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HomeMy WebLinkAbout2024-10-22 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 22, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilwoman Anne Little Roberts Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman John Overton Councilman Brian Whitlock ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the October 8, 2024 City Council Regular Meeting 2. Bordeaux Subdivision Sanitary Sewer and Water Main Easement (ESMT-2024- 0052) 3. Final Plat for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. 4. Findings of Fact, Conclusions of Law for Apex Farr Subdivision (H-2024-0014) by Brighton Corporation, located at west side of S. Locust Grove Rd., north of E. Lake Hazel Rd. and east of S. Meridian Rd. 5. Findings of Fact, Conclusions of Law and Decision and Order for Denial for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat Rd. 6. Findings of Fact, Conclusions of Law and Order for Bradshaw Corner Subdivision (SHP-2024-0003) by Focus Engineering and Surveying, located at 735 W. Cherry Ln. 7. Development Agreement (Luna Hospice H-2024-0012) Between City of Meridian and OverlandHH, LLC for Property Located at 525 E. Overland Rd. 8. Master Fiber Optic Facilities Permit with Ada County Highway District (ACHD) 9. Master License Agreement with Ada County Highway District (ACHD) for Installation and Disposition of Underground Fiber-Optic Conduit Systems 10. Approval of Agreement with Billing Document Specialties for Fiscal Year 2025 Postage and Mailing of Utility Bills and Authorizing the Procurement Manager to Sign 11. Resolution No. 24-2486: A Resolution Vacating a One-Foot Portion of the Permanent Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lot 3, Block 5 of The Oaks North Subdivision #5, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 12. Resolution No. 24-2488: A Resolution of the City Council of the City of Meridian to Amend the Future Land Use Map of the City of Meridian Comprehensive Plan Concerning a Portion of the Ten Mile Interchange Area, Generally Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 in Section 15, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 13. Parks and Recreation Department: Lakeview Golf Course Fee Proposal ADJOURNMENT 4:58 PM Meridian City Council Work Session October 22, 2024. A Meeting of the Meridian City Council was called to order at 4:31 p.m. Tuesday, October 22, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, Doug Taylor, and Anne Little Roberts. Members Absent: John Overton and Brian Whitlock. Others Present: Chris Johnson, Bill Nary, Steve Siddoway, Ryan Roberts, Berle Stokes and Dean Willis. ROLL-CALL ATTENDANCE _X Liz Strader Brian Whitlock _X_Anne Little Roberts 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 October 22nd, 2024, 4:31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It doesn't look like we have any -- I don't see any changes to the agenda, so move for adoption of the agenda. Little Roberts: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 8, 2024 City Council Regular Meeting Meridian City Council Work Session October 22,2024 Page 2 of 11 2. Bordeaux Subdivision Sanitary Sewer and Water Main Easement (ESMT-2024-0052) 3. Final Plat for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. 4. Findings of Fact, Conclusions of Law for Apex Farr Subdivision (H- 2024-0014) by Brighton Corporation, located at west side of S. Locust Grove Rd., north of E. Lake Hazel Rd. and east of S. Meridian Rd. 5. Findings of Fact, Conclusions of Law and Decision and Order for Denial for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat Rd. 6. Findings of Fact, Conclusions of Law and Order for Bradshaw Corner Subdivision (SHP-2024-0003) by Focus Engineering and Surveying, located at 735 W. Cherry Ln. 7. Development Agreement (Luna Hospice H-2024-0012) Between City of Meridian and Overland, HH, LLC for Property Located at 525 E. Overland Rd. 8. Master Fiber Optic Facilities Permit with Ada County Highway District (ACHD) 9. Master License Agreement with Ada County Highway District (ACHD) for Installation and Disposition of Underground Fiber-Optic Conduit Systems 10. Approval of Agreement with Billing Document Specialties for Fiscal Year 2025 Postage and Mailing of Utility Bills and Authorizing the Procurement Manager to Sign 11. Resolution No. 24-2486: A Resolution Vacating a One-Foot Portion of the Permanent Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lot 3, Block 5 of The Oaks North Subdivision #5, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 12. Resolution No. 24-2488: A Resolution of the City Council of the City of Meridian to Amend the Future Land Use Map of the City of Meridian Comprehensive Plan Concerning a Portion of the Ten Mile Interchange Area, Generally Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 in Section 15, Township 3 North, Meridian City Council Work Session October 22,2024 Page 3 of 11 Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date Simison: First up is the Consent Agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve the Consent Agenda, for the Mayor to sign and Clerk to attest. Little Roberts: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Parks and Recreation Department: Lakeview Golf Course Fee Proposal Simison: So, I will move to Item 13, which is Department/Commission Reports, which is for Parks and Recreation Department Lakeview Golf Course fee proposal. Turn this over to Mr. Siddoway. Siddoway: Yes, Mayor, Council. And thank you, Chris, for getting the presentation up. am pleased to kick off just by saying what a great year it's been out at the golf course this year. We have had a really really good successful year out there and just want to, you know, turn around and offer my -- my thanks to Ryan Roberts, who is the general manager out there. He is not here for the presentation, but he is here in case there are, you know, questions I can't answer about golf operations and things. He is -- he is my -- my right arm tonight on that. But the overall financial performance of the golf course is very positive. We -- if you look at just the -- the operational expenses and revenues and not the capital, which is an important caveat, because they would exclude things like the -- the clubhouse renovation, things like that. But we made almost 300,000 dollars in profit out there -- 280,000 to be specific and the total rounds played are up more than 15 percent from 42,000 rounds last year to 48,631 rounds this -- this past year -- fiscal year '24. So, that's a fiscal year number, as opposed to a calendar year number. But Meridian City Council Work Session October 22,2024 Page 4 of 11 this is a great place to be in terms of the number of rounds for us. I mean it really is maxing out most of our open times during the good weather time. I mean the -- the times when the tee sheet isn't filled are in the wintertime when it's cold or closed due to snow or ice or in the hottest part of the summer when it's a hundred plus and smoky there is, obviously, available times. But other than that Ryan's been doing a really good job of managing such that those -- those tee times are -- are being filled. Importantly to me and probably to you, the paid rounds -- or the ones that are the greens fee rounds were up more than 14 percent this past year or almost 4,000 rounds. The specific number was 3,995, but those rounds are up. So, with that as background I just want to show you our philosophy for what we would like to bring forward for the new fees for this coming year out at Lakeview. I think the first bullet point is really important. I'm not asking for a motion tonight. I'm not asking for approval. I am asking for your -- your feedback and with that feedback the goal or intent is to, then, publish those fees for a public hearing a few weeks from now. So, we want to discuss the proposed fees what our methodology has been and, then, we will post those fees and bring them back to Council in a few weeks for that hearing. The goal is to cover our costs for operations, plus some additional to cover the subsidy, like has always been talked about at the pool and -- and elsewhere, but pool specifically, and we did a market analysis that I will -- that -- that is our -- our main focus and I will be sharing more with you on that here in just a second. But we want to continue offering our quality facilities and programs at an affordable price and to keep our facilities accessible to Meridian residents in particular, though it's open to everybody. So, what we have done with Ryan's help and Garrett took a -- took a big lead on that. In fact, Garrett would be the one making the presentation to you tonight, but he is out hunting and having a good week. So, I'm here. Now, you can see ten facilities right there starting with Warm Springs and ending at Shadow Valley that are -- were considered -- what we considered the comparable courses that were used for the -- the market analysis. The high end or private clubs, like Banbury or Hillcrest, were -- were not on -- included on the list and the little par threes that, you know, aren't a true 18 hole course, like Pierce Park or Indian Creek, were also left off, but these -- and we try not to be selective, you know, only pick the high ones, because there is ones that are cheaper and ones that are more expensive, but we just tried to pick the field of all of the courses that we think the golfers that are coming to -- to play at Lakeview what are their, you know, options. So, we looked at those, we looked at all of their fee offerings and we basically averaged all of them and, then, compared them to ours. What we are proposing tonight is just to take our fees to the average of the market based on those comparable facilities. Most of them go up. Some you can see, you know, on -- on the screen, the current fee, as well as the -- the proposed fee -- there is even one that goes down slightly. It's the second one on there. The weekday nine holes drops from 30 to 29.25, because we were trying to be true to the -- the average and the proposal is to just move us to the average of the market. The -- the overall increase as a whole is about 5.71 percent and -- but the -- these would be the -- the proposed fees on the greens fee side based on those averages. This next slide, then, looks at our season passes and we would propose to increase the season passes proportionally to the green fees, meaning, as an example, if the weekday 18 whole greens fee went up 1.6 percent, which it did, the single restricted season pass, which is restricted to weekdays, moves up the -- the same percentage. So, you can see Meridian City Council Work Session October 22,2024 Page 5 of 11 the current fees and the proposed fees, they are based on the -- the season passes are -- are based on those percentages and, then, the other -- the last thing that we would propose -- right now we have all of these as -- we have nonresident and resident passes available. We would propose, because we don't sell many nonresident passes, just to eliminate the nonresident passes just to avoid having so many different fees. Limit the total passes sold to 225 for this coming year and that number we will continue to monitor and have conversations about, because I think as we dive deeper there are some passes, frankly, that we may not want to restrict, like a weekday pass, for example, if we have openings, but we will monitor that and we can talk about that, but right now this gives us a little room for growth. We sold a little over 200 total passes last year, but the idea would be to give Meridian residents the first opportunity to purchase. Specifically we would -- we -- we typically start selling passes the day after Thanksgiving when everyone's having Black Friday sales, people are in the mood to buy things for Christmas for their families and our passes typically go on sale. There is not a -- a sale price, but we typically put ours on sale for the following year on that date. So, that would be our -- our goal and, then, open it up to nonresidents after the first of the year. So, with that that's the philosophy, that's what we would like to -- to publish and -- and -- and put out there for -- for discussion and for hearing and I will stand for questions. Simison: Thank you, Steve. Council, questions for Steve? Or feedback. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Steve. I was curious about the -- a couple things. Just the Lakeview cart fee that said it was new on your presentation. If you could explain -- yeah. So, last slide that you were on. Actually the previous slide. Siddoway: This one? Strader: Yep. Yeah. It's like the third. Yeah. Thank you, Council Woman Little Roberts. You have the third row down. I was just surprised that this is a new --just help me understand this fee I guess. Siddoway: Yes. And I may have Ryan come up and help me with this, but I think I know -- understand the basics, which is what we have today are -- are two types of these fees. One is we have a cart fee to come out once and -- and rent a cart for your round. That -- we already have that and I don't think that one's proposing to change at all; right? We also have a fee where you can bring your own cart and -- and drive it on the course, but what Ryan's been getting multiple requests for is I would like a season pass fee to rent a cart for the season; is that correct? Roberts: Correct. Meridian City Council Work Session October 22,2024 Page 6 of 11 Siddoway: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And just not being a huge golfer -- on my bucket list one day I will get to that when I'm retired or something, but help me understand. So, do we have enough golf carts -- like my concern with moving to that model would just be, you -- you need to make sure season pass holders, then, have carts available for when they show up to golf. So, do we have any constraints around the number of carts and how are you sort of thinking through that? Roberts: No. Good question. Simison: You need to step up to the mic, Ryan. Roberts: Good question. Thank you. No, I don't see a problem with it. Basically when they come out we have enough carts -- we got 54 carts. It's just an option for people to be able to use Lake View carts whenever they come and pay -- and pay an annual fee for that. Strader: Okay. So, you are not worried about like an oversubscription of carts in a single day? Is the amount of carts related to the amount of rounds of golf that could theoretically happen at any time? I'm sorry, I apologize that's really going down a rabbit hole. Roberts: No. That's okay. No, I don't see a problem. I would like to try it out this year and see how it goes and come back with an analysis and -- but I don't see an issue with us running out of carts. Simison: In theory if they were to golf they would have been -- they would be renting a golf cart anyways. I mean I have only walked 18 holes once in my life and that was two weeks ago and I don't recommend it, but -- so, if they are going to golf anyways it's just do they want to pay a flat fee for the year? That's really the thing. Roberts: And we are probably renting a cart anyway. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's helpful. And the -- so, I did notice the weekly nine hole went down and, I don't know, just some feedback. I wouldn't recommend necessarily lowering anything. I would recommend maybe keeping it the same or if you feel like there is some magic to being underneath the 30 dollar amount maybe come up from Meridian City Council Work Session October 22,2024 Page 7 of 11 where that was, but close to 30. 1 just think in an inflationary environment where every other fee is going up it just seems a little odd to me to have this one, unless there is something really driving it besides the math, so, I don't know, my -- I guess my feedback is, yeah, I think -- I think this makes some good sense. I think it makes sense to try to do this market analysis that you did. I think that's a good approach to any kind of fee setting. I do think if -- if we feel like it's important to offer to our Meridian residents first I think that makes sense. I just think managing the messaging around that, so that there isn't confusion, that -- I don't want nonresidents to think they can't golf there. So, I guess that's my initial feedback. Thank you. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Steven and Ryan, thank you. A couple of questions. One kind of just on Council Woman Strader's comment about fees. Some of the price points -- I know we are kind of driven by a formula, but they are kind of funny, like $34.15 or some kind of -- doesn't it make sense to just round them off, so that when -- because as a consumer just -- Siddoway: So, yes, if you look at -- we did round them off, so that when a tax is added it comes -- Taylor: Oh. Siddoway: -- to a round number. Taylor: Okay. Siddoway: So, they are a funny number as the -- the base fee, so that they are a round number when tax is added, because we do see that the people just wish it was a round number that -- with tax your number is -- is X and when we looked across the valley there is some variation. Some have -- but most have round numbers when the tax is added, not round numbers before tax. Taylor: So, Mr. Mayor, if I can just have a number of follow-up questions here. Is that how you will display it on the website? The fee is the round number, so it's not kind of a strange number, is that how you plan to kind of market it? Roberts: Yes. Yes. And the other idea behind it, too, is when people come and check in it's a lot easier for the staff to memorize pricing and say it's 34 dollars, it's not 32.58. Taylor: Okay. Yeah. So, like when I call and say how much does it cost for a twilight? It's -- right. Okay. My next question would be -- do you -- do you know the number of -- in our sort of competing or similar courses how many season passes they sell? Is there Meridian City Council Work Session October 22,2024 Page 8 of 11 -- is that kind of matrix you ever shoot for? Is that kind of irrelevant? Or do we even care? Siddoway: I do not know the number. We just have the prices. Do you happen to know the number? Roberts: There are some courses that are starting to limit them to like 100 or 150 based on a certain season pass. I see some difference of -- of them all. So, there is a little variation. Some courses are not limiting at all, but some are starting to move towards that with season passes. Siddoway: But just to clarify myself if I may. That would be a hundred on a -- like a specific one, like one that allows weekend play not, a hundred between all -- Roberts: Correct. Siddoway: Because that would be a lot different than our, you know, 225. But that's why I think as we monitor this and manage it we may want to come back and say, you know, these five we don't want to limit it all, but these five we want to limit. But that -- I think that's for a future year not this year. Taylor: Yeah. And that was kind of my follow up is do we -- do we want to limit them at some point? And I see that sort of -- at some point you want people who are paying and, obviously, that season pass is great, because there is some economies of scale with your getting a better benefit hopefully, but, you know, understand the limit. Do we know what that number should be? Is it 100, 150, 300? Do we have any sense for that? Siddoway: We know we sold over 200 this last year -- or combined; right? And -- and that -- that's been right in the sweet spot. I have -- I have a love-hate relationship with the idea of limiting them at all. In fact, I went to Robert and said, hey, I'm a little worried about the season passes out, you know, taking space away from greens fees players, which is where the money is really made and helps keep the -- the course profitable. At the same time it's important to continue having those passes, because people -- they love them and rely on them and there is a lot of regulars that buy them every year and so I went back to and said, hey, I think we limit them and I went back to him and said, hey, I think maybe we don't want to limit them and that what we decided was let's set a number that we are comfortable with, because we need to get the word out that this isn't just unlimited forever. You know, there is a finite number of these that we would sell. We are not up against that wall yet, but there would be a point where we wouldn't want to sell anymore. I mean do you want to characterize that any different, Mayor? Simison: No. I think you have characterized it fine and I didn't hear any number yet, but one of the questions I asked Steve is like on average how many rounds does someone that buys a pass play, you know, tracking some of that information so we have a better idea about what the value is -- a break even is a huge advantage? Is it a huge Meridian City Council Work Session October 22,2024 Page 9 of 11 disadvantage, you know, because there is sometimes where selling a season pass makes you a lot of money, because no one uses it and there is sometimes we are selling a season pass means that you turn up like Bogus Basin you got to turn away day people and they can't go up there and take advantage of it and you lose that revenue. So, eventually, it will be a business decision I think for the city to how do we -- based on our philosophy. But that's why we kind of went back and, yes, I asked Steve to keep it in after -- because like I didn't bring this up, you guys brought it to me. Let's take it to Council and get their feedback on it. And so that's why it's here. I talked to Councilman Whitlock about it before he left. He agreed to leave it in, again, because everyone who got one last year can get one this year under this scenario and track moving forward what type of rounds people are playing off of the passes and making informed decision maybe the next year or two about do we need to make changes or limit some and not limit some. Taylor: Yeah. And I think that -- I would agree with that. I think we want it to be accessible as much as possible, but I think we just kind of need to figure out what that number is and kind of play with that and that to your point, you know, I have a family season pass at Bogus and I intend to fully make them basically pay me to show up, because I'm going to show up so much, so -- but, you know, it -- if we want to make sure we are having people come and, then, they are paying and paying for the services I agree with that, but I do want there to be a sense that it's -- it's very friendly, open, accessible. You know, if there is a business decision to limit it I -- I can support that. I think I understand why we would do that. But probably -- it probably -- in my mind it would be a few years of like looking at the data and the numbers to make an informed decision and I would think, you know, if the trend continues where the rounds of golf are increasing, you know, that data is going to be really helpful to look at over time to help make an informed decision. So, I think that does make some sense. My last question and, then, maybe just comment a little bit, you know, we have put a lot of money into the facilities making it nice. We have some more investments with bathrooms and things coming. How much of some of the increase in rounds do you attribute to like people wanting to be out there versus, you know, how much marketing do we do? How many other programs do you do to try to, you know, incentivize kids and families and stuff to come kind of just golf there? Siddoway: I will turn it over to Ryan, but I will just say anecdotally I believe a lot of it has to do with the improvements that are made out there. It's a more attractive course. But Ryan. Roberts: Yeah. That has a lot to do with it. Also the junior programs you will bring a lot of families in from our junior programs and what we do out there. A lot of those junior programs parents are buying season passes. We have had kids, you know, we have seen go to high school that have been coming there for as long as I have been there, you know, six plus years, so that's how we get more people coming out there. So, it's a combination of junior programs, lots of great tournaments, great facility, great staff, great place to come. Meridian City Council Work Session October 22,2024 Page 10 of 11 Taylor: Yeah. And I -- Mr. Mayor, I will -- just one last comment. Giving you a lot of my money, because my kids have the youth on course pass, so I'm always going out there and paying my full green fees and I'm like, man, maybe I ought to just get a pass, but -- so, anyway, it's -- it's the first time I golfed at Lakeview was probably six or seven years ago and I didn't go back for a while and, then, the last time I went back -- I think it was last year and this year I think I probably did ten or 12 rounds this year, but a significant improvement over the first time I did it before the city took over. So, compliments to what you guys are doing out there. Siddoway: Thank you. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: No questions. But since I already called Ryan and asked my questions that were just kind of helping me figure out what they were working on and just great job -- great job with the course. I think you are right on target with the price increases. I think people are prepared for it, watching all the work that's been put into it, so kudos to you, the team, everybody involved. Siddoway: Thank you. So, my question is do we -- are there general agreement to publish the -- the fees as shown on here? Do we -- as a group do we want to not reduce the one that reduces or do we notice it this way and make that decision in a few weeks? Any feedback on whether to publish them as is or make any changes before we publish? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just looking at it now that you have explained how you factored in the sales tax on the one that you mentioned that went down, the current fee is 31.80. The proposed fee would be 31. 1 mean I actually like the fact that you are kind of rounding it off. I think that makes it easier to talk about what it costs. Excuse me. So, I'm personally comfortable with what you have. I do have one more question I didn't ask before. I think -- it seems like Lakeview's position as a family friendly course -- it's a place to learn the game, so that when you are good enough you can go to Banbury and it doesn't -- you know, it's not so painful to pay those -- those fees. You know, at some point, you know, where do the fees kind of top out where you don't want to go beyond that where you are starting to make it kind of like -- it's kind of hard. I mean if I took -- you know, if I take my two kids, my wife and myself -- we golf and we rent a cart it's still pretty expensive. But I do think it's important to like -- I like that Lakeview is viewed as sort of that family friendly like getting people into the game and learning it. It's a great -- great way to spend time I -- I guess you don't have to answer this question. My suggestion is that we strive for that as we look at the next few years to make sure that Meridian City Council Work Session October 22,2024 Page 11 of 11 it's still family friendly, because there is plenty of expensive golf courses and I don't want it to be the cheapest, because I want it to be a nice course to play on, but I -- I -- you know, just my feedback in terms of when we are looking at fee structures. Simison: I'm happy to take that one just from a -- you know, our -- our goal has been -- with the bringing on the -- on the golf course to have offset costs so they are operationally the two net out as zero and I think with these changes if the golf goes up and with some other changes that you are going to see, the pool, we might be getting pretty close to that number and, then, it just becomes can we maintain that as -- as we pay staff more, as costs go up there maybe -- but maybe we don't look at where we are in the market as much, but we keep it at what are -- are we able to maintain that cost recovery element overall and I think that would be my recommendation to Steve is once we kind of get to that point that you level said it, but we don't want to -- if we can recover some more we do that by finding that sweet spot. Siddoway: And I can provide numbers, but that's the philosophy we are aiming for. Just big picture. Simison: Okay. Siddoway: And we will see that we will -- we will notice these fees and be back to you in a few weeks. Simison: Okay. Siddoway: Thanks. Roberts: Thank you. Simison: Thanks, Steve. Thanks, Ryan. All right. With that we have reached the end of our agenda. Do I have a motion? Strader: Mr. Mayor, 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: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 4:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-6-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 8, 2024 City Council Regular Meeting Meridian City Council October 8,2024 Page 74 of 74 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Not seeing any future meeting topics I move that 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 10:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 22 2024 MAYOR ROBERT E.SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bordeaux Subdivision Sanitary Sewer and Water Main Easement (ESMT- 2024-0052) ADA COUNTY RECORDER Trent Tripple 2024-059689 BOISE IDAHO Pgs=6 ANGIE STEELE 10/22/2024 04:44 PM CITY OF MERIDIAN, IDAHO NO FEE Project Vattte Suk>ckisosiat Bordeaux Subdivision - Sanitary Sewer&®rater iVtain F: searteatt list€tatter; ' ldeiffy this Easement by sequential hur b—c—r if Project coatains ' snore than one easement of this typce , (See Instructions for additional information). ESMT -2024-0052 ' IA7A E N1 AI N FA EMEIT, -THIS Easement Agreement,-trade this22 day-of October 202+etweeti 2 North Homes, LLC gT-Grantor")-and the City of Meridian, an Idaho Municipal Corporation (-"Grantee WHEREAS, the Grantor desires to ovi e- sanitary sewer and water main right-of- way across the-prernises And property-hereinafter-parti-cularly bounded and described; and WHEREAS, the 'sanitary sewer and Water is to- be provided for through underground pipelines to be constructed by-ethers ; nd WHEREAS it will be necessary to maintain ain and -service---said pipelines from time to time by the Grariteea - NOW, THEREFORE, in- onsidcrati-o of to benefits to"-be received by the Grantor, and other good and valuable consideration,.the Grantor does hereby give, grant and convey unto the Grantee the.right-o way for an easement for the operation and maintenance of sanitary sewer arid" water .trains -aver and across' the following described property: (SEE ATT C: E HI I `S and A The easement hereby granted is for the purpose; of construction and operations of sanitary sewer and water -mains and their allied .facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right;of access to such facilities at any and all times. TO HAVE AND TO--HO , the said easement--and- right-of-way unto; the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AID AGREED, by and between the parties hereto, that after making repairs or performing of 3er r aintenance -Grantee shall restore the area of the easement and_adjacent._property to that existent"prior to undertaking such repairs and maintenance, However,--Grantee shall not be responsi fe for repairing, replacing or restoring anything placed within-the-area described in this-easement that was placed there in violation of this easement- Sanitary Seger and Water Main Easement- REV 01/0I/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any pennanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR. North Homes, LLC Wbvy Jeanette Newbold,Manager STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on j (date) by Jeanette Newbold (name of individual), [complete the,following i signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of 2 North Homes,LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Manager (type of authority such as officer or trustee) JAY LI��� c N rr I STATE OF IDAHO COMMISSION # 54927 o Sign tare }} y ssion Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-22-2024 Attest by Chris Johnson, City Clerk 10-22-2024 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 10-22-2024 {date} by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A BORDEAUX ESTATES SUBDIVISION WATER AND SEWER EASEMENT A water and sewer easement located in the parcel of land lying in the South 1/2 of the Northeast 1/4 of Section 25 together with Lot 5, Block 49 of Paramount Subdivision No. 21 filed in Book 105 of plats, pages 14238 through 14240, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a 5/8" iron pin being the southwest corner of said Lot 5, Block 49; thence 5.89'28'20"E. a distance of 115.11 feet along the north line of said Lot 5 to a point,said point also being the POINT OF BEGINNING; Thence N.00"24'56"E. a distance of 73.72 feet to a point; Thence along a tangent curve to the left a distance of 23.43 feet,said curve having a radius of 25.00 feet, a delta of 53'41'36",and a chord bearing N.26"25'52"W. a distance of 22.58 feet to a point; Thence along a tangent curve to the right a distance of 38.85 feet, said curve having a radius of 51.00 feet, a delta of 43'38'29", and a chord bearing N.31'27'26"W. a distance of 37.91 feet to a point; Thence N.89'28'20"W. a distance of 11.66 feet to a point; Thence N.0031'40"E. a distance of 10.00 feet to a point; Thence 5.89'28'20"E. a distance of 10,87 feet to a point; Thence along a non-tangent curve to the right a distance of 67.13 feet,said curve having a radius of 51.00 feet, a delta of 75'25'03",and a chord bearing N.39°21'36"E. a distance of 62.39 feet to a point; Thence N.00'27'33"E. a distance of 4.42 feet to a point; Thence 5.8932'27"E. a distance of 10.00 feet to a point; Thence 5.00'27'33"W. a distance of 3.06 feet to a point; Thence along a non-tangent curve to the right a distance of 80.31 feet,said curve having a radius of 51.00 feet,a delta of 90"13'17",and a chord bearing 5.46'27'54"E. a distance of 72.26 feet to a point; Thence N.74"11'32"E. a distance of 11.43 feet to a point; Thence 5.00'18'12"W. a distance of 10.41 feet to a point; Thence 5.74'11'32"W. a distance of 12.28 feet to a point; Thence along a non-tangent curve to the right a distance of 38.68 feet, said curve having a radius of 51.00 feet, a delta of 43°27'01", and a chord bearing 5.32"23'02"W. a distance of 37.76 feet to a point; Thence along a tangent curve to the left a distance of 23.43 feet, said curve having a radius of 25.00 feet, a delta of 53"41'36", and a chord bearing 5.27"15'44"W. a distance of 22.58 feet to a point; Thence 5.00"2456"W. a distance of 73.79 feet to a point; Thence N.89'28'20"W. a distance of 40.00 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.27 acres, more or less,and is subject to all existing easements and right- of-ways of record or implied. X b 15758 0 �J.tpN�QP / LOT 2 0.5 ACRES LOT f 0.47 ACRES :ER PALL R 0 PEPPARD AYE *ACRESLCT o 905370240 LRDER ROSERT N PEPPARD AVE ,9053T0230 LO0.33 5 ACRES R FAMILY MUST a I PEPPARD AVE 905370220 .aar waR' MOVE New Arn WAPc EAlEPENT NSL 0. T PM.OUNT SUS N0. 21 M.PILWII(F.G pL Curve Table Parcel L'M. Table w P w N Pe. ae.M.NYn aw f.M. —f D� 'V 0 21 AT rew SY.f'S N36'19'my ..Y U 1f.M' MP'M We Ci YM' ltDY .39'M' Mf'SY Ny nw I2 1.w fV Jf'WE U n.tY !Tm ATIhT NY'1T'MS SIM 1¢NT S♦'er MY mm M»rr aM rr s.1 w.r -V= M aser s1m .nror M1 u M'N sr.Y' u faar sM aY 211 M aa.r Ytlf a!'.fY• sv fr.rN v,M u aM' Y 2r nv V uJ NTf ft']YE u m.r w fr 1zr u OAr sa.'n'.u•N f rrrun IWNOMi LNF ONP w u.E SSG A - - - -- cxWA LwE . LOT IE f C^0 G'01[Mf LME GRAPHIC SCALE 0- 15758 n n m Y M �_Z_Zy O • SETT SE 1/ N°I PW r P • z/z'wav wx �..aTL ATE Oi lO� • PWNf. t - • N Pq/C HOW PRO SET J.J. HOWARD ° M�• �° tz/e/v f BOROEAUX ESTATES SUBDIN90N LN PNNM R�RY > r�aiw T" - w' cu zzof Tl WATER 6 SEINER EASEMENT - EXHIBIT 8 W IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. STAFF REPORT C� w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H O DATE: 10/22/2024 Legend 0 TO: City Council Project Location ? FROM: Sonya Allen,Associate Planner 208-884-5533 - ~W�AV'E SUBJECT: FP-2024-0001 E}F=A I R� F- Promenade Cottages No. 1 � ? r PROPERTY LOCATION: �z 403 E. Fairview Ave., in the NW 1/4 of Section 7,T.3N.,R.IE. ' E Z, I. PROJECT DESCRIPTION Final plat consisting of 30 single-family residential building lots and five (5) common lots on 2.7-acres of land in the R-40 zoning district for the first phase of Promenade Cottages Subdivision. II. APPLICANT INFORMATION A. Applicant Steve Arnold,A Team Land Consultants— 1785 Whisper Cove Ave.,Boise, ID 83709 B. Owner: Lesley's Mobile Estates,LLC—313 N. Main St.,Hailey, ID 83333 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plat(H-2022-0013)as required by UDC 11-613-3C.2. The proposed final plat depicts the same number of building lots and common open space area as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required by UDC 11-6B-3C. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 2 V. EXHIBITS A. Preliminary Plat(dated: 4/7/23) ❑ w,11 y� Z 6 ¢y �n gg�3tl W YYY Y YY � d5 z Ll ttl3 � 4qq 44 y w I 5 n rwom�e�wno - b n N t � I aa�a»s°F" SS e� U 'i w O 5 - U _ w �rw r��$ai�KKR a .o w LU � I II Page 3 B. Final Plat(dated: 1/19/2024) R_ � SmS m go �5E36 hi, aa Sp 1-H.; 5 as � .c 5� d } c a8 '° �fi O W �co0 8 s 'Pp `ask vT rm :,- .B HE I I I I �^:`v -A o oO® 4Q $�z mob" 1 I hHS�'F ~ � I C I - p ti (D a o eF � I I _ o O` - IA.CI,SfA05 gp n zlg(,pp5 _4�_ ,IB'SL£M,Li,SfA05 L� 1 O a cc z I 'IS 4ltr'3N I m w U gun oaau,oly UI Q.1 T1, � o a�i�p apol,�olo�O I O I ' 1 Q { a a I T ,LB'SZ£3_Ct.97.00N� (�Vd)P-19 OE'3N A 3 Im me I I I 0 w I I I _m uIom- 'PL N F 111 n"nnn e Page 4 C. Landscape Plan(dated: 1/30/2024) o � Jill l ¢ a g g o =4 1 � Epgpg x 9 F o � iiHill! V1 dill[•77 aiS a �g � OL w � a € a a R f J i UL 1 8 q ri a LL'- xa..[ till o ee LU L n� Page 5 on � w YF� m till W d W � 9 2 4 za a ag d� m a ig B o —ram 3AI80 V03WVIV � a i Ea sa �� as a3 a3 I � z 92 � Y � 1 V- qq 1 I � za 3a� Ed ooa 1 rnn wowwm ,a a f' I z 3AWO 3OVNNOIOO a w I rc — � 4 a '1S 0 Page 6 AmenityD. Details Legend Proposed Dog Park 1iSS�I I I + -' _ . r.. •� ` �A� yr; - .a. '=r�. ��•�, �7_ 'its Y a �` • 'mot "�. ��.';,�,- Google Page 7 PROMENADE PROPOSED GAZEBO PROMENADE PROPOSED PLAY EQUIPMENT Page 8 IQ-1424,4:04 PM 12an-1 Galvanized Raised Bed-Burpee BLS EE� Search for p rod um,categories,... 1-6 s a 4 ' y L i t L https:pwww-hurpee-cornl123s-1tgalvanized-raised-bed-prod600122-html?utrn_source=google&utm medium=cpc8utrn_campaign=PLA_NB_PMax_N--- 112 Page 9 E. Parking Exhibit(dated: 4/7/2023) p U (W7 k w y , w ¢ 5,' W y R r W�! cr w Ie 3nIaa VIN311YC I f I I I LU Co I I I i LW� r � o w a �a�0000 111 o > I I a A w F— F------ Page 10 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-2022-0013,DA Inst. #2023-070499). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council approval of the preliminary plat(i.e.by June 27,2025); or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group,LLC, stamped on l/19/24 by Lawrence H. Koerner,included in Exhibit B shall be revised as follows: a. A cross-access/ingress-egress easement shall be provided between the subject property and the multi-family and commercial lots to the north via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. b. Delineate the private streets from the parking areas on common Lot 1. c. Depict private street names on the plat as approved in the Ada County Street Name Review letter. d. Depict zero(0)lot line setbacks where attached dwellings span across lot lines. 5. The landscape plan prepared by The 3 Brothers Landscaping Co., dated 1/31/24 included in Exhibit C, shall be revised as follows: (Note: The version of the UDC that applies is Nov. 30, 2021) a. The landscape plan is required to be prepared by a landscape architect, landscape designer or qualified nurseryman per UDC 11-3B-3D; specify on the plan which applies. b. In the Landscape Calculations table,include the linear feet of frontage on NE 3'St. and the required number of street trees that demonstrate compliance with the standards listed in UDC 11-3B-7C.3. c. Depict landscape materials within the street buffer along NE 3'St. in accord with the standards listed in UDC 11-3B-7C. d. In the Landscape Calculations table, include the linear feet of pathways within the site and the required number of trees that demonstrate compliance with the standards listed in UDC 11-313-12C. e. Depict landscape materials adjacent to all pathways within the site that demonstrate compliance with the standards listed in UDC 11-3B-12C. £ Include mitigation information on the landscape plan for all existing trees that are being removed with development in accord with the standards listed in UDC 11-3B- 10C.S. g. Depict pedestrian lighting adjacent to the pathway along the eastern boundary of the subject property. Page 11 h. Depict pedestrian connections between the subject property and the multi-family development to the north.All pathways should comply with the standards in UDC 11-3A-8. 6. All private streets within the development shall comply with the design and construction standards listed in UDC 11-3F-4 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district 8. 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. Alternative Compliance was approved for Lots 2, 5, 9, 11, 12, 14, 19, 22, 24, 26, 28 and 32,to allow the parking pads to be in alternate locations as depicted on the parking exhibit in Section V.E instead of in front of the garages. 9. Site amenities shall be provided as depicted on the landscape plan and as shown in the exhibits in Section V.D. 10. 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. 11. The Applicant shall obtain final approval of the private streets within the development as set forth in UDC 11-3F-3B prior to signature on the final plat by the City Engineer. 12. A Design Review application shall be submitted for approval of the single-family attached structures. Final design shall comply with the design standards in the Architectural Standards Manual. 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. See the Agency Comments folder in the public record for additional comments applicable to this development. Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Apex Farr Subdivision (H-2024-0014) by Brighton Corporation, located at west side of S. Locust Grove Rd., north of E. Lake Hazel Rd. and east of S. Meridian Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,­ AND DECISION& ORDER In the Matter of the Request for A Development Agreement Modification(MDA)to Remove the Property Annexed with South Meridian-Arbor Ridge(H-2015-0019,Inst.#2016-007071) and Portions of the Property Annexed with Shafer View Terrace(H-2020-0117,Inst.#2021-102396) and Apex(H-2020-0066 Inst.#2020-178120)from the Existing Agreements to Include in a New Agreement and Update the Overall Conceptual Development Plan for the Site and Other Provisions as Applicable; Rezone(RZ)of 38.69-acres of Land from R-2 to R-8(0.76-acre),R-15 to C-C (6.66- acres) and R-4 to R-8 (31.27-acres); and Preliminary Plat(PP) Consisting of 381 Single-family Residential Building lots,6 Commercial Building Lots and 60 Common Lots on 131.89-acres of Land in the R-8,R-15 and C-C Zoning Districts for Apex Farr Subdivision,by Brighton Corporation. Case No(s).H-2024-0014 For the City Council Hearing Date of: October 8,2024 (Findings on October 22,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 8, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 8,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 8, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 8,2024,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 § l l-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX FARR-MDA,PP,RZ H-2024-0014 - 1 - 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 8,2024, 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 Development Agreement Modification,Rezone and Preliminary Plat is hereby approved per the provision in the Staff Report for the hearing date of October 8, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX FARR-MDA,PP,RZ H-2024-0014 -2- 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 § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 8, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX FARR-MDA,PP,RZ H-2024-0014 -3- 22nd October By action of the City Council at its regular meeting held on the day of 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 COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-22-2024 Attest: Chris Johnson 10-22-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-22-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX FARR-MDA,PP,RZ H-2024-0014 -4- EXHIBIT A COMMUNITY DEVELOPMENTDEPARTMENT REPORT REPORT ✓✓ rY L HEARING 10/8/2024 Legend DATE: Project location 0 TO: Mayor&City Council :Area of Impact ® @� ' }= City Limits FROM: Sonya Allen,Associate Planner O Analysis I 208-884-5533 _S sallen@meridiancity.org - APPLICANT: Brighton Corporation or rui SUBJECT: H-2024-0014 � Apex Farr—MDA,PP,RZ (aka Pinnacle) LOCATION: West side of S. Locust Grove Rd.,north ✓„ of E. Lake Hazel Rd. and east of S. Meridian Rd.,in the NW 1/4 and the east - 1/2 of Section 31,T.3N.,R.lE. I. PROJECT OVERVIEW A. Summary The Applicant has submitted applications for the following: • Development Agreement modification(MDA)to remove the property annexed with South Meridian-Arbor Ridge (H-2015-0019, Inst. #2016-007071)and portions of the property annexed with Shafer View Terrace(H-2020-0117, Inst. #2021-102396) and Apex(H-2020- 0066 Inst. #2020-178120)from the existing agreements to include in a new agreement and update the overall conceptual development plan for the site and other provisions as applicable; • Rezone(RZ)of 38.69-acres of land from R-2 to R-8 (0.76-acre), R-15 to C-C (6.66-acres) and R-4 to R-8 (31.27-acres); and • Preliminary Plat(PP) consisting of 381 single-family residential building lots, 6 commercial building lots and 60 common lots on 131.89-acres of land in the R-8,R-15 and C-C zoning districts. B. Issues • Block 12 exceeds the maximum block face length allowed in UDC 11-6C-3F for residential districts along W.Precipice Dr. and along W.Vertex Dr. The Applicant requests a Council waiver to the block face standard for both of these block faces due to the block design being constrained by site conditions that include a large waterway/irrigation facility(i.e. the Farr Lateral) along the northern boundary and steep slopes ranging from 7-12%within a portion of the area. Traffic calming is proposed in the form of a 29-foot wide street section for W. Precipice Dr. along the Farr Lateral and bulb outs and choke points. (See Section III.E.6 for more information) City of Meridian I Department Report I. Project Overview • A 25-foot wide buffer is required in the C-C zoning district on Lots 1, 5 and 6,Block 23 to the abutting residential uses along the west boundary as set forth in UDC Table 11-2B-3. Landscaping and fencing(if the use can't be adequately buffered by landscaping)is required within the buffer in accord with the standards listed in UDC 11-3B-9C. The Applicant requests City Council approval of no buffer in this area on the commercial property with the provision of a 15-foot wide common area mew on the residential property, which will include landscaping and a sidewalk. The Applicant asserts the mew will act as a buffer that still provides connectivity to the adjoining uses and walkability to the adjoining commercial uses to the east in accord with the MU-C FLUM designation. Staff recommends if Council is amendable to the Applicant's request that the common area mew is increased to a minimum of 20-feet wide consistent with the linear open space standards in UDC H- 3G-3B.le and includes landscaping in accord with the standards for landscape buffers to adjoining uses listed in UDC 11-3B-9C.If Council grants the request,a reduction to the buffer width does not affect building setbacks; all commercial structures shall be set back from the property line a minimum of the buffer width(i.e. 25-feet)required in the C-C zoning district. (See Section III.D.3.iii for more information) As an alternative to the Applicant's request, between the residential and eommer-eial portions of Bloek 23,whieh would require no buffer-on the C C zoned property, and an alley is provided for-neeess to the r-esiden units rather-than a private street.The addition of a publie street will pr-o-Ade a named street for-addFessing the east f6eing units,provide for-on street par-ldng for-guests of the residential units and pr-oAde a tr-ansition/separation between land uses(see eoneept p in Section TTIXA) and Staffs original recommendation to provide a public street between the residential and commercial uses,which doesn't meet ACHD's off-set requirements, Staff recommends residential lots/uses are removed from Block 23 and all of Block 23 is developed with commercial uses and zoned C-C. C. Recommendation Staff: Staff recommends approval of the proposed MDA,RZ and PP requests with the provisions included below in Section IV. Commission: The Commission recommends approval to City Council of the proposed MDA,RZ and PP requests with the provisions recommended by Staff and changes requested by the Applicant and agreed upon by Staff included below in Section IV. D. Decision Council: The City Council approved the proposed MDA, RZ and PP requests with the amended provisions in Section IV below. IL COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Rural residential/agricultural - Proposed Land Use(s) Single-family residential detached/attached dwellings - Existing/Proposed Zoning Existing:R-2(Low-density Residential),R-4(Medium- VII.A.2 low Density Residential),R-8 (Medium-density Residential)and R-15 (Medium-high Density Residential). Proposed:R-8 (Medium-density Residential),R-15 i L J (Medium-high Density Residential),C-C(Community Business City of Meridian I Department Report II. Community Metrics Description Details Map Ref. Existing Future Land Use LDR(Low Density Residential),MDR(Medium Density VILA.3 Designations Residential)and MU-C(Mixed Use—Community)with a school designation Table 2: Process Facts Description Details Preapplication Meeting date 4/9/2024 PREAPP-2023-0164 Neighborhood Meeting 2/15/2024 Site posting date 8/23/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received Yes • Commission Action Required No • Access Various access points • Traffic Level of Service Better than"E" Traffic Impact Study(Y/N) No ITD Comments Received No Meridian Fire Distance to Station:I+/-mile to Station#7;Response Time: see comments Meridian Police No comments received Meridian Public Works Wastewater Distance to Mainline: Sewer is available at site;Impacts or Concerns: Flow is committed—see site specific conditions Meridian Public Works Water Distance to Mainline: Water is available at site in pressure zone 5—project is consistent with water master plan; Impacts or Concerns: See Public Works comments See City/Agency Comments and Conditions Section for all department/agency and the public record for comments received on this application. Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:5 1131427 8 50 Date Retrieved:2024 jig 129 Parcel Count Parcel Acreage Infill Indicator: 599 916 Surrounding Area 37% Not city io 4 [-] City Limits 1A90 ❑ Not City Household Change Household&Population Growth Households El2020 Population Change:45.7% Population ■Growth (Household and Population Change since 2010 Decennial) - 2,000 4,000 6,000 8,000 Use Types Residential Addresses All Addresses ■ single-family 4% ® Multi-family do 4% ® Commercial City of Meridian I Department Report II. Community Metrics Preliminary Plats (last.-years) Conditional Use Permit{last 5-years) Proposed Pro posed Pending Pending Approved Approved 0 2000 4000 6WO ROOD 0 10 20 30 4u ■ Single-family ® Multi-family 2.00 1,000 Single-family Residential 1.50 7 Parcel Diversity 1.00 500 a p Parcel Count 0.33 .17 •Average Acres 0.00 -0:W 1 0 R-2 R-4 R-8 R-15 Average Single-family Density by Zoning Average 15.00 aiResidential Net Density 10.00 9.70 a 5.00 6. 4.50 3.00 0_00 ---go-goDwelling Units!Acre R-2 R-4 R-8 Figure 2: Service Impact Summary Ready Marginal Caution I 4ZIIN Nr ' III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History The subject property, except for the R-2 zoned portion,was annexed in 2015 with an R-4 zoning district as part of the South Meridian Category A annexation,which included multiple properties and property owners(H-2015-0019). A"placeholder"R-4 zoning district was approved with individual Development Agreements(DA's) for each property owner [i.e.Arbor Ridge(Inst. #2016-007071),Brighton Investments LLC(Inst. #2016-007072), SCS Brighton LLC(Inst. #2016-007073), Murgoitio Limited Partnership(Inst. #Inst. #2016-007074)],which require modification of the agreements prior to development of the property to approve any proposed development plan. In 2020, a modification to the existing DA's for Brighton Investments LLC(Inst. #2016-007072), SCS Brighton LLC(Inst. #2016-007073)and Murgoitio Limited Partnership(Inst. #Inst. #2016-007074 was approved,which replaced those agreements with one(1)new agreement(Apex H-2020-0066,DA Inst. City of Meridian I Department Report III. Staff Analysis #2020-178120). A rezone(Apex H-2020-0066)was approved for much of the subject property from the R-4 to the R-8 and R-15 districts. The Arbor Ridge R-4 zoned property along the northern boundary was under different ownership at that time and was not included in the rezone but is part of the subject rezone application. A preliminary plat(H-2020-0056)was also approved for Apex Northwest Subdivision,which included the R-15 zoned portion of the subject property at the southeast corner. The conceptual Master Plan included in the DA depicts"future development"with no specific development plan for the areas not included in the preliminary plat with a general street layout on the land southwest of the Williams gas pipeline and a future school at the northwest corner of Locust Grove and Crescendo. In 2021,the R-2 zoned portion of the property was annexed with a DA(Inst. #2021-102396) and included in Shafer View Terrace Subdivision as Lot 1,Block 5 (H-2020-0117,FP-2021-0056). This lot was depicted as a future phase with no specific development plan. A preliminary plat(H-2021-0087)was approved in 2021 for Apex West Subdivision,which included Lot 1,Block 5, Shafer View Terrace Subdivision and a portion of the subject property.A portion of this property is included in the subject preliminary plat; the remainder will be part of Apex West. Table 4: Proiect Overview Description Details History H-2015-0019(AZ South Meridian: Arbor Ridge DA Inst.#2016-007071, Brighton Investments LLC DA Inst.#2016-007072,SCS Brighton LLC DA Inst.#2016-007073, Murgoitio Limited Partnership DA Inst.#Inst. #2016-007074);H-2026-0056(Apex Northwest—PP),H-2020-0066 [Apex MDA,RZ(replaced all earlier DA's)—Inst.#2020-1781201; Shafer View Terrace(H-2020-0117,DA Inst.#2021-102396);Apex West(H— 2021-0087);Apex NW Pool PBA-2024-0006—ROS#14520). Phasing Plan 7 Physical Features The McBirney Lateral runs east/west through this site,the Watkins Drain runs north/south through the northwest portion of this site,the Carlson Lateral runs along the northern boundary of the site and the Farr Lateral runs along the northern boundary of the site.The Williams Northwest gas pipeline also bisects this site. There is a significant grade on the northern portion of the site south of the Farr Lateral(it's higher in that area and slopes to the south). Acreage 131.89-acres Lots 381 single-family residential building lots,6 commercial building lots and 60 common lots B. General Overview Development Agreement Modification: The subject property is currently subject to three (3)different DA's (i.e. South Meridian-Arbor Ridge (H-2015-0019, Inst. #2016-007071); Shafer View Terrace(H-2020-0117, Inst. #2021-102396); and Apex(H-2020-0066 Inst. #2020-178120).A Development Agreement modification is proposed to include these properties in one(1)new agreement;these properties will no longer be subject to the previous DA's. (See legal description and exhibit map of property subject to the new DA in Section VII.C below) An updated conceptual master plan, shown in Section VIIX below, is proposed to be included in the DA for the overall area subject to the DA.Note: The future school previously planned at the northwest corner of Locust Grove and Crescendo was shifted to the south side of Lake Hazel, east of Locust Grove; a public school is planned on the east side of Locust Grove Rd. in the future. City of Meridian I Department Report III. Staff Analysis Rezone: A rezone of 38.69-acres of land is proposed from R-2 to R-8 (0.76-acre),R-15 to C-C (6.66-acres) and R-4 to R-8 (31.27-acres). (See legal descriptions and exhibit maps for property proposed to be rezoned in Section VII.D below) The area proposed to be rezoned to R-8 is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM),except for a 0.76-acre portion which is designated Low Density Residential(LDR). The area proposed to be zoned C-C is designated Mixed Use— Community(MU-C). The proposed development plan is consistent with the Comprehensive Plan FLUM designations. Preliminary Plat: The Preliminary Plat consists of 381 single-family residential building lots, 6 commercial building lots and 60 common lots on 131.89-acres of land in the proposed R-8, R-15 and C-C zoning districts and is a re-subdivision of a portion of Lot 1,Block 5, Shafer View Terrace Subdivision. The plat is proposed to develop in seven(7) final plat phases as shown on the phasing plan. (See preliminary plat and phasing plan in Section VII.E below)Note: The remainder of Lot 1, Block 5 of Shafer View Terrace Subdivision that's not part of the subject plat will be included in the Apex West final plat(H-2021- 0087). The minimum lot size proposed is 4,180 square feet(s.f.)with an average lot size of 8,021 s.f.A gross density of 2.84 units per acre with a net density of 5.43 units per acre is proposed,which is consistent with the density desired in the MDR FLUM designation. A mix of front-loaded and alley-loaded units in a variety of different lot sizes are proposed with larger lots along the northern boundary to provide a transition between the rural lots to the north of the Farr Lateral. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There are some existing structures on the site that are required to be removed prior to City Engineer signature on the final plat phase in which they are located. There are several site constraints that effect the design and layout of this project, as follows(see map below for reference): • The Carlson Lateral runs along the northwest boundary of the site • The Farr Lateral runs along the northeast boundary of the site at the highest elevation of the project. • The McBirney Lateral will be piped and is located in the southeast portion of the project. • The Watkins Drain runs through the northwest quadrant. • The Williams Northwest Gas Pipeline bisects this site within a 75-foot wide easement. • There is an existing sewer trunk line on the northwest corner of the property in a 25-foot wide easement. • There are slopes between 7 and 12%within the area shown in red on the map below. City of Meridian I Department Report 111. Staff Analysis f 11 t• agnifcmd Freda Farr and in;r)nep+akerab M19 gnu WAkaYklns fkaln + 4a E]d SungLOlY4!n55lM1 4 - i. ' i # + • b * � t f # 4 # i # }+ # #+# +# x 5� ---- i } I - Proposed Use Analysis (UDC 11-2): Single-family residential detached and attached dwellings are principally permitted in the R-8 and R-15 zoning districts,per UDC Table 11-2A-2. Commercial uses are allowed in the C-C zoning district as listed in UDC Table 11-2B-2. 3. Dimensional Standards (UDC 11-2): See UDC Table 11-2A-6 and 11-2A-7 for the dimensional standards of the R-8 and R-15 zoning districts,respectively; and, UDC Table 11-2B-3 for the dimensional standards of the C-C zoning district. 4. Specific Use Standards (UDC 11-4-3): There are no specific use standards that apply for single-family detached and attached dwellings. UDC Table 11-2B-2 notes if specific use standards listed in UDC 11-4-3 are applicable to certain uses in the C-C zoning district. City of Meridian I Department Report III. Staff Analysis D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Future development of the C-C zoned area should comply with the structure and site design standards listed in UDC 11-3A-19;review for compliance with these standards will take place with future development applications. The proposed development should create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices in accord with Comprehensive Plan Policy#3.07.01A. 2. Qualified Open Space&Amenities (Comp Plan, UDC 11-4-3-27): The residential portion of the development is required to comply with the open space and site amenity standards listed in UDC 11-3G-3 and 11-3G-4. A minimum of 15%(or 18.93-acres based on 126.2-acres of residential area) qualified open space is required to be provided in the R-8 and R-15 zoning districts; a total of 36.1-acres(or 29.1%) is proposed that meets the quality standards listed in UDC 11-3G-3A.2. Qualified open space consists of open grassy areas exceeding 5,000 square feet in area, an education garden, linear open space, street buffers along arterial and collector streets,parkways and stormwater detention facilities. When counting street buffers along arterial and collector streets,the buffers need to comply with the enhanced buffer requirements in UDC 11-3G-3B.3.Parkways along local residential streets are required to meet the standards listed in UDC 11-3G-3B.4 when counted toward open space. Stormwater detention facilities are required to meet the standards in UDC 11-3G-3B.5 when counted toward open space. Amenities totaling a minimum of 26 points from each category are required to be provided based on the area of the development(i.e. 131.89-acres). An open space exhibit was submitted as shown in Section VII.I. Site amenities totaling 30 points (pts.)are proposed from each category as follows: • Quality of Life: two(2) fitness courses(2 pts. each=4 pts.), a dog park(2 pts.),two (2) education gardens(1 pt. each=2 pts.). Per UDC 11-3G3C,the fitness course is required to have a minimum of six(6) stations permanently installed; and the dog park is required to have bags for dog waste disposal,a double entrance gate,bench(es) and fencing to enclose a minimum of 5,000 square feet and secured open space for an off-leash dog park. • Recreation Activity Area: swimming pool with changing facilities &restrooms (6 pts.), (2) tot lots/natural play areas(1 pt. each=2 pts.). Per UDC 11-3G3D,the swimming pool is required to be constructed in ground and meet all Building Code requirements; the tot lots are required to have commercial grade play equipment scaled and designed for the use and safety of younger children and benches for seating shall be nearby. • Pedestrian or Bicycle Circulation System: 0.37-mile of pathway aligned with linear open space(1 pt.)and 1.61-miles of multi-use pathway(12 pts.). The proposed pathways are not required sidewalk adjacent to public right-of-way. The multi-use pathway will connect to planned pedestrian or bicycle routes outside the development in accord with the Pathways Master Plan.All pathways will be designed and constructed in accord with adopted City standards. • Multi-modal: bicycle repair station(1 pt.) City of Meridian Department Report 111. Staff Analysis The bicycle repair station is required to be a fixed installation with tools and an air pump per UDC 11-3G-4F.2. The proposed common open space and site amenities meet and exceed UDC standards for such. i. Landscapingis to be provided in common open space areas in accord with the standards listed in UDC 11-3G-5B. The proposed development is consistent with Comprehensive Plan Policy#2.02.00,which states, Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. 3. Landscaping(Comp Plan, UDC 11-3B): Attractive landscaping and pedestrian friendly design is required within new developments in accord with Comprehensive Plan Policy#5.01.02G. Landscaping is required to be provided within the development in accord with the standards listed in UDC 11-3B. i. Landscape buffers alongst A 25-foot wide street buffer is required along S. Locust Grove Rd., an arterial street;20-foot wide street buffers are required along all collector streets (i.e. E. Crescendo St., S. Sublimity Ave.,E. Quartz Creek St.,Apex Way and Elevated Way); and a 10-foot wide street buffer is required along local streets(i.e. E. Phenomenal St.) in the C-C district. Landscaping is required within the street buffers in accord with the standards listed in UDC I I- 3B-7C. All street buffers are required to be in a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owner's association per UDC 11-313-7C.2a and should be depicted on the plat. A 4-foot tall berm is proposed within the street buffer along S. Locust Grove Rd. ii. Parking lot landscaping Internal parking lot landscaping is required with future development of the C-C zoned lots in accord with the standards listed in UDC 11-3B-8C. iii. Landscape buffers to adjoining use A 25-foot wide buffer is required in the C-C zoning district on Lots 1, 5 and 6,Block 23 to the abutting residential uses along the west boundary as set forth in UDC Table 11-2B-3. Landscaping and fencing(if the use can't be adequately buffered by landscaping)is required within the buffer in accord with the standards listed in UDC 11-3B-9C. The Applicant requests City Council approval of no buffer in this area with the provision of a 15-foot wide common area mew on the residential portion,which will include landscaping and a sidewalk as shown in the exhibit below.The Applicant asserts the mew will act as a buffer that still provides connectivity to the adjoining uses and walkability to the adjoining commercial uses to the east in accord with the MU-C FLUM designation. Staff recommends if Council is amendable to the Applicant's request that the common area mew is increased to a minimum of 20-feet wide consistent with the linear open space standards in UDC 11-3G-3B.le and includes landscaping in accord with the standards for landscape buffers to adjoining uses listed in UDC 11-3B-9C.If Council grants the request, 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(i.e. 25-feet) required in the C-C zoning district. As an alternative to the Applicant's request,whieh would require no buffer-on the zoned property, Staff r-eeommends a publie street is provided between the residential an City of Meridian I Department Report III. Staff Analysis eommer-eial portions of Bloek 23 and an alley is provided for-aeeess to the residential units rather-than a private street.The addition of a publie street Will provide a named street for- addressing the east f6eing units,provide for-on street par-ldng for-guests of the residential units and provide a tr-ansition/separ-ation between land and Staffs original recommendation to provide a public street between the residential and commercial uses, which doesn't meet ACHD's off-set requirements,Staff recommends residential lots/uses are removed from Block 23 and all of Block 23 is developed with commercial uses and zoned C-C.See concept layout below in Section III E.1. PM i ®r f pp ! © ! 3 ® ! ------�.._. -- - --- L iv. Tree preservation Existing trees 4-inch caliper or greater that are removed from the site during development may require mitigation(see UDC 11-3B-10 for more information). Include mitigation information on the landscape plan that demonstrates compliance with the standards in UDC 11-3B- 10.C.5. v. Storm inte age Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. A Geotechnical Investi ation report was submitted with this application. vi. Pathway landscaping Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. 4. Parking(UDC 11-3Q: Off-street parking is required to be provided with all development in accord with UDC standards. i. Residential parking analysis Off-street parking is required to be provided for all single-family residential units in accord with the standards for such listed in UDC Table 11-3C-6. ii. Nonresidential parking=analysis Off-street parking is required to be provided for non-residential uses in the commercial district in accord with the standards listed in UDC 11-3C-6B. City of Meridian I Department Report III. Staff Analysis iii. Bicycle parking analysis A minimum of one(1)bicycle parking is required to be provided for every 25 proposed vehicle parking spaces or portion thereof, except for single-family residences,per UDC 11-3C-6G. Bicycle parking facilities should comply with the standards listed in UDC 11-3C-5C. 5. Building Elevations (Comp Plan,Architectural Standards Manual): Several conceptual building elevations were submitted for the proposed single-family detached homes in the residential development, included in Section VILE below. A mix of single-story and 2-story homes are proposed that include a variety of siding styles with masonry accents in a variety of colors and design elements/features with varying roof profiles and wall modulation that demonstrate the high quality of development proposed. Conceptual elevations were not submitted for the proposed single-family attached units; final designi�s required to comply with the design standards in the Architectural Standards Manual. Design review is not required for single-family detached structures.However,because the rear and/or sides of homes facing S.Locust Grove Rd. and internal collector streets will be highly visible, Staff recommends a DA provision requiring those elevations incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from adjacent public streets. Single-story homes are exempt from this requirement. Conceptual elevations weren't submitted for the commercial portion of the development. Administrative design review is required for those structures as well as the swimming pool and associated structure in the residential portion of the development in accord with the design standards in the Architectural Standards Manual. Staff is of the opinion the proposed conceptual building elevations are in accord with Comprehensive Plan Policy#5.01.02L: "Support beautiful and high-quality development that reinforces neighborhood character and sustainability. 6. Fencing(UDC 11-3A-6, 11-3A-7): All/any fencing proposed on the site should comply with the standards listed in UDC 11-3A-6 for fencing along waterways and 11-3A-7. 7. Parkways (UDC 11-3A-17): All parkways should comply with the standards for such listed in UDC 11-3A-17. E. Transportation Analysis A Traffic Impact Study(TIS)was not submitted for this development as ACHD did not require one. Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Amity Road is scheduled in the IFYWP to be widened to 5-lanes from SH-69(Meridian Road) to Locust Grove Road with a design year of 2023-2024,a right-of-way year of 2027-2028,and construction year yet to be determined. • Amity Road is scheduled in the IFYWP to be widened to 5-lanes from Locust Grove Road to Eagle Road with a design year of 2025-2026,a right-of-way year of 2027,and a construction year yet to be determined. • Locust Grove Road is scheduled in the IFYWP to be widened to 3-lanes from Amity Road to Victory Road with a design year of 2028-2029 and a construction year yet to be determined. • The intersection of Amity Road and Locust Grove Road is scheduled in the IFYWP to be constructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south,4- lanes east,and 4-lanes on the west leg with a design year of 2023-2024,a right-of-way year of 2027-2928,and a construction year yet to be determined. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Lake Hazel Road to Amity Road between 2036 and 2040. City of Meridian I Department Report III. Staff Analysis Condition of Area Roadways (Traffic Count is based on Vehicles per Hour(VPH): Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification TrafFic Count Level of Service Locust Grove Road 2,006-feet Minor Arterial 181 Better than"E" Lake Hazel 0-feet Minor Arterial 351 Better than"E" *Acceptable level of service for a three-lane minor arterial is"E"(720 VPH). *Acceptable level of service for a five-lane minor arterial is T"(1,540 VPH). Collector streets are required to be constructed with development in accord with ACHD's Master Street Map(MSM) and/or as required by ACHD. The following streets are required to be constructed as collector streets: E. Crescendo St.,E. Quartz Creek St.,Apex Way and Elevated Way. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): 1. Access is proposed via the extension of E. Quartz Creek St.,E. Tranton St. ara E. Tiber- *,.,-Q. at the project's west boundary; and from S. Locust Grove Rd.via S.Apex Way and E. Crescendo St. An emergency access is proposed at the north boundary via S. Margaret Ave. East Liberator Ct. stubs to the northwest boundary of the site but due to the slope in that area,that street is not proposed to be extended with development. Stub streets are proposed for future extension and interconnectivity with adjacent development and future development in Apex/Pinnacle.An east/west and north/south collector street is required to be provided through the development per ACHD's Master Street Map (MSM). A collector street is stubbed to the north,which will extend to E. Amity Rd.with future development; and S.Apex Way will extend to S. Locust Grove Rd. as a collector street in accord with the MSM. Cross-access/ingress-egress easements should be provided between all of the commercial lots (i.e. Lots 1-6,Block 23) either by recorded easement or as a note on the final plat in accord with UDC 11-3A-3A.2. The north/south drive depicted on the plat that provides access to the residential lots in Block 23 should be realigned to reflect the updated design shown on the landscape plan. Staff is not in favor of the proposed layout of this block with the residential units abutting the parking lot for the commercial area with only 15-feet in between consisting of landscaping and a pathway. , Staff r-eeommends the aeeess drive for-the residential units is uses.eonstr-ueted as an alley and a nor-th/south publie street is provided between the residential and the eommereial lots for-addressing purposes for the east f6eing residential units,for on stree par-king for-the residential units and as a tr-ansition/separ-ation between land T'he following is the existing layout and a eoneept layout showing Staffs r-eeommended ehanges! Because Staffs original recommendation to provide a local street between the residential and commercial uses doesn't meet ACHD's off-set policy, Staff recommends the residential lots/uses are removed from Block 23 and all of Block 23 is developed with commercial uses and zoned C-C. City of Meridian I Department Report III. Staff Analysis Existing Layout: Recommended layout: vli- �-•�R-1�5� C-C � _ �R-1�5•••� � C-C 1 1 1 N 1, Local and collector street connectivity is proposed within the development in accord with Comprehensive Plan Policy#6.01.02B, "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." 2. Multiuse Pathways (UDC 11-3A-5): Multi-use pathways are required to be provided with development in accord with the Pathways Master Plan as required by the Park's Department. Per the plan, a 10-foot wide multi-use pathway is required within the Williams gas pipeline easement and should extend as a detached pathway along the north side of E. Crescendo St.to the detached pathway along S. Locust Grove Rd.A 10-foot wide detached multi-use pathway is also required along the west side of S.Elevated Way to create a pedestrian connection between the proposed park amenity and the existing pathway to the south in Apex West subdivision. A pathways plan is included in Section VII.J that depicts all pathways proposed within the development. A 14-foot wide public use easement is required for the multi-use pathways required by the Pathways Master Plan where they lie outside of public right-of-way and should be submitted to the Planning Division and recorded prior to City Engineer signature on the final plat. The easement and recorded instrument number should be depicted on the plat. 3. Pathways (Comp Plan, UDC 11-3A-8): All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A pathways plan is included in Section VII.J that depicts all pathways proposed within the development. 4. Sidewalks (UDC 11-3A-17): All sidewalks should be constructed in accord with the standards listed in UDC 11-3A-17. A sidewalk is not proposed along the northern boundary of the site adjacent to the Farr Lateral on the northeast side of W. Precipice Dr. due to the grade difference between the waterway and the street(the lateral is higher). The UDC requires sidewalks to be provided on both sides of public streets and does not include a provision for a waiver; therefore, Staff recommends changes to the development plan to provide a sidewalk along the northeast side of W.Precipice Dr. City of Meridian I Department Report III. Staff Analysis Staff recommends a DA provision requiring 10-foot wide detached sidewalks/pathways to be provided along S.Locust Grove Rd.,an arterial street, all internal collector streets and those abutting this site in lieu of on-street bike lanes for public safety. 5. Private Streets (UDC 11-3F-4): All private streets constructed within the subdivision should comply with the standards listed in UDC 11-3F-4. Private streets are proposed for access and addressing for the residential lots in Blocks 2 and 23. A separate application is required to be submitted for approval of the private streets and should be submitted concurrently with the final plat application. Because the proposed private streets will result in several building lots having frontage on both public and private named streets in Blocks 2 and 23,which will likely create confusion for emergency responders, Staff is not in favor of the proposed layout of these blocks. Staff has recommended changes to the layout of Block 23,which will alleviate this issue, as discussed in Section III.E.1 above. Staff recommends the Applicant make changes to the layout of lots in Block 2 to comply with ACHD's requirements for public alleys so that these lots only have frontage on one(1) named street. 6. Subdivision Regulations (UDC 11-6): Compliance with the subdivision design and improvements standards listed in UDC 11-6C-3 is required. Alleys are required to comply with the standards in UDC 11-6C-3B.5. The proposed alleys appear to comply with these standards. Common driveways are required to comply with the standards listed in UDC 11-6C-3D. • Common driveways should serve a maximum of four(4)units; in no case should more than three (3)dwelling units be located on one (1) side of the driveway. The common driveway in Block 12 serving Lots 72-75 exceeds the maximum number of dwelling units that may be served on one(1) side of the driveway. The plat should be revised to remove one(1) of these lots to comply with the standard; or,an alternative compliance request/application may be submitted to UDC 11-6C-3D.1 to be allowed four(4) driveways on one(1) side of the common driveway in accord with UDC 11-6C-3D.9. Note: The Fire Dept. has approved the design of this common driveway. • Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs,lawn or other vegetative groundcover—construction of this buffer is the responsibility of the developer and not the adjacent homeowner. • Perpetual ingress/egress is 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. In residential districts,block faces should not be more than 750-feet in length without an intersecting street or alley, except where a pedestrian connection is provided,then the maximum block face may be extended up to 1,000-feet in length. The City Council may approve a block face up to 1,200-feet in length where the block design is constrained by site conditions which include steep slopes in excess of 10%or a large waterway/irrigation facility. In no case shall a block face exceed 1,200-feet,unless waived by City Council. Where appropriate,traffic calming may be required for blocks in excess of 1,000 feet. • The face of Block 12 along W. Precipice Dr. is approximately 2,500-feet. Two(2) pedestrian connections are proposed within the block that provides pedestrian access between streets. The Farr Lateral runs along the north side of W. Precipice Dr. at the highest point of the development. City of Meridian I Department Report 111. Staff Analysis • The face of Block 12 along W. Vertex Dr. is approximately 1,500-feet. One (1)pedestrian connection is proposed within the block that provides pedestrian access between streets. The Applicant requests a Council waiver to the block face standard for both of these block faces based on the above-noted site constraints in addition to those noted in Section III.C1 above.Traffic calming is proposed in the form of a 29-foot wide street section for W. Precipice Dr. along the Farr Lateral and bulb outs and choke points at pedestrian crossings as shown below. Note: The proposed reduced street section will only allow parking on one side of the street. .00 .—gee Y 1 _ F. Services Analysis See Service Accessibility Report in Section VII.B below. 1. Waterways (Comp Plan, UDC 11-3A-6): All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space,in which case they may be left open as set forth in UDC 11-3A-6. The McBirney Lateral runs east/west through this site within a 25-foot wide easement from centerline both directions and the Farr Lateral runs mostly off-site along the northeast boundary of the site within a 30-foot wide easement from centerline both directions. Both of these facilities are under the jurisdiction of the Boise Project Board of Control(BPBC). The Board does not allow landscaping, including trees and/or shrubs (other than gravel)within their easements—all fences, gates,pathways, and pressurized irrigation lines are required to be located just off the edge of the easements and the easements must be left a flat drivable surface. The Watkins Drain runs north/south through the northwest portion of this site and the Carlson Lateral runs along the northern boundary of the site. 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC I I-3A-18. City of Meridian I Department Report III. Staff Analysis 4. Utilities (Comp Plan, UDC 11-3A-21): All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. Water service is available at the site.Main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. Sanitary sewer service is available at the site. Main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. 5. Topography There is a significant grade on the northeastern portion of the site south of the Farr Lateral(it's higher in that area and slopes to the southwest). 6. Hazards The Williams Northwest gas pipeline bisects this site and lies within a 75-foot wide easement. Future development is required to comply with the Williams Pipeline Developer's Handbook. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A new Development Agreement(DA) shall be required as a provision of the MDA and RZ applications. The previous DA's [i.e. South Meridian-Arbor Ridge(H-2015-0019, Inst. #2016-007071); Shafer View Terrace(H-2020-0117, Inst. #2021-102396); and Apex(H-2020-0066 Inst. #2020-178120)] shall no longer be in effect for the subject property. Prior to approval of the rezone ordinance,a new DA shall be entered into between the City of Meridian,the property owner at the time of rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the rezone is finalized.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 Rezone and MDA request. The new DA shall incorporate the following provisions: i. Future development of the subject property shall be generally consistent with the conceptual development plan,preliminary plat, landscape plan, open space and site amenity exhibit included below in Section VII,the conditions contained herein and the standards in the Unified Development Code (UDC). ii. The subject property shall be subdivided prior to submittal of any building permit applications for the residential portion of the development and prior to issuance of any Certificates of Occupancies within the commercial portion of the development. iii. A 10-foot wide multi-use pathway shall be constructed within the Williams Northwest gas pipeline easement in accord with the Pathways Master Plan. iv-. Depiet 10 feet wide detaehed sidewalks/pathwa-ys along both sides ef all eelleetef stfeets (i.e Gr-eseende St., S. Sublimity .,E. Quai4z Creek St., lanes.Apex Way and Elevated Way) a-ad within the stfeet buffer-along S. Loeust Gfeve Rd., a*after-ial street in lieu of on stFeet bieyele v. Future development shall comply with the Williams Pipeline Developer's Handbook. vi. The rear and/or sides of 2-story homes facing S. Locust Grove Rd. and the collector streets (i.e. E. Crescendo St., S. Sublimity Ave.,E. Quartz Creek St.,Apex Way and Elevated Way) shall incorporate City of Meridian I Department Report IV. City/Agency Comments &Conditions articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. vii. The uses allowed in the C-C zoning district shall be restricted to only those uses listed in UDC Table 11-2B-2 Allowed Uses in the Commercial Districts as allowed uses in the C-N zoning district. The purpose ofsuch is to allow extended business hours of operation beyond those allowed in the C-N district, while not allowing certain uses in the C-C district that may not be compatible with abutting residential uses without a buffer to residential uses on the commercial property as approved by City Council. viii.A 25-foot wide buffer to residential uses shall not be required to be provided with development of the C-C zoned lots in Block 23: in lieu of the buffer,a minimum 17-foot wide common area mew lot shall be provided along the east side of the R-15 zoned property in Block 23 (the length of abutting parking spaces on the commercial property may be reduced from 19-to 17-feet),as approved by City Council at the request of the Applicant. A reduction to the buffer width shall not affect building setbacks; all commercial structures shall be set back from the property line a minimum of the buffer width(i.e. 25- feet)required in the zoning district. 2. The final plat shall include the following revisions: i. Depict a 25-foot wide street buffer along S. Locust Grove Rd., an arterial street; 20-foot wide street buffers along all collector streets(i.e. E. Crescendo St., S. Sublimity Ave.,E. Quartz Creek St.,Apex Way and Elevated Way); and a 10-foot wide street buffer is required along the local street(i.e. E. Phenomenal St.)in the C-C district. ii. All street buffers shall be depicted in a common lot or on a permanent dedicated buffer easement in accord with UDC 11-3B-7C.2a. iii. . & Gfeseende St., S. S-Hblimity Ave.,E. Qttaftz Creek ., ., an aftefial street, in heii ef en street bieyele lanes. Only 5-foot wide detached sidewalks are required in accord with UDC 11-3A-17. iv. A 14-foot wide public use easement shall be depicted on the final plat for the multi-use pathways required by the Park's Dept.per the Pathways Master Plan where they lie outside of public right-of- way. The easement shall be submitted to the Planning Division and recorded prior to City Engineer signature on the final plat and the recorded instrument number shall be included on the plat. v. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover as set forth in UDC 11-6C-3D.5; include a buffer if fencing is proposed. vi. For all common driveways, a perpetual ingress/egress easement shall be depicted on the plat and a note shall be included for requirement of maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3 CD.8. vii. Depict cross-access/ingress-egress easements between all of the commercial lots(i.e. Lots 1-6,Block 23) in accord with UDC 11-3A-3A.2 and an easement that allows the adjacent residents to use the narking lot on the commercial property. viii. . City Council approved a waiver to the block face standards on both sides ofBlock 12 that face W. Precipice Dr. and W. Vertex Dr. as requested by the Applicant due to the site constraints presented by the Applicant. City of Meridian I Department Report IV. City/Agency Comments &Conditions ix. Revise the alignment of the north/south drive that provides access to the residential lots in Block 23 to reflect the updated layout shown on the landscape plan. x. Remove Lot 24, Block 2 to enlarge the mew area and to reflect the updated layout shown on the landscape plan. xi. Depiet a aei4Wseuth publie stfeet between the r-esidefftial lots and the eommer-eial leis in Bleek 23 with pafking en M least one(1), side of the stfeet. xii. Revise the layeu4 ef the lots in Bleek 2 to eemply with AC14D's these lots efily have f f age on one( `famed stfee* Private streets were not required for addressing of these lots to alleviate the issue of lots having f rontage on two (2) named streets. xiii.Depict a sidewalk along the northeast side of W. Precipice Dr. as set forth in UDC 11-3A-17D,unless a waiver is allowed at the time of submittal of the final plat application. Council supported no sidewalk in this area due to the location of the Farr Lateral and no homes fronting on that side of the street: however,the current code doesn't have a provision for a waiver to this standard. xiv.Depict traffic calming(i.e. a reduced 29-foot wide street section for W. Precipice Dr.,bulb-outs and choke points)within the development as shown on the exhibit in Section VII.E as allowed by ACHD. xv. Depict a minimum 17-foot wide common mew lot on the east side of the R-15 zoned proper ad�ai cent to the C-C zoned property in Block 23. xvi.Include a note stating who will own and maintain the private alleys in Blocks 2 and 23. 3. The landscape plan submitted with the final plat application shall include the following revisions: i. Depict a 25-foot wide street buffer along S. Locust Grove Rd., an arterial street; 20-foot wide street buffers along all collector streets(i.e. E. Crescendo St., S. Sublimity Ave.,E. Quartz Creek St.,Apex Way and Elevated Way); and a 10-foot wide street buffer along E. Phenomenal St., a local street,in the C-C district,in accord with UDC Tables 11-2A-6, 11-2A-7 and 11-2B-3. ii. All required street buffers shall be landscaped in accord with the standards listed in UDC 11-3B-7C. The arterial and collector street buffers shall comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3 because they were counted toward open space requirements. iii. Parkways along local residential streets shall comply with the standards listed in UDC 11-3G-3B.4 when counted toward open space requirements as proposed. iv. Stormwater detention facilities shall comply with the standards in UDC 11-3G-3B.5 when counted toward open space requirements as proposed. v. Include mitigation information on the landscape plan that demonstrates compliance with the standards in UDC 11-3B-IO.C.5. vi. Depiet 10 feet wide detaehed sidewalks�paffiways aleng beth sides ef all eelleeter-streets (i.e. E. Gr-eseende St., S. Sublimity Ave.,E. Quai4z Creek ., street buffer-alefig S. -beeust Gfeve Rd., afi after-ial street,in lieu of en street bieyele Apex Way and Elevated Way) a-ad within the vii. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer planted with shrubs, lawn or other vegetative groundcover as set forth in UDC 11-6C-3D.5; if fencing is proposed,depict a buffer. Construction of this buffer is the responsibility of the developer and not the adjacent homeowner. viii.Depict a sidewalk along the northeast side of W. Precipice Dr. as set forth in UDC I I-3A-17D,unless a waiver is allowed by the UDC at the time of submittal of the final plat application. Council supported no sidewalk in this area due to the location of the Farr Lateral and no homes fronting on that side of the street; however,the current code doesn't have a provision for a waiver to this standard. City of Meridian I Department Report IV. City/Agency Comments &Conditions ix. Depiet a aei4Wseuth publie stifeet between the r-esidefftial lots and the eefumer-eial leis in Bleek 23 with pafking en M least one(1), side of the stfeet. x. Depict landscaping in common open space areas in accord with the standards listed in UDC 11-3G-513. xi. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. xii. Depict open vision fencing along the entire length of the Farr Lateral adiacent to the northeast boundary of the site for public safety in accord with the standards listed in UDC 11-3A-6C at the direction of City Council. xiii.Depict a minimum 17-foot wide common mew lot on the east side of the R-15 zoned property adjacent to the C-C zoned property in Block 23 with a detached sidewalk and landscaping consistent with the drawings and perspectives presented b. the he Applicant at the City Council hearing shown in Section VII.J below. xiv.Depict landscaping and trees along the northeast boundary of the site in the buffer/slope adjacent to the Farr Lateral as proposed b. the he Applicant in the exhibit in Section VII.H below to buffer the residential properties to the north. 4. The fitness course shall to have a minimum of six(6) stations permanently installed in accord with UDC 11-3G-3C.6. 5. The dog park shall have bags for dog waste disposal,a double entrance gate,bench(es) and fencing to enclose a minimum of 5,000 square feet and secured open space for an off-leash dog park in accord with UDC 11-3G-3C.9. 6. The swimming pool shall be constructed in ground and meet all Building Code requirements in accord with UDC 11-3G-3D.1. 7. The tot lots shall have commercial grade play equipment scaled and designed for the use and safety of younger children and benches for seating shall be nearby in accord with UDC 11-3G-3D.3. 8. The bicycle repair station is required to be a fixed installation with tools and an air pump per UDC 11-3G- 4F.2. 9. Either apply for alternative compliance to UDC 11-6C-3D.1 to be allowed four(4)driveways on one(1) side of the common driveway for Lots 72-75,Block 12; or,remove one (1)lot in this location to comply with the standard.If alternative compliance is requested, the request shall be submitted concurrent with the anal plat application. 10. Prior to submittal of the final plat for City Engineer signature, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division,approved by City Council and recorded for the multi-use pathway along the Williams Northwest gas pipeline and any other pathways required by the Park's Department in accord with the Pathways Master Plan that are outside of public right-of-way. Include the recorded instrument number of the easement(s)along with a depiction of the easement(s)on the final plat. !I. All private stfeets eefistFueted within the subdivision shall eemply with the standards listed in UPC 11 3F eeaettffen4ly with the final plat apphea4iea. it was detefmined M the Geeneil hearing thM private stfeets afe fie*desire or-needed within this deve ,,pmet* It was determined by City Council that private streets are not desired or needed for addressing purposes in Blocks 2 and 23. 12. All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space,in which case they may be left open as set forth in UDC 11-3A-6. City Council approved a waiver to this standard for the Farr Lateral to remain open and not be piped where it crosses this site. 13. Off-street parking is required to be provided for all single-family residential units in accord with the standards for such listed in UDC Table 11-3C-6; and for non-residential uses in the commercial district in City of Meridian I Department Report IV. City/Agency Comments &Conditions accord with UDC 11-3C-6B. Bicycle parking is required for non-residential uses as set forth in UDC 11- 3C-6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. 14. A 25 feet wide b4fer-to r-esiden4ial uses shall be provided with develepmen4 of the eeffimer-eial lots(i.e. Lets 1, 5 a-ad 6,Week 23). TheApplieant requests City Geuned appreval ef ne bftfftr in this orea en Me C- inelude lane-beapiffg and a sidewalk. Jf C-eHneil grants the reque4, a re�etien te the buffir width shall lie affeet buik4ing setbae&7 all stiwetures shall be set baekftem Me prepero,line a minimum ef the buffer Edited and moved to the DA section above (i.e. #Lviii). 15. The existing structures on the site shall be removed prior to City Engineer signature on the final plat phase in which they are located. 16. Administrative design review shall be required for all single-family residential attached structures,future commercial structures on Lots 1-6,Block 23 and the swimming pool and associated structure in accord with the design standards in the Architectural Standards Manual. 17. All watefwa-ys, e*eept natwal watefways, it4er-seefiag, efessing or-lying within the area being developmen afe required to be piped unless used as a wa4er-amenity or-knear-open spaee, in whieh ease they may be le open asset ferthn UPC 11 3A-6 Delete duplicate condition 18. Permanent addresses cannot be assigned until Ada County has approved the proposed street names. 19. Directional address signage shall be provided at the entries to the private alleys in Blocks 2 and 23 for homes that don't have frontage on a public street; and address numbers shall be installed on the rear of homes so they're clearly visible from the alley,as required by the Fire Dent. 20. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. Other Agency comments may be accessed in the project file, included in the public record. V. FINDINGS A. Rezone(UDC 11-511-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed map amendment and development plan complies with the applicable provisions of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed amendment complies with the regulations outlined for the proposed districts, including the purpose statement. 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 materially detrimental to the public health, safety and welfare. City of Meridian I Department Report V. Findings 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 the proposed map amendment should not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the proposed request is for a rezone, not annexation. B. Preliminary Plat(UDC-613-6) hi 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 and is consistent with this unified development code; The City Council finds the proposed plat is in conformance with the Comprehensive Plan and will be consistent with the UDC if the Applicant complies with the above-noted conditions. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services are available to the site and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no scheduled public improvements adjacent to or on this site. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Staff recommends approval of the proposed MDA,RZ and PP requests with the provisions included above in Section IV.Council should consider and take action on the waivers requested by the Applicant pertaining to block face and buffer to residential uses. B. Commission: The Commission heard these items on September 5,2024.At the public hearing,the Commission moved to approve the subject MDA request. 1. Summary of the Commission public hearing_: a. In favor: Amanda McNutt and Jon Wardle,Brighton Corp. (Applicant's Representatives) b. hi opposition: None City of Meridian I Department Report VI.Action C. Commenting: Julie Edwards,Melissa Fulkerson d. Written testimony: Amanda McNutt,Brighton Corp. (Applicant's Representative— response to the staff report) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Request from the neighbors on Mary Ln. for trees to be provided within the buffer along the south side of the Farr Lateral from approximately Locust Grove Rd. to Margaret Ln. for screenings purposes. The Applicant is amenable to providing trees in this location provided there is adequate area to do so outside of the Farr Lateral easement or through a license agreement with the Irrigation District. b. Opinion that people living in the residential units facing the commercial development in Block 23 would not want to look out their front windows into a parking lot. 3. Key issue(s) of discussion by the Commission: a. The requested waiver to block face standards in regard to both faces of Block 12 and the associated site constraints. b. The requested reduction of the buffer to residential uses on the commercial properly in Block 23 and proposed design with the parking lot for the commercial uses abutting the residential property generally not in favor of the proposed design. c. Concern pertaining to addressing for the lots that have frontagepublic street and are accessed off a named private street and confusion that may occur for emergency responders. 4. Commission changes to the Staff recommendation: a. At the recommendation of Staff,the Commission approved the Applicant's request to remove the requirement for 10-foot wide detached sidewalks to be provided along all collector streets in lieu of on-street bicycle lanes consistent with the 5-foot wide sidewalks constructed in the adjoining Apex developments(only 5-foot wide detached sidewalks are required by the UDC); modification to the condition(#A.3)requiring a revised landscape plan to be submitted to add that it shall be required with submittal of the final plat application; and modification to the condition(#A.9,)requiring alternative compliance to the common driveway standards to allow (4)lots on one side of the driveway in Block 12 to be submitted with the final plat application if requested. 5. Outstandingissue(s)ssue(s)for City Council: a. The Applicant requests deletion of the requirement for a north-south public street to be provided between the residential and the commercial lots in Block 23. b. The Applicant requests deletion of the requirement for the revision to the lot layout in Block 2 to comply with ACHD's requirements for public alleys,which was required so that the lots only have frontage on one named street rather than two. c. The Applicant requests deletion of the requirement for a sidewalk to be provided on the north side of West Precipice Drive; this is a UDC standard that can't be waived. d. The Applicant requests a waiver from Council to exceed the maximum block face allowed for Block 12 along W. Precipice Dr. and W.Vertex Dr. due to the site constraints described above in Section III.E.6. e. The Applicant requests a waiver from Council to not provide a 25-foot wide buffer in the C-C district on Lots 1, 5 and 6,Block 23 to the abutting residential uses along the west boundary with the provision of a 15-foot wide common area mew on the residential property,which will include landscaping and a sidewalk.As an alternative, Staff recommends residential lots/uses are removed from Block 23 and all of Block 23 is developed with commercial uses. City of Meridian I Department Report VI.Action C. City Council: The Meridian City Council heard these items on October 8,2024.At the public hearing the Council moved to approve the subject MDA.RZ and PP requests with the provisions noted in Section IV above. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle,Brighton Corporation(Applicant) b. In opposition:None c. Commenting: Carsten White d. Written testimony: Jon Wardle,Brighton Corporation(Applicant) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Concern pertaining to adequacy of parking for the development with small lots and limited on-street parking,especially for Block 23. Preference for all commercial uses in Block 23. 3. Key issue(s)of discussion by City Council: a. The design and layout of Block 23 and the request for waiver of the 25'buffer to residential uses on the C-C zoned property in favor of providing a common area mew on the residential property as a buffer. b. The UDC requirement for the provision of a sidewalk along the north side of the street along the Farr Lateral and possible future UDC amendment to allow a waiver of such under certain circumstances. C. The zoning(C-N vs. C-C)and uses allowed on the commercial portion of the property and compatibility of such uses with adjacent residential uses: associated restrictions on the hours of operation of commercial uses adjacent to residential uses: limiting uses i the C-C district to those allowed in the C-N district in order to allow extended hours of operation but not allow more intense uses which might not be compatible with ad'ai cent residential uses. d. The Applicant's request for a waiver to the maximum block face standards for both sides of Block 12 due to site constraints. e. Shared parking on the commercial property for the adjacent residential uses. f. The Applicant's request for a waiver to allow the Farr Lateral to remain open where it crosses the site and not pipe it and whether or not to require fencing for public safety. 4. City Council change(s)to Commission recommendation: a. Council granted a waiver to allow the Farr Lateral to remain open where it crosses this site and not be piped:required open vision fencing along the entire length of the Farr Lateral adjacent to the northeast boundary of the site for public safety: granted a waiver to the block face standards for both faces of Block 12 due to the site constraints demonstrated by the Applicant: required a sidewalk along the northeast boundary of the site adjacent to the Farr Lateral based on current code but included a caveat that the sidewalk may not be required with the final plat if an amendment to code is approved that would allow for a waiver:required open vision fencing along the entire len tg h of the Farr Lateral adjacent to the northeast boundary of the site: granted the Applicant's request for a waiver to the 25' wide buffer to residential uses on the C-C zoned property with the provision of a minimum 17' wide common area mew on the residential property with the allowance for a decrease in the length of the abutting parking spaces from 19-to 17-feet:requirement for an easement on the C-C zoned property to allow the adjacent residential uses to use the commercial parking lot: and restricted uses through the DA on the C-C zoned property to only those uses allowed in the C-N zoning district. City of Meridian I Department Report 0. ' 1 1 III oil 111 LUUJ 7. LAKE HAZEL EYA;�. -_- t-4 �- � 611nn�nu��■xl C■� ��� -•- • IIIIIIIE-1■11--�11��G [Q�I, • -1 ,- �r Illlhlllllll�jgg��, �-=sue llllrlllll �i 11111' ■11111 11 � � C—M1l1lr �!H!!!•U �� {�■■//� 11�11p: � 7 . \� ��► Iloilo moss ,11.111 ��ib1►�. �Innn.- .,,•n �•. Z _' •�:� � �����1�jh�� r ti� link N 11l��4� ��1� •�UI*��1 +r>r Inu: . ' n � ♦ '�4�q�1■11111 W �Il�llf�l.■..■■■■■._ hII Illll111I- ■.� i uluunnl :�11n�•111p_C C �ul./ ■ �LlV • ■ t•11'1�1�11 •Afi lPlfl6ltJfipf:' ='� � � �■■ w�r� -+'mil� 'rid �:a L--AKE HAZEL`' 1 ,hi 1111 11111•'111111 \�• mi 1 r iruun�nu��Irr11�x��I 4i b -•- noon.u.-e lnl__���I�� AMITY -_n111 _Ilnnllu� • • �,�_ ��791111111111111 rt�i-� 1111.1 -�'llllllllr w-�-H 111111/11 G,nnn n _- ..�IIYif111111 IIO �nnm HIM HIIIIIii.: 1III INN I. 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J ~ ,.n =_ ■ =ll Ilr�:.riniuiiri r8°= I �■ =IIlIII --11 1111 r •.,.�::... _ i�. IIIpIIIlflnlllllllnl �IIIIIIIIIIIIIIIIIII RIIIIn IIIRIII! Y�,I�llalnuur '._i��' L-AKE=�HAZEL ___ �IIIII�111111: :�IIiA•:�i •� ',�IIIIII AAAA6� IIIr11 IIIr11� L �►� r�� ��IA1111 IIIIAI� A1••��1�� B. Service Accessibility Report PARCEL S 11314 7 50 SERVICE ACCESSIBILITY fOverall score: 18 17th Percentile Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres � GREEN Emergency Services Fire Response time > 9 min. ho Emergency Services Police Meets response time goals same of the time YELLOW Pathwa;s Within 114 mile of current pathways Transit Not within 114 of current or future transit route Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets YELLOWY plan) > existing (4 of lanes) &road IS in 5 yr work plan School Walking Proximity From 112 to 1 mile walking MLOW School Drivability Not within 2 miles driving of existing or future school I RED Eithera Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR a Neighborhood Park within GREEN 114 mile walking Report gerereffid on CB-2!�-2424 by 1J_:RID1AK%,s311r City of Meridian I Department Report VII. Exhibits C. Legal Description&Exhibit Map for Boundary of Proposed New Development Agreement krn E N G I N E E R I N G June 24,2024 Apex Subdivision Project No-21.248 Exhibit A Legal Description for Development Agreement Modification(Apex Farr Subdivision) A parcel of land situated in a por#ion of Section 31,Township 3 North, Range 1 East,5-M-,City of Meridian,Ada County, Idaho,and being mare particularly described as follows'. Commencingat an aluminum rap marking the southeast corner of said Section 31,which bears Soo'32'22"E a distance of 2,700-07 feet frorn a brass cap marking the east 1/4 corner of said Section 32, thence following the easterly line of the Southeast 1/4 of Section 31,NW32'22"W a distance of693,57 feet; Thence leaving said easterly line, N89`42'2VW a distance of 67.25 feet to a 5/8-inch rebar on the subdivision boundary of Apex Northwest Subdivision No.1(Barris 124, Pages 196H.19698,re.cordsof Ada County,Idaho)and being the POINT OF BEGINNING. Thencefollowingthe subdivision boundary ofsaid Apex Nu rthwest Su Ind ivi don No_1 the fol lowi ng th ree (3)cc u rsev 1- N89*42'21"W a distance of 563.32 feet to a 5/8-inch rebar; 2. N39'31`OWW a cifstanoe of 11.71 feet to a 5/8-Inch rebar; 3. N89'43'08"W a distance of 1.50 feet to a Sf 8-inch rebar on the subdivision boundary of Apex Northwest Subdivision No_2(Boa 124,Page519$44-19)W,records of Ada County,Idaho); Thence leaving said subdivision houndary of Apex Northwest SuWivfsion No.1 and following 5.aid subdivision boundary of Apex Northwest Subdivision No,2 the following seven(7)courses; 1, N00a16'5VE a distance of 528.00 feet to a 5/8-Inch rebar; 2. 14.14 Peet along the arc of a circular curve to the right,said curve having a radius of 9.D0 feet,a delta angle of 90*00'47",a chord bearfng of N45'27'15"E and a L#iord distance of 12,73 feet to a 5/8-inch rebar; 3. S89'42'21"E a distance of 146.58 feet toa 5/8-inch rebar; 4_ NOU1739"E a distance of 87.50 feet to a 5/8-inch rebar; S. N89*42'21"W a distanceof 130.00 feet to a 5/8-inch rebar; 6. 570'21`17"W a dIstanre of 24.92 Feet to a 5/8-inch rebar; 7_ N89'42'21"ti,'i!a distance of 47_64 feet; Thence leaving said subdivision boundary of Apex Northwest Subdivision No-2,N47'56'33"W a distance Of 251.11 feet; Thence N49'54'59"W a distance of 47,18 feet; Thence N47'51'19"W a distance of 1,638.44 feet; Thence 542"'414W a distance of 46 1.9 1 feet; Thence 50.41 feet along the arc of a circular curve to the right, said curve having a radius of 60.00 feet,a delta angle of 49'08't2r+a chord hearing of 566`12'47"W and a chord distance of 48,94 feet; Thence N85'43'08"W a distance of 40,82 feet; Thence N44'07'12uW a distance of 21.37 fbet; Thence 198.52 feet along the arc of a circular curve to the left,said curve having a radius of 31130 feet, a delU angle of 36W'56",a chord bearing of N22*16'05"W and a chord distance of 195.18 feet; Thence N4T31'33"W a distance of 241.33 feet; 5725 North Discovery Way*BoIse,Idaho 83723•208.633.6939• kmengIIp-cam City of Meridian I Department Report VII. Exhibits Thence 226,01 feet along the arc of a circular curve to the left,said curve having a radius of 261.50 feet, a delta angle of49"31'13",a chord bearing of Nfr5`17WW and a chord distance of 219.Q4 feet; Thence 589`57'15"w a distance of 450.51 feet; Thence 50 02'45"E a distance of 31,50 feet to the southerly line of the Southeast 1/4 of the Northwest 114 of Section 13; Thence following said southerly fine, 589"57'15"W a distance of 529.87 feet to a 5J8-inch rebar marking Center-West 1/16 corner of said Section 31 also being the southeast corner of Prevail 5ubditrisipn No. 1, Book 120,Pages 18715-18719, records of Ada County, Idaho); Thence leaving said southerly line and following the westerly Ilne of said Southeast 1/4 of the Northwest 1/4, NOQ"31'11"E a distance of 1,326.96 feet to a 5/9-inch rebar marking the Northwest 1/16 corner of said Section 31 (also being the northeast corner of Prevail Subdivision No.2,Book 12.1,Pages 19054- 19057,records of Ada County, Idaho and being the southeast corner of Prevail Subdivision No.3,Book 126. Pages 20182-20184,records of Ada County, Idaho); Thence leaving said westerly line of the Southeast 114 of the Northwest 1/4 and fallowing the westerly IIne of the Northeast 114 of the Northwest 1/4 of said Section 31, f4Ui}`2C'36"E a distance of 206_M feet to the northeast corner of said Prevail Subdivision No_3; Thence fallowing said westerly line, NDCr20'361rE a distance of 24.96 feet; Thence leaving said westerly Iine, N81"55'55"E a distance of 531.16 feet to a 5J8-inch rebar; Thence S25'53'19"W a dis#arice of 7.65 feet to a 5/8-inch rebar; Thence$92°35'12"W a distance of 8.19 feet to a 5I8-inch rebar on the northeasterly bank of the Farr lateral; Thence following said northeasterly bank the following five(5)courses: 1. 48.99 feet along the art of a curve to the left, said curve having a radius of 5S.DO feet, a delta angle of4a'23'56",a chord bearing of 522°46'16"E and a chord distance of 47.55 feet to a 518- inch rebar; 2. 54V58'07"E a distance of 45.40 feet to a 5/8-inch rebar; 3. SW23'34"E a distance of 180.18 feet to a 5/8-Inch mbar; 4. 161,54 feet along the arc of a curve to the left,said curve having a radius of 588.00 feet,a delta angle of 15044'26", a chord bearing-of 562415'470E and a chord distance of 161,03 feet to a 5/8- inch rebar; S. Thence S70"14'4WE a distarite of 112.44 feet to a 5/8-inch rebar on the northerly line of said Southeast 1/4 of the Northwest 1/4 of Section 31; Thenoe leaving said northeasterly bank and said northerly line,519'57'31"W a distance of 12.12 feet to the centerline of said Farr Lateral, Thence following said centerline the following three(3)courses, 1_ 570*07'29"E a distance of 9.75 feet; 2. 562'02'S8"E a distance of 207.13 feet; 3. S65'37'43"E a dlstante of 186.17 feet to the easterly line of said Southeast 1/4 of the Northwest 1/4; Thence leaving said centerJine and following said easterly line,&00'38'17mW a distance of 30.20 feet to a point on a IIne being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral; Thence following said IinE thefbilowing fourteen 14)courses: 1. 553455'51"E a distance of 137,97 feet; 2. S67`14'14"E a distance of 113.95 feet to a 1/2-inch rebar; 3. S72"17'39"E a distance cf87.22 feet tc a 1/2-inch rebar; 4 578°53'S8"E a distance of439.81 feet to a 1J2-inch rebar; 5. 5754551C"'E a distance of 99.84 feet; PAGE(2 City of Meridian I Department Report VII. Exhibits 6- 5451*21'l1"E a distance of 24.44 feet; 7. 546"09"47"E a distance of 188.67 feet; 8. 555"48'16"E a distance of45.29 feet to a 1/2-inch rebar, 9. S62'37'05"E a distance of 33 1,4 1 feet to a 1/2-inch rebari 10. S49'07'Oi1"E a distance of 149.42 feet to a 1/2-inch re har; 12, 547"33'25''E a distance of223,36 feet; 12. SW34'10"E a distance of 104.95 feet; 13. S59`52'47JrE a distance of 94,86 feet; 14. 555*32'370E a distance of 460.70 feet to a point on the northerly line of the southeast 114 of said Section 31; Thence leaving said line and following said northerly line, N89'57'WE a distance of 390.76 feet to a brass cap marking the east 1/4 corner of said Section 31; Them-e leaving said northerly line and following the easterly line of said Southeast 1J4,S0W33'224E a distance of le372.93 Feet; Thence leaving Bald easterly line, M99' 42'21"W a distance of 63.22 feet to a point on the westerly right- of-way lirEe of S_ Locust Groin Rd.; Thence following said westerly right-of--way line the following nine (9)courses' 1. 500'17'39"W a distance of 97M feet; 2. S89'42'21"E a distance-of 18.14 feet; 3. S21'07'21"E a distance of 18,06 feet; 4_ _5W32'22"E a distance of 3 17.11 feet; 5. 50VW4.rW a distance of 94.42 feet; 6. S00"32'22"E a distance of 91.20 feet; 7. 524`46'04'W a distance of 28.23 feet; 8. N89'42'21"W a distance of 3.19 feet; 1_ 500*17'39"W a distance of 1.50 feet to the POINT OF BEGINNING. Said descrlption contains a total of 131.89 ac,res,more or less, Attached hereto is Exhibit B and by this reference is made a part hereof, , 1 1f.5 or ILL_ 10 . 'f - of PAGr 3 City of Meridian Department Report VII. Exhibits I I I n "r3 I r m as Il` I i I PI'S I w� I — i 4 N ?a z m mrr, �av rn 5-Locust Grove Rd. i ht 7 E N G I N E E R I N G 3 5725 N.P DISCOVERV WAY BOISE.IpWU SEAL; PHONF410916WliM Exhibit B-Apex Farr SubdivIsiorl �+ km4n9 JpLwe DA Mod if cation GATE: Jun!2mma PROJECT; Ra4a6 SHEET: Situated in a portion of Section 31,T,3N,,R.1E.,,BM-, 1 DF q City of Meridian,Ada County, ID City of Meridian I Department Report VII. Exhibits S46'09'47"E 10947' SM'45'16"E 45.29' I ►1NE 25-FT SOUTMESTERLY 54907'4D'E Of CENTERLINE OF THE 148,42' FARR LATERAL S59'52'47"E 347'33'25"E 94,86' 226,36' 554'34"1 0"E , 144.95' 7 N59'57'56"E w' MUNO BRASS CAP E 1/4 CORNER f SEnom 31 xa ,2 ''✓yam -� ri ' 2 "e.l N48.54'58_W N47'5$'33)N 251.11' D 400 8DO 1200 L4 � L3 Na742'21*W PLL Plan Scale' Vq=400' 130.0D' L16 4c> 67.30` o L1q Apes{NorthWB5t S99'42'21"E Subdivision No_2 :� 1Ae_W 2 L1 L24 VL N&9'42'21-W L25 N�r 563.32' r5 u7 j POINT OF BE61NwIN6 � Apex Northwest N6*2'211W Subdivision No_ 1 87.25' ("E) POINT OF OOMMENOEMENT E. Lake Hazel Rd_T.3r1. R.IE.31 3a' ENGINEERING 5725 NWH 015WYERY WAY 9415F,iP*H4 @}WJ 3 PHONE[NO) l-a" Exhibit B-Apex Farr Subdivision Ut."ftrw DA Modification 6ATI! June 2M PROJECT: 71-11W SHEET: Situated 1n a portion of Seet!Dn 31,T_3N_,R.1E.,Ell , i 2 OF 4 City of Meridian,Ada County,I City of Meridian I Department Report VII. Exhibits Cn tA c C z CL Q, CL w rp w rp ip L_ —� O ——4 CD ILi I3 N } S N00'31'11"E 1326,86' ur !n D , rrt rf cA ' r C 07 C _w 'g �z z , [a i6 y O—o v ip C ,- Ch ae N U=f �0 ay rn z {n r z a o u V in q I = ` M CA h4� C m I _ ¢ 4 m u r N rq Sn 4 ii5 m -O rn FTi, { zzX0 O V y ::U # S C3 rnEE G !L# PL cl! 0 C9 wN m -w 52 5La {fu� S A V a 47 03 fl N dy i �r4 3 _b Gin 11 SM m 2[ 1 1 t Py r5 P4 lkiTi E N G 1 N E E R I N G S ST7SH0RTH01smuEFUwnr ! .,G.ODOM 31773 ! PHCVEmplEl639-SN9 ExhibitB-Apex Farr Subdivision kmtngllp.mm DA Modification } DATE: J4nP�42A PRQACr! 21.2A9 SHEET Situated in a portion of Section 31,T.3N_, RAE.,.BM., 3 OF 4 City of Meridian, Ade County, ID City of Meridian I Department Report VII. Exhibits LONE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE Ll N39'31'04'W 11.71' L14 34Q'35'17V 30,2V L2 NB9'43'05'W 1.50' 05 S151'21'11"E 24.#4' L3 57O'2l'17-N 24.92' LIB NOV42'211W 63-22' L# I NlW4-2'21'W 4-7.64' L17 I 500'17'39"W 87.5C' LS NBB 43'08'W 40.82' L1 B S69'42'21'E 1 B.14' L6 N44'07'12V 21.37' 09 S21'07'21-E 15.06' L7 50R'02'45'E 51_50' L21 S0U45'44V 94.42' L$ N00'20'35'E 24.96' L22 500'32'22% 91,20' L9 S2v53,WW 7_65' L23 S2446'04rN 2S,13' 00 EB235'12"W 8.19' L24 N89'42'21'14 3,19' Lit S46'58'07'E L5.40' L25 SW17'39-W Lit 519'52'31'W 12.12' L13 S70'07'29'E 9.75' CURVE TABLE CURVE FADIUS LENGTH DELTA CHORD BRG CHORD Cl 9.120' 14.147 9CPW47" 1445'1P67 12.73' C2 50.00' 50.41' 4$r*-IW12' S65'12'47''N 48.94' C3 311.5D' 198.52' 5T2W56` N22'15'0!M I95.1 B' 4 C# 261_50' 226.61' 49`31'13' N65'17'091W 219.04' C5 M.00' 48.99' 46'23'56' S22'46'16'E 47.5V r CB SM-40' 161.54' 15-44'26" 5B2-15'47"E 191.03' krn F Y 1 4 t 1 4 4 1 1 F E 14 G I N E E R I N G I SMSNO&TH OISCIWIFLY Warr e6r;F IDAHOMIR PHDWE CM)ff R9 Exhibit B Apex Farr Subdivision DA Modification F DATE: lun&=U r PeEHE[T: 21-M t SHEET: ituated in a portion of Section 31,T.-SN.,R.1E.,S.M., 4 OF 4 Clty of Meridian, Ada County, la City of Meridian I Department Report VII. Exhibits D. Rezone Legal Descriptions&Exhibit Maps-REVISED km9233 NEST STATE STREET I BOISE,ID 83714 I 2OS_639.5939 I FAx 208.639.6930 April 30,2024 Project No.21-24S Exhibit A Legal Description for Rezone to R-8 Apex Farr Subdivision A parcel of land being a portion of Lot 1,Block 5 of Shafer View Terrace Subdivision(Book 128,Pages 20722-20730,records of Ada County,Idaho)and further situated in the Northeast 1{4 of the Southwest 1/4 of Section 31,Township 3 Narth,Range 1 East,B-M-,City of Meridian,Ada[aunty,Idaho and being more particularly described as follows; BEGINNING at a 5/$-1nch re bar marking the Center 1f4 corner of said Section 31,which bears N89'57'15"E a distance of 2,507.62 feet frorn an aluminum cap marking the West 1/4 corner of said Section 31,thence following the easterly line of said Southwest 114,500°17'55"W a distance of 270.93 feet; Thence leavingsaid easterly line,8.54 feet along the arcofa dreularcurve to the left,said curve having a radius of 280.0D feet a delta angle of 01'44'51",a chord bearing of N39.39r07"W and a chord distance of 8.54 feet; Thence N40°31'33"W a distance of 241.33 Feet; Thence 198.79 feet along the arc of a circular curve to the heft,said curve having a radius of 230.00 feet, a delta angle of 49'31'13,a chord bearing of N65°17'09"W and a chard distance of 192.66 Feet to a paint on the northerly line of said Southwest 114; Thence following Bald northerly line,N8917151 a distance of 338.68 feet to the POINT 4F BEGINNING. Said parcel contain&a total of 0.758 acres,more or less. Attached hereto 15 Exhibit S and by this reference Is hereby made a part of. 1245 �ice• �''� ENGINEERS SURVEY095 PLANNERS City of Meridian I Department Report VII. Exhibits POINT OF BEGINNING CENTER 1f4 CORNER SECTION 31 I� FOUND 5/8' RESAR I Proposed Apex Farr I r r� Subdivision BASIS OF BEARING 36 32 _ NE19'57'1 " 2507.52' 2168-94' N89-57`15"E 33 .$8' x Rezone Area:0,758±AC. Portion of R7824251260 i WEST 1/4- CORNER SECTION 31 Current Zoning; R-2 Q a I FOUND ALUMINUM CAP Proposed Zon R 8 Proposed Apex Farr Subdivision Proposed Apex West Subdivision 1 I Shafer View Terrace Subdivision CURVE TA4BLE CURVE RADIUS LENGTH DELTA CHORDERG CHORD C1 280-00' 9.54' 1'44'51" N32r39'07"W E3.54' C2 230.00' 199.79' 49'31'13" 1465.17'09"W 192.66' IIIIIIIIIIIIIIIIIIEF � 1QQ �00 30U kffi Plan$role:1"=1E)O' E N G I N E E R I N G Sk33 r#OKTH NSCO Ar WAY MSS-IDAHO B3713 PWffEI13Mi6?3-G339 Exhibit B - Rezone to R-8 km n¢llp.com Apex Farr Subdivision DATE Aprll2DU PR WELT: 21-249 SHEET: A portion of the Lot 1, Block 5 of Shafer View Terrance in the NE 1/4 1 OF 1 of the SW 1/4 of Sec_ 31,T3N, R1E, BM, City of Meridian, Ada County, Idaho City of Meridian I Department Report VII. Exhibits km9233 WEST STATE STREET I ROISE,0 83714 J 208.639.6939 1 FAX 208.639.6930 October 15,2024 Project No.21-248 Exhibit A Legal Description for Rezone to C-C Apex Subdivision A parcel of land situated in a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,Township 3 North,Range Z East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of said Section 31,which bears 500"32'22"E a distance of 2,700.07 feet from a brass cap marking the east 1/4 corner of said Section 31, thence following the easterly line of the Southeast 1/4 of Section 31, NOQ"32'22"W a distance of 660.07 feet to the POINT OF BEGINNING. Thence leaviRS said easterly line,N89942'21"W a distance of453.05 feet; Thence NOO'15'52"E a distance of 623.25 feet; Thence 589°42'21"E a distance of 444.12 feet to said easterly line of the Southeast 1/4; Thence following said easterly line,S00°32'22"E a distance of 623.32 feet to the POINT OF BEGINNING. Said parcel contains a total of 6.418 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. .11 T a o124590 OF ENGINEERS SURVEYORS J PLANNERS City of Meridian I Department Report V11. Exhibits 31 32 EAST 1/4 CORNER SECTION 31 FOUND BRASS CAP 1 Proposed Apex Farr , Subdivision `P E. Crescendo St. SB9'42'21'E 444,12' I I Proposed Apex Farr Subdivision Q ra I o Rezone Area: 5.415±AC- w m portion of S1131449000 & N❑ CU z > x _ S1131449810 M` a __ Current Zoning-. R-15 o o ¢' � Proposed Zoning:C-C .� F�-N P6 EL Q -Q �+ < O o O1 � z � V a J FDINT OF E. Phenomenal St_ EEGINNING N89'42'21'W 453.05' �I 0 Apex Northwest Subdivision No. 1i CV N N N7 POINT DF COMMENCEMENT SOUTHEAST CORNER SECTION 31 FOUND ALUMINUM CAS E. Lake Hazel Rd. T.3N , R.1E.31 - �- - - N T.2N.. RAE, 6 5 0 150 Sao 450 ENCrINEERING Plan Scale: 1" 150' s72S NORTH DiSCOVERV WAY BOISE,IDANO07" PHONE(WEI 639-939 Exhibit B- Rezone to C-C kmengllp.com Apex Farr Subdivision p.ATE: Octaberl M24 PRCJEGT; 23-2A9 SHEET: A portion of the SE 114 of the 5E 1f4 of Section 31, 1 OF 1 T3N, RIE, BM, City of Meridian,Ada County, Idaho City of Meridian I Department Report VII. Exhibits km9233 QUEST STATE STREET I 8015E,Id 83714 [ 208.639,6939 1 FAX 208.639.6930 April 29,2024 Praject No_21-248 Exhibit A Legal Desuiptian for Rezone to R-8 Apex Karr 5ubd1v1sTon A parcel of land situated in a portion of the South 1/2 of the Northeast 1/4 of Section 31,Township 3 North, Range 1 East,B,NI,, City of Me rid ianr Ada Countyr Idaho and being more particularly described as follows; BEGINNING at a 5/S-inch rebar marking the Center 1/4 corder of said Section 31,which bears 589'57'5VW a distance of 2,601.37 feet from a brass rap marking the East 1/4 corner of said Section 31, thence fallowing the westerly line of said Northeast 1/4, N00°38'17"E a distance of 1,112.96 feet to �1 point 0n a line being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral; Thence leaving said westerly line and fallowing said line parallel to the Farr Lateral the following fourteen (14)courses; 1. S63'55'51"E a distance of 137.97 Feet; 2. S67'14'14"E a distance of 113.95 feet to a 1/2-inch rebar; 3. 572*17'39"E a distance of 87,22 feet to a 7J2-Inch rebar; 4. 578`53'58"E a distance of439.81 feet to a 1J2-inch rebar, S. S75"55'100E a distance of 99.84 feet; G. SG1"21'11"E a distance of 24.44 Peet; 7_ 546TT47"E a distance of 189.67 feet, 8_ 555148e1VE a distance of 45.29 feet to a 1/2-inch rebar; 9. 562'37'05"E a distance of 331.41 feet to a 1/2-inch rebar; 10. S49'07000"E a distance of 149.42 feet to a 1/2-inch rebar; 11. 547'33'25"E a distance of 228.36 feet; 12, 554'34'1(Y E a distance of 104.95 feet; 13, S59°5247"E a distance of 94.86 feet, 14. S65"32'37"E a distance of 460.70 feet to a point on the southerly line of said Northeast 1f4, Thence leaving said line and following said southerly line,589'5756" a distance of 2,210.61 feet to the POINT OF BEGINNING. Said parcel contains a total of 31.272 acres, more or less. Attached hereto is Exhibit B and by this reference is horuby made a part of. FIST L, ip ENGINEERS ( SURVEYORS I PLANNERS City of Meridian I Department Report VII. Exhibits ogepl 'hluno:) epV'ue!pua JO I! "1+V8 '3TU `NEl I j0 T IT u011aas jo p/T Isea4VcN a►4110 Z/L H in os a H I p uo!:wod v :133HS Qh$-S7 �1?3N�d uoisiAipgn -i-jej ad tr�7�lllc�y 31V4 wo7�tlp�uxu� Sld QI auazaU -9 I!9 qx3 s isosFauo�w SIM OHVQI-Mla AVM AVY Q95I9 HIVOW 5241 9 N Id 3 IN F ') N 3 LLEJ-P7j BAWD Isnocl .s m c� y a - �_-- o ;;[C5 d d V1 r cA m F7 z Z� ii g LO m ,e w .rajMMAA0 � en L vi o Va a 0iH # N it V) ry L LL of Alwno a rD +I o (D n CID c IN z m p CO W �q rn i.. � LL c 0 0 zcrm LO Lnivraw ty P) Q o � u as P+ ft J1, v CL ) W fw Mj u7 W CA Q CC m ao � r di Lf3 1nrn ❑ z IG c V 95l l L 3„L4,B''.00N uoisInipgn5 aaeA xadV pasodc)Jd City of Meridian I Department Report VII. Exhibits E. Preliminary Plat(date: 5/l/2024)&Phasing Plan e� I x h= 3 �S om 4d� W� a I ;zZH °a a :5~mZoo_ gg"€€ I � � !' 'a 54 I � a "o zLL< ------ CC p I G W� x a I„•,- a � � a 9 , g@ tg.gg SE " City of Meridian Department Report VII. Exhibits ;Ir �4�1111,.Ll gig 2f Av "A 14 1 j A,11AK),"Y .......... 4 A 1 — L 41's 111m IM City of Meridian Department Report V11. Exhibits E a ,6 PA lli BBB �� g4 � 9 Sv�e •' r. B �� �- - wig w--�—_�_�'. ._'•'Y;;,^ .X( '','•' k � °e`�t-��, _4'kdS Cq�04: 9 Og=CS QO :Dg� :� : ' ! "' c-A a O� � I R mn mm ::o ,nw mm• .. � �. w.: :,e-: 3 1 '� s _ �� A j s �l � �_�'--- - ua:,,. �f--- a•g�� � fir;• w '1cglo tl04gogcgo�tl���ul �� ©go�4�ge �I s a W 8 8 4 Tq x�'n W— gjl z Da 61 11c, R ell City of Meridian Department Report VII. Exhibits 9® aP 9 x ❑ x ya3} ■ e Y .y Q 404 C ■ ,a. Iq 1 Icq (01 al - - — j 'i1�6 Q"4�OS�-, = •� ,� & .q +*xi I ,p ®. °�: n btt �"° _ ?� al 91 el i l A ' - i a C7 City of Meridian Department Report VII. Exhibits lf � sF r S x x N Z �o ! � Y • rg jg T -N" " m�' :off � y ` ....G a � =I•$ G�j � '� �«. ,� � ice, � ,"�.. S a (=j-1 aoae C Ql *w Im.. n�. m.. inn �tl •• xx m+. m.. ma x.. x� 8 C)} $ 8 R Z -- - 1 City of Meridian Department Report VII. Exhibits Nlvml15a I4 o l 0 -• `\rT mN Q Y 1 �•_�_----�"� ... � IDS"' '�n as ic ej cl a R 44 MA-"� " 01 � '21 ' 61 SS Ad y.. -- --- --- L --- —� r"=--_ ---- - --_--- _ dd 133H5 335-3NIl HJ1tlW City of Meridian Department Report VII. Exhibits 9 � Ia 12 vF a 2 O t O O Gqr�j N 24 =H Q I — fr' R al __J PR •' L•♦ I 1 -.� [r.�- rw�[ µw xr< ,ao� n[[ ma Ao[: wr��: rir .wn ss`[ .retie , —o— Tlo—, •I � _ _I yH I I I TT---T----T---T—T- - - - I I I I I I I City of Meridian Department Report VII. Exhibits a711 iY Yrr�_ . ''_RARRNYI •nrrrr�i I ���� uJIV OF! RR:: ..15-5 i111RRRR11��1R11M�Y ��,� � °Q- o VIM Offilli r ��rrll'r1111�r11 5;r� � �f♦111_ � 1� � .0 " = 1111111111 Illlilllli 0 i11��YrY�YMYYY I 0 IIIIRM.Ih�YYr�M,plw - �Mr.rr■..rr LAW :A MISMI 0 .111 rr�= Hill M "�1111■1�1'11�111���� �. ..�0 ��o � F. Common Driveway Exhibits 9-zS.L71,009 =G | 2g2,mQNOMO �� ■ y' � \} n mlNcisw �ra� m 2 em, x■ / §§ � _ « � 6 .eel ®MI \®) _ �--/\- -----\- ._��-� •- r- \ VIM� /@ >m. i w / }e._ ` » b E 12 of `0 � � • « �\« + : - : _ � � —51� F., S��__. � / - — JSIDE . u r ±}I; §}|i 2 E i PRESSURE_m> .&J 3 \r °rm °601; Ou S );prat }' \ ' g/ § S -zk \ T City of Meridian Department Rep o4 y#. Exhibits OZ-SG SiOl L)U019 21 p * K S1191HXI]AIM0NQWWQ? : !oh R m .0 W€ pr w E oHvai'Nviala3A �g o NOISIlU09f15 l 1V11c3dV Z a � aa �¢�� * 1. z 0 9-1 • �FY ZZ�JQ W W 2 ! I ! w - — — --- --- -- Jd 9v LL�aeo s� .s� a .ate•-I s .s =o I I s m� = ;6377 � p4 z4m Isl I be �:. CoM 2d v I a AWE is " d S.TRANSCENDAVE, � zo SIDE I O 3 MOM- �� ������� � �I ! a I � �2 .n l J ^o 2 9� ��oa a zo U m% h is L0 o �oHc� I JI I Le I w PRES BE i i o' �ASEMENT ToERMINE6 T RNAL PLAT City of Meridian I Department Report VII. Exhibits �N� N SE-bE ? 51I8IH](3 3AI130 NOWWp:) 6 �. mRCP w �Y bHV(31'NVIO183W ?g NOISIAlaons mmvA X3dtl z 3 =Y 2 L 1 p' PRESSURE IRRIGAMON BE EASEMENT TO DETERMINED AT FINAL PLAT — — I smET � i o s t Ol _ 000No� z=� "ion 1 Sw �m���a p�pZao Zz L1 SIDE— y� E.SkYSORN DR. IsI � srDE� 1 I ,� y a•s e.. I I � ❑t 926 m� I 6 , - I SIDE I� � I s si SIDE '- 12' ® AL307, 9� 0 a -1 SIDE S s tj tj m m z m o 3w O smE� .❑—. L N s� m a r3,t a 12 O N p o�NO O II m J I —L---� sIDE-------- O ------- RL — — ----- PIP, PI PI R PI PI PI R ------------ pW am4 z� lGGn]]��4 � o a City of Meridian Department Report VII. Exhibits .,.,, 99-E9 Sl rzu,udl Zi�OdlB ?#�� � � O * r � 51191HM 3RI21O NOWWO3 W A R Ln �o v IF w o¢ OHtlO1`NVl(llH3WCL 101 fm \ �d— •i� — r ,2 ll :n 4: Ld It � X 12 m 10 ❑ow =3Ne CCc 20' m yoc�wa� U cD'a oo� �,V�P M.P M.P A�8 Alo A�8 r S.EXALTED AVE. City of Meridian Department Report VII. Exhibits N 9L-TL SlOI ZT 117019S1191H7C3 3AWO NaW Wp� RIP w o¢ tjOHVal'NVICIIH3WY„ NOISIAMOCISId"d X3dtl I I 1 f I P, do e SIDE u0 2 �w0 IaI 2 ® lVld lVNIJ 1V IsI ,� 0 All 030NIIYN3 35V3 SIDE- Vf NOI1V;llbal o� aanss3ad 12 O 10 20' + _ N I IF Q II o I IsI — sD' +y z y g 1 1 z' l _ 1 6 s r zw� Ooa Sad 12' Of "� P,` '.• � n IsI °' � / \ .�� •/ °� m� T ul - a L —ia a id SIDE *NOT APPROVED—Requires approval of alternative compliance for proposed design with four(41 lots on one side of the drive. City of Meridian I Department Report VII. Exhibits V pfH�A.ry 01-L S10191)Bale =i a o * . 6 SlISIHXJ 3Rn10 NOWlNO3 W A R . �, ` d aHdal'Ndlalaaw v a =o NOISInluens Huvi X3dtl � Ll� cd "ryn 1 � I I I Isl Wks I I yx v�io^ �� Sasso 14 I C]_Wm � I I PRESSURE IRRIGATION '3Atl a31W3ad'S / O EASEMENT TO BE ss ASEMENHED AT FINAL PLAT 1 y, 3AW11 az 510E NOWW07 mod � of o+ I of r mNw 5 I-�.S S Y a ova I� mz ao� is a l O= II �WF am4 �OpgJ o��3a City of Meridian Department Report VII. Exhibits G. Private Street Areas and 2 An X. IL al OR el X. el x \" O A� G �� 9 a, = .; B R - ---• r-------- --- -- .TY: . . ...i. J ; ti --- - - ----- I`--- eesmoo.--- - --�- r�rrr�rr rr r�rrrr��r';°�rrr:r �r fl 4'�dd133H5335-3NIl H�17W City of Meridian I Department Report VII. Exhibits ar a } g 2 o r, o o_g m q ' y5� LLSf z I , I I- 1 r_• 1 1 m CA 2 [ a L - '- - 1 •1� IIILLL i LI / • Y I � I — I II I II I I I � i II II F I I , I � � - I L_.= I T�T" -11- � ---- I I 1iy City of Meridian Department Report VII. Exhibits e®®®A©o®0®0®®®®©ease®0a©aa00000oo©00a pOpp901100101® : 00000ao - OBBA000®G®0@AA®00AA9mA909AA©00000A09®: - �11111100000000900011111111111111011 � - • ��000000000000000000000c000000000000 �00000 01111111 �100910AIA1� _ ®©mm®�mmmmmmmmm■ommmmam®■moommmmmmmmmmmmmmmmammm© oaoe©�meeeeeeem0oemmmoe®�eoom000vveeeeeemmeoammo® - .."®®©oOOCOCOC000000A9AG00©00®■OBAGI�0�C99�C9A�0000 - ®0000000000�000■■0���®0®■■■■0�000000000ammmo0mmm= . d P?z. �`e � �,�� � `��.•Illllllgl� Wo WE w w T . =p gaa @W iWE _ . .F .p; 5 4 § a @ o❑ @Cgp 6 44 @ii M� s � i•� @eA�' b§ ��. 3- �`s�e ii5-§#� ���'3' � S� 5 ; �5 3 F GHi i CXDO _ 0 � e ° p .Y_ Epe e 4k4 9 g g 1 l r� �T � I 1p 8 w OODO ;I E ® o a o ... L C }; :• N 0 0 0 o P o a o 0 o P o o w y =r a j- do '♦I City of Meridian Department Report VII. Exhibits F9=°��S �g�F�Y�"�` �$�3��xy�y�ya� dFa•t"�5��$ ��$a��� i � ? �• 6 4 i x e£ $5i §g69sge7ace3:9=�,: '3.3`31�9. g� 3?4a53 p b Oz uj OE 91. go fox I s � gd v�0a 1 Opo pp �s y2 w g I � � Q od i- � a rbk e ® ® 4 � W 'fF fit• �� ° � ' LU a� City of Meridian Department Report VII. Exhibits �r � �59@ 1�5 1 1. @ k � e£�§ �G!�� 1@i ? k p H J oz s ; � 4 � � � •f I I �53 8 - - -- - 1 /' 19 G w I.1 �'AI' r"• a m ® aoY� oa ® ol �x W '�� ® 4 m � 1 a t,' u O I � a �Tb C ` r I YB7 �►� r I has J ' I LLJ City of Meridian Department Report VII. Exhibits Fencing Plan: o � y=n a� Opp aa� 5.. xis S� S r i i / s / � q I C CD III m _ € a O VT Q� I W V a W F ® J ® Z W pDoo ac m DOm UCaU 3 City of Meridian Department Report VII. Exhibits ae I 41 s Ii ia0 �i #R o e 7 8 o z 5 O i �E y A 9 6 g IN W �! ya n -F- w e� yaa " F Nk y a � a z n, o 0 o_ xy 0 Ll � w ee @ Xc ❑ r-1 v o o City of Meridian Department Report VII. Exhibits i • } V � � � V I 0 • r6 { I m C UO 1 I • � aoi aoi aoi - I �� -�� ,gip' 000 W II k. °g V :� 11 C W I O LL Sq L z a W �J= o W d01 d01 dUl �: O 4- cz tao • o 3 e� aoi dai ce, � F E v W lLn Ia b,Q) LL - - - - \ N O sr \ V N L O � Q O cn C)A rr v °J L � w � V V �O • p 3f — C C L V � � r J City of Meridian Department Report VII. Exhibits ®m0ommemommmememmmm000cmom0am0ammam0ommmm��moo -�00 OIIIIII� g=�� � �� � i1111111111111i iI�11NI111 i� 'l.11llllllllllli��Illllm I�� ;•�.�_, ;11111 IIIIIII 1111111 1. :==I=�1�, �� EIIIII�Mr11 II � ! i�3 A MINOR oil JS 1 ..iD1.tidy t°7�:_W❑W�_:�. a.7 �p.0 J. Pathway Exhibit i � � a O : Y3 f � � W P� 4t 5 City of Meridian Department Report VII. Exhibits 1 i • i 1 • � i ' T�F4 ■* R r -- dA' ■ o � " 'SIN: �IAI�w. � _ V I 11: �Ali•17 y ■ w Er i ILI PIRO 111111 . � ww m� mm 111111 = �11111, �mm IIIIf f11Ri11 ^ 1 ■Illllll a� mm 11111�AIIIII "` Ip 11 u -- am rrCl�r , A Edo-ill ME IIM111lIl4 111111AAIIMAAiA 111 ; lIA111111111`�`Illf:fly_ .+ -- +L �'a III■; - ir may. - 6i - I I i Z /S 1 E "�. "so L. Conceptual Building Elevations for Residential Units fill 31 mom los oil loss _ ■■■n 'ter, am .w P City of Meridian Department Report VII. Exhibits J. Buffer Proposed on R-15 Zoned Property in Block 23 as Presented by the Applicant at the Council Hearing i Paired Residential fL 450 SO FT BACK ' 350 SO FT A SIDE YARD _ YARD(10'X$ YLANDSCAPE `STRIP E: JJJ x ' E t D DRIVEWAY ' F AUEY y? G� APEkFARR =1-L- - BLOCK23 Looking North 1 -1 APEX FARR City of Meridian Department Report VII. Exhibits Looking West a _ jQ fir if 4. Al I F � F Al EX BLOCK 23 A Looking South i � � •� � 11. �r APEX FARR BLOCK 23 City of Meridian Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law and Decision and Order for Denial for Blayden Subdivision (H-2023-0043) by Bailey Engineering, located at the south side of W. Chinden Blvd. and west side of N. Black Cat 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 and Zoning of 38.58-acres of Land with R-8(5.90),R- 15 (1.83-acres),R-40(16.71-acres) and C-G(14.15-acres)Zoning Districts; Conditional Use Permit for a Multi-family Development Consisting of 312 Apartment Units on 16.70-acres of Land in the R-40 Zoning District; and Preliminary Plat Consisting of Fifteen(15)Building Lots, Seven(7) Common Lots,One(1)Drive/Parking Lot and Three(3)Other Holding Area Lots for Future Development on 35.29-acres of Land in the R-8,R-15,R-40 and C-G Zoning Districts for Blayden Subdivision,by Bailey Engineering. Case No(s).H-2023-0043 For the City Council Hearing Dates of: September 17 and October 8,2024 (Findings on October 22, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 8,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 8, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 8,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 8,2024,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLAYDEN SUBDIVISION-AZ,PP,CUP H-2023-0043 - I - 6. That the City has granted an order of denial 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. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning,preliminary plat and conditional use permit is hereby denied per the Findings in the Staff Report for the hearing date of October 8,2024, attached as Exhibit A. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 8, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLAYDEN SUBDIVISION-AZ,PP,CUP H-2023-0043 -2- By action of the City Council at its regular meeting held on the 22nd day of October 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 COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-22-2024 Attest: Chris Johnson 10-22-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 10-22-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLAYDEN SUBDIVISION-AZ,PP,CUP H-2023-0043 -3- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT 1 ! H Q HEARING October 8,2024 Legend DATE: Continued from:September 17, 2024 - .f p ��PFaject Lacs fiar. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner --- 208-884-5533 SUBJECT: Blayden Subdivision—AZ,PP,CUP H-2023-0043 LOCATION: South side of W. Chinden Blvd. and west �" Y - side of N. Black Cat Rd. in the NE 1/4 of •' Section 28,TAN.,R.1 W. t�lfll�fl '- I. PROJECT DESCRIPTION The Applicant has submitted the following applications: • Annexation(AZ)of 38.58-acres of land with R-8 (5.90),R-15 (1.83-acres),R-40 (16.71-acres)and C-G(14.15-acres)zoning districts; • Conditional Use Permit(CUP) for a multi-family development consisting of 312 dwelling units on 16.70-acres of land in the R-40 zoning district; and • Preliminary Plat(PP) consisting of 15 building lots(1 multi-family lot for 312 apartment units, 10 townhouse lots and 4 commercial lots),7 common lots, 1 drive/parking lot and 3 other holding area lots(1 commercial and 2 single-family residential lots)for future development on 35.29-acres of land in the R-8,R-15,R-40 and C-G zoning districts for Blayden Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 38.58-acres AZ(to section line of W.Chinden Blvd.&N.Black Cat Rd.); 16.70-acres CUP; 35.29-acres PP Future Land Use Designation Mixed Use—Regional(MU-R)&Medium Density Residential(MDR) Existing Land Use Rural residential,agriculture Proposed Land Use(s) Residential&commercial Current Zoning — Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential)(5.90-acres);R-15 (Medium High-density Residential)(1.83-acres),R-40(High-density Residential)(16.7 1-acres)& General Retail and Service Commercial(C-G)(14.15-acres) Page 1 [Type here] Lots(#and type;bldg/common) 15 building,7 common, 1 drive/parking lot,and 3 other lots for future development Phasing plan(#of phases) Number of Residential Units(type 312 apartment units, 10 townhome units (+future units from the 2 single-family of units) residential lots for future re-subdivision) Density(gross&net) 17.38 units/acre(gross)overall in residential areas(i.e.apartments&townhome areas—does not include future residential redevelopment&commercial areas) Open Space(acres,total [%]/ R-15 (townhomes): 0.28-acre(or 15.2%) buffer/qualified) R-40(multi-family): 3.55 acres Amenities Clubhouse,swimming pool,covered bike storage,tot lot,dog park, community gardens&shelters,picnic areas,walking trails/pathways Physical Features(waterways, There is an open irrigation ditch along the eastern portion of the northern hazards,flood plain,hillside) boundary of the site along W. Chinden Blvd. Neighborhood meeting date 6/21/23,3/28/24,4/11/24 History(previous approvals) ROS#3215,#7002 and#10365;Lot 1,Block 1,Compton's Subdivision No. 1; Lot 2,Comptons Subdivision No.2;Lots 3-8 Block 1,Luhr Subdivision 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(CR Engineering) • Level of Service(LOS) Chinden Blvd./US 20-26:NA(ITD facility) Black Cat Rd.: Better than"B" • Trip Generation(estimate) -,�7,809 additional vehicle trips/day(4 7 existing); 506 additional 490 vehicle trips/hour in the AM peak hour and 641 vehicle trips per hour in the PM peak hour based on the TIS. • Existing Conditions • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden Boulevard(US 20/26)between 2036 and 2040. • The intersection of Black Cat Road and Chinden Boulevard(US 20/26)is listed in the CIP to be reconstructed or widened and signalized between 2036 and 2040. • The intersection of Black Cat Road and McMillan Road is listed in the IFYWP to be constructed as a multi-lane roundabout with 2-lanes on the north leg,2-lanes on the south,1-lanes east, and 1-lanes on the west leg with a 2021-2022 design year,a 2027 right-of-way acquisition year,and a construction in 2028. Access(Arterial/Collectors/State There are(4)existing driveways via Chinden Blvd.,a state highway; (3) Hwy/Local)(Existing and existing driveways via N.Black Cat Rd.,an arterial street;and(2)existing Proposed) driveways via W.Larry Ln.,a local street. Proposed/Required Road Black Cat will be improved&widened as part of a future ACHD project. Improvements ACHD is requiring a southbound right-turn lane on Black Cat Rd. at the Ramblin Dr./Black Cat Rd. intersection when Ramblin is constructed to intersect Black Cat based on the TIS. Page 2 [Type here] Ramblin Dr.will be constructed as a 36' wide collector street section with curb,gutter&either a 7'wide attached sidewalk or 5'wide detached sidewalk Fire Service • Distance to Fire Station 2.5 miles from Station#5 • Fire Response Time Don't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 8 1%(does meet targeted goal of 80%or greater) • Risk Identification 1 (current resources are adequate) • Accessibility Meets all required access,road widths and turnarounds. • Special/resource needs Will require an aerial device; can meet this need. • Water Supply 2,500 gallons per minute for 2 hours • Other Resources Police Service No comments were received West Ada School District • #of students generated from 68 Enrollment Capacity this development Pleasant View Elementary School 679 650 • Capacity of Schools Star Middle School 951 1000 • #of students enrolled Owyhee High School 1774 1800 Wastewater • Distance to Sewer Services_ Directly adjacent in Black Cat Rd. • 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 Available at site • Pressure Zone One • 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 Page 3 [Type here] C. Project Maps Future Land Use Map Aerial Map Legend i � fLegend leiPraje-r-t Lccv-fian I I Pro�eci Lflc a o� NUxe " Into nj M ti I�AIJ= � R 0 K e a IL Me ium,Den igm�'I iV Zoning Map Planned Development Map Legend 0 Legend �R R= tf Praje�ot Laca liar Prc je c- Loc a=or R- +_i Crfyurn S~R-� — Planned Parcels C-C C-N - E 11 D 4 RUT 411 R-8 R-4- iRUT R-4 +• .. R T R- ®fix A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St., Ste. 210,Eagle,ID 83616 B. Owners: Open Door Rentals, LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Shawn Brownlee,Trilogy Development—9839 W. Cable Car St., Ste. 101,Boise,ID 83709 III. NOTICING Planning& Zoning City Council Page 4 [Type here] Posting Date Posting Date Newspaper notification published in newspaper 7/2/2024 9/1/2024 Radius notification mailed to property owners within 300 feet 6/25/2024 8/30/2024 Public hearing notice sign posted 7/1/2024 9/20/2024 on site Nextdoor posting 6/17/2024 8/27/2024 IV. COMPREHENSIVE PLAN ANALYSIS Note: This application was originally submitted in August 2023,prior to the Comprehensive Plan update in March 2024. Therefore, the guidelines in the previous version of the Plan apply to development of this site. LAND USE: The northern 25 acres of the subject property is designated as Mixed Use—Regional (MU-R) and the southern 10 acres is designated Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The Applicant requests to be allowed to use the abutting MU-R FLUM designation on 50% of the MDR designated area as allowed for in the Comprehensive Plan when determined appropriate and approved as part of a public hearing with a land development application(see pg.3-11 for more information). The Applicant believes this extension of the MU-R designation on 5-of the 10-acres of MDR designated land will allow for an ideal and suitable mix of commercial near major transportation arterials. The purpose of the MDR designation is to allow for dwelling units at gross densities of three(3)to eight(8) dwelling units per acre. The purpose of the MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. 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 in Figure 3D in the Comprehensive Plan below. Page 5 [Type here] FIGURE 31): Nfi=USE REGIONAL CONCEPT DIAGRAM Single Family Residential Office or Hospitality Retail or Service the o Loal or Collector oad Residential Office Park! ��° a�� o or Office Headquarters 33 4 �� Q _ vv Integrated 4 Plaza Area 0 - � , izxx � D is 4 4 a Arterial Road Although the proposed development plan incorporates the mix of uses desired in MU-R areas,the site isn't designed in accord with the concept diagram shown above.Multi-family residential and some office uses(instead of retail or service uses) are proposed directly adjacent to US 20-26 and Black Cat Rd.,both arterial streets,rather than off a local or collector road.The mid-box retail building is planned in back of the office park away from the arterial street(Black Cat) off the collector street (Ramblin) and across the street from planned single-family residential uses—if the mid-box retail building and office uses switched spots it would create better visibility for the retail use and a better transition in uses if office were provided next to single-family residential uses—at a minimum, Staff recommends this change to the plans.Lastly, Staff recommends the plaza area planned along the south side of the collector street in the holding area is relocated to the south to better integrate with the commercial/office park and to be more accessible for the users in that area. Overall,it's Staffs opinion the uses are"swapped"from what they should be per the concept diagram above. Staff discussed with the Applicant during the initial pre-application meetings relocating the residential uses to the south and west away from Chinden&Black Cat with commercial uses along these transportation corridors instead, consistent with the MU-R concept diagram above and for better air quality for residents; however,the Applicant declined to do so. Staff acknowledges some of the difficulties in doing so include the configuration of the site,the location of the collector street though the site, and not having control of the land at the northeast corner of the development area. The City Council should determine if it's in the best interest of the City to approve annexation of the property at this time with the proposed development plan or request a re-design to be more consistent with the MU-R concept diagram above. In reviewing development applications,the following items will be considered in all Mixed-Use areas per the Comprehensive Plan(pg.3-15): Staff analysis in italics • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed project includes a mix of three different land use types—residential, office and commercial(includes retail, restaurants, etc). Page 6 [Type here] • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The project is adjacent to US 20126 and employment uses (i.e. office, retail, etc.)are proposed. The office and retail uses proposed north of Ramblin Dr. are of a smaller scale, while a mix-box retail store and an office park are proposed on the conceptual development plan to the south of Ramblin, which has the potential to serve as an employment destination center. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed- Use designation." A site plan was submitted for the residential and commercial areas north of Ramblin Dr. and a conceptual development plan was submitted for the area south of Ramblin with the annexation request as shown below in Sections VII.B and D.A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." The development plans depict a plaza area with amenities on the west edge of the office/retail area and a central open space with outdoor seating to the east on the north side of Ramblin Dr. and another plaza area on the south side of Ramblin. Staff recommends the plaza area on the south side is relocated in a more central location for the future office park away from the collector street for better integration and access;the concept plan should be revised prior to the Council hearing to reflect this change. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The only existing residential uses are those at the northwest corner of the cul-de-sac and on the south side of W. Larry Ln.;single-family residential uses are proposed as a transition to these homes. • "Community-serving facilities such as hospitals,clinics,churches, schools,parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the commercial and office areas are unknown at this time.A hospital and medical offices are planned off-site in the MU-R designated area to the west; another hospital and medical offices is planned across Chinden Blvd. to the north.Although not in the MU-R designation, the West Ada School District owns the land at the southwest corner of this development where a middle school is planned. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas,open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count." As noted above, a couple ofplazas are proposed along with an open space area with outdoor seating as depicted on the site plan and conceptual development plan in Sections VII.B and D below. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." Page 7 [Type here] Although plazas and open space for outdoor seating are proposed in the non-residential portions of the development, it doesn't appear they'll be "centers of activity"and may not be activated with permanent design elements and amenities as desired. These areas must be strategically integrated into the overall development, interconnected with meaningful points of interest,prioritize pedestrian infrastructure, be highly visible and accessible, and designed to enhance both the adjacent uses and larger mixed-use area. To ensure consistency,Staff recommends details of these areas are submitted prior to the Council hearing to demonstrate compliance with these guidelines. In the multi family residential portion of the development, the main common areas with amenities (i.e. dog park, clubhouse. swimming pool& tot lot)are located on the perimeter of the development between an internal private street and the collector street(Ramblin) and not integrated into the development. Staff recommends these common areas are relocated to a more central location within the development accessible by pathways for convenient access and for more visibility of these areas from the multi family units in accord with open space& CPTED(Crime Prevention through Environmental Design)standards—the site plan should be revised accordingly prior to the City Council hearing. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." Pedestrian and vehicular connectivity is proposed between the multi family and office/retail portions of the development on the north side of Ramblin; and a local street with an attached sidewalk provides connectivity between the future residential and commercial(mid-box retail&office park) uses on the south side of Ramblin. Walkways should be provided within the future commercial area on the south side of Ramblin from perimeter sidewalks with development of that area. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A private street with parking is proposed in the multi family portion of the development as a transition to the office uses to the east, north of Ramblin. A local street is proposed as a transition to commercial uses to the east, south of Ramblin. • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas per the Comprehensive Plan(pgs.3-18 thru 3-19): Staffs analysis in italics • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Stafffinds the proposed project generally complies with the general guidelines for development in all Mixed-Use areas as noted above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. Residential uses comprise over 10%of the development area at 5I.5%of the site at a gross density of 17.83 units/acre on the multi family and townhome portions of the development as desired. Non- Page 8 [Type here] retail uses such as a coffee shop and offices are proposed. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail/commercial uses comprise less than 50%of the development area at approximately 48.5%, as desired. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue,and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed on this site and the retail development area is below the allowed 50%. The mix of uses proposed will provide employment and shopping opportunities for residents in the northern portion of the City and the coffee shop will provide a neighborhood and community service. To ensure this development has a regional draw and includes a mix of employment and retail uses as well as residential uses as intended in MU-R designated areas, Staff recommends a development agreement that requires future development to be generally consistent with the site plan shown on the plat and the conceptual development plan for the holding area in Section VII.D and/or as modified by City Council. 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 development, although predominantly multi family residential, will provide a mix of housing types consisting of multi family apartments, townhomes and single-family residential, which should contribute to the variety of housing options in this area and within the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01A) The commercial portion of the development north of Ramblin is required to provide a 25'wide buffer to residential uses along the western boundary adjacent to the proposed multi family Page 9 [Type here] apartments and at the northeast corner adjacent to the existing residential property(Sexton Parcel #S0428111201). The proposed single-family residential uses south of Ramblin along the west and south boundaries of the site will provide a transition to adjacent existing residential uses. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential uses south of Ramblin will be compatible with existing single- family residential uses to the west and south of this development.As discussed above, Staff is of the opinion office uses and associated L-O zoning would be more appropriate than a mid-box retail store and C-G zoning as a transition to planned single-family residential uses along the west boundary of the site south of Ramblin. A 25'wide buffer to residential uses is required on C-G zoned property, which should assist in minimizing conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities,irrespective of existing development."(2.02.02C) Development of the subject infill property should not negatively impact abutting existing development due to the transition in uses proposed and required buffers to adjoining land uses. (This development is not downtown) • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Pedestrian walkways are proposed along all streets and throughout the development for access; pedestrian connectivity should also be provided within the future development area south of Ramblin for neighborhood connectivity. There are no pedestrian pathway stubs to this property from adjacent developments. • "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, use of the existing wells and septic systems on properties annexed into the City should cease and be abandoned. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) There are (4) existing driveways via Chinden Blvd., a state highway; (3) existing driveways via N. Black Cat Rd., an arterial street; and(2) existing driveways via W. Larry Ln., a local street. With development, these access driveways will be closed and access will be provided via W. Ramblin Dr., Page 10 [Type here] a collector street and in the future by a local street via Larry Ln. when redevelopment of that area occurs in the future. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. TRANSPORTATION: The Master Street Map(MSM)depicts an east/west residential collector street through the site. The eastern approximate 1/4 mile section will be constructed with this development. The developer is required to provide a road trust deposit with ACED for half the cost of extension of Ramblin Dr. along the site's south property line to the west through the WASD property. Chinden Blvd./US 20-26, a state highway and principal arterial street,was recently widened to 5-lanes along the northern boundary of the site and will ultimately be widened to 7-lanes at some point in the future when traffic warrants the expansion.North Black Cat Rd., designated as a residential arterial street, is a 2-lane roadway along the eastern boundary of this site;no improvements are funded or planned. Black Cat Rd. is listed in the CIP to be widened to 5-lanes from McMillan Rd.to Chinden Blvd./US 20-26 between 2036 and 2040. Transit services are not available to serve this site. V. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 38.58-acres of land with R-8 (Medium-density Residential) (5.90- acres),R-15 (Medium High-density Residential) (1.83-acres),R-40 (High-density Residential) (16.71- acres)and C-G(General Retail and Service Commercial) (14.15-acres)zoning districts for the development of apartments(multi-family),townhomes, office,retail and restaurant(coffee shop)uses. All of the property included in the annexation area is included in the boundary of the proposed preliminary plat. A concept plan is depicted on the plat below in Section VII.B for the area north of the collector street(i.e.W. Ramblin Dr.) and another concept plan is included in Section VII.D for the holding area south of Ramblin,which is not proposed to develop at this time. As discussed above in Section IV, some changes to the development plan are requested by Staff while others are suggested for consideration by Council. Conceptual perspective drawings were submitted for the multi-family portion of the development with views from Chinden Blvd., included below in Section VII.G. The conceptual development plan for the area north of Ramblin depicts a 312-unit multi-family development with open space areas and off-street parking on the western portion of the site; 10 townhomes; and a mix of single-story commercial uses on the eastern portion of the site consisting of office,retail/office and storefront buildings ranging in size from 2,760 to 7500 square feet(s.£)with a restaurant(i.e.coffee shop), open space/gathering areas and associated off-street parking. The conceptual plan for the holding area south of Ramblin depicts mid-box retail and office park uses with single-family residential along the west and south boundaries of the development. The restaurant(i.e. coffee shop)with a drive-through will require approval of a conditional use permit in accord with the standards listed in UDC 11-4-3-11 —Drive-through Establishment. At the request of Staff, a concept plan was included on the preliminary plat for the out-parcel at the northeast corner of the site,which demonstrates how the site may develop with a mix-box retail store and retail/office uses with access provided from this development(see Section VII.B). As noted above in Section IV,the gross density of the multi-family and townhome portions of the development is 17.38 units/acre,which is consistent with the density desired in MU-R designated areas in the Comprehensive Plan. The single-family residential uses planned in the R-8 district in the Page I I [Type here] holding area should have a gross density between 3 and 8 units/acre consistent with the Medium Density Residential designation in the Comprehensive Plan. A multi-family development requires conditional use permit approval in the R-40 zoning district, townhouse dwellings are a principal permitted use in the R-15 zoning district,and single-family attached and detached dwellings are a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Professional services (i.e. offices),retail and restaurant(i.e. coffee shop)uses are all principal permitted in the C-G zoning district per UDC Table 11-2B-2. The proposed lots and future development are subject to the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district, 11-2A-7 for the R-15 district, 11-2A-8 for the R-40 district and 11-2B-3 for the C-G district. The C-G district allows the largest scale and broadest mix of retail,office and service uses and is typically located in close proximity and/or with access to interstate or arterial intersections. It allows building heights up to 65 feet with some exceptions as noted in UDC 11-213-3A.3. Staff has concerns with C-G zoning on all of the commercial area south of Ramblin with no square footages, elevations or other details provided on the concept plan. Staff is amenable to C-G zoning for the mid-box retail building if it's relocated to the east along Black Cat Rd.but recommends the remainder of the commercial area(i.e. office park) south of Ramblin is zoned L-O.The L-O district more accurately reflects the intended use(i.e. office),which is allowed as a principle permitted use in the district with a maximum building height up to 35 feet,consistent with the height allowed in the adjacent proposed R-8 zoning district.The L-O zoning will provide a better transition to residential uses and be more neighborhood friendly with limited business hours of operation. Staff recommends the legal descriptions and associated exhibit maps for the annexation are revised accordingly prior to the City Council hearing. A 25-foot wide buffer is required in the commercial zoning district to adjoining residential uses with lot development; landscaping is required within the buffer in accord with the standards listed in UDC I I- 3B-9C. There is an existing residential use on the out-parcel(Sexton Parcel#S0428111201) at the northeast corner of this site that will require buffering if the residential use still exists at the time of lot development—this is not currently depicted on the plans and should be reflected on future plans if applicable. There are existing homes and accessory structures on this site that are proposed to be removed. Removal of these structures should take place prior to submittal of the final plat for City Engineer signature for the phase in which they are located. A legal description and exhibit map for the annexation area is included below in Section VII.A of this report. This property is within the City's Area of City Impact boundary. 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 and as recommended herein, and in accord with the Comprehensive Plan, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A.Further, Staff recommends an amendment to the DA is required prior to any development occurring in the holding area to include an updated conceptual development plan and building elevations for that area. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 15 building lots(1 multi-family lot, 10 townhouse lots and 4 commercial lots), 7 common lots, 1 drive/parking lot and 3 holding area lots (1 commercial and 2 single- family residential lots) for future development on 35.29-acres of land in the R-8,R-15,R-40 and C-G zoning districts. Page 12 [Type here] The subdivision is proposed to develop in five (5)phases as shown on the phasing plan below in Section VII.B. The first two phases are the residential portions of the development; the third phase is the commercial(office/retail/storefront),which includes two (2)plaza areas containing outdoor seating for gathering, on the north side of Ramblin Dr.;the fourth phase is the future commercial(i.e. mid-box, office park and plaza)on the south side of Ramblin; and the fifth and final phase is the future single- family residential, also on the south side of Ramblin. In order to ensure some services are available to serve the proposed residents in this area, Staff recommends a change to the phasing plan that swaps Phases 2 and 3; an updated phasing plan should be submitted prior to the City Council hearing. Staff recommends as a development agreement provision the subject property is subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or prior to issuance of any building permits to ensure future development complies with the setback standards of the district and for addressing purposes.The portion of the site south of W.Ramblin Drive,depicted in Section VII.D as a holding area for future redevelopment and as Phases 4 and 5 of the preliminary plat,shall be further subdivided prior to submittal of any Certificate of Zoning Compliance applications and/or issuance of any building permits within that area. Existing Structures/Site Improvements: There are several existing homes and accessory structures on this site that are proposed to be removed. All of the existing homes and accessory structures on the subject property should be removed prior to submittal of the final plat for City Engineer signature on the phase in which they lie Dimensional Standards(UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 district, 11-2A-7 for the R-15 district, 11-2A-8 for the R-40 zoning district,and 11-2B-3 for the C-G district. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including but not limited to those for streets,alleys, driveways, easements and mailbox placement. The proposed plat appears to comply with these standards. A cross-section for the alley should be submitted with the final plat that demonstrates compliance with the standards listed in UDC 11-6C-3B.5. The Applicant should improve Larry Ln.(formerly a private street)to public street standards as required by ACHD. Access: There are(4) existing driveways via Chinden Blvd., a principal arterial and state highway(20- 26); (3) existing driveways via N. Black Cat Rd., an arterial street; and(2) existing driveways via W. Larry Ln., a local street. One(1)public collector street(W. Ramblin Dr.)access is proposed via N. Black Cat Rd. approximately 675' south of Chinden in alignment with W. Ramblin Ct. on the east side of Black Cat. This street will run parallel with Chinden/US 20-26 and eventually connect to N. Rustic Oak Way to the west with development of Prescott Ridge Subdivision and the school. Ramblin Dr. will function as a backage road and provide connectivity and access to all properties fronting the state highway in this area in accord with UDC 11-3H-4B.3. A traffic signal is planned at the Rustic Oak/Chinden intersection for safe access via the state highway. A temporary emergency only access is proposed via Chinden Blvd.;permanent direct access via Chinden Blvd./SH 2O-26 is prohibited. Staff recommends the emergency access is relocated to the west boundary of the site in order to comply with the noise abatement standards in UDC 11-3H-4D.3,which prohibit breaks in the berm/wall; the plans should be revised to reflect this change prior to the City Council hearing. Staff recommends as a provision in the DA,the emergency access driveway via W. Chinden Blvd./SH 2O-26 shall be removed when W. Ramblin Dr. is exended to the west to N. Rustic Oak Dr. and to the east to N. Black Cat Rd.At that time,the berm,wall, landscaping and pathway shall be extended across this area.Permanent direct access via W. Chinden Blvd./SH 2O-26 is prohibited.Four(4)accesses are proposed via the collector street on the north side of Ramblin and three (3)are proposed on the south side of Ramblin. Page 13 [Type here] The UDC (11-3A-3)requires cross-access/ingress-egress easements to be granted to adjoining properties that take direct access to an arterial and/or collector roadway when local street access isn't available,either by recorded easement or as a note on the recorded final plat.Accordingly, a cross-access/ingress-egress easement should be granted to the out-parcel(Parcel#SO428111201) at the northeast corner of this site for future access and interconnectivity. Private streets will be provided for access to the multi-family portion of the development for addressing purposes and must comply with the standards listed in UDC 11-3F-4.An alley is proposed for access to the 10 townhomes that front on Ramblin. A public street(N. Oakstone Ave.)is proposed between Larry Ln. and Ramblin Dr. for access to the future development area.North Willowside Ave. is proposed to stub to the south to the school property and provides access to the alley that serves the townhomes. Landscaping: A 35-foot wide street buffer is required along W. Chinden Blvd./SH 2O-26 and N. Black Cat Rd.,both entryway corridors; and a 20-foot wide street buffer is required along W. Ramblin Dr.,a collector street,measured from ultimate back of curb location. Landscaping is required within the street buffers in accord with the standards listed in UDC 11-3B-7C; enhanced landscape design features are required along entryway corridors—revise plan accordingly.If the unimproved right- of-way(ROW)is 10' or greater from the edge of pavement to edge of sidewalk or property line, the developer is required to maintain a 10' wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC 11-3B-7C.5; revise the plan accordingly and depict the location of the edge of pavement. UDC Table 11-2B-3 requires a 25' wide buffer to residential uses in the C-G district,unless otherwise modified by City Council.Landscaping is required within the buffer in accord with the standards listed in UDC 11-3B-9C for landscape buffers to adjoining uses. The plans depict a 25' wide buffer on the west side of the commercial uses on the north side of Ramblin adjacent to the multi-family development as required; the parking on the back side of the buffer is for the residential development.The landscape plan submitted with the Certificate of Zoning Compliance application for the commercial property should include landscaping in accord with the aforementioned standards. Noise abatement is required for residential uses adjoining state highways consisting of a berm or a berm and wall combination parallel to the state highway in accord with the standards listed in UDC 11-3H-4D. The Applicant proposes a 4-foot tall berm with a concrete retaining wall on the south side of the berm and a 6-foot tall concrete modulated wall on top of the berm along Chinden Blvd. A detail should be submitted with the final plat application that includes the centerline location/elevation of Chinden Blvd.in relation to the berm and wall,and other applicable information that demonstrates compliance with the required standards. The landscape plan depicts a break in the wall midway through the multi-family development where an emergency access is proposed; breaks in the berm/wall will degrade the function and are not allowed—the emergency access should be moved to the west boundary of the site. Landscaping,including trees and bushes,is required along all pathways in accord with the standards listed in UDC 11-3B-12C and should be depicted on the landscape plan submitted with the final plat application.Minimum 5-foot wide landscape strips are required to be provided along each side of the pathway; designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway to prevent root damage(see UDC 11-3B-12C for more information). 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 submitted with the final plat. Page 14 [Type here] Common Open Space& Site Amenities (UDC 11-3G-3): Because the townhome portion of the site is below 5-acres in size, common open space and site amenities are not required per UDC 11-3G-2. However,the Applicant is providing 0.28-acre(or 15.2%)usable open space for that area. Common open space&site amenities are required with the multi family portion of the development with the conditional use permit(see Section V.C below). Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A multi-use pathway is required along the eastern boundary of the site within the street buffer along N. Black Cat Rd. in accord with the Pathways Master Plan and along the northern boundary of the site within the street buffer along Chinden/SH 2O-26 in accord with UDC 11-3H-4C.4, as proposed. A 14- foot wide public pedestrian easement is required for each of the pathways if located outside the adjacent road right-of-way(see Park's Dept. comments in Section VIIIJ). Sidewalks(11-3A-17): The UDC requires minimum 5' wide attached sidewalk along local streets(i.e. N. Willowside Ave.,N. Oakstone Ave. &Larry Ln.); and detached sidewalks along collector streets (i.e. Ramblin Dr.)—for pedestrian safety, Staff recommends 10' wide detached sidewalks are required as proposed along W. Ramblin Dr. as a provision of the development agreement. Parking: Off-street parking is required to be provided for the residential portion of the development based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6; and for the commercial uses as set forth in UDC 11-3C-6B.1.See parking analysis below in Section Cfor the multi- family portion of the development. Waterways: All open waterways, except natural waterways, should be piped or otherwise covered unless used as a water amenity or linear open space as set forth in UDC 11-3A-6B,unless otherwise waived by Council. There is an existing open ditch along the eastern portion of the northern boundary of the site,which is required to piped with development along with any other open waterways,as applicable. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7,as applicable. The landscape plan depicts 6' tall solid vinyl privacy fencing around portions of the perimeter of the development; 5' tall open vision iron fencing around the dog park and clubhouse/swimming pool common areas; and a concrete noise abatement wall/fence along W. Chinden Blvd./SH 2O-26. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC I I-3A-18. A Preliminary Engineeringeport was submitted with this application. Building Elevations: A couple of conceptual building elevations were submitted for the proposed 2- story townhome units, included in Section VII.I below. Building materials consist of a mix of horizontal, vertical and shake siding with stone veneer/brick accents in neutral colors. Conceptual elevations weren't submitted for the commercial structures. The design of the residential and commercial structures is required to comply with the standards in the Architectural Standards Manual(ASM). Single-family detached structures are exempt from these standards. Page 15 [Type here] C. Conditional Use Permit(CUP) A CUP is requested for a multi-family development consisting of 312 apartment units on 16.70-acres of land in the R-40 zoning district as shown on the site plan included below in Section VILE. A mix of 1- (72 units), 2-(180 units)and 3-bedroom(60 units)units are proposed in 16 3-story structures. Three(3) different building floor plans are proposed, as follows: (4)Type A—containing a total of 30 units each; (4)Type B—containing a total of 24 units each; and(8)Type C—containing a total of 12 units each. Dimensional Standards: Future development is required to comply with the minimum dimensional standards of the R-40 zoning district in UDC Table 11-2A-8.Note: UDC 11-4-3-27B.1 requires residential structures to provide a minimum setback of 10'unless a greater setback is otherwise required. Phasing: The multi-family development is proposed to be constructed in two(2)phases with the first two phases of the subdivision. Access: Two (2)driveway accesses are proposed to the site via W. Ramblin Dr.,a collector street,along the southern boundary of the site. Private streets are proposed for internal access and for wayfinding/addressing purposes and should comply with the standards listed in UDC 11-3F-4.Private streets are required to be a minimum 26' in width, as proposed,to meet Fire Dept.requirements for 3- story structures. Pathways: A 10' wide multi-use pathway exists within the street buffer adjacent to W. Chinden Blvd./SH 2O-26 in accord with UDC 11-3H-4C.4, and is proposed along the southern boundary of the site adjacent to W. Ramblin Dr. and along the western perimeter boundary of the site. Internal 5' wide pathways are proposed throughout the site for access to perimeter walkways, internal common open space areas and residential units. Sidewalks: Six-foot wide sidewalks are proposed within the development around buildings. The UDC 11-3C-5B requires sidewalks to be widened an additional 2' from 5' to 7' where parking spaces abut sidewalks and wheel stops aren't provided to prevent overhang—in this case,the length of parking spaces may be reduced 2' from 19' to 17'.Alternatively,wheel stops may be provided in parking spaces to prevent vehicles overhanging beyond the designated parking stall dimensions. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The landscape plan depicts 6' tall solid vinyl privacy fencing around portions of the perimeter of the development; 5' tall open vision iron fencing around the dog park and clubhouse/swimming pool common areas; and a concrete noise abatement wall/fence along W. Chinden Blvd./SH 2O-26. Specific Use Standards(UDC 11-4-3): Multi-family developments are subject to specific use standards as follows: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: `B. Site Design: 1. Residential buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The residential structures comply with the minimum setback standard. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street.All proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosures depicted on the site plan should accommodate recycling. Page 16 [Type here] 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping,entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. The Applicant proposes 82 square foot patios or balconies for each unit in accord with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on(72) 1-bedroom units, (180)2-bedroom units, and(60) 3-bedroom units,a minimum of 679 off-street parking spaces are required, including guest parking(31 spaces)and covered spaces (312). A total of 693 spaces are proposed, including 312 covered carport spaces,which exceeds the minimum standard by 14 spaces. Accessible parking is required in accord with ADA standards; 14 accessible spaces are proposed. Based on 693 vehicle parking spaces provided, a minimum of 28 bicycle parking spaces are required and should meet the location and design standards listed in UDC 11-3C-5C. Fifty-two (52)exterior bicycle parking spaces are proposed,which exceeds the minimum standard by 24 spaces. Three(3)bicycle parking spaces are proposed at each building and four(4) spaces are proposed inside the clubhouse. Staff recommends the parking provided at the clubhouse is exterior and meets the standards in UDC 11-3C-5C.The site plan submitted with the Certificate of Zoning Compliance application should reflect parking accordingly.Note: This parking is in addition to the covered bicycle parking proposed in the clubhouse as an amenity. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel snail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The floor plan for the clubhouse depicts offices and a reception lounge, one of which presumably will be for the property management office,mailboxes, and a maintenance storage area. The site plan submitted with the Certificate of Zoning Compliance application should clearly depict the location of a directory and map of the development for wayfinding purposes. C. Common Open Space Design Requirements(UDC 11-4-3-27C): Page 17 [Type here] The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five (5)acres or more.When multi- family is approved concurrently with single-family,the minimum open space requirements in Section 11-3G-3 shall apply to the gross land area of entire development. All open space is required to meet the standards listed in UDC 11-4-3-27C.2 &4.Based on 16.7-acres of land in the multi- family portion of the development, a minimum of 1.67-acres is required to be provided to meet this requirement. (Note:Because the single-family (i.e. townhome)portion of the development only consists of 10 units and is under 5-acres in size, Staff isn't requiring the entire residential development to meet the common open space standards in UDC 11-3G-3 for single-family developments (i.e. 15%for the R-15 zone). The Applicant is providing 0.28-acre (or 15.201o) usable open space for that area.) In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.None of the units are below 500 square feet(sf.). b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 312 units are between 500 and 1,200 square feet. Therefore, a minimum of 78,000 sf. (or 1.79-acres) of common open space is required to be provided. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area.None of the units exceed 1,200 square feet. All multi-family projects over 20 units are required to provide at least one(1) common grassy area integrated into the site design allowing for general activities by all ages that is a minimum of 5,000 s.f. in area;the area shall increase proportionately as the number of units increase and shall be commensurate to the size of the development as determined by the decision-making body. Where this area cannot be increased due to site constraints,it may be included elsewhere in the development(UDC 11-4-3-27C.3). Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section MY meet this requirement. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units per UDC 11-4-3-27C.7. This project is proposed to develop in two phases; the Applicant should demonstrate compliance with this standard with the Certificate of Zoning Compliance application for the first phase of the multi-family development. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. The common open space proposed for the clubhouse,swimming pool and tot lot, and the dog park are all located between an internal private street and a collector street (Ramblin).As noted above in Section IV, Staff recommends these common areas are relocated internal to the development and are accessible by pathway in accord with open space and CPTED standards for public safety and integration into the development(see UDC 11-4-3- 27C.2). Based on the above standards, a minimum total of 3.46-acres of common open space is required to be provided for the multi family development that meets the standards in UDC 11-4-3-27C.2, 4, 6, 7 Page 18 [Type here] and 9. The Applicant proposes a total of 3.58-acres, which meets and exceeds the minimum standard, consisting of% the street buffer along W. Chinden Blvd. (52-acre); the dog park(0.47- acre); clubhouse, swimming pool&tot lot(0.77-acre); and internal common open space and linear open space areas exceeding 20'x 20'in area (1.82-acres)as shown on the open space exhibit in Section VII.F. The tot lot, at approximately 6,900 sf., meets the requirement for a minimum 5,000 sf common grassy area. Additionally, a 20,681 sf common grassy area is also provided for a dog park, which Staff feels is commensurate with the size of the development. That being said,Staff is recommending relocation of the common open space areas with amenities as noted above,an updated open space exhibit should be submitted that demonstrates compliance with these standards. D. Site Development Amenities: All multi-family developments shall provide for quality of life, open space, and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D.1. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with more than 100 units such as this,the decision-making body shall require additional amenities [i.e.beyond the four(4)required for developments with 75 units or more] commensurate to the size of the proposed development,with at least one (1) from each category(i.e. quality of life,open space,recreation,multi-modal). The following amenities are proposed from each of the following categories: 1) Quality of Life— clubhouse,which includes a fitness facility and dog wash station, and a dog park with waste station; Open Space—(4)community garden areas,plazas and a(5)picnic areas,including tables,benches, landscaping and a shade structure; Recreation—swimming pool, children's play structure/tot lot, walking trails/pathways; and Multi-modal—bicycle repair station and enclosed bicycle storage in the clubhouse. Staff is of the opinion the proposed amenities meet and exceed the standards. See amenity exhibit in Section VII.F. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title.Additionally, all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2,which requires a landscape area at least 3-feet wide planted with one evergreen shrub every three(3)linear feet that has a mature height of 24-inches with ground cover plants in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should be revised to include evergreen shrubs in accord with this standard. Landscaping is required to be provided along all pathways per the standards listed in UDC 11- 313-12C,which require a mix of trees, shrubs,lawn, and/or other vegetative groundcover within 5-foot wide strips on each side of the pathway; the landscape plan should be revised accordingly. Street buffer landscaping is required with development of the subdivision in accord with the standards listed in UDC 11-3B-7C, as noted above in Section V.B. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to,structures,parking,common areas,and other development features." The Applicant shall comply with this requirement,a copy of such shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development. Page 19 [Type here] G. Police access under exigent circumstances.Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system,or suitable alternative,to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department. The Applicant should coordinate with the Police Dept. to ensure compliance with this standard. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations and renderings were submitted for the proposed multi-family structures,included in Section VII.G below. The final design of all structures is required to comply with the design standards in the Architectural Standards Manual and will be reviewed for compliance with these standards with the Design Review application. Compliance with the building code requirements for separation between structures within the development is required. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement,preliminary plat, and conditional use permit with the recommendations noted above in Sections IV and V,with the conditions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on July 18,2024.At the public hearing,the Commission moved to recommend denial of the subject AZ, PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: David Bailey,Bailey En ing eering b. In opposition: Wade Ramsey,Bainbridge Subdivision HOA President; Matt Neukom: Mark Blocovich;Kirsten Chidester; Don Brown; Greg Taylor C. Commenting. None d. Written testimony: Matt&Ashley Neukom and John Bartlett III&Vickie Bartlett; Brooke Neilson; Wade Ramsey,Bainbridge Subdivision HOA President; Stephanie Labastida e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Opposed to the project based on the development requirements in the CC&R's for Compton Sub.No. 2,which require minimum 1-acre lot sizes within the subdivision among other things; b. Opposed to the proposed multi-family development due to over-capacity of area schools and traffic flow in this area not able to accommodate so much housing; c. Concern pertaining to traffic cut-through through Bainbridge Sub. to the commercial uses to the east on Ten Mile Rd.; southbound traffic on Black Cat Rd. &congestion during peak hours—request for a traffic signal or a roundabout to alleviate congestion; concern pertaining to safety of children traveling to the nearby elementary school with construction of sidewalks on this property but no sidewalk along Black Cat Rd. for approximately 500' in between the subject property and the school. The Bainbridge HOA Board,representing its homeowners,opposes this project until infrastructure improvements are made to accommodate the proposed development. d. Opposed to the development due to the negative impacts on the quality of life of residents in the Trilogy Sub. (to the east)due to increased traffic volumes and speeds and associated safety hazards for children who live in the area,noise, congestion and increased activity in the area. Preference for this area to develop with solely residential Page 20 [Type here] uses rather than mixed-use with commercial and desire for commercial uses to be provided further to the west. 3. Key issue(s)of discussion by Commission: a. Opinion that existing infrastructure(i.e.roads and schools)can't accommodate the proposed development-Black Cat Rd. won't be widened until 2036-2040 and the Black Cat/McMillan roundabout isn't scheduled until 2028. a. Relocation of the common open space located along Ramblin Dr.where the dog park, clubhouse&swimming pool, and tot lot is located to a more central integrated location within the multi-family development as recommended b, Staff. 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the project due to the proposed density_putting too much burden on current infrastructure and the site plan not supporting centrallX located and integrated common open space within the multi-family portion of the development. 5. Outstandingissue(s)ssue(s) for City Council: a. See items highlighted in yellow at the beginning of Section VIII requested by Staff that have not been addressed that the Applicant requests to remain as-is. C. The Meridian City Council heard these items on October 8, 2024.At the public hearing the Council moved to deny the subject AZ. PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: David Bailey Engineering;eering Henry Prendergast. Cole Architects b. In opposition: Matt Neukom(representing himself and John&Vicky Bartlett) C. Commenting: Steve Elliott.Bainbridge HOA,Mack Meyers,District Manager. Settler's Irrigation District d. Written testimony: Many letters of testimony were submitted(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Concern pertaining to traffic generated from the proposed development and safety of the children in the area. b. Opposed to the project based on the development requirements in the CC&R's for Compton Sub.No. 2,which require minimum 1-acre lot sizes within the subdivision. C. Inability of the irrigation district to provide adequate irrigation water to serve the proposed,green space within the development. 3. Key issue(s)of discussion by City Council: a. Concern pertaining to the lack of sidewalk connection to Pleasant View elementary school: capacity of area schools: traffic on Black Cat Rd. and the existing roads and McMillan/Black Cat intersection not able to support additional traffic generated from the development: location of the common open space proposed for the multi-family development along the collector street rather than internal to the development accessible by pathways in accord with open space and CPTED standards for public safe and integration into the development: and not the right time for annexation with inadequate infrastructure in the area and CC&R issues. 4. City Council change(s)to Commission recommendation: a. None Page 21 [Type here] VII. EXHIBITS A. Annexation Legal Description and Exhibit Map—NOT APPROVED Description for Annexation Slayden Subdivision May 17, 2024 A portion of the North 1 J2 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22,27 and 28, TAN., R.1W,, B.M.,from which the 114 comer common to said Sections 27 and 28, bears South 00°29'U4"West, 2638.58 feet;thence on the east boundary line cf said Section 28, South 00°29'04"West, 380.00 feet to the POINT OF BEGINNING, thence continuing South 00'29'04"West, 959.32 feet to the centerline of W. Larry Lane; thence on said centerline, North 89°23'38''West,693.17 feet to the southerly extension of Lot 3. Block 1, Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence North 00029'02"East, 548.13 feet to the Northeast corner of said Lot 3; thence on the north boundary line of said Comptons Subdivision No. 2, North 89°17'56"West.415.79 feet to the Northwest comer of said Comptons Subdivision No. 2 coincident with the Southeast corner of Lot 5, Block 1, Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on the exterior boundary line of said Luhr Subdivision the following two (2)courses and distances: North 00"36'01"East, 110.38 feet; North 89923'46"West, 828.63 feet to the Southwest corner of Lot 3, Block 1 of said Luhr Subdivision; thence on the west boundary fine of said Lot 3, North 00°41'50"East, 328.66 Meet; thence leaving said west boundary line, South 89'18'10"East, 16.00 feet; thence North 00°39'27"East,330.47 feet to the north boundary line of said Section 28; R��Ati tANp�' thence on said north boundary line the following `� Z NSI� two(2)courses and distances: *I-% Or 0 rL South 89°24'50"East,el1.75 feet to the �1 Jf7V East 1116 corner common to said Sections Cl , 21 and 28; O� of 1¢ 100 Y M cC A ' Page 1 of 2 Page 22 [Type here] South 59'25'49" East, 680.40 feet to the northerly extension of the east boundary line of said Luhr Subdivision; thence on Said east boundary line and the northerly extension thereof, South 00°33'05"West, 360,00 feet; thence leaving said east boundary line, South 89`25'50" Last, 627,43 Feet to the POINT OF BEGINNING, Containing 38.584 acres, more or less. End of Description, N N 11779 � r of % o Page 2 of 2 Page 23 [Type here] W. Chinden Mvd. 1f16 5.21 1 f4 695,33 E' S89'2d'54'E S89'25'49"E 5.21 S_28 w 611.75 680,40' --- 627.41' S.28J��S,22 , S-27 JN y O unpLmtEed .3 Z ] Ln Point of 5B9'25'50" Beginning Lu S89'18'10'E 627.43" p N ±38.' ,4cres O - Z — —— N89'23'46"W 628.63' OD N44'36'01"E un CO 110.38, N89'17'56'W M cd v+ 415.79' as r+y'L Fz} X 4V.11 w v �t 4 Gomptons v m C) [n Subdivisiarr, N unpdatted Na, 2 O Go z W. Larry Ln. N89'23'38"W 893.17-7 '• I ' J I Cazrap E ars.s n I i Subd-unsion ") Ara_ 2 Q° M_ NZ kp L A,y I ey I NoS-N$_ 3' 1/4 11779 2a cd P. �Od} r6-QF \'Q 4f McCA�' I Scale- 1"=350' 0 175 350 700 P�aoytle S.ih iT•s.gy-Chi,tl 21 A—) 1a SS 51 M Idf4H Exhibit Drawing for Jo so 9@55N.ELIEaainsi. Annexation Sheet No. SURVEY (209) &015?0ea�ne Blayden Subdivision 1 GROUP LLC A portion of the N1/2 of the NE1 4 of Sectlon 28, Dwg. Dote T_461., R,IW,. 6.N., Ado County, Idaho. 5/17/202d Page 24 [Type here] Description for R-8 Zane Blayden Subdivision May 21, 2024 A portion of the Northeast 114 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, TAN., R_IW_, B-M.,from which the 114 corner common to said Sections 27 and 28, bears South 00°29'04"West, 2638.68 feet;thence on the east boundary line of said Section 28, South 00°29'04"West, 1,078.23 feet to the POINT OF BEGINNING; thence continuing South 00°29'04"West, 241.09 feet to the centerline of W. Larry Lane; thence on said centerline, North 89°23'38"West,893.17 feet to the southerly extension of Lot 3, Block 1, Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence North 00°29'02" East, 548.13 feet to the Northeast comer of said Lot 3; thence on the north boundary line of said Comptons Subdivision No. 2, South 89'17'56" East, 155.43 feet; thence leaving said north boundary fine, South 00°42'04"West, 206.42 feet; thence 60.15 feet on the arc of a curve to th8 left having a radius of 76.50 feet, a central angle of 45"02'51", and a long chord which bears South 21'49'22"East, 58.61 feet; thence South 44'20'47" East, 70.34 feet; thence 60.27 feet on the arc of a curve to the left having a radius of 76.66 feet, a Central angle of 45'02'51", and a I o n g chord which bears South 66'52'13"East, 58.73 fleet; thence South 89'23'38" East,223.44 feet; thence North 69°59'37"East, 9.15 feet; thence 76.02 feet on the arc of a curve to the right having a radius of 55.00 feet, a Central angle of 79'11'24", and a long chord which bears North 88°58'34" East, 70.11 feet, thence North 380X16"East, 25.63 feet; thence South 89'31'22" East,294.58 feet to the POINT OF BEGINNING, PL LAND t3� 0CE N S Containing 5.901 acres, more or less. rvt End of Description, Page 1 of 1 Page 25 [Type here] E 1/16 - - - N89'25'49'W 1307.40' _ S.21 S.22 W. Chinden Blvd. S.28 S.27 <N� Scale: 1"=200' I I 0 50 t00 200 400 ; i I Line Table { ' 8 Line Bearing Length y, Lt 544'20'47'E 70.34' I � I L2 NSS*59'37"E 9,15' Unplatted r N L3 N38`34'16"E 25.63' °�° I w" p1 155.43' ,i v 58917'555'E _ ° m � 00 �a fV 1 O N Om C� 7 ❑ V) 294.58' j Paint of 0 223.44' C3 589`31'22"E Beginning N 02 S89'23'38"E L3 t5.901 Acres 0 W. Larry Ln. N89'23'38"W 893.17' ram • F I Nj jk16 LA�y g y�C Nat Curve Tuble fi f � Curve Length Radius delta Chard Bearing Chord Length ¢ 11779 C1 60.15' 76.50' 45'02'51' S21'49'22"E 58.61' 5.27 C1 ZaZ ?,0 C2 60.27' 76.56' 45'02'51" S66'52'1ST S8.73' OF McCA ' ` C3 76.02' 55M' 79'11'24" N88'58'34"E 70.11' P:Ipia3da^5nb(T'i',y-ahs4n 27 As )2C- E,d"a 5/211202, ':0+:25--A IQH� Exhibit Drawing for Job No. SURVEY 9MSRWIDAHOMMBT R—S Zone 20203 ao�e,iparn earns Shert No. sue,viaesan Blayden Subdivision 1 GROUP LLC A portion of the NEt/4 of the NE1/4 of Section 2B. Dwg• Data T.4N., R.1W_, B-M., Ado County, Idphp_ 5/21/2024 Page 26 [Type here] Description for R-15 Zane Blayden Subdivision May 17, 2024 A portion of the Northeast 1l4 of the Northeast 1f4 of Section 28, Township 4 North, Range 1 Vilest, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R.1W., B.M., from which the 114 corner common to said Sections 27 and 28, bears South 00"29'04"West, 2638.68 feet, thence on the east boundary line of said Section 28, South 00°29'04"West, 772.67 feet to the Northeast corner of Comptons Subdivision No. 2 as filed in Book 31 of Plats at Pages 1935 and 1936, records of Ada County, Idaho; thence on the north boundary line of said Comptons Subdivision No- 2, North 89'1756"West, 737-75 feet to the POINT OF BEGINNING; thence continuing North 89`17'56"Vilest, 571.21 feet to the Northwest corner of said Comptons Subdivision No. 2 coincident with the Southwest comer of Lot 5, Block 1, Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on the exterior boundary line of said Luhr Subdivision, North 00°35'01" East, 85.38 feet; thence leaving said exterior boundary line, South 89°2346" East, 0.22 feet; thence 73.36 feet on the arc of a curve to the left having a radius of 180.00 feet, a central angle of 23°21'04", and a long chord which bears North 78°55'42" East, 72.85 feet; thence North 67"15'10" East, 100.26 feet; thence 73.66 feet on the arc of a curve to the right having a radius of 180.DO feet, a central angle of 23°25'54", and a long chord which bears North 78958'37" East, 73.15 feet; thence South 89'17'56" East, 297.72 feet; thence South 44°40'34" East, 54.10 feet; thence South 00'42'D4" Vilest, 117.00 feet tc the POINT OF BEGINNING. Containing 1-828 acres, more or less- � 1-44 cn End of description. 11 on 12 �0 °p OF MOCK Page 1 of 1 Page 27 [Type here] W.-Chirnden Blvd. - S.21 S.22 E 1/16 N89'25'49"W 1307.40 -- - -- - 5.28 -S.27 I I I +I I 1 1 1 LUAT I Subdivision Unpa ad led m I ry h co f I I ff) S L 1 I -13 C U1 1 r-i y m C2 559171S6"E 297.72' 0 m J L2 t1.828 Acres 1 0 d N89'17'56"W 571.21' Point of N89'17'56"W 737.75' Beginning Compton Subdivision No. 2 0 Im I� 1 Line Table Line Bearing Length L1 NOU3 1�46'01'E 85.38' 1/4 IS. 27 L2 589'23'45"E 0.22' L3 N67'15'10'E 100.26' L4 S44'40'34'E 54.10' N$ L5 S00'42'04"W 117.44' 1779 ;a 7A f 0 Curve Table 4f McC Curve Length Radius Delta Chard Bearing Chord Length C1 73.36' 180.DD' 23'21'04" N7855'42"E 72,85' C2 73.66' 184.DD' 23.28'54" N78'58'37"E 73.15' Scale: 1"=200' 0 5D 1017 200 400 P:Rio .5uh I.i. tti-a.n 77 F«. xo-so7ti �Knni.lrt-i ia. SIfl�osa i. s.oe w, IDAH Exhibit Drawing far Job No. 20-2D3 SURVEY ��� R-15 Zone Sheet No_ 9PWE. EMERALD P 93F" [xoeb84"SM Blayden Subdivision 1 GROUP, LLC A portion of ttie NE1/+ of the NE1/4 of Sectlon 2B, uwg. dote T,4N., R,1W., B.M., Ada County, Idaho. 5/17J2424 Page 28 [Type here] Description for R-40 Zone Blayden Subdivision June 18,2023 A portion of the North 1/2 of the Northeast 114 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R,1 W., B.M., frorn which the 1/4 corner common to said Sections 27 and 28, bears South 00°29'04" West, 2638.68 feet; thence on the north boundlafy line of said Section 28, North 89°25'49" West, 806.15 feet to the POINT OF BEGINNING; thence leaving said north boundary line, South 00'39'27"West, 526.67 feet; thence South 89°17'56" Last, 24.10 feet; thence South 10'4-3'12" East, 41.97 feet; thence South 00°42'04"West, 48.00 feet; thence North 89'17'56"West, 297.72 feet; thence 73.66 feet on the arc of a curve to the left having a radius of 190.00 feet, a central angle of 23"26'54", and a long chord which bears South 78'58'37" West, 73.15 feet; thence South 67'15'10'West, 100,26 feet; thence 73,36 feet on the arc of a curve to the right having a radius of 180.00 feet, a central angle of 23°21'04", and a long chord which bears South 78°55'42"West, 72.85 feet; thence North 89423'44" West, 0.22 feet to the exterior boundary line of Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on said exterior boundary line the following two (2) courses and distances; North 00°36'01" East, 25.00 feet; L LAIvo ENS rw �, 117 Ln fig F \9 per' Page 29 [Type here] North 69"23'46"Vest, 628.63 feet to the Southwest corner of Lot 3, Block 1 of said Luhr Subdivision; thence on the west boundary line said of Lot 3, North 00041'50" East, 328.66 feet; thence leaving said west boundary line, South 89°18'10" East, 16.00 feat; thence North 00'39'27" East, 330,47 feet to the north boundary line of said Section 28; thence on said north boundary line the following two (2) courses and distances: South 89'24'50" East, 611.75 feet to the East 1/16 corner common to said SeCtions 21 and 28; South 89°25'49' East, 501.26 feet to the POINT OF BEGINNING. Contsining 16.710 acres, more or less. End of Description. �NcaNa 704, OF l Af MrCA ` Page 2 of 2 Page 30 [Type here] W_ Chinden Blvd. 5.21 1/4 589'24'50'E 811.75' S89'25'49'E 501,26' N 69 25'49"W 5.21 5.22 S.2S 695-33' E 1 f 16 806.13 T 5.28 5-27 w Pain# of Beginning F i n c cliiLn i a t16,710 ;1 L8 Acres Ll LO Of d I ' Li o °y C-4 m D r3 r s Ch C1 2IiV Ln N89'17'56»W N89'23`46'W 628,63' I p �2 567'15 10 W 297.72' V7 L4 1 Q4.26' I Covnp dnns I Subdwiswn Nn 2 Un�Los�tea � Line Table Lora Storing Length 1/4 L1 S89'17'56'E 24.10' S-28 5-27 t2 S10'43'12'E 44.97' L3 SOD'42'04'W 46.00' L4 N89`23'46"W 0,2T 1� NL LAJ p L5 N00-35'01"E 25-0o' ♦ DNS L6 588'18'10'E 16.00, O 11779 kP */z.,t3 Curve Table OQ E OF 1 () Curve Length Radius Delta Chord Bearing Chord Length { �A ddcCP C1 73-68' 180,00' 23'26'54» S78'58'37'W 73.15' C2 73.36' 180.60' 23'21'04' S78'55'42nW 72.85' -- Scale: 0 125 250 500 Inrl,n'uh;Trlogy-Chntlm 27 rcrr}7q-2�3kmg�,M1ntla Vt-+C.tlrg 6�16f20E,1 1'14$1 PY IIDApH�f V Exh Gibit AQyreaTwing for 03 �7Ul1YI:T B9S5w exrF.RIL6 Sl. R-40 Long aCIFE•l oAH0413 K4 Shea# Nn_ 12MI8t6.enm Biayden Subd YISIOn GROUP, LLC A portion of the N1/2 of the NE1/4 of Section 28, dwg. Dote TAN-, R.11k, 6.Ad., Ado County, Idoha. 6/>18/2023 Page 31 [Type here] Description for C-G Zone Blayden Subdivision May 21. 2024 A portion of the Northeast 114 of the Northeast 114 of Section 25, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Ccmmencing at the Section corner common to Sections 21, 22, 27 and 28, T.4N., R.1 ., B.M., from which the 1l4 comer common to said Sections 27 and 28, bears South 00`29'04"West, 2638.68 feet; thence on the east boundary line of said Section 28, South 00°29'04"West, 360.00 feet to the POINT OF BEGINNING; thence continuing South 00°29'04" West, 718.23 feet; thence leaving said east boundary line, North 89°31'22"Vilest, 224.58 feet; thence South 38°34'16" West, 25.63 feet; thence 76.02 feet on the arc of a curve to the left having a radius of 55.00 feet, a central angle of 7W1124", and a long chord which bears South 88°58'34"West, 70.11 feet; thence South 69°59'37" West, 9.15 feet; thence North 89'23'38"West, 223.44 feet; thence 60.27 feet on the arc of a curve to the right having a radius of 76.66 feet, a central angle of 45°02'51", and a iong chord which bears North 66'52'13"West, 58.73 feet; thence North 44°20'47"West, 70.34 feet; thence 60.15 feet on the arc of a curve to the right having a radius of 76.50 feet, a central angle of 45'02'51", and a long chord which bears North 21°49'22"West, 58.61 feet; thence North 00°42'04"East, 323.42 feet: thence North 44°40'34"West, 54_10 feet; thence North 00'42'04" East, 48.00 feet; 4 01 LANp c�\ 1OF-Ns thence North 10'43'12" West, 41.97 feet; thence North 89'17'56" West, 24.10 feet; 779 ar & .� thence North 00°39'27" East, 526.87 feet to the north boundary line of said Section 28; ', IcGAt Page 1 of 2 Page 32 [Type here] thence on said north boundary line, South 89"25'49" East, 179.14 feet to the northerly extension of the east boundary fine of Luhr Subdivision as filed in Book 59 of Plats at Pages 5766 and 5767, records of Ada County, Idaho; thence on said east boundary line and the northerly extension thereof, South 00'33'05"West, 360.00 feet; thence leaving said east boundary line, South 89025'50" East, 627.43 feet to the POINT OF BEGINNING, Containing 14.145 acres, more or less. End of Description, kL LA EN S' a ..G Orr \1D per' Page 2 of I Page 33 [Type here] E 1/16 N8925'49"W 589'25'49'E N89'25'49"W 627.01' S.21 5.22 501.26' 179.14' -- - -- - S 28 S.27 w_ Chinden Blvd. p I • KT 0 50 100 200 400 o Ur�,vtatted w 'Kry . sv � I . °h Point of Line Table o S139'25'50"E 627.43' Beginning o Line Bearing Length z 4 L1 S38'34'16"W 25.63' L2 S59'59'37"W 9.15' L3 N44'20'47'W 7024' m bn L4 N44'40'34"W 54.10' 0 r 00 rn L5 hf00'42'04"E 48,00' !p -6 CA a L6 N10'43'12"W 41.97' t14.145 Acres N to L7 NS9'17'56"W a r v m o a ° O O 2 at&ns �'vk lion No 2 C1 u N88'�1'22"W C2 N89'23'35'W L2 294.5@' 223,44' ci rr . I • W. Larry Ln_ del LA 1/4 g 1.� N8 Curve Table S.28 S.27 Curve Length Radius pelts Chard Bearing Chord Length eL 11779 C1 76.02' 55.00' 79'11'24" S88'58'34"W 70.11' r Z � C2 60.27' 76.66' 45'02'51" N66'52'13"W 58.73' 0 of % MaC � C3 60.15' 76.50' 45'02'51" N21'49'22"W 58.61' u.\BGrd1.6.6(r.I.Jr Ch:,do 27 Ao, 2U-2W\A,\E 1L.\C-c.d.g 5M/7a24 12:52:10 Fy II DApH�fQ �/ Exhibit Drawing for 206 203 SURVEY �"wE `oST. C—G Zone Sheet No. eO1)'1O"7c, Blayden Subdivision 1 ao61 B�6-�70 GROUP, LLC A portlon of the NE1/4 of the NE1/4 of Section 28. Owg. Date T4N., RAW., E.M„ Ada County. Idoho. 5/21/2024 Page 34 [Type here] B. Preliminary Plat&Phasing Plan(dated: 5/29/24) �NI '1N3 Wd013A3❑ A00-II iA of P101e-V •W e p NpISl/� O»nS 3 CI w -au�'9uUeeu�u3 Fa�I3 � S71 O1EF3 'Pv Z-.-Lp--1 �3.1--- x a ji as I V g x� 0 I � - -------------'-T - I �g Nil t j t l I I I ®� :T- + I _ I I , - - - ' - Page 35 [Type here] -ter,- .na �NI '1rJ3 Wd0131\30 .1O071 iJ1 _ rrorsrnloans -auf'BuUaeu�u3 Fafle( r ji i =r tilt!1 t .e i I - EJ ryix f;y `� � �•rriiit-Wr��iiiiiii i_i�i IIIIIIIhlI--�', i Ili — OWN t1 _= i I � I I I I � s Y j 1 Page 36 [Type here] I S I I C:l Ej---j P-4 3 CiLIN -FF!. . . ........... ...... -F o r14 0 ji .................... -i........... ri ............... 1z D F, A L'i Li =: a 1����a''. j ,I I I cn ........... ....... :5 T '11 1 .0 I EEL" .............. "in . ........... �j v "i M-1 ill, MH Page 37 [Type here] Ni wo,� \\nj^ w�30 \-k\-Ij ¥� • � \\ s„r** »V-1.=i � ® _ x � . \ - - _ • - � Gbba§2299gHk©gG2y2Ge» , 9ngnur � gUaBHna . aan ° HHHHHHn, . 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L l � L- TZI --= fi.C�rr it LLL WEI -_....:.„y.'�'-"c-"d1'""F• 'ti ..7���,`j�•" xEi.':''�. :Y4' .�/�•S�4^ �i x^.- S?'.k Page 42 [Type here] Sa�J 141�A1'Idl4����uf� _ =-.- 'aq quuaauPu3 hi! mail Ji It------------------------ J, lu _ L : I ............................... s el ' r ........... r �; Y/Aw.;Arof" _ IN IN Page 43 [Type here] SOI1{�.FI4RIR1'MI 411f��IM3� _ - ,\ - l �� � •1 - •'—• .:Del luumpu3 iaile 02 ,7 J: 'Z 7 I\ Z 1 lV1sJ ^aV'N. I .p 1!- UAll III'.1 TJ 7. ;I oi lu } F.Y.. � ar17lP�Gh3.l4Y}f ytivr+Y�Y.54t�h:ilf� }• r =_ y � � I J -+-c - 1� o� r IS =_------------------------------- •_-- _ 1 I I` IIF I I I I ___----___— _—_— �O ku u AIL -- -- �_ -- ------ Page 44 [Type here] -^-IV I •1hl3d�13ft3❑ Jw�071 JL Saba �#'4'1d 3cVOSGNV_l 1''18 Aa .'• a _ _ y llJ IL 2n Y i k � x 51 ; L 41 = j MW 10 } J s x t J irl _ — ; _---__ — —_ _ _ _ — s z _—_Zdi, __ LLI r Page 45 [Type here] D. Conceptual Development Plan for Holding Area—Revised - — _.�.�_ 3N1 '1N3 Wd013h3fl J.6011k�1 ��'�y'~��� 1 NQIS Ihlq�rl$ N3fl.4V7g '�.I'9upd6u�u3II NYId 1N3 YIdOl3R30 ld 33N07 731dtl `31fIQl0F{ ai OL o• k� -'Y'.i: I �.i'rE.4rl'••....�x�."��a�3'ti.:�.� ,'�.i�:�:*�!k•�#�_xx,���.'S.,'�.'✓�.=.h_3`:,;i�',Y�.?i�SY=!�:�•�S.�as.;�'��3".di"��.&'hFf S--~1 � I I 1 I I I ' I ' I i U � •4 I � I I I 1� I I ' I I i I Page 46 [Type here] E. Site Plan—Conditional Use Permit(dated: ''�"�4 9/20/24)—REVISED 0N1 '-LN3Wd013A3Q AD071- Gad��d1�9�V -I°1w1ON" NV7.1 311S 11W43d 2sn -MOIlI0N0� alp wM4rr, Ell I _��J.L��..,� ��,-. III 1�I`' -•'i' � � 1; 1 T 1~ 31 kd jj o l l 1 - T .111111 W-- ' rlllllii!', e E -I ...uuu ix iiiiu re 'ya , ar-111 -ITr-=----__---- YC�d i� 99 e[i �;� �IM IiEI L�Ijl 444 ' �' •.•_ ----y —i r+�ii '�r� I � �� �ii���l�9I $� � ��oi?iM No 11 .Edl I � Page 47 [Type here] F. Open Space Plan(dated: 7/15/2023)& Site Amenities for Multi-family/Apartments _�.,.,_ ,na..a �NI '1N3Wd0131�30 A'.�O71iJ1 0 P7JIe.ww'V Id ier.e''9 y'G a N p I S.l I O 9 n S N 3 O-k IV Ed mr�r�rare x I I - II II III ': 1 - - I _- ,` P.IIIgIL11.:: ��w' r� i mi Psi=a ¢ a $ FlI IIIIII e ....iii iii..i......... III _ I)lI. I�FI117 �1111 _ I .... . .:-T�rITIT _ .. T. ... I i � - - � -• _ � Ili III LEE 4121 I _ —��liiiiiiii I i iTi � C11p {f +} y}s e l �j' i��A���QS� • ���? a I M — ~ o -'-�J• I�I' iii + li�dd !!l��a��r�s�l� j!!{!�� lS��a a e � pppp °!o pp ggg iii I II 'YII ........... I ,�J �!�III'fllll I I �'s- I 1111 Page 48 [Type here] kc z_ § § lei 6 ) L \j k ( § § 2[ \r§ > § & / (3 < -- � a EE ■ \/ \_\ [§ � � �� `� -j zz o �§ �>- 7 < < c �— E, W cam '§) \( LU� § § ( %( (d� §\ ()§ §§ (] 2) ()/ ) I � ||| 2F1I � I / illill : w ® — � — cI Mr" 1 /] - , � � ] � � — LU > w � — � LLJ . LU2 | § III II III . | �) ---------- ------------ Page 4 Garden [Type here] i Plaza Areas rJY' ;"'� 3 s�^ 'dal 3�'t�<�2J'. -•J'- :.-- 1low w 1 Pool Overview r- N 771IIIIIIIIIIII South . 1 Page 50 [Type here] AMENITY PRECEDENTSI CLUBHOUSE wh 7*0 law - � rr' JILJ AMENITY PRECEDENTS/WALKING TRAILS AMENITY PRECEDENTS/COMMUNITY GARDENS E. %!�'f BIlTlA4�F y;M °t_._ b�. �`fir• u!e I i - a a - S xMR,iPage 51 x [Type here] AMENITY PRECEDENTS/PICNIC AREAS AMENITY PRECEDENTS/DOG PARK AMENITY PRECEDENTS/PLAZA Page 52 - i �a � I i [Type here] G. Conceptual Perspectives from Chinden&Building Elevations/Materials for Multi-family/Apartments& Clubhouse PERSPECTIVE LOCATIONS/ SITE MAP VIEW LINES NEIGHBORS EASTBOUND WESTBOUND FTT Ull I I I I I I I I l I I I I, I I la l I I ITfTfTTf171 1 1 1 e �IIIIIIIIII �§ unn 111111 ITLI 4 I f T4; I I I �4f1TrT fl 11 f 1[ T1Tf } I - -- - -- ---- COLE/-\RCHITECTS CBH-BLAYDEN I CONCEPT PERSPECTIVES Page 53 [Type here] CONCEPT PERSPECTIVES/EASTBOUND ON CHINDEN NNW- COLE/ARCHITECTS CBH--DEN I-EPT PERSPECTIVES CONCEPT PERSPECTIVES/WESTBOUND ON CHINDEN 1 COLE/ARCHITECTS CBH-31-DEN I CONCEPT PERSPECTIVES CONCEPT PERSPECTIVES/VIEW LOOKING SOUTH FROM NEIGHBORS ACROSS CHINDEN Aom low COLE/-\RCHITEC I CBH-8-EN I CONCEPTPERSPECTIVES Page 54 [Type here] z �ILL].I I J I I I I I I I I IJ LI L L LILL].-�LI I L II Moe ,l _ �l 4'I I I -- _ ll_� J � : lilll � l IIIII �T111� ; __ --------------------- ---- ----- -�-- ---- LU � _ ,, i � � llrll � I1Tii � � llli, TTlf4l � � lll = = Ln --"I 111111 I.I.LLLLLLIJJ I 1 Ur J-LLLU i ill, Ln bl uj $ I L1 f J _ ---- ----------------- ---------------------- I I I L 1 _ LU =1 �a - - - LL, LU TT' f i liLf J '1.11 I I I I Ll.J_�J 1.1 I I I I LC l.li l J l l J ILAl..1ll1J I - - �: Page 55 [Type here] ELEVATIONS/CLUBHOUSE >�NEWER !.t'f J�.%•. l•A-fRIAL� IAIfTFAML bOORS MEN NORTH ELEVATION WEST ELEVATION SOUTH ELEVATION EAST ELEVATION ELEVATIONS/ 1 2-PLEX-SCHEME 01 —IR ..4U4lf IL —ELSIRRILS ROOFING i]�ITI V4'!1 DOVl5� MATERAL MATERIAL DOORS ao xari-S RU �� �� ■ 11 11 NORTH ELEVATION WEST£LEVATIO:N SOUTH ELEVATION EAST ELEVATION Page 56 [Type here] ELEVATIONS/ 12-PLEX-SCHEME 02 MINE k IIPPfR _ _ P0.N EL&'-B RLbRLVIG NLkTlIL M1IMfRIAL MALfRIA1 I:J[]R5 u uN„B; NORTH ELEVATION WEST ELEVATION SOUTH ELEVATION EAST ELEVATION ELEVATIONS/24-PLEX-SCHEME 03 mmllmm k� u„=ti 4m S NORTH ELEVATION WEST ELEVATION ■ SOUTH ELEVATION EAST ELEVATION Page 57 [Type here] ELEVATIONS/24-PLEX-SCHEME 04 MlTFAi1L __,...L .L III LpIGLI I.00­ .,...... no IN ■ it go IN IN NORTH ELEVATION WEST ELEVATION I;in ■ II ■ IN IN IN IN IN IN SOUTH ELEVATION EAST ELEVATION ELEVATIONS/30-PLEX-SCHEME 03 so. uari.5 uwee 9A.SENNEPox RWf15lAAILS n�.,eS @S FDONNG MfTRL WINI-SI NORTH ELEVATION SUIJi}i ELEVATION ■ I �� � IN IN IN IN IN IN IN ■ 11] IN ■ W EST ELEVATION - I i EAST ELEVATION Page 58 [Type here] ELEVATIONS/30-PLEX-SCHEME 04 1 1 IWP®1 9Jl5EMATEPIAI PAN=--"�::1: � '.cnr:wS n mS ROOFING METAL w �«'v NORTH ELEVATION SOUTH ELEVATION LIN ■ �� �� IN - ; WEST ELEVATION IN Ego I I - -- EAST ELEVATION Link to building floor plans and other drawings Page 59 [Type here] H. Off-street Pa r b/Exhibit 2 k /k \ ! ( ! 2, )-� ] « g : , § , 2, = e§ e!N ; - ! ® < � \ §n _ § /« ( )�! e � §k�§ �n ! / / \* �/�§§ (�§ )� \ § <• jo �/ m })� § §� �� \)k�� k !§ !e §! §�) @\ 2% ©LU \ W W 2; K § 40 %b« = I : � � EME&Fu -i . 7 A� U \ fi.| ;;h 9 � , � . 2 . . � ���� ... � 7 . � ❑ � ;��| lid 2 . « ' CC D � � 2 L- 7 R:ƒLA �� �/ z 3 Il .II ,II . i �¥ ----------� Page 6 [Type here] I. Conceptual Building Elevations for Townhomes _ l ■ Page 61 [Type here] J. Commercial Plaza Areas Blagden Commercial Plazas Overview The plazas and open spaces within the commercial portions of the development are envisioned as dynamic,community-centered areas that foster social interaction and enhance the urban experience.Designed as hubs of activity,these spaces are seamlessly integrated with the commercial environment to create vibrant areas where people naturally congregate,relax,and engage In a variety of experiences- Design Features Each plaza is anchored by landscape and functional elements that not only enhance the a esthetic appeal but a Ise co ntri bute to the fu nctiona I ity of t he s pace- Be nches an d pi c nic to b les provide ample seating for visitors.The main plaza features pergola along the pathway welcoming visitors to the space and providing coverage from the elements. The landscaping uses a combination cf plants,trees,and perennial flowers to create year-round visual interest,while shaded areas with mature trees provide relief from the sun during warmer months. - c i 1� ■ ■ r � ti � _ _ .. AIL ,. Integration with Commercial Areas The plazas are directly connected to the surrounding oommercial spaces,serving as natural extensions of the retail areas-Wide,accessible pathways lead directly from storefronts into the open spaces,encouraging foot traffic and making the plazas a central gathering point.The Page 62 [Type here] 6layden Commercial Plazas proximity cf these areas to the coffee shop and offices spares ensures a constant flow of people,fostering a lively atmosphere throughout the day. The open spaces are designed to be highly visible from key commercial entrances and pedestrian thoroughfares,inviting visitors to stop, linger,and explore.Clear sightlines from the main streets ensure that the plazas are easily identifiable as centers of activity,attracting both local residents and visitors_ s.. 44 �E 1, t { k W = t alb Activation and Usage These plazas are designed for everyday use, making them highly flexible and adaptable_ Comfortable seating areas,small grassy lawns,and shaded corners are also perfect for informal gatherings orquiet moments,offering balance between active and passive uses-The plazas' human-scale design encourages spontaneous interaction,with seating arranged in ways that promote conversation, peo p le-watch i n&or casual dining_ Page 63 [Type here] VIII. CITY/AGENCY COMMENTS & CONDITIONS The Commission recommended denial of this application to City Council due to the proposed density putting too much burden on current infrastructure and the site plan not supporting centrally located and integrated common open space within the multi-family portion of the development. Staff has left he following comments and conditions in the report for Council's consideration if they approve the proposed development Prior to the City Council hearing, Staff recommends the following revisions to the plans and/or updated information is submitted at least 15 days prior to the City Council hearing: • In the holding area south of W.Ramblin Dr.,the mid-box retail and office park should switch locations(see pgs. 5-6 for more information). This change was made. • Relocate the plaza area in the holding area on the south side of Ramblin further to the south to a more central location for accessibility of the users of the commercial/office park and better integration into the site(see pgs. 5-6 for more information). This change was made. • Submit details for the plazas/open space areas in the commercial portions of the development that demonstrate they'll be integrated centers of activity and activated with permanent design elements and amenities in accord with the Mixed-Use guidelines in the Comprehensive Plan(see pg. 7 for more information). This change was made (see exhibit in Section VII.J). • Relocate the common areas in the multi-family portion of the development where the dog park, clubhouse, swimming pool&tot lot are located from along the collector street to a more central location within the development(see pgs. 7& 17 for more information). The Applicant would like to keep the originally proposed locations for the amenities as they feel the location is appropriate. • Submit revised legal descriptions and exhibit maps for the proposed L-O and C-G zoned areas south of Ramblin in the holding area(see pg. 11 for more information). These items will be submitted prior to approval of the Findings if Council approves Staffs recommended changes. • Revise the preliminary plat phasing plan to reflect Phases 2 and 3 being swapped. The Applicant revised the phasing plan to reflect Phases I and 2 of the multi family development being swapped—the phasing plan was not revised as requested to reflect Phase 3 (the commercial portion) as Phase 2 so that some commercial services would be available for the residents in Phase 1 while the next phase is being constructed. • Relocate the emergency access via W. Chinden Blvd./SH 2O-26 to the west boundary of the site(see pgs. 12-13 for more information). Annexation & Zoning 1 A Developraen4 Agfeeraen4(DA) is r-eqttired as a provision of armexatien of this property. Prior-to approval of the afmexation f a PA shall be entered iffte be�ween the City of Meridian, shall, the Ctiffently, a fee of$303.00 shall be paid by the Appheant to the Plaming Division prior to eornmefieeraefA of the PA. The PA shall be signed by the property owner and r-etumed to the Planning Division within si�E(6)months of the City Cotineil approval of the afme*ation Findings. The DA M mini , m4e the following provisions IF City Getineil detefmi armexation is in the Lent i,ft nrnnt f the!'uy. plan,a. Future develepraef4 of this site shall be generally eensistentwith the-preliminary pW,phasing site plan, !a-adseape plan, eeaeeptua4 development plan and eeffeept"building elevations and renderings ineltided in Seetion Vil and the previsions eepAained herein, Page 64 [Type here] site,b. Ftitufe developmefA shall demonstr-me general eefisisteney w44 the Medium Density Residential and Mixed Use gttidelines and speeifiea4ly the N4i*ed Use Regional gtlidelines in the Gempfehensive Plan.1�4-iixeedd lulssee Areas shetild be eentefed ar-eund spaees that are well de4g*ed pei:Fnanent design elements a-ad amenities that fester-a wide vafiety E)f if4er-ests fa-aging leisiffe to play. These areas shall be thetightfully integfa4ed into the develepment a-ad fth-the > shall d. A 10 feet wide detaehed sidewalklmulti use patl+way shall be provided within the r-eqitir-ed street ., e. A 25 feet wide btt�r-to adjoining r-esiden4ial tises shall be pfevided in the eemmefeial UPC i i time,f-. The density of the single family r-esidepAial area depieted en the eeneeptual developmentf4an fer-the helding afea in Seetien VILD shall develop with a gfess density between 3 a-ad 9 units/aer-e eonsistefA with the Medium Density Residefftial Fu�ur-e Land Use Map designmion i g. The r-estatifant(i.e. eeff-ee shop)with a drive thfough shall r-e 1 of a eenditional ttse pefmit in aeeef:d with the standar-ds listed in UPC 1-1- 4 -3 1-1- —Drive through Establishmen Ramblin Dr. is e*ended to the west to N. Rustie Oak Dr. At th4 the befm,wall, !a-ndseapifig a*d pathway shall be extended aer-ess this area. Pefmafien4 dir-eet aeeess via W. Heeded with the xte pion q A.,n,l 1;,,. t the w st t A stie Oak with the 1'19hase ' that area.- j ., a*amendment Plan a-ad Unified Development Code, Preliminary Plat a. A er-ess aeeess/ingfess egress easement shall be granted to the ottt par-eel (Par-eel 7 Tilm13-A Page 65 [Type here] b. Ineltide a detail(i.e. ef:oss seetion) for-the alley that demonstr-ates eomplianee with the standafds listed in 7 mG 11 6C- d. Gr-aphieally depiet a 14 fee!wide p4lie pedestfia-a easemefft for-the ffffilti use pathway alefig N. town homes Bleek 3 as set oFth i 7zrr vvPC 11 LA 314. 3. The landseape pla-a stibinit4ed with the final plat shall ineltide the felk)Wi Blaek GM). if the tinimpr-eved fight of way(ROW) is 10' or-gfea4ef ffefn the edge ef pa-veffieff to edge of sidewalk OF ffopeFt-y line, depiet 4ndseaping(i.e. !a-,%%of otheF vegetative b. 1-neltide a detail,lefess seetion of the befm and wall within the stfeet buffer-along Al. Chin Blvd. thM demenstr-a4es eemplia-mee with the noise aba4efnent standards in UDG 11 39 Q)L. haelude the elevatieft of the eef4eFlifie of Al. Chifideft Blvd. in Fela4ion to the top of the wall an the methed of vafieAien in the wall(i.e. eeler-md/ef te*tufe er-staggered every 300'). Bfeaks i the bem/wall 0 of allowed. listed in rmr�> >-3B-rzCL. the sta-adafds tested in T�r-3B 005. e. Depiet a miniffmm 5 foot wide set-baek f6r-dFainage from the alley that pfavides aeeess t teomes in Bloek 3 as set fE)i4h in UPC 14 2W f-. 1-neltide a detail fef the afea where the emefgeney aeeess dfiv sed that shows he g. Depiet the edge of pavement en the pla-m. if the tmimpfeved stfeet right ef way along WL. Chinden Blvd./SI4 20 26 is 10 feet OF gFeateF fFE)m the edge ofpa-vefnen�to edge of sidewalk 0 ffoputy line, depiet a 10 feet wide eempaeted sliouldeF meeting the eefistFuetion sta-adaMs-af eoveF ifl aeeE)F with mvPC4 3B-7G. >lcaeFak, SlOtighs OF eafials, eFE)SSiflg this site shall be piped OF E)thef:wise EagifieeF signatwe. 6. Comply with the subdivisieft design a-ad iMPFE)vemefi4 standaMs listed ifl UPC 11 6G 3�. Page 66 [Type here] Lot 10, Bleek 1 with the final pla4 for-that poi4ion of the development fef addr- -R,4he private streets sha4l eemply with the standards listed in UDC 11 3F-4-. 9. A 14 foot wide publie pedestr4an easement is f:equir-ed for-the ffmiti use pathway along N. Blaek Cat Rd. and W. Chifideft Blvd.,IS14 20 26 if loeated outside the adjaeefit read right of way; the easeme shall be stibmitted with the final plat appliemien fef the phase in w-hieh it's leeated(see Park's Dept. 9. Approval of a pr-elimifiar-y plat shall beeeme fmil a-ad void if the applieafft fails to obtain the-ei4y engineer's signatefe on the final plat within two (2)yeafs ef the appfeval of the pr-elimiaafy p Upon wfitten r-e"est and filing by the applieapA prior-to the tefmination of the period,the difeete may au4hoi-7ize a single ex4ension of tifne to obtain the eity engineer's signatwe on the final plat fie by the City Cotmeil may be gfanted.With all ex4ensions,the difeeter-or-City Geuneil may pfevisiefis of this title. o !I. Complia-nee wit4i t4ie speeifie use standafds listed in UPC 11 4 3 27 for-Multi family Developments is fequifed. 12. The site plan sha4l be revised as follows- ZVV-CT II'2Vr ZPGLI[er-i12the developmefA in aeeor-d with VDT T -Z e. Depiet minimidm 7 feet wide sidewa4ks where pafking spaees abtA sidewalks a-ad w-heel steps afen) ) overhang beyond the designated pafk-ifig stall dimension ift aeeor-d with UPC 11 3 C SB ( length ef par-king spaees may be deefeased by 2 feet if 7 foot wide sidewalks are provided).- b. Depiet!a-ndseapiag along all pathways per-the standards listed in UDC 11 3B 12G. responsibilities for-the managemef4 of the developmefft, ineluding,bu4 not limited to, t. stieh shall be stibinit4ed to the Planning Division prior-to issumee of the first Get4ifiea4e e Oeeupa-ney within the developmen4. 15. NI-ttitifamily develepments with units dia4 tak -eiffed eonffneo eeffidor-s shall install and Page 67 [Type here] 17. In phased developmen4s, eommeft open spaee shall be provided ift eaeh phase of the development eefisistent with the r-e"if:emeffts for-the size and fitimber-of dwelling tmits pef:UPC 11 4 3 27C.7. The Appliecmt shall demofistr-a4e eemplianee with this standar-d with the Get4ifieate of Zopi*g Complia-nee applieation fef the first phase of the multi family development G. COUP`qPy D£*£loPmENT S£Riz4c£o( ) T COMMUNITY LAITY P1 A ATATING A ssoc-i A:F;oN of C/1TTTiT[ EsT-M A io ;a—n.v_, —A,r,kith,, � n.v_, —A,r,,,.;a;,,, � 354468.v ab;a—n.v_, —A,r,,,.;a;,,, � Page 68 [Type here] 44e ink,m ridi.nei acc^r^rc.v bid--n IX. 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 proposed map amendment to the R-8, R-1 S, R-40 and C-G zoning districts for the development of multi family apartments, townhome dwellings, retail, restaurant office and single-family dwellings provides a mix of uses as desired; however, the site layout is not consistent with the Comprehensive Plan as noted in Section IV. 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 complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities in this area consistent with the Comprehensive Plan; however, the City Council also finds the proposed density will put too much burden on the current infrastructure at this time. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will be detrimental to the public health due to the future residents of the multi family development being located directly adjacent to Chinden Blvd. a state highway; and will be detrimental to the public safety and welfare due to the anticipated burden on current infrastructure, specifically the added traffic impacts from the proposed development on Black Cat Rd. where road improvements are not scheduled until 2036-2040, and the Black Cat Rd./McMillan Rd. intersection, which aren't planned until 2028. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were received from WASD on this application that are included above in Section VIILL. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is not in the best interest of the city at this time due to the proposed density and development putting too much burden on current infrastructure and the proposed site plan not supporting centrally located integrated common open space within the multi- family portion of the development in accord with CPTED standards. B. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: Page 69 [Type here] 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds the proposed multi family development and density is consistent with the future land use map designation of MU-R in the Comprehensive Plan and is allowed as a conditional use in UDC Table 11-2A-2 in the R-40 zoning district; however,finds the proposed density will put too much burden on current infrastructure at this time until improvements are made to Black Cat Rd. to accommodate the additional traffic generated from this development. 3. That the design,construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses should not adversely change the character of the area. The City Council also finds the proposed development will adversely impact traffic and public safety in this area without improvements to Black Cat Rd., which aren't planned until 2036-2040, and the Black Cat/McMillan Rd. intersection, which aren't planned until 2028. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds the proposed use will adversely affect other properties in the area due to increased traffic and congestion. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water,and sewer. The City Councilfinds that essential public services are available to this property but that area roads cannot safely accommodate additional traffic generated from this development until improvements are made in the future. The elementary school serving this development would be over capacity. C. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: (Ord. 05-1170,8-30-2005,eff.9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372,7-8-2008, eff.7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC but is not in conformance with the Comprehensive Plan in regard to the site layout as discussed in Section IV. Page 70 [Type here] 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and are adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's Capital Improvement Program (CIP); however, Black Cat Rd., which provided access for the site isn't scheduled in the CIP to be widened from 2-lanes to 5-lanes from Chinden to McMillan until between 2036 and 2040 and the roundabout at the Black Cat/McMillan intersection isn't scheduled until 2028. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare; and The City Council finds the proposed development may be detrimental to the public health due to the future residents of the multi family development being located directly adjacent to Chinden Blvd,. a state highway, rather than adjacent to a local or collector street as desired in the Comprehensive Plan; and may be detrimental to the public safety and welfare due to the anticipated burden on current infrastructure, specifically the added traffic impacts from the proposed development on Black Cat Rd. where road improvements are not scheduled until between 2036 and 2040 and the roundabout at the Black Cat/McMillan Rd. intersection, which isn't scheduled until 2028. 6. The development preserves significant natural,scenic or historic features.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 71 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law and Order for Bradshaw Corner Subdivision (SHP-2024-0003) by Focus Engineering and Surveying, located at 735 W. Cherry Ln. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN�-' AND DECISION& ORDER In the Matter of the Request for a short plat to subdivide an existing parcel consisting of.508 acres of land,into two(2)building lots in the R-4 zoning district.,by Dennis Jordan. Case No(s). SHP-2024-0003 For the City Council Hearing Date of: October 8', 2024 (Findings on October 22"d, 2024) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 8t'', 2024, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 81h, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 8t'', 2024, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 22"d, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 8', 2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - I - 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 short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 8t'', 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years, may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-TA,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two (2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -2- Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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 October 81h, 2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -3- By action of the City Council at its regular meeting held on the 22nd day of October 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 COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 10-22-2024 Attest: Chris Johnson 10-22-2024 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 10-22-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -4- Exhibit A COMMUNITY DEVELOPMENT C��fEFIDIAN4-- DEPARTMENT REPORT o a H o HEARING 10/8/2024 Legend DATE: Project location TO: Mayor&City Council Area of impact �= City Limits FROM: Nick Napoli,Associate Planner O analysis 208-884-5533 nnapoli@meridiancity.org APPLICANT: Dennis Jordan SUBJECT: SHP-2024-0003 ,— i f @@ - Bradshaw Corner Short Plat LOCATION: Located at 735 W. Cherry Lane in part of the NE corner of Section 12, T.3N., R.1 W. pap �J I.PROJECT OVERVIEW A. Summary Short plat to subdivide an existing parcel consisting of.508 acre of land, into two (2) building lots in the R-4 zoning district. B. Recommendation Staff: Approval with conditions C. Decision Select: Approved. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -5- ILCOMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Residential - Existing/Proposed Zoning R-4/R-4 Future Land Use Designation Medium Density Residential(MDR) Table 2: Process Facts Description Details Preapplication Meeting date Thursday,June 6,2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.0 Comments Received Yes - Commission Action Required No - Access Accessed via common drive off of NW 8'Street - ITD Comments Received No - Meridian Public Works Wastewater Distance to Mainline: Available at site;Impacts or III.B Concerns:No Meridian Public Works Water Distance to Mainline: Available at site;Impacts or III.B Concerns:no See City/Agency Comments and Conditions Section for all department/agency comments received or see public record: (https:llweblink.meridianciU.org/WebLinkIBrowse.aspx?id=353052&dbid=0&repo=MeridianCiU) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -6- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. General Overview The short plat proposes to subdivide property consisting of 0.508 acres of land, into two (2)building lots in the R-4 zoning district. The proposed density of 4 units per acre is consistent with the density desired of 3 to 8 dwelling units per acre in the Medium Density Residential Future Land Use Map designation for this site. Table 4: Proiect Overview Description Details History N/A Residential Units 2 Single Family Homes Acreage .508 acre Lots 2 Buildable Lots Density 4 units/acre now- B. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing single-family home that will remain on Lot 1 and will be accessed via a new driveway wrapping around the north side of the existing building. 2. Dimensional Standards (UDC 11-2): Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. C. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan, UDC 11-3A-19): There is an existing home that is proposed to stay on Lot 1 and one (1)accessory structure on the property that is proposed to remain on Lot 2. Both structures currently comply with the setback standards in UDC 11-2A-5. However,the accessory structure will need to be converted into a dwelling unit with adequate parking or be removed from Lot 2 before the City Engineer's Signature. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 25-foot wide street buffer is required adjacent to Cherry Lane, an arterial street, and a 20-foot wide street buffer is required adjacent to 8t1i Street, collector street. This buffer should be landscaped per the standards listed in UDC 11-313-7C. The landscape plan shall be revised to extend the landscape buffer south of the shared driveway. Additionally, the landscape plan shall be revised to include boulders or decorative wall/permeable hardscape materials. ii. Tree preservation A Tree Mitigation Plan should be submitted with the final plat signature application detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-313-1OC.5. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -7- 3. Parking (UDC 11-3C): i. Residential parking analysis 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 applicant is proposing a new garage for the existing residence to meet this standard. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access to this property is provided via NW 8'Street, an existing collector street. There is a cross access easement along the west portion of Lot 2 to allow Lot 1 access to the drive serving the site. E. Services Analysis 1. Pressurized Irrigation (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. 2. 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. 3. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F. Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. III.CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat, the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 2. The short plat and landscape plan prepared by Evan J. Wood, on 08/23/2024, included in Section VI.A, shall be revised as follows: - The 20-foot landscape buffer along NW 8t1i Street shall be extended on the south side of the existing driveway. - Graphically depict public utility, drainage, and irrigation easements along all property boundaries. - Graphically depict the landscape buffer easements along NW. 8t1i Street(20 feet)and W. Cherry Lane(25 feet). - Shorten the easement for cross access to encompass the existing driveway width and add a note regarding maintenance of this easement/driveway. - Revise the landscape plan to include boulders or decorative wall/permeable hardscape materials. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -8- - Prior to signature on the plat,the applicant shall submit a new residential building for Lot 2, Block 1 to convert the existing detached garage to single family dwelling OR remove it. - Prior to signature on the plat,the applicant shall provide an updated common drive exhibit showing setbacks, fencing, building envelope, and orientation of the lots and structures. 3. Future development shall comply with the dimensional standards listed in UDC Table I1- 2A-5 for the R-4 zoning district and the common driveway exhibit in Section VI. 4. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -9- B. Meridian Public Works SITE SPECIFIC CONDITIONS= 1. Rcqucst for new Water Service cumcction andfor any changes to the existing scrvviccs will n d to be submitted For review and appro%-al by Land Developmctu_ GENERAL CONDITIONS: _ Sanitary sewer service to this developnwit is available Yia exte'nsion of existing mains adjacent to the development. Water senice to this site is available via extensive of existing mains adjacent to tlta development_ 2, All in,provrmcots coated to public life,safety and hcaltb shall be completed prior to Occupancy of the structures. W%crc approved by the City Fnginrrr,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as sec forth in UDC 11.5C-3S_ 3_ i]pgn inStallAlion of Iltc landscaping and prior to inspection by planning Department Staff, the applicant shall provide a written ccrtiticaw ofcomplction as set forth in UDC l 1-3) 14A. 4_ +l letter or credit or cash surety in the amouni or 1 101/.will be required far all incomplete fenelttZ landscaping,an=itiLn,ffre surizvd irrigation,prior to 6ignatare on the Final plat. S. The City of Meridian requires that the owner post with the City a performance surety in the am4nn1 of 125%of the focal construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item om[estimato provided by the owner io the City. The applicant shall be required to enter info a Development Surety Agreement with the City nF MLridian The Surety can be"Icd in the form of an irrmocabic letter of credit,cash dipasi t or band. Applicant must file an application for surety, which can be found on the Community Development Drpartmcut websil r,phase contact Ladd Development Scty ice far more ioformai ion Lit$ftT-221 I, 6_ The City of Meridirtn rrquires thmt the owner post to IN City a warranty Surety in the amount of 21r/o of the total construction cost for all completed wwu,and water infrastructure far a duration of two years.This surety amount will be vcriflyd by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the fonn of an irrevocable letter of credit, cash deposit or board_ Applicant musi Fite an application for surety, wJhpch care be found on Qte Community Development Depanmerit wehsite. please contact Land Development Service for moor infxarmation at 887-22 1 1. 7_ In the event that an applicant andfor owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signawre on the final plat and/or prior to ocetipctncy,a surety reement may be approved as set forth in UDC I 1-5C-3C. & It shall be the responsibility of the applicam to ensure that all dcti-vloprncnt features comply with the Americans with Disabilities Act and the Fair Housing Act_ 9. Applicam shall be responsible for app&atiork and compliance with any Section 404 Permitting that may bC required by the Armv Carps of Enjirteers. IV_ lkveloper shall coordinate tuailbox locations with the Meridian Post Office- IL_ Al I grading of the site shall be performod in conformance with MCC 1 1.1.4B. 12. Compaction test results shall be submitted to the Muidiarl building Nparrment Aw all building pads receiving engineered backfiil,where tooling would sit atop fill material_ 13_ The applicanis deSiZn engineer shall be aspnnsible for imps tinnof a]]irrigatxm andr'ur drainnge facility within this prpjcet that do not fall under the jurisdiction of an irrigatirm district or ACHD. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - 10- The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans_This certification will be required before a cenificate of occupancy is irsutd for Any StroCtures wi chi n the project_ 14. At the completion of the project, the applicant shall be responsible tU submit reeved drawings per the City of Meridian AutoCAD standards_ These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 15, Strcct light plan rcquircmerim arc listed in section 6-7 of the Improvement Standards for Strccl Lighting (httpJlwww.meridiancitg,a-glpublic_works.aspx'?id=272)_ All street lights .shall be installed at developer's expense_ Final design shall be submitted as par[of the developmem plan set for approval, which must include the location of any existing street lights_ The caniractvr-s work grid rnatrriA[s shall ermform to the ISPWC arnd the City of Meridian Supplemental Specification Lo the 1SPWC.Conu ict the City of Mmidiun TrA "etmian and Utility Cm rdinatar at M-5500 far information on the locations of existing street lighting, 16_ The applicant shalt provide easement(s)for all public waterfsewer mains outside of public right of wfty (include all water services And hydrant$)_ The casement Widths shall be 21)-feet widk far A single utility,pr 310-fret wide fpr two- The r9Wn1"1:s shall nni be dcdirmcd via the plat,butrAihLT dedicated outside the plat proccss using the-City of kle idian's standard form&The casement shall be graphically depicted ou the plat far reference purposes_ Submit an executed easement(On the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Laud Surveyor,which must include the.area of the easement(marked EXHIBIT A)and an 8 UT'x 11" mop %6th fxarings and dioan -!5 (marked EXHIBIT B) for review_ Both cxhL-bits must lee SMLrd,sigrwd and dnuvd by a PrpfesNicnal Land Sunreyror. DO NOT RECORD_ Add a nutr to the plat referencing this document. All cawrncmis must bt:submitted,reviewed,and approved prior io signature of the final plat by the City Engi nccr. 17_ Applicant shA[[ br mspemsib[r for appliCmion and camp[iance udih and NPDES permitting that may be rcquierd by the E.nvir*nramftl Protection Agency- [R. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6.)_The applicant should be required io use any existing surface ar well water for the pr[mary source_ If a surface or will source is not available, a single-point cpnmr tirm to the eulin y wawr System shall he ri--quircd_]fa Single-point cnnnrmian is utilized, the developer will be responsible for the payment of asacssmenta fox the common areas prior to development plan approval. 19_ All irrigation ditches, canals_ laterals, or drains, exclusive of natural waterways, interseet[rLZ ergssing or laying Adjacent and tusntiguoLL to the arcs being stibdivided shall[ addressed per UDC 11-3A-6, In performing such work, the applicant shall comply with Idaho{'ode 42-1207 and any other applicable law or rcgulalion, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - 11 - C. Ada County Highway District(ACHD) 4cHD Ale arin gsi Alexis Picky,Rrderrt Miranda Golerin e-Prasdent Jim Hansen,Co rnmissioner Kent Goldthorpe,Commissioner aasw MCr{rnnvy,Gommiw;moncr My 23. 2024 To; Dennis Jordan,via email Focus Engineering&Surveying 1001 N Rosario Street Meridian, IQ 83642 Subject; MPP24-00131SHP-2024-0003 735 1N Cherry Lane Bradshaw Subdivision This is a slab level approval of a preliminary prat.for Bradshaw Subdilvlsion, The Ada County Highway District has reviewed the submitted application for the preliminary plat referenced above and has determined that there are no improvements required to the adjacent streets. The proposed preliminary plat is approved without conditions. The existing location of the 28-foot wide paved curb-cut type drlveway 195-leek south of Cherry Lane should remain as is. The existing driveway is located directly outside of the influence area of the intersection of Cherry Lane and 81"Street but does not meet district Policy 7206-4.3 which requires fu16 movament driveways to be located either outside of the area of influence of an intersection or 440-feet ft4xm an intersection,whichever is greater. Due to the site's limited frontage on r Street(165-feet),the existing drivoway has been placed as far from the intersection as feasibly possible. Relocation of the drivewaywould further deviate km ACHD policy, The applicant will be required to pay all applicable platting and review fees prior to final approval. If you have any questions, please conlact me at(208)387-0591- Sincerely, KaraLeigh Troyer Planner Development Services cc: City of Meridian(Nick Napoli),via email Alan Bradshaw, via email IV.FINDINGS A. Short Plat In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - 12- 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential, the current zoning district of the site is R-4. The Council finds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. The proposed development complies with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A- 5. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; City Council finds thatpublic services will be provided and are adequate to serve the proposed lots. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; City Council finds all required utilities will be provided with lot development at the developer's expense. 4. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. 5. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. City Council is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. IV. ACTION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section V111. B. City Council: Approved. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - 13- 1 Aw LLI LU CHERRY 1 ! 3r. t = P� 0 A y�, � •\' .Y ■r 1 . ,r' r► •t: IN '� _ ��� ��•`+.`���::un■� ►+r�lrinlnlrll Innis! f'�3°�°r •` :i ' .u �r 9° C:■■■■■■w■Ipuntnllnrn 1 mn 11� r■■.• 1 �� i 08y�41.■mn■���.■� 11II : lr=__k Pf 4a■ guar■■■IIt1n11ln1llnit nnnl! �f :-�w arunn� . ■unnlur jylulllm allnnnllf uungl 1`'.'Init� ,�Palr n■umunm ■..■■�„_ ■arrunry/� wuna In111r. � SI� ■■■•■trwan■��!n•- _Y i. n��'■ ��+�1�! 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YELLOUI Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways I GREEN Transit Not within 114 of current or future transit route RED Ultimate configuration (#of lanes in master streets r Arterial Road Buildout Status GREEN plan) matches existing ( of lanes) School Walking Proximity Within 112 mile walking I GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Park Wa I ka hility No park within walking distance by park type I RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) - 19- Site Plan (date: 5/31/2024) CA Ppp ------------------- ---- -- - --- I -------------- l i � i I 11 RI �I 11 TIT 1' --------s r �d i I i � I � •^-+ SRE PL4N I •-- C3 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -20- Landscape Plan date: 8/23/2024) -- CHLKKY LANE V1d :xl 1C i nwK t nYx[xIY UW Is]Ll•Z I I--Y wwr scnFx.£ nrrmuvc �� I�l I I _f .1,..: - •"11 •• �v - .ram+��w......�.. ,r . HIP.•!�1 i t;31TM:IL:.�''.'"-Yt' ' (x� �.�—� .J�v .r . I � P� ♦ - S'.F M f [il c+,z 1•' c ..�t�,�i .• "' `f '�iirti,...:laS: .e ��_ �.w�.,�.r -1 "_' c¢iIIN[:npca FFFaFN/x N— 'IF ® FVTEFI'10E N07M SCHEDULEMIM Q Ir .b; a 10, m rxv uw wnr -- nrawm no.rcA x Lj nGIM rxe,llu[.umrwmY I . FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -21 - Preliminary Plat(date: 5/6/2024) I.I:GI:N❑ A FIN Al,PLA-[� �uq BRADSHAW CORNER , Op�„�",„� � APAIL'f IlH1'IIC N[IILi'IICASI',:IIIINY.RSiNf4Y.L:1'lllf,'1]� 1CiN'Nhlll.l NL—11,RAN—1 W CSl',![IINI:MYILIIIIAN, _ O n.�.rmr n..vzww.naaw MCILIDIAN,—L:UuNly,I WLIIII IRA YIlRYBYilR9 NAHRAIIYB !x„VS r ru m xu .�„si ua,ninrnn in no.i m w w,mr�.,v I -�••• l I I _J a —1 VJ/ �r r.wrnrx. l:llANIIC SCALL —P*US. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bradshaw Corner Subdivision—SHP-2024-0003) -22- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Luna Hospice H-2024-0012) Between City of Meridian and OverlanclHH, LLC for Property Located at 525 E. Overland Rd. ADA COUNTY RECORDER Trent Tripple 2024-059693 BOISE IDAHO Pgs=35 VICTORIA BAILEY 10/23/2024 08:02 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. OverlandHH LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 22nd day of October , 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 OverlandHH, LLC, whose address is 525 E. Overland 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 have submitted an application for annexation and zoning of 1.22 acres of land with a request for the R-8 (Medium-Density Residential) zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 27 h day of August, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and DEVELOPMENT AGREEMENT—LUNA HOSPICE AZ(H-2024-0012) PAGE 1 OF 7 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and ftom 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 OverlandHH, LLC, whose address is 525 E. Overland Road, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 2 OF 7 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The existing structure shall connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. b. Future development of this site shall be generally consistent with the site plan, landscape plan, and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. c. Future uses on the site are limited to a nursing or residential care facility. Other uses are not allowed. d. Remove both of the existing U-shaped accesses to Overland Road for this site as required by Ada County Highway District (ACHD) and City Staff per UDC 11- 3A-3. Provide cross access to both the properties to the east and west when/if they redevelop with a non-residential use in the future to reduce access points and submit a copy of the recorded easement to the Planning Division with the future Certificate of Zoning Compliance. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6) months after the date of the 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 DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 3 OF 7 necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council 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 DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 4 OF 7 UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: OverlandHH,LLC 525 E. Overland 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 DEVELOPMENT AGREEMENT-LUNA HOSPICE AZ(H-2024-00 12) PAGE 5 OF 7 recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval,or taking any other action under this Agreement. 20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property,which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the 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-LUNA HOSPICE AZ(H-2024-0012) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: OverlandHH,LLC Y: STATE OF IDAHO* County of Ada On this jAd of PLLObep 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared XIOLPA Lie known or identified to me to be the W-A ej, of OverlandR11,LLC and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 'Nosh Owens ,-��rmlssloaNurabm 20241220 (SE Nourypliblit Notary Public State of Idaho My Commission 1&J1onEXpireSt04/03/Z030 My Commission Expires: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-22-2024 Chris Johnson, City Clerk 10-22-2024 I STATE OF IDAHO ss County of Ada On this 22nd day of October 2024, before me, a Notary Public, personally appeared Robert E. Sinilson and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS NVI-IEREOF,I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: ' DF-VELOPiN4ENi'AGREEMENT—L,uNA HOSPICE AZ(H-2024-0012) PAGE 7 OF 7 EXHIBIT A May 14, 2024 Overlandhh, LLC Legal Description A parcel of land being a portion of the NE 1/4 of the NW 1/4 of Section 19, T.3N., R1 E., Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of said Section 19 thence on the north line of said Section 19 N89043'32"E a distance of 1,498.35 feet to the True Point of Beginning; thence S00013'32"W a distance of 180.00 feet; thence N89143'32"E a distance of 250.00 feet; thence N00013'32"E a distance of 180.00 feet to a point on the said north line of Section 19; thence on last said north line S89043'32'W a distance of 250.00 feet to the Point of Beginning. The above described parcel contains 44,998 Square Feet, more or less. Y Z / i LEGEND —— BOUNDARY LINE SECTION LINE ———————— EASEMENT LINE ANNEXATION EXHIBIT FOUND BRASS CAP O FOUND 5/8'IRON PIN F 0 R • SET 5/8'IRON PIN w/CAP ------ OVE RLAN D H H U-C ORIGINAL LOT LINE E3 CALCULATED POINT • EXISTING FENCE LINE A PORTION OF NE 1/4 NW 1/4, SECTION 19. 13N., R,1E. B.M., MERIDIAN, ADA COUNTY, IDMO 30 15 0 30 60 90 SCALE IN FEET LP.N.f2dN-06471 13 18 BASIS OF BEARING 18 5 B9'43'32'W 2444.35' LE� L�J�iilJ•J LPd F.Ip31)6147 250.00' 6%.00' 24 19 EAST OVERLAND ROAD 19 N. N 89'4332'E 120.00'___________ —— — — N 89_4332'E 90.00________.AwTlE6SLE -______________________________ _ 90.00'6.11'ACHO SLOPE EASEAENT,MSTR.NO.102159333 1 1 NW CORNER LOr 19,&K.2 1 i AMENDED A N GREENS IR41r NO.4 O 00 0 ANNEXATION AREA00 o 1 1 — 44.998 Sq.ft. 00 k_ 39 1.033 Ac. 1 I c1 fr1 m I �i C 1 O mIN Z v 2 ! I $ _ 1 1 •' OI I CC,21 I I j 1 5'WITNESS CORNERS POINr FALLS AV TREE A4 1 W I i i I 1 5 89.4332'W 120.01 4.6' iF�6� 4s�1� ________________________________� 117.79------- '1 2.1 % x S 89'43'32'W 90.00' ------- N 89.43'32•E 250.00' 1 1 i i , 1 � 1/ i i i REFERENCE SURVEYS AND PLATS „ 1.THE MERIDIAN GREENS UNIT NO.I. THE- M R1(l lA""•-FEE---N% „••• "1(j, 2.THE AMENDED MERIDIAN GREENS-UNIT NO.4. CERTIFICATE OF SURVEYOR I.ANTONIO A.CONTI,PLS NO. I8350•STATE OF IDAHO.DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED ON THIS PLAT WAS PERFORMED BY AE OR UNDER MY DIRECT SUPERVISION AND IS IN � 4STE CONFORMITY WITH THE STATE OF IDAHO CODES RELATING TO PLATS AND SURVEYS AND THE CORNER PERPETUATION AND FLING ACT. 1 50/ ACKERMAN ESTVOLD 7661 west Rrvel*O—,St,•.mz Carter Cly.1D 63714 N 0 6 208.853.6470 www.a<ke -eswolacon L DATE: DRAWING NO.= R24019--N 03-19-24 15:41:34 MARCH, 2024 R24019 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy AND DECISION& ORDER In the Matter of the Request for Annexation(AZ)of 1.03 acres of land with an R-8 zoning district; and Conditional Use Permit(CUP)to operate a 14-bed hospice care facility,by CivilSphere Engineering. Case No(s). H-2024-0012 For the City Council Hearing Date of: August 13,2024 (Findings on August 27,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 13, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 13,2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 13, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 13, 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(LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 13,2024, 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 and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 13,2024,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -2- E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 13,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -3- By action of the City Council at its regular meeting held on the 27th day of August 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robe"- mison 8-27-2024 Attest: � SEAL Chris John n 8-2 - 24 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. ,, By: � �� � �� ( , �1� Dated: 8-27-2024 City Clerk's Office Charlene Way, Assistant Qlty Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LUNA HOSPICE AZ,CUP-FILE#H-2024-0012) -4- E IDIAN -- STAFF REPORT .►a H o COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 13, 2024 Legend DATE: 0 Project Location TO: Mayor&City Council " 1 FROM: Stacy Hersh,Associate Planner 208-884-5533fit ; SUBJECT: Luna Hospice—AZ, CUP H-2024-0012 I LOCATION: 525 E. Overland Rd.,in the NE 1/4 of the NW '/4 of Section 19, T.3N.,R.1E. I. PROJECT DESCRIPTION Annexation(AZ) of 1.03 acres of land with an R-8 zoning district; and Conditional Use Permit(CUP) to operate a 14-bed hospice care facility. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 0.775-acre Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Residential Proposed Land Use(s) Nursing care facility Current Zoning RI in Ada County Proposed Zoning Medium-Density Residential(R-8) Phasing Plan 1 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 3/14/2024 History(previous approvals) None 1 1 1 C � 1 r•. MIS r��oa■ RIr`rt M ■J1 i■n�avu■� -� '� 1„1 ■M* ir f I♦♦♦I'!+,,- C✓+■u��rrrrr+� - �i♦Imo+r♦i ♦ 1 �■■a■■■ 1 ■■■iwunv�0 ���� �■ ��♦ �- pia■a i■uu■� ♦....:.►-1 r ►41 ♦♦Ia�i�s Bann.■■■■■r� _ �r.�►�atui � �.■■a . ■ ♦tom■■■■1'1-■ � w■■w■r w it l�1, - • - • � ���A■■R■. r Y� ILI Ills- rip'• '���� ����jr1�♦ ♦ ♦� s�♦+f�i1i■..all.■ �; I�♦Q Ilrrt�■r�aa r�r�� � , ■ OYER4AN _ ,... ■r.r ■rOi1/E A'N D +_ .CL■u p.■rrrr� � ��■+♦ M ii/ ♦1 r C:�:✓im-.urrr" +1j ♦11 r w•���Pna.�rrr■r r �� ��� i..rIj♦1♦1�.�--ppa■:ri rrrrr r: ■■t ■ ♦1♦♦♦a� -�ra.r.■■■■■■� n. tvunn r..,� � ♦♦ r- um 411 ► ■a■.■■■■q Ia t t� rl■1.�1�h�--�sir■■r.■■■■■■ ■t �►r♦Q+r 1\� .■■■■rr � ■t�C:::=' � i�fir,� Q+�r.�;�.aaan::r■■r `. t ♦I♦ {►� � f-9�\■r!r� Rr�...-. �p ate-ya �♦ {t� ..� �■■ar ♦ ♦1lral Rf, ♦♦ �♦ uu�: � •.r r w ♦AIa�1♦ ♦1! / �r♦ Puu■■ ■ r.■r�♦I !f i ` ♦�� ■rr r>r►�a\ r■I■\I f�.1♦tllt��■iia 1I`♦11♦�+t�\...ii ■ w� I� ♦+ �. ♦rrrr■■Rr■ *���-... ��,'■� ♦ � is�■ �.♦ Qr�r■■..■ ♦1�Qa♦�I'►i+ a♦�Iri♦i♦ mn *rjrl♦♦�j a■• �-��clmri��1�f♦Nf1�♦rj*����I♦ri i♦•inn � •ffT1�y ♦ N 11� fim +r ♦♦j r unm! , f ♦♦ ♦ .♦fI�. ♦♦.m . � ♦ I�� ♦�a�r�+�ri■m a rR#rj i�� -���1� �I�1 ���1.�ri■m ♦��'�1 ♦ I ♦ ueuu_ ♦ � ��j ♦i+Irrr.��rr.afr..■..■ r■Irry�l� .•,.:,��► ►�� ♦♦ h•e:'.era-e!. r..�.■ r♦♦ trite ter•\■ u..uur�� ■ r� ♦ M+m. ♦r■ �� ♦ � r ■a■u■r ■Glru l r �j �� r��+I i • IV. NOTICING Planning&Zoning City Council Notice Dates Notice Dates Newspaper Notification 6/4/2024 7/28/2024 Radius notification mailed to 5/30/2024 7/25/2024 properties within 500 feet Site Posting Date 6/6/2024 7/25/2024 Next Door posting 5/30/2024 7/24/2024 V. COMPREHENSIVE PLAN ANALYSIS Land Use: This property is designated as Medium Density Residential(MDR)on the Future Land Use Map(FLUM) contained in the(Comprehensive Plan). This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The requested use is not for a single-family residential purpose,nursing or residential care facilities are listed as a conditional use in the R-8 zoning district. At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request an office use if the property only has frontage on an arterial street or section line road and is two acres or less in size. In this instance,no ancillary commercial uses shall be permitted. This proposed use is semi-residential and is less impactful to the transportation network due to its operational characteristics. Staff considers this use similar in terms of intensity and impact on adjacent properties. City Council has the discretion to approve the use of the property as a nursing or residential care facility in accordance with the Comprehensive Plan. Transportation: East Overland Road,which runs along the front/north side of this property,is depicted as a principal arterial street on the Master Street Map (MSM). There are no stub streets from adjacent developments to this property. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Support housing affordability, special-needs housing,ownership opportunities,and housing rehabilitation through programs administered by the State of Idaho,Ada County,nonprofits, and federal agencies'."(2.01.02E) By proposing a 14-bed nursing care facility for end-of-life care, the development diversifies special-needs housing options in the area, thereby contributing to the variety of housing needs within the City. The facility addresses a specific and essential housing need, enhancing the overall housing diversity and supporting the goal of a balanced community. • Support infill development that does not negatively impact the abutting, existing development. Infill projects in projects in Downton should develop at higher densities, irrespective of existing development."(2.02.02C) This parcel is an enclave surrounded by land already annexed into the City. This parcel, along with parcels to the east and west, is one of the only remaining parcels still in the County. The proposed development will not likely impact the existing abutting developments to the east, west, and south. • "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 provided to this property in accord with UDC 11-3A-21. • "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 is available to this property. Curb, gutter and sidewalk have been constructed along E. Overland Road in accord with UDC standards. • "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."(3.03.03A) If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Annexation and redevelopment of the subject infill parcel will maximize public services. • "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 nursing care facility will contribute to the variety of residential categories within the surrounding area as desired. The Applicant is providing 20 foot landscape buffers adjacent to residential properties to the east, west, and south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed site design provides maximum use of the land with the proposed nursing care facility and should be compatible with the existing developments on adjacent properties, which are also designated for MDR uses. • "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) Staff recommends that the Applicant provide cross/access to one of the neighboring properties to the east and/or west(Parcel#51119212410 or#51119212501)for access when/if those properties redevelop with non-residential uses in the future to reduce access points to the arterial street. VI. STAFF ANALYSIS A. Annexation&Zoning(AZ): The Applicant proposes to annex 1.03 acres of land with an R-8 zoning district to operate a 14- bed hospice facility(residential care facility), if the Commission and Council deem the use appropriate as discussed above. The site is within the Area of City Impact(AOCI)boundary and is contiguous to City annexed land to the north and south.A legal description was submitted for the boundary of the annexation area,included in Section VIII.A below. However,the annexation exhibit map does not represent the correct acreage of the annexation boundary, and one of these exhibits identify the annexation area. Staff recommends that the Applicant provide a revised exhibit map fifteen (15)days prior to the City Council hearing that accurately represents the acreage of the annexation boundary,not just the property acreage. The applicant has provided a concept plan that shows how the property is going to redevelop which includes the existing 2,472-square-foot single-family dwelling, a 2,229 square foot addition,parking and landscaping. The existing structure is required to connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. A nursing or residential care facility is listed as a conditional use in the proposed R-8 zoning district per UDC Table 11-2A-2, subject to the specific use standards listed in UDC 11-4-3-29. The specific use standards require a conditional use permit(CUP)when the use results in more than ten(10)persons occupying a dwelling at any one time,the Applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code. A CUP is requested concurrent with the annexation request(see analysis below). The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure this property develops as proposed and required, Staff recommends a DA with the provisions discussed herein and included in Section IX.A. B. Conditional Use Permit(CUP): A CUP is requested for nursing or residential care facility,as required by UDC 11-4-3-29. The proposed hospice facility will provide 14-beds to accommodate end-of-life care for residents. The Applicant plans to renovate the existing residential house and construct an addition,resulting in a of 4,700 square feet to accommodate 14 hospice care beds. Dimensional Standards: The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the proposed R-8 zoning district.. The existing garage on the west should be set back 5 feet from the west property line and 12 feet from south property line. To ensure compliance with the R-8 dimensional standards,Staff recommends that the Applicant show the required setbacks on the site plan submitted with the future CZC application. Specific Use Standards: The proposed use is required to comply with the specific use standards listed in UDC 11-4-3-29,Nursing or residential care facilities: Staffs analysis is in italics. A. General standards. 1. If the use results in more than ten(10)persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code. The Applicant is applying for a change of occupancy to accommodate 14 hospice care beds. 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare, facility standards division. B. Additional standards for uses providing care to children and juveniles under the age of 1. All outdoor play areas shall be completely enclosed by a minimum six-foot nonscalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. There are no outdoor play areas proposed for the nursing care facility. 2. Outdoor play equipment over six(6) feet high shall not be located in a front yard or within any required yard. There are no outdoor play areas proposed for the nursing care facility. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. There are no outdoor play areas proposed for the nursing care facility. C. Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation. A barrier with a minimum height of six(6) feet, along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code. There is an existing wood fence that runs along the south boundary of the property, a vinyl fence along the west side, and a chain link fence along the east side of the property. Staff recommends that the Applicant install 6 foot fencing around the area where patients will access outdoors in accordance with UDC 11-3A-7and include the fencing on the plans submitted with the future CZC application. Access: Access is provided via E. Overland Road,an arterial street,via a fully improved"U" shaped driveway. Another existing 22-foot wide curb cut for a shared access drive onto Overland Road located at the site's east property that aligns with the Western States Cat Equipment driveway on the north side of Overland Road(refer to below figure). ACHD provided the following Site- Specific Conditions of Approval below: k21121-0223.. I 0 MEflIN1AN GRf£N����141E '03 �llNli NO tl'6AMN MERIDIAN Q A. Site Specific Conditions of Approval 1. Repair or replace any damaged or deficient transportation facilities on Overland Road abutting the site, as determined by ACHD staff, and consistent with the current version of PROWAG. 2. Use one of the existing driveways located as follows. A 46-foot wide shared access driveway located at the site's east property line (22-feet located onsite and 24-feet located on the adjacent parcel to the east)- 0 r do A 12-foot wide driveway located 276-feet east at V Way (measured centerline-to- centerline), 3. Reconstruct the driveway chosen to be used(location listed above Site Specific#2)as a curb return type driveway with a maximum width of 30-feet and provide an on-site turnaround to prevent backing onto Overland Road. If the applicant chooses to use the driveway located at the site's east property line, then the applicant shall not modify the portion of the driveway that exists offsite on the parcel to the east. This driveway is approved as a temporary full access and may be restricted with a median at any time as determined by ACHD. 4. Close the existing 40-foot wide driveway located 375-feet east of 31 Way with vertical curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side. 5. Close either the 22-foot wide portion of the shared access driveway located at the site's east property line (the applicant shall not modify the portion of the driveway that exists offsite on the parcel to the east)or close the 12-foot wide driveway located 270-feet east of 31 Way with vertical curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side. 6. It is recommended that City of Meridian require the applicant to grant cross access to the parceI(s) to the east(S1119212501)and/or the west(S1119212410). 7. Other than the access specifically approved with this application, direct lot access is prohibited to Overland Road_ This property and the adjacent properties to the east and west only have access to an arterial street(i.e. Overland Road).Therefore, Staff recommends that the Applicant provide cross access to the property to the west and east(Parcels#S1119212410 and S1119212501)for interconnectivity when/if they redevelop with a non-residential use in the future to further reduce access points to the arterial street in accord with UDC 11-3A-3A.2. A copy of the recorded easement shall be submitted to the Planning Division prior to Building Permit submittal. Staff recommends that the Applicant close off the existing U- shape accesses off Overland Road and coordinate with Staff to revise the site plan to construct the shared access on the east boundary(22-feet in width)to be shared in the future by the adjacent property. Furthermore,the Applicant should also stub a 20-foot drive aisle to the property to the west for future interconnectivity.NOTE: the access to the west may be unlikely because the adjacent property owner has just completed a recent remodel and intends to remain living in the residence for quite some time. Pedestrian Walkways: A 7-foot wide attached sidewalk exists along E. Overland Road. Detached sidewalks are required along arterial streets per UDC 11-3A-17;however,because the existing sidewalk is in good condition, Staff doesn't recommend it's reconstructed as a detached sidewalk. Both ACHD and Staff recommend replacing the existing accesses on Overland Road with 7-foot wide attached concrete sidewalks to tie into the existing improvements on either side. A sidewalk is proposed on the north side of the new building adjacent to parking that appears to be 7 feet in width. If wheel stops are not provided in parking spaces abutting a 5-foot wide area to prevent vehicle overhang,the sidewalk should be widened to 7-feet in accord with UDC 11-3C-5B.4. If the sidewalk is 7-feet,the length of the parking spaces may be reduced to 17-feet if desired. Additionally,the Applicant is proposing a sidewalk around the existing building leading to the entrance. The Applicant should depict measurements of the sidewalk on the plans submitted with the future Certificate of Zoning Compliance(CZC) and Design Review(DES)application. The sidewalk should be a minimum of 5 feet in width in accord with UDC 11-3A-17A. Pedestrian walkways: Furthermore,the proposed plan does not include a pedestrian walkway that will run from the main building to the sidewalk along E. Overland Road per UDC 11-3A19.13.3. Where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The site/landscapeplan submitted with the Certificate of Zoning Compliance application should reflect compliance with this standard—the proposed striping of the crosswalk is not an approved material and should be revised to comply with this standard. Landscaping: A 25-foot wide street buffer is required along E. Overland Road., an arterial street, landscaped per the standards listed in UDC 11-3B-7C. The landscape plan depicts a buffer with the required number of trees and plantings in accord with UDC standards. Staff recommends that the Applicant install additional landscaping within the 25-foot buffer in place of both of the existing U-shaped driveways to be removed. Therefore, Staff recommends that the Applicant applies for Alternative Compliance concurrent with the future CZC application for the required 25-foot landscape buffer along Overland Road. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten(10)percent of the depth of the lot per UDC 11-3B-7.C.1c. 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 applicable zoning district. r ou�acavp Ro,� G Gee 40 ® • goo*oo®oo•oc _ • �1j ) i Landscape Buffers to Adjoining Uses: Although the Applicant is not required to provide 20- foot landscape buffers adjacent to residential uses per the UDC code, Staff recommended that the Applicant include 20-foot landscape buffers for the proposed hospice facility. The existing detached garage and driveway encroach into the landscape buffer on the west side of the site. Staff is amenable to this encroachment, as it provides additional screening.However, the garage should be setback 5-feet from the property line to meet the dimensional standards in the R-8 zoning district. Additionally,the buffer is not required along a portion of the east boundary to facilitate cross-access with the adjacent property. Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. The parking lot landscaping appears to comply with this standard. Mitigation is required for existing healthy trees 4"caliper and greater that are removed from the site as set forth in UDC 11-3B-IOC.5. There are 20 existing healthy/non-healthy on the site totaling 394 caliper inches, 8 of which,totaling 138 caliper inches,are proposed to be removed— these require mitigation. The other eight(12),totaling 310 caliper inches,are proposed to be preserved and protected on the site—these trees are proposed to be counted toward the mitigation requirement. Existing trees retained on the site may count toward required landscaping equally towards the mitigation of calipers lost from other removed trees; Mitigation trees are in addition to all other landscaping required by this article. The submitted landscape plan appears to comply with this standard. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required per 0.5 beds provided. Based on the proposed 14 beds, a minimum of 7 parking spaces are required.A total of 7 parking spaces are proposed,meeting the minimum UDC standards. A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is shown on the plans submitted with this application. A detail of the bicycle rack should be included on the plans submitted with the future CZC application. Fencing(UDC 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A- 7. Fencing exists around the perimeter of the site;there is an existing wood fence that runs along the south boundary of the property,a vinyl fence along the west side, and a chain link fence along the east side of the property. Staff recommends that the Applicant install 6-foot fencing around the area where patients will access the outdoors and include the fencing on the plans submitted with the future CZC application. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Waterways(UDC 11-3A-6): There are no existing waterways that cross this site. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to the development as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-I8):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Building Elevations: Building elevations were submitted for the proposed new building addition as shown in Section VIII.D. Final design of the structure is required to comply with the design standards listed in the Architectural Standards Manual(ASM)for residential. Certificate of Zoning Compliance/Design Review: A Certificate of Zoning Compliance(CZC) and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of building permit application(s). The application materials should be updated as necessary to comply with the conditions contained in Section IX. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation&zoning and conditional use permit applications with the provisions included in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 20,2024.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Claire Smarda, CivilSphere Engineering,Alyssa Blakely,Luna Hospice Administrator b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Bill Parsons, Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission: a. Concerns with access for emergency services 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. Add a Development Agreement Condition to approve the nonconforming structure (garage)remaining on the site. C. The Meridian City Council heard these items on August 33.2024. At the public hearing.the Council moved to approve the subject Annexation and Conditional Use Permit requests. 1. Summary of the City Council public hearing: a. In favor: Carmen Weber,Weber Design Studio&Albert Lieu. Owner b. In opposition:None C. Commenting: Rodney Brody d. Written testimony:None e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Concerns with Meridian Greens Subdivision irrigation pipe residing on this property. 3. Key issue(s)of discussion by City Council: a. Concerns with tobacco usage from employees negatively impacting the surrounding residents. b. Council would like to see the irrigation issues resolved with Meridian Greens Subdivision prior to occupancy of the building. 4. City Council change(s)to Commission recommendation: a. The Applicant shall provide a revised annexation exhibit map prior to Council adopting the ordinance. b. The Applicant shall provide a letter of acceptance from the Meridian Greens Homeowner's Association confirming the agreement regarding the use of irrigation water to meet the needs of both the homeowner's association and the Applicant prior to issuance of CZC. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map May 14, 2024 Ovedandhh,LLC; Legal Descriplion A Parcel of land being a portion of the NE 114 of lhe WW 1f4-of Seclian 19. 7-.3N., R1 E. Boise Meridian, City of Meridian,Ada County, Idaho, rnoro particularly described as follows: Urnmentmg at line northwest comer of said Section 19 thence on the north line of said Section 19 N89°43'32"E a distance of 1,490.35 feet talhe True Point of Beginning; thence 80001 3'32 W a distance of 180.00 feet; Hience N89143'32"E a distance of 250.00 feet;thence NOV 13'32"E a distance of 180.00 feel to a point on the said north line of Section 19;thence on last said north line 589°43'32'W a distance of 250.00 feet to the Point of Beginning. The abovedescriibed parcel contains 4d,998 Square Faol, mre or less- RE( Lf PlkgtA W SU"EY Mi.J3at LEGE#JO N5rRWPkT Np miY-pr 41 14. p .rem RECORD OF SUl2VEiY WLWYE'1'Vllrs KOIR A-n eE FOR H /7 -:�inw�A.�era s'a .... LtliYL LPT VR e"YwlN�4.. .. M-r��•rsr..� r [Y OLrW R1! ..n r. ,.ten. cuYx¢rills x A P4 IF E 1/4 M 1/k WM ri IX RE UL wmw AM cwm MR w r 1 n u w 13 b; Erne d KMIYC i ir43F— I, UST UYS4tMA 0.tiW Y E M•n'R I CK:_ .r•.m..r:.��.ro-lY w rrenn " a f h � T: UM',w TTcn sly N.M 4F4 I tr{—T-1 �k I __ f nroa•�b88d• n r n r i![COR6'KR`i CK R7IFIGA TK f f oAT[�ew Y w mew mranr TNT -CFli.Z.. 0 - If:l 1 y.r..n1a mp}rr Tarr IiKG[ -114 /IIZ 41IYli■Iow al Tc'JN Y r .T��.�� ..Wrr CERTIFICATE OF SURVEYOR n.#i.. I,Yrtaea enln,wa Ml ma,If.n Q ala.[O�T _. iA1+r W r nE M.I*�ry ai rr.fir W rnrum■.r a IICQ rf em El�r�al uo�Y �arrms rse+n•r—p.�Al"twQT1rw8..N! YihII..irr�k4I f!r ttl'YYT M1 M IIT[Y GYtl it[LI mTi.F T01i Y.1 1VIF 4 ru�.u�`i+rar`�.W rn.•.��.4 k4r . ry urril v,.r err n...��.r.rr. M"ORDNG NMX MO.PII-I�--F4-04^b004 I.x. .r/W@Ol,2E�4 nR394814 B. Revised Site Plan(dated: O-aL/2J4 LEGEND 10,-7 i 0- L61 9 ---- ---__—_sera -- ----------------------------------- ---------------------- - ----------- 0 ------- --- ---------------------------------------- ------------ ----- A F1 Z U.-Z -------------- ----------------------------------------------------- ----------------------------- ----------- ---------------------------------------------------- -------------------------------- SPI.0 C. Revised Landscape Plan(dated: 7/24/2024 I t9 u OEM- 4 ------- --- ---------- F tj T989 r-x -%-14 gt--N ��f-GiG�/l11/O��rMs rR?i�TIN1�lMTCIV L+�•G'�G+.�i 4�OR•C �^���� -.max.-._. �+ ..,.w...,-.. � �m"...�...�...-....,.��...," �M1�SGAPE P—.4M1 _ "RSG"sG'""'•�• � � arAry a'�'S��a,N -w;,x�x-�s. v.��e rea•e-�a�r n,crro- ^^' k :.��: rw:.,;x=:r'��•��_ . rp-.�,p.,,"...ro.,-..�� J�AS,..�1�irR:u,��,�L�.. — -- .77 Y<.�=.:�. ,yea. ir �;.�z.�raa,::�-Y x�: ��r,3c,n�:r.:.�.-�.st�••^•-_.rw m ffdN� -�-• —a- _-.—. �. a ___._.-.. CZCl CiP 9�MRL11 - L1.2 £OVER-AA9 ROA0 m 4#: E .. • z . t .=2 ��} ��c ■ o•�- f � � ga� . - � �£-.. 1cLC °IS zy . . .wv _ � •�� .�. � - - - -- - ' D. Cocpmg Building Elevations - r ■��� > _ � A-6 \ Gl o � H A _7 ..8 as IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Annexation&Zoning Revise the Exhibit map in Section VIII.,Exhibit A to accurately represent the acreage of the annexation boundary 15 days prior to City Council adopting the ordinance. Hearing. 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. The DA shall, at minimum, incorporate the following provisions: a. The existing structure shall connect to City water and sewer service within 60 days of annexation and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. b. Future development of this site shall be generally consistent with the site plan, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. c. Future uses on the site are limited to a nursing or residential care facility, other uses are not allowed. d. Remove both of the existing U-Shape accesses to Overland Road for this site as required by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties to the east and west when/if they redevelop with a non-residential use in the future to reduce access points and submit a copy of the recorded easement to the Planning Division with the future Certificate of Zoning Compliance. 2. Conditional Use Permit 2.1 Compliance with the standards listed in UDC 11-4-3-29—Nursing or Residential care facilities,is required. 2.2 Compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district is required. 2.3 The site/landscape plan shall be revised as follows: a. Remove both of the existing U-Shape accesses to Overland Road for this site as required by ACHD and City Staff per UDC 11-3A-3. Provide cross/access to both the properties to the east and west when/if they redevelop with a non-residential use in the future to reduce access points and submit a copy of the recorded easement to the Planning Division with the future Certificate of Zoning Compliance. b. All sidewalks to and around the building shall be a minimum of 5-feet in width per 1I- 3A-17A. c. Either depict wheel stops in the parking spaces on the northeast side of the building abutting the 5-foot wide section of sidewalk to prevent vehicle overhang or widen the sidewalk to 7 feet to accommodate vehicle overhang as set forth in UDC 11-3C-5B.4.If 7-foot wide sidewalks are provided to accommodate overhang, the length of the parking spaces may be reduced to 17 feet if desired. d. Include evergreen trees within the perimeter buffers to residential uses as set forth in UDC 11-3B-9C.1 a. e. The Applicant shall install additional landscaping within the 25-foot buffer in place of both of the existing driveways to be removed. £ Apply for Alternative Compliance with the concurrent CZC application to reduce the 25- foot landscape buffer along Overland Road,due to the facilities encroaching within the buffer to the west,and to provide access to the existing garage,in accordance with UDC 11- 3B-5. g. Replace the existing U-shape accesses on Overland Road with 7-foot wide attached concrete sidewalks to tie into the existing improvements on either side. h. Construct a 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance;where pedestrian walkways cross vehicular driving surfaces,they're required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. i. Depict the interior side and rear setbacks on plans submitted with the future CZC application to ensure compliance with the dimension standards for the R-8 zoning district. j. Install a 20-foot wide landscape buffer along the south boundary in accordance with the standards set forth in UDC 11-313-9C; except in the location where the existing garage will remain. k. A detail of the bicycle rack should be included on the plans submitted with the future CZC application. 1. Install fencing around the area where patients will access outdoors in accordance with UDC 11-3A-7 and UDC 11-4-3-29. m. Existing trees retained on the site shall be preserved and protected as outlined in UDC 11-3B-10. 2.4 The Applicant shall provide a letter of acceptance from the Meridian Greens Homeowner's Association confirming the agreement regarding the use of irrigation water to meet the needs of both the homeowner's association and the Applicant prior to issuance of CZC. 2.5 A Certificate of Zoning Compliance application shall be submitted for the proposed use and site improvements that comply with all UDC conditions and the provisions contained herein. 2.6 A Design Review application shall be submitted for the proposed addition to the existing structure that demonstrates compliance with the design standards listed in the Architectural Standards Manual.New construction must share at least three similar accent materials, field materials, or other architectural feature of a building within 150-feet of the property(ASM Goal 1.213). 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 asset forth in UDC 11-5B-6F. B. PUBLIC WORKS DEPARTMENT https://weblink.meridianciN.oLvlWebLinkIDocView.aspx?id=348143&dbid=0&repo=MeridianC Lty C. KUNA SCHOOL DISTRICT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=348150&dbid=0&repo=MeridianC hty D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments received. E. IDAHO TRANSPORTATION DEPARTMENT(ITD) hgps://weblink.meridiancity.oLv WebLink/DocView.aspx?id=348840&dbid=0&repo=MeridianC iv F. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.oLv WebLink/DocView.aspx?id=350386&dbid=0&repo=MeridianC iv X. FINDINGS A. Annexation (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; Council finds the Applicant's request to annex the subject property with an R-8 zoning district for a nursing or residential care facility is consistent with the Comprehensive Plan as noted in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the map amendment and associated development is consistent with the regulations outlined for the district and the purpose statement of the residential districts in that it provides for the service needs of the community. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed use should be compatible with adjacent existing residential uses in the vicinity. 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 Council finds City water and sewer service is available to be extended to this development. The provision of a nursing or residential care facility in this area will assist in providing for the needs of the community in this area of the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the city. B. Conditional Use (UDC 11-513-6) 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. Council finds the site is large enough to accommodate the proposed use and meets all dimensional and development regulations of the R-8 zoning district including the buffers to residential uses along the west, east, and south boundaries of the site. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use will be harmonious with the Comprehensive Plan and in accord with UDC standards. 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. Council finds the design, construction, operation and maintenance of the proposed use should be compatible with adjacent residential uses and with the existing and intended character of the vicinity and will not adversely change the essential character of the area if the Applicant complies with the conditions in Section IX. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IX of this report. 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. Council finds the proposed use will be served by essential public facilities and services as required. 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. Council finds the proposed use 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. Council finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 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) Council finds the proposed use 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. 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: master Fiber Optic Facilities Permit with Ada County Highway District (ACHD) ADA COUNTY HIGHWAY DISTRICT MASTER FIBER OPTIC FACILITIES PERMIT ACHD Contact Person: 1301 N. Fiber Inspection Orchard St. Coordinator— Suite 200 Development Review ACHD Boise, Idaho Name: Robert Warner ZV&SHconnectingyou to more 83706 1301 N. Orchard St. Phone (208) Suite 200 387-6280 Boise, Idaho 83706 Phone:(208) 387-6215 Date of Permit: Permit No. FOC24-0004 I. PERMITTEE INFORMATION This permit is granted to: Permittee Contact Person: Dave Tiede City of Meridian Phone: 208-489-0496 Email: dtiede meridiancity.org IL FIBER OPTIC PROJECT AND APPROVED FIBER OPTIC FACILITIES Location of Permittee's Fiber Optics: Permittee's existing Fiber Optics Facilities are identified, described and depicted in Exhibit "A" which shall be updated from time to time to reflect each of Permittee's Fiber Optics Projects that are permitted by ACHD under its permitting processes beginning on and after the date of this Permit and which is, and subsequent updates thereto shall be, attached hereto and incorporated herein by reference. Approved Fiber Optic Facilities: Facilities and Improvements, Planned Location,Variance, Actual Location The approved Fiber Optic Facilities are those facilities and improvements identified and described in Exhibit "A" which shall be updated from time to time to reflect each of Permittee's 1 (Rev. 04/29/2024) Fiber Optics Projects that are permitted by ACHD under its permitting processes beginning on and after the date of this Permit and which is, and all subsequent updates thereto shall be, attached hereto and incorporated herein by reference. The approved Fiber Optic Facilities shall be located within their designated corridor in the approximate planned location depicted on Exhibit "A" and in compliance with applicable ACHD policies, standards and specifications and where placed underground, shall have a depth of cover of between thirty inches (30") and thirty-six inches (36")unless otherwise directed by ACHD. Fiber Optic Facilities may be located outside of their designated corridor only upon submission of written statements of concurrence by each utility within the target corridor and only upon the granting of a variance by ACHD, in its sole and complete discretion. Within thirty (30) days of the conclusion of a Fiber Optic Project occurring after the date of this Permit, and within thirty (30) days of any modifications or relocations of the Fiber Optic Facilities, Permittee shall provide ACHD with information acceptable to ACHD showing the actual, new location of the approved Fiber Optic Facilities in the public right-of-way during the term of this Permit, including the beginning, end and angle points of the fiber optic facilities and the Permittee shall detail the location and size of vaults, splice boxes and other facilities installed as a part of the Fiber Optic Facilities. At a minimum, the depth shall be provided at the beginning and end of the installation and at each vault or splice box installed as a part of the Fiber Optic Facilities. The acceptable format is as a shapefile with attributes for aerial vs buried, or a separate shapefile for each type. Make sure to include the Fiber Permit Number for the project or the Job/Permit ID if it doesn't have one. Permittee shall clearly mark or otherwise identify the Fiber Optic Facilities that it believes to be "critical infrastructure"; the disclosure of information concerning which, it believes, is reasonably likely to jeopardize the safety of persons, property or the public safety. Failure to timely provide the required actual location information by the method described herein shall result in immediate termination and revocation of this Permit and ACHD shall not grant any other permits to Permittee in the future and until such time that the Permittee has remedied the failure by providing the required information. Permittee shall be a member of Digline, Inc. III. USE OF RIGHT-OF-WAY Permittee is allowed to encroach upon a portion of the public right-of--way in Ada County, for the sole and limited purpose of the installation, construction, operation, repair and maintenance of the Fiber Optic Facilities identified, described and depicted in Exhibit"A". Permittee understands and agrees that it may be required to remove and/or relocate the Fiber Optic Facilities if a need for this portion of the public right-of-way is required for a public use. Costs associated with the removal and relocation of the Fiber Optic Facilities will be borne by Permittee at no cost to ACHD. This Permit is not an exclusive right to use the public right-of- way; is not intended to preclude access to adjacent and abutting properties; and is subject to any existing easements of record or in use. 2 (Rev. 04/29/2024) Permittee acknowledges that the subject real property is a public right-of-way and Permittee waives any claim to ownership of the right-of-way whether in fee, adverse possession or any other right, title or interest therein, other than established pursuant to the terms of this Permit. This Permit does not extend to Permittee the right to use the right-of-way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the right-of-way has been opened as a public Highway (as used in this Permit the term "Highway" is as defined in Idaho Code § 40-109(5)) Permittee's authorized use is subject to the rights of the public to use the right-of-way for Highway purposes. Permittee's authorized use is also subject to the rights of holders of easements of record or obvious on inspection of the right-of-way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. Permittee expressly acknowledges and agrees that the permit granted herein is temporary and merely a permissive use of the ACHD right-of-way pursuant to the terms of this Permit. Permittee assumes the risk that the permit granted herein may be terminated before Permittee has realized the economic benefit of the cost of installing, constructing, operating, repairing, or maintaining the Fiber Optic Facilities, and by signing and accepting this Permit, Permittee hereby waives and estops itself from asserting any claim, including damages or reimbursement, that the permit is in any way irrevocable because Permittee has expended funds on the Fiber Optic Facilities and the Permit has not been in effect for a period sufficient for Permittee to realize the economic benefit from such expenditures. Permittee agrees and acknowledges that ACHD may pass an ordinance or resolution that modifies the terms and conditions of this Permit and that imposes additional rules and regulations regarding the Fiber Optic Facilities. Upon passage of such ordinance or resolution, Permittee may terminate this Permit and the use allowed hereunder upon 90 days notice to ACHD. IV. DESIGN OF FIBER OPTIC FACILITIESAMER The Permittee shall be responsible for preparing and obtaining the plans/designs for any future projects as requested by Permittee and as permitted by ACHD permitting processes. Additional conditions: All designs/plans prepared and obtained by the Permittee will comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction ("ISPWC") including ACHD's supplements to the ISPWC; (ii) the American Association of State Highway and Transportation Officials ("AASHTO"); (iii) all adopted ACHD rules, regulations, and policies; and (iv) all state and federal laws. ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Fiber Optic Facilities. 3 (Rev. 04/29/2024) Permittee shall be solely responsible for all design costs for the Fiber Optic Facilities. V. CONSTRUCTION OF FIBER OPTIC FACILITIES Permittee is solely responsible for the construction and inspection costs of the installation of the Fiber Optic Facilities, as described and referred to in this Permit. The Permittee will be solely responsible for the coordination with and the relocation of any utilities required in connection with the placement, incorporation, or construction of the Fiber Optic Facilities. Additional conditions: (1) The Permittee will not allow any liens to attach to any right-of-way, improvements, or other property of ACHD as a result of any labor performed or materials supplied in connection with the construction of the Fiber Optic Facilities. (2)The Permittee shall be responsible for obtaining all permits required by ACHD in connection with any construction of the Fiber Optic Facilities. (3) All Construction of the Fiber Optic Facilities shall be in accordance with the designs or plans approved by ACHD. (4) All construction by the Permittee shall comply with (i) established engineering standards, including the Idaho Standards for Public Works Construction ("ISPWC") including ACHD's supplements to the ISPWC; (ii) the American Association of State Highway and Transportation Officials ("AASHTO"); (iii) all adopted ACHD rules, regulations, and policies; and(iv) all state and federal laws. VI. MAINTENANCE OF FIBER OPTIC FACILITIES At its sole cost and expense, Permittee shall maintain the Fiber Optic Facilities in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Permittee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of- (i) the performance by Permittee of the maintenance required by this Section VI, or the failure or neglect to perform such maintenance; and/or (ii) Permittee's design, installation or use of the Fiber Optic Facilities, regardless of cause; at its sole cost and expense Permittee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Permittee shall fail or neglect to commence such correction and restoration within thirty days 4 (Rev. 04/29/2024) (30) of notification thereof, ACHD may proceed to do so, in which event Permitee agrees to reimburse ACHD for the actual costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. Notwithstanding the provisions of the preceding paragraph, should an emergency exist related to the Permittee's use of this Permit which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Permittee necessary emergency repairs. It is agreed that upon the termination of this Permit, Permittee will be allowed to abandon its Fiber Optic Facilities in place. In the event the Permittee fails to replace, repair, maintain, and care for the Fiber Optic Facilities in a manner that causes harm to the ACHD right of way, ACHD shall, in addition to the foregoing and in addition to any other recovery in law or in equity, have the following remedies, provided that ACHD first gives the Permittee thirty (30) days notice and the Permittee fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Fiber Optic Facilities, and the Permittee shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove the Fiber Optic Facilities, and the Permittee shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any further Fiber Optic Facilities Permits or any other permits to Permittee until the Permittee complies with the conditions of the Permit. In addition, in the event of an emergency caused by the Permitee's failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and the Permittee shall reimburse ACHD in full for all associated costs. VII. TERM This Permit shall be perpetual, until terminated or revoked pursuant to the provisions of this Permit. Permittee agrees at the termination or revocation of this Permit, and upon the request of ACHD, Permittee will abandon its Fiber Optic Facilities in place. Permittee agrees that should Permittee not remove the Fiber Optic Facilities in the public right- of-way at the termination of this Permit, that Permitee hereby disclaims any interest or title to the Fiber Optic Facilities left on the property after the expiration of the term of this Permit, and all Fiber Optic Facilities left on the property after the termination of this Permit will pass to ACHD at no cost to ACHD. 5 (Rev. 04/29/2024) VIII. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned on the Permittee's compliance with the terms and conditions of this Permit and all applicable ACHD policies, standards and specifications and all certifications made by the Permittee pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and all ACHD Ordinances in effect as of the date of issuance of this Permit and those that may be adopted after the issuance of this Permit (the "Applicable Law"). In the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of the Permittee or of ACHD in connection with this Permit are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of the Permittee set forth in this Permit shall still be applicable. 3. If any portion of the ACHD right-of-way (including without limitation any portion of the right-of-way and ACHD personal property therein) is damaged as a result of Permittee's action or inaction with regard to the construction, operation, and/or maintenance of the Fiber Optic Facilities or the failure or neglect to construct, operate, and/or maintain the Fiber Optic Facilities, then the Permittee shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Permittee or its successors or assigns shall fail or neglect to commence such correction and restoration within twenty- four (24) hours of notification thereof, ACHD may proceed to do so, in which event Permittee shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. The Permittee shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever directly resulting from the Permittee's failure to comply with any provision of this Permit. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 5. Permittee may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, the Permittee shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Permittee of any duties or obligations of this Permit in any way. 6 (Rev. 04/29/2024) 6. The Permittee will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Permittee, its agents, or contractors related to or in connection with the Fiber Optic Facilities and the exercise of any privileges or performance of any obligations by the Permittee pursuant to the terms of this Permit. The Permittee's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event of a Permittee's failure to comply with the terms and certifications of this Permit and/or the Applicable Law, the Permittee shall be solely responsible for all costs, damages, expenses, including without limitation all attorney fees, incurred by ACHD. The Permittee's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 8. In the event the Fiber Optic Facilities will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue the Permittee an amended or an additional Permit to perform such work. 9. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Fiber Optic Facilities. ACHD will use its best efforts to provide at least ninety (90) days advance notice to Permittee of any anticipated actions within the Highway or public right-of-way that would be likely to cause a relocation, modification, or other adaptation of any of the Fiber Optic Facilities, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Fiber Optic Facilities. If ACHD ultimately determines that any part of the Highway or public right-of-way must be relocated, reconstructed, removed, or redesigned, then Permittee, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Fiber Optic Facilities, as required by ACHD, which shall be accomplished by Permittee according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Permittee may also elect to remove all or a part of the Fiber Optic Facilities in lieu of any relocation, modification, or adaptation. Permittee assumes any and all costs of itself and ACHD relating to any future relocation of the Fiber Optic Facilities. 10. ACHD shall at all times have the right to revoke this and any other Permit granted to the Permittee to access the Highway or public right-of-way. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case the Permittee shall reimburse ACHD fully for all associated costs. 11. This Permit shall be revocable and/or cancelable by ACHD by providing written notice to the Permittee upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by the Permittee is false or inaccurate in any manner; ii a 7 (Rev. 04/29/2024) determination by ACHD that the Permittee has failed to comply with any term or provision of this Permit; (iii) a determination by ACHD that the Permittee has failed to replace, maintain, and/or care for the Fiber Optic Facilities, as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide the Permittee with thirty (30) days notice of the issue and an opportunity to comply prior to exercising such rights. 12. All exhibits and any addenda to this Permit are incorporated herein. 13. Permittee may delegate any of its responsibilities hereunder to any third party, provided, however, that Permittee shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit. Such delegation shall not, in any way, abrogate ACHD's rights under the terms of this Permit and/or Applicable Law. 14. CERTIFICATION OF ANTI-BOYCOTT AGAINST ISRAEL. Permittee certifies in compliance with Idaho Code § 67-2346, the "Anti-Boycott Against Israel Act" (the "Act"), that it is a "company" not currently engaged in, and will not for the duration of this Permit, engage in a "boycott" of goods or services from the "state of Israel" or "territories under its control" as those terms are defined in the Act. This provision does not apply to the following Permits: 1. Those with a total potential dollar value of less than $100,000; or 2. Those with any Permittee having less than 10 employees at the time of execution of this Permit. 15. GOVERNMENT OF CHINA PROHIBITION CERTIFICATION. Permittee certifies in compliance with Idaho Code § 67-2359, prohibiting public entities in Idaho from entering into contracts with companies owned or operated by the "government of China", that it is a "company" not currently owned or operated by the "government of China" and that it will not for the duration of this AGREEMENT, be owned or operated by the "government of China" as those terms are defined in Idaho Code § 67-2359. 16. SPECIFIED INDIVIDUAL OR COMPANY BOYCOTT PROHIBITION CERTIFICATION. Permittee certifies in compliance with Idaho Code § 67-2347A, that it is a"company"not currently engaged in and will not for the duration of this Permit engage in, a "boycott", as those terms are defined in Idaho Code § 67-2347A, of those certain individuals or companies described in Idaho Code § 67-2347A. This provision does not apply to the following Permits: Those with any Permittee having less than 10 employees at the time of execution of this Permit and where the agreement has a dollar value of less than $100,000. 17. This Permit is conditioned upon the signature of ACHD and the Permittee below. IX. PROJECT SCHEDULING AND RESTORATION The Permittee shall, within 2 weeks from disturbance, restore all landscape areas within ACHD right of way to an as good or better condition before continuing unless otherwise directed by ACHD. 8 (Rev. 04/29/2024) The Permittee shall, within 3 weeks from the time of disturbance restore all hard surface areas within ACHD right of way in accordance with the most recent approved version of the ISPWC and all applicable ACHD standards before continuing unless otherwise directed by ACHD. The Permittee shall, ensure that cleanup and restoration is ongoing to provide the orderly and efficient completion of the activity and to protect against public inconvenience, nuisance, and hazard. The Permittee shall notify all effected residents and businesses at least 48 business hours before starting work. Permittee shall place a sandwich board or other ACHD approved signage at both ends of the project location or at the entrances of neighborhoods whichever fits the circumstances stating the fiber company name and contact information. The contact must be a representative employed with the fiber company or a designated public relations firm under contract with the fiber company. X. SUSPENSION In the event that Permittee's construction, installation, operation, maintenance, and control of Permittee's Fiber Optic Facilities installed in or on the public right-of-way fails to comply with all applicable federal, State, and District technical specifications and requirements and all applicable State, District and local codes or this Permit related to the construction, installation, operation, maintenance, and control of Permittee's Fiber Optic Facilities installed in or on the public right-of-way, ACHD may, in its sole discretion, and upon five (5) days written notice, suspend approval of any additional permits and such suspension shall remain in effect until District is satisfied that the non-compliance described in the written notice has been corrected to ACHD's full and complete satisfaction. SIGNATURES This Fiber Optic Facilities Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: 9 (Rev. 04/29/2024) The person signing below represents that he or she has the authority on behalf of ACHD to issue this Permit and bind ACHD to the terms set forth herein. /:"? A By�`Christy Little Its: Ll T)i�ctnr—T7PVP1nrmPnt and Technical �enTi�ec �aa � Acceptance/certification by Permittee: The person signing below represents that he or she has the authority on behalf of the Permittee to accept and agree to the terms of this Permit and bind the Permittee to the terms set forth herein. �Ao �4-- By: Ro ert E. imi on 10-22-2024 Its: Mayor ATTEST:aL r" 3xj 4 Chris Johnso , City L4 10-22-2024 10 (Rev. 04/29/2024) EXHIBIT A FACILITIES IN THE RIGHT-OF-WAY Map of Fiber Conduit Banbury Go If Club J I I e Creek P I ry Ln .. t i FL - - NORTHEAST � HA M PA I y I `t — r� lI'' Map Legend I Exic[ing Meridian Fiber RoadgNo Existing Fiber \ 1 Meridian City Limit y A—of Cky Impad t�4 � l LL_ [ E IDIA1 T.r- 0.250.5 1 1.5 2 Miles Date Exported:9/25/2024 4:32 PM r:w¢Fbie 1S5FGerOWtPIa�YrGerOP�tPlanecrw 11 (Rev. 04/29/2024) W IDIAN� AGENDA ITEM ITEM TOPIC: master License Agreement with Ada County Highway District (ACHD) for Installation and Disposition of Underground Fiber-Optic Conduit Systems MASTER LICENSE AGREEMENT FOR INSTALLATION AND DISPOSITION OF UNDERGROUND FIBER-OPTIC CONDUIT SYSTEMS This Master License Agreement for Installation and Disposition of Underground Fiber- Optic Conduit Systems ("Agreement") is made and entered into by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD") and the city of Meridian, a municipal corporation ("City"), this 22nd day of October , 2024 (the "Effective Date"). ACHD and the City may each individually be referred to as a "Party" or collectively as the "Parties" as appropriate under the circumstances. RECITALS A. ACHD is a single county-wide highway district organized and existing under the laws of the state of Idaho, with the jurisdiction over public rights-of-way, including sidewalks, in Ada County. B. City is a municipal corporation with authority to permit, authorize,provide for and regulate the erection,maintenance and removal of utility transmission systems, and the laying and use of underground conduits or subways for the same in, under, upon or over the streets, alleys, public parks and public places of the City, and in, under, over and upon any lands owned or under the control of the City, pursuant to Idaho Code Section 50-328. C. City has power and authority to contract with, grant franchises to, and regulate the various utilities in the City, pursuant to Title 50, Chapter 3 of the Idaho Code. D. City desires to provide underground fiber-optic conduit and related facilities in the public right-of-way (collectively, "Conduit") in order to enhance data connectivity within City limits, provide increased data capacity and reliability, support future expansion of a fiber-optic network, and provide savings for the public through utility facilities that are accessible and cost- efficient, as recognized by Idaho Code Section 40-210(1). E. City desires to operate its Conduit and exercise all powers related to the Conduit as required or authorized under applicable law and as may be in the public interest,including,without limitation, sublicensing use of portions of the Conduit by third parties, public or private, with or without consideration, provided that such operation does not interfere with the public use of the public right-of-way. F. Each distinct segment of Conduit pursuant to a certain set of design documents for a specific location is referred to herein as a "Project." G. The planned Projects traverse portions of the public right-of-way, subject to jurisdiction of ACHD under applicable law. H. ACHD maintains a moratorium on cutting or excavation of Highway surface that has been in service for less than five years, subject to waiver by the ACHD Pavement Cut Committee, pursuant to ACHD Policy Manual (the "Manual"), Section 6006.1. I. The Parties wish to minimize impact from street closures, pavement cuts and excavations and reduce the administrative burden inherent in planning and permitting the installation, maintenance, and operation of Conduit, consistent with the application process set forth in Manual Section 6008.5, et seq. J. The Parties desire by this Agreement that ACHD will grant to City a limited license to install, maintain, and operate Conduit within the public rights-of-way. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, the mutual agreements contained herein, and other good and valuable consideration, the Parties agree as follows. 1. Nature of License. Pursuant to the terms, conditions, and limitations of this Agreement, ACHD hereby grants to City a license to encroach upon portions of the public right-of-way in Ada County to install, maintain, and operate Conduit. This Agreement is not an exclusive right to use the public right-of-way, is not intended to preclude access to adjacent and abutting properties, and is subject to any existing easements of record or in use. a. Permitting. This license is subject to permitting requirements as stated in Manual Sections 6008.5 and approval of each Project under ACHD requirements for location, design, and construction of fiber-optic facilities as stated in Manual Sections 6008.6, 6008.7, and 6008.8, and subject to ACHD's general permitting processes as stated in Section 6007 of the Manual. This Agreement shall satisfy the requirement for a license agreement under Section 6007.20. 2. Project Areas.The City's planned Conduit within the public right-of-way is described and depicted on Exhibit A. The City shall submit to ACHD descriptions and depictions of any Projects that are permitted by ACHD beginning on and after the Effective Date. 3. Term of License. The license granted herein will commence on the Effective Date and shall be perpetual, until revoked by ACHD or its successors or assigns or is terminated by City. The license shall be revocable by ACHD by providing thirty(30)days written notice of revocation to City upon any of the following events: a. The Conduit or the use thereof interferes with public use of the public right-of-way; b. City has defaulted under this Agreement. Revocation shall apply only to that portion of the Conduit, or the City's use thereof, which interferes with public use of the public right-of-way or is otherwise implicated in the City's default under this Agreement, and the license as to the remainder of the Conduit shall remain in full force and effect. City may terminate this Agreement by providing thirty (30) days written notice of termination to ACHD. 4. Ownership. City acknowledges that the real property licensed herein is a public right-of- way, and City waives any claim to ownership of the right-of-way whether in fee, adverse possession, or any other right,title, or interest therein, other than established pursuant to the terms of this Agreement. This Agreement does not extend to City the right to use the right-of-way to the Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 2 exclusion of ACHD for any use within its jurisdiction, authority, and discretion, or of others to the extent authorized by law, to use the public right-of-way. If the right-of-way has been opened as a public Highway (as used in this Agreement, the term "Highway" is as defined in Idaho Code Section 40-109(5)), City's authorized use is subject to the rights of the public to use the right-of- way for Highway purposes. City's authorized use is also subject to the rights of holders of easements of record or easements obvious on inspection of the right-of-way and statutory rights of utilities to use the public right-of-way. This Agreement is not intended to, and shall not,preclude or impede ACHD's ability to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or ACHD's ability to redesign,reconstruct,relocate,maintain, and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. 5. Conduit Disposition. a. Installation. City shall provide ACHD Utility Coordinator a plan and profile sheet showing placement of Conduit in the right-of-way. City shall become a Dig Line utility member and shall register each Project with other locating services as appropriate in the City's discretion. b. Maintenance.At its sole cost and expense, City shall maintain the Conduit in good condition and repair and as required to satisfy applicable laws, the policies of ACHD, and sound engineering practices. City shall have access over, across, and under the right-of-way for the purposes of accomplishing such repair and maintenance. C. Use. The Conduit shall be for the exclusive use by City and any entities that the City may hereafter sublicense to occupy and use the Conduit, for all lawful purposes within the City's authority, subject to the terms of this Agreement. d. No Interference. Except as is temporarily necessary for the accomplishment of the work itself, City's installation, maintenance, repair, removal, replacement, upgrade, and/or reinstallation and operation of any Conduit shall not interfere with ACHD's use and operation or the public's use of the public right-of-way or any ACHD facilities associated with the right-of- way. e. Damage. If the Highway on and/or adjacent to the right-of-way is damaged as a result of(i) the performance by City of the maintenance required by this section, or the failure or neglect to perform such maintenance, or (ii) City's design, installation, or use of the Conduit, regardless of cause, then the City shall, at its sole cost and expense, correct such deficiency and restore the Highway and the surface of the right-of-way to the same condition it was prior thereto. If City fails or neglects to commence such correction and restoration within five (5)business days of notification thereof, ACHD may proceed to do so, in which event City agrees to reimburse ACHD for the costs and expenses thereof, including,without limitation,reasonable compensation for the use of staff and equipment of ACHD. f. Emergency.Notwithstanding the provisions of the preceding paragraph, should an emergency exist related to the City's use of this license which threatens the stability or function of the Highway on or adjacent to the right-of-way or the safety of the public use thereof,ACHD shall have the right to immediately perform, on behalf of, and at the cost of City, necessary emergency Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 3 repairs, provided that ACHD provides written notice to City of such emergency and necessary repairs as soon as practicable. g. Relocation. City understands and agrees that it may be required to remove and/or relocate Conduit to the extent it interferes with public use of the public right-of-way and/or to the extent that ACHD determines that a Highway on and/or adjacent to the public right-of-way requires widening,realignment,redesign,improvement and/or reconstruction as would necessitate the relocation, modification, or other adaptation of any Conduit. City or its sublicensee, at its sole cost and expense, shall be responsible for relocating,modifying,or otherwise adapting the affected Conduit as required by ACHD and in compliance with Laws.ACHD shall give City at least ninety (90) days prior written notice of the need for such relocation, modification, or adaptation by City. In response to such notice, City may also elect to remove the affected Conduit in lieu of any such relocation, modification, or adaptation. h. Removal. It is agreed that upon the revocation of the license granted herein, City shall remove at no cost or expense to ACHD, and within a reasonable time and subject to ACHD's approval of necessary work permits, all Conduit for which the license is revoked. City agrees to return all such premises as nearly as practical to the condition that the premises were in before any use by City. Should City fail to remove the Conduit as required, ACHD may remove it and assess City for the costs of the removal. City will also be liable for all costs incurred by ACHD to cause the property to be returned to the same condition it was in before the grant of this license. It is further agreed that if City does not remove the Conduit upon revocation of the license, City hereby disclaims any interest or title to that Conduit, which shall pass to ACHD at no cost to ACHD. 6. No Cost to ACHD. Any and all costs and expenses associated with City's authorized use of the right-of-way, or any construction or installation of Conduit thereon, or the repair and maintenance thereof, or the relocation of Conduit thereon, or the restoration thereof upon revocation of this Agreement, shall be at the sole cost and expense of City. 7. ACHD Fees. Any ACHD fees for Conduit-related permits shall be waived in accordance with the Interagency Governmental Agreement for Waiver of Costs and Fees, executed between ACHD and City and dated September 5, 2018, which is incorporated herein by reference. 8. Permit Coordination. It is agreed by ACHD and City that it is in their mutual best interest and the interest of the public that the Conduit be located within the public right-of-way as herein contemplated, and, to that end, the Parties shall coordinate and cooperate with each other in good faith regarding permit applications received by ACHD for placement, repair, removal, or relocation of underground fiber-optic to the extent such application creates a potential for reducing street closures, pavement cuts, excavations, and administrative burden on the Parties through any of the following: a. Installing new underground fiber-optic cable inside City-owned Conduit; b. Building out or extending the Conduit during installation of new underground fiber- optic facilities requiring excavation of the public right-of-way in areas suitable for build-out or extension of the Conduit; Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 4 C. Conducting repair or maintenance on Conduit during other projects requiring excavation. 9. Sublicense. City may sublicense the rights and obligations set forth herein, including, without limitation, the right to install fiber-optic cable within the Conduit and otherwise use and occupy the Conduit,provided that the sublicensee becomes obligated to comply with all the terms and conditions of this Agreement. 10. Compliance with Laws. City, in the performance of its rights and responsibilities under this Agreement, shall (i) comply with, and take reasonable action to ensure that any sublicensee complies with, all applicable federal, state, and local laws, ordinances, rules, and regulations, including the ACHD policies and ordinances (collectively "Laws"), and (ii) commit no waste or allow any nuisance on the public right-of-way. 11. Default. Neither party shall be deemed to be in default of this Agreement except upon the expiration of thirty (30) days from receipt of written notice from the other party specifying the particulars in which such parry has failed to perform its obligations (or breached any of its representations or warranties) under this Agreement unless such party, prior to expiration of said thirty (30) day period, has rectified the particulars specified in said notice of default; provided, however, that if the nature of the alleged default is such that it cannot reasonably be cured within such thirty(30)day period,the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. 12. Force Majeure.Performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, walkouts, riots, flood, earthquakes, fire or other casualty, the elements or acts of God, or other causes, other than financial, beyond a parry's reasonable control. 13. Indemnification. City will, to the extent permitted by law, indemnify, defend, and hold harmless ACHD, its agents, successors, and assigns, against all actions, claims, demands, liabilities, damages, debts, bodily injury, and property damage, including all expenses, costs and attorney fees that may in any manner be imposed or incurred by ACHD resulting from the failure or neglect of City, its agents, contractors, employees, and sublicensees to comply with Laws or properly use, maintain, and/or regulate the Conduit. City's obligations pursuant to this paragraph shall survive the termination of this Agreement. 14. Hazardous Material Claims. City will be solely responsible for and will indemnify and hold harmless ACHD, its respective directors, officers, employees,agents, successors, and assigns from and against any and all loss, damage, cost, expense or liability directly or indirectly arising out of or attributable to the use,generation,storage,release,threatened release,discharge,disposal, or presence of hazardous materials on, under or about the Conduit premises and relating to the City's use of the public right-of-way pursuant to this Agreement, including without limitation (1) all damages, (2) the costs of any required or necessary repair, cleanup or detoxification of the property and (3) all reasonable costs and expenses incurred by ACHD in connection therewith, including but not limited to reasonable attorneys'fees. City's obligations pursuant to this paragraph shall survive the termination of this Agreement. Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 5 15. Attorneys' Fees. It is agreed by and between the Parties that in the event suit is instituted for the purpose of enforcing any and all of the provisions of this Agreement, the prevailing party will be entitled to such attorneys' fees as are adjudged reasonable by the Court. 16. Miscellaneous. a. Successors and Assigns. The terms and conditions hereof shall be binding upon and inure to the benefit of the respective Parties, their administrators, executors, successors, and assigns. b. Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the Parties and shall survive the severed provisions. C. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the Parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants, and agreements except as specifically set forth herein. d. Acknowledgments and Modifications.No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by the Parties. e. Assignment. Either party shall be entitled to assign this Agreement to an entity which is either statutorily authorized to be its successor or is an entity controlled by the assigning party, provided that such assignee assumes all the obligations, warranties, covenants, and agreements of the assigning party herein contained. Otherwise, neither party shall be entitled to sell, assign, or otherwise transfer this Agreement without the prior written consent of the other party, which consent will not be granted unless such assignee or transferee assumes all the obligations, warranties, covenants, and agreements of the assigning party herein contained. f. Further Assurances. Each party shall cooperate fully with the other and execute such further instruments, documents, and agreements and give such further written assurances as may be reasonably requested to better evidence and reflect the transactions described herein and contemplated hereby, and to carry into effect the intents and purposes of this Agreement. g. Captions and Headings. The captions and headings in this Agreement are solely for reference purposes and shall not affect the interpretation of any provision of this Agreement. h. Third Parties. 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 not a party hereto. i. Choice of Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Idaho. Venue for any legal action arising from this Agreement shall be Ada County, Idaho. Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 6 j. Notice. Any notice under this Agreement shall be in writing and be delivered in person,or by United States Mail,postage prepaid,or by public or private 24-hour overnight courier service(so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation.All notices shall be addressed to the party at the address set forth below or at such other addresses as the Parties may from time to time direct in writing by notice given the other.Any notice shall be deemed to have been given on(a)actual delivery or refusal, (b)three (3) days following the day of deposit in the United States Mail, (c) the day of delivery to the overnight courier, or(d)the day facsimile delivery is electronically confirmed. ACHD: Ada County Highway District Attn: Ryan Head, Director , Idaho 837 City: City of Meridian Attn: Robert Simison Meridian, ID 83642 Copy to: Office of the City Attorney EXHIBITS Exhibit A Depiction of Planned Conduit Exhibit B —Reserved End of Agreement I Signatures appear on the following page. Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 7 EXECUTED as of the date first above written. Ada Co'unty hwa District: Date: j�A�2U�� By: Alexi . ickering Its: j sident ATTEST: By: Date: I ad, Meridian: By: f Date: 10-22-2024 Robert Si ison, Ma or ATTEST: By: 5F,. Date: 10-22-2024 Chris Johnson, x-Of c ' Clerk Master License Agreement for Installation and Disposition of Underground Fiber-Optic Conduit Systems Page 8 EXHIBIT A Depiction of Planned Conduit Map of Fiber Conduit 4 J G rt�l T-- •--. •P,11 Tr � L •In••~�sL• :'1'r G ra i�: 1 L %i -1 - . . 4 I 7.:• _— } � 1 :a r•�YIV � • 1� 1'13p Le"1 W r _ E•04 F~Rw MdO-D E;wv Fat: - 11 ( e . 04t29.Q024-) Master License Agreement for Installation and Disposition of Utility Transmission Systems Exhibit A EXHIBIT B Reserved Master License Agreement for Installation and Disposition of Utility Transmission Systems Exhibit B W IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Agreement with Billing Document Specialties for Fiscal Year 2025 Postage and Mailing of Utility Bills and Authorizing the Procurement Manager to Sign C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: 10/22/2024 Presenter: N/A Estimated Time: N/A Topic: Approval of Agreement with Billing Document Specialties for FY25 Postage and Mailing Utility Bills and authorize the Procurement Manager to sign. Recommended Council Action: Approval of Agreement with Billing Document Specialties for FY25 Postage and Mailing Utility Bills and authorize the Procurement Manager to sign. Background: This is a per unit agreement. The current MUBS budget for these services is as follows: Postage and Mailing $304,000.00 Phone/IVR services $27,405.96 Lockbox Services $16,116.00 kNobowHBO Opp- -, B/LL/NGDLI0HENT SPEEW ISTS ,: .4593811 Suite ,r, TD11,Free.SHLI.6273283 , ; ,r 8; :r ,d, CUSTOMER SERVICE AGREEMENT RENEWAL with City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS,hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell,Idaho 83605,a corporation organized under the laws ofthe State of Idaho and City of Meridian,hereafter referred to as CLIENT.This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: Statement Processing First Page 0.20 each Includes print, fold & Insert,# 10 Double window L &tinted #9 return envelope Additional Pages 0.14 each Merged like names or names &addresses to save postage up to 7 pages per envelope Manual Files 0.22 each merged mailings over 7 pages to flat envelopes 5.50- fast forwarding 7.50 Per Data Fife 7UPSPCOA moved address changes, including update fast forwarding 7.50 reports and opt out options. Cost depending on file size Postage 0.56 each average LISPS postage at cost for all mailings -71 Lockbox Services: = Postings 0.15 per transaction Receive mail, open, scan, post to the web, electronically deposit funds and create import file to A/R Web postings IL 0.01 each Post pdf images of the billing statements to the BDS &N&VW4,.pppr RDS 9111 INE MOMENT SPECIALISTS ,: .459.3911 Suite �„ 999.8273293 , : .r ,: :, ,, Admin Web site/on line payment site. On line bank check 0.15 per transaction 11 Set up programming with each processor to receive data files of transactions, previously received as paper checks, processor then ACH deposits the fund direct to the Bank. Shredding 10.00 month BDS has all checks and documents shredded per regulations. Fp—o Box Rental at cost 6 month rental on UPSP P 0 Box for receipt of payments IF- IF- IF Maintenance 150.00 month Maintenance for on line web and OTC payment solutions. Drive Payments will invoice the City direct to all Processor Fees processing fees for Credit Cards. Profit Stars/Jack Henry Associates will bill the City direct for all check processing fees. BDS will be the direct customer service link to these processors. = li „r dpppr HIMMG DOCUMENT SPILMRSTS 915 Hein street ,; ,459,3811 rr► 8996273283 ► ; .r 298.459.3989 Email:ii7fafiebilliagdoarnin Inbound Set up with Credit Card Pa ments N/C N/C IVR Automated phone payments BDS will ro ram a dedicated hone number for Client's customers to call Inbound 1 VPS) to check balances,leave messages and or make credit card payments. This Per call for balances and messaging is a touch activated system. Import files and posting of payment without payment transactions $0.25 $0.25 to the Admin Web Site details by customer search and reporting the same as all other payment services. Per call payment transaction $35 $35 Some Client are passing on the per transaction fee to the customers,BDS advised the user that the fee will apply and totals the amount due. The fees are separated from the payments in the import file so that only the amount due is post to the account. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the services as detailed for the next fiscal year October 1, 2024 to September 30, 2025 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Acceptance for: City of Meridian Billing Document Specialists Signature Mayor Robert E. Simison Signature Tim Beck,COO j Date 10-22-2024 Date) Cy Please Type or Print Authorizing Party Name Attest: , Chris Johnson, City Clerk 10-22-2024 PROUL'CI'5;SERVICES cn.�a m.n�w c.wa rw Ia,na w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2486: A Resolution Vacating a One-Foot Portion of the Permanent Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lot 3, Block 5 of The Oaks North Subdivision #5, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date ADA COUNTY RECORDER Trent Tripple 2024-059691 BOISE IDAHO Pgs=4 ANGIE STEELE 10/22/2024 04:47 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 24-2468 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR, WHITLOCK A RESOLUTION VACATING A ONE-FOOT PORTION OF THE PERMANENT PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENT ENCUMBERING LOT 3, BLOCK 5 OF THE OAKS NORTH SUBDIVISION #5, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 8, 2024, the City Council of the City of Meridian held a hearing on the vacation of a one-foot portion of the permanent public utility, drainage, and irrigation (PUDI) easement encumbering Lot 3, Block 5 of The Oaks North Subdivision#5; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a one-foot portion of the permanent public utility, drainage, and irrigation(PUDI) easement encumbering Lot 3, Block 5 of The Oaks North Subdivision #5, 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 22"d day of October, 2024. Approved by the Mayor of the City of Meridian, Idaho, this 22nd day of October, 2024. Attest: M or obert E. Simison ris Jo ; City Clerk Easement Vacation—The Oaks North 95 L3 B5 H-2024-0042 STATE OF IDAHO ) ) ss: County of Ada ) On this22nd day of October,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 3-28-2028 My Commission Expires: Easement Vacation—The Oaks North#5 U B5 H-2024-0042 EXHIBIT A Legal Description The Oaks North Subdivision No. 5 Publicv Utility, Pressure Irrigation and Lot Drainage Easement Partial Vacation — Lot 3, Block 25 A portion of an easement in Lot 3, Block 25 of The Oaks North Subdivision No. 5, as shown in Book 120 of Plats on Pages 18723 through 18725, records of Ada County, Idaho, being located in the SW '/4 of the SE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 1/2 inch diameter iron pin monument marking the northwesterly corner of said Lot 3, from which a 1/2 inch diameter iron pin monument marking the northeasterly corner of said Lot 3 bears S 89°22'25" E a distance of 55.00 feet; Thence along the northerly boundary of said Lot 3 S 89022'25" E a distance of 5.00 feet to a point; Thence leaving said northerly boundary S 0°37'35" W a distance of 15.00 feet to the POINT OF BEGINNING; Thence continuing S 0°37'35" W a distance of 96.50 feet to a point; Thence N 89°22'25" W a distance of 1.00 feet to a point; Thence N 0°37'35" E a distance of 96.50 feet to a point; Thence S 89°22'25" E a distance of 1.00 feet to the POINT OF BEGINNING. This parcel contains 96.50 square feet (0.002 acres), more or less. ONNk- LA NO Clinton W. Hansen, PLS 5` �G T F GpG Land Solutions, PC November 14, 2023 � 11118 0 TF OF O_ ON W NP Lrjnlul�Jr�rS Oaks North No. 5 PBA Land surveying and Consulting Easement Vacation Parcel Job No. 18-35 Page 1 of 1 EXHIBIT B VACATION OF A PORTION OF EXISTING PUBLIC UTILITY, PRESSURE IRRIGATION AND LOT DRAINAGE EASEMENT LOT 3, BLOCK 25, THE OAKS NORTH SUBDIVISION NO. 5 LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T4N, R1W, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO ° v BASIS OF BEARING S89'22'25"E 1.00' S$9'22'25"E 55.00' n `54.00' 5.00' Ln s g POINT OF S89'22'25"E 1.00' BEGINNING F----{------------------- I I � I n 4'_ I ° a I � I � I I � � I I Y I PARCEL A PARCEL B I A PORTION OF LOT 4, BLOCK 25 i Ali LOT 3 AND A PORTION OF I o LOT 4, BLOCK 25 I' �� I I o IX rn Ln o O4 o I O i o in u? I(in I Lc-) 1 I� M CV 1 I w rn n Z r l M o tCD Iz '�ij.-PORTION TO BE VACATED I 1 o II 1 ADJUSTED z II BOUNDARY I ORIGINAL PLATTED I LINE I I I WESTERLY BOUNDARY I I i i LINE OF LOT 3 BLOCK 25 II EXISTING PUBLIC UTILITY, PRESSURE I I IRRIGATION AND LOT DRAINAGE I I i ii EASEMENT LINE PER PLAT OF THE j I I I OAKS NORTH SUBDIVISION NO. 5 I I 5'- I I L-----------------------j LL-----------------------d 1.00' N89'22'25"W o 54.00' N89'22'25"W N89'22'25"W 56.00' \o�p,LLA/y�s THE OAKS NORTH SUBDIVISION NO. 5 �� TE BK 120, PGS 18723-18725 0 o , 0' 10' 20' 40' NSA y I141z Lan lutons ti—J 9r Land Surveying and Consulting F \ 231 E 5TH ST.,STE.A N MERIDIAN,ID 83642 O'• W. (208)288-2040 (2 08)288-2557 fax www.landsolutions.biz JOB NO. 18-35 V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2488: A Resolution of the City Council of the City of Meridian to Amend the Future Land Use Map of the City of Meridian Comprehensive Plan Concerning a Portion of the Ten Mile Interchange Area, Generally Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 in Section 15, Township 3 North, Range 1 West, Meridian, Idaho, Ada County; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2488 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE CITY OF MERIDIAN COMPREHENSIVE PLAN CONCERNING A PORTION OF THE TEN MILE INTERCHANGE AREA, GENERALLY LOCATED AT THE NORTHWEST CORNER OF SOUTH TEN MILE ROAD AND INTERSTATE 84 IN SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN,IDAHO, ADA COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in December 2019 as resolution 19-2179; and WHEREAS,the City Council has deemed it appropriate to amend the Future Land Use Map of the City of Meridian Comprehensive Plan concerning a portion of the Ten Mile Interchange Area, generally located at the northwest corner of S. Ten Mile Rd. and Interstate 84 in Section 15, Township 3 North, Range I West, Meridian, Idaho, Ada County, as depicted on Exhibit A,which is attached hereto and incorporated herein by reference; and WHEREAS, the amendment to the Future Land Use Map of the City of Meridian Comprehensive Plan results in net land use changes as follows: Medium High-Density Residential (MHDR) (+42.87 acres), High-Density Residential (HDR) (+2.66 acres); Mixed Use - Residential (MU-RES) (44.23 acres), Mixed Use - Commercial (MU-COM) (-62.97 acres), Commercial (+139.45), Mixed Employment(ME) (422 acre), and High-Density Employment(HDE) (-77.55 acres); and WHEREAS, all notices, hearings, and required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted City of Meridian Comprehensive Plan have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: COMPREHENSIVE PLAN AMENDMENT-MAP—S.TEN MILE RD&I-84—H-2023-0071 Page 1 of 2 SECTION 1. Pursuant to Idaho Code § 67-6509, the City Council hereby amends the City of Meridian Comprehensive Plan and Future Land Use Map as depicted on Exhibit A under "Proposed Future Land Uses." A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 22nd day of October, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 22nd day of October, 2024. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—S.TEN MILE RD&I-84—H-2023-0071 Page 2 of 2 EXHIBIT A Staff Recommended(if Council Approves Proposed Development Plan): Date:8/12M24 o _E: 1,Feet Adopted Future Land Uses 'Oro I i ----FRANKLIN- 1— — — ` Ff`- li III I +• � �rFI.`Ii l SO Area of Change Staff Altemat!vetoApplico#ion Proposed Future Land Uses r..�Staff Cleanup / 7 I •I —FRANKLIN-- e .1 IIII "V go WAWA lk e p 66j u u 1 /ijl� !/�r�l r I A E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Lakeview Golf Course Fee Proposal Mayor Robert E. Simison City Council Members: E IDIAN11�_ Luke Cavener, President Liz Strader, Vice President D A H O Brian Whitlock Doug Taylor John Overton Anne Little Roberts October 15, 2024 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Garrett White, Recreation Superintendent Ryan Roberts, PGA, General Manager/Head Golf Professional RE: Lakeview Golf Course Fee Discussion Background Over the past several months, staff has gathered information and compared our current fees at the Lakeview Golf Course to others municipalities and similar facilities in the Treasure Valley. As we all know, each facility has their own amenities that may differ a little from our facilities but we still felt that it was necessary to include them in the research. At the Lakeview Golf Course, we have split the fees into four categories; Season Passes, Greens Fees, Cart Fees, and Range Fees. The current proposal consists of increasing Greens Fees to the average of all the comparable courses. All Season Passes are to increase based on the increases to all Greens Fees. Carts and Range fees are currently at the average of the comparable courses and are not proposed to be changed. This proposal is projected to bring in an additional $160K based on FY24 volume. In addition to the fee increases at Lakeview Golf Course, we would also like to discuss eliminating the non- resident passes, capping the number of passes sold to 225, and give residents the opportunity to purchase the passes prior to the non-residents. Objective To have Council provide feedback on Lakeview Golf Course fees. Once feedback is given,the fees will be posted and brought back to Council within the next few weeks. Lakeview Golf Course Fee Type Fee Title Current Fee Proposed Fee Weekday- 18 holes $39.00 $39.62 Green Fees (41.34 w/tax) ($42.00 w/tax) Weekday-9 holes $30.00 $29.25 Green Fees ($31.80 w/tax) ($31.00 w/tax) Weekday Senior- 18 holes $32.00 $36.79 Green Fees ($33.92 w/tax) ($39.00 w/tax) Weekday Senior-9 holes $28.00 $28.30 Green Fees ($29.68 w/tax) ($30.00 w/tax) Weekday Junior- 18 holes $18.00 $19.81 Green Fees ($19.08 w/tax) ($21.00 w/tax) Weekday Junior-9 holes $14.00 $14.15 Green Fees ($14.84 w/tax) ($15.00 w/tax) Twilight $35.00 $35.85 Green Fees ($37.10 w/tax) ($38.00 w/tax) Weekend - 18 holes $44.00 $48.11 Green Fees ($46.64 w/tax) ($51.00 w/tax) Weekend-9 holes $33.00 $35.85 Green Fees ($34.98 w/tax) ($38.00 w/tax) Weekend Junior- 18 holes $22.00 $22.64 Green Fees ($23.32 w/tax) ($24.00 w/tax) Weekend Junior-9 holes $15.00 $16.98 Green Fees ($15.90 w/tax) ($18.00 w/tax) Weekend Senior- 18 holes $41.51 Green Fees N/A ($44.00 w/tax) Weekend Senior 9 holes $33.96 Green Fees N/A ($36.00 w/tax) Twilight Weekend $44.34 Green Fees N/A ($47.00 w/tax) Fee Type Fee Title Current Fee Proposed Fee $302.00 $323.58 Golf Pass Private Cart Trail Pass ($320.12 w/tax) ($343.00 w/tax) $550.00 $558.49 Golf Pass 1/2 price ($583.00 w/tax) (592.00 w/tax) $674.53 Golf Pass Lakeview Cart Fee (NEW) N/A ($715.00 w/tax) Couple - Restricted (anytime on weekdays; $2131.00 $2,165.10 Golf Pass afternoons only on weekends and holidays) ($2,258.86 w/tax) ($2,295.00 w/tax) $2807.00 $3,069.81 Golf Pass Couple - Unlimited ($2,975.42 w/tax) ($3,254.00 w/tax) $311.00 $319.81 Golf Pass Junior ($329.66 w/tax) ($339.00 w/tax) Senior Couple - Restricted (anytime on $2,027.00 $2,330.19 weekdays; afternoons only on weekends ($2,148.62 w/tax) ($2,470.00 w/tax) Golf Pass and holidays) $2,703.00 $3,107.55 Golf Pass Senior Couple - Unlimited ($2,865.18 w/tax) ($3,294.00 w/tax) Senior/Military- Restricted (anytime on $1,195.00 $1,373.58 weekdays; afternoons only on weekends ($1,266.70 w/tax) ($1,456.00 w/tax) Golf Pass and holidays) $1,715.00 $1,971.70 Golf Pass Senior/Military- Unlimited ($1,817.19 w/tax) ($2,090.00 w/tax) $1,299.00 $1,319.81 Single - Restricted (anytime on weekdays; ($1,376.94 w/tax) ($1,399.00 w/tax) Golf Pass afternoons only on weekends and holidays) $1,819.00 $1,988.68 Golf Pass Single - Unlimited ($1,928.14 w/tax) ($2,108.00 w/tax) Lakeview Golf Course Facility Fees io-zz-mza Obiective Tonight • For Council to review all proposed fees and for Council to provide any feedback or recommendations. • Once feedback or recommendations are given, fees will be posted and brought back to Council for approval in a few weeks. Methodology behind the Fee Increases ✓ I Cover costs of operations. ✓ Market Analysis - Compare similar facilities. ✓ Continue offering qualit facilities and programs at an affordable price. ✓ Keep our facilities accessible to Meridian Residents. i Lakeview Golf Course Comparable Facilities Weekday 18 holes $39.00 39.62 (41.34 w/tax) ($42.00w/tax) Weekday-9 holes 530.00 $2929.2525 ($31.80 w/tax) ($31.00 w/tax) -Warm Spring Weekday Senior- 18 holes $32.00 $36.79 ($33.92 w/tax) ($39.00 w/tax) -Quail Hollow ® Weekday Senior 9holes $28.00 $28.30 -River Birch ($29.68 w/tax) ($30.00 w/tax) -Red Hawk Weekday Junior- 18 holes $18.00 $19.81 ($19.08 w/tax) ($21.00 w/tax) -Boise Ranch ® $14.00 $14.15 Weekday Junior-9 holes -Ridgecrest ($14.84 $35w/tax) ($15 35 85tax) -Centennial Twilight .10 w/ $00 w/ ($37.10 w/tax) ($38.00 w/tax) -Purple Sage Weekend- 18 holes $44.00 $48.11 -Eagle Hills ($46.64 w/tax) ($51.00 w/tax) -Shadow Valley Weekend 9 holes ($34$98 w0/tax) ($38.00 w/tax) Weekend Junior- 18 holes $22.00 $22.64 ($23.32 w/tax) ($24.00 w/tax) Weekend Junior-9 holes $15.00 $16.98 The GREENS FEES proposal ($15.90 w/tax) ($18.00 w/tax) Weekend Senior- 18 holes $41.51 • Increasing Greens Fees to the N/A ($44.00w/tax) averao,e of all the comparable Weekend Senior 9 holes $33.96 N/A ($36.00 w/tax) courses. .00 w/ Twilight Weekend N/A ($47.00 w/tax) Lakeview Golf Course - Continued .. $302.00 $323.58 Private Cart Trail Pass ($320.12 w/tax) ($343.00 w/tax) $550.00 $558.49 1/2 price ($583.00 w/tax) (592.00 w/tax) Season Pass Fee Proposal. $674.53 N/A• All Season Passes are to increase based on the Season Pass Lakeview Cart Fee(NEW) ($715.00 w/tax) increases to all Greens Fees. $2131.00 $2,165.10 ($2,295.00 Couple-Restricted(anytime on weekdays;afternoons ($2,258.86 w/tax) w/tax) Season Pass only on weekends and holidays) $2807.00 $3,069.81 ($3,254.00 ($2,975.42 w/tax) w/tax) Season Pass Couple-Unlimited $311.00 $319.81 Season Pass Junior ($329.66 w/tax) ($339.00 w/tax) $2,027.00 $2,330.19 ($2,470.00 Senior Couple-Restricted(anytime on weekdays; ($2,148.62 w/tax) w/tax) Season Pass afternoons only on weekends and holidays) $2,703.00 $3,107.55 ($3,294.00 ($2,865.18 w/tax) w/tax) Season Pass Senior Couple-Unlimited $1,195.00 $1,373.58 ($1,456.00 Senior/Military-Restricted(anytime on weekdays; ($1,266.70 w/tax) w/tax) Season Pass afternoons only on weekends and holidays) $1,715.00 $1,971.70 ($2,090.00 ($1,817.19 w/tax) w/tax) Season Pass Senior/Military-Unlimited $1,299.00 $1,319.81 ($1,399.00 Single-Restricted(anytime on weekdays;afternoons ($1,376.94 w/tax) w/tax) Season Pass only on weekends and holidays) $1,819.00 $1,988.68 ($2,108.00 ($1,928.14 w/tax) w/tax) Season Pass Single-Unlimited Lakeview Golf Course - Continued Fee Type Fee Title #Sold In addition to the fee increases at Golf Pass Fees Non-Resident 1/2 price 1 Lakeview Golf Course, we would like to Golf Pass Fees Non-Resident Couple-Restricted(anytime on weekdays;afternoons only on weekends and holidays) 2 Golf Pass Fees Non-Resident Couple-Unlimited 0 discuss a proposal to: Golf Pass Fees Non-Resident Junior-add on 0 Non-Resident Senior Couple-Restricted(anytime on weekdays;afternoons only on weekends and Golf Pass Fees holidays) 1 -Eliminate the Non-Resident passes. Golf Pass Fees Non-Resident Senior Couple-Unlimited 0 Non-Resident Senior/Military-Restricted(anytime on weekdays;afternoons only on weekends and Golf Pass Fees holidays) 10 -Limit Passes to a total of 225. Golf Pass Fees Non-Resident Senior/Military-Unlimited 5 Golf Pass Fees Non-Resident Single-Restricted(anytime on weekdays;afternoons only on weekends and holidays) 4 Golf Pass Fees Non-Resident Single-Unlimited 3 -Give Residents the opportunity to 26 Non-Resident passes sold purchase passes prior to non-residents. Golf Pass Fees Resident 1/2 price 10 Golf Pass Fees Resident Couple-Restricted(anytime on weekdays;afternoons only on weekends and holidays) 10 Golf Pass Fees Resident Couple-Unlimited 16 Golf Pass Fees Resident Junior 7 Golf Pass Fees Resident Senior Couple-Restricted(anytime on weekdays;afternoons only on weekends and holidays) 10 Golf Pass Fees Resident Senior Couple-Unlimited 15 Resident Senior/Military-Restricted(anytime on weekdays;afternoons only on weekends and Golf Pass Fees holidays) 62 Golf Pass Fees Resident Senior/Military-Unlimited 24 Golf Pass Fees Resident Single-Restricted(anytime on weekdays;afternoons only on weekends and holidays) 11 Golf Pass Fees Resident Single-Unlimited 11 176 Resident Passes Sold Questions?