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HomeMy WebLinkAbout2024-12-03 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 03, 2024 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve (with items 19 and 31 removed) made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the November 12, 2024 City Council Work Session 2. Approve Minutes of the November 12, 2024 City Council Regular Meeting 3. Approve Minutes of the November 19, 2024 City Council Work Session 4. Approve Minutes of the November 19, 2024 City Council Regular Meeting 5. McDermott Village Apartments Sanitary Sewer Easement No. 1 (ESMT-2024-0139) 6. McDermott Village Apartments Sanitary Sewer Easement No. 2 (ESMT-2024-0140) 7. McDermott Village Apartments Water Main Easement No. 1 (ESMT-2024-0141) 8. McDermott Village Apartments Water Main Easement No. 2 (ESMT-2024-0142) 9. McDermott Village Apartments Water Main Easement No. 3 (ESMT-2024-0143) 10. McDermott Village Apartments Water Main Easement No. 4 (ESMT-2024-0144) 11. McDermott Village Apartments Water Main Easement No. 5 (ESMT-2024-0145) 12. McDermott Village Apartments Water Main Easement No. 6 (ESMT-2024-0146) 13. Apex Northwest Subdivision No. 5 Water Main Easement No. 1 (ESMT-2024-0161) 14. Apex Northwest Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0162) 15. Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 1(ESMT-2024- 0163) 16. Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 2 (ESMT-2024- 0164) 17. Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (H-2024- 0033) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. 18. Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (MCU- 2024-0003) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. 20. Findings of Fact, Conclusions of Law for The Gateway at 10 Mile (H-2024-0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. 21. Development Agreement (Apex Farr Subdivision H-2024-0014) Between City of Meridian and Smith Brighton Inc.; DWT Investments LLC; SCSH Properties LLC; Brighton Apex LLC; Brighton Development Inc.; SCS Investments LLC; The David & Kristin Turnbull Family Trust Dated August 1, 2006; and The Tomlinson Foundation for Property Located on the West Side of S. Locust Grove Rd., North of E. Lake Hazel Rd. and East of S. Meridian Rd. 22. Development Agreement (Calvary Chapel Meridian H-2024-0020) Between City of Meridian and Calvary Chapel Meridian, Inc. for Property Located at 3600 W. Nelis Dr. 23. Development Agreement (Keep West Subdivision H-2023-0047) Between City of Meridian and Dawson Ranch LLC, for Property Located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. 24. Development Agreement (Life Church Inc. H-2024-0024) Between City of Meridian and Life Church Inc. for Property Located at 3225 E. Commercial Ct. 25. Approve and authorize Procurement Manager to issue the Purchase Order to The Public Restroom for the Not-to-Exceed amount of $372,534.00 for two Prefabricated Buildings and installation of buildings at Lakeview Golf Course 26. Approval of Memorandum of Understanding between the City of Meridian Finance & Public Works Departments for the ARPA funding for the Wastewater Resource Recovery Facility Biosolids Dryer Project for the Not-To-Exceed amount of $192,878.46 27. Approval of Memorandum of Understanding between the City Finance & Fire Departments for the ARPA funding for the Fire Station 8 Construction Project for the Not-To-Exceed amount of $4,411,111.61 28. Fiscal Year 2025 Budget Amendment in the Amount of $53,769.00 for Department of Homeland Security Assistance to Firefighters Grant 29. Resolution No. 24-2491: A Resolution Vacating a Portion of the 10-Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lots 2 and 3 in Block 1 of Medina Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 30. Resolution No. 24-2492: 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 11.246 Acres of Land for the Expansion of Life Church and the Operation of Life Bible College, Generally Located at 3225 East Commercial Court, in the Southwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date 31. City of Meridian Financial Report - October 2024 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 19. Findings of Fact, Conclusions of Law for Centrepoint Apartments (H-2024-0019), by Nicolette Womack, Kimley-Horn, located at 3030 N. Cajun Lane and 3100 N. Centrepoint Way, near the southwest corner of N. Eagle Rd. and E. Ustick Rd. Approved Motion to approve made by Councilman Taylor, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 33. Public Hearing for Baratza Subdivision (H-2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. Continued to December 17, 2024 A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R-15 (53.32) zoning districts. B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. Motion to continue to December 17, 2024 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 34. Public Hearing for Black Cat East (H-2024-0047) by Sawtooth Development, located at 935 S. Black Cat Rd. Application Materials: https://bit.ly/H-2024-0047 A. Request: Annexation of 3.62 acres of land with the I-L zoning district to allow industrial development. B. Request: Modified Development Agreement to include this property in the development agreement for Black Cat Industrial (H-2021-0064). Motion to approve made by Councilman Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader Voting Nay: Councilman Cavener 31. Resolution No. 24-2493: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 10.10, Regarding Responsible Use of Artificial Intelligence (AI); and Providing an Effective Date Continued to January 7, 2025 Work Session Motion to continue to January 7, 2025 Work Session made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener ORDINANCES \[Action Item\] 35. Ordinance No. 24-2067: An Ordinance (Calvary Chapel H-2024-0020) for rezone of a parcel of land being all of Lot 4, Block 2 and a portion of the west half of West Nelis Drive as shown on the plat of McNelis Subdivision, Book 100, Pages 13082- 13084 at the Ada County Recorder; said parcel being located in the south half of Section 34, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 8.41 acres of land from the I-L (Light Industrial) zoning district to the C-C (Community Business District) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 36. Ordinance 24-2068: An Ordinance (Life Church H-2024-0024) for rezone of a parcel of land located in the southwest quarter of the Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 11.246 acres of land from I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 37. Ordinance No. 24-2069: An ordinance (Keep West Subdivision – H-2023-0047) annexing a parcel of land being a portion of the west half of the northeast quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 16.25 acres of such real property from RUT (Rural Urban Transition) to the R-2 (Low-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 38. Ordinance No. 24-2070: An Ordinance (Apex Farr H-2024-0014) for rezone of a parcel of land located in a portion of the south half of the northeast quarter, and a portion of the southeast quarter of the southeast quarter, and a portion of Lot 1, Block 5 of Shafer View Terrace Subdivision (Book 128, Pages 20722-20730, Records of Ada County, Idaho), all located in Section 31, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 38.45 acres of land from R-4 (Medium Low-Density Residential) to R-8 (Medium-Density Residential) (31.27 acres), and R-15 (Medium High-Density Residential) to C-C (Community Business District) (6.42 acres), and R-2 (Low-Density Residential) to R-8 (Medium-Density Residential) (0.76 acres) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 7:08 PM Meridian City Council December 3, 2024. A Meeting of the Meridian City Council was called to order at 6:02 p.m. Tuesday, December 3, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Bill Parsons, Nick Napoli, Jamie Leslie, Dean Willis ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is December 3rd, 2024, at 6:02 p.m. We will begin this evening's City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Okay. And it sounds like our person that was going to do the community invocation they had to cancel due to illness. So, unless anyone else was here in his stead. ADOPTION OF AGENDA Simison: We will move on to adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple of small changes to our agenda. We are going to take Item 19 off the Consent Agenda and move that to our first action item and, then, we are also going to remove Item 31 and place that as our last action item before we get to ordinances. And with those slight changes, Mayor, I move we adopt the agenda as amended. Meridian City Council December 3,2024 Page 2 of 30 Strader: Second. Simison: Have a motion and a second to adoption as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as amended. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 12, 2024 City Council Work Session 2. Approve Minutes of the November 12, 2024 City Council Regular Meeting 3. Approve Minutes of the November 19, 2024 City Council Work Session 4. Approve Minutes of the November 19, 2024 City Council Regular Meeting 5. McDermott Village Apartments Sanitary Sewer Easement No. 1 (ESMT-2024-0139) 6. McDermott Village Apartments Sanitary Sewer Easement No. 2 (ESMT-2024-0140) 7. McDermott Village Apartments Water Main Easement No. 1 (ESMT- 2024-0141) 8. McDermott Village Apartments Water Main Easement No. 2 (ESMT- 2024-0142) 9. McDermott Village Apartments Water Main Easement No. 3 (ESMT- 2024-0143) 10. McDermott Village Apartments Water Main Easement No. 4 (ESMT- 2024-0144) 11. McDermott Village Apartments Water Main Easement No. 5 (ESMT- 2024-0145) 12. McDermott Village Apartments Water Main Easement No. 6 (ESMT- 2024-0146) Meridian City Council December 3,2024 Page 3 of 30 13. Apex Northwest Subdivision No. 5 Water Main Easement No. 1 (ESMT-2024-0161) 14. Apex Northwest Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0162) 15 Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 1 (ESMT-2024-0163) 16. Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 2 (ESMT-2024-0164) 17. Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (H-2024-0033) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. 18. Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (MCU-2024-0003) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. 20. Findings of Fact, Conclusions of Law for The Gateway at 10 Mile (H- 2024-0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. 21. Development Agreement (Apex Farr Subdivision H-2024-0014) Between City of Meridian and Smith Brighton Inc.; DWT Investments LLC; SCSH Properties LLC; Brighton Apex LLC; Brighton Development Inc.; SCS Investments LLC; The David & Kristin Turnbull Family Trust Dated August 1, 2006; and The Tomlinson Foundation for Property Located on the West Side of S. Locust Grove Rd., North of E. Lake Hazel Rd. and East of S. Meridian Rd. 22. Development Agreement (Calvary Chapel Meridian H-2024-0020) Between City of Meridian and Calvary Chapel Meridian, Inc. for Property Located at 3600 W. Nelis Dr. 23. Development Agreement (Keep West Subdivision H-2023-0047) Between City of Meridian and Dawson Ranch LLC, for Property Located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. 24. Development Agreement (Life Church Inc. H-2024-0024) Between City of Meridian and Life Church Inc. for Property Located at 3225 E. Commercial Ct. 25. Approve and authorize Procurement Manager to issue the Purchase Order to The Public Restroom for the Not-to-Exceed amount of Meridian City Council December 3,2024 Page 4 of 30 $372,534.00 for two Prefabricated Buildings and installation of buildings at Lakeview Golf Course 26. Approval of Memorandum of Understanding between the City of Meridian Finance & Public Works Departments for the ARPA funding for the Wastewater Resource Recovery Facility Biosolids Dryer Project for the Not-To-Exceed amount of $192,878.46 27. Approval of Memorandum of Understanding between the City Finance & Fire Departments for the ARPA funding for the Fire Station 8 Construction Project for the Not-To-Exceed amount of $4,411,111.61 28. Fiscal Year 2025 Budget Amendment in the Amount of $53,769.00 for Department of Homeland Security Assistance to Firefighters Grant 29. Resolution No. 24-2491: A Resolution Vacating a Portion of the 10- Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lots 2 and 3 in Block 1 of Medina Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date 30. Resolution No. 24-2492: 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 11.246 Acres of Land for the Expansion of Life Church and the Operation of Life Bible College, Generally Located at 3225 East Commercial Court, in the Southwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date 31. City of Meridian Financial Report - October 2024 Simison: Next item up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: With those two items that have been moved I move that we approve the Consent Agenda as presented. For the Mayor to sign and the Clerk to attest. Strader: Second. Simison: Have a motion and a second to approve the Consent Agenda as amended. 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. Meridian City Council December 3,2024 Page 5 of 30 MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 19. Findings of Fact, Conclusions of Law for Centrepoint Apartments (H- 2024-0019), by Nicolette Womack, Kimley-Horn, located at 3030 N. Cajun Lane and 3100 N. Centrepoint Way, near the southwest corner of N. Eagle Rd. and E. Ustick Rd. Simison: So, with that we will move on to Item 19. Cavener: Mr. Mayor? Simison: Yes, Councilman Cavener. Cavener: A point of clarification. I'm not seeing the public comment on tonight's agenda. Simison: It is. Public forum. Cavener: Public forum. Yeah. Simison: Under future meeting topics. Cavener: Under future meeting topics. Oh. Fair enough. Thank you, Mr. Mayor. I just -- before we moved into Action Items I wanted to -- I think there was somebody that I heard was going to sign up and I wanted to make sure that we -- we got there. So, perhaps I'm putting the cart before the horse. My apologies. Simison: Okay. So, with that we will move on to Item 19. Mr. Nary, did you want to lead us in on Item 19 or is this planning staff? Nary: Mr. Mayor, Members of the Council, so there were some -- as we prepared the findings on Item 19 there were some clarity that the applicant was looking for. I provided you with a memo they provided to sort of clarify what they wanted when I spoke with Planning. Again, the Planning's intention was they took the findings as they were approved, as they were drafted previously and they just -- again, I think from a clarification standpoint as we continue through the process of the development there is design review that needs to be happened next and so if the Council has, from reviewing that memo, wants to make clear so that Planning knows what they are looking for and what the Council's desire was when we approved the findings, it doesn't appear to me that we are asking to amend anything, but simply make sure that we are clear on what the Council's direction was. And I spoke with Council Member Taylor about that for a bit previously. Taylor: Mr. Mayor? Meridian City Council December 3,2024 Page 6 of 30 Simison: Councilman Taylor. Taylor: As I was the one that made the original motion I did review the memo, I went back and re-watch -- excuse me -- re-watched the hearing just to ensure that nothing was missed from my intention with making the motion. I'm in agreement with the clarification as presented in the memo. So, I'm not sure if this is something we have -- we don't need to vote on or do we want to make a motion, but it is -- as a motion maker it was my intention that we agree with those -- clarification that is in the memo, so -- Simison: Can you state that on the record for those that don't have the memo in front of them? Nary: Well, it -- it -- it -- yeah, it has been added to the record. This memo has been added in today, but I think it may be -- Bill could help us with that. Is this the condition I that we are looking at? Parson: Yeah. Mayor, Members of the Council, I do have the memo in front of me. So, there is -- in -- in the memo it -- it speaks to -- if you recall the elevations were going to be a sloped roof on the two-story building and so the -- the -- the eave of the structure is at 20 feet and as you travel up to the peak of the structure it goes up to 34 feet and so that's the clarification that the applicant wants. So, it is item two and three as stated in the memo. So, right now it says not to exceed three stories or 38 feet in height and the applicant wants it to -- clarification based on what I heard from Councilman Taylor, she -- they have stated that they would like it to be from -- sorry. Here -- let me look here. I thought it was in here. From 30 to 44 feet if it is a peaked roof and not a flat roof. So, I think that's the clarification is the Council gave them options to do -- one -- one building was to have a sloped roof and one -- the three story could have either a flat roof or a sloped roof depending on the applicant's choice and I think that was your intent, Councilman Taylor. So, the applicant just wants that clarification that if there is a sloped roof that that -- that will change some of the variations to the peak of that roof. Currently it's -- it's pretty specific in -- in those DA provisions. So, if that was your intent, then, yes, I can certainly work up -- fix the Exhibit A to reflect your change and, then, get those in front of you for signature. Taylor: Yeah. Mr. Mayor? Simison: Councilman Taylor. Taylor: Yeah. I think that's an accurate representation of it. Like I said, I reviewed it, went back and re-watched it all and that's in line with what I believe that we were doing at the time. So, if you -- if -- for clarification for the record either -- you know, I -- I could read this in or we can include the memo or Bill's description. I -- whatever you think is needed from me I'm happy to do that. Nary: Mr. Mayor, Members of the Council, since it's part of the record -- I mean if you want to reference that that's fine. I think that's adequate. Meridian City Council December 3,2024 Page 7 of 30 Simison: Yeah. I just don't want there to be anymore nonclarity. I just want it to be very clearly stated for everybody, so we all get it. Taylor: Yes. Mr. Mayor? Simison: Councilman Taylor. Taylor: Since I referenced the memo that is part of the public record I think that would suffice. Simison: Everybody over here agree that case -- okay. Just want to make sure that everyone is on the same page of what is being referenced by not referencing it. Okay. With that do I have a motion on Item 19? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I make a motion to approve Item 19. Cavener: Mr. Mayor, I will second the motion. Simison: I have a motion and a second to approve Item 19. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is disagree to. MOTION CARRIED: ALLAYES. PUBLIC FORUM — Future Meeting Topics Simison: Okay. Next item up is public forum. Mr. Clerk, do we have any signed up? Johnson: Mr. Mayor, just one. Travis Clyde. Simison: Good evening, Travis. You will be recognized for three minutes. Clyde: Thank you. Okay. Good evening, City Council. Thank you for this time tonight. As many of you know already my name is Travis Clyde and I'm here tonight to bring something to your attention and hopefully find some resolution. I'm here in the capacity of one of the founders and board members of Exceeding Excellence Education Foundation and Idaho Sports Academy. On September 10th of this year Idaho Sports Academy director reached out to Meridian Homecourt to schedule the facility for a basketball tournament from January 2nd through the 4th. After e-mails and phone calls we were told that the facility was not available the weekend because there was a tournament scheduled for the weekend prior and they wanted to make sure that the court remained free to member's use. With that we proceeded to book other gyms in Meridian City Council December 3,2024 Page 8 of 30 the valley. It is important to note that we had already established a relationship with Meridian Chamber of Commerce to partner up and make the tournament a community event. On November 24th, through a text to our director, it came to our attention that Meridian Homecourt was hosting a basketball tournament the same weekend that we had previously requested January 2nd through the 5th. I immediately e-mailed Parks and Rec about it and asked why another organization had been able to book the weekend that we were requested after the date of the first e-mail and -- sorry. After his response was lacked with a demean of good explanation I called Council Member Cavener. What we were told was that there was a policy in place that allows any -- an organization that -- what -- has booked their Homecourt facility to move their event within a window of six weeks prior and/or after their previously scheduled date, making a three months open window for an event. I asked for -- if a copy of the policy would be provided. I have not received anything, nor could have -- find anything online referring to the policy. However, yesterday I received an e-mail from Homecourt with a scheduling philosophy attached. I have copies to -- for all of you for your liking if you like. We have used the facility for -- for scheduling practice times. Procedures -- the procedure used -- used is what I have expected with an event rental. If the facility was booked, then, our name was put on a waiting list. Once the team or organization cancelled their practice time or request to move it the list is consolidated and the first one on the wait list would be offered the first right to refusal and, then, it moves down the list until either the time is booked or the list is exhausted. Like I said, this is the -- what we were expecting. It was -- it is how our facility facilities are run within Parks and Rec for other grounds and facilities. I experienced with -- this with other organizations that I work with. The whole experience has not only enlightened me about the workings of our public facility, but a tarnish on my view of it. Simison: One second. Clyde: My director and I, our founders, all felt a bias against us by the Parks and Rec and Homecourt staff and we were not sure how to handle this. This is why -- this is -- it is with this that I am -- I come tonight to hopes of some kind of resolution or change. Simison: Thank you, Travis. Appreciate it. Clyde: Any questions? Simison: No. Can't -- Clyde: Thank you. ACTION ITEMS 33. Public Hearing for Baratza Subdivision (H-2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. Meridian City Council December 3,2024 Page 9 of 30 A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R- 15 (53.32) zoning districts. B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. Simison: Thanks. Okay. So, with that we will move on to our Action Items for this evening. Next up is Item 33, which is a public hearing for Barratza Subdivision, H- 2024-0016. Am I opening the public hearing on this item? Is -- I can't recall -- Nary: Mr. Mayor, Members of the Council, I don't believe they have -- they have noticed it properly. So no. Simison: Correct. So -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm going to look to our clerk that this has been noticed for December 17th for a public hearing? Planning staff. Whomever. Parsons: I -- it was -- well, they are asking to continue it to the 17th tonight. Simison: Was it ever properly -- I'm trying to figure out if I open it or don't open it, because it wasn't properly noticed. I can't -- I don't know why we are not hearing it tonight. That's what I'm trying to figure out. Parsons: Mayor, Members of the Council, we are not hearing it tonight. We are still working with the applicant through some details on some of the -- they are working with ACHD on some road improvement enhancements that they want to include as part of their development and we have asked for them to provide a little more time so we can get those right and get those presented in front of you for an -- for an appropriate hearing date. We did not get that information until late, so we asked them to request continuance to a date certain, so that we can have that information in front of you. So, originally we were scheduled to have it for the 3rd. I think it is scheduled for the 3rd. That's why it's on your agenda tonight. But I don't know as -- Matt, have you noticed the site, posted it with the December 3rd hearing? So, it has been posted for tonight's hearing. So, again, it sounds like you should probably open it up and continue it to the December 17th hearing. Cavener: Mr. Mayor? Meridian City Council December 3,2024 Page 10 of 30 Simison: Councilman Cavener. Cavener: I want to make sure because that -- we have heard I think a little bit two different directions. The applicant is requesting a continuance to address some feedback from staff to hopefully bring forth a positive resolution. This isn't being required to be continued because of a noticing error. The applicant has followed all the laws and rules. But in an effort to bring forth a more appropriate application they and we are requesting to move it to the 17th, which is the sign that has been noticed. Parsons: Mayor and Council, that is correct. Cavener: Yeah. Mr. Mayor, I think, then, we would need to open the public hearing. Simison: Yes. So, with that we will open Item H-2024-0016. Even though we just had comments from staff, does the applicant want to make any additional comments as it pertains to the request for continuance? So, applicant is in agreement with the comments from staff that they were made in advance. Cavener: So, Mr. Mayor, I just wanted to make sure. I don't know if there is anybody that's here tonight to testify on this application that wouldn't be able to be here on the 17th. If you raise your hand if that's you, either online or in person. Not seeing any hands in the room. Simison: And only staff is online. Cavener: Okay. So, Mr. Mayor? Simison: Councilman Cavener. Cavener: With that I move that we are going to continue Item 33, the public hearing for H-2024-0016 to December 17th. Strader: Second. Simison: Have a motion and a second to continue Item 33 to December 17th. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. MOTION CARRIED: ALLAYES. 34. Public Hearing for Black Cat East (H-2024-0047) by Sawtooth Development, located at 935 S. Black Cat Rd. A. Request: Annexation of 3.62 acres of land with the I-L zoning district to allow industrial development. Meridian City Council December 3,2024 Page 11 of 30 B. Request: Modified Development Agreement to include this property in the development agreement for Black Cat Industrial (H-2021- 0064). Simison: With that we will move on to Item 34, which is a public hearing for a Black Cat East, H-2024-0047. We will open this public hearing with staff comments. Napoli: Good evening, Mr. Mayor, Members of the Council. The next item on the agenda is the annexation and development agreement modification for Black Cat East. The applicant is requesting annexation and a development agreement modification of 3.62 acres of land with the I-L zoning district to construct an approximately 74,365 square foot industrial building. The site consists of 3.62 acres of land located at 935 South Black Cat Road. As shown on the screen the existing -- existing zoning is RUT in Ada county and the FLUM designation is mixed employment. The property -- the property was part of the initial application for Black Cat Industrial in 2021 , but was not annexed at that time. The applicant is now seeking annexation to integrate this property into the surrounding development and align it with the broader -- broader planning efforts in the area. While -- while I-L is not the preferred zoning in the mixed employment designation, the City Council previously approved a request for the zone in the surrounding development. To do this the applicant requests the same approvals granted by City Council in the previous application to ensure cohesive and consistent development. In 2022 a traffic impact study was completed with the previous application and was not required with this application. However, the TIS addressed concerns regarding the traffic from this development -- development and was found that the infrastructure will be able to manage the 2.2 million square feet that will be developed within the broader project. This property was included within the scope of the TIS. Additionally, there were thresholds placed on the occupied square footage that will trigger roadway and infrastructure improvements as the development continues to be built out. The surrounding developments have similar requirements and restrictions on the development until certain road -- road improvements are completed. According to the concept plan the predominant use appears to be warehousing and distribution, which is consistent with the surrounding area and aligns with the City Council's previous approval. Access is proposed of an existing curb cut on West Grand Mogul Drive, which is consistent with the original concept plan. The building elevations and landscape plan will be analyzed with the submittal of the certificate of zoning compliance and design review. However, the applicant is proposing a change to one of our development agreement provisions. Staff has worked with the applicant to revise the elevations and have come to an agreement on the eastern facade. Staff's existing DA provision provides flexibility in the form of a design standard exception that allows the fenestration requirements to be reduced. However, after working with the applicant staff is also recommending a change to the DA provision that allows the fenestration to be reduced to ten percent instead of 20 percent. So, on the screen the original development agreement provision that the Planning and Zoning Commission saw is above and this is staff's proposed change. Really, the only change is to reduce the fenestration from 20 percent to ten percent and the applicant is also proposing their verbiage for this for your consideration tonight as well. So, the Commission is Meridian City Council December 3,2024 Page 12 of 30 recommending approval and has received written testimony from Clay Sammis, the applicant slash developer, proposing a change to the DA provision in the staff report. And I will stand for any questions at this time. Simison: Thank you. Council, any questions for staff? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Can you pull up the previous slide real quick? So, just -- I would like to hear staff's analysis of how our proposed change compares to the applicant's proposal and why it's different from your perspective. Napoli: Mr. Mayor, Council, Council Woman Strader, so, yeah, as far as with this staff's mechanism to reduce ASM standard -- so, this is an Architectural Standards Manual standard to have 30 percent fenestration. However, the Ten Mile Interchange Specific Area plan allows for 20 percent, but, you know, after talking with the applicant and working through it really our mechanism to reduce the fenestration is through a design standard exception and that the applicant would like that not to be the requirement here. They would like to bake it into the DA now, so they don't have to do the design standard exception at a later date, so that there is not any uncertainty, because a design standard exception is not necessarily guaranteed, it's something that we look at as staff -- as a staff. I would work with Bill to see if it's something that we would support. And, you know, in this case we worked with the applicant to revise -- to revise their elevations to really provide some additional screens on the facade to really mimic fenestration that we are looking for on this. We understand that it is an industrial building, but it is in a prominent corner of Black Cat and 1-84. So, really, the main difference is we want to keep it as deferring to the design standard exception of -- at a future date, because that's staff's mechanism to reduce the fenestration versus if you guys choose to take the applicant's proposed DA provision it would be actually a strict provision in the DA, instead of having a design standard exception at a later date. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be curious if there is any legal perspective around avoiding the design review process that we would typically do. I mean it feels like the outcome would be the same. So, kind of -- I love following processes when they make sense, but if it's kind of go to the same outcome I'm sort of -- is there any downside from our perspective of not following the design review process? Like does that set some sort of precedent? Does that undermine us in some way on a broader basis I guess is my question, so -- Nary: Mr. Mayor, Members of the Council, Council Member Strader, you know, I -- don't think so, because, again, we are trying to be consistent with the remainder of the Meridian City Council December 3,2024 Page 13 of 30 project and bring it just in line with that. So, that's a fairly unique circumstance versus just simply a blanket -- you know. Simison: And it's my understanding this is not removing the process, this is just changing the lens by which it gets looked at in the process. Nary: Correct. Strader: Thank you. Simison: Okay. Any other questions for staff? All right. Would the applicant like to come forward? Koeckeritz: Good evening, Mayor and City Council Members. Elizabeth Koeckeritz with Givens Pursley. 601 Bannock, Boise, Idaho. I'm here to present the Meridian commerce part, the last remaining piece of the annexation and zoning for this. I'm here today with Clay Sammis and Brandon Swanson, who are members of the Sawtooth Development team. They will be able to answer any questions that I'm not able to and, as I mentioned, today we are here just for the annexation and rezoning of the final piece of this development. You can see -- oop. I already went too far. Here this was the original submittal for the Meridian Commerce Park in 2022 and in the bottom right there is that building labeled M1 and that is the location we are discussing today. It was originally included within the initial application and, then, for various reasons it was not followed through throughout the entire development process and was dropped before the final approval. So, this is, then, what was approved in 2022 -- September 2022 where this parcel is not included in it and now today this is how the site we are hoping that it looks with your approval of this last site. This is how the current proposal has been developing and is currently developing. It's now labeled L on that bottom right corner. The building and the site -- here you have another view of it. They meet all the requirements of the development code. We are overparked and it does finally provide that final corner entrance that has been missing from Grand Mogul Avenue at this location. As staff mentioned, we are -- ah, it goes so fast. We are in agreement with all of staff's conditions of approval, except for B, which, then, requires us to apply the design standard exception. I think the Mayor -- he really had it exactly right when we are really just looking at how we change the lens at how we look at this. We still would have to go through the design review process, but it just seems to make a lot of sense to have that if it's agreed to right now. We have worked really closely with staff on making this -- sure that this is something that staff really likes, that staff can buy off on and, hopefully, that you will as well. If you look we do have -- the picture on the left is how it would look along Black Cat. The picture on the right is that frontage along Grand Mogul. There is a strong -- it's a false storefront right on the corner there and, then, heading down Black Cat there are these large metal screens that staff has looked at and thought looked good. It actually slightly exceeds the ten percent that we are asking for and so, then, you can wrap around the corner and that's going that way down Black Cat -- wrap around the corner onto Grand Mogul. You can see that false storefront with Meridian City Council December 3,2024 Page 14 of 30 the canopy and, then, the actual entrance is located just down the street there. And with that -- here is another view of it. I would stand for any questions. Simison: Thank you, Elizabeth. Council, any questions for the applicant? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Ms. Koeckeritz, it's nice having you. We have been seeing you a lot lately. It's nice having you here. I appreciate you. Koeckeritz: Thank you. Cavener: I was really excited about this project when it was before us a couple of years ago. During that time ACHD had planned to make some improvements on Black Cat much sooner now than they are planning to do. You got to think better than E right now on Black Cat, not counting a lot of the other stuff that's been approved, but hasn't been developed. So, I'm apprehensive and so I'm trying to get some understanding about how many vehicles trips this is going to generate, what -- when are they going to be coming in and out? What's -- what's traffic generation going to look like, because the Franklin-Black Cat intersection is not great and it's -- I don't want this to be the -- you know, the fly that breaks the camel's back, but it's starting to really feel that way. Koeckeritz: Mayor, Council Member Cavener, great question. This -- this square footage was included within the original TIS because it was originally presented as the larger development and it was included within that and so this has already been accounted for within that first TIS was for the full two million square feet and so, then, there are -- there have been a lot of developments approved here recently and I have got a slide in here that's talking about when this development -- when the current DA -- so, there is the current DA on the rest of the property and we are asking to have this property added to that within just a couple of little tweaks based on its location. These are -- and the TI -- the current DA -- and this will, then, be part of that -- includes when the developer is required to make certain changes and do certain road improvements and so right now -- and these road improvements have also been conditioned on other developers and so there is a question of who is reaching the stage -- this point first and at what point these will get made. Currently they have almost 600,000 square feet under construction or under occupancy and so it's not that far off before they would be looking at starting to make some of these improvements here. And you look still confused. Cavener: Mr. Mayor. Not necessarily confused. And certainly -- it's good to know that this was included in part of the previous TIS. But, yeah, this is before us today with the delays with ACHD. As much as I love this product I don't know if I would vote for it and so help me understand -- I think you said you have got -- you are required to have spaces for 35, you are overparked, which is good, but that's what I think -- if I remember Meridian City Council December 3,2024 Page 15 of 30 135 stalls. So, are you anticipating 135 vehicles coming in and out? Are these a.m., p.m. peak hour trips? Are these midday? Are these, you know, 7:00 a.m., 5:00 a.m. type of visitors? Help me understand kind of what the traffic flow is going to look like for this particular element. Koeckeritz: Okay. So, first, another good question, Council Member Cavener. First it is overparked and that is in part -- I mean because there is extra parking here based on this weird remainder piece down sort of tucked under the Interstate. So, there is extra parking spaces there that hopefully are not used on a regular basis. But down in the corner -- if we go back up to a different site plan you can see that. It's -- whoa -- whoa -- whoa. You can see down here that that's just sort of a strange spot. But, then, it is anticipated that it will be following the same sort of general day to day as the other businesses and what else is being built in there, which generally would be business hours or a little before 7:00 to 6:00 or 7:00 at night generally Monday through Friday. Cavener: Okay. Thank you. Simison: And just so I understand, this is just getting in line behind all the other -- until certain road improvements are done you can't go above certain square feet. Koeckeritz: That's exactly right. That's very clearly spelled out in the prior DA. It's included in there. Simison: You have -- you had it up on the slide. Koeckeritz: Yeah. Simison: I just want to articulate that clearly with the record that this doesn't allow more to be built prior to what's in the DA, it's just part of the continuation of once road improvements are reached -- Koeckeritz: Yep. Simison: -- these -- you can build out to those numbers. Koeckeritz: Yeah. Once we reach 960,000 square feet of occupied space, Black Cat must be widened to five lanes between the east and west collector and Franklin and the intersection of Black Cat and Franklin must be improved as recommended by ACHD. And the intersection McDermott and Franklin must be improved with a two way left turn lane and so that has to happen between 960,000 to exceed that and, then, 1 .5 million. Simison: Thank you. Council, additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we do not. Meridian City Council December 3,2024 Page 16 of 30 Simison: Is there anybody present who would like to provide testimony on this item? Would the applicant like to make any final comments? Applicant waives. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Nobody else stepping up to make any public comment, I move that we close the public hearing on File No. H-2024-0047. Strader: Second. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: It seems like a pretty straightforward request. I'm certainly cognizant of the comments that Councilman Cavener made about the -- a lot of the activity along Black Cat that we have seen, but considering what was approved, some of the history in reviewing that, it seems like more of an administrative thing that we are addressing tonight to move things along accordingly and get the entire project approved and move ahead. So, I didn't really have any questions. In reviewing the application it seemed like it was pretty straightforward. So, I think I'm supportive of the -- what's proposed before us tonight. I probably will have some questions on exactly what it is we want to make sure that we are supporting in terms of the recommended language that was outlined by staff and maybe we can get to that in a little bit. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I find myself also agreeing with Councilman Taylor. This seems very straightforward. It really seems like this was approved. Even though it wasn't part of the original agreement it was approved as part of that original agreement in 2022 and that it will still fall under those requirements and still fall within those traffic thresholds with the rest of the project and I will be in support of this this evening. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council December 3,2024 Page 17 of 30 Cavener: It's just interesting. I -- I find myself in agreement with -- with both my Council Members as well, but I also am trying to remain consistent and I have been pretty direct with some applicants along this area that have generated a lot of traffic onto Black Cat and Franklin that better than E isn't good enough to add additional annexations. I am excited for this project, I believe in this project and I -- it frustrates me that we continue to find ourselves in situations where another agency is controlling our community's growth and success, but because I don't have a mechanism to resolve this particular issue I likely won't be in support of the request tonight. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I look at this -- although it is an annexation I do view it as a continuation of the business plan that was presented to us and I also feel that the consistency that is achieved from letting the annexation move forward is important. I wouldn't want to see an applicant come in ten years with the totally different plan that's not cohesive with what we have already approved here. So, I think for the purposes of consistency and because to me it is not a material amount of land relative to the scope of the whole project, that's why I think it makes sense to move this forward, but I would caution applicants for future annexations along Black Cat that we are really struggling with the traffic situation on Black Cat and it's going to be really challenging for us going forward. We are going to consider each application, but just for anybody that's listening, just so that they understand the reason -- at least in my mind why I would vote to approve this is kind of what I described. I'm not troubled by the applicant's request in terms of their proposed condition. I think we end up in the same place and it's not going to impact any other surrounding properties. It's really just a question of getting something kind of flagged ahead of time and I think it makes sense in this instance. So, that's kind of where I'm at on it. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Since everyone else has weighed in I will weigh in as well, because to me it really does feel like we are just finishing a necessary project and so I will be for -- the statements already said -- in support of the project. Strader: Mr. Mayor? Simison: Councilman Taylor. Taylor: I would be prepared to make a motion, but I would like to clarify -- just in terms of making the motion what we are agreeing to. So, in reading through this here indicated that staff has worked with the applicant since the P&Z hearing and has come to an agreement on the language, so, in making the motion is it sufficient to just approve Meridian City Council December 3,2024 Page 18 of 30 the file number with the staff report? Is that sufficient to accommodate the agreement that P&Z -- or that staff made with the applicant? Napoli: Mr. Mayor, Council Member Taylor, so as far as with that I think it's really just a matter of staff's process as far as with us. Really our mechanism for it is a design standard exception versus -- they wanted to be, you know, in the DA right now first and I think they would still be willing to do a design standard exception with future with this provision, but as far as with staff, really, our mechanism forward is that design standard exception, unless you guys choose otherwise to adopt their DA provision. So, it really in your motion if you want to put it in the DA now with the ten percent fenestration you would go with the applicant's provision over staff. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I'm personally comfortable with putting in the -- the development agreement with the -- the proposed changes of the applicant, but just making sure that any of my other fellow Council Members are okay with that and that that's the understanding that we are okay with that. Okay. So, hopefully, I can get this motion right. I have struggled recently. Mr. Mayor, I -- I would move that we approve File No. H-2024-0047 to also include the changes in the fenestration from 30 percent to ten percent, the language recommended by the applicant for the development agreement. Did I capture everything? Is that sufficient? Whitlock: Second. Overton: Second. Simison: I have a motion and a second. Do I have discussion on the motion? If not, Clerk will call the roll. Roll Call: Cavener, nay; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: Five ayes. One nay. The item is agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. Simison: And for the record I wasn't in support of this project initially. I have had great conversations with the team since then, but this is a great way to continue and to finish it properly. So, thank you for bringing this forward and making it implement well. 31. Resolution No. 24-2493: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 10.10, Meridian City Council December 3,2024 Page 19 of 30 Regarding Responsible Use of Artificial Intelligence (AI); and Providing an Effective Date Simison: Okay. With that we will go back to Item 31 for conversation. Mr. Tiede, would you like to come up and make any comments? Tiede: Mr. Mayor -- Mayor, Members of the Council, thank you for having me this evening. What you have before you is a policy and procedure for the responsible use of artificial intelligence, specifically -- more specifically along the lines of artificial or generative artificial intelligence. You have a memo before you. As an organization we feel like Al is very powerful and has a lot of benefits, but at the same time we want to make sure that we have some good side boards around its use as an organization. So, some of the key points in the policy are regards to approval, so that if we are expending city funds, especially city funds that are on our reoccurring expense, that there is appropriate approvals for that, that we maintain security -- cyber security as a whole and that artificial intelligence use does not compromise that and that ethical use is included. So, there is more details in the procedure, but that is kind of the gist of the policy. I would like to thank our City Attorney's office, Human Resources Department, our leadership team and the IT Department for helping craft this policy and procedure. I feel like it's a little bit past due at this point in time, but I will stand for any questions. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a pretty good amount of things to chat about, but maybe starting with -- I think -- you know, I understand that the Council agreed that we would split our operating procedures and our policy review and that policy review is typically the purview of City Council and we don't tend to get into the weeds on operating procedures. However, in this case where this is a brand new policy, I personally would feel much more comfortable if I had a copy of the operating procedures that went with this, because the kinds of things that I'm looking for are Al risk assessments as part of the implementation of -- of Al products. I want to understand how this interfaces with our vendors who may use Al and I actually think that the policy scope here needs to be broadened, so -- and maybe I will just start with I guess my -- my first comment is I think we need to look at the procedures to inform our decision about the Al policy. So, that's like my first comment. My second comment is that the definition of artificial intelligence within the policy is insufficient. I -- I think we need a clear definition of it to help avoid ambiguity and to help our employees and part of the reason is that I guarantee you that our employees are already using Al right now. I use Al now almost on a daily basis. It's a very powerful tool and I think we need to define it, so we want to talk about, you know, systems and tools that simulate human intelligence, machine learning, natural language processing, like however you want to define that, but I think -- I think digging into that definition is really important as we kind of step through this. So, that's another comment Meridian City Council December 3,2024 Page 20 of 30 that I have about the policy. And, then, I think -- yeah. Again I think understanding risk assessment, understanding how we are going to monitor and kind of look at how we bubble up concerns; right? So, as we are implementing a new technology -- again, this is like nuts and bolts kind of stuff, but I really do think we need to understand the procedure. Mitigation plans. I care a lot about transparency and auditability. So, I really want to go there, but I would like to start with something more positive, which is I would love to -- and this may be happening already, but I would love to hear from each department here are our top use cases of how we feel Al could be beneficial, how we could do our jobs more effectively with fewer resources in the future and just really get a flavor for what that looks like; right? So, is it the MUBS folks and folks in utility billing want to have a chat bot, you know, to deal with some customer inquiries? Is it that the police force thinks there is already a really good use case for some types of Al, but, then, we have issues of understanding how the Al itself might be looking at people and things. But the kind of core principle I come back to is any kind of critical infrastructure ever in the City of Meridian that uses artificial intelligence for me has to have a human as part of that loop. So, those are some of the things that I care about. I just -- I think this is a great start. Everyone has to start somewhere and this is where we are starting and I think it's a great start, but I think it needs to be more robust overall. So, that's just kind of a general comment. I would be happy to take time to chat with you, whether it's Dave and the City Council liaison for that department or however we want to do that, but, you know, it's definitely a topic I'm very interested in, but I think there needs to be a little more meat on this bone just generally is kind of my initial look at it, although could be with the standard operating procedures that -- that those concerns may be mitigated to a great extent. I just don't know. So, anyway, that's kind of my feedback and why asked the Council President if we could pull it off of the Consent Agenda. Tiede: Council Woman Strader, thank you for those comments and questions. I will say that I was under the assumption that the procedure would be presented to Council, as well as part of this, so apologies if that did not happen. But we do have a procedure that goes along with it, so we can definitely forward that on for your information. Another point that I wanted to bring up is that this is a -- this is kind of a first evolution of a policy and procedure at this point in time. As Al continues to, you know, affect all different aspects of everything we do this policy will need to evolve and transform as well, so that we are keeping up with the times. So, something we are aware of and know that it will need to change and adapt as we do. Simison: And, Dave, I think -- can you speak to the definition that you use? I recall when you presented you said this was the standard definition from your viewpoint, at least of what -- maybe that's the government, I don't know, but -- Tiede: Absolutely. Mr. Mayor, Members of the Council, so we do have a definition in the procedure section that was moved to the procedure section intentionally, because it didn't feel policy -- really policy driven. But we did talk about how artificial intelligence is technology. Usually software that enables computers to perform tasks that typically require human intelligence, so learning, reasoning, research, writing, analysis, we had a lot more detail in there at one point, but we have tried to reduce the complexity, because Meridian City Council December 3,2024 Page 21 of 30 if -- as you know with Al there is a lot of different technologies. There is machine learning. There is natural learning. There is language learning. All those different pieces and, quite honestly, some of our buzzwords -- some of them change and are adopted, you know, overnight new ones. So, we are intentionally trying to keep it at a little bit higher level, so that we had flexibility, but I can also understand coming from -- from that standpoint. Simison: And I think, quite frankly, the main thing about this policy was to get a -- an element so employees didn't go out and start buying Al products and utilizing them without people knowing. Kind to the point, you know, we -- we can tell people not to do it, you know, but the policy gives us a little bit more teeth to do it, but that was -- that was the driver of us to get to where we were. We did have some pretty interesting dynamic, robust discussions amongst the directors about Al and what it means and where you should disclose or not disclose or go and I think everyone understands the -- the future potential and the future liabilities along the lines that made it very clear no one ever better send me something that was generated by Al and say that they wrote it, you know, especially if they wanted me to publish it out into the community, you know, unless they tell me Al wrote it, you know, so that there were some very basic conversations, but everyone understands that this has a lot more to it, but the policy was really driven -- yeah, I'm going to just put words in -- we were trying to address issues of people, you know, overextending city budgets on things without having a policy instructing them not to do that. That was the driver to get us -- this conversation moving forward. We could probably talk about Al every week with a different focus as directors, to be honest with you, with the -- with how it changes and moves and how everything is to a certain extent anymore Al. You know, what is Al? I'm sorry, I -- every time I put something in Google and -- apparently Google was Al before Al was Al. But it's definitely now something completely different anymore with the information you receive back from Google, because it's not just a link to a website, you know, it's -- it's a generated algorithm of information that it's now delivering to you and so it's -- you know, we are not saying don't use Google, we are saying don't pay for a service to generate something unless you go through the proper channels to make that happen. That was the driver of the -- of the conversation. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Isn't it using city dollars to purchase technology -- isn't that already covered in our city purchasing policy and technology use policies? I guess I'm struggling to see if -- if the goal of bringing this forth is to govern how employees can or can't purchase items that incorporate Al, I feel like that we have covered that already and, again, we -- to your point, Mayor, we can talk for weeks about this. I am one that is incredibly supportive what are -- whatever you can do to create efficiencies, improve how we do our work. I'm open to those conversations and I don't want us to limit our employees' abilities to find successes utilizing machine learning. I don't see this policy as a way that does that, but some of the comments that I hear lead me to think that maybe that's Meridian City Council December 3,2024 Page 22 of 30 not maybe the approach that we want to go with with the city and I -- I -- I guess I just would respectfully disagree. Tiede: Mr. Mayor, Members of Council, while -- from my perspective cost was definitely one factor that we wanted to consider. There are many other factors in here that we felt were important consider -- important to consider, especially as we visit with other municipalities, other companies that use Al on a day-to-day basis that we felt were important to have some type of policy that, you know, put sideboards around how employees use that. A good example is one of the items that Council Woman Strader brought up, which is transparency, so that is part of the procedure that we have in here. We have statements on accountability. We have things around approval, confidentiality of data, quality control -- again human review as part of what is produced, because, quite frankly, sometimes Al isn't perfect, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Dave, in light of some of these questions, comments, talk to me about operational impacts if the Council delays adopting this policy this evening. Tiede: Councilman Cavener, I don't feel like we have operational impacts for delaying the policy other than, again, with any software that is freely available for people to use, it is really hard for us to have controls in place without a policy that gives us some accountability. Cavener: Mr. Mayor, follow-up. Simison: Councilman Cavener. Cavener: Free software on employees own devices; right? I mean you have got policy right now that guides how city computers how -- city's machines -- okay. We will make sure we are on the same page. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: This is a really interesting discussion and it's ever changing and so to your point I think we need to stay in tune with how -- the advancements of Al, how the city should use it appropriately. I think it's an ongoing discussion that all departments really need to be engaged in, so -- and I do appreciate you kind of taking the lead on this. You know, as I read through it it seems like what we are doing here is -- it -- it -- it's hard to get our arms around what it all is and so we are introducing a level of accountability to make sure that department heads are engaged actively and kind of what's happening, especially with the expenditure of funds. To Councilman Cavener's point about do we Meridian City Council December 3,2024 Page 23 of 30 have existing policies that kind of guide that already, I mean it would seem reasonable that, yes, that's the -- that's true. That said, Al is -- it's different today than it was a month ago and six months ago and -- and so -- it's really interesting. My brother is actually an Al technology consultant and I talk to him regularly and it is a -- the -- the speed at which this changes is truly astounding and we would also be remiss if we didn't figure out how to harness that as a city to leverage that, because I think there is some real cost advantage -- benefit to the city, especially as we serve our constituents. So, you know, I'm -- I'm -- it kind of feels like a broader discussion at some point is -- is appropriate, but it seems to me like this policy is pretty simple, it's just getting us started and seems like we are just introducing a level of accountability that seems reasonable to me, but -- so, I don't have any -- any concerns with approving it as it is, but I -- I do think that -- my intention would be if I said, yes, let's approve this policy as is, with the understanding that we are going to stay actively engaged in and that this policy evolves as -- is kind of, you know, necessary and deemed appropriate. Tiede: Council Member Taylor, Members of Council, Mayor, that is one thing that we -- as we looked at industry standards, best practices around Al policies and what organizations are doing and what other governments are doing, we have found that, again, the start simple and continue to evolve was kind of a normal approach, because, again, it is evolving so quickly and so rapidly. So many large cities that have adopted a policy started with, you know, something that was pretty high level, simple, to the point and, then, have continued to evolve that overtime. So, that is -- that is our intention as well. So, thank you for those great points. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Again, I probably echo what Councilman Taylor just said and maybe give a different perspective. I wrote a lot of policy in 27 years and during that time one of the things I discovered is we wrote a lot of policy sometimes on things that were very dynamic. Taser policies, body worn camera policies, and did we have to modify those as technology changed? Absolutely. But if we would have waited until we would have got it all right we would have spent a long time with no policy in place and I for one think that getting this policy in place now while constantly improving it as technology changes, is the smarter decision. I think there is a lot of validity in what's been said on things that should be looked at, but I also think there is a lot of validity in getting this policy on board, getting it started and, then, continuing to work on what the next version is going to be and the next upgrade to that policy. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I think it's really important to look at the operating procedures and that's because like while this policy I think is a good start, if the operating procedures Meridian City Council December 3,2024 Page 24 of 30 make it so that functionally it's not really workable to use Al -- like I would have a -- an issue with that. I -- I would like to see -- I would like us to look at the -- what I would recommend is that we take at least a couple weeks and take a look at the operating procedures, understand how that interacts with the policy and, then, I think we could figure out how to move forward if there are areas that need to be improved or just how the operating procedures in the policy interacts with itself, because having not reviewed that I don't think it's a fair request to approve the policy. I would not recommend that -- that we do that with a brand new policy and not understanding that interaction. So, that's I guess something that I think is important and I'm -- I'm -- I'm maybe a little bit more around the -- I do think we need to have some guardrails around some of the biggest risks. I think that's important. But I'm pretty optimistic about Al. I really want us to leverage it and -- and try to use it -- its potential, especially with like -- we have seen how our budgets are extremely constrained, especially operating costs. I can't think of a better way of reducing operating costs and leveraging Al going forward. I think it's going to be phenomenal. So, I don't know, I would like to just continue the discussion for -- for a couple of weeks, look at the operating procedures and, then, we could do this at the end of December, we could do this in -- in early in the beginning of next year, move this forward with a better understanding of how -- how you, Mr. Mayor, are looking at this, how you have crafted these operating procedures and, again, it's not that Council needs to get into the weeds too much, but I think we need to get into the weeds a bit with a brand new policy. So, that's kind of where I'm at. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I recall when I was employed when the city set their social media policy and that was very much a work in progress, because that world was changing very very rapidly. I think, essentially, both things can be true. We -- we should probably work towards getting this implemented sooner rather than later, with the acknowledgement that, Dave, we will probably be looking to you and Mayor, the directors, to come back with revisions. My organization has revised our Al policy three times the past 18 months. So, I would expect to get as things continue to evolve that you are going to want to come back with changes and lessons learned. That's what I think -- maybe giving ourselves 30 days to review, provide some feedback. It sound like procedures were supposed to be provided get us a copy of that. I don't like to typically weigh into procedures, but certainly given this kind of new and emerging technology it probably makes sense for us to make sure that procedures are in line with our intent behind policy. So, Mr. Mayor, I -- I don't want to slow the conversation, but perhaps maybe continuing this to January 7th would give all of us with our unique flavor on this an opportunity to review a little bit more and provide any feedback to Dave. If that makes sense. Simison: Okay. Cavener: Mr. Mayor? Meridian City Council December 3,2024 Page 25 of 30 Simison: Councilman Cavener. Cavener: I move we are going to continue this item to the January 7th workshop. Strader: Second. Simison: Have a motion and a second to continue this item to January 7th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 35. Ordinance No. 24-2067: An Ordinance (Calvary Chapel H-2024-0020) for rezone of a parcel of land being all of Lot 4, Block 2 and a portion of the west half of West Nelis Drive as shown on the plat of McNelis Subdivision, Book 100, Pages 13082-13084 at the Ada County Recorder; said parcel being located in the south half of Section 34, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.41 acres of land from the I-L (Light Industrial) zoning district to the C-C (Community Business District) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next item up is Item 35, Ordinance No. 24-2067. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This an ordinance for the rezone of a parcel of land being all of Lot 4, Block 2 and a portion of the west half of West Nelis Drive as shown on the plat of McNelis Subdivision, Book 100, Pages 13082-13084 at the Ada County Recorder; said parcel being located in the south half of Section 34, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.41 acres of land from the I-L zoning district to the C- C zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Meridian City Council December 3,2024 Page 26 of 30 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor? Taylor: Move that we approve Ordinance No. 24-2067. Little Roberts: Second. Simison: Have a motion and a second to approve Item 35. Is there any discussion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and item is agreed to. MOTION CARRIED: ALLAYES. 36. Ordinance 24-2068: An Ordinance (Life Church H-2024-0024) for rezone of a parcel of land located in the southwest quarter of the Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 11.246 acres of land from I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next up is Item 36, which is Ordinance 24-2068. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance for rezone of a parcel of land located in the southwest quarter of the Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 11.246 acres of land from I-L zoning district to the C-G zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing Meridian City Council December 3,2024 Page 27 of 30 that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance ready by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we approve Ordinance No. 24-2068. Little Roberts: Second. Simison: I have a motion and a second to approve Item 36. Is there any discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carried. MOTION CARRIED: ALLAYES. 37. Ordinance No. 24-2069: An ordinance (Keep West Subdivision — H- 2023-0047) annexing a parcel of land being a portion of the west half of the northeast quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 16.25 acres of such real property from RUT (Rural Urban Transition) to the R-2 (Low- Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Next I move is Item 37, Ordinance No. 24-2069. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. An ordinance annexing a parcel of land being a portion of the west half of the northeast quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Meridian City Council December 3,2024 Page 28 of 30 Exhibit "A"; rezoning 16.25 acres of such real property from RUT to the R-2 zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like a read in its entirety? Hearing and seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we approve Ordinance No. 24-2069. Little Roberts: Second. Simison: Motion and second to approve Ordinance No. 24-2069. Is there any discussion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. 38. Ordinance No. 24-2070: An Ordinance (Apex Farr H-2024-0014) for rezone of a parcel of land located in a portion of the south half of the northeast quarter, and a portion of the southeast quarter of the southeast quarter, and a portion of Lot 1, Block 5 of Shafer View Terrace Subdivision (Book 128, Pages 20722-20730, Records of Ada County, Idaho), all located in Section 31, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 38.45 acres of land from R-4 (Medium Low-Density Residential) to R-8 (Medium-Density Residential) (31.27 acres), and R-15 (Medium High-Density Residential) to C-C (Community Business District) (6.42 acres), and R-2 (Low-Density Residential) to R-8 (Medium-Density Residential) (0.76 acres) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in Meridian City Council December 3,2024 Page 29 of 30 accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next item up is Item 38, which is Ordinance No. 24-2070. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance for rezone of a parcel of land located in a portion of the south half of the northeast quarter, and a portion of the southeast quarter of the southeast quarter, and a portion of Lot 1, Block 5 of Shafer View Terrace Subdivision (Book 128, Pages 20722-20730, Records of Ada County, Idaho), all located in Section 31, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 38.45 acres of land from R-4 to R-8 and R-15 to C-C and R-2 to R-8 zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 24-2070. Little Roberts: Second. Simison: Have a motion and a second to approve Item 38. Is there any discussion? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Meridian City Council December 3,2024 Page 30 of 30 Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Quick reminder before we adjourn. It's Christmas in Meridian. Our Parks Department is doing an exceptional job with so many great events this weekend and this week. Reminder we have got the holiday parade and tree lighting on Friday and I think you all saw the news, Former Council Member Borton, former Parks and Rec Commissioner Sharon Borton, are the grand marshals, like bacon wrapped in asparagus, they are just better together and I'm so happy that they are our Grand Marshal and if we are planning to attend the parade make sure you let Shelly know and we will see those of you that are attending on Friday. With that, Mr. Mayor, I move we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-17-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-17-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 12, 2024 City Council Work Session Meridian City Council Work Session November 12,2024 Page 21 of 21 Little Roberts: I pretty much echo the comments that I have heard already. Chris, thank you very much for your presentation. Appreciate all the work that has gone into it. was honestly surprised with your positive comments about space for parking, because that's not the feedback that I have received from a lot of our neighbors, especially for downtown. So, I would definitely want to put parking number one, because I think that needs some really healthy discussion to make sure we are all on the same page to make it most efficient for our residents and people that are coming to downtown as we have got growing businesses, so -- and I would probably want to prioritize Old Town, because we have had a lot of things going there regarding our discussions, but that's just my take on -- on the order of things at this point. So, thank you. Simison: Okay. So, my request by next Friday try to give something to Caleb and, then, with that information we can have a separate conversation. Cavener: I will get something put together and sent over to staff. Thanks, Mayor. Danley: Thank you so much. Simison: Thank you. Cavener: Chris, nice to you, man. Thank you. Simison: Council, we have reached the end of our meeting. Do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn our workshop. 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 5.40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-3-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-3-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 12, 2024 City Council Regular Meeting Meridian City Council November 12,2024 Page 74 of 74 Simison: Second agrees? Overton: Second agrees. Simison: Okay. Any further comments? If not, Clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, absent; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to and approved. Thank you very much for sticking with us this evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Thank you. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Before we jump to future meeting topics, just ask Council to look at their calendars for either the evening of December 5th or December 19th as possible options for a Council Member and guest holiday dinner. Whitlock: Mayor, I will be out of town on the 5th. Cavener: Mr. Mayor, I would ask Council to look at December 19th as a possible solution. If that does not work, please, reach out to me and we will look for an alternative date. Thanks, Mr. Mayor. With that I move we adjourn tonight's meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-3-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-3-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 19, 2024 City Council Work Session Meridian City Council Work Session November 19,2024 Page 29 of 29 EXECUTIVE SESSION: (5:48 p.m. to 6:10 p.m.) Simison: Council, we will call this meeting to order for the record, it is November 19, 2024, at 6:10 p.m. We will begin this regular City Council meeting with roll call attendance. Oh, I'm sorry. I apologize. Yes. Do we have a motion? Strader: Mr. Mayor, I move that we come out of Executive Session. Overton: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor. signify by saying aye. Opposed nay? The ayes have it. We are out of Executive Session. MOTION CARRIED: ALL AYES. Simison: Do I have a motion to adjourn? Strader: 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. MEETING ADJOURNED AT 6:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-3-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-3-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 19, 2024 City Council Regular Meeting Meridian City Council November 19,2024 Page 76 of 76 MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-3-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 12-3-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Sanitary Sewer Easement No. 1 (ESMT-2024- 0139) Project Name or Subdivision Name-, ADA COUNTY RECORDER Trent Tripple 2024-068946 "McDermott Village" Sewer Easement BOISEIDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:53 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Set er&Water Main Easement Number foontify I h,;5 Eamwnvifit bV w1iiemW nunfbei if Pit pro)80 owairif,MoP6 Ift'I'l Une easement of ivils Type See� for ifldo.pn3j5 For Internal Use Only ESMT-2024-0139 Record Number SANITARY SENVER EASEMENT THIS Easerricni Aoreernent made this 3rd N day of December 20 9A between Pacific McDermott Village Apartments LL�_("Grantor")and the City oti'Meridian,an Idaho Municipal (.7orporation ("(3rantce"),- WHEREAS, dic (irantor desires to provitle as sanitary sewer right-of-way across the prennses and property hereinafter particularly bounded and described,- and M,IFREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others-,and WHEREAS, it will be necessary to maintain and service said pipelines frorn time to tirne by the Grantee-, NOW, THEREFORE. in consideration of the benctits to be received by the Cirantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of- way for an casement fbt the operation and maintenance of sanitaR, sewer over and across the following described property: (,SEE ArrACI-IED EXHIBITS A and B) The casement hereby granted is for the putpose of'constrUvrion and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at (lie convenience of the Grantee,with the free right ofaccess to such facilities al any and all times. TO HAVE AND TO HOLD., the said casernew area right-of-way unto the said Grantee. its successors and assigns forever, H7 IS EXPRESSLY U-NIDERSTOODAND AGREED, by and between the parties hereto, that after niaking repair.,orperfoniiing other maintenance, Grantee shall restore, the area ofthe easenlent and acljjacent property to that existent pTtor to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this casement that\Nvas placed there in violation of this,easernellL THE (JRANTOR covenants and agrees that (3rantor shall not place or allow to be placed any Permanent structures or obstroctions within the easement area that would interfere with (3raritee's- use of said easement. including, but nor limited to, buildings, trash enclOSUres. carports, sheds, fences, trees,or deep-rooted shrubs. Sanitary Sewer Easement Page 1 Version 04,11711.023 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 lawfitily seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever, THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees ofany hind. iN WITNESS WHEREOF, the said parties of the first part have liereunto subscribed their siptiatures the day and year first herein above written. GRANTOR: P.XCIFIC MCDERMOTT VILLAGE APARTMENTS,LLC, an Idaho limited liability company By: TPC PPR Holdings II_ I_LC, an Idaho limited liability company, its manager By:TPC MR Holdings II.LLC.an Idaho limited liability STATE OF IDAHO ) company. its manager ss By:Pacific West Communities. Inc..an Idaho County of Ada ) corporation,its m er By: Caleb Roope.President and CEO This record was acknowledged before me on _I0�1l� (date) by Caleb Roope. President and CEO of Pacific West Communities, Inc., an Idaho corporation. the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company, the Manager of TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific MCDenlOtl Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Notary Stamp Below ] 9i tCAT1E CALLEN No{ary ioature I COMMISSION#55899 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO rMYwy- 0-W-V-V-V-'W—COMMISSION EXPIRES 07108i2027 Sanitary Sewer Easement Page 2 Version 01/01 1'2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson,City Clerk 12-3-2024 STATE OF IQAHQ, ) : ss. County of Ada ] This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 0110I/2024 Kimley ))Horn September 24, 2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County,Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho from which the East 1116 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 1,273.52 feet along the section line of Section 32, and North 89°29'22" West, 703.81 feet to a point on the westerly right-of-way line of N. Alameda Creek Ave., said point being the POINT OF BEGINNING of this description, THENCE North 76°19'16"West, a distance of 24.79 feet; THENCE North 89°26'57" West, a distance of 41.63 feet; THENCE South 00°33'03"West, a distance of 25.60 feet; THENCE South 89°26'57" East, a distance of 19.33 feet; THENCE South 76°19'16" East, a distance of 45.05 feet to a point on the westerly right-of-way line of said N. Alameda Creek Ave.; THENCE North 13040'51" East, a distance of 2.41 feet to the beginning of a tangent curve to the left with a radius of 76.50 feet, a central angle of 13°00'14", and a chord bearing and distance of North 07°10'44" East, 17.33 feet; THENCE in a northerly direction, with said tangent curve to the left, an arc distance of 17.36 feet; THENCE North 00'40'37" East, a distance of 10.65 feet; to the POINT OF BEGINNING. Containing 1,849i square feet or 0.0421 acres of land. EXHIBIT "A" fell a LINE TABLE NO I BEARING LENGTH T4N R1W,B M (CP&F 2023.041551) L1 N76-19.16'W 24 79' S1/1 32 33 L2 N69.26-57-W I 41.63' L3 S00'33.03-W 2560' L4 S89-26-57-E 19.33' L5 S76.19-16-E 45.05' L6 N13'40'51'E 2 41' r� L8 N00'40'37•E 10 65' a CURVE TABLE E NO DELTA RADIUS LENGTH CHORD BEARING CHORD I °i C1 13.00'14' 76.50' 17 36' I N07-10.44-E 17.33' N a ry ry c w � - - - - -LZ - - - - — � ` I I I I N89'2722'W 703 81' m I� POBLL w ILL' O I L4 5 - - - - _ C) — — _ L5 _ N 1 ,d N00'30'38'E 1273.52'----,--,� x 0 I I 0 r E 1116 32 32 33 N89'1T49'W 1325, 58 ti 5 (BASIS OF BEARINGS y — — T4N,RIW,BM 5 4 (CPEF 2022.013693) T4N,R1W,B M (CP&F 2022.013694) ,N$�- p� SECTION CORNER SIXTEENTH CORNER cr �o ———— BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET Q 9 QPC --------- EASEMENT LINE 0 10 20 40 u OF ———— SECTION LINE NORTH _ RIGHT-OF-WAY LINE Y PROJECT TITLE M HO.: 093969" Kimley)Horn McDERMOTT VILLAGE SUED NO 1 i� SCALE-' -2(T now&=210 EASEMENT EXHI B I T B °" "202' .omm W61MAM SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Sanitary Sewer Easement No. 2 (ESMT-2024- 0140) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-068941 "McDermott` iNage" Sewer Easement BOISE IDAHO Pgs=5 NIKOLA OLSON 12/04/2024 08:49 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sevier&!dater Main Easement Nowrrt b r, _ Rdras99ity Dim eassa=rrtml of Ihia t'yrpt $$'e irl �1'i.it3�6d r*..�a.C�ekeS...,.1 dot adds€4€;+r ai rnforllqlllon For internal Use 00YESMT-2024-0140 Record Number SANJTARV SEWER EASEMENT T THIS Easement Agxeemerat raaade this3rd day of December W� 20 24w..... between Pacific McDermott Village Apartments I­_LCt"° it�rrttrtr""f and tla Y City ofM cic�s �� air Idaho Municipal Corporation '�Gir-aaraf�aa,a�f: WHEREAS tl'ie Giraarator desires to provide a sanitaD, sewer rFi ht-rat`-wa > across the premises and property hereinafter particularly bounded and des'enbed and k REAS, the sanitary sevver-is to be provided for through rrrrder�aAcrtarad pipelines to be constructed by others,and W'f-fERE S, it will be taec ssari to maintain and service said pipelines from bane to time by tint Grantee, Nt:WJI-JE EFO , in consideration ofthe benefits to be received by the Grantor, and reuses° good an vraalaraatale consideration,the Grantor does hereby 6v'e, �pnl and convey unto the Grantee the right-of- way Gdr°an easement for-the operation and maintenance ofsarr tare sewer over and across the killowin described property, (Sluff:ATTACHED EX1,11BITS A and f ) The easement her ry�raaafted is f"Or-tiie ptrrlOs of"crarastrrrctiott aaratf opertatiaara orss,traita'ra�°sewer-attd' allied facilities, together with their maintenance, repair and replacement at the. convenience Of"the (irantee, with the free tight ofaccess to such facilities at any and all titaaesa TO HAVE O HOLD, the said ea-asernent and ri 111-01"-Way Unto tlae said Grantee, its successors and assi aas forever. IT IS`EXPRESSLY UNI)ERSTOOD AND AGREED.. by and betwevrithe parties hereto, that alter making repairs or perl'oniiing Other maintenance, G:rrantee shall restore the area of the easement and adjacent property to that existent Prior to undertaking such repairs and rrrairatenatace, However, Grantee shall not be responsible for repairing, replacing or restoring aanNihira laceaf vv tlaita tl�e area described in this ea erarent that was placed there in violation of this easernern, I'HE GRANTOR covenants and agrees thaat, G:rraarrlaar shall not place or allow to be placed any per-raaaaraent strtrctrares Or obstrUCtiOnS within the easement area that would interfere: with Grantee's use of said casement, including, but not linnted to. buildings. trash enclosures, carports. sheds, 1'ences, trees,or deep-rooted shrubs, Sanitary Sewer Easement Page t Version G fr"l 7,/2022 THE GRANTOR covenants and agrees with the Grantee that should any pats 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 thereofagainst the lawful claims of all persons whomsoever, THE COVENANTS OF GRANTOR made herein shall be binding upon Grantors successors, assigns, heirs, personal representatives, purchasers,or transferees ofany 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: PACIFIC MCDERJIOTT VILLAGE APARTMENTS,LLC, an Idaho limited liability company By: TPC PPR Holdings II. LLC. an Idaho limited liability company,its manager By:TPC MR Holdings II.LLC,an Idaho limited liability STATE OF IDAHO ) company, its manager ss By:Pacific West Conununities.Inc.,an Idaho County of Ada ) corporation, its man r By: Cal gib oope.President and CEO This record was acknowledged before me on la 2'f Z _(date) by Caleb Roope. President and CEO of Pacific West Communities, Inc., an Idaho corporation, the Manager of TPC MR Holdings 11, LLC, an Idaho limited liability company, the Manager of TPC PPR Holdings 11, LLC, an Idaho limited liability company. the Manager of Pacific MCDemiott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific McDermott Village Apartments. LLC and acknowledged to me that said limited liability company executed the same. Notary Stanzp Below t/ 1 Not* S'gna re tQt KATIE CALLEN My Commission Expires: U 2� COMMISSION#65M NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 07/08/2027 Sanitary Sewer Easement Page 2 Version 01 01i2024 GRANTEE: CITY OF MERIDIAN Robert E. Siinison. Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) ss. County of Ada ] This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Cotnniission Expires: Sanitary Sewer Easement Page 3 Version 01/01/2024 Kimley >> Horn September 24, 2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho from which the East 1116 Corner common to Sections 32 and Section 5 bears North 89°17'49"West 1,325.58 feet; Thence North 00°30'38" East, a distance of 1,255.45 feet along the section line of Section 32, and North 89°29'22" West, 626.53 feet to a point on the westerly right-of-way line of Highway 16, said point being the POINT OF BEGINNING of this description, THENCE North 76°19'16" West, a distance of 31.12 feet to a point on the easterly right-of-way line of N. Alameda Creek Ave., to the beginning of a non-tangent curve to the right with a radius of 123.50 feet, a central angle of 12°54'41", and a chord bearing and distance of South 07°13'30" West, 27.77 feet; THENCE in a southerly direction, with said non-tangent curve to the right, an arc distance of 27.83 feet; THENCE South 13°40'51" West, a distance of 2.40 feet; THENCE South 76°19'16" East, a distance of 28.00 feet to a point on the westerly right-of-way line of said Highway 16; THENCE North 13°40'51" East,a distance of 30.00 feet; to the POINT OF BEGINNING. Containing 869 square feet or 0.0199 acres of land. EXHIBIT "A" I oil" 00 W Idahois LINE TABLE T4N R1W,B M (CPSF 1551) s 32 vl 3 NO I BEARING LENGTH 2 L9 1 N76-19.16-W 31 12' 33 L11 S13'40'51'W 240' L12 S76'19'16'E 28 00' L13 N13'40'S1'E 3000' 4 0 R 3-3- CURVE TABLE r. NO DELTA RADIUS LENGTH I CHORD BEARING CHORD I a e C2 12'5441" 123.50' 27 83' S07.13'30'W 27 7T a ti N N N O [J7 N N w C � L9 ! N89'29'22'W 626 53 6 P O-B N LL l� J N00'30'38W 1255 45' l 0 r i u E 1r16 32 N89'17'49W 1325, 58 32 33 (BASIS OF BEARING) v 5 4 T4N,R1W,B.M (CPBF 2022.0136931 T4N,R1W,B.M y (CPSF 2022.013694) SECTION CORNER SIXTEENTH CORNER BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET Q�y QQ --------- EASEMENT LINE 0 10 20 40 OF — - - — SECTION LINE NORTH .qo D�,�� —- - — RIGHT-OF-WAY LINE Y PROJECT TITLE ~ JW NO.: 0g3pgyppp Kimle�>Horn SCALE- I'_2- tp t sww McDERMOTT VILLAGE SUBD NO 1 i� �� .ate ova e, EASEMENT EXHIBIT 8 ���021 Ms.sn� SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 1 (ESMT-2024- 0141) Project Name or Subdivision Nam#e: ADA COUNTY RECORDER Trent Tripple 2024-068942 "McDermott Village"e"a hater Easement BOISE IDAHO Pgs=5 NIKOLA OLSON 12/04/2024 08:50 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement t aura ber Wenfify G' Entor ent by seq, w+",ial.n„urnbeat ai V1,gym;ecl mire fMnn ofie: C,Wj,zrren;&Ns kyer, See nfarnif,on. Or 9raterrmart Use OnlyESMT-2024-0141 Record t aarntrei WATER MAIN EASEMENT THIS Easement r�eernent iaaaade this_3rd day of December ;t1 24 betweengir racific McDermott rmot't p�`,,:.yyllage Apartments LLC _ ("Grantor")and the ._"its°.r� l�er�idiart,a n Idaho 'dun c ipa Cot-1 erration("Grange e"),p WHEREAS,S, the tiraarnrsr desires to provide a rvaater main right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS , the water rrrairt is to be provided for through ctraelergrraund pipelines to be ceansimcled by others,and WHEREAS, it will be necessaar • to maintain and sets ice &aid pipelines front brace to tinge by the Grantee: NOW, THEREFORE, in consideration crf the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does, hereby give, awit and convey trrrtta the Grantee the right- of-way fast- an easement for tlae operation and maintenance of water nlains over and across the following described property: The easement hereby granted is Im the purpose of ccartsrrractitan and operation of water mains and their; allied facilities, too, etlrerµ with their naairrta rtarrrc , repair-arrrcl replacement at fire ctarraferrienp erf°tire Grantee,with the free ritoht of"access to such facilities at any atrial all dines. TO HAVE AND TO HOLD, the said easement and right-ot-way unto the said r°aant e, its successors and assigns f reverr, IT IS EXPRESSLY LNDERSTOOD AND AGREED, b and bet-ween the patties hereto, that after making repairs or perfioniiing other raaaaintenaancea Grantee shall restore,the area of easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Graantee shall not be responsible im repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation oft his easement, THE GRANTOR covenants and agrees that iraantor shawl not iplace or allow to be placed any permanent structures or obstructions within the easement area that would interfere with firaatrtce"s it e Of Said easement, including, but not limited,to, buildings, trash enclosures, carports, sheds: fences,trces,or deep-rooted shrubs, T'H l;t R ANTOR covenants and agrees,Nvith the Grantee that should any wart of the fight-of- way and easement heret)y granted shall become pail or, or Ile within the boundaries ofan y, Water Main Easement went Page f Version 04/1 It`d public street, then. to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and ofno further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assig is, 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: PACIFIC MCDERMOTT VILLAGE APARTMENTS, LLC, an Idaho limited liability company By: TPC PPR Holdings II,LLC,an Idaho limited liability company.its manager By:TPC MR Holdings II. LLC,an Idaho limited liability STATE OF IDAHO ) company, its manager ss By:Pacific Nest Communities.Inc..an Idaho County ofAda ) corporation.its mans By: _ !�� Caleb Zoope.President and CEO This record was acknowledged before me on_ 2�I (date) by Caleb Roope, President and CEO of Pacific West Communities, Inc., an Idaho corporation, the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company,the Manager of TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company. the person who executed the instrument on behalf of Pacific McDermott Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Notary Stamp Below 1 1 t Notary Sign ire My Commission Expires: KATIE CALLEN COMMISSION#65899 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 07/081°2027 Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison. Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) : ss. County of Ada ] This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 0 1 l0112024 A parcel of land being located in the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the Southeast Comer of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho from which the East 1/16 Corner common to Sections 32 and Section 5 bears North 89'17'49" West 1,325.58 feet; Thence North 00'30'38" East, a distance of 1,046.51 feet along the section line of Section 32, and North 89°29'22" West, 704.18 feet to a point on the easterly right-of-way line of N. Alameda Creek Ave., said point being the POINT OF BEGINNING of this description, THENCE South 76'19'33" East, a distance of 5.97 feet; THENCE North 13'40'27" East, a distance of 20.00 feet; THENCE North 76019'33"West, a distance of 5.97 feet to a point on the easterly right-of-way line of N. Alameda Creek Ave.; THENCE South 13'40'51"West, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 119 square feet or 0.003 acres of land. LINE TABLE T4N.RIW.BM NO BEARING LENGTH (CP&F 2023-D41551) S lilt 32 L14 S76-19.33-E 597- 33 L 15 N 13'40'27'E 20.00' L 16 N76.19'33W 5.97' L 17 rSI3'40'51,w 20 00' s e Q T f E 0 N C a L 16' / N w N J 1 w / / N89'29'22'W 7D418' mPOB 1 � I Hl W /1 ' 0 i N N00.30'38'E 1046.5l'---�, x Se C 0 e LL E 1/16 32 N89'17.49'W 1325 58 32 33 a 5 (BASIS OF BEARING) T4N,R1W,8 M. 5 4 (CP&F 2022-013693) T4N,R1 W,8 M 5 (CP&F 2022-013694) NSc`�p SECTION CORNER SIXTEENTH CORNER 9 —— —— BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET --------- EASEMENT LINE 0 10 20 40 OF —— - SECTION LINE NORTH RIGHT-OF-WAY LINE PROJECT TITLE JOB NM; M96 Ki 00 a b" Horn McDERMOTT VILLAGE SUBD NO 1 rr n DAL s EASEMENT EXHIBIT 8 Dr. � 02i waati.�ra.�+s� SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 2 (ESMT-2024- 0142) ProjeQt Name or Subdrvisr n Name1 ADA COUNTY RECORDER Trent Tripple 2024-068943 "McDermott Village" Water r` a meat BOISE IDAHO PgS=5 NIKOLA OLSON 12/04/2024 08:50 AM CITY OF MERIDIAN, IDAHO NO FEE Water,Marra Easement Number: t?de?tWy ihm Ease".,flt ny w,Qunnfika raao-rxtv.,?xee if ftr,, ..atr ed coniwts�eedo3�area,onc c.usvm,ni of this tyue Spc snsi3 raar ttalr7=9+csttrr efffCrrtt7;agldrrr, For Internal Use OnlyESMT-2024-0142 Record Number: WATER MAIN EASEMENT 'FHIS Easement Ajacernew made dais 3rd.... daay raff December 20 24mry. etAvee Pacific McDermott Village Apartments €LCrt ra $�'e k ("Grantor")and the it -,,of M r dian.an Idaho Municipal Corporation�d k �&�i.A 4�d 6.�M1+p d Aa;. WHEREAS, the Grantor der;ir" to provide a water main right-of=rray aereaaa the prermses aired far°rafaert laercinafter particularly bounded and described, and WHEREAS . the water main is to be provided for through Underrr rerrrtrd pipelines to be constructed by others,-1 and r lT l l�j, , it will be necessary to maintain and service said pipelines fame tirne to three by the iratrtee NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the :nanttrr does hereby give, grant:'grad convey t.tratcr the Grantee the ri h1- of-way for ail easeraaetat for the operation and maintenance of Nv tera mains over and aercr s the following described laropelrt fi The easement hereby granted is for She purpose of construction and operation ofwater mains and their allied facilities, together with their-maintenance,r p air a ad repl,aaccraaerat at the, convenience of°the Grantee, with the tree right;of'access to such facilities at any and all tiiares. TO HAVE AND TO HOLD, the said easement arid tight-of-way unto file said Grantee, its successors and assigns forever, IT IS fi r UNDERSTOOD TO AND AGREED, by and behveen the parties inlet , that aafierr making repairs or perforritring other mainterrartce, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and rataainterrar cc, However, Grantee shall not be responsible for repairing, replacing Or restofing anything placed within the area described in time;easement that %,,as placed there in violation oftlais easctaaent. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any Permanent structures cal.. obstrr.rctions within the easement area that WOUld interfere with fir#anteer:a use of aid easement, iiicludin , but not limited to,buildings, trash enclosures, carports, sheds. fences,trees, or deep-rooter ifinibs. THE ti RANTl O coverratats arid agrecs with they Grrarrrtee Herat should any part ofthe right-cafe way and easement hereby granted shall become part of,or lie within the boundaries trfan R Water Main Easement" flare f' Version 04/1 T 2tt2 public street, then, to such extent. such right-of-way and easement hereby granted which lies Within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding Upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of ally 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: PACIFIC MCDERMOTT N ILLAGE APARTMENTS,LLC, an Idaho limited liability company By: TPC PPR Holdings II.LLC, an Idaho limited liability company,its manager By:TPC AIR Holdings II.LLC.an Idaho limited liability STATE OF IDAHO ) company, its manager ss By:Pacific West Communities.Inc.,an Idaho Courtly of Ada ) corporation.its ina `er By: Caleb Roope,President and CEO Tills record was acknowledged before me oil _ (7 1A Z (date) by Caleb Roope, President and CEO of Pacific West Contnuutities, Inc., an Idaho corporation, the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company, the Manager of TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific McDennott Village Apartments, LLC and acknowledged to me that said limited liability company executed the saute. Notary Stamp Below Notary Si art re FKATIE CALLEN My Commission Expires:_'Tl Ei, Z1 COMMISSION#65899 NOTARY PUBLIC STATE OF IDAHO ltiAY COMMISSION EXPIRES 0710812027 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHQ, ) : ss. County of Ada }. This record was acknowledged before me on 12-3-2024 g {date} by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 Kimley >) Horn September 24. 2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County,Idaho from which the East 1/16 Corner common to Sections 32 and Section 5 bears North 89°17'49"West 1,325.68 feet; Thence North 00`30'38" East, a distance of 869.52 feet along the section line of Section 32, and North 89°29'22" West, 793.29 feet to a point on the westerly right-of-way line of N. Alameda Creek Ave., said point being the POINT OF BEGINNING of this description, THENCE North 76°19'33" West,a distance of 31.00 feet; THENCE North 13°40'27" East, a distance of 20.00 feet; THENCE South 76°19'33" East, a distance of 31.01 feet to a point on the westerly right-of-way line of N. Alameda Creek Ave.; THENCE South 13°40'51" West, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 620 square feet or 0.014 acres of land. EXHIBIT "All l i F1100 VV Idaho210 Boise. 1 1: T4N,R1W B M (CPdF 2023-041551) S 111132 33 -PO r i N89*292 793.29 i a ti POB / 0 r s / o / � r / W to 4 w LINE TABLE p NO BEARING LENGTH co, 5 L18 N76-1933-W 3100' LL L19 N13'40'27'E 20.00' LL O L20 S76'1933'E 31 01' 5 L21 S13.40'51'W 20.00' N00'30'38'E 869 52'� t o I 0 a E 1116 3 32 "3233 ,11� _ N89.17'49-W 1325. 58 5 (BASIS OF BEARING) ��— T4N.R1W,B.M. 5 4 ' (CPdF 2022-013693) T4N,R1W,B M 5 (CP&F 2022.013694) E NSc-� �� SECTION CORNER c ® SIXTEENTH CORNER r' '`NA — -- — BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET --------- EASEMENT LINE 0 10 20 40 oF SECTION LINE NORTH RIGHT-OF-WAY LINE _ Y PROJECT -TITLE J08 NO.: 0939t9000 Kimle >Horn SCAUMcDERMOTT VILLAGE SUED NO 1 DAM 2a "°° an vamm t EASEMENT EXHI B I T B �� ' °�' RM 04"W6i SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 3 (ESMT-2024- 0143) Project Naiirai or Sub(fivisjon Name! "McDe,rmott Mage" Water EasernenI ... ..................................................................................................................................................... Water Main Easement Number. 3' 1111"My ihau E-,"nemonf hi mmtwr ff the prrojxrc1 4;cmInms n'su(e P""v,rw'.; C,10$,o"'&TY''1H 01'r 1,pe Sov rw mkl,l.onw 1AjrMz11Wo1 For Iniertial Use DAy ESMT-2024-0143 ADA COUNTY RECORDER Trent Tripple 2024-069417 Record NUMber: BOISEIDAHO Pgs=5 VICTORIA BAILEY 12/06/2024 09:12 AM CITY OF MERIDIAN, IDAHO NO FEE WATER ',Mik1N EASEMENT THIS 11'1'asenrenl Agreement jjjajcjc I111's3rd"", day of December 2() 24 between ........... ........................... Pacific McDernroll Virage Aparlments LLC Grantor" - -( i (111d the City('f"Wrkfian,air Idaho Municipal Corporation ("Grunlee")� WHFREAS, Ihe Grafflor desires to provlde a water nuiin right-017-\vay across tile prorm'ses and properly her6iiafler Iiarticularly bouncled and described-1 all(,] WHI"REAS . the mauler main is to be prov,itled liar 11fl"OLIgh undergrouncl pipelines Io be constructed by other sl- an(l WHERFAS, it wiH be necess�,,Iry to maintain and service said pipefines fi-oni time to fime by the Cirarrtee, NOW, TJ IFTFFORF", in consideration of dic benei'm to be received by Ole (3rantor, and o1hu good and V,flUable consideration, aie 413rantor(Joes hereby give, gp-ant and convey Inflo the Grantee the right.. 01'-xvay 1'(,,)T all enscillent I'm the operation and maintenance ofwaler maiiis over and across the Iblk)wing descTibed property; 'S I'T, The easement fiereby granted is f6i, the 17ili-pose ofconstruction and operallon ofw,ater rnains and their allied facflkics, iogoher. will their maintenance, repair and repkicemental the convertience ofthe Ciranlee"%vilh the free right ofaccess to such facififies at any au d all finles "TO IIA,VF ANT) TO HOLD, 11-re said easenrew au(i 6ghl-of-way unto the said (-inantee, its SUCcessors and asslgrlsfbrever, IT IS EXPRESSLY LINDFRSTOOD AN],-,) AGREEF), by and between the parfics hereto, thtl afler niaking repairs or perkln'll I jig other mainlerlance, ("ji-anlee shall restore fficarea of the easerneill and ad.JaccM properly to that existelit J)fi0l� 10 U11LICTtakilIg SUCh repalrs and nialtitenance, 11-lowever, Grantee slhifl not be responsible for repairing. repdacing or restoi-irig anytiiing pLced wifin the area described In flik easenient them was placed, there in violation ofthiseasennent., THI", (3RANTOR cox,enants aind agrees that Grantor shall not Iflace or allow to, I)e placed any permanent structures or obstructions within the ease�nwnl area that would interf&e ("Orantee'S USC Of Slid eaSC1110vl, Including, bill not, hnilited to, buildings, 11-each 000SUI-CS, C,111110rk, sheds, fences, trees, or deep -rooled shrubs, THE('3RAN"I"OR covenajitsand agrees wifli 1he Grantee that should aruy pai:1 ofthe right--of'-way and lz� eascunent herehY gp,anted shall become part of, or he withill 01C boun(L,111es ofally Water mzlullj F"as'e a rtell t Page I Versimi 04,;17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian. in their capacities as Mayor and City Clerk. respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 Kimley >> Horn September 24, 2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West,Boise Meridian, Ada County,Idaho,being more particularly described as follows; Commencing at the Southeast Comer of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho from which the East 1116 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 475.37 feet along the section line of Section 32, and North 89°29'22" West, 1,105.17 feet to a point on the northerly right-of-way line of W. Endeavor St.,said point being the POINT OF BEGINNING of this description, THENCE North 00°33'19" East, a distance of 32.58 feet; THENCE North 89°26'41" West, a distance of 20.00 feet; THENCE South 00°33'19" West, a distance of 32.52 feet to the northerly right-of-way line of W. Endeavor St.; THENCE South 89*17'13" East, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 651 square feet or 0.015 acres of land. EXHIBIT "A" 00 IN Idaho Street. Suite 210 Boise ID 83702 L T4N R1W.B.M LINE TABLE (CPdF 2023-041551) SIM 32 NO. BEARING LENGTH 33 L22 N00.33'19'E 3256 r — -23 I FL2423 N89'2641'W 20 00' S00'33'19'W 32.57 I I L25 S89'17'13'E 2000' i� �i s I Q I I I N89'29122W 1105 17' E P.O B Q N f N CL 3 w i N d m 0 N00'30'38'E 475.37'---� x Y i b I 0 f- E 1116 32 0 _ N89.1749'W 1325. 58 32 33 5 (BASIS OF BEARING) Liu T4N,R1W.B M 5 4 (CPdF 2022-013693) T4N.R1W,B M S (CPdF 2022.013694) N �t✓EN$FQj SECTION CORNER w, C SIXTEENTH CORNER 9r, ---- BOUNDARY LINE TIE GRAPHIC SCALE IN FEET --------- EASEMENT LINE 0 10 20 40 Of SECTION LINE NORTH �qp OP�� —--— RIGHT-OF-WAY LINE Y �/�" PROJECT TITLE JOB NO.: 093989000 IV 00 a am IIIIIIIIIIN Horn McDERMOTT VILLAGE SUED NO. 1 �� It SCAM �� 3=210 EASEMENT EXHI81 T 8 °" ?' sat m" &Tm I sir: SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 4 (ESMT-2024- 0144) Project Narrae or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-068944 WcDerialratt Village"Water Easement BOISE IDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:52 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number' 4 rh.ty Ps a Fate maw L.p,SP"gwe s,i no mop"it h;"Mill �`�+rft:�frs,r�rew�,,r�9Pr�:srw v�5t�.. eat'eff+rwt of 01's CVpe sea. t;,L ua„t rt 'dye.nH a"ar arrdt4Es.n a7 inFearr a iwi For traterra t Use Only ESMT-2024-0144 Record t^>ttamber; WATER MAIN EASEMENT THIS Easement Agreement rrtadta this � day to �.A .� �;0 between Pacific McDermott Village Apartments Lt. ("Grantor")and the City a l'Me idiart,an Idaho Municipal fiogioraation("Giraratee"a)ro `HERrA ,.the, Grantor desires to brat de as water main right-of-way acros+ the larell'ai c dead property hereinafter particularly bounded and described, and' WHEREAS , tfie water main is to be provided fear dare Ugh underground pipelines to be constructed by others,and WHEREAS, it will be necessary to maintain and smice said pipelines from fames to time the W, THEREFORE, in consideration of the benefits to be received by tile Grantor, and other good and valuable consideration, the Grantor,does hereby give, grant and convey crates the Grantee the right- of-way for an easement for the operation and maintenance of water retains over—and across the folloNvina described d property: The easement hereby granted is lot, tlac purpose of¶constraaction and open Lion of water mains and their dallied facilities,together with their maintenance,repair and replacement at the convenience of'the Grantee. avith the tree right of"access to sttcla facilities at any and all tinier. TO HAVE AND TO HOLD the said caas rraaartt and right-of�way unto the sand Grantee, its successors and assures forever. T IS 1 RESSI-Y UNDERSTOOD AND i EER by and between ffie partl s hereto, that after makang repatiraa or perf'oniiing other maintenance,Grantee shall restore the aarw as of the easement and a(tiacent property to that existent prior to t rtdcrtatltirtgt such repairs and maintenance- However, Grantee shall not be responsible Rar repairing replacing or restoringanything placed ivithira the area described in this easement that was placed there in violation ofpthis easement, f`i•HE GRANTOR TOR covenants and agrees that Grantor shall not place or allow to be placed any p ria aanent structures or obstructions within the easement area tf°aat would interfere witTa Grantee's use cat'said easement, incltadirw, but not limited to, buildings, trash enclosures, caatports. sheds fences,trees, or deep-rooted shrubs, THE GRANTOR covenants and agrees with the lir antee that should any part,of the right-of-way and easement hereby g anted shall become part of: or lie Nvithirr the boundaries of"any Water Main Easement eat Page l; Version tt l 2tf? public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs. personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have llereLllllo subscribed their signatures the day and year first herein above written. GRANTOR: PACIFIC MCDERMOTT VILLAGE AP3RTMENTS, LLC, an Idaho limited liability company By: TPC PPR Holdings II.LLC.an Idaho limited liability company.its manager By: TPC NIR Holdings II. LLC.an Idaho limited liability STATE OF IDAHO ) company, its manager ss By:Pacific Vest Conu unities.Inc..an Idaho County of Ada ) corporation. its Ina r By: Caleb oope.President and CEO This record was acknowledged before me on_t0 II1 (date) by Caleb Roope, President and CEO of Pacific West Conitnunities, Inc.. an Idaho corporation, the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company, the Manager of TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific McDemlott Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Notary Stamp Below Noiary 6ign ture KATIE CALLEN My Commission Expires: `l Sr L1 COMMISSION#65899 NOTARY PUBLIC STATE OF IDAHO FLAY COMMISSION EXPIRES 07/08/2027 Water Main Easement Page 2 Version 01;01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson. City Clerk 12-3-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County,Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho from which the East 1/16 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 428.37 feet along the section line of Section 32, and North 89°2922" West, 1,105.21 feet to a point on the southerly right-of-way line of W. Endeavor St., said point being the POINT OF BEGINNING of this description, THENCE South 00°33'19"West, a distance of 22.43 feet; THENCE North 89°26'41" West, a distance of 20.00 feet; THENCE North 00°33'19" East, a distance of 22.49 feet to a point on the southerly right-of-way line of W. Endeavor St.; THENCE South 89°17'13" East, a distance of 20.00 feet to the POINT OF BEGINNING. Containing 449 square feet or 0.010 acres of land. EXHIBIT "A" T4N R1W B M LINE TABLE (CPdF 2023.041551) S 1!1 32 NO BEARING LENGTH 33 L26 S00'33'19'W 22 43' L27 N89°26-A i-W 20.00' L28 N00'33-19-E 22.49' L29 S89'1T13'E 2000' �6 n co m 4 N N G r� N89'29'22W 1105.21' I L29 W I POB J l co I,a � I m' I I L - - - - - w L27 LL1 LL 0 t N00`30'38'E 42837'� x p I f D H I 4 E 1116 32 32 33 N89`17'49'W 1325.58 ��_ 5 (BASIS OF BEARING) 5Lm 4 T4N,R1W.B.M. (CPdF 2022-013693) 74N,R1W,B M 5 II AA,,II^^ (CPdF 2022-013694) 4 JGEN '�` ., SECTION CORNER 719 r ,A`��`(Oc —®— SIXTEENTH CORNER `" — BOUNDARY LINE �`� ------w TIE LINE GRAPHIC SCALE IN FEET EASEMENT LINE 0 10 20 40 ul OF y —— — --- SECTION LINE NORTH D ���� ——-- -- RIGHT-OF-WAY LINE is PROJECT TITLE " NO.; 09396ww Kimle AM svw McDERMOTT VILLAGE SUED NO 1 rr rr S`"" ` 20 "°° ` "�` EXHIBIT 8 �� �2��?� e�I" m EASEMENT %m. w�.1r SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 5 (ESMT-2024- 0145) Patnt Name or SubdOdon Narne ADA COUNTY RECORDER Trent Tripple 2024068945 WcDerniott Viflage" Water Easement BOISEIDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:53 AM ............................................. CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Numbev 5 dt,jnMy[h,b rt.,1%emonl ti=,5ecqac1nN,0 W 111 "'�; t(vnmn%rnrxi,qvia u"H e,isprmnl of ftn tpc, So(, lov a&MwrW it fnrrn8amv For Internat Use Orfly ESM-2024-0145 Record Number: WNTER MAIN EASENIFAT 'rylS Easenion Agreement rnade this,3rd_ ' p j.............. m.b...e.r ..................... 024 bemeen PcM ents LC . ece a Vfl� eAmlm Corponition("Grannae"),WHEREAS. Me AnUrr desims w pmvWe an "awr mad, iight-oksway across the prenirsesand properly hervinaha padcularly bounded and described-, a nd WFIEREAS , the %Alaler Inain is 1c) be provided Or thmugh underground pipelines to be conmeted by Am and W11FRFAS, it Avill bc necessary to nwWain and service said pipelines fton-j, lime to inne [)y the Grantee; INOW, THIRREF ORE A coamiduatkut algae beriefits to JI)e rreC("ived by flic Ciranlor, and other gc�od and vaklable considawhm, trice.. Wow Ins hwvQ givo jpwo and convey unic) Ific (irantee the right- ollmmy Bear mi emement Or the opewtion and ntaintenance of water ntafiis, over and ',Icross the 1,61loAvirig dewibcd jlroperty: (SEF.' /%VI'A(-,'11FD FAHI-111"I'S A and B) IN easernem hereby granted it; It the-Tuipose of awnwdon and (-)peration o[\vater niains awned their allied Wilities. topher vvidi thed rnahuenance, repairand replacanetH at Me cmwenicme ofthe Chmmee9 with the free right ofaccess to SUCh I'acififies' atany ,,,ind all fit'nes. TO HAW, AND TU 1110111), the said easement and tight-of4vay trwo the said Grantee, its sumesuws and Wgns hwever. IT IS EXPRESSI-Y A(REED, day and bemeen, ffie parties hereto, that afflv- nmkhg rqmhN or palvnAg other makwnwwe, Grantee Shall restore the area of the easement and adjacell-11 prc)pedy to dut exiswnt prior to undert��,Aing such repairs and [h)",ever, ("inantee shall not be responsible for repAng, replacing or restt,')ring anything pkiced aOthin the area dowled in dis easement that N;a s placed there in OR% oftliscasement, THE GRAN TO covenmus and agrees that Wantor shall not place or Au", W be placed any pennancnt Mruchves or obsttvcOons ivithiii thm mmasmV arva that \would blerbre ivill Grantee's use of said casewn, NeWd4g, but mart Iiinded Im twildings, trokli erns kstuvc cuputs sbeds, t'ences, oves, or deep-rooted shrubs, GRANTOR covenants and agrees Nvith the (iramice W dwuW any paii often 6WHAl \vay and emarem hemby gymed shA become part of or lie within the boundarics of any VVmer NIAn Asernent Page I Version 044/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk - - 024 STATE OF IDAHO, ) ss. County of Ada } 12-3-2024 This record was acknowledged before me on (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk. respectively. Notary Stanip Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01�0112024 Kimley >>)Horn September 24, 2024 Easement Description A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West,Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 32, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho from which the East 1116 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 418.90 feet along the section line of Section 32,and North 89'2922" West, 1,268.60 feet to a point on the southerly right-of-way line of W. Endeavor St., said point being the POINT OF BEGINNING of this description, Said point also be the beginning of a non4angent curve to the right with a radius of 20.00 feet, a central angle of 60°10'36", and a chord bearing and distance of North 60°37'29" East, 20.05 feet; THENCE in a easterly direction, with said non-tangent curve to the right, an arc distance of 21.01 feet; THENCE South 89°17'13" East,a distance of 0.90 feet; THENCE South 44°26'57"East, a distance of 3.27 feet; THENCE South 45°33'03" West, a distance of 20.00 feet; THENCE North 44°26'57" West, a distance of 9.12 feet; to the POINT OF BEGINNING Containing 165 square feet or 0.004 acres of land. EXHIBIT "A" 00 T4N,R1W,B M (CPBF 2023.041551) S 111f 32 Pop 33 y a O / V m E m 4 LINE TABLE L3 _ n G7 r4 NO. BEARING LENGTH / N / N89'29'22W 1268 60' c L30 S89.17'13"E 090, / ^ 3 L31 S44'26'57'E 3.27' P O B �P, / a L32 S45'33'03'W 20.00' w L33 I N44.26'S7'W 912' n d � m U1 LL! 4 ° CURVE TABLE i NO I DELTA RADIUS I LENGTH CHORD BEARING CHORD LF C3 60°10'36' 20.00 2101' N80'37'29'E T2005' N00'30'38'E 41890'—�� x x 0 I 0 LL E W6 32 "3233 N89'1 749'W 1325.58 a 5 (BASIS OF BEARING) 4 T4N, RIW,B.M 5 4 )CPBF 2022-013693) T4N.R1W,B M (CPBF 2022.013694) IN �P� SECTION CORNER o —®- SIXTEENTH CORNER BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET `s Q q OQ --------- EASEMENT LINE 0 10 20 40 ,per CIr —-- — SECTION LINE NORTH o �rQp ���,�- --- — RIGHT-OF-WAY LINE m Y PROJECT- , TITLE JOB NQ: 0939890DO Kimle�>Horn SCALE- 1-_20' 11w t Sim McDERMOTT VILLAGE SUED NO 1 EXHIBIT f IB�� °ATE W407` ILM ono EASEMENT }i SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: McDermott Village Apartments Water Main Easement No. 6 (ESMT-2024- 0146) Project Name or Subdivision Name. ADA COUNTY RECORDER Trent Tripple 2024-068947 "McDermottVillage" Water Easement" BOISE IDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:54 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Numbec idvintdy M,S Fries ynt by sequentra}numb ei at Rie p opad rmnuy ins apse,fkan 0" easeww l e'J this#y,p.e Sf�e lo,ayddIn"7al ii7twnlr,ail For Internat Use Only ESMT-2024-0146 Record Number, NVATER MAIN EASEMENT THIS Easement Agreement mad (his3rd dad: w��_._..December 20 24 betweent a tic McDermott Vitia e Apartments� Lt.. _ te' iaratrar")and the City of`Ntid➢art, an fda6tcr N.-partacipaaap Corporation poration("Grantee"),, WHEREAS. the Cirentor desires to provide, as water man rifthi-of-way across the premises and property hereinafter particularly bounded and describe& and r"IvfERE . the water nraitt is to be provided for through underground pipelines to be constructed tw•others;aarari WI-II REAS it will be necessary to maintain and service said pipelines from fiatae to time by til .Irtartteex 'NOW, "f°I➢EfllwFORE, in consideration of the benefits to he received by the Grantor, ,grad other good and valuable consideration, data Grantor dries hereby give, g,,aant and convey unto t➢�r Grantee the rid➢at of-wwaay #w:ar an easement for the operation and maintenance of water mains over and across the 1611r<twwirag described property- (SEE ATTACHED EXHIBITS and f ) The casement hereby granted is fir the purpose ose ofconstrUction and operation (if water ttaaiaas and theirs allied faacilities, together with their mairttertatrtcc. repair and replacement at the convettierrce of the Grantee, with the free ripe➢at:of access to such facilities art any as€aryl all tttatcs,: TO HAVE AND TO 1101, the said easement attar➢ right-of-way acttto (lie said Grantee, its successors and assigns forever: IT IS EXTIRESSLY UFi d E T(,)0 AND AGREED, by and between Lhe parties hereto, that after making repairs or perfonning racer rnaitttenaarace5 Grantee shall restore the area cat`the catsent rat and ac�acc rat property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not he responsible for repairing, replacing or restoring anything placed within the area described in this caasenierat that was placed there in violation ofthis easement, THE RAN'roR cctwaaraartts and apmees ghat Grgaartt�ar shall rant place or allow to e placed any permanent structures or obstructions within the eaascr eni area that would interfere with rraanted°s rise cifsaaid easement including, but nor iiaaaited to, buildings. trash enclosures, carports, sheds, fences, trees,or deep-rooted shrubs, THE GRANTOR covenants and`agrees-with the Grantee that s➢artist➢d any part ofthe right-of-way and easement hereby ganied shall b comae part of, or lie within the 1~rcundaariet of"any Water Main Easement Page t Version 04 l 02 public street, then. to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. iN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: PACIFIC MCDERMOTT VILLAGE APARTMENTS,LLC, an Idaho limited liability company By: TPC PPR Holdings II.LLC,an Idaho limited liability company,its manager By:TPC MR Holdings II.LLC,an Idaho limited liability STATE OF IDAHO ) company. its manager ss By: Pacific Rest Corim nines.Inc.,an Idaho County of Ada ) corporation,its man r By: Caleb oope.President and CEO This record was acknowledged before me on (date) by Caleb Roope, President and CEO of Pacific West Communities, Inc., an Idaho corporation, the Manager of TPC MR Holdings II, LLC, an Idaho limited liability company, the Manager ol'TPC PPR Holdings II, LLC, an Idaho limited liability company, the Manager of Pacific McDermott Village Apartments, LLC, an Idaho limited liability company, the person who executed the instrument on behalf of Pacific McDermott Village Apartments, LLC and acknowledged to me that said limited liability company executed the same. Notary Stamp Below Notary Si ture My Commission Expires: 2 =NOTARY EN 655899 LICAHOE-S 071081Z027 Water Main Easement Page 2 Version 01i0112024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE 4F IDAHO, ) : ss. County of Ada } This record was acknowledged before me oil 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Slarnp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 0110U2024 A parcel of land being located in the Southeast Quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Comer of Section 32, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho from which the East 1/16 Corner common to Sections 32 and Section 5 bears North 89°17'49" West 1,325.58 feet; Thence North 00°30'38" East, a distance of 241.67 feet along the section line of Section 32, and North 89029'22" West, 1,271.40 feet to a point on the eastherly right-of-way line of N. Glassford Ave., said point being the POINT OF BEGINNING of this description, THENCE South 89°47'09" East, a distance of 18.59 feet; THENCE North 00*12'51" East, a distance of 20.00 feet; THENCE North 89047'09" West, a distance of 18.47 feet to a point on the easterly right-of-way line of N. Glassford Ave.; THENCE South 00°33'07"West,a distance of 20.00 feet to the POINT OF BEGINNING Containing 371 square feet or 0.009 acres of land. UN R1W,B M (CP&F 2023-041551) S 1/1 32 33 I � L36 n .r� I J J R N89 29'22'W 1271 40' D POB f a N G N v a LINE TABLE NO BEARING LENGTH En L34 S89'47'09'E 18 59' a L35 N00.12'51'E 20-00' n L36 N89'47'09"W 18.47- d m L37 S00.33.07-W 20 00' en eu LL � 14 O > F-1 D T N00'30'38'E 241 s Y_ } Le I o 0 r E 1116 32 32 N89'17'49"W 1325. 58 "3233 5 (BASIS OF BEARING) � 5 4 74N. R1W,BM (CP&F 2022.013693) T4N.RIK B h1 S (CP&F 2022-013694) We �x6NS�Q i SECTION CORNER SIXTEENTH CORNER CL �!` '�N�P M —-- — BOUNDARY LINE TIE LINE GRAPHIC SCALE IN FEET g Q�y --------- EASEMENT LINE 0 10 20 40 ci OF �� —-- — SECTION LINE NORTH 'qD DALE- —- -— RIGHT-OF-WAY LINE PROJECT; TITL.F JOB NO.: Uggggyppp Kimle )Horn SCALIE: V=20- Wm 111111111W McDERMOTT VILLAGE SUED NO EXHIBIT 11B ll °A� °?` am�� EASEMENT 9HM. �wkw4mA �° SHEET 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 5 Water Main Easement No. 1 (ESMT-2024- 0161) ADA COUNTY RECORDER Trent Tripple 2024-068936 Project Name or Subdivision Name: BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 12/04/2024 08:45 AM Apex Northwest Subdivision No. 5 CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0161 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 3rd day of December 20 24 between Brighton Apex LLC and SCSH Properties LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS , the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However. Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including,but not limited to,buildings,trash enclosures, carports, sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page 1 Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON APEX LLC Robert L. Phillips,Manager STATE OF IDAHO ) ) ss County of Ada ) n This record was acknowledged before me on It/13/0102j (date) by Pnbe rf �.• P�� �5 (name of individual), [complete the following � signing in a representalive capacity, or strike the_fallowing if signing in an individual capacity) on behalf of B r la kl&o 4atjv LLC— (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) Notary Stamp Below Notary Signature My Commission Expires:_k - 1 -cab 30 =NOTARY HAN 0181002 LIC HOES 06/01/2030 Water Main Easement Page 2 Version 01/01/2024 GRANTOR: SCSH PROPERTIES LLC, an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company Its: Manager By: 4- 1a, Michael . Hal,President STATE OF IDAHO } ss. County of Ada ) On this_j 3_ day of November, in the year of 2024 , before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Management LLC, the manager of SCSH Properties LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (----'Notary Public for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOT�ARY PUBLIC STAF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison. Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 01/01/2024 km- E N G I N E E R I N G November 11,2024 Apex Northwest Subdivision No.5 Project No.22-055 Legal Description City of Meridian Water Easement Exhibit A A parcel of land for a city of Meridian water easement situated in a portion of the Northeast 1/4 of the Southeast 1/4 of Section 31, Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the South 1/16 corner of said Section 31 and Section 32,which bears S89°52'08"E a distance of 1,310.34 feet from a 5/8-inch rebar marking the Southeast 1/16 corner of said Section 31,thence following the southerly line of said Northeast 1/4 of the Southeast 1/4,N89°52'08"W a distance of 1,112.08 feet; Thence leaving said southerly line, N00°07'S2"E a distance of 361.93 feet to the northerly boundary of proposed Apex Northwest Subdivision No.5 and being the POINT OF BEGINNING. Thence following said proposed northerly boundary,N47°51'19"W a distance of 20.00 feet; Thence leaving said proposed northerly boundary, N42°37'56"E a distance of 110.08 feet; Thence S47°22'04"E a distance of 20.00 feet; Thence S42°37'56"W a distance of 109.91 feet to the POINT OF BEGINNING. Said description contains a total of 2,200 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. l ST 4 � a 12459 0 OF SON L. BE�1'�'� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939- kmengllp.com I 0 100 200 300 Plan Scale: 1" = 100' Brighton Apex, LLC & SCSH Properties, LLC S1131417350 S47'22'04"E 20.00' N42'37'56"E 110.08'�/ U / / o / / —S42'37'56"W w 109.91, N47'51'19"W 20.00' POINT OF BEGINNING A Apex Northwest Z Subdivision No. 5 (Proposed) 3 IH X n � O 2 V1 a W E In n > O > r SOUTHEAST 1/16 CORNER O POINT OF COMMENCEMENT 3 SECTION 31 I Z SOUTH 1/16 CORNER L7 o FOUND 5/8" REBAR PER a SECTIONS 31 '32 M Q 1 FOUND 5/8" REBAR PER o w Vl J Q � c 0 _ _ _ _ _ N89'52'08"W 1112.08' O S89'S2'08"E 1310.34, a BASIS OF BEARING a 1CM E N G I N E E R I N G m 572 ]NORTH DISCOVERY WAY W BOISE,IDAHO8 3M 3 S PHONEI2 "8 '-6939 Exhibit B - City of Meridian Water Easement > kmengllpxom Apex Northwest Subdivision No. 5 I DATE: November2 02 111 PROJ Mr: 22-OS S SHEET: A portion of the NE 1/4 of the SE 1/4 of Section 31, 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho i 4 G �1 D li Tract 1: 0.051 Acres: 2200 Sq Feet:Closure=n34.2012w 0.00 Feet: Precision>1/999999: Perimeter=260 Feet 001=n47.5119w 20.00 003=s47.2204e 20.00 002=n42.3756e 110.08 004=s42.3756w 109.91 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0162) ADA COUNTY RECORDER Trent Tripple 2024-069430 BOISE IDAHO Pgs=10 ANGIE STEELE 12/06/2024 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Apex Northwest Subdivision No.5 Sanitary Sewer&Water Main Easement Number: I Identify this Easement by sequential number if the project contains more than one easement of this type.See instmctionstchecklist for additional information. For Internal Use Only ESMT-2024-0162 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 3rd day of December 20 24 between Brighton Development Inc.and SCS Holdings ELC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines froth time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON DEVELOPMENT INC. l By`..Jonathan D. Wardle, President STATE-OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on j 11 9 (date) by a . War [Q.Jname of individual), [complete the following ifsigning in a representative capaci/ , or strike the following ifsigning in an individual capacity] on behalf of (den eueloQm¢N4 Tnc.(name of entity n behalf of whom record was executed), in e following representative capacity: (type of authority such as officer or trustee) Notary Stamp Below SHARIVAUGHAN COMMISSION#20181002 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires:_b l!—aD30 MY COMMISSION EXPIRES 06/01/2030 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTOR: SCS HOLDINGS LLC An Idaho li ' ed liability company By: . A 11'ev Michael A. Hall, President STATE OF IDAHO } )ss. County of Ada ) This record was acknowledged before me on November, 2024, by Michael A. Hall, as President of SCS Holdings LLC, an Idaho limited liability company. DONNA WILSON COMMISSION#67674 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission Expires: — — GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Belo« Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G November 12,2024 Apex Northwest Subdivision No.5 Project No.22-055 Legal Description City of Meridian Sewer and Water Easement Exhibit A A parcel of land for a City of Meridian sewer and water easement situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 31, Township 3 North, Range 1 East, B.M.,City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31,which bears N00°17'55"E a distance of 1,343.01 feet from an aluminum cap marking the Center-South 1/16 corner of said Section 31, thence following the northerly line of said Northwest 1/4 of the Southeast 1/4 of Section 31, N89°57'56"E a distance of 25.08 feet to POINT OF BEGINNING 1. Thence following said northerly line, N89°57'56"E a distance of 26.30 feet; Thence leaving said northerly line,S40°31'33"E a distance of 27.80 feet; Thence 32.96 feet along the arc of a curve to the left,said curve having a radius of 25.00 feet,a delta angle of 75°31'54",a chord bearing of S78°17'30"E and a chord distance of 30.62 feet; Thence N63°56'33"E a distance of40.23 feet; Thence S75'01'53"E a distance of 84.38 feet; Thence S47'51'19"E a distance of 195.41 feet; Thence N42°08'41"E a distance of 11.00 feet; Thence 547'51'19"E a distance of 67.00 feet; Thence N42°08'41"E a distance of 70.00 feet; Thence N87'08'41"E a distance of 60.81 feet; Thence S47°51'19"E a distance of 256.00 feet; Thence N42°08'41"E a distance of 147.50 feet;_ Thence S47°51'19"E a distance of 37.00 feet; Thence S42°08'41"W a distance of 120.50 feet; Thence 42.41 feet along the arc of a curve to the left,said curve having a radius of 27.00 feet,a delta angle of 90°00'00",a chord bearing of S02°51'19"E and a chord distance of 38.18 feet; Thence S47°51'19"E a distance of 81.50 feet; Thence N42°08'41"E a distance of 17.00 feet; Thence S47°51'19"E a distance of 30.00 feet to the westerly boundary of proposed Apex Northwest Subdivision No.5; Thence following said proposed westerly boundary,S42°08'41"W a distance of 37.00 feet; Thence leaving said proposed westerly boundary,N47°51'19"W a distance of423.22 feet; Thence S87°08'41"W a distance of 44.24 feet; Thence S42°08'41"W a distance of 92.72 feet; Thence N47°51'19"W a distance of 277.58 feet; Thence N75°01'53"W a distance of 72.06 feet; Thence S63°56'33"W a distance of 67.61 feet; Thence N40'31'33"W a distance of 79.74 feet to POINT OF BEGINNING 1. Said description contains a total of 27,774 square feet(0.64 Acres),more or less. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com TOGETHER WITH Commencing at an aluminum cap marking the Center-South 1/16 corner of said Section 31,which bears S00°17'55"W a distance of 1,343.01 feet from a 5/8-inch rebar marking the Center 1/4 corner of said Section 31,thence following the southerly line of said Northwest 1/4 of the Southeast 1/4 of Section 31,589'53'38"E a distance of 392.14 feet; Thence leaving said southerly line, N00°06'22"E a distance of 218.95 feet to POINT OF BEGINNING 2. Thence N06°59'25"W a distance of 60.00 feet; Thence 37.57 feet along the arc of a curve to the left,said curve having a radius of 200.00 feet,a delta angle of 10°45'51",a chord bearing of N77°37'39"E and a chord distance of 37.52 feet to the southwesterly boundary of proposed Apex Northwest Subdivision No.5; Thence following said proposed southwesterly boundary,S17°45'17"E a distance of60.00 feet; Thence leaving said proposed southwesterly boundary,48.85 feet along the arc of a curve to the right,said curve having a radius of 260.00 feet,a delta angle of 10°45'51",a chord bearing ofS77°37'39"W and a chord distance of48.77 feet to POINT OF BEGINNING 2. Said description contains a total of 2,593 square feet(0.06 Acres),more or less. The total of above descriptions contain a total of 30,367 square feet(0.70 Acres), more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. IS a 12459 0 OF L. BI�yL�'' U 12.7-o2`{ PAGE 2 Turnbull Family Trust& N89*57DWT Investments, LLC& 25.08' SCS Investments, LLC '56"E 51131244500 � 5.08 (TIE) SCSH Properties, LLC 51131131675 N\ L� 0 200 400 600 �\ r C1 S75'01'53"E /F -L3 84.38 Plan Scale: 1" = 200' (( 1 S47-51'19"E CENTER 1/4 CORNER ��6 t] !0.I�gR / 195.41' SECTION 31 4 � S47'51'19"E \ L4 256.00' N42'08'41"E FOUND 5/8" REBAR \ POINT OF o o \\ �L7 ' 147.50 BEGINNING 1 `1 \ s�/ pL1-0\\/l N47'51' b .58, S42'08'41'W C2 \ L11 92.72' L12 2 \ U \ S42'08'41"W 0 37.00' a, Z ro "Al Brighton o �0 Development Inc. & a°sP�, Qo SCS Holdings, LLC OR C°N S1131427850 P t o � 3 o �a Ma ,Z,�Qo Apex Northwest o z\ `7' Subdivision No.5 M W — :2 (Proposed) M M z o 0 C3- W (n M J N06'59'25"W p II z a 60.00' I— z POINT OF -' 3 w W p o BEGINNING 2 4 ZILC < F— cV �N O o t� � O N S89'53'38"E 392.14' (TIE)&3" N z N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement � kmengllp.com Apex Northwest Subdivision No. 5 ,Ii, hITI: November 2024 a PROJECT: 22-055 SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31, 0 1 OF 2 T3N., R1E., B.M., City of Meridian, Ada County, Idaho LINE TABLE LINE BEARING DISTANCE L1 N89'57'56"E 26.30' L2 S40'31'33"E 27.80' L3 N63'56'33"E 40.23' L4 N42'08'41"E 1 1.00' L5 S47'51'19"E 67.00' L6 N42'08'41"E 70.00' CURVE TABLE L7 N87'08'41"E 60.81' CURVE RADIUS LENGTH DELTA CHORD BRG CHORD a r•. o L8 S47'51'19"E 37.00 Cl 25.00' 32.96' 75'31'54" S78'17'30"E 30.62' 0 N L9 S42'08'41"W 120.50' C2 27.00' 42.41' 90'00'00" S02'51'19"E 38.18' L10 S47'51'19"E 81.50' C3 200.00' 37.57' 10'45'51" N77'37'39"E 37.52' N N L11 N42'08'41"E 17.00' C4 260.1 48.85' 10'45'51" S77'37'39"W 48.77' L12 S47'51"9"E 30.00' Z L13 S87'08'41"W 44.24' 0 L14 N75'01'53"W 72.06' L6 o L15 S63'56'33"W 67.61' z 2 W L16 N40'3133"W 79.74' 0 L17 S17'45'17"E 60.00' a a r z W 1' W 3 0 z a 3 z 0 W O N N E N G I N E E R I N G _m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement kmengllp.com Apex Northwest Subdivision No. 5 DATE: November2024 ¢ PROJECT: 22-055 SHEET: A portion of the NW 1/4 of the SE 1/4 of Section 31, a 2 OF 2 L T3N., R1E., B.M., City of Meridian, Ada County, Idaho Ivor' 6'4.38 gsJ�' 1js�Jy 60.51 21 uy�/7� ^gip C4 lye 50 b1c; c, -0Q) ♦�'L ti ti�hO Y2�2!y w 1 B �A 4 0 o G- Zq 'o N f t Title: POB 2 Date: 11-12-2024 Scale: 1 inch=50 feet File: Tract 1: 0.060 Acres: 2593 Sq Feet:Closure=s77.3738w 0.00 Feet: Precision>1/999999: Perimeter=206 Feet 00 1=n06.5925w 60.00 003=s17.4517e 60.00 002:Lt,R=200.00,Delta-10.4551 004:Rt,R=260.00.Delta=10.4551 Bng=n77.3739e,Ch&37.52 Bng=s77.3739w,Chd=48.77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 1(ESMT- 2024-0163) ADA COUNTY RECORDER Trent Tripple 2024-068937 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/04/2024 08:45 AM Apex Northwest Subdivision No. 5 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0163 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this 3rd day of December 20 24 between DWT Investments LLC and SCSH Properties, LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS,the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration.the Grantor does hereby give, grant and convey unto the Grantee the right-of- way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings. trash enclosures, carports,sheds,fences,trees.or deep-rooted shrubs. Sanitary Sewer Easement Page 1 Version 01/01/2024 GRANTOR: SCSH PROPERTIES LLC, an Idaho limited liability company By: SCS Management LLC, an Idaho limited liability company Its: Manager By: A-44'flf'Q-T- 4111 Michael A. Half, President STATE OF IDAHO ) ss. County of Ada ) On this_L2-1 day of November, in the year of 2024 , before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Management LLC, the manager of SCSH Properties LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. i00, otary ablic for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G November 12,2024 Apex Northwest Subdivision No.5 Project No.22-055 Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a City of Meridian sewer easement situated in a portion of the Southwest 1/4 of the Northeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at a 5/8-inch rebar marking the center 1/4 corner of said Section 31,which bears S00°38'17"W a distance of 1,333.99 feet from a 5/8-inch rebar marking the Center-North 1/16 corner of said Section 31, thence following the southerly line of said Southwest 1/4 of the Northeast 1/4, N89°57'56"E a distance of 25.08 feet to the POINT OF BEGINNING. Thence leaving said southerly line, N40°31'33"W a distance of 38.10 feet to the westerly line of said Southwest 1/4 of the Northeast 1/4; Thence following said westerly line, N00°38'17"E a distance of 30.39 feet; Thence leaving said westerly line,S40°31'33"E a distance of 78.05 feet to said southerly line of the Southwest 1/4 of the Northeast 1/4; Thence following said southerly line,S89'57'56"W a distance of 26.30 feet to the POINT OF BEGINNING. Said description contains a total of 1,162 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 3 4 a 1 59 0 1 OF �N L. BE►�'1'� 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmenglip.com Iv CENTER—NORTH 1/16 CORNER 0 50 100 150 SECTION 31 FOUND 5/8" REBAR Plan Scale: 1" =50' .O � z D_ M � 0] \\ \ 0 \ \ , \ \ (n \ \\ m0 Turnbull Family Trust& \.\ DWT Investments, LLC o SCS Investments, LLC .\ \ & SCSH Properties, LLC s S1131244500 \ \ W \ S1131131675 l rl'° S40'31'33"E N00'38'17"E - �78.05' a 30.39' 5 S89'57'56'W m N40'31'33"W 26.30' z 38.10' ai \ �' a � c POINT OF COMMENCEMENT POINT OF \ CENTER 1/4 CORNER BEGINNING \ i SECTION 31 I N89'57'56"E \ — W FOUND 5/8" REBAR 25.08' (TIE)\ ` z I \ W Brighton Development 3 Inc. &SCS Holdings, LLC S1131427850 Z a 1CM v, N N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY W BOISE,IDAHO83713 PHONE(209)639-6939 Exhibit B - City of Meridian Sewer Easement kmengllp.com Apex Northwest Subdivision No. 5 D DAT E November2024 a PROJECT: 22-055 SHEET: A portion of the SW 1/4 of the NE 1/4 of Section 31, I 1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho U r n. - f7 ` N1 O O C H s89°57'56'W 26.30 Title: Date: 11-12-2024 Scale: 1 inch=20 feet File: Tract 1: 0.027 Acres: 1162 Sq Feet:Closure=s22.4639e 0.01 Feet: Precision=1/27534: Perimeter= 173 Feet 001=n40.3133w 38.10 003=s40.3133e 78.05 002=n00.3817e 30.39 004=s89.5756w 26.30 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 5 Sanitary Sewer Easement No. 2 (ESMT- 2024-0164) ADA COUNTY RECORDER Trent Tripple 2024-068938 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 12/04/2024 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE Apex Northwest Subdivision No. 5 Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use ONESMT-2024-0164 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this3rd day of December 20 24 between The David&Kristen Turnbull Family Trust U/T/A August 1,2006 and SCS Investments LLC, ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of- way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports,sheds,fences,trees,or deep-rooted shrubs. Sanitary Sewer Easement Page 1 Version 01/01/2024 GRANTOR: THE DAVID & KRISTIN TURNBULL FAMILY TRUST U/T/A AUGUST 1, 2006 an Idaho revocable trust David W. Turnbull, Trustee STATE OF IDAHO ) ss. County of Ada ) On this day of November, in the year of 2024, before me a Notary Public of said State, personally appeared David W. Turnbull, known or identified to me to be a Trustee of The David & Kristin Turnbull Family Trust, the trust that executed the instrument or the person who executed the instrument on behalf of said trust, and acknowledged to me that such trust 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. L�iitit, Notary Public for Idaho My Commission expires_ — — oZU FNOTARY I VAUGHAN ION#20181002 PUBLIC OF IDAHO N EXPIRES 06/ 11/2030 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By:z�-alz"111�-- loi& Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) On this day of JC�N�I �Lt, in the year of 20 before me a Notary Public of said State, personally appeared Michael A. Hall, known or identi ied to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho DONNA WILSON My Commission expires COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-3-2024 Attest by Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-3-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G November 13,2024 Apex Northwest Subdivision No.5 Project No.22-055 Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a city of Meridian sewer easement situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the center 1/4 corner of said Section 31,which bears S00°38'17"W a distance of 1,333.99 feet from a 5/8-inch rebar marking the Center-North 1/16 corner of said Section 31, thence following the easterly line of said Southeast 1/4 of the Northwest 1/4, N00°38'17"E a distance of 28.98 feet to the POINT OF BEGINNING. Thence leaving said easterly line, N40°31'33"W a distance of 24.69 feet; Thence N48°11'34"W a distance of 109.35 feet; Thence N68'45'28"W a distance of 207.35 feet; Thence S89°57'15"W a distance of 264.52 feet; Thence S44°57'15"W a distance of 35.36 feet to the easterly line of an existing sewer easement(Instrument No.2019-127584,records of Ada County,Idaho); Thence following said easterly line,N00°02'45"W a distance of 70.00 feet; Thence leaving said easterly line,S45°02'45"E a distance of 35.36 feet; Thence N89°57'15"E a distance of 268.28 feet; Thence S68°45'28"E a distance of 214.73 feet; Thence S48°11'34"E a distance of 114.31 feet; Thence S40°31'33"E a distance of 3.16 feet to the easterly line of said Southeast 1/4 of the Northwest 1/4; Thence following said easterly line,S00°38'17"W a distance of 30.39 feet to the POINT OF BEGINNING. Said description contains a total of 13,188 square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. s 4 'Fr'7 a a12459 O OF 1� L. B�►1'�' /t. 13.2d Z� 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com (AN) CENTER-NORTH 1/16 CORNER 0 100 200 300 SECTION 31 FOUND 5/8" REBAR Plan Scale: 1 =100 0 I I EXISTING 25.00' EASEMENT PER I�INSTRUMENT No. 2019-127584 o S45'02'45"E o rn J �35-36' "R J Q;LrIo _N89'57'15"E 268.28' __ _0. M� L E °J . -- S89'57'15"W 264.52' --4-fly\\ F �o o m I N6 �4,) S48'11'34"E > a S44'57'15"W B4S' �� 114.31' m0 = 35.36' Turnbull Family Trust & 28iv zp Ln om U 3S. In I I SCS Investments, LLC ' � ��\ � o L' I S 1131244500 I \ S40'31'33"E i I I N48-11'34"W__/;""- 3.16 POINT OF o I 109.35' b BEGINNING Q L2 4 L1 (TIE) o I O ry POINT OF COMMENCEMENT \ \ d CENTER 1/4 CORNER 5 SECTION 31 I \ LINE TABLE FOUND 5/8" REBAR z LINE BEARING DISTANCE ,..� U ¢ I c J o L1 NOO'38'17"E 28.98' E v�o QLn 5 L2 N40'31'33"W 24.69' '� 00 ¢ Q O a L3 N00'02'45"W 70.00' _ W INL4 S00'38'17"W 30.39' o _q L Cz N en L U I 00 C Z N O N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY X SOISE,IDAHO 11713 PHONE(208)639-6939 Exhibit B - City of Meridian Sewer Easement > kmengllpxom Apex Northwest Subdivision No. 5 v=i DATE: November 2024 a PROJECT: 22-055 SHEET: A portion of the SE 1/4 of the NW 1/4 of Section 31, 1 OF 1 T3N., 111E., B.M., City of Meridian, Ada County, Idaho fi 0 26s 28 n89°57'1 S@ $' s89°5715"w 264.52 1l4�3 20 Z35 S Y Title: Date: 11-13-2024 Scale: 1 inch= 100 feet File: Tract 1: 0.303 Acres: 13188 Sq Feet:Closure.=n51.5728e 0.01 Feet: Precision=1/124879: Perimeter=1378 Feet 001=n40.3133w 24.69 006=n00.0245w 70.00 011=s40.3133e 3.16 002=n48.1134w 109.35 007=s45.0245e 35.36 012=s00.3817w 30.39 003=n68.4528w 207.35 008=n89.5715e 268.28 004=s89.5715w 264.52 009=s68.4528e 214.73 005=s44.5715w 35.36 010=s48.1134e 114.31 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (H- 2024-0033) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement for Medimont Subdivision(Inst.#97072405)to Enter into a New Agreement for the Subject Property, Remove the Requirement for a Buffer to Adjacent Residential Land Uses, and Modify the Dimensional Standards and any Other Applicable Provisions; and Modification to the Existing Conditional Use Permit(i.e.CUP-03-056 Meridian Soccer Center)to Expand the Indoor Recreation Facility Use in the I-L Zoning District,by Erik Hagen Architecture. Case No(s). MCU-2024-0003; H-2024-0033 For the City Council Hearing Date of: November 12,2024(Findings on December 3, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 - I - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 12,2024,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a conditional use permit modification and development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of November 12,2024,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 11-513-6.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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -2- to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 12,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -3- By action of the City Council at its regular meeting held on the 3rd day of December 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 12-3-2024 Attest: Chris Johnson 12-3-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-3-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -4- EXHIBIT A E STAFF REPORT REPORT D A H O COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/12/2024 Legend DATE: 1 Pra:ect L=fnn TO: Mayor& City Council -- " FROM: Sonya Allen,Associate Planner r : 208-884-5533 SUBJECT: Treasure Valley Athletic Center— MCU,MDA MCU-2024-0003 H-2024-0033 LOCATION: 1250& 1251 E. Piper Ct., in the NE 1/4 ------ of Section 18, T.3N.,R.1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement for Medimont Subdivision(Inst. #97072405)to enter into a new agreement for the subject property,remove the requirement for a buffer to adjacent residential land uses, and modify the dimensional standards and any other applicable provisions; and modification to the existing Conditional Use Permit(i.e. CUP-03-056 Meridian Soccer Center)to expand the indoor recreation facility use in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.12-acres Future Land Use Designation General Industrial Existing Land Use Indoor recreation facility Proposed Land Use(s) Same(no change proposed) Current Zoning Light Industrial(I-L) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 5/13/24 attendees: History(previous approvals) Annexation(Ord.#755—Properties West),preliminary plat and final plat was approved for Medimont Subdivision in 1997(DA Inst.#97072405); CUP-03-056(Meridian Soccer Center);PBA-2024-0009 Page 1 ' 1 1 1 1 1 'R =1ni PINE ice.. ' W `i y. HOP US ��■■ +!_ 'AIL : Ic 11V era ■��r�■ wusleae�'�a ;7 1■�� —.e R'0. PP.,'JIJ� �::.a! :. _gin - M1�R •,i, :1 rr .III: FRA71 f� ��I, FR#f�,! IN• J� � s n� � �y� iF � Js�•' y • -Nuuu Ilia 1 1• *�1 _ 1 z= mill tile Iluw� •uu I w � . Fill I■ H I■ ■H �,■■■ �� �,■■■ ■■ ON MINN IN In =111 Ills sill 111_ Ri■mi MEN wd Elm '� �• MENEM N 111 INI . ......�I� .SIN 111 r2IIII �luw� :Yuu �i11iG ' I:u. 11 �1111 11 i EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 10/l/2024 Radius notification mailed to 9/26/2024 properties within 300 feet Site Posting Date 10/9/2024 Next Door posting 9/24/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCI7-Y.ORGICOMPPLAN): FUTURE LAND USE MAP DESIGNATION: This property is designated General Industrial on the Future Land Use Map(FLUM). This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and office uses. PROPOSED USE:The Applicant proposes to continue the previously approved indoor recreation facility use and expand the use/facility. The previous approval was for an indoor soccer center; the new use is an indoor beach volleyball and weight training facility. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciV.or /g coml2plan): 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): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All new parking lot landscaping is required to comply with the standards listed in UDC 11- 3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City water and sewer service is available to be extended to the proposed addition with development. • "Increase year-round recreational programming and activities that encourage education, health and wellness,community involvement, and multi-sensory play."(4.03.01) The proposed indoor volleyball and weight training facility will provide year-round recreational opportunities for area residents. Page 3 EXHIBIT A VI. STAFF ANALYSIS A. Development Agreement Modification(MDA): A Development Agreement(DA) (Inst. #97072405)was approved in 1997 with annexation of the subject property,which is part of the larger Medimont Subdivision(aka Stonebridge Business Park). Some,but not all,of the provisions in the DA apply to the subject property. The Applicant proposes a modification to the existing DA to enter into a new agreement for the subject property and remove the requirement for a buffer to adjacent residential land uses to the west,modification to the dimensional standards and other applicable provisions. Only the DA provisions applicable to the subject property are included below; all other provisions are not applicable. A legal description of the property subject to the new DA is included below in Section VIII.E. The following modifications are proposed to the existing DA provisions: (Changes shown in strike-out/underline format-Staff analysis in italics) • #4e—"PlapAing Stfip Westem Betmdafy. Provide a pexma-aen*n0 feat wiQe4andseaped f thisst p" The Applicant proposes to remove this provision. At the time the DA was adopted, the abutting property to the west of Lot 3, Block 1,Medimont Subdivision No. 1, was zoned R-40 and planned to develop with residential uses;subsequently, the property was rezoned to C-G and developed with a mix of commercial(non-residential) uses. Because there is no longer a need for the buffer, Staff is in agreement with excluding this provision from the new DA. • #4p—°` , bttildiag sethaeks shall be five (5) feet per-ster-y ftem the pfepet4y 1 The minimum rear yard setback shall be+••°e 0)ten 10 feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. Lets 3 thfoug All other setbacks shall be as required in the Zoning and Development Or-d ranee Unified Development Code." The Applicant requests the rear yard setback for the subject property is 10 feet instead of 20- feet. Because 10 feet accommodates the 10 foot wide irrigation pipe easement depicted on the plat and the 20 foot buffer to residential uses is no longer necessary, Staff is in agreement with the proposed reduced rear yard setback. Staff recommends the minimum side yard building setback of 5-foot per story is also removed because the current I-L dimensional standards do not require a minimum interior side setback. • #4s—" ° f the t.uild rg at" Staff recommends removal of this provision as the UDC no longer has restrictions on maximum lot coverage. Note: The building footprints of the existing and future structures have a 39%lot coverage. Staff has reviewed all other provisions in the DA and does not recommend any other provisions are carried over to the new DA. Staff recommends as a provision of the DA that future development is generally consistent with the site/landscape plans and conceptual elevations submitted with the subject application and complies with the conditions contained herein. Page 4 EXHIBIT A B. Conditional Use Permit Modification(MCU): A conditional use permit(CUP-03-056)was approved in 2003 for Meridian Soccer Center for a 20,000 square foot(s.£)indoor soccer field and 3,000 s.f. office,restrooms and a small pro shop for the sale of soccer merchandise in the I-L zoning district. A modification to the existing Conditional Use Permit(CUP-03-056) is proposed to expand the previously approved indoor recreation facility use in the I-L zoning district in accord with UDC 11-513-6G. A new 14,700 square foot(s.f.)building is proposed to the north of the existing building,which will contain sand courts for beach volleyball,a mezzanine with a weight and training room and offices, a waiting area,restrooms and a mechanical/utility room; eight(8) additional parking spaces are also proposed on the east side of the building.No additions to the existing building or changes to the existing site are proposed. The Applicant estimates that on a typical day and evening there will be approximately 30 patrons and two(2)employees within the primary building and 20 patrons and two (2)employees in the secondary building. The primary users of the facility will be people of all ages and the facility will be used from 9 am to 9 pm Monday through Friday and 9:00 am to 7:00 pm Saturday and Sunday. The heaviest periods of use for the facility are anticipated to be evenings and weekends. Tournaments are held in the existing building but will not be held in the new building. A property boundary adjustment(PBA-2024-0009 TVAC Beach Volleyball&Weight Training Facility)was recently tentatively approved between the subject property and the abutting property to the north to shift the northern property line an additional 75-feet to the north to accommodate the new building and parking, subject to completion of several tasks within one(1)year(i.e.by 9/23/2025) (see Record of Survey in Section VIII.D below). As a provision of the new DA, Staff recommends the Applicant receive final approval of the property boundary adjustment application prior to submittal of the Certificate of Zoning Compliance application. Specific Use Standards: There are specific use standards in the UDC that apply to the proposed use,as follows: (Staff analysis in italics) 11-4-3-2—Arts,Entertainment or Recreation Facility,Indoors and Outdoors: A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred(100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens,are an exception to this standard.No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty(50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant and drinking establishments,may be allowed if designed to serve patrons of the use only. The Applicant shall comply with this standard. 4. Outdoor speaker systems shall comply with section 11-3A-13, 'outdoor speaker systems", of this title.No outdoor speaker systems are proposed. B. Additional standards for swimming pools.Any outdoor swimming pool shall be completely enclosed within a six-foot non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code.A swimming pool is not proposed. Page 5 EXHIBIT A C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred(100) seats or more or within one thousand(1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit.No outdoor stage or musical venue is proposed. D. [Outdoor lighting.] Outdoor lighting, including lighted fields,designed for the site shall comply with Section 11-3A-11, "outdoor lighting," of this title. These standards may be modified through the approval of a conditional use permit. The Applicant shall comply with these standards. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district, except as otherwise restricted in the DA. The proposed plans demonstrate compliance with the minimum dimensional standards in the UDC and in the DA. Access: Access is provided to the site via E. Piper Ct.,an existing local street. Staff recommends a cross-access easement agreement is required with the abutting property to the north to facilitate cross- parking. Parking: Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.2, which requires one (1) space for every 2,000 s.f. of gross floor area. Based on 37,700 s.f. (14,700 s.f. for the new structure and 23,000 s.f. for the existing structure), a minimum of 19 spaces are required for the overall site; a total of 65 spaces are proposed at a ratio of 1:580 s.£, exceeding the minimum standard by 46 spaces. A shared parking agreement was required with neighboring businesses in the Medimont Business Park with the previous CUP application;however,the Applicant does not have a copy of the agreement and believes one may never have been executed. The Applicant is in the process of completing a shared parking and access easement agreement with the abutting property to the north (Dutchman Motorsports). This will allow cross-access between properties and provide more parking for the proposed use if needed during the heaviest periods of use in the evenings and weekends. Staff recommends as a provision of the new DA that a copy of the executed access and parking easement agreement(or the existing agreement if applicable)is submitted with the Certificate of Zoning Compliance application. Per UDC Table 11-3C-5,the required dimensions for 90-degree parking spaces are 9' x 19'— where a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced 2-feet in length if 2-feet is added to the width of the sidewalk or landscaped area planted in ground cover.The site plan submitted with the Certificate of Zoning Compliance application for the proposed improvements should be revised to depict a minimum 7-foot wide sidewalk on the south side of the new building. A bicycle rack capable of holding at least one(1)bicycle is required per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C- 5C. Staff recommends a bicycle rack is provided for the new building in accord with these standards and should be depicted on the site plan submitted with the Certificate of Zoning Compliance application along with a detail that demonstrates compliance with the aforementioned design standards. Landscaping: A 10-foot wide street buffer is required along E. Piper Ct., landscaped per the standards listed in UDC 11-3B-7C. A detailed landscape plan should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with these standards. Parking lot landscaping is required to be provided for the new section adjacent to E. Piper Ct. in Page 6 EXHIBIT A accord with the standards listed in UDC 11-3B-8C. Landscaping should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. There are no residential uses abutting this site;therefore, a buffer to residential uses is not required. There are existing trees along the(existing)northern boundary of the site that will be removed with development. Mitigation is required for existing trees removed from the site as set forth in UDC H- 3B-I005.Additional trees for mitigation should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. Sidewalks: An attached sidewalk exists along E. Piper Ct. at the east boundary of the site in accord with UDC 11-3A-17. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance and should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks in accord with the standards listed in UDC 11-3A-19.B.4.The proposed site plan depicts a walkway,however it appears to be painted striping on the pavement—the plans submitted with the Certificate of Zoning Compliance should comply with the aforementioned standard. Pathway: There are no multi-use pathways depicted on the Pathways Master Plan across this site. Fencing:No new fencing is depicted on the plans. Any fencing constructed on the site should comply with the standards for such in UDC 11-3A-7. Mechanical Equipment: All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. The plans submitted with the Certificate of Zoning Compliance application should depict the location of all mechanical equipment. Trash Enclosure: A trash enclosure exists along the west side of the existing building,which will serve both buildings. Building Elevations: Conceptual building elevations were submitted as shown in Section VIII.0 for the proposed single-story building with a mezzanine;building materials consist of vertical and horizontal metal panels,horizontal corrugated metal panels, fiber-cement panel accents, and glazing with a metal standing seam roof. The final design is required to be consistent with the Non- Residential design standards for the I-L zoning district listed in the Architectural Standards Manual. Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section IX,UDC standards and design standards for the site design and design of the building. VII. DECISION A. Staff: Staff recommends approval of the proposed MCU and MDA applications with the provisions included in Section IX per the Findings in Section X. Page 7 EXHIBIT A B. The Meridian Planning&Zoning Commission heard these items on October 17, 2024.At the public hearing,the Commission moved to recommend approval of the subject MCU and MDA requests. 1. Summary of Commission public hearing_ a. In favor: Erik Hagen,Erik Hagen Architecture(Applicant's Representative) b. In opposition:None c. Commenting d. Written testimony: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on November 12,2024. At the public hearing Council moved to approve the subject MCU and MDA requests. 1. Summary of the City Council public hearing: a. In favor: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) b. In opposition:None C. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 8 EXHIBIT A VIII. EXHIBITS A. Existing Approved Site/Landscape Plan uewVeH u,,tl7", T $� nnH„wxvn,i R .m _ d w NL a i s 1 Ey --I -- -------- I � € ® ® ® ram-'-------' � W W �`�4 4Q - -- - - } - FIT W 0 U) � I �Ba I ' I �wJ Page 9 EXHIBIT A B. Proposed Site/Landscape Plan (dated: 6/28/24) 1-H ' a� A11113e=1 IlegA0110A 4aea9 OVAL Q oa � 0 sig �gg g�g ff a _ __—__— --- -- -- -- -- - -- ta_—_ _ Ld Lu � E� a3aav 3sodoa"e of i I to — J ese I Q d I U gg dFr k IC O•� W — o j� m '$ a Ir o 0- IL W ❑w Ir W J- I B Q N r vl 5nvi59NwnVd cc I®Iz �y I I o�j 9' III �$ �I__—_____ __—___ v N I o� I ua3i]a---iqu�u= __ 'r d -Page 10 EXHIBIT A C. Building Elevations & Floor Plan(dated: 6/28/24) o a a/lll!oe=j IIegAa11OA 43ea9 OVAL CO w ao w �5 E LAM I I I I I I o I I I I I I I I I I I I I I I I I mF I I I I nq I II I I I I I I I I I I I I I I � Z" I I - Na• I I I I I I I I - I I I I I w� I I II — Page 11 EXHIBIT A 1,111 A llegAalloA 43ee9 OVnt Q o QT LO �c tr�l �trz Q�I Q.1 II ;I III T- I I I II I ' f I I i I - I I Il Fl= Fl® -�_ _ -_ - - ---- 1 - - I I I I I i I I I I I i � l li illl 1 I :x I LJ -..l tr4 tr[I trGl Page 12 EXHIBIT A D. Record of Survey—Tentatively Approved (PSA-2024-0009) A z° W e sac wC g !s > a o r A a 8 ~x p e Q I I O o • � � D � i a � �� � �G �� r Lw CK w w I Cr qk Z gg 2 g$ a � �g� aid Ln Z _� ry K A 8� r Sar ocj' I U y � m x � a to tt a 9 A C O 1 w x w Ib C r' ' � O + alrooa ■,ra,xm s I1I K $ MW A.fY,mm5 — 1VU .PO`GC u I 4j y �„O pp aI tY m N I to a�? 5 i n Ha �tj gal _ 1�ooie 4 1'oH HOISKI0GnS 3OWd 3111VG )t 0wg'1 101 g n - N05NIOBf15"OOV 30V1d 0LL1tl9 z A 'S Page 13 EXHIBIT A E. Legal Description of Property Subject to the New Development Agreement PORTSIDE LAND SURVEYING , LLC EYHOT A Parcel A A parcel of land being all of Lot 4,Black 1 and a portion of Lot 3,Block 1 of Medimont Subdivision No. 1,Book 75,Page 7794,Records of Ada County,said parcel being located in tl'Me Northeast Quarter of the Northeast Quarter of Section 18,Township 3 North,Range 1 East,Boise Meridian,more particularly described as faIlows. Commencing at the Northwest corner of the Nortfeast Quarter of the Northeast Quarter of said Section 18,thence along the West line of said Northeast Quarter,South 00'29'39"west a distance of 90.00 feet to the Northwest corner of said Lot 3;Thence along the West fine of said Lot 3,South 00`29'39" West a distance of 194.99 feet to the True Point of Beginning; Thence ieaving said West line,South 89'01'17"East a distance of 216.67 feet to a point on the East line of said Lot 3; Thence along said East line,South 00'58'43"west a distance of 75.00 feet to the Northeast corner of said Lot 4; Thence along the East line of said Lot 4,South 00'5a'43"West a distance of 75.00 feet an angle point in the boundary of said Lot 4; Thence along the boundary line of said Lot 4,South 89'01'17"East a distance of 29.00 feet to an angle paint boundary of said Lot 4; Thence along the East line of said Lot 4,South 00'58'43'West a distance of 246.00 feet the Southeast corner of said Lot 4; Thence along the South line of said Lot 4,North 89'01'17"West a distance of 242.32 feet to the Southwest corner of said Lot 4; Thence along the West line of said Lot 4,North 00'29'39"East a distance of 321.01 feet to the Northwest corner of said Lot 4,also being the southwest corner of said Lot 3; Thence along the Vilest line of said Lot 3,North 00'29'39"East a distance of 75.00 feet to the True Point of Beginning. Said Parcel containing 2,118 Acres,{92,272 s.f.i more or less. End Description '�A 0 Project No.24.113 7 �a Prepared May 22,2024 USA OF "q9 3626 W.Hill Rd.Bme,ID837b3 (208)04-6666 jimQparl,srdesarvey.cam Page 14 EXHIBIT A N 7 P.O.C. PARCELS A k B E.FRAAgQlNRO � i o o d NE E.Tl.ti 8 13 — 1= +� � P.O.B. PARCELB — — —— — — - - � IG — — — — — — — _ z Q ZZ - 1250 E. PIPER CT- tn EXISTING BUILDING W m Y WEDIMONT SUBDIVISION No- 1 cn J W BLOCK 1 � CV cwi °° 3 C17 a � PARCEL B v J x 1.118 Acres 48,707 S.F. �3 L C 145.7' N in I f I s 99'01'17'E 245.457' P-O-B- PARCEL A g 40'LANDSCAPING SET BACK PER PLAT a k w l_1._. s asor'17•a 216.04' w E.PAFRCQURr n OLD PARCEL LINE y F!89'01'17'W aod.75' k � � h w. 7 a Nz PARCEL A 7 L) 2.118 Acres 5 B9'01'17"E w O 92,272 S.F. 2B'�' SITE w m +� U o F E Q 10' cry f O N 1251 E. PIPER CT- EXISTING BUILDING r r I 4 :3CD L a [V N 59'01'17"ly 242.32'CD b L w a (� a 5w CORNER NE 1/4 MEDIMONT SUBDIVISION No. 2 `-� a�NE 1/4 SECTION 18 BLOCK 1 L x ILJ��J}J�I I Page 15 EXHIBIT A IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A new Development Agreement(DA) shall be required as a provision of the MDA application for Parcel A shown on the Record of Survey in Section VIII.D,which consists of Lot 3 and a portion of Lot 4, Block 1,Medimont Subdivision No. 1. The previous DA(Inst. #97072405) for Medimont Subdivision shall no longer be in effect for the subject property. A new DA shall be entered into between the City of Meridian,the property owner(s),and the developer. 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 subject application. The DA shall,at minimum, incorporate the following provisions: i. Future development of this site shall be generally consistent with the site/landscape plan and conceptual building elevations submitted with the conditional use permit modification(MCU-2024-0003) and shall comply with the associated conditions of approval. ii. The minimum rear yard setback shall be ten(10) feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. All other setbacks shall be as required by the Unified Development Code. iii. A copy of the executed shared parking and cross-access agreement with the abutting property to the north at 1250 E. Piper Ct. shall be submitted with the Certificate of Zoning Compliance application. iv. The Applicant shall receive final approval of the property boundary adjustment application(PBA-2024-0009)prior to submittal of the Certificate of Zoning Compliance application. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict a bicycle rack for the new structure that complies with the location and design standards listed in UDC 11-3C-5C; include a detail of the bicycle rack. b. Depict landscaping within the 10-foot wide street buffer along E. Piper Ct. in accord with the standards listed in UDC 11-3B-7C. c. Depict landscaping within the new planter areas in the parking area on the east side of the new building adjacent to E. Piper Ct. in accord with the standards listed in UDC 11-313- 8C. d. Include mitigation information for existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. e. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance of the new building distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks in accord with the standards listed in UDC 11-3A-19.13.4. f. Depict a minimum 7-foot wide sidewalk on the south side of the new building to allow for 2-feet of vehicle overhang in accord with UDC 11-3C-5B.4. g. Depict all mechanical equipment on the plans.All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be Page 16 EXHIBIT A incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as setforth in UDC 11-3A-12. 3. Any fencing constructed on the site shall comply with the standards for such in UDC I I-3A- 6C and 11-3A-7. 4. All outdoor lighting shall comply with the standards listed in UDC 11-3A-11. These standards may be modified through the approval of a conditional use permit. 5. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed structure and associated site improvements prior to submittal of a building permit application. The design of the proposed structure shall comply with the Non- Residential design standards for the I-L zoning district in the Architectural Standards Manual. 6. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. Please seethe project files(H-2024-0033&MCU-2024-0003) included in the public record for other City Department and Agency comments. X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the I-L zoning district. 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 the expansion of the indoor recreation facility use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 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 design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, 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 noted in Section IX of this report. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Page 17 EXHIBIT A The City 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. The City 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. The City 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. The City 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) The City 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. Page 18 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Treasure Valley Athletic Center (MCU-2024-0003) by Erik Hagen Architecture, located at 1250 & 1251 E. Piper Ct. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement for Medimont Subdivision(Inst.#97072405)to Enter into a New Agreement for the Subject Property, Remove the Requirement for a Buffer to Adjacent Residential Land Uses, and Modify the Dimensional Standards and any Other Applicable Provisions; and Modification to the Existing Conditional Use Permit(i.e.CUP-03-056 Meridian Soccer Center)to Expand the Indoor Recreation Facility Use in the I-L Zoning District,by Erik Hagen Architecture. Case No(s). MCU-2024-0003; H-2024-0033 For the City Council Hearing Date of: November 12,2024(Findings on December 3, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 12, 2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 - I - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 12,2024,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a conditional use permit modification and development agreement modification is hereby approved per the provisions in the Staff Report for the hearing date of November 12,2024,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 11-513-6.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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -2- to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 12,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -3- By action of the City Council at its regular meeting held on the 3rd day of December 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 12-3-2024 Attest: Chris Johnson 12-3-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 12-3-2024 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TREASURE VALLEY ATHLETIC CENTER MCU-2024-0003 H-2024-0033 -4- EXHIBIT A E STAFF REPORT REPORT D A H O COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/12/2024 Legend DATE: 1 Pra:ect L=fnn TO: Mayor& City Council -- " FROM: Sonya Allen,Associate Planner r : 208-884-5533 SUBJECT: Treasure Valley Athletic Center— MCU,MDA MCU-2024-0003 H-2024-0033 LOCATION: 1250& 1251 E. Piper Ct., in the NE 1/4 ------ of Section 18, T.3N.,R.1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement for Medimont Subdivision(Inst. #97072405)to enter into a new agreement for the subject property,remove the requirement for a buffer to adjacent residential land uses, and modify the dimensional standards and any other applicable provisions; and modification to the existing Conditional Use Permit(i.e. CUP-03-056 Meridian Soccer Center)to expand the indoor recreation facility use in the I-L zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.12-acres Future Land Use Designation General Industrial Existing Land Use Indoor recreation facility Proposed Land Use(s) Same(no change proposed) Current Zoning Light Industrial(I-L) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 5/13/24 attendees: History(previous approvals) Annexation(Ord.#755—Properties West),preliminary plat and final plat was approved for Medimont Subdivision in 1997(DA Inst.#97072405); CUP-03-056(Meridian Soccer Center);PBA-2024-0009 Page 1 ' 1 1 1 1 1 'R =1ni PINE ice.. ' W `i y. HOP US ��■■ +!_ 'AIL : Ic 11V era ■��r�■ wusleae�'�a ;7 1■�� —.e R'0. PP.,'JIJ� �::.a! :. _gin - M1�R •,i, :1 rr .III: FRA71 f� ��I, FR#f�,! IN• J� � s n� � �y� iF � Js�•' y • -Nuuu Ilia 1 1• *�1 _ 1 z= mill tile Iluw� •uu I w � . Fill I■ H I■ ■H �,■■■ �� �,■■■ ■■ ON MINN IN In =111 Ills sill 111_ Ri■mi MEN wd Elm '� �• MENEM N 111 INI . ......�I� .SIN 111 r2IIII �luw� :Yuu �i11iG ' I:u. 11 �1111 11 i EXHIBIT A C. Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 10/l/2024 Radius notification mailed to 9/26/2024 properties within 300 feet Site Posting Date 10/9/2024 Next Door posting 9/24/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCI7-Y.ORGICOMPPLAN): FUTURE LAND USE MAP DESIGNATION: This property is designated General Industrial on the Future Land Use Map(FLUM). This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and office uses. PROPOSED USE:The Applicant proposes to continue the previously approved indoor recreation facility use and expand the use/facility. The previous approval was for an indoor soccer center; the new use is an indoor beach volleyball and weight training facility. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciV.or /g coml2plan): 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): • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets."(2.01.04B) All new parking lot landscaping is required to comply with the standards listed in UDC 11- 3B-8C. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.01F) City water and sewer service is available to be extended to the proposed addition with development. • "Increase year-round recreational programming and activities that encourage education, health and wellness,community involvement, and multi-sensory play."(4.03.01) The proposed indoor volleyball and weight training facility will provide year-round recreational opportunities for area residents. Page 3 EXHIBIT A VI. STAFF ANALYSIS A. Development Agreement Modification(MDA): A Development Agreement(DA) (Inst. #97072405)was approved in 1997 with annexation of the subject property,which is part of the larger Medimont Subdivision(aka Stonebridge Business Park). Some,but not all,of the provisions in the DA apply to the subject property. The Applicant proposes a modification to the existing DA to enter into a new agreement for the subject property and remove the requirement for a buffer to adjacent residential land uses to the west,modification to the dimensional standards and other applicable provisions. Only the DA provisions applicable to the subject property are included below; all other provisions are not applicable. A legal description of the property subject to the new DA is included below in Section VIII.E. The following modifications are proposed to the existing DA provisions: (Changes shown in strike-out/underline format-Staff analysis in italics) • #4e—"PlapAing Stfip Westem Betmdafy. Provide a pexma-aen*n0 feat wiQe4andseaped f thisst p" The Applicant proposes to remove this provision. At the time the DA was adopted, the abutting property to the west of Lot 3, Block 1,Medimont Subdivision No. 1, was zoned R-40 and planned to develop with residential uses;subsequently, the property was rezoned to C-G and developed with a mix of commercial(non-residential) uses. Because there is no longer a need for the buffer, Staff is in agreement with excluding this provision from the new DA. • #4p—°` , bttildiag sethaeks shall be five (5) feet per-ster-y ftem the pfepet4y 1 The minimum rear yard setback shall be+••°e 0)ten 10 feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. Lets 3 thfoug All other setbacks shall be as required in the Zoning and Development Or-d ranee Unified Development Code." The Applicant requests the rear yard setback for the subject property is 10 feet instead of 20- feet. Because 10 feet accommodates the 10 foot wide irrigation pipe easement depicted on the plat and the 20 foot buffer to residential uses is no longer necessary, Staff is in agreement with the proposed reduced rear yard setback. Staff recommends the minimum side yard building setback of 5-foot per story is also removed because the current I-L dimensional standards do not require a minimum interior side setback. • #4s—" ° f the t.uild rg at" Staff recommends removal of this provision as the UDC no longer has restrictions on maximum lot coverage. Note: The building footprints of the existing and future structures have a 39%lot coverage. Staff has reviewed all other provisions in the DA and does not recommend any other provisions are carried over to the new DA. Staff recommends as a provision of the DA that future development is generally consistent with the site/landscape plans and conceptual elevations submitted with the subject application and complies with the conditions contained herein. Page 4 EXHIBIT A B. Conditional Use Permit Modification(MCU): A conditional use permit(CUP-03-056)was approved in 2003 for Meridian Soccer Center for a 20,000 square foot(s.£)indoor soccer field and 3,000 s.f. office,restrooms and a small pro shop for the sale of soccer merchandise in the I-L zoning district. A modification to the existing Conditional Use Permit(CUP-03-056) is proposed to expand the previously approved indoor recreation facility use in the I-L zoning district in accord with UDC 11-513-6G. A new 14,700 square foot(s.f.)building is proposed to the north of the existing building,which will contain sand courts for beach volleyball,a mezzanine with a weight and training room and offices, a waiting area,restrooms and a mechanical/utility room; eight(8) additional parking spaces are also proposed on the east side of the building.No additions to the existing building or changes to the existing site are proposed. The Applicant estimates that on a typical day and evening there will be approximately 30 patrons and two(2)employees within the primary building and 20 patrons and two (2)employees in the secondary building. The primary users of the facility will be people of all ages and the facility will be used from 9 am to 9 pm Monday through Friday and 9:00 am to 7:00 pm Saturday and Sunday. The heaviest periods of use for the facility are anticipated to be evenings and weekends. Tournaments are held in the existing building but will not be held in the new building. A property boundary adjustment(PBA-2024-0009 TVAC Beach Volleyball&Weight Training Facility)was recently tentatively approved between the subject property and the abutting property to the north to shift the northern property line an additional 75-feet to the north to accommodate the new building and parking, subject to completion of several tasks within one(1)year(i.e.by 9/23/2025) (see Record of Survey in Section VIII.D below). As a provision of the new DA, Staff recommends the Applicant receive final approval of the property boundary adjustment application prior to submittal of the Certificate of Zoning Compliance application. Specific Use Standards: There are specific use standards in the UDC that apply to the proposed use,as follows: (Staff analysis in italics) 11-4-3-2—Arts,Entertainment or Recreation Facility,Indoors and Outdoors: A. General standards. 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred(100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens,are an exception to this standard.No outdoor recreation areas are proposed; all activities will take place within the building. 2. No outdoor event or activity center shall be located within fifty(50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m.No outdoor events or activities are proposed. 3. Accessory uses including,but not limited to,retail, equipment rental,restaurant and drinking establishments,may be allowed if designed to serve patrons of the use only. The Applicant shall comply with this standard. 4. Outdoor speaker systems shall comply with section 11-3A-13, 'outdoor speaker systems", of this title.No outdoor speaker systems are proposed. B. Additional standards for swimming pools.Any outdoor swimming pool shall be completely enclosed within a six-foot non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code.A swimming pool is not proposed. Page 5 EXHIBIT A C. Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred(100) seats or more or within one thousand(1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit.No outdoor stage or musical venue is proposed. D. [Outdoor lighting.] Outdoor lighting, including lighted fields,designed for the site shall comply with Section 11-3A-11, "outdoor lighting," of this title. These standards may be modified through the approval of a conditional use permit. The Applicant shall comply with these standards. Dimensional Standards: Future development should be consistent with the dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district, except as otherwise restricted in the DA. The proposed plans demonstrate compliance with the minimum dimensional standards in the UDC and in the DA. Access: Access is provided to the site via E. Piper Ct.,an existing local street. Staff recommends a cross-access easement agreement is required with the abutting property to the north to facilitate cross- parking. Parking: Off-street parking is required in accord with the standards listed in UDC 11-3C-6B.2, which requires one (1) space for every 2,000 s.f. of gross floor area. Based on 37,700 s.f. (14,700 s.f. for the new structure and 23,000 s.f. for the existing structure), a minimum of 19 spaces are required for the overall site; a total of 65 spaces are proposed at a ratio of 1:580 s.£, exceeding the minimum standard by 46 spaces. A shared parking agreement was required with neighboring businesses in the Medimont Business Park with the previous CUP application;however,the Applicant does not have a copy of the agreement and believes one may never have been executed. The Applicant is in the process of completing a shared parking and access easement agreement with the abutting property to the north (Dutchman Motorsports). This will allow cross-access between properties and provide more parking for the proposed use if needed during the heaviest periods of use in the evenings and weekends. Staff recommends as a provision of the new DA that a copy of the executed access and parking easement agreement(or the existing agreement if applicable)is submitted with the Certificate of Zoning Compliance application. Per UDC Table 11-3C-5,the required dimensions for 90-degree parking spaces are 9' x 19'— where a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced 2-feet in length if 2-feet is added to the width of the sidewalk or landscaped area planted in ground cover.The site plan submitted with the Certificate of Zoning Compliance application for the proposed improvements should be revised to depict a minimum 7-foot wide sidewalk on the south side of the new building. A bicycle rack capable of holding at least one(1)bicycle is required per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C- 5C. Staff recommends a bicycle rack is provided for the new building in accord with these standards and should be depicted on the site plan submitted with the Certificate of Zoning Compliance application along with a detail that demonstrates compliance with the aforementioned design standards. Landscaping: A 10-foot wide street buffer is required along E. Piper Ct., landscaped per the standards listed in UDC 11-3B-7C. A detailed landscape plan should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance with these standards. Parking lot landscaping is required to be provided for the new section adjacent to E. Piper Ct. in Page 6 EXHIBIT A accord with the standards listed in UDC 11-3B-8C. Landscaping should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. There are no residential uses abutting this site;therefore, a buffer to residential uses is not required. There are existing trees along the(existing)northern boundary of the site that will be removed with development. Mitigation is required for existing trees removed from the site as set forth in UDC H- 3B-I005.Additional trees for mitigation should be depicted on the plans submitted with the Certificate of Zoning Compliance application in accord with these standards. Sidewalks: An attached sidewalk exists along E. Piper Ct. at the east boundary of the site in accord with UDC 11-3A-17. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance and should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks in accord with the standards listed in UDC 11-3A-19.B.4.The proposed site plan depicts a walkway,however it appears to be painted striping on the pavement—the plans submitted with the Certificate of Zoning Compliance should comply with the aforementioned standard. Pathway: There are no multi-use pathways depicted on the Pathways Master Plan across this site. Fencing:No new fencing is depicted on the plans. Any fencing constructed on the site should comply with the standards for such in UDC 11-3A-7. Mechanical Equipment: All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC 11-3A-12. The plans submitted with the Certificate of Zoning Compliance application should depict the location of all mechanical equipment. Trash Enclosure: A trash enclosure exists along the west side of the existing building,which will serve both buildings. Building Elevations: Conceptual building elevations were submitted as shown in Section VIII.0 for the proposed single-story building with a mezzanine;building materials consist of vertical and horizontal metal panels,horizontal corrugated metal panels, fiber-cement panel accents, and glazing with a metal standing seam roof. The final design is required to be consistent with the Non- Residential design standards for the I-L zoning district listed in the Architectural Standards Manual. Certificate of Zoning Compliance& Design Review: A Certificate of Zoning Compliance and Design Review application is required to be submitted for the proposed use prior to submittal of a building permit application to ensure consistency with the conditions in Section IX,UDC standards and design standards for the site design and design of the building. VII. DECISION A. Staff: Staff recommends approval of the proposed MCU and MDA applications with the provisions included in Section IX per the Findings in Section X. Page 7 EXHIBIT A B. The Meridian Planning&Zoning Commission heard these items on October 17, 2024.At the public hearing,the Commission moved to recommend approval of the subject MCU and MDA requests. 1. Summary of Commission public hearing_ a. In favor: Erik Hagen,Erik Hagen Architecture(Applicant's Representative) b. In opposition:None c. Commenting d. Written testimony: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on November 12,2024. At the public hearing Council moved to approve the subject MCU and MDA requests. 1. Summary of the City Council public hearing: a. In favor: Erik Hagen,Erik Hagen Architecture (Applicant's Representative) b. In opposition:None C. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 8 EXHIBIT A VIII. EXHIBITS A. Existing Approved Site/Landscape Plan uewVeH u,,tl7", T $� nnH„wxvn,i R .m _ d w NL a i s 1 Ey --I -- -------- I � € ® ® ® ram-'-------' � W W �`�4 4Q - -- - - } - FIT W 0 U) � I �Ba I ' I �wJ Page 9 EXHIBIT A B. Proposed Site/Landscape Plan (dated: 6/28/24) 1-H ' a� A11113e=1 IlegA0110A 4aea9 OVAL Q oa � 0 sig �gg g�g ff a _ __—__— --- -- -- -- -- - -- ta_—_ _ Ld Lu � E� a3aav 3sodoa"e of i I to — J ese I Q d I U gg dFr k IC O•� W — o j� m '$ a Ir o 0- IL W ❑w Ir W J- I B Q N r vl 5nvi59NwnVd cc I®Iz �y I I o�j 9' III �$ �I__—_____ __—___ v N I o� I ua3i]a---iqu�u= __ 'r d -Page 10 EXHIBIT A C. Building Elevations & Floor Plan(dated: 6/28/24) o a a/lll!oe=j IIegAa11OA 43ea9 OVAL CO w ao w �5 E LAM I I I I I I o I I I I I I I I I I I I I I I I I mF I I I I nq I II I I I I I I I I I I I I I I � Z" I I - Na• I I I I I I I I - I I I I I w� I I II — Page 11 EXHIBIT A 1,111 A llegAalloA 43ee9 OVnt Q o QT LO �c tr�l �trz Q�I Q.1 II ;I III T- I I I II I ' f I I i I - I I Il Fl= Fl® -�_ _ -_ - - ---- 1 - - I I I I I i I I I I I i � l li illl 1 I :x I LJ -..l tr4 tr[I trGl Page 12 EXHIBIT A D. Record of Survey—Tentatively Approved (PSA-2024-0009) A z° W e sac wC g !s > a o r A a 8 ~x p e Q I I O o • � � D � i a � �� � �G �� r Lw CK w w I Cr qk Z gg 2 g$ a � �g� aid Ln Z _� ry K A 8� r Sar ocj' I U y � m x � a to tt a 9 A C O 1 w x w Ib C r' ' � O + alrooa ■,ra,xm s I1I K $ MW A.fY,mm5 — 1VU .PO`GC u I 4j y �„O pp aI tY m N I to a�? 5 i n Ha �tj gal _ 1�ooie 4 1'oH HOISKI0GnS 3OWd 3111VG )t 0wg'1 101 g n - N05NIOBf15"OOV 30V1d 0LL1tl9 z A 'S Page 13 EXHIBIT A E. Legal Description of Property Subject to the New Development Agreement PORTSIDE LAND SURVEYING , LLC EYHOT A Parcel A A parcel of land being all of Lot 4,Black 1 and a portion of Lot 3,Block 1 of Medimont Subdivision No. 1,Book 75,Page 7794,Records of Ada County,said parcel being located in tl'Me Northeast Quarter of the Northeast Quarter of Section 18,Township 3 North,Range 1 East,Boise Meridian,more particularly described as faIlows. Commencing at the Northwest corner of the Nortfeast Quarter of the Northeast Quarter of said Section 18,thence along the West line of said Northeast Quarter,South 00'29'39"west a distance of 90.00 feet to the Northwest corner of said Lot 3;Thence along the West fine of said Lot 3,South 00`29'39" West a distance of 194.99 feet to the True Point of Beginning; Thence ieaving said West line,South 89'01'17"East a distance of 216.67 feet to a point on the East line of said Lot 3; Thence along said East line,South 00'58'43"west a distance of 75.00 feet to the Northeast corner of said Lot 4; Thence along the East line of said Lot 4,South 00'5a'43"West a distance of 75.00 feet an angle point in the boundary of said Lot 4; Thence along the boundary line of said Lot 4,South 89'01'17"East a distance of 29.00 feet to an angle paint boundary of said Lot 4; Thence along the East line of said Lot 4,South 00'58'43'West a distance of 246.00 feet the Southeast corner of said Lot 4; Thence along the South line of said Lot 4,North 89'01'17"West a distance of 242.32 feet to the Southwest corner of said Lot 4; Thence along the West line of said Lot 4,North 00'29'39"East a distance of 321.01 feet to the Northwest corner of said Lot 4,also being the southwest corner of said Lot 3; Thence along the Vilest line of said Lot 3,North 00'29'39"East a distance of 75.00 feet to the True Point of Beginning. Said Parcel containing 2,118 Acres,{92,272 s.f.i more or less. End Description '�A 0 Project No.24.113 7 �a Prepared May 22,2024 USA OF "q9 3626 W.Hill Rd.Bme,ID837b3 (208)04-6666 jimQparl,srdesarvey.cam Page 14 EXHIBIT A N 7 P.O.C. PARCELS A k B E.FRAAgQlNRO � i o o d NE E.Tl.ti 8 13 — 1= +� � P.O.B. PARCELB — — —— — — - - � IG — — — — — — — _ z Q ZZ - 1250 E. PIPER CT- tn EXISTING BUILDING W m Y WEDIMONT SUBDIVISION No- 1 cn J W BLOCK 1 � CV cwi °° 3 C17 a � PARCEL B v J x 1.118 Acres 48,707 S.F. �3 L C 145.7' N in I f I s 99'01'17'E 245.457' P-O-B- PARCEL A g 40'LANDSCAPING SET BACK PER PLAT a k w l_1._. s asor'17•a 216.04' w E.PAFRCQURr n OLD PARCEL LINE y F!89'01'17'W aod.75' k � � h w. 7 a Nz PARCEL A 7 L) 2.118 Acres 5 B9'01'17"E w O 92,272 S.F. 2B'�' SITE w m +� U o F E Q 10' cry f O N 1251 E. PIPER CT- EXISTING BUILDING r r I 4 :3CD L a [V N 59'01'17"ly 242.32'CD b L w a (� a 5w CORNER NE 1/4 MEDIMONT SUBDIVISION No. 2 `-� a�NE 1/4 SECTION 18 BLOCK 1 L x ILJ��J}J�I I Page 15 EXHIBIT A IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A new Development Agreement(DA) shall be required as a provision of the MDA application for Parcel A shown on the Record of Survey in Section VIII.D,which consists of Lot 3 and a portion of Lot 4, Block 1,Medimont Subdivision No. 1. The previous DA(Inst. #97072405) for Medimont Subdivision shall no longer be in effect for the subject property. A new DA shall be entered into between the City of Meridian,the property owner(s),and the developer. 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 subject application. The DA shall,at minimum, incorporate the following provisions: i. Future development of this site shall be generally consistent with the site/landscape plan and conceptual building elevations submitted with the conditional use permit modification(MCU-2024-0003) and shall comply with the associated conditions of approval. ii. The minimum rear yard setback shall be ten(10) feet from the property line so as not to encroach in the irrigation pipe easement depicted on the Medimont Subdivision No. 1 plat. All other setbacks shall be as required by the Unified Development Code. iii. A copy of the executed shared parking and cross-access agreement with the abutting property to the north at 1250 E. Piper Ct. shall be submitted with the Certificate of Zoning Compliance application. iv. The Applicant shall receive final approval of the property boundary adjustment application(PBA-2024-0009)prior to submittal of the Certificate of Zoning Compliance application. 2. The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. Depict a bicycle rack for the new structure that complies with the location and design standards listed in UDC 11-3C-5C; include a detail of the bicycle rack. b. Depict landscaping within the 10-foot wide street buffer along E. Piper Ct. in accord with the standards listed in UDC 11-3B-7C. c. Depict landscaping within the new planter areas in the parking area on the east side of the new building adjacent to E. Piper Ct. in accord with the standards listed in UDC 11-313- 8C. d. Include mitigation information for existing trees that are removed from the site in accord with the standards listed in UDC 11-313-10C.5. e. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk to the main building entrance of the new building distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks in accord with the standards listed in UDC 11-3A-19.13.4. f. Depict a minimum 7-foot wide sidewalk on the south side of the new building to allow for 2-feet of vehicle overhang in accord with UDC 11-3C-5B.4. g. Depict all mechanical equipment on the plans.All mechanical equipment on the back of the building or on the rooftop and all outdoor service and equipment should be Page 16 EXHIBIT A incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as setforth in UDC 11-3A-12. 3. Any fencing constructed on the site shall comply with the standards for such in UDC I I-3A- 6C and 11-3A-7. 4. All outdoor lighting shall comply with the standards listed in UDC 11-3A-11. These standards may be modified through the approval of a conditional use permit. 5. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed structure and associated site improvements prior to submittal of a building permit application. The design of the proposed structure shall comply with the Non- Residential design standards for the I-L zoning district in the Architectural Standards Manual. 6. The conditional use permit is valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. Please seethe project files(H-2024-0033&MCU-2024-0003) included in the public record for other City Department and Agency comments. X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds the site is large enough to accommodate the proposed development and meet all dimensional and development regulations of the I-L zoning district. 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 the expansion of the indoor recreation facility use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IX of this report. 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 design, construction, operation and maintenance of the proposed use will be compatible with other uses in the general neighborhood, 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 noted in Section IX of this report. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Page 17 EXHIBIT A The City 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. The City 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. The City 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. The City 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) The City 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. Page 18 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Centrepoint Apartments (H-2024- 0019), by Nicolette Womack, Kimley-Horn, located at 3030 N. Cajun Lane and 3100 N. Centrepoint Way, near the southwest corner of N. Eagle Rd. and E. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Alternative Compliance,modification to the Conditional Use Permit and Development Agreement,by Nicolette Womack,Kimley-Horn. Case No(s).H-2024-0019 For the City Council Hearing Date of. October 15,2024, Continued to November 19, 2024 (Findings on December 3,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 19,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 19,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 19, 2024 incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 19, 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 I I 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 § I I-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(CENTREPOINT APARTMENTS ALT,CUP,MDA-H-2024-0019) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 19, 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 Alternative Compliance,modification of the Conditional Use Permit and the Development Agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 19,2024,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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTREPOINT APARTMENTS ALT,CUP,MDA-H-2024-0019) -2- 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. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 19,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTREPOINT APARTMENTS ALT,CUP,MDA-H-2024-0019) -3- 3rd December 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 12-3-2024 Attest: Chris Johnson 12-3-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-3-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTREPOINT APARTMENTS ALT,CUP,MDA-H-2024-0019) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEDEPARTMENT REPORT HEARING 10/15/2024 continued to 11/19/2024 Legend DATE: M Project Location T_: TO: Mayor& City Council :Area of Impact --- = City Limits , FROM: Linda Ritter,Associate Planner O Analysis 208-884-5533 Iritter@meridiancity.org APPLICANT: Nicolette Womack,Kimley-Horn ,@ _ SUBJECT: H-2024-0019 ®® L Centrepoint Apartments-ALT,CUP, MDA LOCATION: Project is located at 3030 N. Cajun Lane ®® and 3100 N. Centrepoint Way,near the FT '_ southwest corner of N. Eagle Road and E.Ustick Road,in the NE 1/4 of the NE 1/4 of Section 5,Township 3N,Range 1 E. I. PROJECT OVERVIEW A. Summary Modifications to the existing Development Agreement(DA)H-2022-0035 and Conditional Use Permit(CUP)H-2022-0072 to facilitate the construction of a 2392-7-9-unit multifamily affordable apartment project. This proposal strictly pertains to the residential component of the approved development plan. The applicant is also requesting alternative compliance for the to the open spaee an parking lot landscaping. B. Issues/Waivers The applicant is requesting alternative compliance for the following: • Removal of the parking lot islands under the covered parking internal to the parking lots. The applicant is requesting the following modification to the Development Agreement and CUP: • Modify the CUP to increase the building height to the height limited outlined in the Development Agreement . • Increase the number of units from two hundred thirteen(213)to two hundred thin seveL -nine(2392-7-3), an increase of twenty-six e (2664) additional units. C. Recommendation Staff. Approval of the proposed development. Planning and Zoning Commission: Denial City of Meridian I Department Report I. Project Overview A Decision On November 19,2024,Council approved the project with 239 residential units and conditions and exhibits in the staff report have been updated to reflect their decision. City of Meridian I Department Report I. Project Overview II. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Multi-family - Existing/Proposed Zoning C-G & VILA.2 Future Land Use Designation Mixed-Use Regional VII.A.3 Table 2:Process Facts Description Details Preapplication Meeting date Wednesday,May 8,2024 Neighborhood Meeting 4/22/2024;6 attendees Site posting date 8/23/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.H • Comments Received Yes - • Commission Action Required No - • Access E.Ustick Road/Centerpointe Way I - • Traffic Level of Service E.Ustick Road-Better than"E"/Centrepointe Way—N/A I - ITD Comments Received (Yes/No, Staff Report or Other IILI Meridian Fire Distance to Station:1.4 miles;Response Time: 3 minutes Meridian Police Distance to Station: 5 miles;Response Time: 4:30 minutes Meridian Public Works Wastewater Distance to Mainline: (Input Distance);Impacts or IILB Concerns: (yes/no) Meridian Public Works Water Distance to Mainline: (Input Distance);Impacts or IILB Concerns: (yes/no) School District(s) West Ada School District VEMW III.G • Capacity of Schools River Valley Elementary-600;Lewis and Clark Middle - School- 1,000;Centennial High School- 1,900 • Number of Students Enrolled River Valley Elementary-457;Lewis and Clark Middle - School-901;Centennial High School- 1,793 See City/Agency Comments and Conditions Section and public record for all department/agency comments received. City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:51105110111 Date Retrieved:2024/6/21 Parcel Count Parcel Acreage Infill Indicator: 1,078 Surrounding Area r 231 v 'l G to Not City 0 4& ® City Limits 2,701 1,223. ■ Not City Household Household& Population Growth Households 02020 Population Change:9.5°I° Population ■Growth (Household and Population Change since 2010 Decennial) 10,000 20,000 30,000 Use Types Residential Addresses All Addresses ■ Single-family 3196 29% 7% Multi-family 6 ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 0 200 400 600 0 500 1000 150C 2000 ■ Single-family Multi-family Figure 2:ACHD Summary Metrics 0 E. Ustick Road Existing Lanes © Planned Lanes Existing Level of Service Notable + Comments Q (Primary roadway impact) Programmed IFYP m Programmed CIP m City of Meridian I Department Report II. Community Metrics Figure 3: Service Impact Summary Ready Q O O O O O O O O Marginal Caution O O e exec \ooa �`tz o\``z �aAy a�y�� \\ aom a o� �� Q Qa�r `� L oc\ o � o\O F, � a �r �`ro Qa 0 2.00 1,500 Single-family H 01 1.50 41 Residential b 1,000 Parcel Diversity y 1.00 0.9F U 0Parcel Count 0.50 500 L + m `� Ave rage Acres 0.00 a a 0 a R-2 R-15 Average Single-family Density by Zoning Average 15.00 ResidentialDensity 11.30 Q 10.00 p 5.00 �4.15 �5.26 ���� 0.00 ' 1°2 Dwelling Units I Acre R-2 R-4 R-8 R-15 City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject site is designated Mixed-Use Regional(MU-R) on the future land use map and is part of a much larger area of MU-R along the Eagle Road corridor that includes The Village, Regency at River Valley apartments, as well as multiple other commercial users and a large undeveloped area. Specifically, within the MU-R area in this southwest corner of Eagle and Ustick, there is the Jackson Square development and commercial buildings to the south and on the hard corner to the northeast. The Comprehensive Plan discusses that projects should not contemplate uses across arterials even if they share the same future land use designation as it is not anticipated for users or residents to readily walk or bike across these transportation facilities. However, Staff finds it prudent to analyze all projects in this area with at least the four corners of development around the Ustick and Eagle intersection because, in reality, the transportation impacts and expected users will come from and go beyond just the southwest corner of this intersection. To the north are a number of big box stores (Kohl's, Dick's, and Hobby Lobby) and the new Brickyard vertically integrated development; to the north east is Lowe's and various other commercial and restaurant buildings; to the east is Trader Joe's, multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments, restaurant users, and the Village. In terms of the ratio of commercial to residential within this area, there is currently a healthy mix of commercial and residential uses within walking distance of each other. Staff finds the addition of the proposed multi family development limited to the number of units in the existing development agreement near the existing and proposed commercial development would offer residential to support the mix of commercial uses in this area. Therefore, Staff believes the proposed project as currently approved through the existing CUP is generally consistent with the MU-R designation because the subject MU-R area currently consists of a number of retail, restaurant, office, and residential uses available to the region and the addition of these units should not over saturate this area with residential. Table 4:Proiect Overview Description Details History H-2018-0121 (Villasport CUP,MDA);H-2022-0035 (MDA,DA Inst. #2022-079000);A-2023-0064(CZC,DES) Phasing Plan 1 Residential Units 279 Multi-family units Open Space 2.60 acres(113,266 s.£)required/2.40 acres(104,345 s.f.)of qualified open space proposed Amenities A total of 8 amenities has been proposed-See amenity exhibit in Section VII below. Physical Features None Acreage N/A Lots 1 Density 27.9 units per acre City of Meridian Department Report III. Staff Analysis Figure 4: Mixed Use Analysis by Land Use Area Designation Area: Mixed use Regional Date Retrieved: 20244 26 Land Use Area by Zoning Address Type Split - - - Districts 0.0% 50.0% 100.0% 1 Q Q% M C-C O C-G Zoning Variety Acres Annexed 0.0% 50.0% 100.0% Residential o is Address-Zoning Mix Non-residential 0.0% 50.0% 100.0% Address Use Types Residential Addresses All Addresses ■ Single-family 303 216 ® Multi-family 119 303 119 ® Commercial NNW City of Meridian I Department Report III. Staff Analysis B. History and Process The subject application encompasses one(1)parcel located south of E. Ustick Road. The parcel was part of a Development Agreement Modification and Conditional Use Permit(CUP) application in 2019 that removed the subject parcel from an existing Development Agreement (DA)for the purpose of entering into a new DA with a new conceptual plan and building elevations (H-2018-0121, DA Inst. #2019-060877) and a request for a new athletic club and spa (indoor recreation facility), Villasport. The CUP approval for the indoor recreation facility has since expired and the property was sold. The current CUP and DA (H-2022-0035 DA Inst#2022- 079000) was approved to construct a mixed-use development consisting of commercial space and a 215-unit multi family development in lieu of an athletic club/spa and commercial building. The proposed CUP and DA modification proposes a deed restricted affordable multi family development with 279 units. C. Site Development and Use Analysis The submitted conceptual site plan (Exhibit VILD) depicts five(5) multi family buildings with internal access. The multi family is split into three (3) 4-story buildings on the larger area of the site east of Centrepoint Way, one(1) 4-story building west of Centrepoint Way and one (1) 4- story building on the east side of Cajun Lane. The submitted landscape plan shows a 25 foot landscape buffer along the west and southern perimeter of the property. According to the specific use standards for multi family development(UDC 11-4-3-27), common open space may not be counted towards the required minimum when it is adjacent to arterials unless approved through the CUP process. Therefore, the proposed open space shown may not all be qualified open space if Planning and Zoning Commission and City Council do not approve it in its current location. This is concerning because if the Commission does not approve it, the proposed site plan and open space will be further diminished from complying with the minimum open space standards and revisions would likely be needed. The previously approved CUP and MDA: • Maximum of two hundred thirteen ftqy one(213-) units • Limited building height limited to three(3)stories • Met the intent of the open space requirements • Provided the following qualifying amenities: a clubhouse with a business lounge,plaza areas, a swimming pool, a fitness facility, an outdoor kitchen, a dog run, a micro path system, sports courts, and a bicycle repair room. All of the proposed amenities except the proposed dog run are located within the central open space area or part of the three (3) central buildings. The proposed amendment to the CUP and MDA: • Two hundred seventy-nine (279) units • Requesting four(4)stories and an increase in building height to 45 feet. • Does not meet the open space requirement(deficient by 8,940 sf). The applicant is asking for alternative compliance for qualified open space requirement stating the site is irregular, has a unique targeted demographic of an affordable housing community, has significant indoor and outdoor passive and active amenities and excellent connectivity to public parks within walking distance.Although the project is located less than one-mile from the Charles F.McDevitt Youth Sports Complex,Julius M. Kleiner Memorial Park and Champion Park; the residents would have to cross either Ustick Road, a residential arterial or Eagle Road, a State highway to access them. • Proposing the following qualifying amenities: a clubhouse with a fitness facility; children's play structure; dog park with a waste station;shaded picnic area with BBQ City of Meridian I Department Report III. Staff Analysis grills, tables, benches and landscaping;shaded plaza/courtyard with activity lawn; a micro path system, sports courts and a bicycle repair area. The sports courts and dog park are located near N. Cajun Lane. Based on the analysis, staff feels the applicant is proposing too many units for development to be compliant with the Comprehensive Plan and UDC requirements. Staff feels if the proposal loses the parallel parking stalls along the north property line and relocate the open space away from Ustick Road, an arterial, it would be a nice addition to the community. 1. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures on the site. The applicant will need to submit a Certificate of Zoning Compliance(CZC)and Design Review(DES) application for review and approval prior to building submittal. 2. Proposed Use Analysis (UDC 11-2): Staff finds the proposed use of multi family to be generally consistent with the MU-R designation because the subject MU-R area currently consists ofseveral retail, restaurant, office, and residential uses available to the region and the addition of these units would not over-saturate this area with residential. City Council approved the existing modification to the current development agreement(MDA DA Inst. #2022-079000) in July 2022 (H-2022- 0035) with a reduction in units from what was originally submitted. The applicant is proposing and additional sixty-four(64) units above the approved 215 units. The main points of discussion through the MDA process were regarding traffic,parking, and the proposed building heights. City Council required each "area"of the project to be self- parked so that residents would not have to cross any drive aisle or Centrepoint Way to get to their assigned parking space. Although buildings A, BI and B2 within the proposed development are not self-parked within their respective areas of the site, as shown in the table below, the proposal meets the parking requirement as outlined in UDC 11-3C. The applicant is requesting a modification to the existing DA to increase the number of units and increase the building height from three(3)stories to forty-five(45)feet in height instead of stories. Stafffeels in order to maintain cohesiveness with the surrounding area, the building height should remain as shown on the proposed concept plan below. 3. Dimensional Standards (UDC 11-2): The proposed development is required to comply with the dimensional standards listed in UDC Table 11-213-3 for the C-G zoning district and those within the specific use standards for Multi-family Development discussed above(UDC 11-4-3-27). The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, accesses, and required parking spaces. 4. Specific Use Standards (UDC 11-4-3): The applicant shall meet the requirements for Multi-Family (UDC 11-4-3-27). See section V. D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan 3.07.01A, UDC 11-3A-19): There are no existing structures on the site. The Comprehensive Plan require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices. The proposed multi- family residential development provides an appropriate transition between the retail/commercial/employment uses to the north and west and the single-family residences to the south and west. There will be a twenty-five(25)foot buffers between this project and the City of Meridian I Department Report III. Staff Analysis surrounding developments to the west and south. The sidewalk improvements to Ustick Road, Centrepoint Way and N. Cajun Lane provide much needed access improvements for the single-family residences to walk to the retail and commercial developments in the vicinity to the east. The buildings are set back over 100 feet from the boundaries with single family residential property,providing an even greater buffer between the proposed multi family use and the single-family residences. UDC requires the applicant to submit a Certificate of Zoning Compliance(CZC)and Design Review(DR) applications for review and approval prior to building submittal. 2. Qualified Open Space &Amenities (Comp Plan 2.02.00, Comp Plan 2.02.0IB, UDC 11-3G): Per UDC 11-3G-3, qualified open space is defined as active or passive open spaces. Any open space that is active or passive in its intended use,and accessible by all residents of the development, including,but not limited to: Open grassy area of at least five thousand(5,000) square feet in area; Community garden(s); natural waterways, open ditches, and laterals, protective buffers a minimum of ten(10) feet in width dedicated for active access along these natural open spaces count toward meeting the open space minimum requirements;plaza with a minimum dimension of twenty(20)feet in all directions and including hardscape, seating, lighting in conformance with the standards set forth in section 11-3A-I I and landscaping in conformance with the requirements set forth in Article 11-3B, Landscaping Requirements; or linear open space area that is at least twenty(20)feet and up to fifty(50)feet in width,has an access at each end, and is improved and landscaped as set forth in Article 11-3B, Landscaping Requirements. The proposed project will include 104,345 square feet of qualified open space which is 8,940 square feet less than required. The applicant is asking for alternative compliance for qualified open space requirement stating the site is irregular, has a unique targeted demographic of an affordable housing community, has significant indoor and outdoor passive and active amenities and excellent connectivity to public parks within walking distance. The project also includes an extensive network ofpedestrian oriented pathways including an outer loop around the entire project with internal connections to the various amenities for the project allowing for free movement ofpedestrians throughout the site. The Comprehensive Plan goal is for developments to plan for safe, attractive, and well- maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. The Comprehensive Plan's goal emphasizes the importance of safe, attractive, and well-maintained neighborhoods with ample open space and amenities. Reducing these elements, regardless of the parcel's shape or target demographic, contradicts the Plan's standards. Furthermore, the applicant is increasing the density of the site beyond what was previously approved, understanding they are also reducing open space.Adequate open space and amenities are fundamental to maintaining the vibrancy and functionality of a neighborhood. Adhering to the Comprehensive Plan ensures that developments contribute positively to the community and uphold the quality of life for its residents. It's important to recognize that proximity to parks and sports complexes doesn't fully address the need for accessible and usable open space within a neighborhood. Even though the project is less than a mile from Charles F. McDevitt Youth Sports Complex, Julius M. Kleiner Memorial Park, and Champion Park, residents would still face the challenge of crossing major arterial roads to reach these amenities. Pedestrian and bicycle crossing of these major roadways adversely affect signal performance and signal timing, and is one of the stated reasons for mixed use area analysis to not include areas bisected by major roadways. This can be a significant barrier,particularly for families with young children, elderly residents, or those without convenient transportation options. City of Meridian I Department Report III. Staff Analysis For the development to truly align with the Comprehensive Plan's goals, it should include sufficient open space and amenities within the project itself. This ensures that all residents have easy, safe access to recreational areas without the need to navigate busy roads, thereby enhancing the overall quality of life and community cohesion. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets The applicant is required to construct street buffers along Ustick Road, an arterial street, and along Centrepoint Way,a local street. In addition,per UDC 11-3B-8,at least 5 feet of landscaping is required along the perimeter of vehicle use areas(i.e. drive aisles) and landscaping is also required along the base of the multi-family building elevations facing any public street. The applicant is proposing a reduction of the 35'wide landscape buffer along Ustick Road—up to a 50%reduction (17.5), as allowed with the implementation of Water Conserving Design principles (UDC 11-3B-5.0). Staff has no objection to the applicant's request to provide a water conserving design for the street buffer along Ustick Road. ii. Parking lot landscaping Per UDC 11-313-8,the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots,and to improve the safety and comfort of pedestrians.A five-foot wide minimum landscape buffer adjacent to parking,loading, or other paved vehicular use areas. The applicant is proposing Alternative Compliance under UDC 11-3B-7.C.1.c to remove the parking lot islands beneath the covered parking areas within the development. Instead, the applicant plans to install solar carports, which will serve as a green infrastructure amenity by providing an alternative power source for the development and its residents. The solar carports will also fulfill the requirement for covered parking and help reduce the heat impact of the surface parking lot. According to the applicant, the removal of parking islands under the solar carports will enhance solar panel efficiency by improving daylight capture and reducing maintenance tasks such as clearing leaf debris and replacing plants or trees. Additionally, the solar carports are expected to offset utility costs for residents. The applicant also notes that despite the removal of these islands, the overall landscape buffer percentage will not decrease, as the buffer areas along the east side of Centrepoint Way exceed the city's code requirements. All uncovered parking areas will continue to comply with the requirements for parking lot islands. iii. Landscape buffers to adjoining uses Per UDC 11-313-9,a landscape buffer is required in the C-N,C-C,C-G, L-O,M-E, H-E, and I-L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. The single-family residential neighborhood to the south is screened with a twenty-five (25)foot landscape buffer. The single-family residential neighborhood to the west is likewise screened with a twenty-five(25)foot landscape buffer and further will be screened by an eight(8)foot masonry wall. Staff finds the proposed landscape buffer adjacent to the residential neighborhoods meets the requirements of the UDC and requires a detail of the masonry wall to be submitted for review with the CZC application. City of Meridian I Department Report III. Staff Analysis iv. Tree preservation N/A—There are no existing trees on the property. v. Storm integration Per UDC 11-3B-11,the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated,well designed stormwater filtration swales and other green stormwater facilities into required landscape areas,where topography and hydrologic features allow if part of the development. Development will be required to meet UDC 11-3B-11 for stormwater integration. vi. Pathway landscaping Landscaping for pathways shall meet the requirements outlined in UDC 11-3B-12. Staff finds the landscape plan shows the applicant meets the requirements of UDC 11-3B- 12 for pathway landscaping. 4. Parking (UDC 11-3C): Off-street parking for multi family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 279 units consisting of 1391-bedroom units, 105 2-bedroom units and 35 3-bedroom units. In addition, one(1)guest space for every 10 units is required. i. Residential parking analysis Based on the total number of units proposed and their bedroom count distribution, a minimum of 552 parking spaces, with a minimum of 279 of these spaces to be covered in a garage or by a carport. In addition to meeting the minimum off-street parking amount, the current Development Agreement City Council was not comfortable with the parking area west of Centrepoint Way and expressed a desire for all buildings to be self-parked within their respective areas of the site. The previous applicant provided documentation showing the buildings to be self-parked within their respective areas of the site. Although the buildings within the proposed development are not self-parked within their respective areas of the site, as shown in the table below, the proposal meets the parking requirement as outlined in UDC 11-3C. Area of Site Building Bedroom Count Required Parking Provided(including Parking per Unit (including guests) guests) (including guests) West of Cajun Ln&East of A-64 units 1 Bed—17 units 423.5(211 covered) 4D5(249 covered) 1.92(1.18 covered) Centrepoint Way 2 Bed—27 units 3 Bed—20 units B1-79 units 1 Bed—53 units 2 Bed—19 units 3 Bed—7 un its B2—68 units i Bed—41 units 2 Bed—19 units 3 Bed—8 un its East of Cajun Lane C-44 units 1 Bed—2D units 83(44 covered) 92(17 covered) 2.11(1 covered) 2 Bed—24 u nits 3 Bed—4 units West of Centrepoint Way D—24 units 1 Bed—8 units 46(24 covered) 54(25 covered) 2.25(1 04 covered) 2 Bed—16 units ii. Bicycle parking analysis A minimum of one(1)bicycle parking space is required for every twenty-five(25) vehicle parking spaces per UDC 11-3C-6G. City of Meridian I Department Report III. Staff Analysis Based on the five hundred seventy-eight(552) vehicle parking spaces, a minimum of twenty-two (22) bicycle parking spaces is required. The location of the bicycle racks has been depicted on the site and landscape plans. Staff finds the applicant meets the requirement for bicycle parking. An example of the bicycle rack will be required to be submitted with the CZC for review and approval. 5. Building Elevations (Comp Plan,Architectural Standards Manual): Administrative Design Review(DES)approval is required before building permit submittal for multi-family residential dwellings. The Applicant did not submit for DES approval concurrent with the subject CUP application so the submitted elevations will be fully analyzed with that future application. Further, an application for a Certificate of Zoning Compliance(CZC)will also be required to be submitted for this entire development before the building permit submission. Conceptual building elevations were submitted for the proposed multi family buildings as shown in Section VII.G. The applicant is requesting a design exception for the reduced articulation of the building facade and the omission of the masonry along the base of the building. This an administrative decision to be determined by the director. Final design will be required to comply with the design standards in the Architectural Standards Manual (ASM) and the recorded agreement unless otherwise waived by the Community Development Director through a design exception request. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11- 3A-7. No fencing is shown on the submitted plans except for the eight(8)foot privacy wall along the west boundary, as required by the Development Agreement. The applicant shall include an exhibit of the privacy wall for staff review with the future Certificate of Zoning Compliance(CZC) application. In addition, the applicant shall include any fencing proposed for the noted dog park and sports court area along the existing shared north-south private road N. Cajun Lane. E. Transportation Analysis The Ada County Highway District(ACHD)reviewed the submitted application and has determined they support the applicant's proposal to construct 5-foot wide detached concrete sidewalk abutting the site meets District policy and should be approved, as proposed. However, the sidewalk should be parallel to the roadway,as meandering sidewalks are discouraged under ACHD policy. The detached sidewalk should be located a minimum of 41-feet from the centerline of Ustick Road abutting the site. ACHD also supports the applicant's proposal to widen/reconstruct Centrepoint Way meets District policy and should be approved as proposed with the exception of the 23-foot street section which requires the construction of a 33-foot street section south of the driveways to the site's south property line. The lane configuration and striping at the intersection with Ustick Road should be consistent with Centrepoint Way on the north side of Ustick Road across from the site. The applicant will be responsible for the design and construction of any modifications to the existing signal at the Centrepoint Way/Ustick Road intersection. The applicant should be required to dedicate right-of-way to 2-feet behind back of sidewalk, or for detached sidewalk,the applicant can reduce the right-of-way to 2-feet behind back of curb and provide a permanent a permanent right-of-way easement that extends from the right-of-way line to 2-feet behind back of sidewalk. Sidewalk shall be located wholly within right-of-way or wholly within an easement. See diagram below. City of Meridian I Department Report III. Staff Analysis 40-FOOT STREET SECTION I I I —� BVGAINGR BV11pNGF ff� ffi 5iN W FEIXIISE� 1 I —Iv li A ` Ic yt �xJ L i4 Gf 33-FOOT STREET SECTION 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Per UDC 11-3A-3, the intent of these standards is to improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets unless waived by City Council. Access for this development is from Centrepoint Way via Ustick Road and N. Cajun Lane via Ustic Road. Both the shared drive aisle and public street are existing. The shared drive aisle connects from N. Cajun Lane (a private street) to the south up to Ustick Road. This drive aisle was required with the previous Villasport approvals and the Wadsworth site on the hard corner for cross-access and interconnectivity to and from Ustick Road. In addition, the Bienville Square plat depicts cross-access over Cajun Lane and out to Eagle Road furthering the previous anticipation that some traffic would flow through this area. N. Centrepoint Way is an existing local street that connects the Bienville Square Subdivision (Jackson Square) and this site to Ustick Road via a public road and is signalized at the intersection of Ustick Road and Centrepoint Way. Ustick Road is improved with 5-travel lanes, vertical curb and gutter abutting the site. A five (5)foot wide detached concrete sidewalk exists abutting the site on the west side of Centrepoint Way and no sidewalk abutting the site on the east side of Centrepoint Way. There is eighty-six (86) to one hundred twenty-two (122)feet of right-of-way for Ustick Road fifty (50) to eighty(80)feet from centerline). City of Meridian I Department Report III. Staff Analysis 2. Multiuse Pathways (UDC 11-3A-5): Multiuse pathways shall be constructed in accord with the city's comprehensive plan, the Meridian Pathways Master Plan, the Ada County Highway District Master Street Map and Roadways to Bikeways Master Plan. 3. Pathways (Comp Plan, UDC 11-3A-8): All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. The Applicant is proposing to construct the missing segment of sidewalk along Ustick Road with a 5-foot wide detached sidewalk, consistent with the UDC requirements. Further, the Applicant is proposing to continue the existing sidewalk along the east side of the shared drive aisle and install a new sidewalk along its west side. The Applicant is proposing 5-foot wide micro paths throughout the development including within linear open space along the western and southern boundaries. 4. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. Detached sidewalks are existing along both sides ofN. Centrepoint Way and one segment of the attached sidewalk is located along Ustick Road, west of Centrepoint Way; the remaining Ustick Road frontage does not have any existing sidewalk. The applicant is proposing a 5- foot wide detached sidewalk along Ustick Road and the shared drive aisle and is also proposing 5-foot wide micro pathways throughout the development. As noted above, the Applicant is proposing to construct the missing segment of sidewalk along Ustick Road with a 5-foot wide detached sidewalk, consistent with code requirements. Further, the Applicant is proposing to continue the existing sidewalk along the east side of the shared drive aisle and install a new sidewalk along its west side. The Applicant is proposing 5-foot wide micro paths throughout the development including within linear open space along the south boundary. Staff supports the proposed sidewalk and micro path network. In addition, Staff finds that safer pedestrian crossings can be installed consistent with UDC 11-3A-19B across many internal drive aisles that connect internal sidewalks to the perimeter sidewalks. Specifically,per UDC 11-3A-19B.4, the crossings should be constructed with a different material than the driving surface(i.e. brick,pavers, colored or stamped concrete, etc) and be located at any crossing from the main drive aisle connections to Centrepoint or the shared drive aisle on the east side of the site. 5. Private Streets (UDC 11-3F-4): There is an existing private street, N. Cajun Lane, that abuts the east side of the property. Improvements to the private road are required as part of this development. No new private streets are being proposed for this development. F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): Per UDC 11-3A-6,requires limiting the tiling and piping of natural waterways, including,but not limited to,ditches, canals,laterals, sloughs and drains where public safety is not a concern as well as improve,protect and incorporate creek corridors (Five Mile,Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all City of Meridian I Department Report III. Staff Analysis residential,commercial and industrial designs. When piping and fencing is proposed,the standards outlined in UDC 11-3A-6B shall apply. The Milk Lateral has previously been piped and there is a thirty(30)foot irrigation easement that goes through the property. 2. Pressurized Irrigation(UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments by the City's adopted standards, specifications, and ordinances. Design and construction shall follow best management practices as adopted by the City as outlined in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. 4. Utilities (Comp Plan, UDC 11-3A-21): 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.All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot(20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. G. Development Agreement The Applicant is requesting a modification to the existing Development Agreement [Inst. #2022- 079000 to include the following changes: B. OWNER/DEVELOPER has applied for a Modification of the egg Development Agreement(Instrument#2019-060877)for the purpose of updating the concept and a plan and provisions to construct a mixed-use development consisting of commercial space a-adaand a multi-family development in lieu of an athletic club/spa and commercial building on 11.17 acres in the C-G zoning district. The Meridian City Council approved Findings of Faet a-ad Geneltisiens of Law as set fet4h in the a4taehed " "the Modification and the Addendum to Development Agreement was recorded as Instrument #2022-079000 in Ada County Records. C. CITY, and OWNER/DEVELOPER now desire to amend said Development Agreement and Addendum to Development Agreement,which terms have been approved by the Meridian City Council in accordance with UDC section 11-513-4. 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2019-060877, except as specifically amended as follows: a. Future development of this site shall be substantially consistent with the submitted concept plan and color renderings ifiel aoa i Seeti,n N11 e attached to this Second Addendum as Exhibit A B and the provisions contained herein. City of Meridian I Department Report III. Staff Analysis b. Future development shall comply with the standards outline in the multi-family development specific use standards, UDC 11-4-3-27, except for any requests for Alternative Compliance approved by the City. c. All future pedestrian crossings that traverse shared drive aisles within the development shall be constructed with brick, pavers, stamped concrete, or colored concrete to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. d. The required landscape street buffers and multi-use pathway segment shall be constructed and vegetated with the first phase of development along E.Ustick Road and N.Eagle Road; the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first phase of development. e. Applicant shall work with ACHD to construct a safe pedestrian crossing from the multi- family site area to the parking lot along the west boundary across N. Centrepoint Way. f. With the future Conditional Use Permit for the multi-family development, the building heights shall a4eng the west betmdary shall not be mefe th not exceed two 45-feet in height and the three (3)buildings within the entre.of the p eet shall be no more thafi three—storms in eight, consistent with the Applicant's revised concept plan and presentation to Council. g. Applicant shall continue the masonry wall along the west property boundary consistent with adjacent development and to help buffer the proposed project. h. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no-parking on both sides, should ACHD allow it. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Development Agreement Modification: 1.1 The modified Development Agreement shall be signed by the property owner(sl and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The Development Agreement shall,at minimum,incorporate the following provisions: a. Future development of the Residential Parcel shall be generally consistent with the proposed site plan,landscape plans and conceptual building elevations included in Section VII-D and Vll-G and the provisions contained herein. b. Prior to building ermit issuance.the Owner and/or Developer shall provide the Citv a copy of the recorded income-restricted housing tax credit regulatory agreement with the Idaho Housing and Finance Association(IHFA)that restricts the rental rates on the units for a minimum of forty=(401years to ensure the units are affordable to individuals and families earning, averaged within the entire project,no more than 4KW eighty percent(680%)of the area median income. c. All future pedestrian crossings that traverse shared drive aisles within the development shall be constructed with brick,pavers, stamped concrete,or colored City of Meridian I Department Report III. City/Agency Comments &Conditions concrete to clearly delineate the driving surface from the pedestrian facilities.per UDC 11-3A-19B.4b. d. The required landscape street buffers and multi-use pathway segment shall be constructed and vegetated with the residential phase of development along E.Ustick Road:the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the residential phase of development. The required landscape street buffers and multi-use pathway along N. Eagle Road will be constructed and vegetated with the development of the Commercial Parcel. e. Applicant shall work with ACHD to construct a safe pedestrian crossing from the central multi-family site area to the parking lot along the west boundary across N. Centrepoint Wav f. The height of the buildings on the Residential Parcel shall not exceed two.three.or four stories as identified in the Development Agreement and shown for each building on the concept plan or as modified by City Council. The building heights shall be as follows: i. Building A and Building B1 —Not to exceed 4-stories and 48 feet in height excluding the parapet,with a flat roof. ii. Building B2 and Building C—Not to exceed 3-Stories and 38 feet, excluding the parapet,with a flat roof OR allow a variation in height from 30 feet up to 44 feet at the peak with a pitched roof. iii. Building D—Not to exceed 2-Stories with a pitched roof that varies in height from 20 feet up to 34 feet at the peak. The final height for each building shall be reviewed and approved with administrative design review. 1= Future development of the Residential Parcel shall comply with the standards outlined in the multi-family development specific use standards.UDC 11-4-3-27, except for any requests for Alternative Compliance approved by the City. h. Applicant shall continue the masonry wall along the west property boundary consistent with adjacent development and to help buffer the proposed project. i. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no-parking on both sides. should ACHD allow it. A shared access easement agreement shall be granted between the Commercial Parcel and the Residential Parcel allowing vehicular and pedestrian ingress and egress across both properties.A recorded copy of said easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. k. Prior to issuance of a Certificate of Zoning Compliance.Owner/Developer shall complete a property boundary adjustment between the Residential Parcel and Commercial Parcel so that no parking spaces are bifurcated by the boundary between the parcels. 1. Direct access onto E. Ustick Road and N. Eagle Road,other than via access approved by City Council,is prohibited as set forth in UDC 11-3H-4B. City of Meridian I Department Report III. City/Agency Comments &Conditions M. Applicant shall continue the masonry wall along the west property boundary consistent with adjacent development and to help buffer the proposed project. n. Upon development of the Commercial Parcel,the Owner/Developer shall be required to dedicate twelve(12)feet of right-of-way on Eagle Road to reconstruct the right turn lane to Seville Lane. o. Limit upper-story windows on west side of Building A and Building D to increase riprip vacv. p. Developer shall work with ACHD and the HOA to see if there is a suitable location for two additional speed bumps. 1.2 No Cross Default. The owner of each of the Residential Parcel and the Commercial Parcel shall be responsible for the terms of this Agreement and the Original Development Agreement as may be applicable to that owner's parcel. If the development of either the Commercial Parcel or the Residential Parcel is determined to not be in compliance with this Agreement or the Original Development Agreement, such non-compliance will not be imputed to the owner of the other property or constitute a violation of this Agreement or the Original Development Agreement for the non-violating parcel. 2. Conditional Use Permit: 2.1 The Applicant shall comply with all specific use standards for the proposed use of Multi-family Residential Development UDC 114-3-27). 2.2 The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES) approvals before submittingfor building permit within this development. 2.3 At the time of Certificate of Zoning Compliance submittal.the Applicant shall submit a recorded and legally binding document(s)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,per UDC 11-4-3- 27F standards. 2.4 Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3-7 for the C-G zoning district. 2.5 Off-street parking is required to be provided by the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 2.6 The Applicant shall work with Valley Regional Transit to ensure the transit stop shelter being proposed is appropriate for that location and if they are willing to maintain the area proposed. 2.7 The Applicant shall comply with all ACHD conditions of approval. 2.8 The Applicant shall comply with all ITDs conditions of approval,if any. 2.9 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. 2.10 A total of eight(8) amenities shall be installed as proposed by the applicant. 2.11 Provide a pressurized irrigation system consistent with the standards as outlined in UDC 11-3A-15,UDC 11-3B-6.and UDC 9-1-28. City of Meridian I Department Report 111. City/Agency Comments &Conditions 2.12 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 outlined in UDC 11-3B-14. 2.13 The Conditional Use Permit approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as outlined in UDC 11-513-617.1; or 2)obtain approval of a time extension as outlined in UDC 11-513-6F.4. 2.14 The Director has approved the Alternative Compliance Request to remove the landscape island underneath the covered carports per UDC 11-313-8. B. Meridian Public Works See public record(copy the link into a separate window) https://weblink.meridiancily.or lWebLink/Browse.aspx?id=356286&dbid=0&repo=MeridianCit X C. Meridian Fire Department A full fire plan review shall be completed prior to construction of the project. D. Meridian Park's Department See public record(copy the link into a separate browser) https://weblink.meridianciU.ore/WebLink/Browse.aspx?id=356286&dbid=0&repo=Meridian Cit X E. Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https://weblink.meridiancity.ore/WebLink/Browse.aspx?id=356286&dbid=0&repo=Meridia nCi F. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https://weblink.meridianciU.org/WebLink/Browse.aspx?id=356286&dbid=0&repo=Meridian Cit X G. West Ada School District(WASD) or Other District/School See public record(copy the link into a separate browser) https://weblink.meridiancily.orelWebLinkIBrowse.aspx?id=356286&dbid=0&repo=MeridianCit X H. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridianciU.or,g/WebLink/Browse.aspx?id=356286&dbid=0&repo=Meridian Cit X I. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridianciU.org/WebLink/Browse.aspx?id=356286&dbid=0&repo=Meridian Cit X IV. FINDINGS A. Alternative Compliance(UDC 11-513-5E) City of Meridian I Department Report IV. Findings B. Conditional Use(UDC 11-511-6E) V. Multi-Family Development Analysis A. Multi-family Development(UDC 11-4-3-2 Specific Use Standards: VI. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification and Conditional Use Permit per the conditions of approval included in Section III in accord accordance with Findings in Section IV. B. Commission: The Meridian Planning&Zoning Commission heard these items on September 5,2024.At the public hearing,the Commission moved to recommend denial of the subject Conditional Use Permit and Development Agreement modification requests. 1. Summary of Commission public hearing_ a. In favor:Nicolette Womack, Chase Huber,Brandon McDougald,Nock Stoppello, Brenda Jones b. In opposition: Steve Grant,Kristy Hein,Landon Johnson,Janet Bailey,Jeffrey Miller, Barry Holsinger, Doug Stern,Jared Schofield,Abisay Uretta,Ruth Dickinson, Carrie Gammon,Jeff Vrba,Elizabeth Gammon C. Commenting: Steve Grant,Kristy Hein,Landon Johnson,Janet Bailey,Jeffrey Miller, Barry Holsinger,Doug Stern,Jared Schofield,Abisay Uretta,Ruth Dickinson, Carrie Gammon, Jeff Vrba,Elizabeth Gammon d. Written testimony: Bruce and Kathy Dickinson,Callie Meye,Jackson Square HOA, Joseph Lemay, Kathleen Medley,Michelle Hodges, and Randall Adams were all against the proposed development e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony a. Density of the proposed project,height requested for the proposed buildings,traffic from the proposed project,cut through traffic on the private roads from the proposed development 3. Key issue(s)of discussion by Commission: a. Density of the project,height of the proposed buildings and increased traffic in the area 4. Commission change(s)to Staff recommendation: a. Denial of the project based on building height and density 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on October 15,and November 19,2024. At the public hearing,.the Council moved to approve the subiect Conditional Use Permit and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Deb Nelson representing the applicant b. In opposition: Doug Stern,Joseph Lemay,Bruce Dickinson,Jeff Vrba.Monda Holsinger, Steve Grant,Carrie Gammon,Jared Schofield,Barry Holsinger,Kathleen Medley City of Meridian I Department Report V. Multi-Family Development Analysis C. Commenting: Doug Stern,Joseph Lemav,Bruce Dickinson,Jeff Vrba.Monda Holsinger, Steve Grant, Carrie Gammon,Jared Schofield,Barry Holsinge d. Written testimony: Kathleen Medley(voicemaill e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Excess traffic.increase in the number of units,building height,increased traffic and speeding on the private roads, and irrigation water pressure for the proposed development. 3. Key issue(s)of discussion by City Council: a. Mitigation to slow traffic on Centrepoint Way and a couple of the private roads,design of the buildings to offer privacy to the homes close bv. 4. City Council change(s)to Commission recommendation. a. Approved VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend �N 91..; 111E�z Project Location Area of Impact `` `` •. -- L- 0 Analysis eAV numnm- [��rpp"�,���pp�FFY��771�6E" .'►'. m IPnel lnmw � n!li! m � c.fl a 9 dA RS�PY++ gll11!!!I a iii ui�� tar »Gd"� Asta°� ciar:�s 5 --� I +m a i� 8htl q�f�, RPM�•dq Q 3 `�,! �n a a aP �„t>P7 cr �r �4 at tG �YCwL"u Y+as p a��rt1rQ�C ti ee n�►a i��" a�w ��.og ear s _y mall ,B'T-, biz 4 a►lopl moor a YYQS�v:Y�rwAP �-r�'16�NC 1(t91Pw8 1 Y�eLif' .4 � a ire eaNAdll " l�. O, ♦ O®ro°- A a'IY+'S Ntlll! 41d . h e c Y a J" 'w AI&AO++i V.'aal�.u7 -, �'.is ailst.dx�aY�Oe aY'sy ` "s' + aea aaatla� a t!11old � a9Q-!g5�e fl��e ,y Y, H w�'anr,�Qs1:•nlsta sew 'S _ `�L" MEMO {� r a bY�a v84Ta'! Rh aQ de n+P §a to su P YePtteM�Ay+.p �� ` x y e .a ;Sir+s 3r an"a� ] tleaP°eo-��� —may �.i'YI�.1iDri7®217 CQ7Q iCL F°ink i 1 ��'� �! s NA�ti7 a'DOLPB., .d �'s1►♦ 1 yal.a' y y' . 7haeun m ne n►'���i�3.7s-�YYtY ui!lr�e ea yax�p m'/ifeYrr�',l4Lr�ii� s-,u+e � /� ��'����� ', � WON y City of Meridian Department Report VII. Exhibits .UIII .. .... �_Legend C=:,' Project Location IIIan. o � _ • of Impact _ No �I��Ii►-- Analysis ■� � USTICK nut ■�■�°--- ::Ino■�•� ♦ ? n Mon nI_ , —rIn mn •■.■► (� ■nrr/KIND 11"' •Inmlr —7a1�nni 1:■n.11/11111\ 0 nMo■■1::- (:IIIIIIIIIIIII nnsollm Ifi1111umn11 � nln�ilui;;; C , �• i n� _' .� 1��� ::� ■.P��� ■■. - �. IIIII� �D��♦,iC 11 ��VI\:.uo■. ■�-, , I —1111111111�. ' ���,� r��Q♦is� ■Illlnlln��YYu► ■� �%��rC ��IJ+' ♦i���p�Q��r n1 n11nn nla�\:■• •���� _�lnululu♦r ' •p •�1 nn uri..pIPI� n no\�1 ♦� � I I aum nnI►®_■_Mon♦* ♦♦�����•,�- . nmi: .r.nn6 �\�� ® �■111 um' •�� IIn111/�; s♦i■/■►�Oil Onr■:i ii:5 IIIIIIgi =�7� - . 1 ■IIIII :: :®s:'11111111• nldrnnlAiuu ■nn►�/uuul\=■ulllll■■. i L ���� t; 111111■111■IYYMbr�111111■1\� \n1■1111 1.11111■:♦�/\\IIIII■:��/li■.r,+ I/A — """" ,: ■■n/..1■�f\ \tea. ♦ ,G� :�\�� ./ ■■a■■a ■it i■ii:b♦ ♦������ UIII I:i==11i �� ��'��. R♦• ♦ ' �� fi■rt■.p �nnunn�■ ♦ /i p W t � ■u■� ■innon��nnnnngp ■►� ■• Do has Legend �nuunnnm ■a'.i...,I I 1'j I'I,,. Ia 7■�nenunnun hm mm��nII11Gm u■CI� ' ■■��� -O pmm�noon ` 1 �..\ .... I111..Project Locatio 1 PII/I� nm■��- Area of Impact off ���� I�•q. onnwwuu Analysi :��►I�Ii/� •��.♦yam --- -- -NI .� .�■■.��► A■��j�V■nn�►inr of/nlnnlpllp=_ II■ [I► Nos go an - � n nr���rnn■� ��.' aq/:a W n11 /AP■♦��j•1i iiiiii:��nnmi •�/ IC■■■i ■■O►. ■/II�����■ OIIr�'_ IIIII i ■m� � �v �uOq�■■■. nnr�.� IN Nall���■ate O I�1 f�"`�-�^-r� IInaD�(�IIIIII - ► 11 li IIIIIIIIIIh...e..Al..l.�l...w IIIIIIIII. _m a■ t1Ol Illl lj IP: r-npp �► �' __— •_ n nnn B� ■1= - :m Inn_ :�I =Sun_nnll 'moo-I ��n1 Inn alll_3; C:I u.•► IZ nnn111111 m m ��n�Imm�nl■-, 1�1111 Nall -------- N ■nnn 1. I IIII I .iii'ii, 11111111111 ...... Ifi1111umn111 ° IIII■Mom�-Ip ■°_�` (7 I�i■nr ::.Illgpnq p n111npiil Moir — Q -_7 OIIII► IIIII� Mo !L on Low no. ■oo W �nnn..Mon■■♦�ter; a .ml ♦�i�i�� ��:1::. _■ Moon, e - e p ■111 alnn G�pC�p■IIIIIII a ► I■ �� ■ 11111111 i ♦ � ♦ IIIIIII. \�7� Illlllllli ismom ��IIIn1111 �•nn1lll ni'u:tp in,♦1 nnn......no►r/unnn■� ■nviau:►A ►tea. ► „1'1111�: : I�ii �'•��.n:::::Mom:. � ♦�♦♦III._ ► �1 �..r■■AIL■i..■■■.R♦•♦y i•���iuml:i■Ii1■ � ■`•..• ♦♦ ►�f♦ U'A�IVrYJ91LG2 3:J u.fiort..� Inunnn:■ ♦� y ll ■■��� I■■■nnn ran■n■IIIII/�■■ice:••+� �111 ;�i 1■:qp�C O� mmnnuti7::nnn�::r■Yr♦��i ♦ ■n11►runnnn n n::o..■. ..\I►.�•/■ II'11���, Ia o6nnnnn lun nnnnm�d►m mom►►�i11odL�6,II Moil p�� m u Inunr/pI 4. Planned Development Map Legend Project Location _____ :® Area of Impact -T= City Limits r Planned Parcels OAnalysis �® pua-El JQ I 1 1 1 wok - _ ---- 1 I City of Meridian I Department Report VII. Exhibits B. Subject Site Photos 't� :. _ is ,� �-- •' �_ _ �.Ti 7 �I?u T.1 � � •I yi. a �.. �• q '- 3gi 77s ri OR er �', Q � � �, � �•�" 4.��'� I 1. Sir. :* '�. .... ��- Ir�`I�r Ar y} ' �'irk �� �i'� ► � ihMcl.,�L.xibr xi�ra ._tea.�..y_M .. .�� 1 M ..- Tr 1� f, 4� L � F�L I�Yk �I u 5 City of Meridian Department Report VII. Exhibits City of Meridian Department Report VII. Exhibits C. Service Accessibility Report PARCEL S1105110111 SERVICE ACCESSIBILITY Overall Scare: 37 82nd Percentile Description Location In City Limits EW Extension Sewer Trunkshed mains r 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 Df current or future transit route RED Arterial Road Buildout Status Ultimate configuration of lanes in master streets GREEN plan) matches existing ( of lanes) School Walking Proximity Within 112 mile walking 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) Either a Regional Park within 1 mile OR a Community ParkWalkability Park within 112 mile OR Neighborhood Park within $GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits A Proposed Site Plan (date: 9/26/2024) SrtE INiO0.rLllip3 - - T I �-- IJj IJ utEHo I 5 x. `f If I SITE PLAN-CENTREPOINT Eagle&Usutk N[ridian.ID t— •26,7014 Ku key*Hom Proposed Site Plan (date: 8/29/2024) SIIE INFORlMT1ON „---- ice', pa l�cENow� FMTM l I 1 SITE PLAN-CENTREPOINT m , Eagle&Urtick Meridian,ID Aug—t 29,202 Kimley AHorn City of Meridian I Department Report VII. Exhibits H-2022-0072 Centrepoint Apartments CUP Approved Site Plan (date: 8/30/2022) SITE iN W I—TIQn it LEGEND CONCEPT SITE PLAN-CENTREPOINT Ease L Ufd&MerML-.ID opus[ ICunley�Hom City of Meridian I Department Report VII. Exhibits E. Landscape Plan (date: 9/26/2024 O o� O WPM— — - -------------------- -r-------- ••�eacara.sulxwanrra. - -- I I �DEVCO CENTREPOINT HOUSING-CONCEPTUAL LANDSCAPE PLAN Eagle&Ustitk Meridian,IU September 26,2024 Kimky MOM TTT - 3 _ OEVCO-CENTREPOINT HOUSING-CONCEPTUAL LANDSCAPE PLAN RENDERING Eagle S Ustick Meridian,IG ear 25202� Kimley))Horn City of Meridian I Department Report VII. Exhibits Landscape Plan(date: 7/18/2024) y,a ° k. g �DEVCO-�CENTREPOINT HOUSING-PCONCEPTUAL LANDSCAPE PLAN Engle&Uaelck Meridian,ID July 18,2D24 Kimley»Horn TTT - - - 1 f �I .I � h DEVCO-CENTREPOINT HOUSING-CONCEPTUAL LANDSCAPE PLAN RENDERING Eagle 8 Uaeick Meridian,ID July 18,282I Kimley)»Horn City of Meridian I Department Report VII. Exhibits F. Qualified Open Space Exhibit(date: 9/26/2024) 3. _ Eienocxo,R €SiE OPEN SPACE REQUIREMENTS uYrrw qq Iih� � i � m..ae,wauaarra�mPB1ENE616.�on fYiiilC adM PT i � � ue.uaMmu,�e.ur DEVCO-CENTREPOINT HOUSING-SCHEMATIC OPEN SPACE PLAN � y y Eagle 9,Ustwk Meridian,ID September 25,2 4 Kimley»Horn Qualified Open Space Exhibit(date: 8/29/2024) _ OPEN SPA[E REONfiCAIENTS o-=- - -` ----------------------- -- REQUIREMENTS rS M II MU—JUMEPIUN —11ia-n G I DEVCO-CENTREPOINT HOUSING-SCHEMATIC OPEN SPACE PLAN Eagle&Uakl Meridian,ID Aug..29,2U24 Kimley»Horn City of Meridian I Department Report VII. Exhibits 0 � GI I � Ill ■ ■I Ll ® 0 ■ ■ 13 E I ■ E md M66- _ Ali ®�BUILDING A ELEVATIONSD- DEVCO ■ 0 _ 11 : 11 I■ : _ ■ ■ C 0 11 1, 11 til ■ ® ■ ■ 1 n 11 LLJ 1 r 1 ■ m ' 11 = 1 ■ m ■ 91 ■II 11 1f ■ r �: III ■ 0 - I■ 111 f■I 11 ■ :1 ELEVATIONSBUILDINGS BVB2 f. o - : nl l : nl :111 11 11 M1■I ■ ■ ■ 1 ■ © : ■ i � - © : � - 1• ■ - ® �,� ■ ■ „! 11 : � :1 lI 11 I 1 1■0 ■ i ■_ - ■ o ■ _ i I _, F11 Irl in ,_ Al IN ■ ' ..R 0 s„ 1110 ® '• w ■ a ■ CI ■ III 1n ! 0 looms Immom ■ Is ■ 11 ■ ' ® 1■ ! IVY 1l'N I ■ ■ ! ■ ® 11! ■ •.: �_ . BUILDINGS 13111132 ELEVATIONS WITH COMMUNITY D- DEVCO 0 i 1 7 0 El ® Ll 0 ■ „J Ili ■ -pp o EmIri ■ . ' � � i� d L'� •96 � is ® � 9I 1� ICI i � �0 ■ 3 ■ ' "in D- DEVCO B1 A 1�1 Rllll e — --- - = n- ---= ------- to r n -- - - o - EASTM' FZEVRTIGN ----�• FIGRRVSOIfiFi ELEVATION ----� pJflq BUILDING D ELEVATIONS Deno-Centrepoint Housing • • BII I—HG HEIGHT COMPARISON -- _�—___—____—___—____—____—___—____ 4 QII ` H -� LlH e n � e 1 , ' PNEVIGGSLY APPNOVEG ELEVATION HEIGHT PROP03EGELEV►TI011 HEIGHT S1 1 1 we 62 a� (E"P3N 52-CENIREPOIlf�WAY Z➢E LESLIE DR -- - -- -- - -- -- -- G-PAfV HTW GENTFiEPgIJr WAY f], A.05 I BUILDING SECTIONS Devoo-Centrepoint Housing • • City of Meridian I Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for The Gateway at 10 Mile (H-2024- 0010) by KM Engineering, LLP., located at NE corner of W. Franklin and N. Ten Mile Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI �N,, AND DECISION& ORDER In the Matter of the Request for Preliminary Plat(PP) consisting of 31 building lots and three (3) common lots on 38.99 acres of land in the C-G and R-40 zoning districts AND Conditional Use Permit for a Multi-family Development consisting of 390 Residential Dwelling Units in the R-40 Zoning District, by KM Engineering,LLP. Case No(s). H-2024-0010 For the City Council Hearing Date of: November 19, 2024 (Findings on December 3,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 19,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 19,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 19, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 19, 2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE GATEWAY AT TEN MILE-PP CUP H-2024-0010 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 19, 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 preliminary plat and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 19, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE GATEWAY AT TEN MILE-PP CUP H-2024-0010 -2- 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). E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 19,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE GATEWAY AT TEN MILE-PP CUP H-2024-0010 -3- 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 Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR THE GATEWAY AT TEN MILE-PP CUP H-2024-0010 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING November 19,2024 Legend DATE: Project Location -` TO: Mayor&City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 ---^-- SUBJECT: The Gateway at Ten Mile PP, CUP H-2024-0010 LOCATION: NEC of W. Franklin Rd. &N. Ten Mile - Rd., in the West %of the SW 1/4 of Section 11,Township 3N.,Range 1W. ( � _ (Parcel: S1211336065) owrll I. PROJECT DESCRIPTION Preliminary plat(PP)consisting of 31 buildable lots and 3 common lots on 38.99+/-acres of land zoned C-G and R-40 for The Gateway at Ten Mile; and a Conditional use permit(CUP) for a multi-family development containing a total of 390 residential dwelling units in the R-40 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 38.99-acres(plat boundary) Future Land Use Designation Mixed Use—Commercial(MU-COM)with a small area of Civic in the Ten Mile Interchange Specific Area Plan (TMISAP) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial,multi-family development Current Zoning General Retail and Service Commerical District(C-G)& High-Density Residential(R-40) Proposed Zoning NA Lots(#and type;bldg/common) 31 buildable lots/3 common lots Phasing plan(#of phases) A Phasing Plan was not submitted Number of Residential Units(type 390 units(200 one-bedroom, 174 two-bedroom,and 16 three- of units) bedroom units) Page 1 Density(gross&net 10(gross)units/acre Open Space(acres,total[%]/ 4.44 acres buffer/qualified) Amenities A clubhouse with a swimming pool,fitness center,pickleball court,two 5,000 square foot open space areas,a dog park,and bike repair shop. Physical Features(waterways, The Ten Mile Creek bisects a small portion of the southwest hazards,flood plain,hillside) corner of the lot. Neighborhood meeting date;#of February 21,2024;no attendees other than the Applicant attendees: History(previous approvals) H-2020-0046(DA Inst.#2021-082775—Gateway at 10 Mile) B. Community Metrics Description Details Page Ada County Highway See Link to the Staff Report in Section IX below. District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed via W.Franklin Rd.,N. Ten Mile Rd.as shown on (Arterial/Collectors/State the plat. Hwy/Local)(Existing and Proposed) Traffic Level of Service W.Franklin Rd.—better than"E"/existing plus project`; S.Ten Mile Rd.—"F"(acceptable level of service is"E") Stub There is a stub street on the east boundary of this site(W.Fred Street) Street/Interconnectivity/ that is extended to the west then runs north through this site. Cross Access Existing Road Network There are no existing internal roadways within the site;W.Franklin Rd. and N.Ten Mile Rd. are existing arterial streets that border the site along the south and west boundaries. Existing Arterial Curb,gutter and a 7-foot wide attached asphalt path exists along N. Ten Sidewalks/Buffers Mile Rd. Curb,gutter and a 7-foot wide attached(near the intersection) and 5-foot wide detached(outside of the influence area of the intersection)concrete sidewalk exists along W.Franklin Rd.No buffers exist on this site along either roadway. Proposed Road There are no roadways,bridges or intersections in the general vicinity Improvements that are in the IFYWP or the CIP. Fire Service • Distance to Fire 2 miles from Station#2 Station • Fire Response Time Within 5-minute response time goal • Resource Reliability 74%(goal is 80%or greater) • Risk Identification 4—current resources would not be adequate to supply service to this proj ect. Page 2 Description Details Page • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time needs frame if a truck company is required. • Water Supply Will vary depending on building size and occupancy types. • Other Police Service See Section IX.D West Ada School District • Distance(elem,ins,hs) West Ada School District has experienced significant and sustained growth in student enrollment dur years.Based on current enrollment data specific to the area surrounding this proposed development development consisting of 0 single-family units and 390 multi-family units could house approximately • Capacity of Schools children.Approval of this application will affect enrollments at the following schools in West Ada Sch • #of Students Enrolled Enrollment Ca ac' Chaparral Elementary School S43 700 Meridian Middle School 955 1250 Meridian High School 170 2075 • Predicted#of students 51 school-aged children generated from proposed development Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer ERU's See Application • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions in Section IX.B Water • Distance to Water Services Water available at site • Pressure Zone 2 • Estimated Project Water ERU's See application • Water Quality None • Project Consistent with Water Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B Page 3 1 1 � _..PINE........_,,,;-,:: PINE 1 ..,.;: :411"III ::__ VJr ' ..,,,-•n.-: W� . '125 noun • � B'- �• �� _ • • • - ■• 'Rio- `; \ &= -.�; AI �II,, ■111. - f =JA r TIN • � - • IIIIIIIIIIIII '' y`' � a��o. � . a IIIIIIIIIIIII oi ., 1 _� . 1 •1 1 • 1 � . , TNF - - •ice 4�i•, ` •. :_4..�����:::.'a: 7 `/ - Ir ■1�.. :;III„ ,,1� I. ��f, _ -•"�"4�*�1� tie ■ a•� n■•r. ,W.M. ���� IIIIIIII — _ ju � C�--C`Jd� �IIIIII IIIIIIII - �': I���il���l`��IIIIIIII IIIIIIIIII • as C • C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2024 10/20/2024 Radius notification mailed to properties within 500 feet 9/13/2024 10/17/2024 Public hearing notice sign posted 9/16/2024 10/15/2024 on site Nextdoor posting 9/12/2024 10/16/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLA : LAND USE: The property is designated Mixed-Commercial(MU-COM) and Civic on the Future Land Use Map(FLUM)in the Comprehensive Plan. This property is located within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for more information). Mixed-use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed-use areas are anticipated to have 3 or more significant income-producing uses(i.e. retail, office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan(pgs. 3-7 & 3-8). The site is proposed to develop 17 commercial lots with uses that may include retail,restaurants,personal and professional services, and office uses as shown on the site plan in Section VIII.H. Additionally,the Applicant has provided plaza and seating areas in the commercial areas that will be easily accessible and approachable to residents and patrons (refer to figures below). }fI &f11o5FUiN6 MAP rO51f I o 1 fr a1AIA,�l rrteww..anfan ercx fenwo e¢errca rxmP++��•.o*• r � f Page 5 The multi-family complex consists of six four-story interior corridor-style buildings and five three-story townhome-style buildings,all featuring flat roofs and contemporary finishes(200 1-bedroom, 174 2- bedroom units, and 16 three-bedroom units). Additionally, amenities include a clubhouse, swimming pool, fitness center,pickleball court,three 5,000 square foot open spaces, a dog park, and a bike repair station located within the central open space. The proposed development encompasses a total of 390 residential units and 17 commercial lots on the overall site. Bicycle and pedestrian connections with decorative street crossings are integrated throughout the site, allowing residents of the multi-family portion of the development and visitors to travel within both the commercial and residential areas, as shown in Section VIII, Exhibit D. Staff finds the mix of income-producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: W. Franklin Rd. and N. Ten Mile Rd. are existing 5-lane arterial streets that run along the south and west boundaries of the site and are fully built out. S. Wayfinder Avenue and W. Fred Smith Street are proposed to be extended as collector streets from W. Franklin Road at the southeast corner and off-site along the eastern boundary of the site consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The Transportation System Map depicts the Ten Mile intersection with Wayfinder Avenue as a full access. The Street Section Map depicts this segment of Wayfinder as Street Section E,which is a towncenter collector street per the Transportation System Map. Buildings on such streets are built to the sidewalk and tree-wells are required. The pedestrian experience is enhanced with 12-foot sidewalks, street trees inwells, and pedestrian scale lighting. Ample on-street diagonal parking supports the businesses within the Lifestyle Center and in Mix Use Commercial area. This section may be modified to allow parallel parking as a local section in these areas. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. NAM t 4m# A m mr I no- W M Pang i Slrae[ Section E j ����� j I i Design: Conceptual building elevations were submitted for the multi-family residential structures and the associated clubhouse. The design of the proposed multi-family structures appears to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-082775,provision#5.1j). The commercial portion of the development should incorporate similar design elements,colors and materials as the residential portion of the development. Page 6 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) A variety of multi family housing is proposed in this development consisting of interior corridor-style buildings and townhome-style buildings, allfeaturingflat roofs and contemporary finishes, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. The West Ada School shows capacity at area schools below capacity currently serving this area. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the south at the intersection of Vanguard/Wayfinder to serve this area—other transit stops may be added in the future. Transit services are available to serve this site via Route 40. Lots 4 and 5, Block I align with the future land use map designation of"Civic"and have been preserved to comply with DA Provision 5.1.d. Currently, Valley Regional Transit does not have any specific plans for a transit center in this location. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine, play,and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and commercial with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development;encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) This property is an enclave currently annexed into the City and surrounded by other annexed land. The development of this property will maximize public services. • "Improve and protect creeks and other natural waterways throughout commercial, industrial and residential areas."(4.05.01D) The Ten Mile Creek runs through the site's southwest corner and is proposed to be preserved as a natural amenity on Lot 10, Block 3. The Applicant should protect and enhance Ten Mile Creek by adding planters with trees, shrubs, and boulders to match the landscaping Brighton installed around the creek across the street. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the area od City impact."(6.01.0313). A Collector street(Wayfinder Avenue) is proposed along the eastern boundary of the site, intersecting with the proposed continuation of W. Fred Street(local street) running west, consistent with the Page 7 MSM. • Provide housing options close to employment and shopping centers". (3.07.02D) This project is proposed as a mixed-use development, offering both residential and employment opportunities within the same area. Additionally, the area immediately south of the subject site, in the Ten Mile Center Subdivision, is filled with commercial and employment development. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above and is consistent with the approved Development Agreement. VI. STAFF ANALYSIS A. PRELIMINARY PLAT A preliminary plat(PP)consisting of 31 buildable lots on 38.99+/-acres of land in the C-G and R-40 zoning districts is proposed for The Gateway at 10 Mile (see Section VIII.A). The Applicant has not yet submitted a phasing plan. Staff recommends that the Applicant provide,or be prepared to discuss a phasing plan at the public hearing. Additionally,the development agreement requires the Applicant to connect to W. Fred Smith Street from the east. Staff recommends that the plat illustrates the connection from the east. Existing Structures/Site Improvements: There are no existing structures on this site. Curb, gutter, and a 7-foot wide attached sidewalk exist along N. Ten Mile Rd. Curb, gutter, and 7-foot wide attached and 5-foot detached sidewalk exist along W. Franklin Rd. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-G zoning district. In the R-40 district,residential buildings shall provide a minimum setback of ten(10)feet unless a greater setback is otherwise required per Building Code. In the C-G district,there are no minimum setback requirements; however, future buildings may not encroach within required street buffers and residential structures must have a minimum 20-foot separation between structures per Building Code. Access(UDC 11-3A-31: Access is proposed via three roads: W. Franklin Rd., a commercial arterial;N. Ten Mile Rd.,a residential mobility arterial; and the future extension of N. Wayfinder Avenue,a towncenter collector street designated as N. Innovation Lane on the plat. However,the Applicant inaccurately labeled the collector street as S. Innovation Lane on the plat,whereas S. Innovation Lane is located farther west across Franklin Road and functions as a local street. South Wayfinder Avenue lines up directly to the development's south across Franklin Road. Staff recommends that the Applicant correct the name of the future collector street on the plat. Two (2)access driveways are proposed via W.Franklin Rd.—one(1)right-in/right-out only(Private Street A), 565-feet east of Ten Mile Rd. and one(1)full-access, east of Ten Mile Rd. (Wayfinder Avenue -future collector to be built). Upon dedication of the required right of way by third parties,the Applicant shall construct half plus twelve feet of the future collector street adjacent to the property's southeast corner, as shown on the preliminary plat The City supports the additional access to Franklin Road because the completion of the collector roadway is contingent upon the owners of the adjacent properties to the southeast(parcels S1211336300&S1211336401) ACHD has approved the full access for the future collector to be built as a full access and the right-in/right-out only as proposed Page 8 with Private Street A. Staff recommends depicting Private Street A as a drive aisle on the plat because it does not meet the private street standards outlined in UDC 11-3F-4. Two (2) access driveways are proposed via S. Ten Mile Rd.—two(2)full-accesses, 825-feet north of Franklin Rd. (Public Street B) and one (1) 1,330-feet north of Franklin Rd. (Public Street A). Where access to a local street is available, the Applicant shall reconfigure the site circulation plan to take access from the local street (Public Street Q in accordance with UDC 11-3A-3. Staff recommends removing the access for Public Street B on Ten Mile Road from the plat limiting the number of access points on a busy arterial street near an intersection per UDC 11-3A-3. The proposed commercial lots can take access from Public Street C. The following existing driveways are to be closed per ACHD's conditions of approval: Close the existing driveway onto Franklin Road located 712-feet east of Ten Mile Road with vertical curb, gutter, a 5-foot wide planter strip and 5-foot wide detached concrete sidewalk to tie into the existing improvements on either side, as proposed. Close the three existing driveways onto Ten Mile Road located 260, 610 and 970-feet north of Franklin Road with vertical curb, gutter and 7-foot wide attached concrete sidewalk to tie into the existing improvements on either side. Other than the accesses specifically approved with this application,direct lot access is prohibited to Franklin Road and Ten Mile Road and should be noted on the final plat(refer to figure below). Staff is supportive of the construction of a continuous local commercial street extending from Ten Mile R4ed thrOUgh the site tp the$pVthe0st prgperty ling (highlighted in red)and the proposed rlghl-irvrlght-out only drlveway-onto Franklin Road (highlighted in orange). The proposed Idcal street access to Ten Mile Road.Site Acoess B.located 505-feet south of the proposed local street, Street A. ,w,4 should not he �a approved as proposed, as it t : t does not meet Local Street Intersection ® y• r Spacing on M inor Arterials which requires a ' u minimum offset nneee t of 660•feet from any other 4 RIVATE I roadways, is not i r� M DRIVE needed to serve I P r AISLES the site and this & site will have _ r access to the s signalized intersection of 3ehek Amara nklin I Road via Fred — Smith street. y = See Findings W. on page 17 For ;. i 11 ArFI HOER AVEHLIE - the requirements ,.. w a_ -ems_ regarding Street 6, a proposed R IRO o NLY scree and fecal DRIVEWAY the proposed cut- = de-sac al the terminus of �Y -� r—fir - _ 7-1 Street A. A Fire Protection Access/Phasing plan was not submitted with this application,which is included in the Fire Dept. comments in Section IX.C. Page 9 Based on ACHD's traffic counts,with development of this property Franklin Rd.will still operate at an acceptable level of service (i.e. "E") but Ten Mile Rd.will not("F").An acceptable level of service is "E" (refer to below). 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 Franklin Road between Ten Mile Road and 724-feet Principal Arterial 925 Better than "E" Wayfinder Avenue Ten Mile road between Site Access A and 1,486-feet Minor Arterial 1,555 Franklin Road *Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH). • Acceptable level of service for a seven-lane principal arterial is "E" (2,720 VPH). *Acceptable level of service for a five-lane minor arterial is "E" (1,540 VPH). Road Improvements: Ten Mile Rd. and Franklin Rd. are fully improved with 5-lanes; road widening is not required. The Applicant proposes extending W. Fred Smith Street from east to west,then turning into Public Street C heading north. The Applicant should connect into Fred Smith Street from the east and construct Street C and Fred Smith Street as a 36 foot wide local commercial street sections with 2- travel lanes,parking on both sides of the roadway, vertical curb,gutter, and bulb-outs at intersections and pedestrian crossings with an 8 foot planter strip and 10 foot wide multi-use pathways on both sides of the roadway. The Applicant proposes constructing Public Street A to run east-west along the northwest portion of this site, ending at the southwest corner of the proposed future Civic site, as required by the Development Agreement(#2021-082775). The Applicant should construct Street A between Ten Mile Road and Street C as a 36 foot wide street section with 2-travel lanes,, vertical curb,gutter, an 8-foot wide landscape strip, and 10 foot wide detached concrete sidewalk. The Applicant proposes to construct a portion of Wayfinder Avenue to the site's east property line. The Applicant should construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue with a minimum of a 50 foot paved turning radius in accordance with ACHD's conditions of approval. The Applicant should construct the following turn lanes in accordance with ACHD's conditions of approval: Construct a dedicated westbound right-turn lane on Franklin Road, as proposed, when Site Access C, a driveway, is constructed to intersect Franklin Road located 565-feet east of Ten Mile Road. Coordinate the design of the turn lane with ACHD's Development Review staff. Construct a dedicated northbound right-turn lane, on Ten Mile Road, when Site Access A, a local street is constructed to intersect Ten Mile Road located 1,330-feet north of Franklin Road. Coordinate the design of the turn lane with ACHD's Development Review staff. Page 10 As noted above, City Staff recommends that the center access be removed from the plan,unless otherwise approved by City Council. Pathways(UDC 11-3A-8) & Sidewalks(UDC 11-3A-17): There are no multi-use pathways depicted on the Pathways Master Plan for this site. Walkways are proposed throughout the site for pedestrian access and interconnectivity. A 7-foot wide attached sidewalk exists along Franklin Rd. abutting the site within the influence area of the intersection transitioning to a 5-foot wide detached sidewalk for the remaining site frontage.A 7-foot wide attached sidewalk exists along N.Ten Mile Rd.,which should be a minimum 6-foot wide detached sidewalk, separated from the curb by a minimum 8-foot wide tree lawn/parkway, consistent with Street Section A in the TMISAP(see pg.3-20).A 10-foot wide pathway is preferred along Franklin Rd. and Ten Mile Rd.based on ACHD's adopted Livable Streets Performance Measures but not required. Staff is not requiring the Applicant to replace the existing 7-foot wide attached sidewalks and 5-foot wide detached sidewalk that run along both arterials. The Applicant is proposing what appears to be 6-foot wide sidewalks along both sides of W. Fred Smith Street and Public Street C. Staff recommends that the Applicant construct 10 foot wide detached pathways along both sides of these streets in accordance with ACHD's adopted Livable Street Performance Measures and UDC 11-3A-5. West Ada School District(WASD) recommends the addition of a micro-path from the plaza area between Street A and Street B to the sidewalk along Ten Mile Road. This location would be a prime location for a bus stop. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-3 for the C-G zoning district based on the street classification and planted in accord with the standards listed in UDC 11-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping,included in Section VIII.B. Required street buffer widths are as follows: 25-feet along W. Franklin Rd., an arterial street; 25-feet along N. Ten Mile Rd., an arterial street; 20-feet along N. Wayfinder Avenue, a collector street; and . The street buffers along W. Franklin Rd.,N. Ten Mile Road, and the portion along N. Wayfinder Ave. east of the driveway access nearest the intersection appear to meet the minimum width standard. Multiple common lots for the street buffers are depicted on the plat and they should be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. The number of trees proposed in buffers meets the minimum standard required by UDC 11-3B-7; however,the TMISAP requires an enhanced street buffer to align with the TM Center Subdivision directly to the south. (refer to figure below). Furthermore, Staff finds that the Applicant should enhance the landscaping around the Ten Mile Creek on Lot 10,Block 3 to create ab attractive linear open space for the development. Page 11 " 4 � F77 ,:' j,rp • �,` 3 ti� -,r 'GIs�', i� '�+- '' ,gym w..a•.,r;+.' . �yx� F'i :' .ate,y s• ..5 � � i.M1• I� - - .fit; ,� .� I I r.,. '`tea 'f ..� Landscaping is required in common open space areas in the R-40 portion of the development in accordance with the standards listed in UDC 11-3G-3E. A calculations table is included on the landscape plan submitted with this application demonstrating compliance with the above standards; however, Staff recommends that the applicant enhance the street buffers in accordance with the TMISAP guidelines (pages 3-26,3-27, 3-28,3-29& 3-30. Waterways(UDC 11-3A-A): The Ten Mile Creek bisects the southwest corner of this site and is proposed to be left open as an amenity for the development in accord with UDC 11-3A-6,which requires laterals to be piped unless improved as a water amenity or linear open space. 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. Pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP are required along W.Franklin Rd. and N. Ten Mile Rd. (see pg.3-22). Streetlights shall be placed in the dry utilities' corridor on either side of N.Wayfinder Avenue in accord with Street Section Ein the TMISAP(pg.3-23). Page 12 Dry utilities should be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP(pg. 3-22). A 5-foot wide dry-utilities corridor should be provided along both sides of S.Wayfinder Avenue; both wet utilities may be located in the street. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18.A Preliminau Geotechnical En ine eeringRReport dated 03/06/2020 was submitted with this application; an updated copy should be submitted prior to or with the first final plat application. B. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP) for a multi-family development containing a total of 390 residential dwelling units(200 1-bedroom units, 174 2-bedroom units, and 16 3-bedroom units)in the R-40 zoning district for The Gateway at 10 Mile. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-082775)as required. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections,easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Residential buildings shall provide a minimum setback of ten(10)feet 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. Page 13 The residential buildings look to meet the minimum setback requirement of 10 feet as required. 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. The site plan depicts screened trash enclosures not visible from a public street;all proposed transformer/utility vaults and other service areas shall comply with this requirement. 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 accessways shall not count toward this requirement. In circumstances where strict adherence to such standards would create an inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as outlined in section 11-513-5 of this title. The floor plans submitted with this application depict patios and balconies that exceed this standard. 4. For this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.None of these areas were used in the open space calculation. 5. No recreational vehicles, snowmobiles, boats, or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall adhere to this standard. 6. The parking shall meet the requirements outlined in chapter 3, "regulations applying to all districts",of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). Additionally, the Applicant has provided seven (7)storage buildings/garage structures intended for use as either storage or additional parking for tenants. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location, including provisions for parcel mail,that provides safe pedestrian and/or vehicular access.Located in clubhouse d. A directory and map of the development at an entrance or convenient location for those entering the development.Depict on site plan The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common open space design requirements. 1. The total baseline land area of all qualified common open spaces shall equal or exceed ten (10) percent of the gross land area for multi-family developments of five (5) acres or more. The multi- family portion of the site is 17.5 acres, requiring 1.75 acres(76, 052 square feet)of baseline open space according to the standard. The Applicant is proposing 10.52% of baseline open space, totaling 1.84 acres (80,157 square feet), exceeding the requirement. 2. All common open spaces shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for land use after all other development elements have been designed. Open space areas that have been given priority in the development design have: (1) Direct pedestrian access; Page 14 (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards;and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well-connected throughout the development. This quality can be shown with open spaces that are centrally located within the development,accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation,social gathering,and relaxation to serve the development. Staff finds the proposed open space areas within the multi family development comply with these standards by providing open space that is well connected,highly visible,and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space.See the submitted landscape plan and rendering for a visual of compliance with this standard. 3. All multi-family projects over twenty(20) units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total.Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway,are exempt from this standard. a. Minimum size of the common grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision- making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land-use designations with collectively integrated and shared open space areas. The submitted plans feature three common grassy open space areas, each 5,000 square feet in size that exceed the requirement. These areas are situated internally to the site, adjacent to Building "F"; adjacent to the clubhouse, and between Buildings "E"and "D': 4. 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 fewer square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area. There are 320 units proposed between 500 and 1,200 s.f.; therefore, a total of 1.84 acres(80,000 square feet) of common open space is required. C. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. There are 70 units proposed that are over 1,200 sf of living area; therefore, a total of 0.56 acres (24,500 square feet) of common open space is required. At a minimum, a total of 104,500 sf. (or 2.40-acres)of outdoor common open space is required to be provided in the proposed development. A total of 113,424 square feet(or 2.60-acres) is proposed to be provided in excess of UDC standards. Overall, the proposed qualified open space complies with the standards in 11-4-3-27C. Page 15 5. 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(20) feet. The common open space areas depicted for the overall multi family development meet this requirement. 6. 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. Staff is not aware of any phasing for the proposed multi family project. 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to a collector or arterial streets unless separated from the street by a berm or constructed barrier at least four(4)feet in height,with breaks in the berm or barrier to allow for pedestrian access. The Applicant is not including or requesting that the required 25 foot street buffer along N. Ten Mile Road(arterial roadway) and W. Franklin Road(arterial roadway)be included as part of the open space calculations. However, these frontage improvements are required with the development of the proposed commercial portion of the development. D. Site development amenities. 1. All multifamily developments shall provide for quality of life,open space,and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life. (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with a waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping,and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. Page 16 (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of the multifamily development as follows: a. For multifamily developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided,with one(1) from each category. c. For multifamily development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one(1) from each category. d. For multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection (D), provided that these improvements provide a similar level of amenity. To satisfy the specific use standards for the proposed 390 multi-family units the decision- making body may deem if the proposed amenities for the multi-family development is sufficient. According to the submitted plans and narrative, the applicant believes they have included four qualifying amenities, each from a different category. The proposed amenities consist of the following: ➢ Clubhouse ➢ Swimming pool ➢ Fitness center ➢ Pickleball court ➢ Three 5,000 square foot open space areas ➢ Dog park ➢ Bike repair station ➢ Enclosed storage All amenities are located within the central open space lot. The Applicant is proposing multiple amenities from the"Quality of Life"category,and missing an amenity from the"Open Space" category. The Applicant should add a picnic area that includes tables,benches,and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3- 27.1)for the site. Overall,the proposed amenities satisfy the required standards. E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements by chapter 3,"regulations applying to all districts", of this title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three(3)feet wide. Page 17 b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall comply with this requirement and provide said document at the time of CZC submittal. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.A. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(200) 1-bedroom units, 174 2-bedroom units, and 16 3-bedroom units, a minimum of 735 off-street spaces are required with 390 of those being in a covered carport or garage, and 39 spaces designated for guest parking. A total of 744 spaces are proposed,including 363 carports provided,231 standards provided,and 150 garages provided. The proposed parking exceeds the minimum standards per the UDC code.Furthermore,the Applicant has provided seven storage buildings,totaling 82 storage garages, designated for either storage purposes or additional parking for tenants. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 744 spaces,a minimum of 30 spaces are required. The site plan states a total of 30 spaces are proposed for the multi-family portion of the development. Bike racks should be provided in central locations for each building as proposed and comply with the standards listed in UDC 11-3C-5C. According to the submitted plans, the Applicant is demonstrating compliance with this standard. Fencing(UDC 11-3A-7): A 6' privacy fence is proposed on the north and west side of the multi-family development. Staff recommends that the Applicant submit a detail of the fencing at the time of CZC submittal. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the various types of multi-family units proposed in this development as shown in Section VIII.F. All of the structures consist of a complementary mix of materials,including stucco,brick veneer,horizontal exterior cement siding,metal parapet caping, glazing,and colors. The Applicant should work with the Police Dept.on a plan for emergency police access into each building entry point using a multi-technology keypad(see Section IX.D for more information). An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. The design of the structures is required to be consistent with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2 021-082 7 75) (see the Application of the Design Elements table on pg.3-49 of the TMISAP). Page 18 VII. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on October 3,2024.At the public hearing,the Commission moved to recommend approval of the subject Preliminary and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Jeff Bower&Andy Daleiden on behalf of the Developer b. In opposition: Justin Hamilton,Karla Ehlers, and Natalie Wixom Purcell C. Commenting: Jeff Bower&Andy Daleiden on behalf of the Developer d. Written testimony: Many letters in opposition have been submitted and can be viewed under the Public Comments folder as part of the public record. e. Staff presenting application: Bill Parsons,Current Planning Supervisor f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concerns with adding more high-density residential in this area and the negative impacts it could have on Meridian's small community feel. b. Adding high-density multi-family housing at the corner of Ten Mile Road and Franklin Road would worsen safety and traffic concerns, as the roadways in this area are already unable to handle the current traffic volume. C. More overcrowding in the school system. 3. Key issue(s)of discussion by Commission: a. In 2020,this project was annexed into the City with a concept plan that included a mix of commercial uses and multi-family housing. b. The question before the Commission tonight is whether the Developer is meeting the UDC for the Conditional Use Permit and conditions listed in the Development Agreement. C. Commission recommended the Council support the waiver to allow the right-in/right- out access on Ten Mile Road. 4. Commission change(s)to Staff recommendation: a. Commission modified condition 2.(h.)of the preliminary_plat to read: "Remove Public Street B from the plat limiting the number of access points on a busy arterial street near the intersection per UDC 11-3A-3,unless otherwise waived by City Council." b. Commission removed condition 3.(c.)of the Landscape Plan: "Depict a minimum 5-foot wide detached sidewalk along S. Ten Mile Rd. in accord with UDC 11-3A-17A." 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant requests a council waiver to allow a right-in/right-out on Ten Mile Road. ACHD has approved the access contingent upon the Council's decision. C. The Meridian Citv Council heard these items on November 19,2024.At the public hearing.the Council moved to approve the subject PP and CUP requests. I. Summary of the City Council public hearing a. In favor: Jeff Bower&Andy-Daleiden on behalf of the Developer b. In opposition: None c. Commenting None d. Written testimony: David Wright.Bridget.and Krvstal Larson e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None Page 19 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council approved the applicant's request for the RIRO accesses to Ten Mile and Franklin Roads. Page 20 VIII. EXHIBITS A. Preliminary Plat(date: 03/11/2024) PRELIMINARY PLAT 5HQWI M5 _ GASSER LAND DEVELOPMENT SUBDIVISION A PARCEL OF LAND SrFUTED IN THE hWHT 1fl OF THE 9XUR WE 514 Of SB=PP 11.TOVk%rHIP i WWK ROAM I WUT.EIOLSE I KFIIDIM.&M OWWff.UVd0 QS+Lw7v.%.-_-n E&Z ir y fir• = I •>Lrrsa --�^•^� ��- x,� � + ox ar i IMF - W Run— Page 21 B. Landscape Plan(date: 03/11/2024) P9 'yy - -y r Lw nrra sr ao srT n ' L Ib law 1,4 s O - 4 kml 2+?-AT LANDSCAP Page 22 C. Overall Conceptual Site Plan ,1 IF] E Air TE- WAY AT 11 CCIiNCEPTUAL.SUBJECT TO CHANGE RMUGYIG RIGMT4r Mwr CC, :R 41' RRIL-OAD 16Gh?W NAY :I - Lh7C 4'al1 -4L6F16� i � � I I� a �.T' � .,I a.soxG■ RLAZAA r I I u r _emu - 1 } 1 pvNKsn[[•�. 1 Ll 1 i i. mm �c8 I 1 5 ti I x . + / W E SF DIT, M— fTK440AMM C I; 7-1 FUP44LIN Ir34G II*WIPAL ARTLEIRL1 - L fY SJViF Q!XiFiTOW 1RIlT4LT0�If MI.�Tl#KMRY J f.7M VFRf IAI COUKRCUI Page 23 T '111 .1 G� A--r l iE WAY 711" I 0 M i L IL CGICEPTUAL,SUEJECfTOCR&NGE a►amsouuno��ua _ I{ aft � •7.1 .r�ti f I I •- try i •1 5 ��1 '1�S F yy55 r��J 5 �L k I.N •1.11 � , _ fit •- k,.,crl�arrewu __ kl - 7 U lTM sMh[r MULTI- If CMtW1rYU4L CCW"L}R�CUL Page 24 CC}VCEPTUAL,SLIE JECTT4 CHANGE T 1w.nCw:-e svrwwlrr I• �� i•1 1 • a� �J.�o-��� �7 � aen • .. xrx eai�nce f L Q S •k .,aFr. r� Lea ;F, MILbC';M15 { , f rL4 IIl1Y XGh #�i 1L3�i �w.rFLD SWr—wxc' 3 x 3 F J+INC Wa a[R W U ;AeN LAUk 5i 1111•1 cLw1� Page 25 T FI ;E - F IE WAY AT 10 M 1 LE CONCEFrUAL,SLIEJEC-rm CHANGE SEtiZFGMw .49 1 S EC Alp I'A AI&UA s�c►►ow a - � � _ _ I a SfrTm a 1'ul6rl��i► ' — I '� � �r • a r+ rr r � r � • a � � r ,'� '' f , FiRFIA Y y DG LD G/JMGALYIac P'JI' rid ARrimm: Jl+1 pm NFKH PW44 Tppm M-01% "HEM LLTWO u itG LIAb IVKK 1 � ,4 r• I y { a - rr i l UZAa ' i R[FLIITLYI[•JYFI-SIGH Ala SGATIIIS Tw am*TK D'DDDPATM1l!FL{M!1 rml5 Et7m,"lm, 911DG f f 1 ' r � • •ti.r I '• DEWEW MENT PLAN Page 26 D. Pedestrian & Bicycle Circulation Plan T lHl E GATLWAY AT 10 M TL IF CONCEPTUAL,5UI�JECT TO CHANGE u�rv..a nolfr o�wu �,. di A a. I elf, i rE i � � I ..e. .r..gr-". 1 • _ iN -•� { — — — — I% ry L�AXI4I IX II]Y�U i rmrmkI901 JIA7fAIRLi rff CIRCULATION DIAGRAM Page 27 E. Site Plan For Multi-Family Portion Of Development(date: 03/11/2024) VIM rn LL Aw— I wa km Page 28 F. Landscape Plan for Multi-Family Portion of Development(date: 03/11/2024) • '�•'('�' ,�_ ' STREFTTREF CALCVEATIONS�_TREU35 VI v.,mui.ru x.w.x wr•r,r�w..xx...r •... - '� G1Q S16i�10m[ i� lL3EFItlY OFG Aw.a7wT .T,.SPdSiP .. .. TO ,poi � .� BUFFER TRE[CRLCLIIATIONS ITPEE�351E TOTAL B�FFERTREFSREM PdPI(ING CdLN1ATI0NS � 'Y-'•""'•• ••�•••• �v _ ;;i i�i TO AL P0.RpIG ISLAND TREES 'x ••r � • .. �y , ORIYFALIE TREF CALCIMTIONS�ITPEF�3S IFS ``• •••• r• •4�-. _ _ _ __ T�_L ORrvF arsLF rRFFs -. � _ '.iFAC[TIIEE CALCIJLATIOI6 �.' 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Ell is Ll I'■ is A TA01 1 �=1=1 -■� I■1I=1=Ii I LEFT ELEVATION 2—R'G—ff-mEvA-now ETRIZIGR FINISH LEGEND TEN MILE FRONT ELEVATION I �■e I■f e ■ =11�■�11==11�■�11==11�■�11= lei■iel--lei■iel--lei■�ei- TA01 1■=■1 �1■I■1�NMI1■=■11 1 1■=■1 �1■I■1� 1■=■1 FRONT ELEVATIONN EXTERIOR FINISH LEGEND 7EN MILE FRANKLIN Page 32 ee■ee■ II■■■11==11■■■11==11■■■11 11■■■11==11■■■11==11■■■11= =1e�■ie 1==1e�■ie 1==1e�■�e l le�■ie 1==1e�■�e 1==1e�■�e 1= � � QQ Q T Q T T TA 01- T 0 It .-04 4 1 —AJ�%Cuo��— i� �,.Eq CLURFICKISE-SIDE ELEVATION CLUBMI-t5E-FZ3NT ELEVATION 2 K-Y NOTES "R TEN MILE FRAMKLIN EXTERIOR FINISH LEGUID 3CLURRMISE REIN ELEVATION III= - ------------------ X - Ak"6, ID I CLURKME-SIDE ELEVATION DENFRAL NffrEs 5GLLIB SLOE ELEVATION PARTIAL SIDE ELEVATION AC5.0 60—'BFmusE TAM -------------- --—-------------- H TEN MILE FRANKLIN BERuIIIIIIIIIII ml.T lRompi-m-CLUMUSE as AC2.0 "In Page 33 TA0 ~'t� --E PrLNOIIM5ff11RA 77%CA......E SIDE EEEW[INII GARAGE FRONT ELEVATION-12 RAT bit, O O '3TPICAL UNAGE SIRE EIETARON GARAGE REAR ELEVATION-11 DAY TEN MILE& Fr;nxlcux fiARARE F ELEVATION-12 EAT A'ACCEMBLE EAT KEPIOTES f: .Y�.» IRE GAIIAGE RFAR EIEVARON-12 EAT NAOCESSI D E BAT saENUEIEEu - '!GARAGE FRIINT ELEVATION-d EAT N IEAm"NAIECE ... ,..�. _ AG5.0 GAME FRONT ELEVATION-R EAT N MAwEENAOCE Page 34 City/Agency Comments&Conditions IX. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement(Inst. #2021-082775,H-2020-0046)and the conditions in this report. Preliminary Plat: 2. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association, as set forth in UDC 11-3B- 7C.2b.Required street buffers are a minimum of 20 feet wide along N. Wayfinder Avenue, a future collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.1 a. The Applicant shall depict the 20 foot buffer along Wayfinder Avenue in a common lot or as a permanent easement on the plat. b. The extension of N. Wayfinder Avenue on the east property boundary shall be included in the construction drawings for the first phase of development; or,may be included in a separate submittal to ACHD. *Replace S. Innovation lane with N. Wayfinder Avenue on the plat. c. Wayfinder Avenue shall be constructed to stub to the site's east property line. Construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue. The temporary cul-de- sac turnaround shall be paved with a minimum 50-foot turning radius. If the temporary turnaround extends onto a buildable lot,the entire lot shall be encumbered by an easement and identified on the plat as a non-buildable lot until the street is extended. Install a sign at the terminus of the stub street, stating,"THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE") shall d. The Applicant shall construct a temporary cul-de-sac turnaround at the terminus of Wayfinder Avenue with a minimum of a 50-foot paved turning radius per ACHD guidelines. e. Depict a minimum 12-foot wide sidewalk, street trees in wells,and pedestrian scale lighting along N.Wayfinder Avenue with street lights in the dry utilities' corridor on either side of the street consistent with Street Section E in the TMISAP(see pg. 3-23). £ A 5-foot wide dry-utilities corridor shall be provided along both sides of N. Wayfinder Avenue; both wet utilities may be located in the street. Streetlights shall be placed in the dry utilities corridor on either side of the street in accord with Street Section E in the TMISAP(pg. 3-23). g. Dry utilities shall be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W.Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3-22). h. Remove Public Street B from the plat limiting the number of access points on a busy arterial street near the intersection per UDC 11-3A-3,unless otherwise waived by City Council.City Council granted a waiver to allow a right-in/right-out only access to Ten Mile Road and Franklin Road, including the required deceleration lanes for each access. i. Depict a cross-access easement on Lots 3—9,Block 3 for the right-in/right-out drive aisle on the plat. j. Lot 6,Block 3 shall take access from W. Fred Smith Street; direct lot access to S. Innovation (Wayfinder Avenue) shall be prohibited. Page 35 k. Depict W. Fred Smith Street connecting from the east and construct Street C and Fred Smith Street as a 36-foot wide local commercial street sections with 2-travel lanes,parking on both sides of the roadway,vertical curb, gutter,and bulb-outs at intersections and pedestrian crossings with an 8-foot planter strip and 10-foot wide multi-use pathways on both sides of the roadway on the plat. j. Depict the Irrigation District's easement for the Ten Mile Creek. k. Lot 4 and 5, Block 1 shall remain preserved for the future Civic portion of the site for future development of a multi-modal transit station, in accordance with DA provision 5.1d. 1. Lot 11,Block 3 shall remain preserved to relocate an ACHD pond and/or coordinate with the Meridian Parks Department to determine a future plan for the lot in accordance with DA provision 5.1n. m. Lot 10, Block 3 shall remain preserved for the Ten Mile Creek and associated easement. n. Add a note to the plat requiring cross-access for all lots that do not have access to a public street. o. The Applicant shall construct the decorative crossings and the plaza areas as shown in Exhibit C, Section VIII with the commercial development. 3. The landscape plan included in Section VIII.0 shall be revised as follows: a. Street buffers at the required width are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2(see#2a above for required widths). b. Include a detail of the proposed fencing at the time of CZC submittal. e. Depiet a ffliaimtim 5 feet vi4de detaehed sidewalk along S. Ten Mile Rd. in aeeer-d with I >> 2�r d. Depict a micro-path from the plaza area between Street A and Street B to the sidewalk along Ten Mile Road for the future bus stop. e. Depict a minimum 12-foot wide sidewalk, street trees in wells, and pedestrian scale lighting along N.Wayfinder Avenue with street lights in the dry utilities corridor on either side of the street consistent with Street Section E in the TMISAP (see pg. 3-23). f. Depict 10-foot wide detached pathways along both sides of W. Fred Smith Street and Public Street C in accordance with ACHD's adopted Livable Street Performance Measures and UDC 11-3A-5. g. Enhance the street buffers along Ten Mile Road and Franklin Road to align with the TM Center Subdivision directly to the south and meet the guidelines outlined in the TMISAP. h. Enhance the landscaping around the Ten Mile Creek on Lot 10,Block 3 to create an attractive linear open space for the development. i. Construct the plaza areas with the commercial development consistent with the renderings in Exhibit C, Section VIII. 4. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst. #2021-132704,provision#5.1d). 5. Submit an updated Geotechnical Engineering Report prior to or with the first final plat application. Page 36 6. The Applicant shall comply with ACHD's conditions of approval. 7. Construct half plus twelve feet of the future collector street(N.Wayfinder Avenue) from the south to the north along the southeast corner property boundary shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 8. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired)and approved prior to submittal of application(s)for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan)as required by the Development Agreement. The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. Conditional Use Permit: 9. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 10. Add a picnic area that includes tables,benches, and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3-27.D for the site at the time of CZC submittal. 11. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 12. Comply with building code requirements for separation between structures within the development. 13. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access),and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-2713.7. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. Add a picnic area that includes tables,benches, and a structure for shade in one of the open space grassy areas to meet the requirements of UDC Code 11-4-3-27.D for the site at the time of CZC submittal. g. 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 as set forth in UDC 11-4-3-27C.3. 13. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s) for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein. The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements Page 37 matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. I. PUBLIC WORKS https:llweblink.meridiancioy.oL-glWebLinkIDocView.aspx?id=344373&dbid=0&repo=MeridianCity J. FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=344378&dbid=0&repo=MeridianCity K. POLICE DEPARTMENT https:llweblink.meridianciV.org/WebLink/DocView.aspx?id=344375&dbid=0&repo=MeridianCity L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:11weblink.meridianciU.org/WebLink/DocView.aspx?id=344632&dbid=0&repo=Meridian City&cr =1 M. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=346027&dbid=0&repo=MeridianCity N. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=346190&dbid=0&repo=MeridianCity O. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=345722&dbid=0&repo=MeridianCity P. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=347726&dbid=0&repo=MeridianCity Q. KUNA SCHOOL DISTRICT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=344407&dbid=0&repo=MeridianCity R. VALLEY REGIONAL TRANSIT https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=345874&dbid=0&repo=MeridianCity&cr =1 ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciiy.org/WebLink/DocView.aspx?id=348785&dbid=0&repo=Meridian City Page 38 X. FINDINGS A. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; 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 Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-G zoning districts (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. Council finds that the proposed use is consistent with the future land use map designations of MU- COM and Civic and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-G zoning districts. Page 39 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 proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. The Commission and Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. Council finds that essential public services are available to this property and that the use should be adequately served by these facilities. Page 40 V IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Apex Farr Subdivision H-2024-0014) Between City of Meridian and Smith Brighton Inc.; DWT Investments LLC; SCSH Properties LLC; Brighton Apex LLC; Brighton Development Inc.; SCS Investments LLC; The David & Kristin Turnbull Family Trust Dated August 1, 2006, and The Tomlinson Foundation for Property Located on the West Side of S. Locust Grove Rd., North of E. Lake Hazel Rd. and East of S. Meridian Rd. ADA COUNTY RECORDER Trent Tripple 2024-069485 BOISE IDAHO Pgs=98 ANGIE STEELE 12/06/2024 11:20 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Smith Brighton Inc., Owner/Developer 3. DWT Investments LLC, Owner 4. SCSH Properties LLC, Owner 5. Brighton Apex LLC, Owner 6. Brighton Development Inc., Owner 7. SCS Investments LLC, Owner 8. The David & Kristin Turnbull Family Trust Dated August 1, 2006, Owner 9. The Tomlinson Foundation, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 3rd day of December , 20 24 , by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY," and Smith Brighton,Inc.; DWT Investments,LLC; SCSH Properties, LLC; Brighton Apex, LLC; Brighton Development,Inc.; SCS Investments,LLC; The David & Kristin Turnbull Family Trust Dated August 1, 2006; and The Tomlinson Foundation,hereinafter collectively called"OWNERS/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owners/Developer are the sole owners, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the"Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, establish provisions governing the creation, form,recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that Owners/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I I- 5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and DEVELOPMENT AGREEMENT—APEX FARR SUBDIVISION H-2024-0014 Page 1 of 13 1.4 WHEREAS, Owners/Developer have submitted an application for development agreement modification to remove the properties listed in Exhibit "A" from existing Development Agreements recorded in Ada County as Instrument#2016-007071 (South Meridian—Arbor Ridge H-2015-0019), Instrument#2020-178120 (Apex H- 2020-0066), and Instrument#2021-102396 (Shafer View Terrace H-2020-0117), and for the inclusion of the Properties into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners/Developer made representations at the duly noticed public hearings before the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 22°d of October, 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 1.8 WHEREAS, Owners/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit "A" shall no longer be subject to the terms of the existing Development Agreements (Instrument#2016-007071 (South Meridian —Arbor Ridge H-2015-0019), Instrument#2020-178120 (Apex H-2020-0066), and Instrument#2021-102396 (Shafer View Terrace H-2020-0117) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owners/Developer to enter into a development agreement modification for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 2 of 13 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 parry 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 OWNERS/DEVELOPER: means and refers to collectively: 3.2.1 Smith Brighton, Inc.,whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, owner and developer of said Property and shall include any subsequent owner(s)/developer(s) of the Property; and 3.2.2 DWT Investments, LLC, whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.3 SCSH Properties,LLC, whose address is 3240 W. Bavaria Drive, Eagle, Idaho 83616, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.4 Brighton Apex, LLC, whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.5 Brighton Development,Inc.,whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.6 SCS Investments,LLC,whose address is 3240 W. Bavaria Drive, Eagle, Idaho 83616, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.7 The David & Kristin Turnbull Family Trust Dated August 1, 2006, whose address is 2929 W. Navigator Drive, Suite 400, Meridian, Idaho 83642, owner of said Property and shall include any subsequent owner(s) of the Property; and 3.2.8 The Tomlinson Foundation, whose address is c/o Eisner Advisory Group LLC, 4225 Executive Square, Suite 1150, La Jolla, California 92037, owner of said Property and shall include any subsequent owner(s) of the Property. DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 3 of 13 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing parcels of land to be removed from existing Development Agreements recorded in Ada County as Instrument#2016-007071 (South Meridian—Arbor Ridge H-2015-0019), Instrument#2020-178120 (Apex H-2020-0066), and Instrument#2021-102396 (Shafer View Terrace H-2020-0117), with such parcels being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owners/Developer shall develop the Property in accordance with the following special conditions: a. 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 in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B," and the conditions contained herein and the standards in the Unified Development Code (UDC). b. 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. c. A 10-foot-wide multiuse pathway shall be constructed within the Williams Northwest gas pipeline easement in accord with the Pathways Master Plan. d. Future development shall comply with the Williams Pipeline Developer's Handbook. e. The rear and/or sides of two-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 articulation through changes in two ore 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 DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 4 of 13 visible from the subject public streets. Single-story homes are exempt from this requirement. f. The uses allowed in the C-C zoning district shall be restricted to only those uses listed in UDC Table 11-213-2, "Allowed Uses in the Commercial Districts," as allowed uses in the C-N zoning district. The purpose of such 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. g. A 25-foot-wide buffer to residential uses shall not be required to be provided with the 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. 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 Owners/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms 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's/Developer's default of this agreement, Owners/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 5 of 13 and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or rezone the Property, City and Owners/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owners/Developer reserve 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 Owners/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 Owners/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: Owners/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 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance rezoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 6 of 13 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS/DEVELOPER: Smith Brighton, Inc. DWT Investments, LLC SCSH Properties,LLC 2929 W. Navigator Dr. Ste. 400 2929 W. Navigator Dr. Ste. 400 3240 W. Bavaria Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Eagle, Idaho 83616 Brighton Apex, LLC Brighton Development,Inc. SCS Investments,LLC 2929 W. Navigator Dr. Ste. 400 2929 W. Navigator Dr. Ste. 400 3240 W. Bavaria Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Eagle, Idaho 83616 The David & Kristin Turnbull Family Trust Dated August 1, 2006 2929 W. Navigator Dr. Ste. 400 Meridian, Idaho 83642 The Tomlinson Foundation c/o Eisner Advisory Group LLC, 4225 Executive Square, Suite 1150 La Jolla, California 92037 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 Owners/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 Owners/Developer, to execute appropriate and recordable evidence of termination of DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 7 of 13 this Agreement if City, in its sole and reasonable discretion, has determined that Owners/Developer have fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry(including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property ("Removed Property") from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/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 Owners/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 the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 8 of 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Smith Brighton,I By: Robzr+ . Wi Ul ps. Its: Pre's i ae'm* STATE OF IDAHO ) ss: County of Ada ) On this i day of 20 ,before me,the undersi ed, a Notary Public in and for said State,personally appeared 12a toed—�__ L►:Ll;D,T c,known or identified to me to be the a of Smith Brighton,Inc.and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARI VAUGHAN Notary Public COMMISSION#20181002 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/0112030 OWNER: DWT InvestmeWts,LLC ij1L1--- By: o L• IP Ins 11; s, Pre side-wk a�- lZ r;6 k�aix &rApo raA r AA"er o-P -tg: TTvwe.S�rv�¢.r��s LLB STATE OF IDAHO ) ss: County of Ada ) On this I day of ja rY'vYl 6p.f, 20-;4,before me, the undersigned, a Notary Public in and for said State, personally appeared.lZp h 14-L,- 0In:I 1 i oc ,known or identified to me to be the_ A of DWT Investments,LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and of xed my official seal the day and year in this certificate first above written. SHARI VAUGD06/01/2030 an' COMMISSION#2 Notary Public NOTARY PUBMy Commission Expires: STATE OF ID [MY COMMISSION EXPIR DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 9 of 13 OWNER: SCSH Properties LLC By: VK:CLIM L � iaf, o-� 5GS Wlap�w.9e vOACK-+LL4 {'N,"w a} ter Sc-5 N P+ro pe-r--its, Ut- STATE OF IDAHO ) ss: County of Ada ) On this A--day of Q , 20_ before me,the undersigned,a Notary Public in and for said State,personally appeared_VV i PA A Lt ,known or identified tome to be the_ of SCSH Properties,LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Lill / tti VL SHARI VAUGD06/01/2030 Notary Public COMMISSION#20 My Commission Expires:_t¢ NOTARY PUB STATE OF IDA [MY COMMISSION EXPIR OWNER: Brighton Apex, C By: 1?0 herb l_. �; L U PS Its: rv\D v%�e r STATE OF IDAHO ) ss: County of Ada ) On this�day f 20_2�,before me, the undersigned, a Notary Public in and for said State, personally appeared_ ,known or identified to me to be the of Brighton Apex,LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public SHARI VAUGHAN My Commission Expires: COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 10 of 13 OWNER: Brighton Development,Inc. By: uN D. VJu Le- Its: V4e t`t' STATE OF IDAHO ) ss: County of Ada } On this 13S day of. , 20 ,before me, the undersi ned, a Notary Public in and for said State,personally appeared an 1) ,known or identified to me to be the 'Gteo+ of Brighton Development, Inc.and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARI VAUGHAN Notary Public COMMISSION#20181002 My Commission Expires:_tr— 'oZ03 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 OWNER: SCS Investments,LLC By: NA.t,clwte—1 Its: Pre,-5 STATE OF IDAHO ) ss: County of Ada ) On this j 4 dayRf jtC 20�,before me,the undersigne a Notary Public in and for said State, personally appeared_�� Q.tA ft. ,known or identified to me to be the Pf�.3 td C' _ of SCS Investments, LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CS JVt4t' 1141 r%1 Notary Public SHARI VAUGHAN My Commission Expires:_ COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 11 of 13 OWNER: The David & Kristin Turnbull Family Trust Dated August 1, 2006 —Nfr— y: Its: STATE OF IDAHO ) ss: County of Ada } On this day ofQ _, 20-;RV,before me, the undersigned, a Notary Public in and for said State, personally appeared_J�au� Ltl !u,tjLbc,/ known or identified to me to be the_ of The David & Kristin Turnbull Family Trust Dated August 1,2006 and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. I�� /t4*, SHARI VAUGHAN Notary Public COMMISSION#20181002 My Commission Expires: b'ne) NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 OWNER: The Tomlinson Foundation 4-! By: Its: TE OF } ss: County of ) On this day of , 20 before me, the undersigned, a Notary Public in and for said State, personally appeared _ Rmwp or identified to me to be the _ of The Tomlinson Foundation and the person who signed above and ackiibwlerl ed tg o me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and\affii&l-my+official seal the day and year in this certificate first above written. Notary Public My Commission Expires: DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 12 of 13 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 12-3-2024 Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO ) ss County of Ada ) On this 3rd day of December ,20 24 ,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: DEVELOPMENT AGREEMENT-APEX FARR SUBDIVISION H-2024-0014 Page 13 of 13 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californi County of_,��.>, Ie • , On Xy. before me, "+`�`�°'^l v � � bJ��.. (insert name and title of the officer), personally appeared c''4 who proved to me on the basis of satisfactory evidence to be the person(s)whose n me(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANDRON WEBER a Commission No.2417258 i Z NOTARY PUBLIC-CALIFORNIA WITNESS my hand and official seal. ` SAN DIEGO COUNTY 0 com nission Expires September 20,2026 1 Signature (Seal) EXHIBIT A km 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 portion of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the southeast corner of said Section 31, which bears S00°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, N00°32'22"W a distance of 693.57 feet; Thence leaving said easterly line, N89*42'21"W a distance of 67.25 feet to a 5/8-inch rebar on the subdivision boundary of Apex Northwest Subdivision No. 1 (Book 124, Pages 19693-19698, records of Ada County, Idaho) and being the POINT OF BEGINNING. Thence following the subdivision boundary of said Apex Northwest Subdivision No.1 the following three (3)courses: 1. N89°42'21"W a distance of 563.32 feet to a 5/8-inch rebar; 2. N39°31'00"W a distance of 11.71 feet to a 5/8-inch rebar; 3. N89°43'08"W a distance of 1.50 feet to a 5/8-inch rebar on the subdivision boundary of Apex Northwest Subdivision No. 2 (Book 124, Pages 19844-19847,records of Ada County, Idaho); Thence leaving said subdivision boundary of Apex Northwest Subdivision No. 1 and following said subdivision boundary of Apex Northwest Subdivision No. 2 the following seven (7) courses: 1. N00°16'52"E a distance of 528.00 feet to a 5/8-inch rebar; 2. 14.14 feet along the arc of a circular curve to the right, said curve having a radius of 9.00feet,a delta angle of 90°00'47", a chord bearing of N45°17'16"E and a chord distance of 12.73 feet to a 5/8-inch rebar; 3. S89°42'21"E a distance of 146.58 feet to a 5/8-inch rebar; 4. N00*17'39"E a distance of 87.50 feet to a 5/8-inch rebar; 5. N89°42'21"W a distance of 130.00 feet to a 5/8-inch rebar; 6. S70°21'17"W a distance of 24.92 feet to a 5/8-inch rebar; 7. N89°42'21"W 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 N48°54'58"W a distance of 47.18 feet; Thence N47°51'19"W a distance of 1,638.44 feet; Thence S42°08'41"W a distance of 461.91 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 48*08'12", a chord bearing of S66°12'47"W and a chord distance of 48.94 feet; Thence N89*43'08"W a distance of 40.82 feet; Thence N44°07'12"W a distance of 21.37 feet; Thence 198.52 feet along the arc of a circular curve to the left, said curve having a radius of 311.50 feet, a delta angle of 36°30'56", a chord bearing of N22°16'05"W and a chord distance of 195.18 feet; Thence N40°31'33"W a distance of 241.33 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com 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 of 49'31'13", a chord bearing of N65°17'09"W and a chord distance of 219.04 feet; Thence S89°57'15"W a distance of 450.61 feet; Thence S00°02'45"E a distance of 31.50 feet to the southerly line of the Southeast 1/4 of the Northwest 1/4 of Section 13; Thence following said southerly line, S89°57'15"W a distance of 529.87 feet to a 5/8-inch rebar marking Center-West 1/16 corner of said Section 31 (also being the southeast corner of Prevail Subdivision No. 1, Book 120, Pages 18715-18719, records of Ada County, Idaho); Thence leaving said southerly line and following the westerly line of said Southeast 1/4 of the Northwest 1/4, N00°31'11"E a distance of 1,326.96 feet to a 5/8-inch rebar marking the Northwest 1/16 corner of said Section 31 (also being the northeast corner of Prevail Subdivision No. 2, Book 121, 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 1/4 of the Northwest 1/4 and following the westerly line of the Northeast 1/4 of the Northwest 1/4 of said Section 31, N00°20'36"E a distance of 206.98 feet to the northeast corner of said Prevail Subdivision No. 3; Thence following said westerly line, N00*20'36"E a distance of 24.96 feet; Thence leaving said westerly line, N81°55'55"E a distance of 531.16 feet to a 5/8-inch rebar; Thence S25*53'19"W a distance of 7.65 feet to a 5/8-inch rebar; Thence S82°35'12"W a distance of 8.19 feet to a 5/8-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 arc of a curve to the left, said curve having a radius of 58.00 feet, a delta angle of 48°23'56", a chord bearing of S22°46'16"E and a chord distance of 47.55 feet to a 5/8- inch rebar; 2. S46*58'07"E a distance of 45.40 feet to a 5/8-inch rebar; 3. S54°23'34"E a distance of 180.18 feet to a 5/8-inch rebar; 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 15°44'26", a chord bearing of S62°15'47"E and a chord distance of 161.03 feet to a 5/8- inch rebar; 5. Thence S70°14'40"E a distance 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; Thence leaving said northeasterly bank and said northerly line, S19'57'31"W a distance of 12.12 feet to the centerline of said Farr Lateral; Thence following said centerline the following three (3) courses: 1. S70°07'29"E a distance of 9.75 feet; 2. S62°02'58"E a distance of 207.13 feet; 3. S65°37'43"E a distance of 186.17 feet to the easterly line of said Southeast 1/4 of the Northwest 1/4; Thence leaving said centerline and following said easterly line,S00°38'17"W a distance of 30.20 feet to a point on a line being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral; Thence following said line 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. S72*17'39"E a distance of 87.22 feet to a 1/2-inch rebar; 4. S78°53'58"E a distance of 439.81 feet to a 1/2-inch rebar; 5. S75*55'10"E a distance of 99.84 feet; PAGE 12 6. S61°21'11"E a distance of 24.44 feet; 7. S46°09'47"E a distance of 188.67 feet; 8. S55°48'16"E a distance of45.29 feet to a 1/2-inch rebar; 9. S62°37'05"E a distance of 331.41 feet to a 1/2-inch rebar; 10. S49°07'00"E a distance of 149.42 feet to a 1/2-inch rebar; 11. S47°33'25"E a distance of 228.36 feet; 12. S54°34'10"E a distance of 104.95 feet; 13. S59°52'47"E a distance of 94.86 feet; 14. S65°32'37"E a distance of 460.70 feet to a point on the northerly line of the Southeast 1/4 of said Section 31; Thence leaving said line and following said northerly line, N89°57'56"E a distance of 390.76 feet to a brass cap marking the east 1/4 corner of said Section 31; Thence leaving said northerly line and following the easterly line of said Southeast 1/4, S00°32'22"E a distance of 1,372.93 feet; Thence leaving said easterly line, N89°42'21"W a distance of 63.22 feet to a point on the westerly right- of-way line of S. Locust Grove Rd.; Thence following said westerly right-of-way line the following nine (9) courses: 1. S00°17'39"W a distance of 87.50 feet; 2. S89°42'21"E a distance of 18.14 feet; 3. S21°07'21"E a distance of 18.06 feet; 4. S00°32'22"E a distance of 317.11 feet; 5. S06°45'44"W a distance of 94.42 feet; 6. S00°32'22"E a distance of 91.20 feet; 7. S24°46'04"W a distance of 28.13 feet; 8. N89°42'21"W a distance of 3.19 feet; 1. S00°17'39"W a distance of 1.50 feet to the POINT OF BEGINNING. Said description contains a total of 131.89 acres, more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. ���Z1Qy LANd S ..e a 12459 a OF tyA4� (o •2y -Zvv`I PAGE 3 mZ p �:E z O\O O °f Cn � Z f �oa M O)C � PP�� � A o0m �_� ono z C o rrm — z m rn;D i M - n - c rn 0 a r r t]J q fD v `1 — 0 2 O C° Iv z J,5 o � a I� I M — Q C) z O O m Cc z z m M0 n� a :U � rn Z� z�0 Cn C: m 0o Lmn n m m Z C S. Locust Grove Rd. 1 d -i LL � l - a N N I — I ' r Q u tt Q z co , km E N G I N E E R I N G co 5725 NORTH x SOISE,IDAH083713 i PHONE(208)639-6939 Exhibit ■- Apex Farr Subdivision kmengl3p.com DA Modification DATE: June 2024 1 Q PROJECT: 21-248 m SHEET: Situated in a portion of Section 31, T.3N., R.1E., .BM., 1 OF 4 I City of Meridian, Ada County, ID a R �� Ll 5/ S46'09'47"E �\ 188.67' 5623,, D S55'48'16"E 45.29' LINE 25-FT SOUTHWESTERLY S49'07'00"E �11 OF CENTERLINE OF THE 149.42' FARR LATERAL S59'52'47"E S47'33'25"E 94.86' 228.36' S54'34'10"E SSS'3 104.95' 460�3,e N89'S7'56"E 390.76' y� FOUND BRASS CAP . E 1/4 CORNER �� - SECTION 31 'n :2 Vy) M Qj L. =CV CV -04 U O N48'54'58"W JO N 47.18' N47'56'33"W N o 0 0. N 251.11' o 0 0 400 800 1200 L4 am Plan Scale: 1" =400' L3 N69'42'21"Vr !mow w �13n_nn' L16 CN N� S N00'17'39"E M o ry Gi 87.50' 7jC) a �o L19 In Apex Northwest N S89.42'21"E ; 146.58' Z Subdivision No. 2 _w L21 ° L2 L23 I 3 L24- i4 X z N89'42'21'W L25 N il 563.32' !0 iA 4 POINT OF BEGINNING z� Apex Northwest N89.42'21'W Subdivision No. 1�67.25' (TIE) o POINT OF COMMENCEMENT qffl E. Lake Hazel Rd.T.3N., R.1E. 31 1 3� E N G I N E E R I N G T.2N., R.1 E. 6 r o 5725 NORTH DISCOVERY WAY X BOISE.IOAH083713 PHONE(208)639.6939 Exhibits- Apex Farr Subdivision kmengllp.com DA Modification DATE: Ju m 2024 PROJECT: 21-248 ■ SHEET: Situated in a portion of Section 31, T.3N., RIE., B.M., N 2 OF 4 City of Meridian, Ada County, ID a 1 NORTHEASTERLY BANK OF THE I N 1y81'55.55"G L9 FARR LATERAL � 0 400 800 1200 53} 16 C5 L10 S54'23'34"E L8 Ll t 180.18' Prevail L1 Plan Scale: 1" =400' �O S70'14'40"E f NOO*20'36"E G's 112.44' , LU Subdivision -}No. 3 206.98' — —L12 I ii S65'37'43"E L13 186.17' Z y Prevail FOUND 5/8" REBAR m S62'02'58"E Subdivision No. 2 SW 1/16ION3 CORNER 207 13' L14 S72'17'39"E -Q c CENTERLINE OF THE_ O r87.22' S75'S5'10"E N ._ m U FARR LATERAL i 99.84' S78.53.58"E u 0 Q S63'S5'S1"E L1 Lt_ ?+^- 4-, —1 137.97' I 438.81 x 0 a) S67-14'14"EJ G) O N rNi 1 13.95' Ca- `� ~ � Prevail I S46'09'47"E s Q Q 0 v Subdivision No. 1 w LINE OF CENTERLINE SOUTHWESTERLY THE i 8$67' -CI O FARR LATERAL S55'48'16"E ` 4= LO p 45.29' CL p z S49' LX = U Qj FOUND 5/8" REBAR C-W 1/16 CORNER FOUND 5/8" REBAR 1 SECTION 31 CENTER 1/4 CORNER L7 589'57'15"W SECTION 31 � S89'57'15"W 7—T—T7529.87'� II Shafer View N40'31'33"W Terrace Subdivision 241.33' %K ��.,• JI Z a o N L6 C2 '1'F� > o IZT ,S W$o� L5 1• wUs- --o LL 19 �O�O 0 �L Z=---v 7� zotlo w a0 m LA .....EJd"L06oianiS3'VZOZ/OZ/9'OaVlIVU NOIIVV''JM(IIIIIJVJ X3dV)NOI1VJIjI00W v0 SDZ-TZ\S11UIHX3\A3A>nS\OVJ\SVZ•TZ\-d km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 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 1 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 S00°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, N00°32'22"W a distance of 660.07 feet to the POINT OF BEGINNING. Thence leaving said easterly line, N89°42'21"W a distance of 453.05 feet; Thence N00°16'52"E a distance of 623.25 feet; Thence S89°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. A IS a 24�59 o �� � 0 ENGINEERS SURVEYORS PLANNERS 11 " 3� EAST 1/4 CORNER SECTION 31 I I I I FOND BRASS CAP Proposed Apex Farr + Subdivision to E. Crescendo St. S89'42'21"E 444.12' f 1 Proposed Apex Farr Subdivision o t, z o�N Rezone Area: 6.418± AC. m Portion of S1131449000 & N o m o Q x 51131449810 ,)N �— W .2 Current Zoning: R-15 o m o .o o a'> W Proposed Zoning: C-C �' w +_+ X N tND y 0 Q }---O � c0 'a � I Qom, ¢ i L- g v Ln o t� U O J POINT OF E. Phenomenal St. BEGINNING N89'42'21 V 453.05' w CI v O Apex Northwest In I Subdivision No. 1 S N N a N Z � a POINT OF COMMENCEMENT oz 3 SOUTHEAST CORNER SECTION 31 o FOUND ALUMINUM CAP V E. Lake Hazel Rd. T.3N., o i r 31�;�{ 3� 2 12N., RA E. N kqm 6Ts 0 150 300 450 N '1 E N G I N E E R I N G Plan Scale: V =150 0 5725 NORTH DISCOVERY WAY x BOISE,IDAH083713 i PHONE{206I639-6939 EXhlbltW Rezone to C-C kmengllp.com Apex Farr Subdivision DATE: Oct obe1024 1 a P FOJ E CT: 21.248 --� SHEET: A portion of the SE 1/4 of the SE 1/4 of Section 31, 1 OF 1 T3N, R1E, BM, City of Meridian, Ada County, Idaho 444.12 s89°42'2I"e N � j N O IJ J - r n89°42'21"w 453.05 Title: Rezone to C-C Date: 10-15-2024 Scale: 1 inch= 150 feet File: Tract 1: 6.418 Acres: 279581 Sq Feet: Closure=n41.0535e 0.01 Feet: Precision=1/401207: Perimeter=2144 Feet 001=n89.4221w 453.05 003=s89.4221e 444.12 002=00.1652e 623.25 004=s00.3222e 623.32 9233 WEST STATE STREET I BOISE, ID 83714 208.639.6939 FAX 208.639.6930 April 30, 2024 Project No.21-248 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 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31,which bears N89°57'15"E a distance of 2,507.62 feet from an aluminum cap marking the West 1/4 corner of said Section 31, thence following the easterly line of said Southwest 1/4, S00'17'55"W a distance of 270.83 feet; Thence leaving said easterly line, 8.54 feet along the arc of a circular curve to the left, said curve having a radius of 280.00 feet, a delta angle of 01°44'S1", a chord bearing of N39'39'07"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 left,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 chord distance of 192.66 feet to a point on the northerly line of said Southwest 1/4; Thence following said northerly line, N89°57'15"E a distance of 338.68 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.758 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. 1 2459 a ENGINEERS SURVEYORS PLANNERS POINT OF BEGINNING CENTER 1/4 CORNER SECTION 31 3iUj FOUND 5/8" REBAR M I f Proposed Apex Farr Subdivision BASIS OF BEARING 36 31 N89'57'15"E 2507.62' — — o 2168.94' N89'57'15"E 338-68' Y C2 Rezone Area: 0.7S8± AC_ Portion of R7824251260 Current Zoning: R-2 cq WEST 1/4 CORNER SECTION 31 d c! FOUND ALUMINUM CAP Proposed Zoning: N Proposed Apex Fart \/ Subdivision L 3 v y Ln Proposed Apex West Subdivision C1 Shafer View Terrace Subdivision 0 0 s r W CURVE TABLE N 0 CURVE RADIUS LENGTH DELTA CHORD BRIG CHORD 0 5 C1 280.00' 8.54' 1'44'51" N39'39'07"W 8.54' m o C2 230.00' 198.79' 49'31'13" N65'17'09"W 192.66' N 0 100 200 300 F— —� Plan Scale: 1"= 100' a O r Z O W LY co lam N E N G I N E E R I N G 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHDNE(208)639-6939 Exhibit! Rezone to R-8 j kmengllp.com Apex Farr Subdivision DATE: April2024 Q I PROJECT: 21.248 N SHEET: A portion of the Lot 1, Block 5 of Shafer View Terrance in the NE 1/4 N 1 OF 1 of the SW 1/4 of Sec. 31,T3N, R1E, BM, City of Meridian, Ada County, Idaho o . 338.68 r n89°5T15"e v, r, �, o0 a �� Jim Title: Rezone to R-8 Date: 04-30-2024 Scale: 1 inch = 100 feet File: Tract 1: 0.758 Acres: 33012 Sq Feet: Closure=s43.5101 e 0.01 Feet: Precision=1/125966: Perimeter= 1058 Feet 001=s00.1755w 270.83 003=n40.3133w 241.33 005=n89.5715e 338.68 002:Lt.R=280.00.Delta=01.4451 004:Lt.R=230.00,Delta�9.3113 Bng=n39.3907w.Chd=8.54 BnL—n65.1709%v.Chd=192.66 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�' 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 § 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 APEX FARR-MDA,PP,RZ H-2024-0014 - I - 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 fbr 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 11-6B-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 fbr final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). 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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may, within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d)and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of 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 AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED_AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTEDAYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor o ert E Simi on 10-22-2024 Attest: C.NitlilllAN4i<- d Ch ' nso City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: 0j�VM �'' -- Dated: 10-22-2024 _D— City Clerk's Office s FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR APEX FARR-MDA,PP,RZ H-2024-0014 -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,­, DEPARTMENT REPORT HEARING 10/8/2024 Legend DATE: Project Location 0 TO: Mayor& City Council Area or impact += City Limits FROM: Sonya Allen,Associate Planner G analysis t 208-884-5533 sallen@meridiancity.org ---- APPLICANT: Brighton Corporation 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.IE. 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.6for more information) City of Meridian I Department Report 1. 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.difor more information) As an alternative to the Applicant's request, WOOF on the G G zoned pFopeky,and fill Riley is pFovided f0F neeess to the residential units rather-than a pAvate stFeet. The addition of a publie stFeet will pFolvide a named StFeet for-addFessing the east fneing HHitS,pFovide fOF OR StFeet parking for guests of the Fesidential units and pFovide R tFfiftSW0WSePftFftd0n between land uses (see eoneept plan- . 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. II. 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 J (Medium-high Density Residential),C-C(Community Business) a MMA City of Meridian I Department Report II. Community Metrics Description Details Map Ref. Existing Future Land Use LDR(Low Density Residential),MDR(Medium Density VII.A.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:S1131427850 Date Retrieved:2024 119 129 Parcel Count Parcel Acreage Infill Indicator: 599 916 Surrounding Area 37% Not city io 4 [] City Limits 1,090 ❑ Not City Household Change Household&Population Growth Households El2020 Population Change:45.756 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 0% ® Multi-family ® Commercial City of Meridian I Department Report II. Community Metrics Preliminary Plats (last.-years) Conditional Use Permit{last 5-years) Proposed Pro posed Pending Rending Approved (y +}}��yy(y/y �/�/�� �(yy� p�Jy- Approved (y y/� ]� J� 0 2 V 00 4000 LAME 8002 Q 1 V •�r 30 44 ■ Single-farnily ® Multi-family 2-00 1,000 Single-family A Residential 1-50 PO 7 Parcel Diversity 1-00 500 G a p Parcel Count c7� 0-50 � a •Average Acres '"es 0 .17.00 0 R-2 r.- R-B R-15 Average Single-family Density by Zoning Average 15.00 aResidential Not Densky 0 9.70 � p 5-00 �:I 6.62 4.50 ■50 3.176 0.00 ---go-go Dwelling Units I Acre R-2 P-1 q 3 F-1s Figure 2: Service Impact Summary Ready Marginal Caution I 4ZI 4Na ' 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-2020-00M)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-2020-0056(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 ofproperty subject to the new DA in Section VIT C below) An updated conceptual master plan, shown in Section VII.K 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 VILE 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 McBimey 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 III. Staff Analysis IN ti I � 1'1 s SIffrHlrant grads + Farr s,d MrE*4i r'Laterals OM Watkins I kpin � � � _ - 'Nlliunu Pipeline a y * ' 4 0 MP rt } • e r _ 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 11-3G-3C,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 11-3G-3D,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 I Department Report III. 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. Landscaping is required 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 along streets 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 II- 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 uses 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 and City of Meridian I Department Report III. Staff Analysis eommereial portions of Bloeli 23 and an alley is provided for aeeess to the residential H rather-than a pr-ivate street. The addition of a public street will provide a named street for ftddFeSSifig the east f4eing units,provide for on street par-Iiing for guests of the residential units and provide a tFansition/separ-ation between land and Staff s 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. i ®r f pp 71, --------- ----- - - — -- - -- 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 integration Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. A Geotechnical Investi ag tion 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 narking 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 VII.L 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 design is 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. aa'' E. T ibe,.. er-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 meommends the neeess drive for-the residential units is uses.eonstr-ueted as an alley and a nor-th/south publime street is provided between the residential and the eommer-eial lots for-addressing purposes for-the east f6eing residential units,for-on street par-Iiing for-the residential units and as a transition/separ-ation between land The following is the existing layout and a concept layout showing Staff's 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: 1 1 1 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 III. 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. o- �•+. oo o _ter Y f r' a •, F. Services Analysis See Service Accessibility Report in Section VILB 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 11-3A-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 sidewa4ks/-pat1+ways along both sides of all eelleeter-streets . Gr-eseende St., S. Stiblimity Ave., E. Qttaftz Creek Apex Way a-ad El&vated Way) and within the ., ., . 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 allowin 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 narking 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 11-313-7C.2a. iii. Depiet 10 feet wide detaebed sidewalks,�p�ways along both sides of all eelleeter-streets (i.e Gr-eseefido St., S. Sublimity A-ve., E. Quaftz Creek ., Apex Way a-ad Elevated Way) and w4hin the street buffer-along S. Loeust Cifeve Rd., an after-ial stFeet,in . 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 parking lot on the commercial property. viii. otherwise...aivea by City rounei' City Council approved a waiver to the block face standards on both sides of Block 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. *i. Depiet a neffli/setith publie stfeet between the residential lots a-ad the eemmer-eial lets in Bleek 23 wit—h- king, at least e(1) side f the street xii. Revise the layout of the lots in Bleek 2 to eemply with AGHD's these lots on! have frontage on one (1)named stfeet-.Private streets were not required for addressing of these lots to alleviate the issue of lots having frontage 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 property adiacent 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-313.5 when counted toward open space requirements as proposed. v. Include mitigation information on the landscape plan that demonstrates compliance with the standards in UDC 11-313-10.C.5. vi. Depiet 10 foot wide detaeked sidewalks,Lpatl+ways along both sides of all eelleetoF st-feets (i.e. E. Gr-eseende St., S. S41imity Ave., E. Quai4z Creek ., Apex Way a-ad Elevated Way) and 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 11-3A-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 paFking on at least efte(!) Side Of the StFeet. x. Depict landscaping in common open space areas in accord with the standards listed in UDC 11-3G-5B. xi. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. xii. Depict oven vision fencing along the entire length of the Farr Lateral ad iacent 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 by the 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 by the Applicant in the exhibit in Section VILH 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.Kalternative 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 pr-i�va4e stfeets eenstmeted within the sub&visioa shall eemply with the standar-ds listed in UDG 11 3 F eaneuffently with the final plat applieation. it was detei:mined at the Getmeil hearing that private stfeets are not desired or-needed within this develepmea4.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 asset 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 buff-er to residential uses shall be provided with development of the eommer-cial lots (i.e. Lots 1, 5 a-ad 6,Blook 23). The,4ppheant requests City,Gquneil appreval ef no bufftr in Mis.area en Me C- Edited and moved to the DA section above(i.e. V.viii). 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 water-ways, e*eept natufal water-ways,interseeting, eressing or lying within the area being development are r-e"ir-ed to be piped tinless used as a water-afnenit-y of linear-open spaee, in whieh ease they may b epen as feAh in UDG 11-3A 6-..Delete duplicate condition (i.e. #12). 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 frontagepublic street; and address numbers shall be installed on the rear of homes so thev're clearly visible from the alley, as required by the Fire Dept. 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-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: 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. In opposition: None City of Meridian I Department Report VI. Action C. Commenting: Julie Edwards,Melissa Fulkerson d. Written testimony: Amanda McNutt,Brighton Copt. (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 screening pWoses. 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 property 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 frontage on a public 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 requested. 5. Outstandingissue(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 lam 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 dewloment 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 in 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 adjacent 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 b. the he Applicant; required a sidewalk along the northeast boundaryof f 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 length 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 parkinspaces 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. 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L-AKE=HAZEL`:ntRI111�j .watir:`�Sri L`Illrl! nnn 7 C�►�t1��� W IIIIIf IIAr11� aa��a�"�,� • 1 . /"•. • "i• 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 some 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 Im June 24,2024 Apex 5ubdIvision Project No-21.249 WibitA Legal Description for Deve I apme nt Agreement Modification(Apex Farr 5ubdiwWm) A parcel of land situated in a portion of Section 31,Township 3 North, Range 1 East,15-M-,City of Meridianr Ada County, Idaho,and being more particularly described as follows'. Cornmencingat an aJurninum cap marking the southeast corner of said Section 31,which bears =0 2'22"E a distance of 2,700_07 feet from a brass cap marking the ea5l 1/4 comer of said Section 31, thence following the easterly line of the Southeast 1/4 Df Section 31,NOO'32'22"W a distance of593.57 feet; Thence leaving said easterly line, N89`42'21 rW a distance of 67.25 feet to a 5/8-inch rebar❑n the subdivision boundary of Apex Northwest Subdivision No.1(Rook 124, Pages 19693-19693,records of Ada County,Idaho)and being the POINT OF BEG INNIW Thence foil❑wing the subdivision boundary of said Apex Northwest SuhdiviSion No-1 the following three (3)courses: I. N89042'2I"W a distance of 563,32 feet to a 5f8-inch rebar; 2. N39'31'DD"W a distanoe of 11.71 feet to a 5/8-inch rebar; 3. N39'43'08"W a distance of 1.50 fleet to a 5f 8-inch rebar on the subdivision boundary of Apex Northwest Subdivision No_2(Book 124,Pages 19$44-19$47,records of Ada County,Idaho); Thence leaving said subdivision boundary of Apex Northwest subdivision Na. 1 and following Said subdivision boundary of Apex Northwest Subdivision No.2 the fallowing seven(7)courses: 1, N00'16'52"F a distance of 528.00 feet to a 5/8-Inch rebar; 2. 14.14 feet along the arc of a circular curve to the right,said curve having a radius of 9M feet,a delta angle of 90 '47",a chord bearing of N45'27'15"E and a chard distance of 17.73 feet to a 5/8-inch rebar; 3. 589'42'21"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; 5- N89'42'21"W a distance of 130.00 feet to a 5/8-Inch rebar; 6. S70'21'17'W a distance of 24.92 feet to a 5/8-inch rebar; 7_ N89"42'21"W a distance of 47.64 feet; Thence leaving said subdivision boundary of Apex Northwest Subdivision No.2,N47°56'33"W a distatice of 251,11 feet; Thence N48'54'WW a distance of 47.18 feet; Thence N47'51'19"W a distance of 1,1538.44 feet; Thence 542'UB'410W a distance of 461.91 feet; T#ience 50.41 feet along the arc of a circular curve to the right, 5ald curve#laving a radius of 60.00 feet,a delta angle of 49'08'12",a chord hearing of 56-6'1 2'47"W and a Chord distance of 48,94 feet; Thence N83'43'OW'W a distance of 40,82 feet; Thence N44'07'12"W a distance of 21.37 feed; 7henre 19852 feet along the arc of a rirrular curve to the left,said ounce having a radius of 311.50 feet, a delta angle of 36'30'56",a chard bearing of N22'16'05"w and a chard distanre of 195.19feet; Thence N40"31'33"W a distance of 241.33 feet; 5725 North Discovery Way•Boise,Idahv 8371 •208A5 9.6939 kmengllp.com 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 263,50 feet, a delta angle of49"31'13",a chord bearing of P465`17'09'W and a chord distance of 219.04 feet; Thence 589`57'15"W a distance of 450.61 feet; Thence_5W02'450E a distance of 31.50 feet to the southerly Ilne of the Southeast 1/4 of the Northwest 114 of Section 13; Thence following said southerly line, 589"5715"W a distance of 529.87 feet to a 5/$-inch rebar marking -Center-West if 16 corner of said Section 31 also being the southeast corner of Prevail Subdivision No. 1, Back 120,Pages 18715-18719, records of Ada County, Idaho); Thence leavirig said southerly line and following the westerly Iine of said Southeast 1/4 of the Northwest 114, N00"31'1VE a distance of 1,326.96 feet to a 5/9-inch mbar marking the Northwest 1/16 corner of said Secticn 31 (also being the northeast corner of Prevail Subdivision ale_2,Book 121,Pages 19054- 19057, records of Ada County, Idaho and being the southeast corner of Prevail Subdivision No.3,9e0k 126,Pages 20182-20184,records of Ada County, Idaho); Thence leaving said westerly line of the Southeast 1J4 of the Northwest 114 and fallawingthe westerly IIn-e of the Northeast 1/4 of the Northwest 1/4 of said Section 31, NWZO'�6"E a distance of 2 06.99 feet to the northeast corner of said Prevail Subdivision No_3; Thence fallowing said westerly line, NDY2V36"E a distance of 24.96 feet; Thence leaving said westerly line, N81°55'55"E a distance of 531.16 feet to a 5J8-inch rebar; Thence S25'53'15M a distance of 7.65 feet to a 5/8-i nch rebar; Thence$82'35'12"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 arc of a curve to the left, said curve having a radius of 58.E feet, a delta angle of48'23'56",a chord bearing of 522°4616"E and a chord distance of 47.55 feet to a 518- inch rebar; 2. SW58'07"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 fadius of 588.00 fact,a delta angle of 15044'2V, a chord bearing-Gf 562"15'470E and a chord distance of 151,03 feet to a 5/8- inch rebar; 5. Thence S70"14'4WE a distance of 112.44 feet to a 5/8-inch rebar nn the northerly llne of said So utheast 1/4 of the No rthwest 114 of 5ectio n 31; Thence leaving said northeasterly bark and said northerly line,519°57'31" a distance of 12.12 feet to the centerline of said Farr Lateral, Thence following said centerline the following three(3)courses= 1_ S70°(17'29"E a distance of 9-75 feet; 2, 562°02'58"E a distance of 207.13 feet 3. S65°37'43"E a distance of 186.17 feet to the 4�,�sterly line of said Southeast 1/4 of the Northwest 1f4; Thence leaving said centeHine and following said easterly line,500'38'17mW a distance of 30.20 feet to a point on a line being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral, Thence following said link the fallowing fourteen �14)courses: 1. 553455'51"E a distance of 237,97 feet; 2. S67`14'14"E a distance of 113,95 feet to a 1/2-Inch rebar; 3. 572"17'39"f a distance inf S7„22 feet to a 1/2-inch rebar; 4. S78°5Y$8"E a distance of 439.81 feet to a 1/2-inch rebar; 5. 57545510''E a distance of 99.84 feet; PAGE 12 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 PAGE 3 City of Meridian Department Report VII. Exhibits I Q�Q C7� �f7 I o � I z r M WCD w - m I I MTF � I III I I ro RHE ° Q Emn z zo I—z + W" � f4 Locust Grove Rd. r � , km z 0 0 E N G I N E E R I N G 5725 N.71H UINCRTRY WAY 00:115E,�Mb UR3M PHONE 4748I fi54E%39 Exhibit 9- Apex Farr-Subdivision An4n�llp cool DA Modification � CAiE: lure Yd2� PBNeCT: 7L-7aa SHEET: Situated in a portion of Section 31,T,3N,,RIE,,XM-, 1 OF 4 City of Meridian,Ada County, ID City of Meridian I Department Report VII. Exhibits ,f,3 L1 S4009'47'E 1 B9,67' D� S55'41'16'E ,q�, 45.29, I GONE 25—FT MUTRWE5TERLY 54-747'4d"E OF CENTERLINE OF THE 149.42, I'll- FAM LATERAL 94733'25"E 94,86' 554'34"1 CIE 5 5J , 4' NB9'57'56'E MUNO 9E'ASS GAP E. 1f4 CORNER SECTION 31 tf Ira lei � L ! N a.+ N48's4'M-W u�r N4758'33)N 251.11'N ' 0 400 goo 1200 La � L3 N99'42'2114 La Plan Stile- V=400' 13G.4D' Lib nc> N0417'3+2'E G� 67.30' L1q FApoxorthwest _ ` 42'21"E sion No.2 t - L LM 118742'21'W L25 "a N(~ rJ��'.�• YS ifs I III { POINT OF BEGINNING Apex Northwest N89.42'21'W i Subdivi5lon No. 1 87•25' (TEE POINT OF COMMENCEMENT E. Lake Hazel Rd,T.3w. R IF-3i 3a km ENGINEERING T.2rd., .1E. 6 5 5725 NWH 015COYERYWAY UME,iP#HP p}7L� PHONE Ito)op- " Exhibit B-Apex Farr Subdivision W°''fk{"" L)A Modification 6n7E� lu8r]PYi ' PBQIECf: 73-7�,6 SHEET: Situate+ in a portion of Section 31,T-3N.,R.1E.,B.M., 2 OF 4 City of Meridianx,Ada County,I City of Meridian I Department Report VII. Exhibits % % E < ? \ \ $ 6 ; < 3 < 8 § w ' L-7 =� 7 �z Kj L , P a § 2 T § G § / § }) | / \ _ £ _0 � �22 � � §@ � § d � §§z e d rn � �§ h�2 a . $§ /§ N. eke - — §- � - - — � �a � _� — — — — ) _ z& KR§ § _ o fqP *' \\ �& � �Ln t / 2 � ( § §� ? S | _ _ TP §k 2 � } , © k j % ƒ | � � � , S wi Z ENa1NEERINa _ n._RYWAY 713 CI� � Exhibit B - Ap@x Fa t Subdivision kme® DA VodMt%n ! DATE: a__. | .RC*"CT, mm § Sites Gd » a �mo,G mon ] �3 , %lErBm, 3 OF 4 City of M@Hd§m County, g City of Meridian I Department Re o4 V11. Exhibits LINE TAKE LINE TABLE LINE BEARING DFSfANCE LINE BEARING DISTANCE L1 N3T31'OG-H 11.71' L14 500'3$'1?V 30.20' L2 NB4'43'06'W 1.54' 05 S61'21'11'E 24.44' L3 57721'17-R 24.92' L18 N89'42'21"W 63.22' L4 Ne8'42'21V 47_154' L17 500'17'34JW 87.59' f.5 N139 4'3-c6-W 44,82' L10 599'42'21% 113.14' L6 N44'07'12'W 21,37' Li4 521'0721-E 18.06' L7 SOR'02'451 31,50' L21 S0545'44"W 94.42' LB N00'20'36E 24.96' L22 SW3212�E SIM' L9 S25'53'WW 7.65' L23 S24'4E'04"W 28.13' Lip 592'35'12-W 8.1W L24 NB9'4212N 3.19' L11 S475S'07% L5.40' L25 SW17'3911' L12 519'52'31'W 12,12' L13 M'07'29'E 9.75' CURVE TABLE CURVE FLADIUS LENGTH DELTA CHORD ERG CRORD r el 9_00' 14.14' 90'064-7- $44517'1651 12,73' C2 90.00' 50,41' 48MB'12" S66'12'47"N 48.94' C3 311.50' 198.52' SY20'56" N22'16'05'* MAR' k C4 261_56' 226_D1' 44'31'13" N65'17'09-H 219.04' CS 58.00' 48.99' dw23'S6" S22'46'16"E* 47SS' i CB 58a-00' t61.54' 15-44'26" S62-1547-E I al.03' : km i r Y t i 1 f L h 4 r F E N G I W E E R I N G L s}2S WIRTH OISCIWIFLY WILY BLd4-IDAHO SP13 s PHONE I209)M-C 3B Exhibit B-Apex Farr Subdivision DA Modification k Plue: !inr 2a2A r PRQlEC1: 21t�B SHEET: Situated in a portion of Section 31,T.3N., P.1E.,S.M., 4 OF City of Merldlan, Ada County, ID City of Meridian I Department Report VII. Exhibits D. Rezone Legal Descriptions &Exhibit Maps-REVISED im. 9233 WEST STATE STREET I BOLSE,ID 83714 I 208.639.6939 I FAx 208,639.6930 April 30,2024 Project No.21-248 Exhibit A Legal Description for Rezone to R-8 Apex Farr Subdivision A parcel of land being a portion of Lot 1,BIOck 5 of Shafer View Terrace Subdivision(Book 128r Pages 20722-20730,records of Ada County,Idaho)and further situated in the Northeast 114 of the Southwest 114 of Section 31,Township 3 North,Range 1 East,B-M-,City of Meridian,Ada County,Idaho and being more partfcularly described as follows; BEGINNING-at a 5/$-inch re bar marking the Center 1f4 corner of said Section 31,which bears H89'57'15"E a distance of 2,507.62 feet frorn an aIurninum cap marking the West 1/4 rorner of said Section 31,thence fallowing the easterly line of said Southwest 1f4,540'17'55"W a distance of 270.83 feet; Thence leaving said easterly line,8,54 feet along the aTrofa cWularcurve to the left,said curve having a radius of 280.0D feed,a delta angle of 01'44'51",a chard hearing of N39°39'o7"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 left,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 chord distance of 192.66 feet to a point on the northerly line of said Southwest 114; Thence following Bald northerly line,N891715"E a distance of 338.68 feet to the POINT OF BEGINNING, Said parcel contains a total of 0.758 aCreS,more of Iess- Attached hereto 6 Exhibit R and by this reference Is hereby made a part of. ,.. 124 59 D OF L. ENGINEERS SURVEYOR$ PLANNERS City of Meridian I Department Report VII. Exhibits POfNT OF BEGINNING CENTER 1/4 CORNIER SECTION 31 Iw FOUND 5f8" REBAR Proposed Apex Farr I r Subdivision BA515 DF BEARING 36 31 NI99'S7'1 25d7.fi2' 2168-94'� N89-57'16-E 339.68' tit Rezone Area:0.758}AC. Portion of R7824251260 I WEST 1/4 CORNER SECTION 3E Current Zoning; R v FOUND ALUU114UM CAP Propmed Zoning: Proposed Apex Farr Subdivision Proposed Apex West Subdivision � I Shafer View Terrace Subdivision CURVE:TABLE CURVE RADIUS LENGTH DfLTA �HORDBRG CHORD C1 280-00' 6.54' 1'4-4'51" N39'39'07"W 13,54' C2 230.00' 199.79' 49'31'13" 1465'17'09"W 192.66' 0 100 204 300 Plan Scale 1"=100' ENGI NEE FLING 029 r4OKFH DiSO0,Mr WAY MSS-MAKIB9713 P"E4208.% .;9-ae3s Exhibit B - Rezone to R-8 kn--wilp,coot ,apex Farr Subdivision DATE April toes vWAU: 21-249 F HEEr: A portion of the Lot 1, Block 5 of hafer 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 HEET: City of Meridian I Department Report VII. Exhibits km9233 WEST STATE STREET I 110ISE,0 83714 J 208.639.6939 1 FAX 208.639.6930 October 15,2024 Protect 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 5ectic n 31,Township 3 North,Range 1 East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the 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, N00"32'22"W a distance of 660-07 feet to the POINT OF BEGINNING. Thence leaving said easterly line,N89942`21"W a distance of453.05 feet; Thence N00"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 1f4; Thence following said easterly line,SU0°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. w I JCLI a124590 OF ENGINEERS SURVEYORS J PLANNERS City of Meridian I Department Report V11. Exhibits 3i 32 EAST 1/4 CORNER SECTION 31 FOUND BRASS CAP Proposed Apex Farr Subdivision d- E. Crescendo St. 589`42'21"E 444,1 ' Proposed Apex Farr Subdivision o r, oz n�sv Rezone Area: 6.419±AC- Ld LL IN Portion of S1131449000 & �,❑ ak o > �!n S1131449810 M ua a o Current Zoning:R-15 $ o o ¢' � Proposed Zoning: C-C V `� Q. EL Q un- ¢ Q ° d 2 } V) O L y U C] J POINT OF E. Phenomenal St- EEGINNING N89'42'2""W 453.Q5' r* of 0 Apex Northwest Subdivision No. 1 I hl ' O POINT OF COMMENCEMENT z SOUTHEAST CORNER SECTION 31 FOUND ALUMINUM CAP E. Lake Hazel Rd. T.3N.. R_117, 31 32 N T.2N_, RA E. 6 5 0 153 Sao ISO ! tJGINEEIING Plan Scale: I" 15C' 57zS NOFLTH DISCOVERY WAY BOISE,IDaHOO nA PHOW(208)639-039 Exhibit B- Rezone to C-C kmengllp.Com Apex parr Subdivisiarl GATE; Octoheri 204 PROJECT; 23-2�9 SHEET: A portion of the SE 1/4 of the SE 1/4 of Section 31, 1 OF 1 T3N, R1E, BM, City of Meridian,Ada County, Idaho City of Meridian I Department Report VII. Exhibits km 4233 WEST STATE STREET I B015E,ID83714 � 208,539.5939 � ��+7{208,639.6930 April 29,2024 Project No_21-248 Exhibit A Legal Description for Rezone to R-8 Apex Farr SubdTvTsTon A parcel of land situated in a portion of the South 112 of the Northeast 1/4 of Section 31L,Township 3 North, Range 1 East,B.M., City of Me rid iartr Ada County,Idaho and being more particularly described as follows; BEGINNING at a 518-inch rebar marking the Center 114 corner of said Section 31,which bears S89'57eWW a distance of�,501.37 feet from a buss rap marking the East 1/4 corner of said Section 31" thence following the westerly line of said Northeast 1/4, 1`400'1817"E a distance of 1,11236 feet to a point un a line being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral; Thence leiWng said westerly line and fallowing said lire parallel to the Farr I,ateraI the following fourteen (14)courses: 1. S63"55'51"E a distance of 137.97 feet; 2. S57'14'14"E a distance of 113.95 Peet to a 1/2-inch rebar; 3. 572'17'39"E a distance of87.22 feet to a 1/2-Inch rebar" 4. S78'53'58"E a distance of439.81 feet to a 1/2-inch rebar; 5. S75"55'10"E a distance of 99.84 feet; G. SG1°21'11"E a distance of 24.44 feet; 7_ 546'09'4rE a distance of 199.67 feet; 8_ 555°48"16"E a distance of 45.29 feet to a 1/2-inch rebar; 9. S62'37eWE 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_ S47'33'25"F1 a distance of 228.36 feet; 12, 554'34'1U"E a distance of 104.95 feet; 13, S59°52'47"E a distance of 94.85 feet; 14. 565"32'37"E a distance of460.70 feet to a paint on the southerly IIne of said Northeast 1/4; Thence leaving said line and following said southerly line, 5W57'55"Val a distance of 2,210,b1 feet to the POINT OF BEGINNING. Said parcel contains a total of 31.272 acres,more or less. Attached hereto is Exhibit Band by this reference€s[Hereby made a part of. (,J E T 42 0 ow or L. B ENGINEERS C SURVEYORS I PLANNERS City of Meridian I Department Report VII. Exhibits oyepl 'hquno:) ePV 'ule'p!Ja 10 AID '4N8 '3T�J `NU T �O T 'LE u014�8s f° 17/1 IseaTIJON aql Jo Z/1 HInOS GHI P uoiIJod V :133H5 u❑ISIIUpgn Jiej xadV rzaz JIJLV 31'JC wo�+tlp9u:+yj g-b of auazau -9 1Fg itlx3 ben- 9:RQ0190o f l ETIE9 0WVQL"35100 AtIM A8IAMSIQ H WN 5245 9Nlil3 3 N F 0 N 3 p anUJO Tsnuol 'S -M LLril m r CL CN "3 m r CJ rwn P3 §lg w ` Of 2 w *i ono yy " ,a w nai on MC d 2 -aen c cv v � a v a ncmvcv° o v r� spa rU'�L Q LL 6 so— w ' t w ' Oy fk ,3 N ti. �i7 o to .. vin co w +Iin o a s C r+-I o c3 o m O Ln T 4 aj � � N u7 'L w rn CO {f} cc m ao � r cn � TLO di _0 O 1k: ❑ 4�7rn O z M r2 O w p 96l l4 „LC, ,OON aaeA xadV pasodo,ld City of Meridian I Department Report Vll. Exhibits E. Preliminary Plat(date: 5/1/2024)& Phasing Plan e� I x h= 3 �S om 4d� W� a I ;z a ' H�ca o o m 0 I a s mo Z) -Z_ Zu-2 E-- ------ cCWoc� x � a Rol hg �aa e F, s �� ��! III as �_. stl 3g iia�i. e- � '; iss� - R••' a � � j a IN g� i a.. o a a K Ot H 11 11� t FC City of Meridian Department Report VII. Exhibits Ir @F r gig - Ilk /I -- �p - _ ea � City of Meridian Department Report VII. Exhibits It iii BBB g4 9 Sv�e lA •' `:. 4: ` -- B �� �- - wig w--�—_�_�'. ._'•'Y;;,^ .X( '','•' k � °e`�t-��, � ,$'�'d!GCS�04:�9�Og_Cg QO �Dg� �� : ' •�``��: � "' ne a O n9 9 ;' s al �_�'--- - u: �f--- ag � fir• _ �! w Cg�o�tl�4gog cg o�tl�4 &11@110 go�4� e s� �. h M W 8 8 4 T4 x�N ol L"ll Aemse� i �: � � R o�� City of Meridian Department Report VII. Exhibits 9® aP 9 x ❑ x ya3} ,% � 3 C�i� t a ■ e 41 Y .y A ai CD 4 01 A g a Cg w �! d (0 �� e _ n Oct 'z al a = ----- as _ ®j ®p C� 9 -�,' �8- '4w, All - RC: _ lltl[[-J�: .. Cie 51 y�.9p ss AS a;: ell. ol6, Y l A ' - i a C7 City of Meridian Department Report VII. Exhibits If � sF e � S x x m—� �o ! � y • S rg Cj LU di U NIg OS S 8:: a �C I•$ G�j � '� �«. ,� � ice, � �R. � W 1 ®a Ocs I t ®� �oa cal 1 aS wl$ v 1 C ° 's y w Im.. n� m.. inn �e •• x- m+. m.. m�. ?.. x� I 8 cl $ A 1 " v - 1 City of Meridian Department Report VII. Exhibits N =6.NIv.lI5e» IP aF l 5 O g o. S•9 �� � g , r I 1 �•_�_----�"� ... � IDS"' '�n ^$ CgPo a� A �lb 'elf, : X. y.. -- -----� —r�--- . . . . . — --- — __ Ldd 133H5 335-3NIl HJ1tlW F _� I City of Meridian Department Report VII. Exhibits 9 � Ia ys a6 :P 12 vF a 2 O Nil m yx w Q I 1 _ — fr' R al __J PR •' L•♦ I 1 -.� [rc�- rw�[ µw xr< ,ao� n[[ ma po[: wr��: rir .wn ss`[ .retie , —o— _�•: -x'�3 °�� ��'9 ��9 ��e H�'� °�+'� a®g �c9��.��® � spI� ��e B a mr lo—,t—1 o •I � yH I I I -TT---T----T---T—T- - - - I I I I I I I City of Meridian Department Report VII. Exhibits Phasing Plan: a°a � c c I c a „mow o o v I ° I e # --- ice--=--- II I — Traffic Calming—Bulb Outs and Choke Points: # 4 u + } }• P uu�Y } b # G \ # Q F b # p � 6 O-0 O ¢� + # 4+ I City of Meridian Department Report VII. Exhibits F. Common Driveway Exhibits 9-zsi71,309 zE 2gu,WONOM \} n ml�ra� ,w % )) {2 N�wem,a x¥ / §§ � _ « � §m� .eel ®���■ _ �--/\- -----\ \ - --« /§[ . � I >m. } .� ` I 3 0 / e k \_ � � R 12 of `��\ /\ K3ff � � • « �\« + : - : _ � � —51� G\r __. § m.i � §■ / » , § — — - �` u 2& PRESSURE __> ` . K§:! M$§ m_m�BE §mN®|! \ s B� f!§K a= fed!§ _ ,\ ) � -� ^k § S City of Meridian Department Rep o4 V t Exhibits OZ-SG SiOl L)U019 21 p * K S1191HXI 31Hl1❑140INI140? W€ pr w a oMd01"NviaN31A �g � CL ! o� No1SIld09f s,d,dvA x3dv �� 7a z 0 Fmq • �FY ZZ�JQ W W 2 I 97 ,cam 4 .6�- , �I I I m� = �� J. p4 z4m COMMON» 2d I v .. DWE IT S.TRA NSCEN6 AVE, � zo l SIDE O 3 _ I .-i MOM- �1 -:d i� � wI 11 ,Zt I J 4 ao 20, � a�3 m 10, o �oHo� rr w o •' I I i 10, PRESSURE ASEMENT ToBE DETERMINE6 T� RNAL PLAT City of Meridian I Department Report VII. Exhibits SE-bE ? 51I8IH7(3 3AIaq NOWWb:) W s a � dy WRCF w �Y OHV(31'NVlal83W ?g NOISIAla9ns uuvA x3dV z * L PRESSURE IRRIGAMON EASEMENTBE TO BE DETERMINED AT FINAL PLAT I SOE cc � , s C 'n DL _ � 6poinpz x=� c72olail SIDE- NLL Q� ¢3 I � E.SKYBORN DR. s S14E� in y I I � ❑i s: SIDE '- J & COS, 95'�D Ua -1 SIDES s Q mw zm o 3w O SfDE� j1J M z 9-9 L 12' O N p o�NO O II m J I —L---� sIDE-------- O ------- RL — — ----- PI PI PI PI R PI PI PI R ip W am4 (]Dag i R lGGn]]��4 � o a City of Meridian Department Report VII. Exhibits O M,ryry ss-Es siai zt Njois 51181H7C3 3RI210 NOWWO3 WAR Ln w o� OHtl01`NVl(llH3W �g a �s pryy �pM• _ zW� f m ��s rf/ i% ® � \�♦ \ r 12 v iS :n 4: X CL LK m mm �m e' 7 ® 12 10 ❑ow =3Ne CQ 20' m yoc�wa� U cD'a oo� �,p�P M.p M.P A�8 Alo A1,8 r S.EXALTE U AYE. City of Meridian Department Report VII. Exhibits w„ 9L-T L SlOI ZT ll3Ol9 S119111A7C3 3AWO NOW WOE Rw w o¢ taj_ OHtl01'Ntl101l13W g11 a =orN Q' AAY„ NOISIAI49AS'd"3 X3dtl I I 1 f I P, IsI s1DE �� m ado do a SIDE u0 n SIDE ' G�a 2 �w0 ors IVld lVNIJ 1V IsI ,� 0 All 030NIIYN3 35V3 SIDE- Vf NOI1V;llbal o� aanss3ad 12 O 10 20' II o I IsI — SIDE Z- w mQ�Pm O tia o� Ell sD' +y z y 1 1 z' l _ 1 6 s r Sad 12' Of "� P'�" '.••/ n r-I 'p \ SIDE i/ ... ul / H *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 Slal 9T A3al8 = q o * . 6 S1181HU 3AWO NOWlNO3 W A R . K Nv1swciens aatl3 X3dtl 1 cd � I I I Isl WY� I I 5mW❑ a �� Sasso 14 I C]_Wm 1 o' s PRESSURE IRRIGATION '3Atl a31W3ad'S / EAS- TO BE ETFRuI ss lJ � ERUINEO AT ..,�:.•.. FINAL PLAT _ y. ~3AWO .az 510E NOWWo7 I I o N c R 3Jtl}Jyj� mod � of o+ I of r mNw 5 I-�.S S Y a o�z vj a Om mz ao� is a l O= II �WF am4 C� F �OpgJ o��3a City of Meridian Department Report VII. Exhibits G. Private Street Areas Iznd 2 An s x O m- �� � Ri A� G 9 fltttt a, j` B al X. + ' /. ,'';,; b I ".ta•/ '��g 9 RAJ �C�J % � s ,'. R - ---• r-------- --- -- .TY: :ice-7a i. ......• . --. - - ----- r' . --- - fl I`--- eesmoo.--- - --�- r�rrr�rr rr r—r r r r--r33H 4'Zdd15335-3NIl HO17W 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 •1� IIILLL i LI / • Y I � ��A A A 4 a a ' � g a I I - - • - • ____ flY rnsYtltt _ _ _ __y _ _— - I/ I I II I I I I I s i I I F I I , I � --T--------------7--T—T"��-T1- ----II I 1iy �— City of Meridian Department Report VII. Exhibits I I e®®®A©o®0®0®®®®©ease®0a©aa00000oo©00a pOpp901100101® : 00000ao - OBBA000®G®0@AA®oOAAooA9o9AA©00000A09®= - �11111100000000900011111111111111011 � - • = �000000000000000000000000000000Igloo m00000 01111111 ©0099110111� � ��: :: - -������������������I�������� ����- .®111111111 ������- •- �11191111A11 _ ®©mm®�mmmmmmmmm■ommmmam®■moommmmmmmmmmmmmmmmammm© oame©�meeeeeeem0oemmmoe®�eoommmmeveeeeeemmemammm® - ."®®©oOOCOCOC000000A9AG00©00®■OBAGI�0�C99oC9�o000o ®0000000000�000■■0���®0®■■■■0�0000000000omoo0mmm= . d _ MEE ma LEA SIR i H min T . =p gar �N_ G � � � � e� a ®i a���a3g � s#4#,���@ ��a= � �s y � � � � ❑ @Cgp 6 44 @ii M� s � i•� @eA�' b§ ��. 3- �`s�e ii5-§#� ���'' � S� 5 ; �5 3 � F 1 gaa GCXDO _ 0 � Hi i il � �BFg gp�Y�o agFg�tl� a 9 ����� p��� �-' •• O m 1� yr o'Ilk t l I. o W ° I ... = - 8 w E a o ... L C }; :•=:=:=:=:I:r o 0 0 0 o P o a o 0 o P o 0 1` w City of Meridian Department Report VII. Exhibits � '� �$� ���fi� � �� �a �� �S �'� L � 9�§����y pe�� �EUCi�i^3 gE�a:�x��y��a� dY�a�S•�4�$ ��$2��G ! C � �• k b H v�0a Opo 22 S 101 (DOOO i N Oz a / t I od i bk • I . ® p _ ar �• I 4 Q iao n ° a LU ® ry a� City of Meridian Department Report VII. Exhibits � � gg pp§u� ggug gg 3 � s y 3 $s"�� 9g§ € � � 1' a 3� r� �&� ¢��€" � S`d g�Y cgs gs;.g a. f y 9 y ka g e; 65'=_i 11 0 O� 1 €ie 9r e�a e �as$7," ei 3 11�9. �ganlul I H, ? k p H J o 00 1r'-- f" y 2~ i€ 1 F g g yea o Ily E. .... c-ate•:.-: _ -.tea.. r� D r ® ® m ® ® lb i e D � � f 1 f u O I i f1 1 r J ' I LLJ 1� r City of Meridian I Department Report VII. Exhibits Fencing Plan: w' a P ¢a y�8 ¢O� aa� y' xga e e G € tl�tl Y -e 5 5 5 9 @ 4 1 0 @ PI HVIIIII '/ x• �V -I� I 1, GOD qP 9 ! m Q9 CL uj :9 z re W W CC 0 — a amomarve� EmomUc•�U City of Meridian Department Report VII. Exhibits pp =1 Q Q Quo@ a s h YR !fb G w 7 a Y I F Rs � la #E o L a H a to 00 y A Q 6 q R�� i s gIF � loi E IQ sP a s A i3, ! if ` Qf F --- s a a n efEi F � S + lei � z Lr7 aQQ9 �, ❑ ------- O 0 R3 !Q I 5 J.i 9 11Q 0 0 0 City of Meridian Department Report VII. Exhibits i 1 I 0 � Q) V +j I O• Q) { I C tU� I I nn11 I W d0A d01 d01 Q III . a� II I 5 �� 11 C LL J I 0 L � L z o W � Z W o n1 (/I{�1 � d0A d01 d01 Sq Y! / O Fwma }� 04J�0� mWH�Q. ci Z �O1�� d01 d0A d01 o� N N I Va W cn w L }, O Q) 0 U � N L O � Q 0 � O vfr yJM Q vr�Q) t]A v L � W -N U_ QJ a O +- a C V s •• Nr �J City of Meridian Department Report VII. Exhibits ®m0ommememmmemmmmmm000cmom0am0ammam0ommmm��moo -�00 OIIIIII� Am mimics g=� illllllllllllli iI�11N1111 i� 0 1 � a 'l.11llllllllllli��Illllm a EIIIIIIR ELM 4 � aM .: J. Pathway Exhibit >r x l T 35:11RJif�iCil'; City of Meridian Department Report VII. Exhibits K. Overall Conceptual Development Plan 7 '� �i [/��] �:' _ _ _.':dal•. Rr +' _ �- - x w I nx anox�,smm's - I . _ 1 Z VI cE y" 7 rti •ox llrlar3w�s City of Meridian Department Report VII. Exhibits L. Conceptual Building Elevations for Residential Units I Non _---MW 31 y. PI r •• ■■■■ 1 w ,a r 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 � It AliI 450 SO FT BACK �� 3w SQ 8 SIDE YARD ;KLANE)SCAPE `STRIP .r- - E: JJJ may ' x DRIVEWAY EQ 71 T '35' � 25'LANDSCAPE v Looking North OF, 10 1R. I Owl I PRI I I .... .. ... ...... APEX FARR BLACK 23 City of Meridian Department Report VII. Exhibits Looking West 00 10, 4�~ ;fir ' [r;•at =r - .rt '4 - `hames -_�- + +t APEX FARR ' BLOCK 23 ' Looking South APEX FARR BLOCK23 City of Meridian Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Calvary Chapel Meridian H-2024-0020) Between City of Meridian and Calvary Chapel Meridian, Inc. for Property Located at 3600 W. Nelis Dr. ADA COUNTY RECORDER Trent Tripple 2024-068939 BOISE IDAHO Pgs=26 BONNIE OBERBILLIG 12/04/2024 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Calvary Chapel Meridian Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 3rd day of December , 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 Calvary Chapel Meridian Inc., whose address is 3600 W. Nelis Drive, Meridian, ID 83646, hereinafter called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 3600 W. Nelis Dr., Meridian, Idaho 83646, and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form,recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for rezone of 8.41 acres of land from the I-L zoning district to the C-C zoning district and a request for a new development agreement to remove the property listed in Exhibit"A" from an existing Development Agreement recorded in Ada County as Instrument #104093293 and subsequent addendum recorded in Ada County as Instrument #112054621, and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—CALVARY CHAPEL H-2024-0020 Page I of 8 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6ffi of November, 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 1.8 WHEREAS, Owner/Developer deems 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 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Instrument#104093293) and subsequent addendum(Instrument#112054621) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 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: DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 2 of 8 3.1 CITY: means and refers to the City of Meridian, a parry 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 Calvary Chapel Meridian Inc., whose address is 3600 W. Nelis Drive, Meridian, Idaho 83646, the parry that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument##104093293 and subsequent addendum recorded in Ada County as Instrument#112054621, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. The Owner/Developer shall comply with all previous conditions of approval associated with this site (i.e., H-2018-0031 —CUP; A-2020-0009—CZC/DES; A-2024-0028 —CZC/DES). b. Future development shall be generally consistent with the site development plan included in Section VII.0 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. The use of the subject property is restricted to a church or place of religious worship as defined in UDC 11-1 A-1; and a private education institution associated with the church. DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 3 of 8 d. The Owner/Developer shall comply with the specific use standards listed in UDC 11-4-3-6—Church or Place of Religious Worship and 11-4-3-14— Education Institution, as applicable. e. The Owner/Developer shall submit a Certificate of Zoning Compliance Change of Use application to the Planning Division of the Community Development Department for approval of the private education institution use within sixty (60) days of City Council's approval of the Findings of Fact, Conclusions of Law and Decision and Order for the subject rezone application. f. The Owner/Developer shall submit an application to the Building Division of the Community Development Department for a new Certificate of Occupancy for the church and private education institution use after obtaining approval of the Certificate of Zoning Compliance Change of Use from the Planning Division. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within sixty (60) days after the date of the approved 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's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 4 of 8 action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate,but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance rezoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements,which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 5 of 8 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Calvary Chapel Meridian Inc. 3600 W. Nelis Dr. Meridian, Idaho 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry 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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 6 of 8 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Calvary Chapel Mer'dian Inc. its: STATE OF IDAHO ) ss: County of Ada ) On this —0 day of Vf1hWA9t1-- , 20 11-1 before me, the undersigned, a Notary Public in and for sa'd State, personally appeared ,known or identified to me to be the/ -rQ Qalvary Chapel Meridian Inc.and t e pe son who signed above and acknowledged to me that they executed the same. IN NVITNW M IIVB OF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.` R PRO, �•(SLA�f Z p pUBL%G �� ? = My Commission Expires: O EI •�No. OF•,OP \�� CITY OF MER 1j.VVN ATTEST: By: Mayor Robert E. Simison 12-3-2024 Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO ) ss County of Ada ) On this 3rd day of December 20 24,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-CALVARY CHAPEL H-2024-0020 Page 8 of 8 EXHIBIT A 5awtooth Land 5urveyincg, LLC A. " 2030 5. Wa5hinyton Ave. ,1�5�LWrOOrf Emmett, ID 836 17 J I I P: (208) 398-8104 Land Survey;��, LL-C F: (208) 398-81 05 Description A parcel of land being all of Lot 4, Block 2 and a portion of the West half of West Nelis Drive as shown on the Plat of McNelis Subdivision, Book 100 Pages 13082-13084 at the Ada County Recorder. Said parcel being located in the South 1/2 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 4 and the POINT OF BEGINNING; Thence N 8013141" E 287.40 feet; Thence S 86151'15" E 501.30 feet; Thence S 00001'19" E 251.04 feet; Thence S 5204439" E 374.70 feet to the Centerline of West Nelis Drive; Thence along said Centerline a non-tangent curve to the left having an arc length of 68.36 feet, a radius of 400.00 feet, and a long chord that bears S 23059'36"W a chord length of 68.27 feet; Thence leaving said Centerline N 80050'56"W 259.19 feet; Thence N 89043'00"W 379.54 feet; Thence N 37025'41"W 130.00 feet; Thence N 43006'33"W 45.13 feet; Thence along a tangent curve to the left having an arc length of 152.82 feet, a radius of 290.92 feet, and a long chord that bears N 58009'30"W a chord length of 151.07 feet; Thence N 73°12'27"W 105.95 feet; Thence along a tangent curve to the right having an arc length of 122.51 feet, a radius of 100.50 feet, and a long chord that bears N 38017'09"W a chord length of 115.06 feet; Thence N 03021'51"W 140.80 feet POINT OF BEGINNING. 5�`oNGL S Containing 8.406 acres, more or less. °` 19599 161$ OF A. S1 1 of 2 THIS DESCRIPTION WAS PREPARED FROM RECORD DATA END OF DESCRIPTION I I LANp Sli 19599 OF SOP O A. S� FIVE MILE CREEK - - 287 39' S 86051'15"E 501.30, NS0=1"_E� _ - -- -- :� -� Z-� NTS ri I oLn I � a 19599 2 ti o 0 PARCEL ( BLOCK 2 8.406 ACRES± ` LOT 5 lv j�jOs IV .9S' NE Ml� LE D\ 06, �'90 LEGEND --- PROPERTY BOUNDARY LINE �� - - RIGHT OF WAY LINE \Go�'� ff CENTERLINE N N _ V CALCULATED POINT \ BLOCK 2 056°W S 19� LOT 3 r CURVE TABLE CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH Cl 68.36' 400.00' 904726" S 2305936"W 68.27' z C2 152.82' 290.92' 30005'51" N 58009'30"W 151.07' C3 122.51' 100.50' 69050'27" N 38017'09" W 115.06' PROJECT: OWNER/DEVELOPER: 2030 S. WASHINGTON AVE. DWG# LOT 4, BLOCK 2 OF MCNELIS SUBDIVISION CALVARY CHAPEL EMMETT, ID 83617 124117-EX ANNEXATION EXHIBIT P: (208)398-8104 PROJECT# S112, SE114, SECTION 34, A " F: (208) 398-8105 124117 T. 4 N., R. 1 W.,B.M., CITY OF MERIDIAN, SHEET ADA COUNTY, IDAHO DATE: 712024 L arl15uiveYl?9 LLG WWW.SAWTOOTHLS.COM 1 OF 1 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty AND DECISION & ORDER In the Matter of the Request for Rezone of 8.41-Acres of Land from the I-L to the C-C Zoning District for the property Located at 3600 W. Nelis Dr.,by Calvary Chapel Meridian. Case No(s). H-2024-0020 For the City Council Hearing Date of: October 22, 2024 (Findings on November 6, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 22,2024, 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 22, 2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 - 1 - 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 rezone with the requirement of a new development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 22,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 22, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 -2- By action of the City Council at its regular meeting held on the 6t h day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTEDA►YE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTEDAYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. im" on 11-6-2024 Attest: � SEAL Chris Johns 11-6- 4 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By:_ &VM - Dated: 11-6-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 -3- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,­, DEPARTMENT REPORT HEARING 10/22/2024 DATE: IJ ® ► 0 TO: Mayor& City Council FROM: Sonya Allen,Associate Planner -- _' _ '•- 208-884-5533 sallen@meridiancity.org _ r APPLICANT: Calvary Chapel Meridian SUBJECT: H-2024-0020 " 19"7 ,a Calvary Chapel Meridian-RZ Legend �� Project Location LOCATION: 3600 W.Nelis Dr. .. Area of Impact City LimitsF ��@ 1 Analysis P- I. PROJECT OVERVIEW A. Summary Rezone of 8.41-acres of land from the I-L to the C-C zoning district. B. Issues/Waivers None C. Recommendation Staff. Approval with the requirement of a new development agreement. Commission Recommendation: Approval as recommended by Staff D. Decision Approved Ii. COMMUNITY METRICS Table 1:Land Use Description Details Map Ref. Existing Land Use(s) Church,private education institution - Proposed Land Use(s) No change in use proposed - Existing/Proposed Zoning I-L(Light Industrial)/C-C(Community Business) A.ii Future Land Use Designation Mixed Use Non-Residential(MU-NR) A.iii Table 2: Process Facts Description Details Preapplication Meeting date 4/30/2024 Neighborhood Meeting 5/20/2024 Site posting date 9/3/2024 City of Meridian I Department Report I. Project Overview Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received No - • Commission Action Required No - • Access W.Nelis Dr. - ITD Comments Received Yes(no comments or concerns) Note: See section 0. IV. City/Agency Comments&Conditions and/or the public record for comments received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. History This property is part of the larger McNelis Subdivision that was annexed in 2004 with a Development Agreement(DA)and a preliminary plat; a final plat was later approved and recorded that included this property as Lot 4,Block 2,McNelis Subdivision. The DA was later amended in 2011. A Conditional Use Permit(CUP)was approved in 2018 for a 28,000+/- square foot(s.f.) church use in the I-L zoning district on the subject property. A Certificate of Zoning Compliance(CZC) and Design Review(DES)application was approved in 2020 for a 23,119 s.f. 2-story church on this site as approved with the CUP. Another CZC and DES application was approved earlier this year for four(4)new 30' x 40' outbuildings to be used for youth and adult ministry and an office and a 20' x 40' storage building totaling 5,600 s.f. overall;the building permit is still in process and has not yet been issued. B. General Overview No new development is proposed with this application. The Applicant has been operating a private education institution(i.e. Christian school for pre-K through 11'grade) out of the existing church and plans to move it to the new buildings east of the church in the future once they're constructed. These buildings will be used for school,youth group,church ministry and bible classes. The existing I-L(Light Industrial)zoning district prohibits private education institutions; therefore,the use is operating illegally. The proposed rezone will remedy this situation. The proposed C-C (Community Business) zoning district will accommodate the church use as well as the private education institution and is consistent with the underlying FLUM designation of Mixed Use Non-Residential for the property. A legal description and exhibit map for the property proposed to be rezoned is included below in Section VII.B. As a provision of the proposed rezone, Staff recommends a new DA for the subject property that accommodates the proposed C-C zoning and the church and private education institution uses. The new DA will only be for this property and the property will no longer be subject to the existing DA and addendum for McNelis Subdivision. See Section IV below for recommended provisions. Table 4: Project Overview Description Details History AZ-04-004,PP-04-004(McNelis Subdivision Ord.#04-1090,DA Inst. #104093293);FP-05-047;TE-05-003 (I-yeartime extension on the PP); CPAM-10-002;MDA-11-002(Addendum to McNelis Subdivision DA, Inst.#112054621);H-2018-0031 (CUP);A-2020-0009(CZC/DES for church);A-2024-0028(CZC/DES). City of Meridian I Department Report III. Staff Analysis Description Details Physical Features The Fivemile Creek runs along northern boundary and the Ninemile Creek runs along the western boundary of the site. Acreage 8.36-acres C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing church building on the site; four(4)new outbuildings have been approved by the Planning Division to develop on the east side of the church,which are being combined into two (2)buildings, and one(1)new storage building is proposed at the northwest corner of the site; the building permit(C-NEW-2024-0017)for these structures has not yet been issued. City services and utilities are provided to this site. This site has been improved with parking, landscaping, sidewalks,multi-use pathways, etc. in accord with UDC standards.No further improvements are required with this application. 2. Proposed Use Analysis (UDC 11-2): The existing church and private education institution use are not proposed to change and no other uses are proposed. A future school is depicted on the site plan in the area west of the existing church as shown on the site plan included below in Section VII.C. In the interim and while funds are being raised for the future school building, classes will be held in the buildings proposed to be constructed east of the church. The conceptual site development plan included in Section VII.0 below depicts the previously approved future buildings on the east side of the church,the storage building at the northwest corner of the site and the future school building to the west of the church. Staff recommends future development generally comply with this plan and that it's included in the development agreement. The UDC(Table 11-2B-2)lists churches and private education institutions as principal permitted uses in the C-C zoning district. Because there are specific use standards associated with the education institution and this use has not been previously approved, Staff recommends within 60 days of City Council's action on the Findings of Fact, Conclusions of Law and Decision& Order,the Applicant sign the development agreement and return it to the City along with a Certificate of Zoning Compliance— Change of Use application for approval of the private education institution.A new Certificate of Occupancy for the church and private education institution use will also need to be applied for through the Building Division. Per UDC 11-1A-1, a church or place of religious worship is defined as:An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with I.C. 63-602B. 3. Dimensional Standards (UDC 11-2): See UDC Table 11-213-3 for dimensional standards for the C-C district. There are no residential uses abutting the site;therefore, a landscape buffer to residential uses is not required. Accordingly,the business hours of operation are not restricted. 4. Specific Use Standards (UDC 11-4-3): The specific use standards associated with a church are listed in UDC 11-4-3-6; and the specific use standards associated with an education institution are listed in UDC 11-4-3-14. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A new Development Agreement(DA) shall be required as a provision of the RZ application. The previous DA [i.e. AZ-04-004 McNelis Subdivision—Inst. #104093293 and subsequent addendum(MDA-11-002—112054621)] shall no longer be in effect for the subject property. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA.Prior to approval of the rezone ordinance, a new DA shall be entered into between the City of Meridian and the property owner at the time of rezone ordinance adoption. The DA shall be signed by the property owner and returned to the Planning Division within sixty(60)days of the date of City Council approval of the Findings of Fact,Conclusions of Law and Decision& Order for the Rezone. The new DA shall incorporate the following provisions: i. The Applicant shall comply with all previous conditions of approval associated with this site [i.e. H-2018-0031 (CUP);A-2020-0009(CZC/DES); A-2024-0028(CZC/DES)]. ii. Future development shall be generally consistent with the site development plan included in Section VII.0 iii. The use of the subject property is restricted to a church or place of religious worship as defined in UDC 11-1A-1; and a private education institution associated with the church. iv. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-6— Church or Place of Religious Worship and 11-4-3-14—Education Institution, as applicable. v. The Applicant shall submit a Certificate of Zoning Compliance Change of Use application to the Planning Division of the Community Development Department for approval of the private education institution use within sixty(60) days of City Council's approval of the Findings of Fact, Conclusions of Law and Decision&Order for the subject rezone application. vi. The Applicant shall submit an application to the Building Division of the Community Development Department for a new Certificate of Occupancy for the church and private education institution use after obtaining approval of the Certificate of Zoning Compliance Change of Use from the Planning Division. Other Agency comments may be accessed in the project file,included in the public record. V. FINDINGS B. 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 the proposed map amendment to C-C complies with the applicable provisions of the comprehensive plan. City of Meridian I Department Report 0. IV. City/Agency Comments&Conditions 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 regulations outlined for the proposed district, specifically 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 shall not be materially detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed 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. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the request is for a rezone, not annexation. VI. ACTION A. Staff: Approval with the requirement of a new DA. B. Commission: The Commission heard this item on September 19,2024.At the public hearing the Commission moved to approve the subject RZ request. 1. Summary of the Commission public hearing_: a. In favor: Troy Drake,Calvary Chapel(Applicant) b. In opposition: None c. Commenting. None d. Written testimony: Scott Herrell, Calvary Chapel(Applicant) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. None 3. Key issue(s) of discussion by the Commission: a. None 4. Commission changes to the Staff recommendation: a. None C. City Council: The Meridian City Council heard this item on October 22,2024.At the public hearing.the Council moved to approve the subject RZ reauest. 1. Summary of the City Council public hearing: a. In favor:None b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: City of Meridian I Department Report 0. VI . Action a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None City of Meridian I Department Report 0. VI . Action VII. EXHIBITS A. Project Area Maps (link to Project Overview) i. Aerial Legend Project LocationPT ,'.:Area of ImpactMET ,, Analysis E �t,Ed L, I 7 E ti. TIII' �. ❑� - - a 17 ii. Zoning Map Legend Project Location ® Area of Impact R 2 R-4 j OAnalysis �R RUT - FEKUI C-N FM C-C..2 4TA11FF1:1 a RUT \ City of Meridian Department Report 0. VII. Exhibits 1 - uuunn .'�_�'•+ � � =-'a; ■I11 ill A _•_ • �Illllllr - _Ill \urn V:Is WIN ♦j � _ m` j�linr►►' E;nul�. n r � � � ! � ��nqr !��■■ gar �:: !!! 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G P!{208}398-81 04 1 rr(206)398-8105 Description A parcel of land being all of Lot 4, Black 2 and a portion of the West half of West Nelis Drive as shown on the Plat of McNelis Subdivision, Book 100 Pages 13062-13084 at the Ada County Recorder. Said parcel being located in the South 1/2 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest confer of said Lot 4 and the POINT OF BEGINNING; Thence N 80°3141"E 287.40 feet; Thence S 86051'15"E 501.30 feet; Thence S 001001'19"E 251.04 feet; Thence S 52044'39"E 374.70 feet to the Centerline of West Nells Drive; Thence along said Centerline a non-tangent curve to the left having an arc length of 68.36 feet, a radius of 400.00 feet, and a long chord that bears S 231159'36"W a chord length of 68.27 feet,- Thence leaving said Centerline N 801150'56"W 259.19 feet; Thence N 891143'00"W 379.54 feet; Thence N 3702541"W 130.DO feet; Thence N 43110633"W 45.13 feet; Thence along a tangent curve to the left haVring an arc length of 152.82 feet, a radius of 290.92 feet, and a long chard that bears N 5800930"W a chord length of 151.07 feet; Thence N 731112'27"W 105.95 feet; Thence along a tangent curve to the right having an arc length of 122.51 feet, a radius of 100.5D feet, and a long chord that bears N 381117'09"W a chord length of 115.06 feet; Thence N 031121'51"W 140.80 feet POINT OF BEGINNING. Containing 8.406 acres, more or less. a 19599 VC �,~•CJ-.�cs�� kA 51 142 City of Meridian I Department Report 0. VII. Exhibits THIS DESCRIPTION WA5 PREPARED FROM RECORD DATA END OF DESCRIPTION ,p Al-LAN,)sfr a 19599 OF A. 2of2 City of Meridian Department Report 0. VII. Exhibits C7 +y OR ' Qsl7au ' � QLpoo 000 r ,oCl , / + as 5 00001'19"E 251.04' C Ed f � i QZ UN a �Q) � q W ' LU �► C6 L q QC r8 ��W°pC7 ao L Z w ��03-21'51"-W - City of Meridian I Department Report 0. VII. Exhibits C. Conceptual Site Development Plan-Revised O 9tr9EF❑I'NHI0Ia3W �v., a 1� o as sIT3N AA 069E3 �L`�� �1 g sego �� , SJN101in8 NOISN'VdX a duo "� j� � £1 NVIOI�13W 3d'dH A�I'dAl'dO ° - rr R E 1 B .+ _L__ � 5[b01'IYe251 Oa' I I i I 1 � I p — 1 I 1 3 • s-------- Raarur.¢ryoewA- • 1 R s MEE �•� •.w�.or.,K �.pq� �d y� 999 City of Meridian Department Report 0. VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Keep West Subdivision H-2023-0047) Between City of Meridian and Dawson Ranch LLC, for Property Located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. ADA COUNTY RECORDER Trent Tripple 2024-068940 BOISE IDAHO Pgs=40 BONNIE OBERBILLIG 12/04/2024 08:47 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dawson Ranch LLC, Owner/Developer 3rd THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into;this LLday of December , 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,Dawson Ranch LLC,whose address is 6865 S.Pemberley P1.,Meridian, Idaho 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 fiill, 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 rezoning of land; and 1.4 WHEREAS,,Owner/Developer have submitted an application for annexation and zoning of 16.25 acres of land with a request for the R-2 (Low-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 andwhat 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 4th day of April, 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-KEEP WEST SUBDIVISION(H-2023-0047) PAGE I 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 from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Dawson Ranch LLC, whose address is 6865 S. Pemberley PI., 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. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 2 OF 7 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, common driveway exhibit, landscape plan, and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. The Applicant shall provide a covered pavilion (picnic area) and sports court for pickleball as amenities for the Keep West subdivision as proposed in the preliminary plat. c. The existing home shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9- 1-4 and 9-4-8. 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 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 DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 3 OF 7 and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, 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. DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 4 OF 7 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: Dawson Ranch LLC 6865 S. Pemberley Pl. Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 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 DEVELOPMENT AGREEMENT-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 5 OF 7 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-KEEP WEST SUBDIVISION(H-2023-0047) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Dawson Ranch LLC By:rana<ger roangston Its: STATE OF IDAHO ) ss: County of Ada ) On this 2Z day of AV M01 et' 2024,before me,the undersigned,a Notary Public in and for said State, personally appeared Jarron Langston, known or identified to me to be the Manager of Dawson Ranch LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MELISSA FUJIOKA-BURNZ — COMMISSION#20180401 Notary Public NOTARY PUBLIC My Commission Expires: STATE OF IDAHO CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 12-3-2024 Chris Johnson, City Clerk 12-3-2024 STATE OF IDAHO ) : ss County of Ada } On this 3rd day of December , 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-DEEP WEST SUBDIVISION(H-2023-0047) PAGE 7 OF 7 EXHIBIT A CC PA S LAND SURVEYING PLLC Client: Jarron Langston Land Development Date: February 22, 2023 sc� Job No.: 0323 L. ea �o PROPERTY DESCRIPTION spa: A parcel of land being a portion of the W 1/2 NE 1/4 of Section 5, Township 2 North, Range 1 East. Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found Aluminum cap stamped "PLS 4431" marking the NE corner of said NE 1/4, (Section corner common to Sections 4 and 5 of Township 2 North, Range 1 East, and Sections 32 and 33 of Township 3 North, Range 1 East), aid corner bears S.89°56'45" E., a distance of 2659.14 feet from a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner); Thence along the Northern boundary of said NE 1/4, N. 89°56'45"W., a distance of 1522.85 feet to a found 5/8 inch diameter iron pin with an illegible cap; Thence leaving said Northern boundary, S. 10'16'52" E., a distance of 25.52 feet to the POINT OF BEGINNING, said point monumented with a found 5/8 inch diameter iron pin stamped "PLS 14221" Thence S. 09°35'51" E., a distance of 540.33 feet to a point; Thence S. 00°23'31" E., a distance of 1213.70 feet to a found 5/8 inch diameter iron pin stamped "PLS 14221"; Thence S.00°22'25" E., a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said point bears S.00°22'25" E., a distance of 45.93 from a found 5/8 inch diameter iron pin witness corner stamped "PLS 14221"; Thence along the centerline of said Farr Lateral the following Courses and Distances; Thence N. 49°59'57"W., a distance of 27.51 feet to a point; Thence N. 22°30'24"W., a distance of 1518.71 feet to a point; Thence continuing, N. 25'12'14"W., a distance of 135.17 feet to a point marking the beginning of a tangent curve to the left; Thence a distance of 153.60 feet along the arc of said curve to the left, having a radius of 200.00 feet, a central angle of 44°00'08", the long chord of which bears N. 47°12'21"W., a distance of 149.86 feet to a point; Thence N. 69°12'33"W., a distance of 194.76 feet to a point; Thence leaving said Farr Lateral, N. 00°09'59"W., a distance of 40.74 feet to a found 5/8 inch diameter iron pin stamped"PLS 4998"; Thence N. 00'10'55" E., a distance of 38.42 feet to a found 5/8 inch diameter bent iron pin without a cap on the Southern Right-of-Way of East Lake Hazel Road; Thence along said Southern Right-of-Way, S. 89°56'57" E., a distance of 853.33 feet to the POINT OF BEGINNING. This parcel contains 15.76 acres more or less. SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above- described parcel of land. 623 11th Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com 0 X .' .. . .. . ... . .. .. r .-.-. ng . . -:-: 33"w O' . . . :=:=:-::: a moo. : o... .. . . . . . . . . . . :::::•:::;: .:::::.:.:.:::::.:•:-:::::::-:-:-:-:- :. :. w -=- -:try cwn . : _ CD n :-:-: . . . . . . . . :. :-:::•:;:•:::•:•: 4'•:- • o 4• w 44. fl CD. 7ir , r�lis0�10@� A5S LAND SURVEYING PLLC _ Client: Jarron Langston Land Development c� Date: February 22, 2023 Job No.. 0323 ANNEXATION DESCRIPTION i � A parcel of land being a portion of the W 1/2 NE 1/4 of Section 5, Township 2 North, Range 1 East. Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found Aluminum cap stamped "PLS 4431" marking the NE corner of said NE 1/4, (Section corner common to Sections 4 and 5 of Township 2 North, Range 1 East, and Sections 32 and 33 of Township 3 North, Range 1 East), aid corner bears S.89°56'45" E., a distance of 2659.14 feet from a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner); Thence along the Northern boundary of said NE 1/4, N. 89°56'45"W., a distance of 1522.85 feet to the POINT OF BEGINNING, said point monumented with a found 5/8 inch diameter iron pin with an illegible cap; Thence leaving said Northern boundary, S. 10°16'52" E., a distance of 25.52 feet to found 5/8 inch diameter iron pin stamped "PLS 14221"; Thence S. 09°35'51" E., a distance of 540.33 feet to a point; Thence S. 00°23'31" E., a distance of 1213.70 feet to a found 5/8 inch diameter iron pin stamped"PLS 14221"; Thence S.00°22'25" E., a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said point bears S.00°22'25" E., a distance of 45.93 from a found 5/8 inch diameter iron pin witness corner stamped "PLS 14221"; Thence along the centerline of said Farr Lateral the following Courses and Distances; Thence N. 49°59'57"W., a distance of 27.51 feet to a point; Thence N. 22°30'24"W., a distance of 1518.71 feet to a point; Thence continuing, N. 25'12'14"W., a distance of 135.17 feet to a point marking the beginning of a tangent curve to the left; Thence a distance of 153.60 feet along the arc of said curve to the left, having a radius of 200.00 feet, a central angle of 44°00'08", the long chord of which bears N. 47°12'21"W., a distance of 149.86 feet to a point; Thence N. 69°12'33"W., a distance of 194.76 feet to a point; Thence leaving said Farr Lateral, N. 00°09'59"W., a distance of 40.74 feet to a found 5/8 inch diameter iron pin stamped "PLS 4998"; Thence N. 0010'55" E., a distance of 38.42 feet to a found 5/8 inch diameter bent iron pin without a cap on the Southern Right-of-Way of East Lake Hazel Road; Thence N. 00°25'38" E., a distance of 25.16 feet to a found 5/8 inch diameter bent iron pin without a cap on the Northern boundary of said NE 1/4; Thence along said Northern boundary, S. 89°56'45" E., a distance of 848.59 feet to the POINT OF BEGINNING. This parcel contains 16.25 acres more or less. SUBJECT TO.-All existing rights of way and easements of record or implied appearing on the above- described parcel of land. 623 11th Ave. South,Nampa, ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com r 9'94'�S c �33W . . .;:. . :. �..:. .-.-. . . . . o _ _ Ln : : : :::::::::::.::::::::::::: t .•.-.•.•.•.•.•.•.•.•.•.•.•.•.•. D, N N '• W :;. fG 1 Raap Ranch Annexation Closure 2/22/2023 Scale: 1 inch= 221 feet File: Raap Ranch Annexation Closure 02222023.ndp Tract 1: 16.2532 Acres,Closure:n43.5224w 0.01 ft.(1l174805),Perimeter=4808 ft. 01 s10.1652e 25.52 10 n00.0959w 40.74 02 s09.3551e 540.33 11 n00.1055e 38.42 03 s00-2331e 1213.7 12 n00.2538e 25.16 04 s00.2225e 45.93 13 s89.5645e 848.59 05 n49.5957w 27.51 06 n22.3024w 1518.71 07 n25.1214w 135.17 08 Lt,r=200.00,delta=044.0008,chord=n47.1221w 149.85 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E AND DECISION DECISION& ORDER In the Matter of the Request for annexation,zoning and preliminary plat approval,by Jarron Langston. Case No(s). H-2023-0047 For the City Council Hearing Date of: April 9, 2024 (Findings on April 23, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 9, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 9, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 9, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report fbr the hearing date of April 9, 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 April 9, 2024,incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation, zoning and preliminary plat approval is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 9, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -2- City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 9, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -3- By action of the City Council at its regular meeting held on the 23rd _day of April 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert S' ison 4-23-2024 Attest: � ,� ( CNil4yR117tAN� Chris Johns 4- ,, City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: PhaqLz4�i )u Dated: 4-23-2024 City Clerk's Office - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(KEEP WEST SUBDIVISION-FILE#H-2023-0047) -4- STAFF REPORT C� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT HEARING April 9,2024 Legend r DATE: "' L Project Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner 208-884-5533 ,, SUBJECT: Keep West Subdivision—AZ,PP �� `�'�� ` y. " H-2023-0047 LOCATION: 2625 E. Lake Hazel Rd. and 6519 S. - Raap Ranch Ln.,in the NE 1/4 of Section 5,T.2N.,R.l E. (Parcel#R7317670010 and R7317670020) vk W I. PROJECT DESCRIPTION Annexation and zoning of 16.25 acres of land from RUT to R-2(low"density residential")zoning district and a Preliminary Plat consisting of 212 buildable lots,one existing home and 8 common lots on 15.76 acres of land in the R-2 zoning district for Keep West Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage Annexation 16.25 acres/Preliminary Plat 15.76 Future Land Use Designation Medium Density Residential(MDR)and Low Density Residental(LDR) Existing Land Use Rural Urban Transition(RUT) Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-2(Low Density Residential) Lots(#and type;bldg/common) 223,building(1 existing)/3 common/2 irrigation easement lots Phasing plan(#of phases) 1 Number of Residential Units(type 223 single-family detached units,including one existing home of units) Density(gross&net) 1.3946 units/acre(gross) Open Space(acres,total[%]/ 1.2630-acre(or 8%)consisting of street buffer and open space area. buffer/qualified) Amenities NA Physical Features(waterways, The Farr and Grimmet Laterals run along the west&east boundaries of the hazards,flood plain,hillside) site. Neighborhood meeting date 1/4/23 History(previous approvals) Raap Ranch Subdivision recorded in 2013 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no • TIS(yes/no) No(not required) • Level of Service(LOS) Better than"D"at PM peak hours,which is an acceptable LOS for a 5-lane principal arterial(Lake Hazel Road). • Existing Conditions There are three existing driveways serving the existing homes via E.Lake Hazel Road. • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Cloverdale Road to Eagle Road and is under construction with a completion date later in 2023. • The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 6-lanes on the north leg, 5-lanes on the south,7-lanes east,and 6-lanes on the west leg,and signalized in 2024. Access(Arterial/Collectors/State Two(2)accesses exist via E.Wickham Street and S.Netherfield Way,local Hwy/Local)(Existing and streets. The existing acees from E.Lake Hazel Road will be residential access Proposed) will become an access for emergency vehicles only.No direct access is proposed via E.Lake Hazel Road. Proposed Road Improvements Fire Service This project currently falls in an area where we don't have total response times for an effective firefighting force to meet NFPA 1710 standards or current City of Meridian adopted standards. The first due station is Fire Station 7.This fire station is approximately 1.0 mile from the project which is good for the first due engine. See attached comments (https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=330404&dbid= 0&repo=MeridianCity) Police Service No comments received West Ada School District No comments received Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance RN I • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed Water • Distance to Services Water is available at site • Pressure Zone • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan C. Project Maps Future Land Use Map Aerial Map ._. Legend Legend Project Location FR. Project Location 1 f� FA' C � . Medium Density Reses a tial Low DeVity- Reside ntial e Zoning Map Planned Development Map Legend R 2 ® Legend ;— Project Location R.- ® Project Location - I ® ; City Limits R 15 R 8 R-15` .-' —Planned ParcelsIN I m �1 YR-40 R 15 C. A R-8 R-8 RVI �4 M ® R-4� R-8 -R-2 ,I ---' Rg� - R-1'5 RUT Ri4 r' - RR—RUT RR �:. . R1 M1 ',.t •�. III. APPLICANT INFORMATION A. Applicant: Jarron Langston—9563 W.Harness Drive,Boise,ID 83709 B. Owners: Brian D. and Mary L. Affleck—6519 S Raap Ranch Lane,Meridian, ID 83642 C. Representative: Ted Burke,EDM Partners—2815 E 3300 S, Salt Lake City,UT, 84109 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 2/20/2024 3/25/2024 Radius notification mailed to property owners within 500 feet 2/16/2024 3/22/2024 Public hearing notice sign posted 2/24/2024 3/27/2024 on site Nextdoor posting 2/26/2024 3/25/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR),which allows for dwelling units at gross densities of 3 dwelling units per acre; and Medium Density Residential (MDR),which allows for dwelling units at gross densities of 3 to 8 dwelling units per acre on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The Comprehensive Plan allows an adjacent, abutting designation,when appropriate and approved as part of a public hearing with a development application,to be used. Over half of the property has a future land use designation of low density residential,the applicant has proposed to continue that use for the entire development as allowed in the Comprehnsive Plan. The Applicant proposes a 22 2-3-lot subdivision for single-family residential detached homes at a gross density of 1.3946 units per acre,which meets the comprehensive plans desire of larger lots in the LDR designation. The property is surrounded by single-family residential homes zoned R-2 and R-4(Low Density Residential),R-8 (Medium Low-Density Residential), and R-15 (Medium-High Density Residential)indicating a mix of low and medium density residential zones. Staff has considered multiple factors,including the surrounding mix of low and medium density residential zones,the presence of irrigation ditches on the east and west sides of the property, and the proposed gross density of 1.3946 units per acre. In light of these considerations, staff is supportive of the applicant's request to zone the property as Low Density Residential(LDR) for the proposed 222-- lot subdivision. TRANSPORTATION: The Master Street Map(MSM) does not depict any collector streets across this property. Lake Hazel Road is scheduled in ACHD's Integrated Five Year Work Plan(IFYWP)to be widened to 5-lanes from Cloverdale Road to Eagle Road and is under construction with a completion date later in 2023. The intersection of Lake Hazel Road and Eagle Road is scheduled in the IFYWP to be widened to 6-lanes on the north leg, 5-lanes on the south, 7-lanes east, and 6-lanes on the west leg,and signalized in 2024. Lake Hazel Rd. is currently improved with 2 travel lanes(one in each direction) and has no curb,gutter or sidewalk. ACHD's Roadways to Bikeways Master Plan(BMP) identifies Lake Hazel Road as Level 3 facilities that will be constructed as part of the aforementioned Lake Hazel Road IFYWP ACHD project. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings offers a mix of home and lot sizes that 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 proposed site design with larger lot sizes abutting similar size lots to the east in the Keep Subdivision and smaller size lots to the west in the Vertex Subdivision No. I and 2 will provide a good transition in density and lot sizes to abutting parcels. Although the FL UM designation for the proposed preliminary plat is MDR and LDR, the applicant has chosen to move forward with LDR as it is located between two irrigation ditches (Farr and Grimmet laterals) and will be similar to the existing Keep Subdivison to the east. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family detached residential homes, which should be generally compatible with each other, thereby reducing conflicts and maximizing use of land. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development."(2.02.02C) Development of the subject infill property will not negatively impact abutting existing development due to the similar lots sizes and density proposed. The property is separated from the adjacent developments by irrigation ditches on the east and west side of the property. The density is similar to the existing Keep Subdivision to the east. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development, including the existing home, will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.011)) Per ACHD's staff report, Lake Hazel Road is currently being improved to 5-travel lanes, vertical curb, gutter, 4-foot wide permable pavers, and a 10 foot wide concrete sidewalk abutting the site. Sidewalks are proposed throughout the development along the proposed streets. The sidewalk along E. Wickham Street will provide a pedestrian connection to the development to the east and along S. Netherfiled Way to the west. Currently there are no pedestrian pathway stubs to this property from adjacent developments. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." With redevelopment of the site, the existing home is required to connect to City water and sewer service and the existing septic system and well should be abandoned. • "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) There are three(3) access points on E. Lake Hazel Road for this property(and an irrigation access). With development, this access will be closed and access will be provided internally from within the subdivision via the extension of E. Wickham Street and S. Netherfield Way. There is will an emergency access where the existing access for the remaining home is currently located. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 16.25 acres of land with an R-2 zoning district and develop 15.76 acres of land with single-family homes at a gross density of 1.3946 units per acre,this is consistent with the LDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the annexation area and property is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with twenty-onetwe(212-2)new single-family residential detached dwellings and retention of the existing home(see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-2 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-2 zoning district. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 212-2 building lots and eight(8)common lots on 15.76 acres of land in the proposed R-2 zoning district as shown in Section VIII.C. Proposed buildable lots range in size from 12.008 1 square feet(s.£)(or 0.28 acre)to 38.274 27,957 s.f. (or 0.87864 acre). The subdivision is proposed to be developed in one(1)phase. Existing Structures/Site Improvements: There is an existing home and several other structures on the property. The existing home is proposed to remain on Lot 36, Block 1, all other structures are proposed to be removed. Prior to the City Engineer's signature on the final plat, all existing structures that don't comply with the setbacks of the district shall be removed.A new address will be required for the existing home. Dimensional Standards (UDC 11-2): The proposed plat, existing home and subsequent development is required to comply with the dimensional standards listed in UDC Table I1-2A-6 for the R-2 zoning district. The proposed lots comply with the minimum dimensional standards. The existing home shall comply with the setback requirements of the district. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Dead End Streets: Per UDC 11-6C-3B4, the City Council may approve a dead end street up to seven hundred fifty(750) feet in length where an emergency access is proposed; or where there is a physical barrier such as a steep slope, railroad tracks, an arterial roadway, or a large waterway that prevents or makes impractical extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. See diagram below. The cul-de-sac for the proposed plat is greater than 900 feet which would exceed the maxium approval allowed by City Council of 750 feet in length. The applicant needs to revise the plat map shortening the length of the cul-de-sac and submit a revised plat map fifteen days prior to the City Council meeting. The applicant revised the the plat map to shorten the length of the cul-de-sac and submitted the revised plat map 25 days prior to this meeting Physical Barrier Pafhway Connection, Typical 500'Maximum J i s d Lot,Typical 750`Maximum With Council Approval Access: There are three(3)access points on E.Lake Hazel Road, an arterial street, for the existing homes and structures. The Irrigation District takes accesses to the property via the parcel to the west. The driveway for the existing home will remain and be utilized as an emergency access only. Access is proposed via the extension of E. Wickham Street at the east boundary of the site,which terminates onto S.Netherfield Way. Direct access is not proposed or allowed via E. Lake Hazel Road. A common driveways arei-s proposed for access to Lots 22,23,27 and 28 An exhibit for the common driveway was submitted as shown in Section VIII.D that complies with the standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of such should be submitted with the final plat for City Engineer signature; or, a plat note could be included on the plat that includes this information. Landscaping: A 25-foot wide street buffer is required along E. Lake Hazel Road.,an arterial street,per UDC Table 11-2A-6,measured from back of the sidewalk.A buffer is depicted on the landscape plan that appears to meet this requirement. The buffer has been depicted on the plat in a common lot as proposed with landscaping per the standards listed in UDC 11-3B-7C.3. 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-IOC.5; calculations demonstrating compliance with the aforementioned standards should be depicted on the landscape plan. Common Open Space& Site Amenities(UDC 11-3G-3): The applicant is proposing 1.374g- acres of open space consisting of 50%of the street landscape buffer along E. Lake Hazel Road, parkway,pathway along emergency access,covered pavilion, sports court and grassy areas. The applicant provided 1.374-9 acres of open space(9.41%)exceeding the 8%(54.920 64,589 sf or 1.2649 acres)requirement. Per UDC 11-3G-4, for each five(5)acres of gross land area, one(1)point of site amenity is required. As the property is 15.76 acres, a total of 3 amenties points is required. The applicant is proposing a covered pavilion(picnic area—2 points)and sports court for pickle ball (4 points) as amenities which totals 6 amenties points. The amenity points are in excess of the required three (3)points. Staff recommends a provision to the Development Agreement requiring the installation of the amentities as proposed. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11- 3A-8.A 10-foot wide sidewalk is required along the northern boundary of the site in accord with the Pathways Master Plan.A 14-foot wide public pedestrian easement is required for the pathway (see Park's Dept. comments in Section IX.G),unless ACHD requires with the construction of the Lake Hazel road widening project. Sidewalks(I1-3A-17): Ten-foot wide detached multiple-use pathways(MUP)is required within street buffers along arterial streets. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Waterways: The Farr Lateral exists along the west boundary(within a 50-foot easement) and the Grimmet Lateral along the east boundary within a 40-foot wide easement,measured from centerline). The applicant shall submit documentation from the Irrigation District verifying the easements and any restrictions within the easement. The UDC (11-3A-6E)requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20-feet wide outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners. The applicant proposes to place the Farr and the Grimmet Laterals within common lots as required. All other irrigation ditches crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The applicant is proposing to the a portion of the Grimmet Lateral and has been working with the Boise Project Board of Control for approval. The Farr Lateral will remain open.If tiled wed,the Boise Project Board of Control will not approve any landscaping other than gravel within its 25-foot easement.No variances will be given. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1- 3A-7, as applicable. The landscape plan depicts existing fencing along the north boundary of the site. A 6-foot tall privacy fence is depicted along the west, south and east boundaries of the site. A 4-foot tall privacy fence is proposed along internal common lots. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home is required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service,as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-1 S. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Report was submitted with this application. Building Elevations: Several conceptual building elevations of homes were submitted as shown in Section VIII.G. Building materials consist of a variety of stone/brick veneer accents and stucco. Design review is not required for single-family detached structures. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on March 7, 2024. At the public hearing,the Commission moved to recommend approval of the subject Annextion and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Todd Lakey,Barton Lakey Law representingthe he applicant,Jarron Langston,Luke Gilbert,property owner b. In opposition:None C. Commenting: Jeff Lucky,Jeff Brown, Andrew Williams,Danny Blau,Melina Newell d. Written testimony: Jeff Luckey e. Staff presenting application: Bill Parson,Planning Supervisor f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concerns with the proposed street connectivity that will bring additional traffic to the existing neighborhood(The Keep)to the east 3. Key issue(s)of discussion by Commission: a. Bring the proposed cul-de-sac into compliance prior to the City Council hearing. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)for City Council: a. None C. The Meridian City Council heard these items on April 9,2024. At the public hearing.the Council moved to approve the subject annexation,zoning and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Todd Lakev,Barton Lakev Law representing the applicant.Jarron Langston b. In oposition:None p c. Commenting: Todd Lakev,Barton Lakev Law representing the applicant. Jarron Langston d. Written testimony:None e. Staff presenting application: Linda Ritter.Associate Planner £ Other Staff commenting on application: Bill Parsons.Planning Supervisor 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Lack of comments from West Ada School District and the overcrowding of the schools in the area. 4. City Council change(s)to Commission recommendation. a. None VIII. EXHIBITS A. Property Description and Exhibit Map 1 LAND SIJRVEY1NO FLLC Client:,Jarron Langepan Land Develgpfnenl *y' Date;February 22.2023 ■c" .� Job No.:6323 I �� e a � PROPERTY DESCRIPTION �i' A pargel of land bei�bg a portion of the W la NE 1 A of Section 5,Township 2 North,Ra nge 1 East Eoise Meridian,City of Meridian.Ada flaunty,Idaho,more particularly dascrihed as folkwea! Carnmen,HN at a fecund Aluminum cap mampad-PLS"3 1-niarldng Ilia NE earner of Sam NlE 114,(aacHen inner common to Sections 4 and 5 of Tewnshlp 2 North, RDnge 1 East,and Sections 32 and 33 of Township 3 NorM.Range 1 East).aid comer bears.SAV5,8'45'E..a distance of 26%.14 feat from a found Brae6 Gap marking the NW comer of said NE 114,(North 14 ogmer); Thence along the ND*em boundary of said NE 114,N.11;6°66'45"W.,a dlmnee of 15P2,85 feet to a found 519 inch dlarncfcr Iron pin wim an illegible cep; Thence leaving sold Northern boundary,S. 14'l6'S2"E„a distance of 25:52 feet 10 the POINT OF MEC,IMNING,Said point rnonumented with a found 5J8 inch diamerer iron pin stamped`PLS 14221' Thence S.t '35'S1"E.,a di stance of 5M-33 I'm to a point; Thence S.W23'31"E ,a distance of 1213 70 feet to a found 518"diameter Iran pin stamped°PLS 14221"; Thence S.OV22'25'E„a distance of 45.93 feet to a point on the centerline of the Farr Lalefar, Said point baara S-DO'22'25'E-,.a d isldnoa of 45.93 From a frund 5J$inch diamQlar irgn pin witness FPrrrar 54amped "PLS 14221'; Thgnig 21ong the Centerline of 6eid Farr Lateral the folk wing Gcuroas and Ui5wnc3e5; Thence N.49°5937'W..a distance of 27.51 feet to a point Thenoa N-22130'247 W.,0 distant$of 1 b1$.71 feel to n print; Thence cwdntrltfg,N-25°12'14"W a dicta ncs of 135.17 feet to a point marling the beglnning of a la ngant curve io the left; Thence a distance of 153-60 feet along the arc of said curve to the left,hawing a radius of 200.00 feat,a central angle of 44'00'0r,the I4ny Qhgvd QfwhiCh War,,H.47'12'21"W,a distance of 149 n feet to a pc4nt; Thence N-69'12'33'W.,a distance of 194.7$feet to a p4inl; Thence leaving said Farr Lateral,rJ.X*09'59'W..a dlstanea of 40.74 foot to a found 54 inch diamatar Iran pin stamped"PL$4$$JU"; Thence N 00'10'55'E..a distance of 38.42 feet to a found 519 inch dia motor bent Iron pin wlthout a cap on the Southern RighFaWYey of East Lake Hanel Road; Thence along said Southern Rlght-f-Way,S-89'H'57'E„a distatica of 853.33 feet to the POWrOF r3EGfNNAU This parrel contain$15,7t�erre6 more 4r pgss,. $1 BVFCT TO.-All uxi5ting rights of way and ea%ement5 of rgrrrd gr irr1pliad appearing on the above- described parcel of land, 623 3 1 ih Ave,South,Nampa,lD 93651 -T-(208)442-0115 -C"(208)608-2510-tgray-cIs ftmail.cam reap rent oun aryc uum na M3 rzaP an aq o p B. Annexation Description and Exhibit Map fPA r "NDS11RVT'ylhio PLLC v4L4�l C090L Jarron Langston Land Development Dale: February 22.2fl23 Jot?No..0323 awe y 1. G Q � S_ ANNE AMA DESCRIPTION A parcel of land being a portlon of the vy 112 N E 114 of Section 5,Township 2 North,Dense 1 East, a Merldlafi,Olty of htiefidiarr,Ada County, Idaho,more partiCularty described as follows; Commencing al a found Aluminum cep stamped"PLS 4431'marking the HE corner of said FEE 114,(Section CgrrLPr common to Sections 4 and 5 of Township 2 North, Range 1 East and Sections 32 and 33 of Township 3 North, Range 1 Easl),aid comer bears S.89"56'45"E..a distance of 2659.14 feat from a fou nd Brass Cap marking the NW comer of Bald HE 1f4.(North 114 caner); Thence along the Nort#iern boundary of said NE 114,N. 99°5645'W.,a distance of 1522.95 feel to the POINT OF BEGINNING.so id point monumentcd with a found 5 r8 inch dlanwtor Won pin Vdlh err l llegibta cap; Thence leaving said Narmern Boundary,S, IV10'52"E.,a distdnrre of 25.52 feel to fount 5M inch diameter Iron pin stamped'I LS 14221''; Thence S-09W51`E„o distance of 540.33 feet to a point; Thanes S-00°2373V E„a distance of 1213.70 feet to a found 518 inch diameter iron pin stamped"PL9 14221"; Thence 5 W22°25'E„a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said paint bears S.00°22'25'E„a distance of 45.93 from a found 5f8 inch diameter iron pin witness corner stamped 'PLS 14221"; Thence along the centedne of said Farr Laterai the following Courses and Di stances; Thence N.49°59'57"W.,a distance of 27.51 feet to a point; Thence N.22`30'24"W„is distance of 1518.71 feet In a poln4 Thence continuing,N_25'12'14*W_,a dJmanoe of 135.17 feel to a point marking the bergijning of a tongerFt curve to the heft; Thence a distance of 159_60 fget aipng ti,g ark 4f Sa id V "t4 the Left,ha'+iriq a radius of 200.00 feel,a *entml angle of 44'00'08",the 14ng chard of which bears N.47°12'21"W„a distance of 149,86 feet to a iht; Theme N.69.12'33"W.,a distance of 194.76 feet to a pvinl- Thence leaving said FaFr Lateral, N 00"09'S5"W. a distance of 40 74 feet in a found 5M inch drarneter iron pint stamped"RLS M A8' Theme N.00`1d'55"E„a distance of 38.42 feet to a found S18 inch diameter beat iron pin wfthout a cap on the SouMarrr Right-of•Way of East Lake Hazel Road; Thence N.W25'38"E„a distance of 25.16 fast to a found 518 inch diameter bent Iron pin wrthout a cap an the Northern bounda ry of said NE V4; Thence along said Na lhern boundary,S_89'-%'45"E..a distance of 848_59 feel to the POINT OF BEGIUN1NO. This parcel conlalns 16.25 acres more or teas. 6UW907"TO:All exleling rights of way And eawments of reoord or implied appearing on the above- de9Crited pafceil of land. 623 11 th Ave.SotAk Nampa.1D 83651 •T.(2 A)442-0115 1 C-(208)608-2510 v rgmy.als@pmA.com a 6� o <r e P y J 4 Q] 4� s A 1� Raap Ranch Annexation Closure 21 r2023 Scaie; 1 inch=221 feet File: Raap Ranch ArnnexaUon Closure 0 222023.nd Trod 1.1C2532 Acres,airsu e.M9.9224w b.b1 tL vwls 05F,Perlmemr-Asw tL 01 810_1952e 25.52 1U n06.0S%N 40.7d 02sOUSSie 546.33 11 nOb.W55e 39.42 03 a6U2b31a 1213.7 12 nob.2S36e 2S.l6 04a06" a45.93 13sW.564Se B18.59 05 n19.M7w 27.51 06 n22.3R24w 1518.71 07o25.1214w t35.17 M LA,rn200.DD,aama-G"AOM,cwps=n47_r221w TORS C. Preliminary Plat(dated: 3/25/24 ",�) PRELIMINARY PLAT KEEP WEST SUBDIVISION 1 614 00 ! i i;">��I". �.� ;���I ili_ III II II •.�:.0 P�.I�� �ly subd­ w. PP-1 D. Common Driveway Exhibit(dated: 2/15/24 3/25/24) COMMON DRIVE EXHIBIT Aft KEEP WEST SUBDIVISION Vim.I w ---- --�r------------ — ..o _.—L.L..___ .. _.r _____ . . _—Y--_—r.—-.—, -- e.e.....am�a y N tg •Y �. dAIW'A'.1� Sbd — � i - , I .. , PA1F1•EIIfYlI1L11 TABLE w�a- . ' I I it EXH-2.0 COMMON DRIVE EXHIBIT wAft BEEP WEST SUBDIVISION .J�f hIN#4 1fiN�1 Ff1#II y,I �K 21. --------------J f----------, 4 - � I s i y axe -rmz--- r-------'--' d_ PAIEA,EMYC2TI Li Seep west ,bd-. E. Landscape Plan(dated: 1442024 3/25/24) �EREo REMEMs � E. _� LL I J I I osr�ol � I' I � I IF I I I I I I I I —.�.. .o I ---------------------------------------------------------- ovEanu � n!'LTLT1- L10Q ! oe� m - _ 11 I I .ary.� I !1 1 I I I I I ••I� _ _ 1 - _— I I 3 1'. "AllInCe 1. I r - '�l 7 ._._._._._._._. .J. kr 11 I I _ . I I i II I i � -------------------------------------- -- -------- - L102 ! HID II, r lJ L__J 3 Oi1. � .4,...�. ....e 5 G. [u�oNaa�m;�fs�»ceenne•.,- 3 L150 OPEN SPACE EXHIBIT KEEP WEST SUBDIVISION 00 q 7— j j Subd- EXH-1 �Z. ilLk 4 �J r �{ s � •�� ''^.' � 'WO IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat, common driveway exhibit,landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall provide a covered pavilion(picnic area) and sports court for pickle ball as amenities for the Keep West subdivision as proposed in the preliminary plat. c. The existing home shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9- 4-8. 2. The final plat shall include the following notes and revisions: a. Lots 27, 30 and 39,Block 1 are non-buildable common lots and will be owned and maintained by the Keep No. 2 Subdivision Homeowners Association. b. Plaee the landseape buff-er-along E. Lake Hazel Read in a eammen let. lots on the plat. 3. The landscape plan submitted with the final plat shall include the following revisions: a. laelude raitigation infoFmation for-all existing tfees being r-eraeved from the site i-fl- aseer-d withthe standards listed in UDG 11-3B-�T b. Provide 4ndseaping along both sides of the pa4hway per-UDG 11 3B 12.C-- e. Extend the pathway on Lot 34,Bleek 1 to the eul de sae instead of having it dead end at Lot nn -Bleev i 4. The common driveways for Lot 22,and 23,27 and 28 Block 3 shall comply with the standards listed in UDC 11-6C-3D and the exhibit in Section VIII.C. 5. The address of the existing home shall change with development of the subdivision. 6. The Applicant shall obtain a Council waiver to allow the Farr Lateral to remain open in a natural state at the Council hearing,per UDC 11-3A-6. Written documentation from the Boise Board of Project Control approving the tiling of the Grimmett Lateral is required prior to signature on the final plat OR leave it open in a natural state if allowed. This document shall be submitted 15 days prior to the City Council hearing. 7. The appheant shall submit a revised plat map,fifteen days pr-*or-to the City Couneil 8. Except the existing home located at 6519 S.Raap Ranch Lane, all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 9. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=330390&dbid=0&repo=Meridian C hty C. PARK'S DEPARTMENT https:llweblink.meridianci(E.orglWebLinklDocView.aspx?id=330381&dbid=0&repo=MeridianC iv D. FIRE DEPARTMENT https:llweblink.meridiancio!.orgj ebLink1DocView.aspx?id=330404&dbid=0&repo=MeridianC iu E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLinklDocView.aspx?id=330749&dbid=0&repo=MeridianC hty F. ADA COUNTY https://weblink.meridiancity.orglWebLinklDoc View.aspx?id=331610&dbid=0&repo=MeridianC Lty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=330390&dbid=0&repo=MeridianC Lty H. BOISE PROJECT BOARD OF CONTROL https:/lweblink.meridiancioy.orglWebLinklDoc View.aspx?id=331610&dbid=0&repo=MeridianC 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; Commission finds the 4pplicant's request to annex the subject property with R-2 zoning and develop single-family detached dwellings on the site at a gross density of 1.46 units per acre is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-2 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds City services are available to be provided to this development. 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. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Commission finds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Commission finds the proposed plat is in conformance with scheduled public improvements in accord with the City's capital improvement program. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Life Church Inc. H-2024-0024) Between City of Meridian and Life Church Inc. for Property Located at 3225 E. Commercial Ct. ADA COUNTY RECORDER Trent Tripple 2024-068951 BOISE IDAHO Pgs=41 BONNIE OBERBILLIG 12/04/2024 08:56 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Life Church Inc., Owner/Developer Ti I1S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 3rd day of_i December 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 Life Church, Inc., whose address is 3225 E. Commercial Court, Meridian, I , 3642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 S,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 § 67-6511 A 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`11-5 -3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or rezoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for rezoning of 11.246 acres of land from the I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district on the property as shown in Exhibit"A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and DEVELOPMENT AGRF.EMEN`['—LIFE CHURCIi(H-2024-0024) PAGE I OF 7 1.7 WHEREAS, on the 6th day of November, 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 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on a rezone ordinance; 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 the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Life Church Inc., whose address is 3225 E. Commercial Court, 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. DEVELOPMENT AGREEMENT-LIFE CHURCH(H-2024-0024) PAGE 2 OF 7 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. The only uses allowed to operate on the property are church or place of religious worship (UDC 11-4-3-6) and education institution (UDC 11-4-3-14). 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 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 DEVELOPMENT AGREEMENT-LIFE CHURCH(H-2024-0024) PAGE 3 OF 7 hearing procedures set forth in Idaho Code section 67-6511 A, 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 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 t1DC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT-LiFE CHURCH(H-2024-0024) PAGE 4 OF 7 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: Life Church Inc. 3225 E. Commercial Ct. Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, DEVELOPMENT AGREEMENT-LIFE CHURCH(H-2024-0024) PAGE 5 OF 7 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 upon execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-LIFE CHURCH(H-2024-0024) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Life C urch Inc. By: ?eji c[eA+- STATE OF IDAHO ) ss: County of Ada ) On this:)I day of_I v 6V I m 'k r_.2024,before me,the undersigned, a01fil'o- ary Public in and for said State, personally appeared("lk-rV 60c K ,known or identified to me to t the _ _ of Life Church Inc. and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a ' affixed my official seal the day and year in this certificate first above written. CH y Public - tte of Ida Notary Public Notary Public-State of Idaho My Commission Expires: Commission Number 44472 My Commission Expires Feb 27,2029 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 12-3-20 Chris Johnson, City Clerk - - 2024 STATE OF IDAHO ) ss County of Ada ) On this 3rd day of December , 2024, before me, a Notary Public, personally appeared Robert E. Sim ison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S]'A L) Notary Public for Idaho My Commission Expires: 3_28-2028 DEVELOPMENT AGREEMENT—LIFE CHURCH(H-2024-0024) PAGE 7 OF 7 EXHIBIT REZONE LEGAL DESCRIPTION A Rezone being located in the SW 1/4 of Section 9,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and described as follows: Commencing at a brass cap monument as shown on Corner Record No. 110054174 marking the SW corner of said Section 9, thence along the west line of said SW1/4 and the centerline of Eagle Road N01°02'05"E a distance of 1098.20 feet to the POINT OF BEGINNING. Thence continuing N01°02'05"E a distance of 680.D1 feet to a point from which a brass cap monument marking the NW corner of said SW1/4 as shown on Corner Record No. 113077808 bears N01 02'05"E a distance of 872.05 feet, Thence leaving said west line and along the centerline of East Commercial Court S88°S3'48"E a distance of 720.65 feet to a point. Thence leaving said centerline S01'05'05"W a distance of 680.13 feet to a point on the southerly right- of-way of the Oregon Shortline railroad; Thence along the said southerly right-of-way N88'53'13"W a distance of 720.04 feet to the POINT OF BEGINNING; Said Rezone containing 11.246 acres more or less. *7- z EXHIBIT = MAP OF REZONE COMPREHENSIVE PLAN AMENDMENT LOCATED IN A PORTION OF THE SOUTHWEST 1/4, OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO CP&F 113077808 —2024- 1/4 17 16 w in u 0 0 N (V 0nry T W Z E. COMMERCIAL COURT S88'53'48"E 720.65 Q o (D O o00 00 ly- `D Rezone Parcel W w Area=f 11 .245 Acres � O o 0 W N o 0 z V) P.0.B. N88'53'13"W 720.04' SCALE: 1"=300' S. RxR Right—of—Way � LEGEND w Lo 0 o BOUNDARY LINE SECTION/TIE LINE o C6 z 8 9 17 16 CP&F 110054174 2024-8 LifeChurch PBA T3NR1ESec9.dw /'/ O GST REDS L� / 4-Rivers SurVe fni for" OF R McGV Ma 24 1310 Ska LA.He�Z](MZ7'T J>W9 22 Y :�f_4rr-�qo EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION&ORDER In the Matter of the Request for Comprehensive Plan Map Amendment and Rezone,by Ella Passey,Land Group. Case No(s). H-2024-0024 For the City Council Hearing Date of: October 22,2024 (Findings on November 6, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 22,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 22,2024, 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 § I 1-5A. 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 22, 2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) - 1 - 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 Comprehensive Plan Map Amendment and Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 22, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -2- City Code Title 1 1(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. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code §67-6521(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 22, 2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -3- By action of the City Council at its regular meeting held on the 6t h day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE . COUNCIL MEMBER DOUG TAYLOR VOTED_AYE COUNCIL MEMBER JOHN OVERTON VOTEDAYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED_AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert". Si ison 11-6-2024 Attest: K��4 Chris Johnso 11 4 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Chin � Dated: 11-6-2024 City Jerk's ice -v FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,­, DEPARTMENT REPORT HEARING 10/22/2024 Legend ILp DATE: Project Location r TO: Mayor& City Council ;::Area of Impact �= City Limits FROM: Linda Ritter,Associate Planner O Analysis 208-884-5533 lritter@meridiancity.org 1 APPLICANT: Ella Passey,Land Group -- SUBJECT: H-2024-0024 Life Church CPAM,RZ ;; - IT LOCATION: 3225 E. Commercial Court located in the SW 1/4 Sec 9,T. 3N,R1E � f� I. PROJECT OVERVIEW A. Summary Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 11.246-acres of land from Industrial to Commercial and Rezone(RZ)of 11.246-acres of land from Light Industrial(I-L)to General Retail and Service Commercial District(C-G)zoning district for the expansion of Life Church and the operation of Life Bible College. B. Issues/Waivers The Life Bible College(LBC),which is a two-year accredited school for adults all ages,has been operating at the school since 2012 without approval. The CPAM and rezone will allow the school to continue as education institutions are not permitted in the I-L zoning district. C. Recommendation Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone per the provisions in Section V in accord with the Findings in Section VI. Planning and Zoning Commission: Approval D. Decision Approved City of Meridian I Department Report 1. Project Overview IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Church and Education Institution - Proposed Land Use(s) Church and Education Institution - Existing/Proposed Zoning I-L/C-G VII.A.2 Existing/Proposed Future Land Use Industrial/Commercial VII.A.3 Designation Table 2: Process Facts Description Details Preapplication Meeting date Tuesday,May 7,2024 Neighborhood Meeting 5/21/2024;4 attendees Site posting date 9/4/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.H • Comments Received Yes, Staff Report - • Commission Action Required No - • Access SH 55 (Eagle Road)and Commercial Court(Existing) - • Traffic Level of Service ACHD does not set level of service thresholds for State - Highways or commercial streets ITD Comments Received Yes,letter IV.I Meridian Fire No Comments IV.0 Meridian Police No Comments IV.D Meridian Public Works Wastewater Distance to Mainline: less than 500 ft. from parcel;Impacts IV.B or Concerns:No Meridian Public Works Water Distance to Mainline: available at the site;Impacts or IV.B Concerns:No See City/Agency Comments and Conditions Section and the public record for all department/agency comments received. City of Meridian I Department Report II. Community Metrics Figure l: One-Mile Radius Existing Condition Metrics Reference Parcel: R1527260042 Date Retrieved:2024/7/22 Parcel Count Parcel Acreage Infill Indicator: 169 Surrounding Area 240 14"/0 Not City 41 (3 ® City Limits 1,284 1,459. ■ Not City 6 Household Change Household & Population Growth Households =2M 02020 Population Change: 33.6% population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 Use Types Residential Addresses Single-familv All Addresses ❑ Multi-family 126 ❑ Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I I I I Proposed i Pending Pending Approved Approved 0 50000 100000 150000 200000 250000 0 500 1000 1500 Single-family ❑ Multi-family City of Meridian I Department Report II. Community Metrics Figure 3: Service Impact Summary ImpactService • • Ready a O O O O O O O O Marginal Caution O O °.°a �o City of Meridian Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The current Future Land Use Map(FLUM)designation for the properties is General Industrial and the zoning district is light industrial(I-L). The applicant is requesting a Comprehensive Plan Map Amendment(CPAM)to change the FLUM to accommodate a rezone to C-G to allow for the uses of Life Church and the Bible College which are principally permitted uses. Mixed Use Regional,MU-RG is adjacent to the property to the west; and Commercial FLUM is adjacent to the south and southwest. After reviewing the comprehensive plan and nearby properties, staff believes the requested commercial designation is appropriate given the proximity to the railroad and surrounding industrial uses. Additionally,the Commercial FLUM designation,which already exists to the south of this property, further supports this recommendation. Industrial: The Comprehensive Plan identifies Industrial land uses as a designation that allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing,flex, and incidental retail and offices uses. Sample zoning include: I-L and I-H. Commercial: Commercial land uses are identified as a designation that will provide a full range of commercial uses to serve area residents and visitors.Desired uses may include retail, restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The C-G zone is defined as the largest scale and broadest mix of retail, office, service, and light industrial uses within close proximity to interstate or arterial intersections. Staff s analysis of the CPAM request are as follows: 1. Alignment with Existing Uses: • The current uses(church and bible school)fit better within the Commercial designation, where such uses are principally permitted. • Under the General Industrial designation,educational institutions are prohibited, and churches require a CUP. 2. Compatibility and Planning Goals: • C-G Zone Characteristics: Suitable for the largest scale and broadest mix of retail, office, service, and light industrial uses,especially near interstate or arterial intersections. • Surrounding Zoning: The properties to the south and northwest are zoned C-G, indicating that a change to C-G would be consistent with existing land use patterns and zoning designations. 3. Site Design and Community Impact: • The Commercial designation will facilitate the continued operation and potential expansion of the church and bible school,promoting a more coherent and compatible land use pattern. • Changing the FLUM designation to C-G supports the existing uses on the property and aligns with the surrounding commercial and mixed-use areas. Given the proximity to the railroad,the surrounding industrial uses, and the existing commercial zoning to the south and northwest, staff finds that the requested Commercial FLUM designation City of Meridian I Department Report III. Staff Analysis (C-G) is more appropriate for this location. This designation aligns with the existing and desired land uses and supports the continuation and expansion of the church and bible school. Table 4: Proiect Overview Description Details History AZ-01-013,CZC-09-021,CUP-11-003,CZC 11-060 Phasing Plan None Residential Units N/A Open Space N/A Amenities N/A Physical Features Railroad tracks to the south of the property Acreage 6.72 Lots/ 11.246 rezone and Comprehensive Plan Map amendment area Lots 2 Density N/A B. History and Process The project site is located at the southeast corner of Eagle Road and E Commercial Court. The site consists of two parcels which total approximately 6.72-acres. The parcels are lots in the Commerce Park Subdivision recorded in 1979. In 2011,Life Church requested approval of a Conditional Use Permit(CUP)for the operation of a church in an existing warehouse building in an I-L(Light Industrial)zoning district(CUP-11- 003).Although a church is not listed in the Comprehensive Plan as a preferred use in Light Industrial areas, it is designated as a conditional use in the Unified Development Code(UDC). Because the proposed use will be on the periphery of most of the industrial activity occurring in the area and there are staggering hours of operation, staff believed the Church activities would not interfere with the adjacent uses. Furthermore,the building was currently vacant and being underutilized and the Comprehensive Plan encourages the adaptive reuse of existing developed sites. For these reasons, Staff found that the request generally conformed to the Comprehensive Plan. As the CPAM is needed to rezone the property from the I-L zoning district to the C-G zoning district, staff is recommending the applicant enter into a development agreement with the City. C. Site Development and Use Analysis The Applicant proposes an amendment to the FLUM to change the existing Industrial designation to Commercial. The Commercial designation provides a full range of uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The Applicant proposes to continue to operate the church and an education institution within the existing building. 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing church on the western property that was approved with CUP-11-003. The applicant is proposing to increase the size of the existing building an additional 68,832 square feet for a total of 112,779 square feet with associated parking and landscaping per the UDC. 2. Proposed Use Analysis (UDC 11-2): The applicant is proposing to expand the church and continue operating of Life Bible College (LBC). LBC is a two-year accredited school for adults of all ages. LBC was not permitted as City of Meridian I Department Report III. Staff Analysis part of the approved CUP for the church and has been operating since 2012. In order for the school to continue its operation, the applicant has requested a CPAM and rezone to change the zoning from I-L to C-G as education institutions are not permitted in I-L zoning district. 3. Dimensional Standards (UDC 11-2): In the I-L zoning district, a ten (10)foot landscape buffer is required for E. Commercial Court.A thirty-five (35)foot landscape buffer already exist along N. Eagle Road as it is a corridor entryway. Parking lot landscaping shall adhere to the requirements of UDC 11-3B- 8.A landscape buffer is not required for non-industrial uses other than residential. The property is not adjacent to any residential uses. The maximum building height for this area is fifty(50)feet. The requirements are the same in the C-G zoning district, except the maximum building height is sixty-five (65)feet). 4. Specific Use Standards (UDC 11-4-3): The applicant shall meet the requirements for Education Institution (UDC 11-4-3-14) and Church or Place of Religious Worship (UDC 11-4-3-6). D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan 5.01.02A, Comp Plan 5.01.02D, UDC 11-3A-19): Staff shall ensure the application maintain and implement community design ordinances, quality design criteria, and complete street policies to set quality standards citywide. The design of the existing structure was approved in 2011 CZC-11-060 and DES-11-037. Per the Plan policy above, staff will ensure the appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. The proposed addition will be required to obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES) approvals before the submittal of a building permit. CZC and DES approval shall occur prior to building permit issuance. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets The applicant is required to construct a ten (10)foot wide landscape buffer along E. Commercial Court, a local street, as there is existing landscaping along N. Eagle Road. In addition,per UDC 11-3B-8, at least 5 feet of landscaping is required along the perimeter of vehicle use areas (i.e. drive aisles). The applicant is also required to replace the trees that were part of the approved landscape plan as shown in Exhibit VII E that were removed from the landscape buffer along N. Eagle Road. These trees should be included on the landscape plan submitted with the Certificate of Zoning Compliance and Administrative Design Review application. ii. Parking lot landscaping Per UDC 11-3B-8, the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort ofpedestrians.A five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas. iii. landscape buffers to adjoining uses City of Meridian I Department Report III. Staff Analysis Per UDC 11-2C-3 standards, no buffer is required for non-residential uses as there are no residential uses adjacent to the properties. iv. Tree preservation Per UDC 11-313-10, existing trees that are retained shall be protected from damage to bark,branches, and roots during construction. The City of Meridian parks department arborist shall approve the protection fence(s)prior to construction. Any severely damaged tree shall be replaced in accord with subsection C5 of this Section. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred (100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5) four-inch caliper trees,or seven(7) three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. The trees that were slated to remain but were removed from the thirty-five(35)foot landscape buffer along N. Eagle Road shall be replanted. momr Lr City of Meridian Department Report III. Staff Analysis # r! f 6 The existing landscaping along the east side of the developed lot shall be protected during construction. s v. Storm integration Per UDC 11-3B41, the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well designed stormwater filtration swales and other green stormwater facilities into required landscape areas, where topography and hydrologic features allow if part of the development. vi. Pathway landscaping No pathways are being proposed or required for this development per the Parks Department, therefore pathway landscaping is not required. 3. Parking (UDC 11-3C): The purpose of this article is to provide regulations and standards for off street parking and loading facilities with the intent to provide off-street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by Section I1-3C-6 of this Article, and designed as required by this section. Off- street parking for commercial is required to be provided in UDC 11-3C-6 based on the gross floor area. i. Nonresidential parking analysis In commercial districts, the requirement shall be one(1)space for every five hundred (500)square feet of gross floor area, except for self-service storage facilities which shall only require parking based on the gross floor area of any office space. As the zoning is changing from industrial to commercial, the total number of parking spaces required is City of Meridian I Department Report III. Staff Analysis two hundred twenty-six(226). The applicant is proposing two hundred-fifty(250)parking spaces (115 existing and 135 proposed). This exceeds the UDC standards. ii. Bicycle parking analysis A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on 578 vehicle parking spaces, a minimum of twenty- three(23) bicycle parking spaces is required.An example of the bicycle rack has been depicted on the site and landscape plans. 4. Building Elevations (Comp Plan, Architectural Standards Manual): Administrative Design Review(DES)and Certificate of Zoning Compliance (CZC) approval is required before building permit submittal for the church addition. The submitted elevations and site plan will be fully analyzed with the future applications. Conceptual building elevations were submitted for the proposed church addition as shown in Section VIII.E. Final design is required to comply with the design standards in the Architectural Standards Manual(ASM). E. Transportation Analysis 1. Access (Comp Plan 6.01.02B, Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): The applicant shall be required to 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. Staff shall require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties. Access to the property is from E. Commercial Court via N. Eagle Road. 2. Pathways (Comp Plan 3.07.OIE, UDC 11-3A-8): The Meridian Pathways Master Plan should be integrated into the site development review process to ensure plan pathways are built out as adjacent land develops. There are existing pathways on the property an no other pathways are being proposed or required for the proposed development. There is an existing ten (10)foot wide multiuse pathway along N. Eagle Road, no additional pathways are required. 3. Sidewalks (UDC 11-3A-17): There is an existing detached ten (10)foot wide sidewalk/multiuse pathway along N. Eagle Road. The applicant will be required to install a five (5)foot wide sidewalk along E. Commercial Court with the church addition. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. City of Meridian I Department Report III. Staff Analysis 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. 3. Utilities (Comp Plan 3.08.02A, Comp Plan 3.08.02C, UDC 11-3A-21): Staff will communicate planning efforts with local decision makers and utility service providers, including irrigation districts, energy, natural gas, solid waste, and telecommunications. Staff will regularly coordinate with other public utilities and essential service providers and annually review master plans for public facilities and services; update as needed. 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. All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot (20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of rezone of this property. Prior to approval of the rezone 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. NOTE: A Certificate of Zoning Compliance and Administrative Design Review application shall not be submitted until the Rezone Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VIII and the provisions contained herein. b. The only uses allowed to operate on the property are church or place of religious worship (UDC 11-4-3-6)and education institution(UDC 11-4-3-14). B. Meridian Public Works See public record(copy the link into a separate browser) https:llweblink.meridiancity.oLylWebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit X C. Meridian Fire Department No comment D. Meridian Police Department No comment E. Meridian Park's Department No pathways required with this application. City of Meridian I Department Report IV. City/Agency Comments &Conditions F. Meridian Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https:llweblink.meridianciU.oLvlWebLinkIBrowse.aspx?id=351925&dbid=0&repo=MeridianCit Y G. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https:llweblink.meridiancity.orzlWebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit Y H. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https:llweblink.meridianciU.oLvlWebLinkIBrowse.aspx?id=351925&dbid=0&repo=MeridianCit Y I. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https:llweblink.meridiancity.orzlWebLinkIBrowse.aspx?id=351925&dbid=0&repo=Meridian Cit Y V. FINDINGS A. Rezone(UDC 11-5B-3E) B. Comprehensive Plan(UDC 11-5B-7D) VI. ACTION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone per the provisions in Section V in accord with the Findings in Section VI. B. Commission: The Meridian Planning&Zoning Commission heard these items on September 19,2024. At the public hearing,the Commission moved to recommend approval of the subject CPAM and Rezone requests. 1. Summary of Commission public hearing_ a. In favor: Tamara Thompson,The Land Group b. In opposition:None c. Commenting d. Written testimony: Tim Wallace—wants assurance that if the CPAM is approved that his property will not be affected and will maintain the same rights they have with the current zoning.Wanted to make sure they would not be subject to any new limitations of being next door to a C-G zoned property. e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None City of Meridian I Department Report V. Findings 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on October 22,2024.At the public hearing.the Council moved to approve the subject Comprehensive Plan Map Amendment and rezone requests. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson, Land Group and Pastor Wade Moore,Life Church b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application:None 2. Kev issue(s)of public testimony: a. None 3. Kev issue(s)of discussion by City Council: a. Industrial land starting to shrink and utilized by other uses.Wanted to Imow why churches were purchasing properties within the industrial zonin areas 4. City Council change(s)to Commission recommendation: a. None VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location as s F y ;;;Area of Impact OAnalysis -a! m S' Z 4': i - a I' City of Meridian Department Report VII. Exhibits 1 • . 1 FAIRVIEW ' uuuul■,� -• ��� '�ir�lPililixlllil �liiie=� Ns �+6 r uuuun-- ■, I�I aasss.p 9 p Nil Jill IL N unni.alllll'1 n irua i i Illilllllll ;rul.._1lq Ll FRAN KL-IN Ir r' END MEN an. MEN �� - ~�:: r i•inii�.�. +��t'N� � PI ♦`I aaa•l'grf+ +■11156.= 9_III a +►,,ti v 4�a••N/♦_' (�Q� �� ��� C�iiinidl e :�nn:r 1�r��ry0�0�? •i iiMIN iV 1 rp FAIRVIEW i� �rnpnlln*rIl1•Iuuw =rn_-� -1nlx -- j Irlpix.y� .* 11lllllly� ji O _ riixisor.i R - noon_��r, anxs+*rii� _.Ulnr r 4� .^�� - • - • unlnr�lllllal IIIIrlllllll ;■■a.__Ill# W PINE 1!l1111■lln :==��+lm V � ■ FRANKL-INN 7 rl • Density w+ .� Residential dV, r 11111111�i1 t•+'���— s:.if+Ind =,Inglq ills■ t,•r�pf .�� III 1111= +��i��* �ff�., r.r r 7•one��_ \.I ♦�•!gilt+ mu tul�..M :•+i■.u•� :� - • � R4tiaiiiru Mtn ■ +r�x+a ♦ pql►��_ r C:*prou4 4. Planned Development Map Legend Project Location Area of Impact �® T==' City Limits Planned Parcels i Analysis ' ,llllll �C !Li r r r r ` � r � t y� ® City of Meridian Department Report VII. Exhibits B. Subject Site Photos City of Meridian Department Report VII. Exhibits RFC HJ1NiC1N� - �+ hl 5, DepartmentCity of Meridian po DepartmentCity of Meridian 10 C. Service Accessibility Report PARCEL R1527260042 SERVICE ACCESSIBILITY Overall Score: 38 98th Percentile Description Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 140 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of future transit route YELLMV Arterial Road Buildout Status Ultimate configuration (#of lanes in master street4 GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School arivability Middle or Elementary School within 1 mile driving GREEN (existing or future) 16 Either a Regional Park within 1 mile OR a Community ParklWalkability Park within 1/2 mile OR a Neighborhood Parkwithin GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits D. Site Plan(date: 6/11/2024) p�lypyryy. _ "__Yi IIQYII •.—w�� —,�"�— - 71�7l1IC 1, r �m dfl834 Wl PRQP09f0 3 onm uEmaY 3 7 OM r -------------------- I} T I_ I, I_I,I I� j E rrrrw. 1!I i41 &IMr1a41CPW C2.0 0 '" "' City of Meridian Department Report VII. Exhibits E. CUP Approved Landscape Plan (date: 2/28/2011) Trees that need to be replanted Jr I - I -- — — LO 4 f i -- -- - :: Nkr a- r s Juro�nt�cn for L"O Church City of Meridian I Department Report VII. Exhibits F. Building Elevations(date: 6/13/2024) u. i ui t jr ai{ -- - wall . d . _ ..._ City of Meridian Department Report VII. Exhibits s - . .Ik f 'iI � I C�N STFI LICT1 ClN on Fig I t CONSTRUCTION City of MeridianDepartment Re 11Exhibits r � CONBTRUC TfON City of MeridianDepartment Re 11Exhibits G. Rezone Exhibit Map&Legal Description EXHIBIT "A." MAP OF REZONE COMPREHENSIVE PLAN AMENDMENT LOCATED IN A PORTION OF THE SOUTKWEST 1/4, OF SECTION 9, TCUSHIP 3 NOFfFR, RANGE 1 EAST. EI.M„ CITY OF MERIDIAN, ADA COUNTY, IDAHO CP&F 11 Q77$08 —2024— 1 4 ip 17 18 w Q . Ln ,n 00 0.r' r co z E. COMMERCIAL COURT 589' 3 41 E 720-65' Q � Co Rezone Parcel � .J W Area=±11.246 Acres o W � U") Z P.O.P.O.B I NW53'13'W 720.04' SCALE; 1'=X0' 5- RxR Right—of— c LEGEND w o BOUNDARY LINE c�v 5ECTION/YIi: LINE 13 17 16 CP&F 1JOU54174 2024-8 LifeChuMh PDA T.�NRIESeoV.dw u L 1 ! E ! J ' fdCCL U10 5 2 k�ay �ianc,T-JM Tf2 I 77 City of Meridian Department Report VII. Exhibits FXHIBiT'Rp REZONE LEGAL DESCRIP ION A Rezone bei ng located in the SW 1/4 of Section 9r Township 3 North,Range I Last,Boise Meridf an,City of Merldian,Ada County, Idaho and described as folilows: Co mmen ci ng at a brass ca p man ume nt as shown on Corner Record No_110054174 marking the SW corn ar of said Se0on 9,thence along the west line of so id SW 1/4 a nd the cen terline of Eagle Road N01°02'05"E a distance of 309$.�Q fast to the 13101 N FOF BEGINNING. Thence Continuing NO2'02'05'E a distance of 680.01 feet to a polrit from which a bra$$cap man ument marking the NW turner of said SW1f4 as s#own on Comer Record No.113077808 bears N01°02'05"E a distanve of 872.05 feet, Thence leaving said west Ilne and along the centerline of East Commercial Court 588°53'4eE a distance of 720.55 feet to a po int. Thence Ieavi ng said centerline 501'0$'Q5"W d&Stance of 680.13 feet to a point on the southerly right- of-way of the 0rgon 5hortlkne railroad; Thence along the so Id saut he rly right-of-way N88°53'I3"W a distance of 720.04 feet to the POINT OF 0EGINNING; Said Rezone containing 11_245 acres more or kess- 0 City of Meridian I Department Report VII. Exhibits H. CPAM Exhibit(date: 07/16/2024) 0 500 1.000 Date:7/1612024 Feet Adopted Future Land Uses "— PINE` r Legend Applicant Proposed Future Land Uses Citywide Law Density Residential �,� Medium Density Residential Med-HighDensilyResidantial ` - High Density Residential Il #+�i� - Commerolal &0," 1 - Off ce Flo - Indudlnal ■ a WZY,II Civic Proposed Future Land Uses Old Town — �s�� Mixed Use Nei hbarhood l r ® g 4 i� OII/sANSO. <. b! i Nam. Mixed Use Community Ir„f { PINES+�� - Mixed Use Regional — Mixed UseNon-Residential ® Mixed Use-Interchange Ten Ale Specific W - Low density Employment _ 1 ® UlestyleCenter + — / — High Density Employment I���r// 1 Mixed Employment Mixed Use ResidentialVA 1 0/0 00 O '11 {1 Mixed UseCommercial / / ' 1 ?no PXXXIAIJ FJR NygKyLIN�� .- - I City of Meridian I Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve and authorize Procurement Manager to issue the Purchase Order to The Public Restroom for the Not-to-Exceed amount of$372,534.00 for two Prefabricated Buildings and installation of buildings at Lakeview Golf Course C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: December 3, 2024 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Purchase Order to The Public Restroom for the Not-to-Exceed amount of $372,534.00. Recommended Council Action: Approve and authorize Procurement Manager to issue the Purchase Order to The Public Restroom for the Not-to-Exceed amount of$372,534.00 for two Prefabricated Buildings and installation of buildings at Lakeview Golf Course. Background: This is a purchase off the Sourcewell Coop agreement. CITY OF MERIDIAN Purchase Requisition CiWE IDIAN—- Purchasing Department ®- DATE OF 10/24/2024 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 7 MERIDIAN, ID 83642 Parks and Recreation PURCHASE ORDER NUMBER MUST APPEAR ON • TEL: (208)489-0417 SLIPS,CARTONSAND CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $850,000.00 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR Public Retsroom Company No 2567 Business Parkway Minden, NV 89423 CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS- F.O.B. REQUESTOR Mike Barton NET 30 PREPAID DESTINATION Mike Barton PROJECT NAME: Lakeview Golf Course Restrooms Site C and D Description of Purchase Quantity and Pricing ACCOUNTINGCODES DESCRIPTIONPART NUMBER/ • QTY UNIT UNIT PRICE FUND OR PROJECT/ TOTAL AMOUNT TASK ORDER/CONTRACT/PROJECT DESCRIPTION I I Per Sourcewell contract and quote 2 $ 168,975.00 1 5390 93408 $ 337,950.00 Proprietary Installation 2 $ 17,292.00 1 5390 93408 $ 34,584.00 $ - $ - NOTES: Council Approval Date: 10/1/2024 $372,534.00 AUTHORIZED DEPARTMENT SIGNATURE How to fill out the Purchase Requisition. Fill in the SHIP TO DEPARTMENT NAME. This is the name of the requesting department and where the product will be shipped If the Ship To location is somewhere other than the department location, please enter that address in the lines below the department name and highlight it. Fill in the DATE OF REQUEST located in the box on the right hand side of the form. Fill in the amount of budget available for this commitment. Is a budget amendment required to fund this request? Answer YES or NO. Enter the name of the SUGGESTED VENDOR. Please check with FINANCE to verify that the City of Meridian has the vendor set up as an account. If the vendor is not set up, request that a W-9 form be submitted to FINANCE before placing the order. If PURCHASING receives this Purchase Requisition and the vendor is not set up,an order processing delay occurs If vendor will be determined by procurement process,enter"TBD" CITY SUPPORT(JITBIT)TICKET NO is entered by purchasing staff. Enter the PROJECT NAME,TASK ORDER NAME AND NUMBER and/or PROJECT/COMMITMENT NUMBER Enter the name of the PROJECT MANAGER and REQUESTOR. Under"PART NUMBER/DESCRIPTION/COMMITMENT NAME /TASK ORDER/CONTRACT/PROJECT DESCRIPTION Enter the COMMITMENT NAME,TASK ORDER or PROJECT DESCRIPTION, Part Number or Description of Item being purchased If you have more than one item,enter each on a separate line. Enter the QUANTITY for each line item. Enter the UNIT and UNIT PRICE for each line item. (Task orders and contracts should be listed as CITY 1 and UNIT EA. Unit price and total will be equal.) ACCOUNTING CODES Enter the FUND that you want the expense to impact 1) The FUND number will be either: (a) 01,07,08, 20,55,or 60 depending on what FUND the budget is in Enter the DEPARTMENT CODE you want the expense to impact 1) The DEPARTMENT CODE is a 4 digit number that corresponds to your department Enter the GL ACCOUNT NUMBER(Expense Account)for each item. 1) The GL ACCOUNT NUMBER(Expense Account) is the 5 digit number where the budgets are located Enter the PROJECT CODE/COMMITMENT#you want the expense to impact 1) The PROJECT CODE/COMMITMENT is an alpha numeric code that identifies a specific project or commitment to charge all expenses to INFORMATION ONLY The FUND, DEPARTMENT CODE,GL ACCOUNT NUMBER,AND PROJECT CODE make up the accounting code for your request. The accounting code will hold the budget dollars and actual expenses for your PO request. Accuracy is important as the resulting PO encumbers this accounting code(budget line item). Not all requests will have a project number. Call Purchasing if you are unsure. This form will automatically total your request. In the NOTES field add any information that you feel is significant. AUTHORIZED DEPARTMENT SIGNATURE Each department has a list of employees and amounts that they are authorized to sign for. Please make sure that the authorized department personnel signs the form. The completed and signed form must be submitted to Purchasing, along with the required support documents via a CITY SUPPORT(JITBIT)ticket. PRINT AND SUBMIT ONLY PAGE 1(NOT THESE INSTRUCTIONS) City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 5390 - Lakeview Capital Projects From 10/1/2024 Through 9/30/2025 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 93408 Golf Course improvements 3,815,147.04 22,228.00 3,792,919.04 Total Capital Outlay 3,815,147.04 22,228.00 3,792,919.04 DEPT EXPENDITURES 3,815,147.04 22,228.00 3,792,919.04 TOTAL EXPENDITURES 3,815,147.04 22,228.00 3,792,919.04 Date: 11/13/24 02:24:48 PM Page: 1 PUBLIC RESTROOM COMPANY Building Better Places To Go."' No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company. Offered by. Public Restroom Company by Charles E. Kaufman IV, President This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals,this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached. Accepted by: Authorized Signature 12-3-2024 Date Signed Robert E.Simison City of Meridian, Mayor Printed Name Legal Entity Name and Address Attest: Chris Johnson, City Clerk 12-3-2024 Lakeview Golf Course Installations- Meridian, ID 1 10.4.24 1 Reference#11688-8/9/2023-1 2587 Business Parkway I Minden, NV 89423 1 www.PublicRestroomCompany.com I p: 888-888-2060 1 f: 888-888-1448 9of9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Memorandum of Understanding between the City of Meridian Finance & Public Works Departments for the ARPA funding for the Wastewater Resource Recovery Facility Biosolids Dryer Project for the Not-To-Exceed amount of$192,878.46 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 12/3/2024 Presenter: N/A Estimated Time: N/A Topic: Approval of MOU between the City Finance & Public Works Departments for the ARPA funding for the WRRF Biosolids Dryer Project for the Not-To-Exceed amount of$192,878.46. Recommended Council Action: Approve MOU for the Not-To-Exceed amount of$192,878.46 Background: This is a requirement for the contingency on the ARPA funded Biosolids Dryer project. Memorandum of Understanding American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF) This Memorandum of Understanding (MOU), is entered into by the City of Meridian and The Meridian Public Works Department (the Department)for the use of certain federal financial assistance as allocated by the City. The purpose of this MOU is to establish a framework for the collaboration between the City's Finance Department and the Public Works Department to carry out the following project: Section 1 — General Information Prime Recipient City of Meridian Awarding Agency U.S. Department of the Treasury Program Coronavirus State and Local Fiscal Recovery Funds Assistance Listing Number (ALN) 21.027 Federal Award Identification Number (FAIN) SLFRP5436 To cover eligible costs incurred beginning March 3, 2021, and ending with costs Period of Performance Start and End Dates incurred or obligated by December 31, 2024 and all costs expended by December 31, 2026. Project Name WRRF Biosolids Dryer Grant Amount $192,878.46 City Contact Information Laurelei McVey (208) 489-0365 Page 1 of 5 Memorandum of Understanding —WRRF Biosolids Dryer Section 2 - The Grant 2.1 - Overview of the Grant The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, delivered approximately $12,800,000.00 million to the City to support its response to and recovery from the COVID-19 public health emergency. The SLFRF program provides governments across the Country with the resources needed to: • Fight the pandemic and support families and businesses struggling with its public health and economic impacts • Maintain vital public services, even amid declines in revenue resulting from the crisis • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. 2.2 - Project Amount The City Council has allocated, and the Public Works Department agrees to accept, on the terms and conditions in the MOU, the grant amount listed in Section 1 - General Information. 2.2 - Project Purpose The grant is being made solely to finance the project described in Section 1 - General Information of the MOU. The Department shall expend the grant funds only for costs eligible for reimbursement under ARPA; 2 CFR Title 2, Subtitle A, Chapter II, Part 200.430 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the "Uniform Guidance"), and other applicable federal rules and regulations. The Department shall expend the grant funds only for goods and services described in its application that was reviewed and approved by the City Finance Department and City Council. The Department shall be responsible for compliance with, and shall comply in all material responses with, all applicable laws and regulations, regardless of whether the laws or regulations are expressly referenced herein. For information on eligible costs for recipients, subrecipients or beneficiaries refer to the Recipient Handbook and applicable federal law and regulations, and guidance issued by the U.S. Department of the Treasury for use of SLFRF funds. 2.3 - Period of Performance All eligible expenditures must be incurred or obligated by December 31, 2024, and expended by December 31, 2026, as allowed by federal law and regulation. 2.4 - Reporting and Compliance with Laws The Department shall comply with all reporting requirements set forth by the Finance Department. In addition, the Department agrees that each project shall be constructed or undertaken, and each grant shall be expended in full compliance with all applicable provisions Page 2 of 5 Memorandum of Understanding -WRRF Biosolids Dryer of federal, state, and local law and all regulations thereunder. Without limiting the generality of the foregoing, the Department covenants to comply in all respects with all applicable law, regulation and rule regarding bidding, procurement, employment, and anti-discrimination. Section 3- Federal Requirements 3.1 — Federal Award Terms and Conditions The parties acknowledge that these funds constitute federal financial assistance to the City of Meridian, Idaho, including all departments of the City, and therefore use of these funds must be in accordance with Uniform Guidance, and that none of these requirements are waived by recitations or terms of this MOU or representations of the parties later during the term of performance, closeout, or post-closeout period except as allowed by law. The project design and purpose may require funds to be paid to subrecipients, contractors, and/or beneficiaries and for the Department to be a Pass-through Entity under federal regulations. The Department specifically acknowledges responsibility for its duties under Uniform Guidance, including without limitation: • 2 CFR 200.214 — Suspension and Department • 2 CFR 200.301 Performance measurement • 2 CFR 200.302 Financial management • 2 CFR 200.303 Internal Controls • 2 CFR 200.317-327 Procurement Standards • 2 CFR 200.331 Subrecipient and contractor determinations • 2 CFR 200.332 Requirements for pass-through entities including subrecipient risk assessment, monitoring, and follow-up The Department will adhere to and apply to all subrecipient the Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards. The City's Finance Department should be consulted as needed to ensure adherence to contracts, and conformance with federal requirements. 3.2 Title VI Civil Rights Laws The Department by entering this MOU certifies its compliance with Title VI Civil Rights laws. The Department will also seek certification of compliance as may be required of subaward recipients and contractors. Section 4 - Miscellaneous 4.1 —Termination The Finance Department, in its sole and absolute discretion, may terminate this MOU hereunder: Page 3 of 5 Memorandum of Understanding —WRRF Biosolids Dryer (i) If the Department has breached any provision of this MOU or has failed to comply with any applicable federal, state, or local law or regulation applicable to this project; (ii) If any representation or warranty, including supporting documentation, made by the Department shall prove to have been incorrect in any material respect at the time made; or (iii) If the Department is noncompliance due to severe programmatic or administrative issues, such as inability to deliver on objectives, or inability to submit information required for ongoing monitoring. 4.2 - Changing Guidance from the U.S. Department of the Treasury The U.S. Department of Treasury has provided ongoing guidance on the use of and reporting on SLFRF funds. If any new guidance materially impacts how the Department plans to use the SLFRF funds, the Finance Department has the right to change the project, so it can be compliant with federal requirements. 4.4 - Political Activity Prohibited None of the funds provided under this MOU shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office or ballot measure. However, no person engaged to perform such services pursuant to this MOU shall be precluded from devoting income derived from such services to any lawful political activity, or to the support of a candidate for public office or of a ballot measure. 4.5 - Right to Review The Department's project and accounting for expenditures of SLFRF funds are subject to review by any federal or state auditor; the Finance Department; or their designees. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by City or other agents or employees, inspection of all records or other materials which the parties deem pertinent to the MOU and its performance, and all communications with or evaluations by service recipients under this MOU. 4.6 - Modifications Each party may request changes in the MOU. Any and all agreed modifications shall be in wiring, signed by each of the parties. 4.7 - Records Maintenance The Department shall maintain all books, records, documents, data, and other evidence relating to this MOU and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this MOU. The Department shall retain such records for a period of seven (7) years following the date of final payment. Page 4 of 5 Memorandum of Understanding -WRRF Biosolids Dryer If any litigation, claim, or audit is started before the expiration of the seven (7) year period, the records shall be retained for a period of seven (7) years after all litigation, claims, or audit findings involving the records have been finally resolved. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of the latest date set forth below. City Meridian Public Works Department (recipient) Signature: Name: Laurelei McVey Title: Public Works Director Date: 12-3-2024 Name of Department: City of Meridian Finance Department Signature: Name: Todd Lavoie Title: Chief Financial Officer 12-3-2024 Date: Page 5 of 5 Memorandum of Understanding —WRRF Biosolids Dryer E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Memorandum of Understanding between the City Finance & Fire Departments for the ARPA funding for the Fire Station 8 Construction Project for the Not-To- Exceed amount of$4,411,111.61 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 12/3/2024 Presenter: N/A Estimated Time: N/A Topic: Approval of MOU between the City Finance& Fire Departments for the ARPA funding for the Fire Station 8 Construction Project for the Not-To-Exceed amount of $.4,411,111.61 Recommended Council Action: Approve MOU for the Not-To-Exceed amount of$4,411,111.61 Background: This is a requirement for the ARPA funding for the Fire Station 8 Construction project. Memorandum of Understanding American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Funds (SLFRF) This Memorandum of Understanding (MOU), is entered into by the City of Meridian and The Meridian Fire Department (the Department) for the use of certain federal financial assistance as allocated by the City. The purpose of this MOU is to establish a framework for the collaboration between the City's Finance Department and the Fire Department to carry out the following project: Section 1 - General Information Prime Recipient City of Meridian Awarding Agency U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Program Funds Assistance Listing Number (ALN) 21.027 Federal Award Identification Number (FAIN) SLFRP5436 To cover eligible costs incurred beginning March 3, 2021, and ending with costs Period of Performance Start and End Dates incurred or obligated by December 31, 2024 and all costs expended by December 31, 2026. Project Name Fire Station 8 Construction Grant Amount $4,411,111.61 City Contact Information Kris Blume (208) 489-0449 Page 1 of 5 Memorandum of Understanding - Fire Station 8 Section 2 - The Grant 2.1 - Overview of the Grant The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, a part of the American Rescue Plan, delivered approximately $12,800,000.00 million to the City to support its response to and recovery from the COVID-19 public health emergency. The SLFRF program provides governments across the Country with the resources needed to: • Fight the pandemic and support families and businesses struggling with its public health and economic impacts • Maintain vital public services, even amid declines in revenue resulting from the crisis • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. 2.2 - Project Amount The City Council has allocated, and the Fire Department agrees to accept, on the terms and conditions in the MOU, the grant amount listed in Section 1 - General Information. 2.2 - Project Purpose The grant is being made solely to finance the project described in Section 1 - General Information of the MOU. The Department shall expend the grant funds only for costs eligible for reimbursement under ARPA; 2 CFR Title 2, Subtitle A, Chapter II, Part 200.430 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (the "Uniform Guidance"), and other applicable federal rules and regulations. The Department shall expend the grant funds only for goods and services described in its application that was reviewed and approved by the City Finance Department and City Council. The Department shall be responsible for compliance with, and shall comply in all material responses with, all applicable laws and regulations, regardless of whether the laws or regulations are expressly referenced herein. For information on eligible costs for recipients, subrecipients or beneficiaries refer to the Recipient Handbook and applicable federal law and regulations, and guidance issued by the U.S. Department of the Treasury for use of SLFRF funds. 2.3 - Period of Performance All eligible expenditures must be incurred or obligated by December 31, 2024, and expended by December 31, 2026, as allowed by federal law and regulation. 2.4 - Reporting and Compliance with Laws The Department shall comply with all reporting requirements set forth by the Finance Department. In addition, the Department agrees that each project shall be constructed or undertaken, and each grant shall be expended in full compliance with all applicable provisions Page 2 of 5 Memorandum of Understanding - Fire Station 8 of federal, state, and local law and all regulations thereunder. Without limiting the generality of the foregoing, the Department covenants to comply in all respects with all applicable law, regulation and rule regarding bidding, procurement, employment, and anti-discrimination. Section 3- Federal Requirements 3.1 — Federal Award Terms and Conditions The parties acknowledge that these funds constitute federal financial assistance to the City of Meridian, Idaho, including all departments of the City, and therefore use of these funds must be in accordance with Uniform Guidance, and that none of these requirements are waived by recitations or terms of this MOU or representations of the parties later during the term of performance, closeout, or post-closeout period except as allowed by law. The project design and purpose may require funds to be paid to subrecipients, contractors, and/or beneficiaries and for the Department to be a Pass-through Entity under federal regulations. The Department specifically acknowledges responsibility for its duties under Uniform Guidance, including without limitation: • 2 CFR 200.214 — Suspension and Department • 2 CFR 200.301 Performance measurement • 2 CFR 200.302 Financial management • 2 CFR 200.303 Internal Controls • 2 CFR 200.317-327 Procurement Standards • 2 CFR 200.331 Subrecipient and contractor determinations • 2 CFR 200.332 Requirements for pass-through entities including subrecipient risk assessment, monitoring, and follow-up The Department will adhere to and apply to all subrecipient the Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards. The City's Finance Department should be consulted as needed to ensure adherence to contracts, and conformance with federal requirements. 3.2 Title VI Civil Rights Laws The Department by entering this MOU certifies its compliance with Title VI Civil Rights laws. The Department will also seek certification of compliance as may be required of subaward recipients and contractors. Section 4 - Miscellaneous 4.1 —Termination The Finance Department, in its sole and absolute discretion, may terminate this MOU hereunder: Page 3 of 5 Memorandum of Understanding — Fire Station 8 (i) If the Department has breached any provision of this MOU or has failed to comply with any applicable federal, state, or local law or regulation applicable to this project; (ii) If any representation or warranty, including supporting documentation, made by the Department shall prove to have been incorrect in any material respect at the time made; or (iii) If the Department is noncompliance due to severe programmatic or administrative issues, such as inability to deliver on objectives, or inability to submit information required for ongoing monitoring. 4.2 - Changing Guidance from the U.S. Department of the Treasury The U.S. Department of Treasury has provided ongoing guidance on the use of and reporting on SLFRF funds. If any new guidance materially impacts how the Department plans to use the SLFRF funds, the Finance Department has the right to change the project, so it can be compliant with federal requirements. 4.4 - Political Activity Prohibited None of the funds provided under this MOU shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office or ballot measure. However, no person engaged to perform such services pursuant to this MOU shall be precluded from devoting income derived from such services to any lawful political activity, or to the support of a candidate for public office or of a ballot measure. 4.5 - Right to Review The Department's project and accounting for expenditures of SLFRF funds are subject to review by any federal or state auditor; the Finance Department; or their designees. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by City or other agents or employees, inspection of all records or other materials which the parties deem pertinent to the MOU and its performance, and all communications with or evaluations by service recipients under this MOU. 4.6 - Modifications Each party may request changes in the MOU. Any and all agreed modifications shall be in wiring, signed by each of the parties. 4.7 - Records Maintenance The Department shall maintain all books, records, documents, data, and other evidence relating to this MOU and performance of the services described herein, including but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this MOU. The Department shall retain such records for a period of seven (7) years following the date of final payment. Page 4 of 5 Memorandum of Understanding - Fire Station 8 If any litigation, claim, or audit is started before the expiration of the seven (7) year period, the records shall be retained for a period of seven (7) years after all litigation, claims, or audit findings involving the records have been finally resolved. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of the latest date set forth below. City Meridian Fire Department (recipient) Signature: Name: Kris Blume Title: Fire Chief Date: 12-3-2024 Name of Department: City of Meridian Finance Department Signature: Name: Todd Lavoie Title: Chief Financial Officer Date: 12-3-2024 Page 5 of 5 Memorandum of Understanding - Fire Station 8 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Budget Amendment in the Amount of$53,769.00 for Department of Homeland Security Assistance to Firefighters Grant 11/8/2024 11:13AM City of Meridian FY2025 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): ol Fund# Dept.# G/L# Proj.# G/L#Description Total E 20 2250 1 41200 5043 Wages 20 2250 41206 5043 PT/Seasonal Wages 20 2250 41210 5043 Overtime $ 141,507 Please only complete the fields highlighted 20 2250 41304 5043 Uniform Allowance in Orange. 01 2250 42021 5043 FICA $ 10,825 Amendment Details 01 2250 42022 5043 IPERSI I $ 16,924 Title: AFG Grant-Technical Rescue Training 01 1 2250 1 42023 1 5043 Worker's Comp 1 $ 4,783 Department Name: Fire 20 2250 42025 5043 Employee Insurance $ Presenting Department Name: Fire Total Personnel Costs $ 174,039 Department#: 2250 Operating Expenditures Primary Funding Source: 20 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 20 2250 54000 5043 Supplies,shipping expenses $ 2,000 $ 2,000 Project#: 5043 Contractual Services,Federal,Training 20 2250 55000 5043 and grant writer fee $ 68,863 $ 68,863 Is this for an Emergency? ❑ Yes ❑� No Contractual Services,Non-federal, matching funds required by city per 01 2250 55000 5043 grant requirements $ 21,237 $ 21,237 20 2250 5043 $ - New Level of Service? 0 Yes ❑ No 20 2250 5043 $ 20 2250 5043 $ Clerks Office Stamp 20 2250 5043 $ 20 2250 5043 $ 20 2250 5043 11 $ 20 2250 5043 $ 20 2250 5043 $ 20 2250 5043 $ 12-3-2024 Total Operating Expenditures $ 92,100 $ $ 92,100 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 20 2250 1 5043 20 2250 5043 11.07.24 20 2250 5043 Department Director 20 2250 5043 20 2250 5043 jfields in lieu of tlavoie absent 11.8.24 20 2250 5043 Total Capital Outlay $ - Revenue/Donations Approved Liz Strader via email 11.13.24 Fund# Dept.# G/L# Proj.# G/L#Description Total p1q_ �► 20 2250 33100 5043 Grant Revenue $ 212,370 20 2250 5043 � 20 2250 5043 Mayor Total Revenue/Donations $ 212,370 Total Amendment Request $ 53,769 City of Meridian FY2025 Budget Amendment Form F:\Budget\FY2025\FY2025 Amendments\1.Pending\FY2025 Budget Amendment Form_Fire_AFD Grant 11/8/2024 11:13AM City of Meridian FY2025 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Fire Funding 2025 2026 2027 2028 2029 Title: AFG Grant-Technical Rescue Training Personnel $ 174,039 $ $ Ios[iruied lrS for Suhuuttiug Budget Amendments: Operating $ 92,100 $ $ $ $ D Department will send Amendment with Directors siorature to Finance(Budget Manager)for review Capital $ - D Finance will send Amencment to Courcil Lia son fc sisratire Total $ d$ 266,139 $ $ $ ➢Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 266,139 ➢ Mayarwill send signed Amendment to Finance(Budget Manager) Evaluation Questions > Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add❑opyof Amendment toCouncil Agenda using MunicodeAgenda Manager 1. Describe what is being requested? Budget amendment for recently awarded Fiscal Year(FY)2023 Assistance to Firefighters Grant(FG)Grand funding opportunity to facilitate technical rescue training for the Fire Department.Grant covers Grant Writer Fee,Backfill/Overtime costs associated with 15 personnel attending training,shipping costs of needed equipment for training,and 180 hr course work for technical rescue training. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Lwasd in August,2024.Training would not of been possible to accomodate in FY25 budget unless grant was received. nation for not submitting this budget request during the next fiscal year budget cycle? t of been possible to accomodate in FY25 budget unless grant was received. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. FY 2023 Assistance to Firefighters Grant 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No 9.Any additional comments? Total Amendment Request $ 53,769 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2025 Budget Amendment Form F:\Budget\FY2025\FY2025 Amendments\l.Pending\FY2025 Budget Amendment Form_Fire_AFD Grant Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 07/10/2024 f �� J� Kristopher Blume o qN°sE FEMA CITY OF MERIDIAN 33 EAST BROADWAY AVE MERIDIAN, ID 83642 EMW-2023-FG-04773 Dear Kristopher Blume, Congratulations on behalf of the Department of Homeland Security.Your application submitted for the Fiscal Year (FY) 2023 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of$212,370.00 in Federal funding.As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0%of the Federal funds awarded, or$21,237.00 for a total approved budget of$233,607.00. Please see the FY 2023 FG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you,you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo- included in this document • Agreement Articles- included in this document • Obligating Document- included in this document • 2023 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, �� - L�J , PAMELA WILLIAMS Assistant Administrator, Grant Programs Summary Award Memo Program: Fiscal Year 2023 Assistance to Firefighters Grant Recipient: CITY OF MERIDIAN UEI-EFT: J8EZGMTAPHN5 DUNS number: 028451367 Award number: EMW-2023-FG-04773 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards.After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information -was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2023 Assistance to Firefighters Grant funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): Object Class Total Personnel $141,507.00 Fringe benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $2,000.00 Contractual $90,100.00 Construction $0.00 Other $0.00 Indirect charges $0.00 Federal $212,370.00 Non-federal $21,237.00 Total $233,607.00 Program Income $0.00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FG NOFO. Approved request details: Grant writer fee Grant writer fee Funds for a grant writer to assist in the research and preparation of this grant application QUANTITY UNIT PRICE TOTAL 1 $1,000.00 $1,000.00 BUDGET CLASS Contractual Training Rescue Backfill and overtime to cover costs associated with 15 personnel attending this training on- and off-duty. Personnel costs are backfill and/or overtime (not salaries or benefits including fringe). UNIT PRICE TOTAL $52.41 $141,507.00 BUDGET CLASS Personnel CHANGE FROM APPLICATION JUSTIFICATION The award reflects a change in a line-item description to clarify that eligible personnel costs are backfill and/or overtime (not salaries or benefits including fringe). Supplies Shipping costs for the materials needed for this training. QUANTITY UNIT PRICE TOTAL 1 $2,000.00 $2,000.00 BUDGET CLASS Supplies Rescue DESCRIPTION 180 hr. course work for technical rescue training to the awareness, operations, and technician-level for 15 MFD firefighting personnel.Training will be instructor-led classroom and performance-based and in compliance with NFPA Standards 1006, 1670, and 2500 and meet OSHA requirements of 1910.146 and 1926.650.. UNIT PRICE TOTAL 180 $495.00 $89,100.00 BUDGET CLASS Contractual Agreement Articles Program: Fiscal Year 2023 Assistance to Firefighters Grant Recipient: CITY OF MERIDIAN UEI-EFT: J8EZGMTAPHN5 DUNS number: 028451367 Award number: EMW-2023-FG-04773 Table of contents Article Assurances,Administrative Requirements, Cost Principles, Representations, 1 and Certifications Article General Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information 7 Article Civil Rights Act of 1964—Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplicative Costs 13 Article Education Amendments of 1972 (Equal Opportunity in Education Act)—Title IX 14 Article E.O. 14074—Advancing Effective, Accountable Policing and Criminal Justice 15 Practices to Enhance Public Trust and Public Safety Article Energy Policy and Conservation Act 16 Article False Claims Act and Program Fraud Civil Remedies 17 Article Federal Debt Status 18 Article Federal Leadership on Reducing Text Messaging while Driving 19 Article Fly America Act of 1974 20 Article Hotel and Motel Fire Safety Act of 1990 21 Article John S. McCain National Defense Authorization Act of Fiscal Year 2019 22 Article Limited English Proficiency(Civil Rights Act of 1964, Title VI) 23 Article Lobbying Prohibitions 24 Article National Environmental Policy Act 25 Article Nondiscrimination in Matters Pertaining to Faith-Based Organizations 26 Article Non-Supplanting Requirement 27 Article Notice of Funding Opportunity Requirements 28 Article Patents and Intellectual Property Rights 29 Article Procurement of Recovered Materials 30 Article Rehabilitation Act of 1973 31 Article Reporting of Matters Related to Recipient Integrity and Performance 32 Article Reporting Subawards and Executive Compensation 33 Article Required Use of American Iron, Steel, Manufactured Products, and Construction 34 Materials Article SAFECOM j35 (Article Terrorist Financing 36 Article Trafficking Victims Protection Act of 2000 (TVPA) 37 Article Universal Identifier and System of Award Management 38 Article USA PATRIOT Act of 2001 39 Article Use of DHS Seal, Logo and Flags 40 Article Whistleblower Protection Act 41 Article Environmental Planning and Historic Preservation (EHP) Review 42 Article Applicability of DHS Standard Terms and Conditions to Tribes 43 Article Acceptance of Post Award Changes 44 Article Disposition of Equipment Acquired Under the Federal Award 45 Article Prior Approval for Modification of Approved Budget 46 Article Indirect Cost Rate 47 Article Award Performance Goals 48 Article 1 Assurances,Administrative Requirements, Cost Principles, Representations, and Certifications I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances- Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances.Applicants are required to fill out the assurances as instructed by the federal awarding agency. Article 2 General Acknowledgements and Assurances Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and adopted by DHS at 2 C.F.R. § 3002.10.All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award specific terms and conditions, and/or federal awarding agency program guidance.V. Recipients must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receiving the Notice of Award for the first award under which this term applies. Recipients of multiple federal awards from DHS should only submit one completed tool for their organization, not per federal award.After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active federal award, not every time a federal award is made. Recipients must submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov.This tool clarifies the civil rights obligations and related reporting requirements contained in these DHS Standard Terms and Conditions.Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool I Homeland Security.The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension to the 30-day deadline if the recipient identifies steps and a timeline for completing the tool. Recipients must request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 Civil Rights Act of 1964—Title VI Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284 (codified as amended at 42 U.S.C. §3601 et seq.)which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100.The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) —be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency).As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so. Article 11 Debarment and Suspension Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of the Drug- Free Workplace Act of 1988 (41 U.S.C. §§8101-8106). Article 13 Duplicative Costs Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions. Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)— Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of an award from the Federal Emergency Management Agency(FEMA) must also comply with FEMA's implementing regulations at 44 C.F.R. Part 19. Article 15 E.O. 14074—Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing. Article 16 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729-3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§3801-3812, which details the administrative remedies for false claims and statements made.) Article 18 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on official government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of E.O. 13513. Article 20 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified air carriers can be found at: Certificated Air Carriers List I US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certificated-air-carriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. §40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 21 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225a. Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute-as it applies to DHS recipients, subrecipients, and their contractors and subcontractors- prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article 23 Limited English Proficiency(Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP)to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov. Article 24 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL). Article 25 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. §4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 27 Non-Supplanting Requirement Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose. Article 28 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity(NOFO) for this federal award are incorporated by reference.All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the Award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in effect. Article 29 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. §401.14. Article 30 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. §200.323.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 31 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C.§794),which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 32 Reporting of Matters Related to Recipient Integrity and Performance If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference. Article 33 Reporting Subawards and Executive Compensation For federal awards that equal or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference. Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project.As such, it does not apply to tools,equipment,and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2)the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing.The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. Definitions The definitions applicable to this term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference. Article 35 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment I CISA. Article 36 Terrorist Financing Recipients must comply with E.O. 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the E.O. and laws. Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Recipients must comply with the requirements of the government-wide financial assistance award term which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104).The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by reference. Article 38 Universal Identifier and System of Award Management Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated reference. Article 39 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Article 40 Use of DHS Seal, Logo and Flags Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials. Article 41 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections at 10 U.S.0§470141 U.S.C. §4712. Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process.This review does not address all federal, state, and local requirements.Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds,through its EHP review process, as mandated by:the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA's EHP process is available on the DHS/FEMA Website at: https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction,applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe.The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 44 Acceptance of Post Award Changes In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be notified of the change in writing. Once the notification has been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please call FEMA Grant Management Operations at(866) 927-5646 or via e-mail to:ASK- GMD@fema.dhs.gov if you have any questions. Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures. Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5)to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 47 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 48 Award Performance Goals FEMA will measure the recipient's performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO. Obligating document 1. Agreement 2. Amendment 3. Recipient 4. Type of 5. Control No. No. No. No. Action WX03513N2024T EMW-2023-FG- N/A 826000225 AWARD 04773 6. Recipient Name and 7. Issuing FEMA Office and 8. Payment Office and Address Address Address CITY OF MERIDIAN Grant Programs Directorate FEMA, Financial Services 33 E BROADWAY AVE 500 C Street, S.W. Branch MERIDIAN, ID 83642 Washington DC, 20528-7000 500 C Street, S.W., Room 1-866-927-5646 723 Washington DC, 20742 9. Name of Recipient 9a. Phone 10. Name of FEMA Project 10a. Phone Project Officer No. Coordinator No. Kristopher Blume 2083704710 Assistance to Firefighters 1-866-274- Grant Program �0960 11. Effective Date of 12. Method of 13. Assistance 14. Performance This Action Payment Arrangement Period 07/10/2024 OTHER - FEMA COST SHARING 07/16 to 07/16/202/2026 GO Budget Period 07/17/2024 to 07/16/2026 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Assistance Accounting Prior Amount Current Cumulative Name Listings Data(ACCS Total Awarded Total Non-Federal Abbreviation No. Code) Award This Action Award Commitment + or (-) 2024-F3- FG 97.044 GB01 $0.00 $212,370.00$212,370.00$21,237.00 P410-xxxx- 4101-D Totals$0.00 $212,370.00$212,370.00$21,237.00 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 46-.FOR-N9N-GISAST PROGRAMS-.- RECIPIENT IS-REQUIRED SIGN-AND RE-Tl3R-N-T#RE-F-- WGOPIE-S-BF-T#IS-DOGUMSNT-TO FEMA-(See-BEeek-7-#ef addfees) This field is not applicable for digitally signed grant agreements 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE PAMELA WILLIAMS, Assistant Administrator, Grant Programs 07/10/2024 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2491: A Resolution Vacating a Portion of the 10-Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easement Encumbering Lots 2 and 3 in Block 1 of Medina Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date ADA COUNTY RECORDER Trent Tripple 2024-068948 BOISE IDAHO Pgs=4 ANGIE STEELE 12/04/2024 08:54 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 24-2491 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION VACATING A PORTION OF THE 10-FOOT-WIDE PUBLIC UTILITY, DRAINAGE, AND IRRIGATION (PUDI) EASEMENT ENCUMBERING LOTS 2 AND 3 IN BLOCK 1 OF MEDINA SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on November 12,2024 the City Council of the City of Meridian held a hearing on the vacation of a portion of the 10-foot-wide public utility, drainage, and irrigation (PUDI) easement encumbering Lots 2 and 3 in Block 1 of Medina Subdivision; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the 10-foot-wide public utility, drainage, and irrigation easement encumbering Lots 2 and 3 in Block 1 of Medina Subdivision, as fully described in Exhibit "A," is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 3'd day of December, 2024. Approved by the Mayor of the City of Meridian, Idaho, this 3rd day of December, 2024. Easement Vacation—Epic Shine at Overland H-2024-0056 Attest: Mayor Robert E. Simison 12-3-2024 Chris Johnson, City Clerk 12-3-2024 State of Idaho ) ) ss: County of Ada ) On this 3rd day of December, 2024, before me, the undersigned, a Notary Public in and for said State,personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: 03-28-2028 Easement Vacation—Epic Shine at Overland H-2024-0056 LEGAL DESCRIPTION id THE LAN D Page 1 OF 1 GROUP October 9, 2024 Project No.: 121098 EXHIBIT"A" EPIC SHINE CAR WASH -OVERLAND EASEMENT VACATION DESCRIPTION An easement lying 5.00 feet north and south of the following described centerline, located in a portion of Lot 2 and Lot 3, Block 1 of Medina Subdivision, as same is shown on the Plat thereof, recorded in Book 100 of Plats at Page 12948 of Ada County Records, being located in the Northeast Quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County Idaho, being more particularly described as follows: Commencing at the West lot corner common to Lot 2 and Lot 3, Block 1 of said Medina Subdivision; Thence North 90°00'00" East, a distance of 10.00 feet on the lot line common to said Lots 2 and 3 to the POINT OF BEGINNING; Thence North 90°00'00" East, a distance of 118.95 feet on said common lot line to the POINT OF TERMINUS. The above described easement vacation contains 1,190 square feet more or less. PREPARED BY: L LAND / The Land Group, Inc. a "7880 � 10-09-2024 James R. Washburn Y.�' OF WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com II � I MEDINA SUBDIVISION I I BLOCK 1 I � O 5.00' 10' PUBLIC UTILITIES, IRRIGATION AND DRAINAGE EASEMENT TO BE VACATED I I AREA: ±1,190 S0. FT. CITY OF MERIDIAN I I o SEWER/WATER EASEMENT o z t - z — ------------- —N90°00'00"E L _ Cr > � ———N90°00'00"E 118.95'———— — —52.02'- —N90°00'00"E 53.84' r o I POINT POINT - � J OF BEGINNING OF TERMINUS " TIE LINE: N90°00'00"E O 10.00, I I I I I I I 4 A1,LAN ��5 \ T v a "7880 10-09-2024 J,y TF OF PXX SR.WA E \ Exhibit "B„ 0 40' so' a Horizontal Scale:1 = 40' Project No.:121098 Date of Issuance:October 9,2024 Z � % = THE Easement Vacation TM���-�- LAND o �fl49 GROUP TM W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2492: 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 11.246 Acres of Land for the Expansion of Life Church and the Operation of Life Bible College, Generally Located at 3225 East Commercial Court, in the Southwest Quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2492 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 11.246 ACRES OF LAND FOR THE EXPANSION OF LIFE CHURCH AND THE OPERATION OF LIFE BIBLE COLLEGE, GENERALLY LOCATED AT 3225 EAST COMMERCIAL COURT, IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO; 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 11.246 acres of land for the expansion of Life Church and the operation of Life Bible College, generally located at 3225 East Commercial Court, in the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County, Idaho, as depicted on Exhibit A,which is attached hereto and incorporated herein by reference; 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: 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. COMPREHENSIVE PLAN AMENDMENT-MAP—LIFE CHURCH—H-2024-0024 Page 1 of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of December, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of December, 2024. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—LIFE CHURCH—H-2024-0024 Page 2 of 2 EXHIBIT A 0 500 1,000 Dale:7/1612024 Feet NOAdopted Future Land Uses 1, 0 PINE` lD W— Legend W _ I71 AI'piCdrlt rrOPOSCcl FUtUFe Land Uses Citywide M®R Lew Density Residential / �" '`•j Medium Density Residential f� 01, Med-High Density Residential - High density Residenfia' s30 j/ 'i�o + Commercial On Office / Ir N" Civic Proposed Future land Uses Old Town arcs Mixed UseMeighberhood A4 0. ® Mixed Use Community ' PfrVE - Mixed Use Regional t-•" — ' = Mixed Use Non-Residential ® Mixed Use-Interchange Ten Mile Spe cifc — W Low DensityEmpoyme,- ® L-Westyle Center I I •'-�. S1 _ High Density Employment Mixed Employment Mixed Use Residential Mixed Use Commercial low _ r mommmmoo;01 01P PAN, .01 FRA K0114— FOO 11091T,�ta-/ OR//� . City of Meridian I Department Report VII. Exhibits W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 24-2493: A Resolution of the City Council of the City of Meridian Adding City of Meridian Standard Operating Policy 10.10, Regarding Responsible Use of Artificial Intelligence (AI); and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2493 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN ADDING CITY OF MERIDIAN STANDARD OPERATING POLICY 10.10, REGARDING RESPONSIBLE USE OF ARTIFICIAL INTELLIGENCE (AI); AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council has authority over the policies of the City of Meridian; and WHEREAS,the City Council finds it in the best interest of the City of Meridian to update Section 10 of City of Meridian's Standard Operating Policy regarding Citywide Information Technology Policies to address responsible use of artificial intelligence to ensure consistent and equitable application for all employees. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian shall add Standard Operating Policy 10.10, regarding Responsible Use of Artificial Intelligence (AI), as set forth in Exhibit A attached hereto. Section 2. That this resolution shall be in full force and effect immediately upon its passage. ADOPTED by the City Council of the City of Meridian, Idaho, this 3rd day of December, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of December, 2024. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION AMENDING STANDARD OPERATING POLICY 10.10 PAGE 1 City of Meridian w IDIAN lc� �' Standard Operating Policy Number 10.10 Responsible Use of Artificial Intelligence(AI) Purpose: To set forth the City policy regarding the Responsible Use of Artificial Intelligence ("Al").This policy shall be implemented in accordance with the Responsible Use of Al Standard Operating Procedures. Policy: City Al usage should align with the City's core values, quality standards, and confidentiality requirements. This policy and accompanying procedure outline the required practices for the use of Al within our organization. A. Approval. City employees shall obtain their Department and the IT Department approval before expending any City funds to acquire an Al product. B. Data security. In the use of Al, City employees shall observe all standard protocols and protocols established by IT to secure and protect City data and systems. C. Ethical considerations. City employees shall not use Al for unethical or inappropriate purposes. City employees shall not use Al to generate content that promotes discrimination, harassment, or any form of harm. This policy shall be implemented pursuant to the Responsible Use of Artificial Intelligence (AI) Standard Operating Procedures. Authority& Responsibility: Supervisors and department directors or designees, along with the IT department, are responsible to ensure that Al is used appropriately. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - October 2024 City of Meridian Monthly Financial Report FY2025 Oct-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 Awli1 7 I_ �f .III ■1 _ ��i i�• �� fj pr III �E IDII�T \\meridian.local\shares\Accounting\Reporting\Monthly Reports\FY2025\FY25 - 1 Oct Council Report 1 of 3 Monthly Financial Report �E IDIAN=--- FY2025 Oct-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5.00% IDAHO BOND FUND 3.58% CASH 0.00% FIB 5.33% .FIB MoneyMarket$5,162,851 .Cash$21,260,572 MONEYMARKET .Idaho Bond Fund$76,942,044 .Idaho State Pool$124,104,240 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $4,000,000 $117,000,0Do $3,500,000 $116,000,000 $3,000,000 $115,000,000 $2,500,000 $114,000,000 $113,000,000 $2,000,000 $112,000,000 $1,500,000 $111,000,000 $1,000,000 $110,000,000 $109,000,000 $500,000 $o $107,000,000 General Enterprise $106,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY25 ■FY24 \\meridian.local\shares\Accounting\Reporting\Monthly Reports\FY2025\FY25-1 Oct Council Report 2 of 3 Monthly Financial Report FY2025 (:��E IDIAN*-- Oct-24 IDAHO 10/1/2024 GENERAL FUND BALANCE ALLOCATIONS =0moumu 3100AOoA0o $80,000,000 $6C,000,000 ... $4C1000,000 $2C,000,000 9/30/2015 9/3C/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■Norispenda6le ■R-w ded ■CommiFted ■Assigned ■Assigned Reserves ■Lnass4ed ENTERPRISE FUND BALANCE ALLOCATIONS m0A00,000 $100.nun,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 f 9/30/2015 9/30/2116 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■As signed ■Unassigned ■A—ged Reserves \\meridian.local\shares\Accounting\Reporting\Monthly Reports\FY2025\FY25-1 Oct Council Report 3 of 3 E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i i CITY OF MERIDIAN CITY COUNCIL a PUBLIC FORUM SIGN-IN SHEET Date: December 3, 2024 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic C� E IDIAN Planning and Zoning Department Presentation and Outline Changes to Agenda: None Item #34: Black Cat East (H-2024-0047) Application(s): Annexation and Development Agreement Modification Size of property, existing zoning, and location: This site consists of 3.62 acres of land, zoned RUT in Ada County, located at 935 S. Black Cat Road. History: This property was part of the initial application for Black Cat Industrial (H-2021-0064), but it was not annexed at that time. The applicant is now seeking annexation to integrate this property into the surrounding development and align it with broader planning efforts in the area. While I-L is not the preferred zone in the Mixed-Employment designation, the City Council previously approved a request for this zone in the surrounding development. Due to this, the applicant requests the same approvals granted by the City Council in the previous application to ensure cohesive and consistent development. Comprehensive Plan FLUM Designation: Mixed Employment Summary of Request: The applicant is requesting annexation and a development agreement modification of 3.62 acres of land with the I-L zoning district to construct an approximately 74,365-square-foot industrial building. In 2022, a traffic impact study was completed with the previous application and was not required with this application. However, the TIS addressed concerns regarding traffic from this development and it was found that the infrastructure will be able to manage the 2.2 million square feet that will be developed within the broader project. This property was included within the scope of the TIS. Additionally, there were thresholds placed on occupied square footage that will trigger roadway and infrastructure improvements as the development continues to be built out. The surrounding developments have similar requirements/restrictions on the development until certain road improvements are completed. According to the concept plan, the predominant use appears to be warehousing and distribution, which is consistent with the surrounding area and aligns with the City Council's previous approval. Given this consistency, staff recommends that this parcel be developed in accordance with that approval to ensure an integrated approach. Access is proposed off an existing curb cut on W. Grand Mogul Drive which is consistent with original concept plan. Additionally, the applicant has provided 10-foot detached sidewalks on both sides of W. Grand Mogul Drive consistent with the Pathway Master Plan. The landscaping and building elevations will be evaluated with the submittal of the certificate of zoning compliance and design review. The applicant is proposing a large one-story industrial building (with higher ceilings and upper windows to appear as two-story) comprised of tilt-up concrete, moderate to large setbacks from the street, and frontages below the required 30% fenestration requirement along public streets as mentioned in the ASM. Primary entrances are oriented inward toward the parking lots rather than toward the street (N. Black Cat Road). The applicant’s narrative states that due to security and visibility concerns, lack of access to directly to Black Cat Road, and frontage parking being discouraged, the light industrial use of the buildings does not support windows across the entire frontage. As an alternative, they propose enhanced glazing at corner entry elements as shown in the renderings. The DA mandates adherence to the TMISAP design guidelines and the ASM. Since the ASM sets a more stringent requirement of 30% fenestration compared to the 20% specified by the TMISAP, compliance with the ASM (30% fenestration) is necessary. However, the applicant may request a design standards exception during the review process to potentially reduce the fenestration to 20% in accordance with the TMISAP. However, after working with the applicant, staff is recommending a slight change to this provision as well to allow a design standard exception to reduce the fenestration to 10%. Additionally, staff recommends adding landscaping at the base of the east façade to create pedestrian-scale elements while helping break up the building’s façade. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Clay Sammis and Elizabeth Koeckeritz ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): Fenestration requirements on the eastern façade. Staff has worked with the applicant to find a solution. Key Issue(s) of Discussion by Commission: i. Fenestration requirements on the eastern façade. Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Fenestration requirements on the eastern façade. Staff has worked with the applicant on this since the P&Z hearing and has come to an agreement. The applicant and staff will each be proposing an alternative DA provision for your consideration. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0047, as presented in the staff rd report for the hearing date of December 3, 2024: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0047, as presented during the rd hearing on December 3, 2024, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0047 to the hearing date of ____ for the following reason(s): (You should state specific reason(s) for continuance.) h2 City Council Meeting December 3, 2024 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 •parapet, with a pitched roof line. Stories and 28 feet in height, excluding the -Not to exceed 2–Building D excluding the parapet, with a pitched or flat roof line. Stories and 38 feet in height, -Not to exceed 3–Building B2 and Building C excluding the parapet, with a flat roof line.stories and 48 feet in height, -not to exceed 4–Building A and Building B1 heights shall be as follows: family development, the building -With the Conditional Use Permit for the multifollowing regarding height:The conditions approved by City Council on November 19, 2024, stated the •conditions of approval.for the proposed buildings although they stated on record they agreed with staff’s Applicant is stating they are not in agreement with the approved height limitations Future Land Use MapAerial MapZoning Map Original Revised East Facade •10%.”apply for a design standard exception to reduce the fenestration requirement to average of 30% of fenestration required in the Architectural Standards Manual or half of the eastern façade shall incorporate additional fenestration to meet an Staff’s Proposed Change to the Development Agreement Provision: “The northern •with the TMISAP.”exception to potentially reduce the fenestration requirement to 20% in accordance required in the Architectural Standards Manual or apply for a design standard shall incorporate additional fenestration to meet an average of 30% of fenestration Original Development Agreement Provision: “The northern half of the eastern façade •”half of the eastern facade. requirements by incorporating a minimum of 10% fenestration on the northern depicted in Section VIII of the Modification Findings shall satisfy fenestration Architectural Standards Manual, the eastern façade of the conceptual building Notwithstanding any provision in the TMISAP development guidelines or the “ V IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Baratza Subdivision (H-2024-0016) by Ella Passey, The Land Group, located at the southeast corner of N. Black Cat Rd. and W. McMillian Rd. Application Requires a Continuance A. Request: Annexation of 80.3 acres of land with R-8 (26.98) and R-15 (53.32) zoning districts. B. Request: Preliminary Plat consisting of 347 building lots, 29 common lots and 1 right-of-way lot. C. Request: Council Waiver for block length on six (6) street segments that exceed the maximum 750 ft. block length requirement on land that is currently zoned RUT. W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Black Cat East (H-2024-0047) by Sawtooth Development, located at 935 S. Black Cat Rd. Application Materials: https://bit.ly/H-2024-0047 A. Request: Annexation of 3.62 acres of land with the I-L zoning district to allow industrial development. B. Request: Modified Development Agreement to include this property in the development agreement for Black Cat Industrial (H-2021-0064). PUBLIC HEARING SIGN IN SHEET DATE: December 3, 2024 ITEM # ON AGENDA: 34 PROJECT NAME: Black Cat East (H-2024-0047) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 12/3/2024 legend - DATE: Project Location _ TO: Mayor& City Council Area of Impact ti V= City Limits FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org APPLICANT: Brandon Swanson SUBJECT: H-2024-0047 - Black Cat East LOCATION: Located at 935 S.Black Cat Road in the NE 1/4 of the SE 1/4 of Section 16,T.3N., R.1 W. 1 PROJECT OVERVIEW A. Summary Annexation of 3.62 acres of land with the I-L zoning district to construct an approximately 74,365 square foot industrial building. This application also includes a modification to the development agreement to include this property in the development agreement for Black Cat Industrial(H-2021-0064). B. Recommendation Staff: Approval Commission Recommendation: Approval. C. Decision Select: Pending. City of Meridian I Department Report 1. Project Overview COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential in Ada County - Proposed Land Use(s) Industrial - Existing/Proposed Zoning RUT Ada County Zoning/I-L(Light Industrial) V.A.2 II. Future Land Use Designation Mixed Employment V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 7/25/2024 Neighborhood Meeting 7/18/2024 Site posting date 11/22/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District III.D • Comments Received Yes - • Commission Action Required No - • Access W. Grand Mogul Way and N.Black Cat Road(Collector - and Arterial roads) • Traffic Level of Service Better than E - ITD Comments Received Yes Meridian Public Works Wastewater • Distance to Mainline Stubbed to site • Impacts or Concerns No Meridian Public Works Water • Distance to Mainline Stubbed to site • Impacts or Concerns No Note: See section IV. City/Agency Comments&Conditions or the public record at Public Record for agency comments received on this application. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property is within the Ten Mile Interchange Specific Area Plan (TMISAP) and designated as Mixed Employment on the Future Land Use Map(FLUM). This designation is described by the TMISAP as an area to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises. Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. In the Mixed Employment FLUM designation,the preferred zoning is M-E,however other zones may be appropriate when/if it is determined the requesting zone aligns with the vision of the plan and integrates with surrounding properties. The applicant is requesting to annex this property with the I-L zoning district. The reason for their request for this zone is to integrate the proposed development with the existing Black Cat Industrial development that is currently underway, which is also zoned I-L. Staff finds I-L zoning is appropriate for this property based on the development occurring in the area. Table 4: Proiect Overview Description Details History H-2021-0064 AZ;DA Inst#2022-082504 Acreage 3.62 acres B. History and Process This property was part of the initial application for Black Cat Industrial(H-2021-0064),but it was not annexed at that time. The applicant is now seeking annexation to integrate this property into the surrounding development and align it with broader planning efforts in the area. While I-L is not the preferred zone in the Mixed-Employment designation,the City Council previously approved a request for this zone in the surrounding development. Due to this,the applicant requests the same exceptions granted by the City Council in the previous application to ensure cohesive and consistent development. The development agreement stipulates that certain road improvements are required when specific square footage thresholds are met. Currently,the site has 559,295 square feet of industrial space under development, and this application will bring the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin;the intersection of Black Cat and Franklin must be upgraded; and the intersection of McDermott and Franklin will need to be improved with a two-way left turn lane unless Franklin has already been widened to five lanes. Note: City Council previously found that the Center met the goals of the TMISAP. The inclusion of the Property within the Center's boundaries is a continuation of that approval and allows the Property to be developed in accord with the larger industrial business complex. City of Meridian I Department Report III. Staff Analysis C. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The applicant seeks to annex and zone the property as Light Industrial(I-L),which allows for a variety of uses. The narrative states the Black Cat Business Center would provide in- demand manufacturing,heavier office build-out, flex industrial and accessory retail, warehousing and distributing facilities in this region. Currently,the existing Development Agreement limits certain activities, specifically prohibiting"storage facility, self-service"and vehicle impound sales and repair unless conducted entirely indoors. This restriction aims to support industrial users and job creation. The property will remain subject to the same Development Agreement provisions,along with additional requirements as specified in Section III. According to the concept plan,the predominant use appears to be warehousing and distribution,which is consistent with the surrounding area and aligns with the City Council's previous approval. Given this consistency, staff recommends that this parcel be developed in accordance with that approval to ensure an integrated approach. 2. Dimensional Standards (UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide landscape buffer is required adjacent to collector streets (W. Grand Mogul Drive), and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). These buffers shall be landscaped per the standards in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-313-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Tree preservation A Tree Mitigation Plan should be submitted with the Certificate of Zoning Compliance 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 11-3B-1OC.5. iv. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along S. Black Cat Road. v. Pathway landscaping It appears that 5 feet of landscaping is provided on both sides of the proposed pathways. However,these requirements will be analyzed with the Certificate of Zoning Compliance. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis City of Meridian I Department Report III. Staff Analysis UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor area in industrial districts. The applicant is proposing 69 parking spaces on the concept plan which exceeds the 37 spaces that are required with the building(74,365 square feet). ii. Bicycle parking analysis 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 not depicted and the plans shall be revised to incorporate the location of the bicycle parking with the Certificate of Zoning Compliance submittal that meet these requirements. The applicant has agreed to include bicycle parking with future submittals. 3. Building Elevations (Comp Plan,Architectural Standards Manual): Goals 5.01.02C and 2.09.03A of the comprehensive plan promote area beautification and community identity through heightened design standards providing distinct and engaging identities. In response,the developer is proposing a large one-story industrial building(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete,moderate to large setbacks from the street,and frontages below the required 30%fenestration requirement along public streets as mentioned in the ASM. Primary entrances are oriented inward toward the parking lots rather than toward the street(N. Black Cat Road). The applicant's narrative states that due to security and visibility concerns, lack of access to directly to Black Cat Road,and frontage parking being discouraged, the light industrial use of the buildings does not support windows across the entire frontage.As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. The Architectural Standards Manual requires modulation in the surface plane at intervals of no less than 50 feet. It also requires at least two pedestrian-scale architectural features and physical distinctions to anchor the building, along with a minimum of two different field materials and one accent material. The DA mandates adherence to the TMISAP design guidelines and the ASM. Since the ASM sets a more stringent requirement of 30% fenestration compared to the 20% specified by the TMISAP, compliance with the ASM(30% fenestration) is necessary. However,the applicant may request a design standards exception during the review process to potentially reduce the fenestration to 20%in accordance with the TMISAP. Given the building's prominent location at the corner of Black Cat and 1-84,the applicant shall increase the fenestration to meet the 30%requirement or apply for a design standard exception. This adjustment should be evident on the northern section of the east-facing facade,which is visible before the overpass. Additionally, staff recommends adding landscaping at the base of the east fagade to create pedestrian-scale elements while helping break up the building's fagade. While staff believes the current proposal may struggle to meet all design requirements outlined in TMISAP for Mixed Employment—such as variations in building height,primary frontage orientation, and ground-floor transparency—the City Council previously determined that the Center met TMISAP goals. Including this Property within the Center's boundaries continues that approval and allows for its development in alignment with the larger industrial business complex. City of Meridian I Department Report 111. Staff Analysis E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets. Access is proposed from W. Grand Mogul Drive(a collector street)using an existing curb cut and private drive aisle leading to this property. The road infrastructure in the surrounding area is as follows: W. Franklin Road to the west of the subject property is presently 2 lanes with no curb, gutter or sidewalk. S. Black Cat Road. is presently 2 lanes with no curb,gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan(IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2027. Black Cat Road is listed to be widened to 5 lanes between W. Overland Road.to W. Franklin Road in 2036 to 2040. W. Franklin Road. is planned to be widened to 5 lanes between W. McDermott Rd and S.Black Cat Rd sometime after 2028. W. Franklin Road is eventually intended to connect to SH 16 by a signalized intersection. In 2022, a traffic impact study was completed with the previous application and is not required with this application. However,the TIS addressed concerns regarding traffic from this development and it was found that the infrastructure will be able to manage the 2.2 million square feet that will be developed within the broader project. This property was included in that scope. Since this approval,there has been a significant amount of development in the vicinity that is either being built or has been approved. This includes 378,360 square feet of commercial and industrial uses across Black Cat Road as a part of Farmstone(H-2023-0045),256 residential building lots to the northeast as a part of Avani Subdivision(H-2023-0049), 552 Dwelling units as a part of Vanguard Village, 330 single family lots and 240 apartments as a part of Braya Subdivision, and a large amount of commercial, industrial, and residential in the District at Ten Mile,which contribute impacts to the area roadways. These developments also have requirements and restrictions on development until certain road improvements are completed. Specific to this applicant,the development agreement specifies that certain road improvements are required once specific square footage thresholds are reached. Currently,the site features 559,295 square feet of industrial space under development,and this application will increase the total to over 600,000 square feet once constructed. When the total exceeds 960,000 square feet,the following improvements shall be completed prior to 1,500,000 square feet being reached per the DA and ACHD recommendations: Black Cat Road will be widened to five lanes between Grand Mogul Drive and Franklin; the intersection of Black Cat and Franklin must be upgraded; and the McDermott and Franklin intersection will need enhancements, including a two-way left turn lane,unless Franklin has already been widened to five lanes. 2. Multiuse Pathways and Sidewalks (UDC 11-3A-17) (UDC 11-3A-5): The previously approved multi-use pathway is located along W. Grand Mogul Drive. This application proposes an extension of the detached multi-use pathways along the collector road(W. Grand Mogul Drive). However,the applicant has informed staff that the 10-foot multi-use pathway has already been installed. Staff will require the pathway to be shown and dimensioned as 10-feet with submittal of the certificate of zoning compliance. The concept plan also includes a 5-foot detached sidewalk along S. Black Cat Road,which terminates in the middle of the parcel. ACHD has approved the construction of a 5-foot detached sidewalk, and staff supports this recommendation because a 5-foot detached sidewalk has already been City of Meridian I Department Report III. Staff Analysis constructed on N. Black Cat north of this site.While the City usually mandates a 10-foot detached sidewalk along arterial roads,discussions with the applicant,ACHD, and the Parks Department have led staff to favor the 5-foot width in this case. Furthermore, staff recommends installing signage to alert pedestrians about the sidewalk's end. Additionally,the concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on the north portion of the site. There is no pedestrian connection from this sidewalk to the front entrances for any of the suites. The applicant shall provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is 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. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the development 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. lll. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division Prior to approval of the annexation ordinance, an addendum to the DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. A certificate of zoning compliance shall not be submitted until the amended DA and Ordinance is approved by City Council. The addendum to the DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The addendum to the DA shall,at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VIII and the provisions contained herein. b. The applicant shall comply with the design standards in the existing development agreement(Instrument#2022-082504)with the addition of the following provisions. • The northern half of the eastern fagade shall incorporate additional fenestration to meet an average of 30%of fenestration required in the Architectural Standards Manual or apply for a design standard exception to potentially reduce the fenestration requirement to 20%in accordance with the TMISAP. City of Meridian I Department Report III. City/Agency Comments &Conditions • The east side of the building shall incorporate landscaping at the base of the building to provide pedestrian scale elements and break up the wall plane. Planning Division comments related to future application submittals: 1. Provide a pedestrian connection point to the entrances of the suites. If the pedestrian walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks. 2. Signage shall be installed ahead of the pathway ending along N. Black Cat Road to warn pedestrians of the ending walkway. City of Meridian I Department Report III. City/Agency Comments &Conditions B. Meridian Public Works Wastewater Dlstance to Sewer Awaila trle at Site 5ervirles ♦ Sewer Shed • Estimated Pr41eft See appl lc&on Sewer ERU's + WERF Declining Balance Project Consistent Yes with WW Master Plan/Facili Plan Impact s{concerns + See Publ Ic Works Slte Wbfic Conditions Water a Di sta rise to Water Water Avail able at Site Services a PressureZorre a Esti mated Projert See appl leatlon YVater ERUrS • waterautrlity Norke + Project Consistent Yes with Water Master Plan • IrnpadVConcerns None NON-PLAT CONDITIONS PUBIdC'4 WOK Ks DF_PARr.ietir Site Specific Conditions of Approval I.. if a Well a lucauyd on the site it must be nbanduned per regulatory nyuirements and prpof Of abandonment must br pro%-Watt to the City. 2, Ensure no sewer services pass through infiltration trenches, 3- Provide 20'Easements for mains_hydrant lalerafs and wafer wvices. Easements should extend up to the end of main+hydr:int/wftter metrr and l4'bcycmd it- s- No pernianent strtte=es(trees,bushes,buildinks, carports,trash receptacle walls,fences, infiltration trenches, light poles,et-C-)tobe built within the utility casement. General Condltians of Approval I- Applicant slfali coordirml.c Water and sewer main size and routing With tlrC Public Works Depanrnent- 2- P{r M*ri4ian Wily Code(MCC),Ow,npphoftnt shall be resprmsiblc to install sewer rvtd water mains to and through this devclapmcut. Applicant may be eligible for a reimbursement agreement for infrastruclurc cnhancement per MCC 8-6-5. City of Meridian I Department Report III. City/Agency Comments &Conditions C. Meridian Park's Department �WE Parks and Recreation Reviewer: Kim Warren/Pathways Project Manager Planner Assigned; Nick Napoli Projert Name: Black Cat East File No•:H-2024-b047—AZ,MBA Date: revised 10.31.2024 The fallowing will be required for developmentof the proposed project: CONDITIONS OF APPROVAL—PATHWAYS-REVISED 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter-1). Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager_ 1. Prior tofinaIapproval the applicant Shall dedicate a public access easement fora Rd ar far as iRl r_.and Mogkil r,P detached 10'wide sidewalks along both sides of W.Grand Mogul Dr_ Easements shall be a minimum of 1N wide(10'pathway+2'shoulder each side). Easement need only be dedicated for multi-use pathways(or portions of the pathway)that lie outside the publir ROW. Ilse stondrlyd City templrlte for public occess easement Submit all easements un irm through Citizen's Access Portal, 3. Construct multi-use pathways per paving section based on existing site conditions as recommended by project civil engineer in accord with UDC 11-3A-9 and 11-38-12. Prior to final approval the applicant's engineer shall provide written documentation that the pathway segment was constructed per the recommended specifications_ 4. The owner(or representative association)of the property affected by each public access easement shall have an ongoing obligation to maintain the multi-use pathway. 5. 5'high open vision fencingshall be installed between pathways and(live)water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan,Chapter 3,page--5_ All other Bence details per UDC 11- 3A-7. 6. Project developer shall be responsible for obtaining license agreement and other permission(s)as required for constructing within irrigation district easements. 7. Should any discrepa"exist between these conditions of approval and the requirements of the irrigation district,the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives_City requirements as stated shall not(nor are they intended to) overr ide those of the irrigation d istrirt having j urisdiction ove r the project area. D. Ada County Highway District(ACHD) City of Meridian I Department Report III. City/Agency Comments &Conditions ACHDA-xisP*cAnn, iu RresiQWrMlidnda rM,VKe-Prerssl ]im Hpn (�mmis_5igrrfir Kent GoMtharM,Commi"oner VA &W Owe McKinnwy.CommlWorrer Date:October 9,2024 To: Brandon Swanson,Sawtooth Development Elizabeth Koeckeritz,Givens Pursley Staff Contact:Sarn Standal,,Assistant Traffic Engineer Project Description: Black Cat East Rezone and Annexation Trip Generation_ This development is estimated to generate 330 vehicle trips per day, 33 vehicle trip per hour in the PM peak hour, based on the Institute of Transportation EngineersTrip Generation Manual,111h ion- Proposed Development Area Roadway Level of —NM Service ACHD Pr.., Meets • Performance M-9asuraw *.* 7T LOS Planning ■ improvements? Is Transit Available? Comments; The tables above list the existing conditions of the surround ing 1V, roadways without the proposed development as this application is for annexation connecting you to more FINDINGS A. Annexation and/or Rezone(UDC 11-5B-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: City of Meridian I Department Report IV. Findings 1. The map amendment complies with the applicable provisions of the comprehensive plan; Based on previous approvals, the commission finds the proposed development is consistent with the TMISAP designation of Mixed Employment and the proposed development will be a continuation of the Black Cat Industrial Business Complex. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The commission finds the proposed map amendment to I-L is not the preferred zoning in Mixed-Employment, however I-L is consistent with the current zoning in this area and the planned uses for the building support the purpose statement of the I-L zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; This application proposes to annex 3.62 acres ofproperty designated as an employment center with the I-L zoning district to allow a "modern industrial business"center with a concept plan that resembles a warehousing and distribution uses. The commission finds the proposed development will not be detrimental to the public health, safety, and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. The commission finds the proposed annexation and zone of I-L to be in the best interest of the city due to City Councils previous approval for the larger surrounding development. This will allow the property to develop in accord with the larger industrial business complex. IV. ACTION A. Staff: Staff recommend approval of the proposed annexation with the requirement of a Development Agreement. B. Commission: B. The Meridian Planning&Zoning Commission heard these items on November 7t'',2024. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Clay Sammis and Elizabeth Koeckeritz b. In opposition:None C. Commenting d. Written testimony:None e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Fenestration requirements on the eastern fagade. City of Meridian I Department Report IV. Action 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. City Council: Pending City of Meridian I Department Report IV. Action EXHIBITS A. Project Area Maps to Project Overview) 1. Aerial V. Legend Project Location Area of Impact l ` Analysis 2. Zoning Map Legend L_ Project k �: .OVERL--AND P"Area of .. ■11 - Analysis - FRANKL-INS o _ 'WE W - RR City of Meridian U w r� f Z F �1111�1Vr`ER�AND � -��iN■■■� ll�y� Departmentpo • � ` ° FRANKL-IN o o / - • - • �OYERLAND� �t .� ■F•■■■ • U 5 �T= All - - - FRANKL=IN �-`-- � �I9IItli�1_�:;`:■:':�. _ -- neon►��"'Fuumuinuuwnu % Ewa Ea i I Q 1 ■� -=:.•� III• ■. "� R fill V IIIIVtl±nrrmr+�, If nnrru= a`+IIII�■ �luua 91M11''u""afl= r W IEIIIIEIIII=_ i=ftlllllllll==�__` �1g,IYFIIIIIIIQ Ilillllltlll f� + E■■� 11 � \ � �L.11��■ �, OYERL--AND Y ■■■■� ll/`\ B. Subject Site Photos i r 1'j City of Meridian Department Report V. Exhibits ti City of Meridian Department Report V. Exhibits C. Service Accessibility Report Overall Score: 2 1 st Percentile Lccation Within 1,12 mile of City Limits YELLOW Extension Sewer Trunkshed mains � 500 ft. from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Not enough data to report average response time RED Pathways Within 1/4 mile of future pathways YELLM-V Transit Not within 114 of current or future transit route RED Ultimate configuration (#of lanes in master streets 0 Arterial Road Buildout Status plan) > existing (-# of lanes) & road IS NOT in 5 yr work RED plan School Walking Proximity From 1/2 to 1 mile walking YELL0Ikf V School Drivability Not within 2 miles driving of existing or future school RED Parklalkability No park within walking distance by parktype RED City of Meridian I Department Report V. Exhibits D. Site Plan (date: 7/l/2024) -�- - VLMK s 0. Cob ind.dincll o I - TCoate PARK RJLDML rr [ -- SIIE rvw [ V City of Meridian Department Report V. Exhibits E. Building Elevations(date: 7/l/2024) VLMK ® so to mm cm to cm cm T T T T T T T T W. N. N. W.IWO W W ON Imm WIN N 6 Y Y Y? IPY � w Y Y nrwnvs City of Meridian Department Report V. Exhibits x Elµ sEC.16 H.q :i�ir d4' PI I I I I O 4 J I BALDING L PARCEL y 3.62 Aerast �I �_ - --� I I � 7WEIR53W 31F.ET � I J � 9 a 7880 1-11-2101 5.16 "&15 &2j SM 1KF 1�ze SE CM nit'B' 11 16Q 2L1a ml Sac:1'—1W >ai1°a z urra ur i r,av1� = E THE Building L WOLAND Black Cat Industrial a MISEAROUP Annexation Description City of Meridian I Department Report V. Exhibits F. Annexation Legal Description& Exhibit Map % - THE Page 1 of 1 LAND 6 R 0 U P J*11.2024 P(q)ect me.121102 EXHBrr A BLACK CAI RUAD—BUILDING L hNNLXArION I]ESCRIPTIUN A parcel of land located in the Northeast quarter of the Southeast Quarter of Section 16, 1owashlp 3 North,Range 1 West Base Mendian,Ada County,Idaho,being more particularly described as%llows: Commencing at the East Quarter Corner of Section lio of said rownship 3 North, Range 1 west,From which pant the Section Corner common to Sections 9,10,15 and 16 of said 1 ownship 3 North,Range 1 West bea rs south Oar 43'U!"West,a distance of 266ia35 feet distant), hence from said Last Quarter Comer,south 00'43'OP'14e611,a distance of 99.89 feet on the East line of said section 18 to the RUINI ill MGINNING; I hence continuing South 00'43'07"West.a distance of 454-M feet on said East line; Thence Marth 89'15'S3'West,a distance of 3alMfeetr Thence North OU'46'01'East a distance of 454.28 feet; Thence South 89' 18' 53" East, a distance of 341.44 feet on said Last line to the PLMNI UI DUNNING. he a"e described parcel CDFLUris 3-62 acres more or less PRLPARLD BY: HIE LAND GROUP,INC. AID T JJ 7880 Al 1-11-2024 r James R.Washburn �F£V% P_1FA 402 E"s1 S4ore Drive.Suee 100.64191e.50110 M610 206AW.4041 thel"ndgmupirw urn City of Meridian I Department Report V. Exhibits Alk f�� '� .-�.•�=. a :: ■■■■fir,...:, ys■�ss1t■�■ems '�+M1 _ ��M "s~ ; _ - F�ISOMER � �r.� � i#*�i�����■� rr�i�s � �i �; _OMNI - �����Mily ��■�rA�fFr �' iil I..M�• `il Ate]. ;F.:,if+•" �i DI - r LIdWIP 90_ r.Z � ■ w!;-maw _ - I ��• I+ 4 ' F '# _ ed mz lip 7. R MERIDIAN COMMERCE PARK Industrial sAWTOOTH I[-t L(I'�tlNl fiN(ll l' INITIAL PROPOSED SITE PLAN - a *' 4� ter, - i SM Originally included this 3.62parcel Applicant tied up 3 parcels from 3 It different owners lip :. . 40 rr F° 40 H f ; rp Vr r T , r - COMMERCEMERIDIAN COUNCIL APPROVED SITE PLAN W • Applicant lost control of 1 of the 3 ■ n� ��r ° ■■ ;; ;; I �� parcels — the 3.62 acre parcel was ■■ ■■ ■■ ■i ................ . ■�■ :: �: �� J■■■N removed • � ■ 'o E_ ® �. .; .. . ■ ■�_ - • Both Staff and Council stated they :: OWE would have preferred to have 3 ■■ �. ■■ ■_ :: ■■■ Included the 3rd parcel for ••••■■ continuity IN ■ ::� ■ ■ is ;�■■ ��; ■■ ■ ■■� ..■■ ■ is ■■C=' ■ ■�■■�; �■ m .�.. . •�■■ ■ Aw-,� ■■ is m MERIDIAN COMMERCE PARK PROPOSED SITE PLAN Z MORE .... ...... • W mom 0 IN Applicant was successful in JIM, purchasing the 3.62 acre Parcel MORE • Staff and Council initially wanted ■■ - ■* �■ ■ ■■ = this parcel included in the original Development Agreement o - :: :: w - ■ ■�. ■ �� mom No 0 so EL so MEN Oro ==now IME MINE awn am Dino on OWN IN 16 0 Mate 0i MERIDIAN COMMERCE PARK BUILDING L SITE PLAN , i - �■ ■■■ r • Project meets all requirements of the - - Development Code • Square Footage — 74,365sf ■■�,■_ n • Parking ;■■■ E� �R■ ■■■i • Required 37 ■■■� ��■� ;. • Proposed 147 = ra ■■■■ ONE - • Demisable down to 14,045sf e "u MINE Now ■N■w �? ■■■ ''�=: Ems ONE O■■i ■o■■ NEON LI_Ll ■ ■ R ■ a a ' Air MERIDIAN COMMERCE PARK PROPOSED C• • Notwithstanding any provision in the TMISAP development guidelines or the Architectural Standards Manual, the eastern facade of the conceptual building depicted in Section VIII of the Modification Findings shall satisfy fenestration requirements by incorporating a minimum of 10% fenestration on the northern half of the eastern facade. IANELS R PLAN �4d'{I• .TI T ON$ T p 7 31-0' 12 ......... ........ Me : • r - rm ........................................................... — --------------- ................... ............................... FAUX SPDRE 13OS ANL LA AT --------------•_•••••• METAL GREENCI::,:::•••••_____________ SCREENG.TYP SWERROW CORNER TO MATCH STOREFRONT EAST ELEVATION NORTH ELEVATION V•e"a.0 FENESTRATION - EAST FACADE a 5 3 2 'o A�-F.1 HB FIAN%.6 $11 1 oo�v -ORLDCATlohla —T 7 TM Willi" -------------- ..........�11H ILH ---------------J------------ -----------L---------------L...... APFFOX ELCFE DF CAT RD SPIWNDLANKAHOM 6FTkL*KEN FJUJ% SMINS.IW $l*ftpfiol EASTELEVATION 1'.2" mom �in z njis=ai0i��iq FENNER ii - — rs L1l!1111##!! � ■■AMA ■ 1 ,*1v R� sic-, z�l;'is * rtr � �^�� ���—.r+ �� :� - +� lam_ �t-^4fi� � �,�� •"-���:::�� � _ - _ �: ����ir ��� qp a Ad Bog r j Ar we may' mom Nosh 'Polpmalp TTf f _ 12411 MERIDIAN COMMERCE PARK industr I al AWTOOTH I'L�LL01-Ni fiN(�ll l' Additional Slides FENESTRATION • FOOTAGE Existing Development Agreement Sec. C-2 ASM 2) Notwithstanding any provision in the TMISAP development guideline, development building facades fronting on and adjacent to the east and west collector road a. Average. windows/doors (Grand Mogul Rd) running through the middle of the site, along Interstate- b. and the northern boundary of the site shall be required to have an ' ' clarificationaverage of 15% of the linear dimension of the frontage in windows and materials to designate d oo rways. square footage. The only reference to measurement is "linear" in the A. 3-33 c. Based on buildings approved • built footage"adopted, it appears "linear the accepted PROPOSED CONDITIONS OF APPROVAL TMISAP STREET SECTION r- 1 rl GrandMogul • • Collector Section . E 3rw .11l1 3- �t�14� CURRENT IMPROVED STREET SECTION SOUTH SIDE NORTH SIDE I 1 44'PRQRGSE1)ROff GF•WAY I I WACHP SKWALK Alit a sniGATION EA,TryAIy� 18'ACH6GIOEWALKAND Pl19JCVfuA'EASEi1ENi gWJW-TIMEASEMErTYd B BIRIGATION EASEIAENT Z PUBLIC UTILfTYEASEMEHT g66ACKTG BACK 2 NtlGhiIQN EASEMENT � I 1Q 1' 7 1T 1I 17 2 P 1Q �I r I 1 MuLRMSE PATHVIAY RANTER THRu TWO1vAYLT.TURN THRU RANTER MULTI-USE PATHWAY 4 — I I 1.75%tM25% LPRO IEG;:7 1.7E%--_0.25% I CONSTROGT 106FT MAILTHISIE I i cONsiR,ICI 10-FF MULTI-115E PATHWAY PER AGHO SUP E&M PATHWAY PER M]EI SUP SQ708 GOMPACTEO RATRE SWGRAOE SH ASPHALT,G,-B.U.50-IH LCQMPAGI®f10.7M1'E SLRGRADE gJEyERim CIAB&WAMER {17Y W✓<PG W20 PER GEOTECH REPORT PER A"SWP GP•7P7 4-IN OF 3'S'MNAIS GnUSK0 AGGREGATE BASE,TYRE 1 4-IN OF Y4'MMUS OWSHEO AGGREGATE BAM TYPE 1 HdN OF r MINUSIMGRUSHEO AGGREGATE BASE CONSTNCTFLILL•QEPiH ROAPWAYBASE SEGTIRR VINE V MIN.BEYOND BACK OF CURE 1 Grand Mogul Dr.-3 Lane Collector-Typical Section Scale wrs COMMERCEMERIDIAN DEVELOPMENT Prior to Occupancy o Install frontage improvements: TWLTL & turn ` -= lanes at access roads on Black Cat ,,,,,,, ACHD WIDEN FRANKLIN TO 5-LANES I o Construct portion of on-site collector 4 FRANKLIN/BLACK CAT w z Occupancy > 960KSF w . _ INTERSECTION Q IMPROVEMENT o Black Cat is widened to 5-lanes by developer or ACH D w z - � U� o Franklin/Black Cat Intersection Improvement �h ° °, ail' c; c� W a 011- m h o Construct portion of on-site collector =: �� o W q�tLL 4 _,0N.SITE COLLECTOR LL Occupancy > 1.5MSF TRAFFIC SIGNAL o Franklin is widened to 5-lanes by ACHD o Install traffic signal on Black Cat when warranted o Construct remainder of on-site collector R �` (including N-S collector) WHY THIS PROJECT NOW INDUSTRIAL SPACE IS NEEDED NOW o Less than 1% vacancy means new businesses cannot site here and existing businesses who want to expand are forced to relocate outside of Meridian o Project provides 2M SF, in range of sizes 17,000 to 350,000 SF JOBS ARE NEEDED NOW 0 78.5% of Meridian residents currently drive to Boise, Nampa or further for work o Project supports 2000 jobs, meeting Ten Mile Plan jobs goals h PROJECT CAN BE RESPONSIBLY PHASED - F � N PROPOSED CONDITIONS OF APPROVAL nklll1-Rd. Y4 Fr'arrklln Rd W Ffarrkhir `U 3a & 5a. Define Frontage for TMISAP design guidelines & Meridian Architectural Standards Manual q.i i' Nor '■ I ■■:: ■■:: ■ ■■:: .. ; on 110,21111111111111 on long PROPO ■ - f■7f:: iUILDI :: :i :: N � :: : oom FRONT ■■ - ., ■.■I[ ■■■■■■ ::■■� :■ ■i.fUl �! r ■■■YYi�J■.. i •: ■■ I ■■ ■■■iu F '*� Z a I � _ µ ._ -- ■■■ MERIDIAN COMMERCE PARK UPDATES IMPROVEMENTS ACHD FRANKLIN WIDENING o The Idaho Legislature allocated $36.5M to -- � :� helpACHD accelerate improvements to Hwy ` �� ` . �'"1=ranklin widening p y .ACHD Proposed Budget Includes: 16 connections w� - - x►> 2023 - $590k for Design to 2024 - $2.745M for ROW Acquisition a r — o ACHD has published their 2023/24 Proposed 4 � Budget; it includes —$5M for Design & ROW -= Franklin/McDermott Intersection ' - ° ACHD Proposed Budget Includes: 4 i � ose acquisition for: = 2023 453k for Design 2024 - $1.112M for ROW Acquisitions Franklin Widening nn • Franklin McDermott Intersection • https://achdidaho.org/Documents/Budget/2 0 023Bud et DraftBud et07272022. df o Construction is planned for 2028 o Timing aligns well with our project and the Hwy 16 scheduleI IL MERIDIAN COMMERCE PARK FENESTRATION • • • DIMENSION Building Length 550' Building Height 40' Fagade SF 221000sf 30% Min. Fenestration 6,600sf V it 111 19 � F B i 5 4 3 2 1 ow I v ir.r ��x� rw DMAT M — ;Q two QD Fig Ril�. ..... -.. Q MIi+WIiAS1O70 i�w�(r 6.A�GnI {9R�11 T4 Y4+Q� EAST ELEVATION Requires 12' tall glazing across entire 550' fagade BUILDING L FLOOR PLAN r . r . La'%A L-a;j am Eu .. ...... irIii l=liri :�: ' i■ii�il=1 ii�i■i P16, ■■■■■■■■■ ■■■■■■■■■■■■ ■■■■■■■■■ ■■■■■■■■■■■■■ FLOOROVERALL PLAN V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2067: An Ordinance (Calvary Chapel H-2024-0020) for rezone of a parcel of land being all of Lot 4, Block 2 and a portion of the west half of West Nelis Drive as shown on the plat of McNelis Subdivision, Book 100, Pages 13082-13084 at the Ada County Recorder; said parcel being located in the south half of Section 34, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 8.41 acres of land from the I-L (Light Industrial) zoning district to the C-C (Community Business District) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-068932 BOISE IDAHO Pgs=5 ANGIE STEELE 12/04/2024 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2067 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE (CALVARY CHAPEL H-2024-0020) FOR REZONE OF A PARCEL OF LAND BEING ALL OF LOT 4, BLOCK 2 AND A PORTION OF THE WEST HALF OF WEST NELIS DRIVE AS SHOWN ON THE PLAT OF MCNELIS SUBDIVISION, BOOK 100, PAGES 13082-13084 AT THE ADA COUNTY RECORDER; SAID PARCEL BEING LOCATED IN THE SOUTH HALF OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 8.41 ACRES OF LAND FROM THE I-L(LIGHT INDUSTRIAL)ZONING DISTRICT TO THE C-C (COMMUNITY BUSINESS DISTRICT) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Calvary Chapel Meridian Inc., the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from the I-L (Light Industrial) zoning district to the C-C (Community Business District) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. REZONE ORDINANCE—CALVARY CHAPEL H-2024-0020 PAGE I SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 3rd day of December,2024,before me,the undersigned, a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: REZONE ORDINANCE—CALVARY CHAPEL H-2024-0020 PAGE 2 I I CERTIFICATION OF SUMMARY: I William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. 3 i William L. M. Nar City Attorne i 1 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2067 An Ordinance (Calvary Chapel H-2024-0020) for rezone of a parcel of land being all of Lot 4, Block 2 and a portion of the west half of West Nelis Drive as shown on the plat of McNelis Subdivision, Book 100, Pages 13082-13084 at the Ada County Recorder; said parcel being located in the south half of Section 34, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit"A,"rezoning 8.41 acres of land from the I-L (Light Industrial) zoning district to the C-C (Community Business District) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue,Meridian,Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-CALVARY CHAPEL H-2024-0020 PAGE 3 EXHIBIT A 5awtooth Land 5urveyincg, LLC A. " 2030 5. Wa5hinyton Ave. ,1�5�LWrOOrf Emmett, ID 836 17 J I I P: (208) 398-8104 Land Survey;��, LL-C F: (208) 398-81 05 Description A parcel of land being all of Lot 4, Block 2 and a portion of the West half of West Nelis Drive as shown on the Plat of McNelis Subdivision, Book 100 Pages 13082-13084 at the Ada County Recorder. Said parcel being located in the South 1/2 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest corner of said Lot 4 and the POINT OF BEGINNING; Thence N 8013141" E 287.40 feet; Thence S 86151'15" E 501.30 feet; Thence S 00001'19" E 251.04 feet; Thence S 5204439" E 374.70 feet to the Centerline of West Nelis Drive; Thence along said Centerline a non-tangent curve to the left having an arc length of 68.36 feet, a radius of 400.00 feet, and a long chord that bears S 23059'36"W a chord length of 68.27 feet; Thence leaving said Centerline N 80050'56"W 259.19 feet; Thence N 89043'00"W 379.54 feet; Thence N 37025'41"W 130.00 feet; Thence N 43006'33"W 45.13 feet; Thence along a tangent curve to the left having an arc length of 152.82 feet, a radius of 290.92 feet, and a long chord that bears N 58009'30"W a chord length of 151.07 feet; Thence N 73°12'27"W 105.95 feet; Thence along a tangent curve to the right having an arc length of 122.51 feet, a radius of 100.50 feet, and a long chord that bears N 38017'09"W a chord length of 115.06 feet; Thence N 03021'51"W 140.80 feet POINT OF BEGINNING. 5�`oNGL S Containing 8.406 acres, more or less. °` 19599 161$ OF A. S1 1 of 2 THIS DESCRIPTION WAS PREPARED FROM RECORD DATA END OF DESCRIPTION I I LANp Sli 19599 OF SOP O A. S� EXHIBIT B -� Z \ Ui L w p 0. y W > OR / r,�SIT�I�i M 0 O U ICJ zOrn 0 Ll CD p co')CD Qwoo Q S Hd w0 hti , Io w o o Ewa" a -7 C.�/ o J N uj M CV Z o S 00001'19"E 251.04' ; CQ +° Mo V 1� � mo, rnn od f i IM W V � ZZ Q CL I b FI i� o U N I �o > I a � W � _ o Q '� WJ W QQNY ico np z Q z cn I co i / co o o � � � � porno � 200a III i �33� 'IOT�p�� � z � � � U. -z 00 f W O w Q M oNp J � N R Al Q W ~ U � "' "' m Z Z Z ti I li Zj >� a O NI m 3 Z W a J i W Iw� �:V Qn 4 Q - � U W �� r+� O Z J � cl 140.80' W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 24-2068: An Ordinance (Life Church H-2024-0024) for rezone of a parcel of land located in the southwest quarter of the Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 11.246 acres of land from I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code, directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-068935 BOISE IDAHO Pgs=4 ANGIE STEELE 12/04/2024 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2068 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE (LIFE CHURCH H-2024-0024) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 11.246 ACRES OF LAND FROM I-L (LIGHT INDUSTRIAL) ZONING DISTRICT TO THE C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Life Church, Inc., the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from 11.246 acres of land from I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. REZONE ORDINANCE-LIFE CHURCH H-2024-0024 PAGE I SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 311 day of December, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 3rd day of December, 2024,before me,the undersigned, a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho 3.28.2028 My Commission Expires: REZONE ORDINANCE—LIFE CHURCH H-2024-0024 PAGE 2 i i CERTIFICATION OF SUMMARY: 1 William L.M. Nary, City Attorney of the City of Meridian, Idaho,hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2068 An Ordinance (Life Church H-2024-0024)for rezone of a parcel of land located in the southwest quarter of the Section 9, Township 3 North,Range 1 East,Boise Meridian, City of Meridian,Ada County,Idaho, more particularly described in Exhibit "A," rezoning 11.246 acres of land from I-L (Light Industrial) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance;providing that copies of this ordinance shall be filed with the Ada County Assessor,the Ada County Treasurer,the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-LIFE CHURCH H-2024-0024 PAGE 3 EXHIBIT REZONE LEGAL DESCRIPTION A Rezone being located in the SW 1/4 of Section 9,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and described as follows: Commencing at a brass cap monument as shown on Corner Record No. 110054174 marking the SW corner of said Section 9, thence along the west line of said SW1/4 and the centerline of Eagle Road N01°02'05"E a distance of 1098.20 feet to the POINT OF BEGINNING. Thence continuing N01°02'05"E a distance of 680.D1 feet to a point from which a brass cap monument marking the NW corner of said SW1/4 as shown on Corner Record No. 113077808 bears N01 02'05"E a distance of 872.05 feet, Thence leaving said west line and along the centerline of East Commercial Court S88°S3'48"E a distance of 720.65 feet to a point. Thence leaving said centerline S01'05'05"W a distance of 680.13 feet to a point on the southerly right- of-way of the Oregon Shortline railroad; Thence along the said southerly right-of-way N88'53'13"W a distance of 720.04 feet to the POINT OF BEGINNING; Said Rezone containing 11.246 acres more or less. *7- z EMBIT B EXHIBIT = MAP OF REZONE COMPREHENSIVE PLAN AMENDMENT LOCATED IN A PORTION OF THE SOUTHWEST 1/4, OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO CP&F 113077808 —2024- 1/4 17 16 w in u 0 0 N (V 0nry T W Z E. COMMERCIAL COURT S88'53'48"E 720.65 Q o 0 O o00 00 tr `D Rezone Parcel W w Area=f 11 .245 Acres � O o 0 W N o 0 z V) P.0.B. N88'53'13"W 720.04' SCALE: 1"=300' S. RxR Right—of—Way � LEGEND w 0 o BOUNDARY LINE SECTION/TIE LINE o C6 z 8 9 17 16 CP&F 110054174 2024-8 LifeChurch PBA T3NR1ESec9.dw /'/ O GST REDS L� / 4-Rivers SurVel�ini for" OF R McGV Ma 24 1310 Ska LA.He�Z](MZ7'T J>W9 22 Y :�f_4rr-�qo V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2069: An ordinance (Keep West Subdivision — H-2023- 0047) annexing a parcel of land being a portion of the west half of the northeast quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A", rezoning 16.25 acres of such real property from RUT (Rural Urban Transition) to the R-2 (Low-Density Residential) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-068933 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 12/04/2024 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2069 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK AN ORDINANCE (KEEP WEST SUBDIVISION — H-2023-0047) ANNEXING A PARCEL OF LAND BEING A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 16.25 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO THE R-2 (LOW-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER,THE ADA COUNTY RECORDER,AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner Dawson Ranch, LLC to annex and rezone the land described in the legal descriptions attached hereto as Exhibit "A"and the maps attached hereto as Exhibit"B"("Subject Property"),which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222 to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 16.25 acres of such real property from RUT (Rural Urban Transition) to the R-2 (Low-Density Residential) zoning district. ANNEXATION ORDINANCE—KEEP WEST SUBDIVISION H-2023-0047 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3" day of December, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 3rd day of December,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 Commission Expiration: ANNEXATION ORDINANCE—KEEP WEST SUBDIVISION H-2023-0047 Page 2 f i CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M.Nary, City Attorney j SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2069 An ordinance (Keep West Subdivision—H-2023-0047) annexing a parcel of land being a portion of the west half of the northeast quarter of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian,Ada County,Idaho,more particularly described in Exhibit"A";rezoning 16.25 acres of such real property from RUT(Rural Urban Transition)to the R-2(Low-Density Residential)zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—KEEP WEST SUBDIVISION H-2023-0047 Page 4 EXHIBIT A S LAND SURVEYING PLLC _ Client: Jarron Langston Land Development Date: February 22, 2023 Job No.. 0323 ANNEXATION DESCRIPTION i � A parcel of land being a portion of the W 1/2 NE 1/4 of Section 5, Township 2 North, Range 1 East. Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found Aluminum cap stamped "PLS 4431" marking the NE corner of said NE 1/4, (Section corner common to Sections 4 and 5 of Township 2 North, Range 1 East, and Sections 32 and 33 of Township 3 North, Range 1 East), aid corner bears S.89°56'45" E., a distance of 2659.14 feet from a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner); Thence along the Northern boundary of said NE 1/4, N. 89°56'45"W., a distance of 1522.85 feet to the POINT OF BEGINNING, said point monumented with a found 5/8 inch diameter iron pin with an illegible cap; Thence leaving said Northern boundary, S. 10°16'52" E., a distance of 25.52 feet to found 5/8 inch diameter iron pin stamped "PLS 14221"; Thence S. 09°35'51" E., a distance of 540.33 feet to a point; Thence S. 00°23'31" E., a distance of 1213.70 feet to a found 5/8 inch diameter iron pin stamped"PLS 14221"; Thence S.00°22'25" E., a distance of 45.93 feet to a point on the centerline of the Farr Lateral. Said point bears S.00°22'25" E., a distance of 45.93 from a found 5/8 inch diameter iron pin witness corner stamped "PLS 14221"; Thence along the centerline of said Farr Lateral the following Courses and Distances; Thence N. 49°59'57"W., a distance of 27.51 feet to a point; Thence N. 22°30'24"W., a distance of 1518.71 feet to a point; Thence continuing, N. 25'12'14"W., a distance of 135.17 feet to a point marking the beginning of a tangent curve to the left; Thence a distance of 153.60 feet along the arc of said curve to the left, having a radius of 200.00 feet, a central angle of 44°00'08", the long chord of which bears N. 47°12'21"W., a distance of 149.86 feet to a point; Thence N. 69°12'33"W., a distance of 194.76 feet to a point; Thence leaving said Farr Lateral, N. 00°09'59"W., a distance of 40.74 feet to a found 5/8 inch diameter iron pin stamped "PLS 4998"; Thence N. 0010'55" E., a distance of 38.42 feet to a found 5/8 inch diameter bent iron pin without a cap on the Southern Right-of-Way of East Lake Hazel Road; Thence N. 00°25'38" E., a distance of 25.16 feet to a found 5/8 inch diameter bent iron pin without a cap on the Northern boundary of said NE 1/4; Thence along said Northern boundary, S. 89°56'45" E., a distance of 848.59 feet to the POINT OF BEGINNING. This parcel contains 16.25 acres more or less. SUBJECT TO.-All existing rights of way and easements of record or implied appearing on the above- described parcel of land. 623 11th Ave. South,Nampa, ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com EXHIBIT B 848:58 r8q: . .. ._. o m 1 1 :::::::::::: w ::::.:::::::.: Ln to o>, . 1 (D :- 4. 9 .:.i.i.c.i.:.i.i.:.:.i.:. "'rp . . . . . . . . . . . . . . . n � N w :•: it fC jr Raap Ranch Annexation Closure 2/22/2023 Scale: 1 inch= 221 feet File: Raap Ranch Annexation Closure 02222023.ndp Tract 1: 16.2532 Acres,Closure:n43.5224w 0.01 ft.(1I774805),Perimeter=4808 ft. 01 s10.1652e 25.52 10 n00.0959w 40.74 02 s09.355le 540.33 11 n00.1055e 38.42 03 s00-2331e 1213.7 12 n00.2538e 25.16 4 s00.2225e 45.93 13 s89.5645e 848.59 05 n49.5957w 27.51 06 n22.3024w 1518.71 07 n25.1214w 135.17 08 Lt,r=200.00,delta=044.0008,chord=n47.1221w 149.85 0 5 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 24-2070: An Ordinance (Apex Farr H-2024-0014) for rezone of a parcel of land located in a portion of the south half of the northeast quarter, and a portion of the southeast quarter of the southeast quarter, and a portion of Lot 1, Block 5 of Shafer View Terrace Subdivision (Book 128, Pages 20722-20730, Records of Ada County, Idaho), all located in Section 31, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 38.45 acres of land from R-4 (Medium Low-Density Residential) to R-8 (Medium-Density Residential) (31.27 acres), and R-15 (Medium High-Density Residential) to C-C (Community Business District) (6.42 acres), and R-2 (Low-Density Residential) to R-8 (Medium-Density Residential) (0.76 acres) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2024-068934 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 12/04/2024 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 24-2070 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE (APEX FARR H-2024-0014) FOR REZONE OF A PARCEL OF LAND LOCATED IN A PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF LOT 1, BLOCK 5 OF SHAFER VIEW TERRACE SUBDIVISION (BOOK 128,PAGES 20722-20730,RECORDS OF ADA COUNTY,IDAHO),ALL LOCATED IN SECTION 31,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 38.45 ACRES OF LAND FROM R-4 (MEDIUM LOW-DENSITY RESIDENTIAL) TO R-8 (MEDIUM-DENSITY RESIDENTIAL) (31.27 ACRES), AND R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) TO C-C (COMMUNITY BUSINESS DISTRICT) (6.42 ACRES), AND R-2 (LOW-DENSITY RESIDENTIAL) TO R-8 (MEDIUM- DENSITY RESIDENTIAL) (0.76 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE;DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Smith Brighton Inc.; DWT Investments LLC,• SCSH Properties LLC; Brighton Apex LLC; Brighton Development Inc.; SCS Investments LLC; The David&Kristin Turnbull Family Trust Dated August 1, 2006; and The Tomlinson Foundation, the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from R-4(Medium Low- Density Residential) to R-8 (Medium-Density Residential) (31.27 acres), and R-15 (Medium High- Density Residential) to C-C (Community Business District) (6.42 acres), and R-2 (Low-Density Residential) to R-8 (Medium-Density Residential) (0.76 acres) zoning districts. REZONE ORDINANCE-APEX FARR H-2024-0014 PAGE I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten(10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3rd day of December, 2024. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK REZONE ORDINANCE—APEX FARR H-2024-0014 PAGE 2 i i, CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. Z"_w Z' William L. M. Nary, City Attorney i SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2070 An Ordinance (Apex Farr H-2024-0014) for rezone of a parcel of land located in a portion of the south half of the northeast quarter, and a portion of the southeast quarter of the southeast quarter, and a portion of Lot 1, Block 5 of Shafer View Terrace Subdivision (Boole 128, Pages 20722-20730, Records of Ada County, Idaho), all located in Section 31, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 38.45 acres of land from R-4 (Medium Low-Density Residential) to R-8 (Medium-Density Residential) (31.27 acres), and R-15 (Medium High-Density Residential)to C-C (Community Business District) (6.42 acres), and R-2 (Low- Density Residential) to R-8 (Medium-Density Residential) (0.76 acres) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date.A full text of this ordinance is available for inspection at City Hall, City of Meridian,33 East Broadway Avenue,Meridian,Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] REZONE ORDINANCE-APEX FARR H-2024-0014 PAGE 4 STATE OF IDAHO, ) ) SS: County of Ada ) On this 3rd day of December 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: Type text here REZONE ORDINANCE—APEX FARR H-2024-0014 PAGE 3 EXHIBIT A km 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 April 29,2024 Project No. 21-248 Exhibit A Legal Description for Rezone to R-8 Apex Farr Subdivision 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.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31, which bears S89°57'56"W a distance of 2,601.37 feet from a brass cap marking the East 1/4 corner of said Section 31, thence following the westerly line of said Northeast 1/4, N00°38'17"E a distance of 1,112.96 feet to a point on a line being parallel to and 25-ft southwesterly of the centerline of said Farr Lateral; Thence leaving said westerly line and following 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. S72°17'39"E a distance of 87.22 feet to a 1/2-inch rebar; 4. S78°53'58"E a distance of 439.81 feet to a 1/2-inch rebar; 5. S75°55'10"E a distance of 99.84 feet; 6. S61°21'11"E a distance of 24.44 feet; 7. S46°09'47"E a distance of 188.67 feet; 8. S55°48'16"E a distance of 45.29 feet to a 1/2-inch rebar; 9. S62°37'05"E a distance of 331.41 feet to a 1/2-inch rebar; 10. S49'07'00"E a distance of 149.42 feet to a 1/2-inch rebar; 11. S47°33'25"E a distance of 228.36 feet; 12. S54'34'10"E a distance of 104.95 feet; 13. S59°52'47"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 1/4; Thence leaving said line and following said southerly line, S89°57'56"W 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 hereby made a part of. AND s 1 ^� -62 ENGINEERS SURVEYORS PLANNERS km 0 TL rcff LT 3 73 7 7 M 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 October15, 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 1 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 S00°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, N00°32'22"W a distance of 660.07 feet to the POINT OF BEGINNING. Thence leaving said easterly line, N89°42'21"W a distance of453.05 feet; Thence N00°16'52"E a distance of 623.25 feet; Thence S89°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. 5� I S T,-,h' ��G �0 4 �s 12,459 9q�o 0 F ENGINEERS SURVEYORS PLANNERS 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 April 30, 2024 Project No.21-248 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 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Center 1/4 corner of said Section 31,which bears N89°57'15"E a distance of 2,507.62 feet from an aluminum cap marking the West 1/4 corner of said Section 31, thence following the easterly line of said Southwest 1/4, S00°17'55"W a distance of 270.83 feet; Thence leaving said easterly line, 8.54 feet along the arc of a circular curve to the left, said curve having a radius of 280.00 feet, a delta angle of 01'44'51", a chord bearing of N39'39'07"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 left, 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 chord distance of 192.66 feet to a point on the northerly line of said Southwest 1/4; Thence following said northerly line, N89'57'15"E a distance of 338.68 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.758 acres, more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. )NIL � 4-j ti� j a 12459 0 0 B L. ENGINEERS SURVEYORS PLANNERS EXHIBIT B Proposed Apex Farr Subdivision o N00.38'17"E 1 1 12.96' v � N CZZ N � JUi omCn � is _ \l Om rn 00 D cn Do cn w m 4� m (D to -0 -(a V --I v c0 ;U C7 2 � (� N O X �CO Cll Ln N N Ln � O] Z O C 'il C+a U1 N v D Z Z Ln (D v Ui (n C,T ;U M O ON (D D 03 Cp (n Cp m (D W I-T m CL N N a)rD -P o —OI O O W 5 W O �• CY)j N Z N UQ CJU I-n N J � SON N (n N O I+ P rn N 00 ny � OfD rn Np >� �Cc„ A cn oo Q Q a 4 �C^ N Ln J CD �/O� v �O, MCA J m O N m O � � rn X N rrj -n to N In -1� O � J N I O j O a rr1 p mLn _LA D(n - m 41 : v 0 A CD (Al O CA (D D00 �O P ccnD,Ln f rri °h ,� z w v nL (3 Ln O -1 = v O 'N Q II o Ti Vim` m-11 O Do o O X - O O n CZ - O Zm o� 5 m cn a z D Q (rl _� a N O O a n Z J F DW rn o -lDf W O z 0 — — — — — — — w N S. Locust Grove Rd. Q N r1 N E N G I N E E R I N G _m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 } PHONE(208)639-6939 Exhibit B - Rezone to R-8 kmengllp.com Apex Farr Subdivision i DATE: April2024 PROJECT: 21-248 SHEET: A portion of the South 1/2 of the Northeast 1/4 of Section 31, a 1 OF 1 T3N, R1E, BM, City of Meridian, Ada County, Idaho a jly 2 3 a 439.81 s78053'58„e 6 � �9 6) 1 3 s6 2 �l4j O,ye �3 �9 46 323�e 31 32 EAST 1/4 CORNER SECTION 31� FOUND BRASS CAPI Proposed Apex Farr I 0) Subdivision `D E. Crescendo St. S89'42'21"E 444.12' Proposed Apex Farr l Subdivision o c, z oERN Rezone Area: 6.418±AC. ,,,m �,, ;r, Portion of S1131449000 & N o v o Q + X N S1131449810 ,�a z .� to Current Zoning: R-15 o m C I---- Q to L o O I Q '> Proposed Zoning: C-C to `� LU z � N v Q 0 to--tn -a Ln Q N Q i ° --zOn v '�' o Ln U 0 -- M V 1—� POINT OF E. Phenomenal St. 0 BEGINNING N89'42'21"W 453.05' W o of ca Apex Northwest cD Subdivision No. 1 CV CV Z r7 0 O POINT OF COMMENCEMENT Z SOUTHEAST CORNER SECTION 31 o FOUND ALUMINUM CAP 1 ° E. Lake Hazel Rd. T.3N., R.1E. 31 32 0 T.2N., R.1 E. N 6 5 0 150 300 450 N E N G I N E E R I N Gl Plan Scale: 1" = 150' m 572S NORTH DISCOVERY WAY = BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B - Rezone to C-C > kmengllp.com Apex Farr Subdivision DATE: Octoberl2024 PROJECT: 21-248 SHEET: A portion of the SE 1/4 of the SE 1/4 of Section 31, 1 OF 1 T3N, R1E, BM, City of Meridian, Ada County, Idaho 444.12 s89°42'2I"e N � j N O IJ J - r n89°42'21"w 453.05 Title: Rezone to C-C Date: 10-15-2024 Scale: 1 inch= 150 feet File: Tract 1: 6.418 Acres: 279581 Sq Feet: Closure=n41.0535e 0.01 Feet: Precision=1/401207: Perimeter=2144 Feet 001=n89.4221w 453.05 003=s89.4221e 444.12 002=00.1652e 623.25 004=s00.3222e 623.32 POINT OF BEGINNING CENTER 1/4 CORNER SECTION 31 FOUND 5/8" REBAR M I Proposed Apex Farr IZ Subdivision BASIS OF BEARING 36 31 N89'57'15"E 2507.62' _ F0D 2168.94' � N89'S7'15"E 338.68' c _ Rezone Area: 0.758± AC. \ Portion of R7824251260Current Zonin R-2 1WEST 1/4 CORNER SECTION 31 g FOUND ALUMINUM CAP Proposed Zoning: R-8 N Proposed Apex Farr Subdivision 70. v 2 � o �R Proposed Apex West Subdivision C1 Shafer View Terrace ff Subdivision 0 0 s CURVE TABLE a m e CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 280.00' 8.54' 1'44'51" N39'39'07"W 8.54' 0 C2 230.00' 198.79' 49'31'13" N65'17'09"W 192.66' � a N 3 0 0 100 200 300 ~- Plan Scale: 1" = 100' 0 0 z O N m N E N G I N E E RING _e 5725 NORTH DISCOVERY WAY — = BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - Rezone to R-8 kmengllp.com Apex Farr Subdivision DATE: Apri12024 -------------------- PROJECT: 21-248 -- -- S~HEFT, ~ A portion of the Lot 1, Block 5 of Shafer View Terrance in the NE 1/4 I 1 OF 1 of the SW 1/4 of Sec. 31,T3N, R1E, BM, City of Meridian, Ada County, Idaho 1 338.68 r n89°5Tl5"e 2n n o /JA p f V � Jay Title: Rezone to R-8 Date: 04-30-2024 Scale: 1 inch= 100 feet File: Tract l: 0.758 Acres: 33012 Sq Feet: Closure=s43.5101 e 0.01 Feet: Precision=1/125966: Perimeter= 1058 Feet 001=s00.1755w 270.83 003=n40.3133w 241.33 005=n89.5715e 338.68 002:Lt,R=280.00.Delta=01.4451 004:Lt,R=230.00,Delta=19.3113 Bnr-n39.3907w.Chd=8.54 Bn_n65.1709e•,Chd=192.66