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HomeMy WebLinkAbout2025-02-04 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 04, 2025 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 as Amended (Item 14 removed) CONSENT AGENDA \[Action Item\] Approved Motion to approve (with the removal of Item 14) made by Councilman Cavener, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the January 21, 2025 City Council Regular Meeting 2. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0004) 3. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0005) 4. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 3 (ESMT-2025-0006) 5. Cascade Apartments Water Main Easement No. 1 (ESMT-2025-0002) 6. Cole Valley Christian Schools Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0003) 7. McDermott Village Phase 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0008) 8. Peppermint Dental Water Main Easement No. 1 (ESMT-2025-0010) 9. Peppermint Dental Water Main Easement No. 2 (ESMT-2025-0011) 10. Prariefire Water Main Easement No. 4 (ESMT-2025-0007) 11. Wood Rose Apartments Pedestrian Pathway Easement (ESMT-2024-0149) 12. Findings of Fact, Conclusions of Law for 330 N. Linder Rd. (H-2024-0048) by Nicholas Rinker, located at 330 N. Linder Rd. 13. Findings of Fact, Conclusions of Law for Pine 43 West (CR-2024-0003) by CSGQA, located at Southwest Corner of N. Webb Ave. and E. Fairview Ave. 14. Final Plat for Brundage Estates Subdivision No. 1 (FP-2024-0024) by L.C. Development, generally located east of S. Linder Rd. midway between W. Victory Rd. and W. Amity Rd. Vacated from Agenda 15. Farm Lease Agreement between the City of Meridian and Louie Asumendi for Farming of 40 Acres of City Owned Land Adjacent to the Wastewater Resource Recovery Facility 16. Resolution No. 25-2498: A Resolution Establishing the Reappointment of Brian Garrett to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date 17. Resolution 25-2499: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Louie Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile Rd., North of W. Ustick Rd., in Ada County Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease Agreement on behalf of the City of Meridian; and providing an effective date. 18. Resolution No. 25-2500: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date 19. Resolution No. 25-2501: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics COMMUNITY PRESENTATIONS \[Action Item\] 20. Light My Fire Check Presentation DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Public Works Fiscal Year 2025 Fee Schedule Update ACTION ITEMS 22. Public Hearing continued from January 21, 2025 for Lennon Pointe Subdivision (H-2024-0060) by Rodney Evans + Partners, LLC., located at SE Corner of N. Linder Rd. and W. Ustick Rd. Approved Application Materials: https://bit.ly/H-2024-0060 A. Request: Preliminary Plat consisting of 41 single-family/townhome residential building lots, one (1) multi-family residential building lots, one (1) commercial building lot and Seven (7) common lots on 8.80 acres of land in the R-15 and C-C zoning districts with some private streets. 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 FUTURE MEETING TOPICS ADJOURNMENT 6:26 PM Meridian City Council Work Session February 4, 2025. A Meeting of the Meridian City Council was called to order at 6:00 p.m. Tuesday, February 4, 2025, 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, Sonya Allen, Laurelei McVey, Kyle Ludwig, Steve Taulbee and 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 February 4th, 2025. It's 6:00 p.m. We will begin this regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next Item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up will be our community invocation, which tonight will be delivered by Nick Armstrong. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Armstrong: Father, this is your community and we thank you for the Mayor and the Council that are committed to the welfare of its community, the safety and just the vibrancy of our community making it a great place for our family and I'm thinking of a note that the Mayor sent out this week about commitment to public safety, sufficient public resources and just that we continue to maintain a place that -- where we want to raise our families. Thank you for the departments that are all committed to providing good service to our community and just pray for wisdom as they make choices and that there would be a sense of fairness in their decisions and just thank you for this time in Jesus' name, amen. Meridian City Council February 4,2025 Page 2 of 12 ADOPTION OF AGENDA Simison: Thank you, Nick. Next up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: We are going to pull Item 14 off tonight's Consent Agenda. A couple items that need to be addressed. We will bring that back on a future agenda. Mayor, with that one small change I move we adopt the agenda as amended. Overton: Second. Simison: I have a motion and a second to adopt the agenda as amended. Discussion on the motion real quick, looking at Mr. Nary. Do we -- are we removing this to the items removed from the Consent Agenda to take a future action on it or remove it off the agenda altogether? Nary: Mr. Mayor, just removing it off the agenda and since it's only an agenda notice required we will just put it in our future agenda when it's worked out. Simison: Thank you. Just want to make sure we were getting it to the right place, so any further discussion on the motion? If not all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is approved as amended. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 21, 2025 City Council Regular Meeting 2. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0004) 3. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0005) 4. Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 3 (ESMT-2025-0006) 5. Cascade Apartments Water Main Easement No. 1 (ESMT-2025-0002) 6. Cole Valley Christian Schools Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0003) Meridian City Council February 4,2025 Page 3 of 12 7. McDermott Village Phase 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0008) 8. Peppermint Dental Water Main Easement No. 1 (ESMT-2025-0010) 9. Peppermint Dental Water Main Easement No. 2 (ESMT-2025-0011) 10. Prariefire Water Main Easement No. 4 (ESMT-2025-0007) 11. Wood Rose Apartments Pedestrian Pathway Easement (ESMT-2024- 0149) 12. Findings of Fact, Conclusions of Law for 330 N. Linder Rd. (H-2024- 0048) by Nicholas Rinker, located at 330 N. Linder Rd. 13. Findings of Fact, Conclusions of Law for Pine 43 West (CR-2024- 0003) by CSGQA, located at Southwest Corner of N. Webb Ave. and E. Fairview Ave. 15. Farm Lease Agreement between the City of Meridian and Louie Asumendi for Farming of 40 Acres of City Owned Land Adjacent to the Wastewater Resource Recovery Facility 16. Resolution No. 25-2498: A Resolution Establishing the Reappointment of Brian Garrett to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date 17. Resolution 25-2499: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Louie Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile Rd., North of W. Ustick Rd., in Ada County Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease Agreement on behalf of the City of Meridian; and providing an effective date. 18. Resolution No. 25-2500: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date 19. Resolution No. 25-2501: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date Meridian City Council February 4,2025 Page 4 of 12 Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Notation of removing Item 14, 1 move we approve the Consent Agenda as amended, for the Mayor to sign and the Clerk to attest. Overton: 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. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, anyone signed up under public forum? Johnson: Mr. Mayor, I neglected to check the back of the room, but there were no sign ups last I looked. Simison: Okay. We will give it just a few quick seconds. But while he does that I'm sure Carly may want to come start working on her way up, if she's going to be doing the presentation or introduction of the Light My Fire. COMMUNITY PRESENTATIONS [Action Item] 20. Light My Fire Check Presentation Simison: Okay. So, we will move on to Item 12 -- there was no one signed up under Public Forum -- for the Light My Fire check presentation. I will invite Carly or anyone else who would like to come forward and do the introduction of the Light My Fire team. You can do it this way for an initial conversation and, then, we will just -- yeah. Shears: We are pleased to have Light My Fire here this evening, a local organization that donates funds to fire departments in the Treasure Valley for Burnout Fund, Benevolent Fund, as well as fire and life safety education projects. So, without further ado Light My Fire. Meridian City Council February 4,2025 Page 5 of 12 Simison: Okay. Thank you. Cahoon: We are so excited to be here tonight. This is one of the great things that we get to do. We work together as a team to raise funds for the mission of fire safety prevention and the burnout funds and there is some new faces in the room here, so I'm just going to take you down the road of history of Light My Fire. So, over 30 years ago a fire was being fought in a local home resulting -- resulting in a devastating loss for the family. Nearly everything they own was consumed and lost by smoke and flame. Imagine the helplessness of everyone out there that was witnessing what was going on. After the fire was out community -- community members standing nearby witnessed firefighters taking money out of their back pockets and wallets and giving it to the family. When asked why are you doing that those standing by learned that there was no immediate mechanism to help families displaced by fire. Little kids without shoes. People in their bathrobes or not and firefighters simply could not bear mopping up the fire scene and leave them in their dark reality of what was happening with their homes. This was the birthing place of Light My Fire. Standing right here is Bob Ricketts who has been here since the very beginning. We will be doing our 31 years this year. It takes a hard working dedicated team to raise these funds and I want to introduce you Sarah Morris, Ricketts and Associates. Pam Orr. Everybody knows and loves Pam. She doesn't even work for the fire department anymore, but she's still here standing strong, helping with fire prevention and raising the donations. This is a labor of love where competitors in the insurance industry and restoration companies lay their lances down because of competitors to accomplish this mission. Fire safety, education and prevention is another important piece of our mission. Meridian Fire has done a tremendous job over the years building and creating new programs. Looking at the catastrophe of those fires in California it helps us to recognize how important these programs are to save lives and property. During Light My Fire's 30 time -- 30 year time span over 780,000 dollars has been donated. The net proceeds of our 2024 gala directly supports Meridian and Boise fire, the Idaho First Responders Wellness Coalition and our vision has also expanded with a grant program where we are helping other Idaho fire departments within the state of Idaho with -- with their fire prevention and education programs. This also this year includes a donation to the Renaissance Fire Cadet program that is educating our future firefighters, which is so important. We got to raise them up. We got to teach them. So, for the Meridian Fire Department prevention and education, Pam. Orr: So we have 10,000 dollars for the education department. So, congratulations, Carly. Cahoon: And there is a matching fund with the MOV that we have with the city and so that doubles to 20,000 dollars and we are looking forward to working with Carly to help us with on our committee level and to walk forward with us to help raise these funds. Orr: And, Ben, the Benevolent Fund. Yeah, the Meridian Benevolent Fund 13,000 dollars. And so Josh Wheeler. And we do have members of the Benevolent Fund that work for us -- work with us as well, so we really appreciate their efforts. And, then, for Meridian City Council February 4,2025 Page 6 of 12 the Idaho First Responder Collaborative 2,000 dollars. Chris Verkerk is the -- our member that also helps us as well and every year he brings something in and -- and we do a live donation for that. So, thank you. Cahoon: Oh. And we want to invite you to come and attend, of course. I know, Mayor, you have been there in the past and we would love for you to show up again this year and we want you to put on your hot Havana dance pants. Simison: And I just looked, because I was surprised it wasn't on my calendar, but February 21 st I actually am in town, which is awesome and not occupied, so I will be there. Cahoon: Excellent. We look forward to that and the rest of you are invited to come as well to join in with us to help people right here in our community. Simison: We -- on behalf of the city I just want to -- first give a round of applause for them and all the hard work they do. I know my part is pretty easy to say we can't do it without you, but you see the support of the fire department here. They can't do this without you and our residents are the ones that benefit. Those in need are the ones who benefit and so we truly appreciate all the hard work and effort that you all do to support through this -- through this event and other -- many other things you do to bring funds that go to help during the time was right. So, just thank you on behalf of myself. And any other members of the Council we are interested in saying any words? Cavener: Mr. Mayor, it's a great event. Nothing better than going to a great event for a great cause, so appreciate you guys being great advocates and volunteers. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Let me just thank everybody. Let's do this again next week. I've known Bob for a number of years and tonight as we talked about going back 31 years, there is a real deep commitment to this community, to the work that our first responders or firefighters or police do and it's just great to see this kind of community support. So, you are welcome anytime, but we will see you next year for sure. We will see you at the gala. DEPARTMENT / COMMISSION REPORTS [Action Item] 21. Public Works Fiscal Year 2025 Fee Schedule Update Simison: Thank you. With that we will move on to Item 21 , which is the Public Works Fiscal Year 2025 Fee Schedule Update. Thank you, Laurelei, for being here this evening. Meridian City Council February 4,2025 Page 7 of 12 McVey: All right. Thank you, Mayor and Council. We will try to continue the good news with some fee decreases. There are a few increases, but -- so this is part of our normal annual fee update. So, we started the process with 178 Public Works fees and it really challenged the team this year to consolidate, cut, reduce, simplify if possible and they definitely rose to that challenge. We were able to cut 89 fees, which are about 50 percent of that list. These were for miscellaneous parts all the way down to nuts, bolts, screws to put together fire hydrants and every single year we would go out and get three quotes on every single one of those parts to put that list together instead of that now if one of those things are damaged we just group it together into a fire hydrant repair and just get a direct quote and pass that quote along to the responsible party. So, really cut a considerable amount of annual ongoing staff time. We were also able to decrease 15 fees. Those are directly related to pass-through costs. So, if the vendor costs went down we decreased that fee. We also re-evaluated some staffing time and made sure that our hours were in alignment and if the time went down we reduced those fees. Forty-four of our fees are increasing. Again these are directly related to pass-through costs. So, the cost of meters have increased from the vendor. Those costs go just directly to the purchaser of the meter. A couple of them have increased due to our internal labor rates and, like I said, doing better hour studies to truly reflect the time spent on the tasks. So, tonight is just to inform you of these, to ask if you have any questions and, then, our next step is we do take them to public hearing and noticing and we will pass those through in the next couple of months through the normal process. Just a quick note. These don't include our regular water and sewer rates. We do those as a separate process in mid-summer since those impact a lot of people. We kind of want them on their own evaluated and noticed to people. So, with that I will stand for any questions. Simison: Thank you, Laurelei. Council, any questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Not so much a question as a comment. Laurelei and I had a chance to review this and kind of talk about it. I just want to commend her and her staff and the department for their -- their diligent and self reflection and looking into how we can, you know, simplify things, minimize things, decrease costs. Especially I like decreasing the workload on staff as much as you can. So, I think it's a -- it's a good example to the -- to the rest of the city in ways in which we can look at that. I think the end result is hopefully elevated service, easier workload on the staff and a better product from the city. So, I just want to commend you, Laurelei, and your staff on that. ACTION ITEMS 22. Public Hearing continued from January 21, 2025 for Lennon Pointe Subdivision (H-2024-0060) by Rodney Evans + Partners, LLC., located at SE Corner of N. Linder Rd. and W. Ustick Rd. Meridian City Council February 4,2025 Page 8 of 12 A. Request: Preliminary Plat consisting of 41 single-family/townhome residential building lots, one (1) multi-family residential building lots, one (1) commercial building lot and Seven (7) common lots on 8.80 acres of land in the R-15 and C-C zoning districts with some private streets. Simison: All right. Thank you, Laurelei. Look forward to seeing them come back. Okay. With that we will move on to our Action Item this evening. Next up is Item 22, a public hearing continued from January 21 st for Lennon Pointe Subdivision, H-2024- 0060. Continue this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. I'm going to be fairly brief tonight. My -- my voice isn't holding on too -- too far tonight, so -- the only application on -- on this is a preliminary plat. This site consists of 8.8 acres of land. It's zoned R- 15 and C-C and is located at 1515 West Ustick Road at the southeast corner of North Linder Road and West Ustick Road. This property was annexed back in 2022 with the development agreement and approval was granted at that time for preliminary plat and a conditional use permit for a multi-family residential development, both of which have since expired. The Comprehensive Plan future land use map designation is mixed use community. A new preliminary plat is proposed consisting of 41 building lots and seven common lots on 8.8 acres of land in the R-15 and C-C zoning districts. The proposed plat generally complies with the previous plat included in the development agreement as required. Access is proposed via Linder Road and Ustick Road, arterial streets abutting the site and via the extension of existing local stub streets at the east and south boundaries. Private streets are also proposed internally. A minimum of 15 percent qualified open space is required to be provided. The applicant is proposing 19.07 percent, which exceeds UDC standards. Qualified site amenities are also proposed exceeding UDC standards. Future development is required to comply with the concept building elevations and site plan included in the development agreement. A final design of all single family residential attached and town home structures, as well as the commercial and multi-family residential structures are required to comply with design standards in the Architectural Standards Manual. A conditional use permit is required for the multi-family development. The Commission recommended approval of this application to City Council. Ben Semple, the applicant for Rodney Evans and Partners, testified in favor. No one testified in opposition. Joy Firlupa -- Firlupa -- excuse me if I must pronounce that -- commented on the application. Written testimony was received from Ben Semple, the applicant, in agreement with the staff report conditions. The key issues were concern with traffic stacking in front of the driveway access via Ustick Road preventing vehicles from exiting the site. Request for a painted square is placed in that area to prevent stacking in that area to enable access out of the site. There were no real items of discussion by the Commission. The Commission at staff's request did change -- they did include a condition requiring an ingress-egress easement to be depicted on the plat across Lots 2 and 3, Block 1, granting access to all lots in the subdivision. There are no outstanding issues for Council tonight and there has been no written testimony since the commission hearing. Staff will stand for any questions. Meridian City Council February 4,2025 Page 9 of 12 Simison: Thank you. Council, any questions for staff? Okay. Would the applicant like to come forward? Semple: Good evening, Mr. Mayor, Members of City Council. Ben Semple with Rodney Evans and Partners. 1450 West Bannock Street, Boise, Idaho. 83702. First I want to thank Sonya for her presentation and the information provided. If this project looks familiar to you it's because it is. You approved it once already about a year and a half ago, both preliminary and final plat and bunch of other stuff. Unfortunately, there was some confusion about the timing of pre-plat approval and final plat approval, so the approvals fell out of -- well, fell out of approval, so we are back. What it did is it gave us a little bit of an opportunity to go and revisit some of this. One of -- well, first of all, we are in agreement with the conditions in the staff report, all agency comments and the conditions of approval. But we did go back and one of the main things we did was we talked with the pathway coordinator -- or the pathways manager for the city and we realigned the multi-use pedestrian pathway that runs along the Creason Lateral, it just makes it a little cleaner. There is not a hard right-hand and, then, a left-hand turn. It also allowed us to put an amenitized plaza down in that space as well that's kind of offline from the main, you know, bike and pedestrian traffic that also serves as kind of the entry point to an enlarged dog park that will be a minimum of 5,000 square feet on the site. Fully fenced. Have like a dog wash station and stuff with it, too. Regarding the condition or the comment about the striping on Ustick, my understanding it was the subdivision to the east of us, one of the -- I think is their HOA president actually had said that at their exit point onto Ustick, which is full access, there is some issues with traffic stacking on Ustick preventing that. We are absolutely in support of that, getting those lane stripes all the way from one side to the other to prevent stacking there. I think that we would join in that -- with that HOA in conversations with ACHD to get them to go out and do it. Our only connection to Ustick directly is a right-in, right-out only and we will be installing some candles out in the center lane to prevent the left turn movement out of that. You know, really all in all we are looking forward to the project moving forward now. So, I would stand for additional questions you might have. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just to the plat that's before us, but help me understand, again, we are in the mixed use area, sort of embrace that there is lots of different types of uses and I'm just curious is that something the applicant was looking to do? Is it some encouragement by staff trying to make sure that you are meeting the mixed use standards? I commend you and your creativity for trying to get a handful of uses in a smaller set of dirt. Just kind of help me understand what drove some of the decisions that -- that you and the applicant -- or you and your employer made. Meridian City Council February 4,2025 Page 10 of 12 Semple: Mr. Mayor, Council Member Cavener, I mean really the comp -- the Comprehensive Plan and the staff with the city has really helped drive the final rendition of this, but ultimately my client had come with understanding that they needed to be -- do some sort of mixed use here. They intend to build the multi-family themselves and, then, hold that as an investment property. That multi-family is going to be on the higher end. They have garages for the units, stuff like that. And, then, they just wanted to develop a couple pads there at the corner for some additional community commercial retail. We have -- one of the pads is set up to be potentially a little restaurant or cafe. Another one just a -- could be office. It could be a multi-tenant building. One thing we are trying to avoid there -- and I don't believe it's even allowed in code or our DA -- is a drive-thru food establishment. So, this would be something that's more walkable and it's not big enough to be a big destination obviously. If that answers your question. Cavener: I appreciate the help. Thanks, Mayor. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: And thank you. I -- I -- I live pretty close to this. I drive by this quite a bit and even kind of answered Councilman Cavener's question, too. Right across the road from Ustick you have what looks to be some very similar existing commercial, multi-use tenant, you know, like nail salon, accountant, you know, there is a bunch of medical spaces in there, so -- but, then, on the backside of the property is a bunch of residential. So, I actually see it as a pretty nice transition from what you see on the road. Across the road from Linder we have the substation and I think Ada County Paramedics is right there. So, I actually think when looking at it I thought it was kind of a nice sort of the frontage on the roads and, then, the residential in the back that should integrate pretty well some of the stuff that exists. Simison: Council, additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up on this one? Johnson: Mr. Mayor, David and Marie Childers. Simison: No -- no comments? There is -- is there anybody else present or online who would like to provide testimony in this item? If you are online you can use your raise your hand feature. Seeing no one coming forward or raising their hand online would the applicant like to make any final comments to close? Applicant waives final comments. Council, your direction. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we close the public hearing on file H-2024-0060. Meridian City Council February 4,2025 Page 11 of 12 Cavener: Second. Simison: Motion and 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: Kind of already shared some of my thoughts, but it's kind of a nice that's -- that corner has been sitting there for a while. I have always been wondering what are they going to do. But I actually really like this. I think this is a really good use, a good way to integrate some more than just residential uses on that corner. I always assumed it was going to be some apartments or something, but I like -- I think the plan works well. Interestingly when they were building the -- the -- sort of the -- just to the north of it where there is a -- some shells for business opportunities I was curious to see if that would even fill up, but it filled up really rather quickly and there is actually quite a few uses in there that I -- it's kind of interesting. So, there is clearly a need in this part of Meridian for some -- some of these types of uses, you know, restaurant, things like that. I actually think this is a good project. So, unless anyone has any other comments I would be prepared to make a motion on the project. Mr. Mayor, I move that we approve file H-2024-0060. Cavener: Second. Simison: Have a motion and a second to approve Item 22. Is there any discussion on the motion? 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. Thank you very much. MOTION CARRIED: ALL AYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council February 4,2025 Page 12 of 12 Cavener: Move we adjourn our meeting. Overton: Second. Little Roberts: Second. Simison: Motion and second adjourn the meeting. All in favor signify by saying aye. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-18-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 2-18-2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 21, 2025 City Council Regular Meeting Meridian City Council January 21,2025 Page 43 of 43 Simison: Let's move on to our last item of this evening, Item 22. This is a public hearing for Lennon Pointe Subdivision, application H-2024-0060. Turn this over to staff, which I understand we have got a noticing error on this one, so we need to continue it? Allen: Yes. The app -- not a noticing error, but the app -- well, it's a form of it I guess. To the public, yes. The applicant did fail to post the correct hearing date on the sign and they are requesting -- excuse me -- continuance to the February 4th hearing. Cavener: Okay. Council, here for that so -- Strader: Council President Cavener? Cavener: Council Member Strader. Strader: I move that we continue Item 22 to February 4th. Taylor: Second. Cavener: It's been moved and seconded. Any discussion? All in favor to continuing application 2024-0060 to February 24th say aye. February 4th. The president is aye as well and the motion passes. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Cavener: Any future meeting topics? If not I would entertain a motion for adjournment. Strader: I move that we adjourn the meeting. Taylor: Second. Cavener: Moved and seconded. All in favor say aye. I'm aye as well. And we are adjourned. Thank you, Council. Have a good evening. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8.01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-4-2025 ATTEST: CHRIS JOHNSON - CITY CLERK 2-4-2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0004) ADA COUNTY RECORDER Trent Tripple 2025-007988 BOISE IDAHO Pgs=6 NIKOLA OLSON 02/05/2025 04:17 PM CITY OF MERIDIAN, IDAHO NO FEE Protect Name or SubdiNision Name: Bountiful Commons East Commerclal Sanitary Sewer&Water Main Easement Number: 1 Idenhry the W ment by kgwntul mmibh ifthe probed ootiam rMiro titan one m-Kmem or this type See irutnxtions'chccUra for 6d6tJornl inFonrtnllon For Internal Use(illy ESMT-2025-0004 Record Number: SAMARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 4th day of February 20 25 between ism Cos J."r; ("Grantor")and 1he City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. T 0 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 i 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: '101M1rGAT.X t�>VA STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me onl k0_2' (date) by ::ramf h T•e)S h (name of individual), [complete the following ifsigning in a behalf capacity, or strike the following ifsigning in an ind,,i(v�i�d�u�a�l capacity] -en— behalf of (name of en* nee b oi" wilorn ree�«as-executed), in the following representative r apacltT ��y V�� (typ t- -authority such as officer or Itfusteej Notary Stump Below =Aamson' Notary Signature My Commission Expires: e � o¢ oz�f Sanitary Sewer and Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Ro ert . Simi on, ayor p�! -4-2025 � / C.Ni i illIAN'. � SEAL Attest by Chr' Johnson;`"'' Clerk 2-4-2025 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature 3-28-2028 STATE OF IDAHO My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G 111 E E R I N G December 17,2024 Project No,24-039 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of Lot 1,Block 1 of Bountiful Commons East Subdivision(Book 126 of Plats,Pages 20359-20361),situated in the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears S00°55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said Section 25,thence following the westerly line of said Southwest 1/4 of the Northwest 1/4,N00°55'15"E a distance of 1,180.64 feet; Thence leaving said westerly line,S89°04'45"E a distance of 307.03 feet to a found 5/8-inch rebar marking the Northwest corner of Lot 3,of said Block 1 of Bountiful Commons East Subdivision; Thence following the northerly boundary line of said Lot 3,S89°24'37"E a distance of 211.48 feet a found 5/8-inch rebar marking the Southwest corner of said Lot 1; Thence leaving said northerly boundary line and following the southerly boundary line of said Lot 1,S89°24'37"E a distance of 22.39 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.2023-007753 and being the POINT OF BEGINNING. Thence leaving said southerly boundary line and following said existing easement the following two(2)courses: 1. N00°19'52"E a distance of 15.74feet; 2. N89°2437"W a distance of 14.32 feet; Thence leaving said existing easement,N00°35'23"E a distance of 7.26 feet; Thence S89°24'37"E a distance of 3.00 feet; Thence N00°3523"E a distance of 36.51 feet; Thence S89°24'37"E a distance of 20.00 feet; Thence S00°3523"W a distance of 59.51 feet to said southerly boundary line; Thence following said southerly boundary line,N89°2437"W a distance of 8.61 feet to the POINT OF BEGINNING. Said parcel contains 1,033 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records or surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. �NPL LAND� o -< 16662 �9T OF \�P E�RX 5725 North Discovery Way ® Boise, Idaho 83713 . 208.639.6939 ® kmengllp.com 0 20 40 60 23 24 41- — — — — IN Plan Scale: 1" =20' 26 25 NORTHWEST CORNER SECTION 25 I S89'24'37"E , —20.00' _ I Lot 1, Block 1 Bountiful Commons Lot 1, Block 1 M I I East Subdivision Bountiful Commons lu I _ N ( Subdivision I NI I�? �I ILO QI ( � S89'24'37"E 3.00' z I I N N00'35'23"E 7.26' Io N89'24'37"W 14.32':!� i I I X Zz � N00'19'52"E 15.74'--= � � I Q) N S89'04'45"E $89'24'37"E O S89'24'37"E o I V 307.03 (TIE) 211,48'Lo 22,39' o L/) `0I BEG N OF N89'24'37'W 8.61' Z o m N � , N I SEWER AND WATER EASEMENT o I PER INST, No, 2023-007753 Lot 3 Block 1, Lot 2 3 Bountiful Commons East Subdivision N W POINT OF COMMENCEMENT o WEST 1/4 CORNER LEGEND 26 SECTION 25 I)oL LANDS ® FOUND ALUMINUM CAP 3 25 ��� \GENSE� �.p (0 FOUND 5/8" REBAR Q CALCULATED POINT 3 0 0. 6662 — — — — SECTION LINE BOUNDARY LINE 0 9 OF \4P ———————— EASEMENT LINE �F44 y KE�`� _ EXISTING EASEMENT PER m INST. No. 2023-007753 E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAH083713 PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Sewer and Water Easement DATE: December,2024 PROJECT: 24.039 M SHEET: A Portion of Lot 1, Block 1 of Bountiful Commons East Subdivision, situated a OF 1 in the SW 1/4 of the NW 1/4, Sec. 25,T.4N., R.1W., B.M., City of Meridian,Ada County, ID n i 20.00 s89°24'37"e i a . 3 N " cO 0 ul tl rl N � � o 0 0 F n89°24'37"w 14.32 a cV <t vi r g, 0 0 F n89°24'37"w 8.61 Title: Date: 12-17-2024 Scale: 1 inch= 10 feet File: Tract 1: 0.024 Acres: 1033 Sq Feet:Closure=n81,5133e 0.00 Feet: Precision=1/156158: Perimeter=165 Feet 001=n00.1952e 15.74 004=s89.2437e 3,00 007=s00.3523w 59.51 002=n89.2437w 14.32 005=n00.3523e 36.51 008=n89.2437w 8.61 003=00.3523e 7.26 006=s89.2437e 20,00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025-0005) Project Name or Subdivision Name: Bountiful Commons East Commercial Sanitary Sewer 8c Water Main Easement Number; 2 ddmiifg mis Emscmem by scqueeatial number if the project contains mare than one Uemem of Ns type,See ins ctiomkbecklist fur addixinnel information. For Internal Use Only ADA COUNTY RECORDER Trent Tripple 2025-007632 Record Number: ESMT-2025-0005_ BOISE IDAHO Pgs=6 VICTORIA BAILEY 02/05/2025 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE 4 TAR'TARY SEWER AND WATER MAIN EAEMENT THIS Easement Agreement made this 4th day of February p 25 between r t- ("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 WTMREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXUBITS 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 tunes. T 0 HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever, IT IS EXPRESSLY UNDER-STOOD AND AGREED, by and between the parties hereto,that after making repairs or perforining 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 Seger and Water Main Easement Pagel 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: T1CP Eftf-&_rpr(r5ej'1LLC STATE OF IDAHO } ) ss County of Ada ) This record _ was acknowledged before me on `d 'Low (date) by -T eri 5 _ (name of individual), [complete the following rfsigning in a representati e capacit}; or strike the following i/signing in an individual capacity] on behalf of IV—? L-Li_ (name of entit on behalf o�whom record was executed), in the followin representative capacity: r ei t (type of authority such as officer or trustee) Notary Stamp Below BREEANN RODRIGUEZ COMM.#20225668 Notary Signature NOTARY PUBLIC STATE OF IDAHO My Commission Expires:}] MY COMM.EXP.12/07/2028 Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Si ,Mayor 2-4-2025 Attest by C is Johgnt Clerk 2-4-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC Notary Signature 3-28-2028 STATE OF IDAHO 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 December 17,2024 Project No.24-039 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of Lot 2,Block 1 of Bountiful Commons East Subdivision(Book 126 of Plats,Pages 20359-20361),situated in the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears S00°55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said Section 25,thence following the westerly line of said Southwest 1/4 of the Northwest 1/4,N00.55'15"E a distance of 1,180.64 feet; Thence leaving said westerly line,S89.04'45"E a distance of 307.03 feet to a found 5/8-inch rebar marking the Northwest comer of Lot 3,of said Block 1 of Bountiful Commons East Subdivision; Thence following the northerly boundary line of said Lot 3,S89.2437"E a distance of 211.48 feet to a found 5/8-inch rebar marking the Northwest comer of said Lot 2; Thence leaving said northerly boundary line and following the northerly boundary line of said Lot 2,S89.24'37"E a distance of 22.39 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.2023-007753 and being the POINT OF BEGINNING. Thence following said northerly boundary line,S89.2437"E a distance of 8.61feet; Thence leaving said northerly boundary line,500'35'23"W a distance of 4.26 feet; Thence N89.2437"W a distance of 1.50 feet; Thence S00°3523"W a distance of 21.03 feet; Thence N89.24'37"W a distance of 20.00 feet, Thence N00.35'23"E a distance of 10.23 feet to said existing easement; Thence following said existing easement the following two(2)courses: 1. N87.03'57"E a distance of 12.98 feet, 2. N00.1952"E a distance of 14.26 feet to the POINT OF BEGINNING. Said parcel contains 323 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records or surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \ot�At LAND S \\LENSED G�'G 0 ar 6662 �9r i)F \OPT 5725 North Discovery Way • Boise,Idaho 93713 • 208.639.6939• kmengilp.com LEGEND pt LAND `CENSE1 SG� ® FOUND ALUMINUM CAP If N 23 24 _ — — o� ® FOUND 5/8" REBAR 26 25 a 662 z CALCULATED POINT NORTHWEST CORNER — — — SECTION UNE SECTION 25 `n� �� — — BOUNDARY UNE OF � ________ EASEMENT UNE Y KE EXISTING EASEMENT PER INST. No. 2023-007753 I I I C3 I Lot 1, Block 1 I Bountiful Commons Subdivision Lot 1 Ir I I a`to I POINT OF� X BEGINNING S89'24'37"E 8.61' 8 A S89'04'45"E o S89-24-37"E O S89'24'37"E o _ 307.03' {TIE) 211.48' 22.39' ..Ao _S00'35'23"W o .J cn I N00'19'52"E 14.26'—►• 4.26' a z m o N8703'57"E ( 12.98' ' N89'24'37"W N � � � 1.50' —[ S00'35'23W ,r I NOO'35'23"E�� 21.03' o z (� 10.23' �_ R `N89'24'37"W 20.00' SEWER AND WATER EASEMENT 3 PER INST. No. 2023-007753 O N Lot 2, Block 1 POINT OF COMMENCEMENT Lot 3 Bountiful Commons WEST 1/4 CORNER East Subdivision 0 26 SECTION 25 W 25 W 3 N Z 6 0 0 20 40 60 0 m AN Plan Scale: 1"=20' 0 h E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY z BOISE,IDAHO 83713 PHONE(208)639-6i939 Exhibit B Im,engllp.com City of Meridian Sewer and Water Easement z DATE: December,2024 uPROJECT: 24-039 SHEET: A Portion of Lot 2, Block 1 of Bountiful Commons East Subdivision,situated N 1 OF 1 in the SW 1/4 of the NW 1/4,Sec. 25,T.4N., R.1W., B.M.,City of Meridian,Ada County, ID 8.61 s89124'37"e 3 M N in el N V 7 C. 3 N N � � O C 3 12.98 tq c n87°03'57"e ' c N 0 0 F Fn M N N y O N1 O G n89°24'37"w 20.00 Title: Date: 12-17-2024 Scale: 1 inch=5 feet File: Tract 1: 0.007 Acres: 323 Sq Feet:Closure=n24.3200w 0.00 Feet: Precision=1/36034: Perimeter= 93 Feet 001=s89.2437e 8.61 004=s00.3523w 21.03 007=n87.0357e 12.98 002=s00.3523w 4.26 005=n89.2437w 20.00 008=n00.1952e 14.26 003=n89.2437w 1.50 006=n00.3523e 10.23 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bountiful Commons East Commercial Sanitary Sewer and Water Main Easement No. 3 (ESMT-2025-0006) ADA COUNTY RECORDER Trent Tripple 2025-007633 ject Name or Subdivision Name; BOISE IDAHO Pgs=6 CHE FOWLER 02/05/2025 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Bountiful Commons East Commericial Ste! ,Sewer&Water Main Eu=mcnt Number; ldewifythis Emmem by%"uwtW ratniberif t&pralecr ooWin or time type, s%ntecaitarxu iI 9tEk.Strttl°amps.ttt For Internal LJs".Only ESMT-2025-0006 Record Number: `THS Easement,a trt this. 4th da f February 10. 25 betwe y en ("Grantor")and,die City fkl ri mux&ipal rporation, t"G tee" ; WHEREAS, the grantor desires to provide asartitary sewer and in right right-of. wity across the premises mid property hereinafter particularly bounded an described; WHEREAS, the, saInitary sewer and water is .to t�e Pro" throe underground pipelines to he oonstructed by others;and ,it%till be necessary to maintain d service,said pipelines from time to time y the tee; NOW, THEREFORE, in consideration of the h a this to be xeceived by - tor, rid other good and valuable consideration, the Grantor does hereby give,graaand convey to the Grantee the right-of-way for e* e rie nt for the operation.tion and mamtenance of sanitaxy sewer and water mains over and across the folkywing,described property:. (SEE ATTACHED EX IT The easement hereby granted is for the purpose of e onstruttimi. d operation sewer and water inains and their allied facilities,togeth with their maintenance. replacement at dne convenience of the Grantee,withthe free right of access to such::facifitiesat' y and all T 0 HAVE AND T O HOLD, the said easement and right-of-way wito the smid Grantee, its successors and assigns forever. IT IS EXPRFESSLY UNDERSTOOD AND.AGREED,by.and beuxeen the parties hereto hat afla making repairs or perfonning otberaiaintenano4, Grantee shall�m. tore. f the merit d adjacent property to that i�t in - .� d maintenance. How , Grantee shall not be it, ibis fir re * ° l yeplacirigst ri "thing plawd within theareadescribed in this casentent.dW was plappd diet diere in Niolat.ionl'.thi Sanitary Sever and Water Main Misement , page 1 V rslcrrt 1 10 1/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the casement area that would interfere with Grantee's use of said casement, 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 he 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 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: —I—Mfe. STATE OPipAdW 114 SS County of-A& This record was acknowledged before me on 1 (date) by 6.444�'_ _(-7voscr (name of individual), [complete thef6ilowing ifsigning in a representative capacity, or strike thefollowing ifs fining in an individual capacity] on behalf of Tim,CA, r,mlzcshi W ( (name of entity on behalf of whom record was executed), in_the following representative capacity: ML, t— —(type of authority such as officer or trustee) Nouir. Stamp Below E* ANDREW MORAN RY PUB A E F AH STATE 0 UT S-,rA TE OF UTAH NOTAKY PUBUC No. 73478 4 COMMISSION NO. 734789 COM M XP I _ 8_90 Notary Signature 2 2 _ 27 -7 E . 12-28-2027 COMM. EXP My Commission Expires: 0—/ Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Sim on or 2-4-2025 V463rrecn u:;nor,'4n SEAL Attest by Ofiris Johnson, City Merle 2-4-2025 STATE OF IDAHO, ) ss. County of .Ada ) This record was acknowledged before m 2-4-2025 on ® A®(date) by Robert. E. Simison. and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. N,otar, Stamp Below CHARLENE WAY COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Votary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement. Page 3 version 0 1/011/2024 kiln, ews / wsan / ws December 17,2024 Project No.24-O39 City of Meridian Sewer and Water Easement Legal Description Exhibit A parcel of land fora City of Meridian Sewer and Water Easement over portion of Lot 3'Block I of Bountiful Commons East Subdivision(Book 126 of Plats, Pages 20359-20361),situated in the Southwest 1/4 of the Northwest 1/4 of Section 25,Township 4 North,Range I West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described asfollows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 25,which bears SOO'55'15"W a distance of 2,657.84 feet from a found aluminum cap marking the Northwest corner of said Section 25,thence following the westerly line of said Southwest 1/4nf the Northwest 1/4, NQO,55'15"Ea distance of1,18O.O4feet; Thence leaving said westerly line,S89'04'45"E a distance of 307.03 feet to a found 5/8-inch rebar marking the Northwest corner nf said Lot 3; Thence following the northerly boundary line of said Lot 3,SO9~24'37"Ea distance ofl4.66feet; Thence leaving said northerly boundary line,SOO'35'23"W a distance of 37.15 feet to the POINT OF BEGINNING. Thence 5OO^OO~O0~Ea distance of20.0Ufeet; Thence N90*00'00"W a distance of 11.54 feet to an existing City of Meridian Sewer and Water Easement per Instrument No.]OI8'U98357; Thence following said existing easement the following three(3)courses: 1. NOO°OD00"Ea distance of1435feet; 2. 58g^4O'0O^Ea distance nf8.S3feet; 3. N00^19'52"Ea distance of5.7Ufeet; Thence leaving said existing easement,N90'00'00"E a distance of 2.98 feet to the POINT OF BEGINNING. Said parcel contains 182 square feet,more or less,and is subject toall existing easements and/or hghts'of+wayof record mrimplied. All subdivisions,deeds,records or surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto b Exhibit 8 and by this reference is made a part hereof. 666 5725 North Discovery Way , Boise, |dahnos7aa ° 208.639.6e39 ° kmeng||p.com 23 24 *NL LAND S LEGEND GEMS FOUND ALUMINUM CAP 26 25 o FOUND 5/8" REBAR ln� NORTHWEST CORNER n 6 ;13 CALCULATED POINT SECTION 25 62 0 SECTION LINE BOUNDARY LINE OF ———————— EASEMENT LINE Y K \A EXISTING EASEMENT PER INST. No. 2018-098357 0 20 40 60 cv N Plan Scale: 1" = 20' Lot 2, Block 1 Lot 1, Block 1 Bountiful Commons Bountiful Commons Subdivision Subdivision Cq Ln Qj En 37"E S89'24' 34.66' 307-03' (TIE) F _ _ _ 0 -0 zLo < CITY OF MERIDIAN cn 001 SEWER AND WATER n EASEMENT PER F- Lot 3, Block 1 LO INST. No. 2018-098357 Bountiful Commons 0 17 0 0 r� East Subdivision CID Lot 3, Block 1 Bountiful Commons N90*00'00"E 2.9 81 POINT OF I Subdivision I BEGINNING '52"E 5,70'NOO'19 S89'40'C)8"F 8.53' 26 500'00'00"E 20,00' IN00 00 00"E 14.35'—/1 25� POINT OF COMMENCEMENT WEST 1/4 CORNER SECTION 25 N90*00'00"W 11.54' 0 rn t C? ' km F E N G I N E E R I N G F0 5725 NORTH DISCOVERY WAY i BOISE,IDAHO 93713 X PHONE(208)639-6939 Exhibit B kmenglip.cDm City of Meridian Sewer and Water Easement DATE: December,2024 PROJECT: 24-039 U SHEET: A Portion of Lot 3, Block 1 of Bountiful Commons East Subdivision, situated C? 1 OF 1 in the SW 1/4 of the NW 1/4, Sec. 25,T.4N., R.1W,, B.M., City of Meridian, Ada County, ID ?.98 o9U`UF�'(�lI N Fq o � n � O O 8.53 s89°40'08"e U C7 O O O C? 4 (` O Q VJ G` d V� O M O � O O n9Q,00,00"w 11.54 Title: ]Date: 12-17-2024 Scale: 1 inch= 5 feet File: Tract 1: 0.004 Acres: 182 Sq Feet:Closure=s77.4129w 0.00 Feet: Precision=1122037: Perimeter, 63 Feet 001—s00.0000e 20.00 004=s89.4008e 8.53 002—n90.0000w 11.54 005=n00.1952e 5.70 003—n00.0000e 14.35 006=n90.0000e 2.98 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: cascade Apartments Water Main Easement No. 1 (ESMT-2025-0002) ADA COUNTY RECORDER Trent Tripple 2025-007634 BOISE IDAHO Pgs=7 CHE FOWLER 02/05/2025 08:05 AM Project Name or Subdivision Name CITY OF MERIDIAN, IDAHO NO FEE -. Water Main Extension - Meridian Park Apartment Loop Water in 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 LESMT-2025-0002 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 4th day of February 20 25 between SP CASCADE LLC,an Idaho liMiLted-liabili company("Grantor),and the City of Meridian,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 the Grantee; 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 ("Easement Area"): (SEE ATTACHED EXHIBITS A and 13) The right-of-way and 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. Additionally, subject to the limitations herein, Grantor hereby gants Grantee an irrevocable license for the temporaKy use of that portion of Grantor's adjacent proe M identified on Exhibit B as the "License Area" for access to install, construct, operate alter maintain,replace, improve and repair water mains and allied facilities in the Easement Area; iirovided, however,only to the extent that Dortions of the License Area are then available for such teMporqU use. Grantee acknowledges that HVAC equipment, electrical equipment, landscaDin2 and other imorovements that would not be permitted in the Easement Area are now located in the License Area,and Grantee agLees that Grantor shall have the right to remove,re lace relocate or ex and such improvements in the License Area from time to time without Grantee's Vproval or consent Grantee ag,Lees that the area of such improvements, as they exist when Grantee then uses the License Area will trot be available for use unless Grantor consents to the teary: ors removal and restoration of such by Grantee,which approval will not be unreasombly withheld, WATER MAIN EASEMENT Page 1 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 Easement Area,License Area and any 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 Easement Area 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 the 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 Easement Area, and that Grantor has a good and lawful right to convey the right- of-way and easement, and that except for matters that this right-of-way and easement subject to Grantor will warrant and defend the right-of-way and easement against the lawful claims of all persons claiming by or through Grantor,but none other. The right-of-way and easement is subject to all matters of record or appearing on the land. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives, purchasers, or transferees of any kind. [end of text; counterpart signature pages follow] WATER MAIN EASEMENT Page 2 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SP CASCADE LLC, an Idaho limited liability company By: Schlosser Properties Co.,Inc., a California corporation, its Manage By: Martha Elena Carlson,Vice President STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on-�aryu +r 2oZ (date) by Martha Elena Carlson as Vice President of Schlosser Properties Co.1 Inc., acting in its capacity as Manager of SP Cascade LLC. f MLW C "$ Si store of Notary Public �0TARPr M Commission Expires: O 5 3 I 2015'O rC/BLi� +�' 9#1160011*} WATER MAIN EASEMENT Page 3 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTEE: CITY OF MERIDIAN Robert E. Si iso Mayor 2-4-2025 j � SEAL Attest by diris Johnson, City Clerk 2-4-2025 STATE OF IDAHO ) : ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 CHARLENE WAY Cha&ycWM COMMISSION No. 67390 NOTARY PUBLIC Signature of Notary Pub c STATE OF IDAHO My Commission Expires: 3-28-2028 WATER MAIN EASEMENT Page 4 EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT AREA EXHIBIT A WATER MAIN EASEMENT FOR THE CITY OF MERIDIAN,IDAHO An easement located in the NE 1/4 of the NE 1/4 of Section 13,Township 3 North,Range 1 West, Boise Meridian, and being a part of PARCEL B as described in Warranty Deed Instrument No. 111058236, in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the NE 1/4, from which an aluminum cap monument marking the northeasterly corner of said Section 13 bears N 0"49'01" E a distance of 1327.08 feet; Thence N 0'49'01"E along the easterly boundary of said NE 1/4 of the NE 1/4 a distance of 35.73 feet to a point on the extension of the southerly boundary of PARCEL A as described in said Warranty Deed Instrument No. 111058236; Thence leaving said easterly boundary N 88'51'59" W along said extension and along the southerly boundary of said PARCEL A a distance of 388.02 feet to a point marking the southwest corner of said PARCEL A; Thence N 0'49'01" E along the westerly boundary of said PARCEL A a distance of 120.00 feet to a point marking the northwest corner of said PARCEL A,said point being the southwest corner of said PARCEL B and the POINT OF BEGINNING; Thence continuing N 0'49'01"E alongthe westerly boundary of said PARCEL B a distance of 20.00 feet to a point; Thence leaving said westerly boundary S 88`51'59" E a distance of 5.33 feet to a point; Thence S 1"08'01"W a distance of 5.00 feet to a point; Thence S 88'51'59" E a distance of 54.00 feet to a point; Thence N 0°52'31" E a distance of 5.00 feet to a point; Thence S 88°51'59" E a distance of 113.15 feet to a point; Page 1 of 2 WATER MAIN EASEMENT Page 5 Thence S 1'08'01"W a distance of 20.00 feet to a point on the southerly boundary of said PARCEL B; Thence N 88'51'59" W along said southerly boundary a distance of 172.34 feet to the POINT OF BEGINNING. This parcel contains 3,178 square feet (0.073 acres) and is subject to any other easements, existing or in use. Prepared by: Kyle A. Koomler, PLS \rE s� Civil Survey Consultants, Incorporated October 24, 2024 18780 OF 'D A. KOd Page 2 of 2 WATER MAIN EASEMENT Page 6 EXHIBIT B GRAPHIC DEPICTION OF THE EASEMENT AREA AND THE LICENSE AREA EXHIBIT B SKETCH TO ACCOMPANY DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE NE 114 OF THE NE 114 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO P/L P/L P/L _ 12lk7 13 16 PL S IJ954 J a PARCEI 9 d WARRANTY DEED INST.NO. 11105,5236 O SCALE- 1'"=30' LICENSE AREA Q S'wide x 54'long L-2 a 4 S 885159 E 113 15' o 8851E 50 ro o N WAT S ER MAIN EASEMENT n POINT OF P/L N 88'S139"' W 172.34'P/L ml m BEGINNING _ W EASEMENT ulth ...LA I; s5 0 4 18780 a = PARCEL A N 7" I7 F WARRANTY DEED �46 KO IN.S7 N0. 111058236 W CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD ° MERIDIAN, IDAHO 83642 p (208)888-4312 Z RECORD OF SURVEY LINE DATA NO. 3491 J a LINE BEARING DISTANCE a N S8 81 50f11 5091 Y 3.0�..0 C3J0 .$159 E 5.2 31N 052 "E S. D? ' 5 1'0801"W I 70Lf1 PAL 358:02' J L P/L i,ts N 88'51 " W 388.02' NV16 3.434 WATER MAIN EASEMENT Page 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Cole Valley Christian Schools Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025-0003) ADA COUNTY RECORDER Trent Tripple 2025-007635 BOISE IDAHO Pgs=7 CHE FOWLER 02/05/2025 08:05 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Cole Valley Christian Schools Sanitary Sewer&Water Main Easement Number: 1 ESMT-2025-0003 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 4th day of February 20_25 between Cole Valley Christian Schools, Inc ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 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: Cole Valley Christian Schools,Inc STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on _� '� 2C- (date) by _ 41_ !{- (name of individual), [complete thefol owing ifsigning in a represent, eve capacity, or ,strike the following ifsigning in an individual capacity) on behalf of AfV5M5tl %(name of entity on behalf f whom record was executed), in the foll }ing representative capacity: (type of authority such as officer or trustee) Notary Stamp Below TABiTHA BROOK EPLER Notary Public-State of Idj Commission Number 20213 Notary Signature My Commission Expires Jul 7, My Commission Expires:_ Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert . Simi on,Mayor SF,AL Attest by is Joh '" `` ity Clerk STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 CHARLENE WAY Na&iioL)U COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO I My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 ���� LEGAL DESCRIPTION E4A' i��.- T H E .r Page 1 OF 3 LAND GROUP January 10, 2025 Project No.: 121048 EXHIBIT"A" COLE VALLEY CHRISTIAN SCHOOL CITY OF MERIDIAN SEWER &WATER EASEMENT DESCRIPTIONS Water Easement No. 1 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00" West, a distance of 1321.44 feet on the South line of said Section 29 to the East 1/16th Corner common to Sections 29 and 32 of said Township 4 North, Range 1 West; Thence North 00°56'00" East, a distance of 656.47 feet on the north-south 1/16th section line of said Southeast Quarter to the POINT OF BEGINNING; Thence North 89°08' 52" West, a distance of 492.52 feet; Thence North 89°08' 51" West, a distance of 759.69 feet; Thence North 00° 51' 07" East, a distance of 20.00 feet; Thence South 89°08' 51" East, a distance of 385.18 feet; Thence North 00° 51' 09" East, a distance of 54.21 feet; Thence South 89°08' 51" East, a distance of 24.50 feet; Thence South 00°51'09" West, a distance of 54.21 feet; Thence South 89°08' 51" East, a distance of 28.62 feet; Thence North 00' 51' 09" East, a distance of 33.91 feet; Thence South 89°08' 51" East, a distance of 20.00 feet; Thence South 00°51'09" West, a distance of 33.91 feet; Thence South 89°08' 51" East, a distance of 267.89 feet; Thence North 00' 51' 09" East, a distance of 132.40 feet; Thence South 89°08' 51" East, a distance of 20.00 feet; Thence South 00°51'09" West, a distance of 132.40 feet; Thence South 89°08' 52" East, a distance of 13.50 feet; Thence South 89°08' 52" East, a distance of 100.95 feet; Thence North 00' 51' 09" East, a distance of 36.08 feet; Thence South 89°08' 51" East, a distance of 20.00 feet; Thence South 00°51'09" West, a distance of 36.08 feet; Thence South 89°08' 52" East, a distance of 371.59 feet to a point on said north-south 1/16th section line; Thence South 00°56'00" West, a distance of 20.00 feet on said north-south 1/16th section line to the POINT OF BEGINNING. TOGETHER WITH: 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.corn January 10, 2025 Page 2 Water Easement No. 2 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00"West, a distance of 2642.71 feet on the South line of said Section 29 to the South Quarter Corner of said Section 29; Thence North 00°51'06" East, a distance of 852.13 feet on the north-south mid-section line of said Section 29; Thence South 89°08'54" East, a distance of 70.00 feet to the POINT OF BEGINNING; Thence North 00° 51' 07" East, a distance of 20.00 feet; Thence South 89°08' 53" East, a distance of 126.40 feet; Thence South 00°51'07" West, a distance of 20.00 feet; Thence North 89'08' 53" West, a distance of 126.40 feet to the POINT OF BEGINNING. TOGETHER WITH: Sewer and Water Easement No. 3 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00"West, a distance of 1321.44 feet on the South line of said Section 29 to the East 1/16th Corner common to Sections 29 and 32; Thence North 00°56'00" East, a distance of 1419.81 feet on the north-south 1/16th section line of said Southeast Quarter,to the POINT OF BEGINNING; Thence North 89° 13' 56" West, a distance of 282.50 feet; Thence South 58° 18' 51" West, a distance of 129.27 feet; Thence South 00°51'09" West, a distance of 153.71 feet; Thence South 44°08' 51" East, a distance of 17.88 feet; Thence South 45°51'09" West, a distance of 20.00 feet; Thence North 44'08' 51" West, a distance of 26.16 feet; Thence North 00' 51' 09" East, a distance of 9.17 feet; Thence North 89'08' 51" West, a distance of 70.90 feet; Thence South 00°51'09" West, a distance of 12.00 feet; Thence North 89'08' 51" West, a distance of 314.22 feet; Thence South 00°51'09" West, a distance of 14.35 feet; Thence North 89'08' 51" West, a distance of 20.00 feet; Thence North 00' 51' 09" East, a distance of 14.35 feet; Thence North 89'08' 51" West, a distance of 292.02 feet; Thence South 00°51'09" West, a distance of 142.84 feet; Thence North 89'08' 51" West, a distance of 20.00 feet; Thence North 00' 51' 09" East, a distance of 142.84 feet; AF Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com January 10, 2025 Page 3 Thence North 89'08' 51" West, a distance of 124.68 feet; Thence North 00' 51' 07" East, a distance of 32.00 feet; Thence South 89°08' 51" East, a distance of 117.01 feet; Thence North 00' 51' 09" East, a distance of 34.18 feet; Thence South 89'08' 51" East, a distance of 20.00 feet; Thence South 00'51'09" West, a distance of 34.18 feet; Thence South 89'08' 51" East, a distance of 58.97 feet; Thence North 00° 51' 09" East, a distance of 34.06 feet; Thence South 89°08' 51" East, a distance of 20.00 feet; Thence South 00°51'09" West, a distance of 34.06 feet; Thence South 89°08' 51" East, a distance of 492.22 feet; Thence North 00°49' 27" East, a distance of 23.33 feet; Thence South 89° 10' 33" East, a distance of 20.00 feet; Thence South 00°49' 27" West, a distance of 23.34 feet; Thence South 89'08' 51" East, a distance of 64.59 feet; Thence North 00' 51' 09" East, a distance of 6.54 feet; Thence South 89'08' 51" East, a distance of 20.00 feet; Thence South 00'51'09" West, a distance of 6.54 feet; Thence South 89°08' 51" East, a distance of 29.02 feet; Thence North 00' 51' 09" East, a distance of 143.78 feet; Thence North 58' 18' 51" East, a distance of 52.40 feet; Thence North 31'45' 39" West, a distance of 19.11 feet; Thence North 58' 14' 21" East, a distance of 20.00 feet; Thence South 31°45' 39" East, a distance of 19.13 feet; Thence North 58° 18' 51" East, a distance of 73.65 feet; Thence South 89° 13' 56" East, a distance of 129.62 feet; Thence North 00°46' 04" East, a distance of 111.56 feet; Thence South 89° 13' 56" East, a distance of 20.00 feet; Thence South 00°46'04" West, a distance of 90.52 feet; Thence South 89° 13' 56" East, a distance of 30.04 feet; Thence South 00°46'04" West, a distance of 21.04 feet; Thence South 89° 13' 56" East, a distance of 108.72 feet to a point on said north-south 1/16th section line; Thence South 00°56'00" West, a distance of 20.00 feet on said north-south 1/16th section line to the POINT OF BEGINNING. PREPARED BY: p�L LAIV / The Land Group, Inc. W � a. 7880 1-10-2025 James R. Washburn, PLS sR.WA Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com M s = � 852.ta q -- 51'uz.99z6aazr -_ - _ EXISTING ,o Y — ——— —— e. 1a15.09• N. 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T 0 HAVE AND T the said easement and right-of-way unto tine said Grantee, its successors and assigns forever, ITEXPRESSLY -UNDERSTOOD AND AGREED, by and betweewthe parties hereto„ ftt- after making repairs r perfornung other maintenancc, t l rest the easernent wid adjacent 'propetly to that existent prior to undertaking clr repair and maintenance. l4m� r, Grantee shall' not be responsible :for . prim g replacing or restoring air ing placed within the area Jescribed in this easement that was pl therein violation ofthis Sanitary Sewer and Water Main Easement page I Version 01101120 4 i 3 I 3 I THE GRANTOR covegots acid agrees that Grantor :shall-not -placb or allow to be, placed any permanent ssetwofotures. 6r obstructions -within. the easement -area that would interfere with Granted's.�u . 'saidd easement; including,.but not.1imi'ted:to,'buildings, trash j encIosttres,narparist sheds,fences,trees,or deep-xooted shrubs. THE GRANTOR covenanfs::abd agrees with.the G'ranteb that should any pat=t of the fight of- 'Way and sasoment hereby granted shall become part of, qr lie-within` the boundaries of any putilie W0; thou, to- •such extent .such'.right-tof way and m0 ient•hereby granted'which lies whh1h such.:bo..undaiy. thereof.or *Web is a perm therttigf;. shall •cease and .Gecbme mill and void 6 d.of .6 fi adr effect.and"shall be completely_reliriq>iislaed, THE GRANTOR does h6zeby•.eovenatit with the Grantee fUt Grantbr-fs lawfully seized and.possessed of the a forementtoned and described :tract cf laud,•and that 'Grantor-has a good and lawful right to convey-safd easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against .Mid :lawful claims of all persons whomsoever. THE C(?VENMTS• OP OR.ANT6k made hetoln .sha11 be binding upon Grantor's successors,assigns,heirs,personal representatives,purchasers,or transferees,ofany kid. IN WITNESS WHEREOF,th6 said parties bfthe first part have hereunto subscxibed their signatures the day-and year first herein above written, GRANTOR: PACIFIC, NIC,I)EIRM. . QTT VILLAGE APARTMEENTS,I,LC.', as Idabo'Muited liability company E 7y: TPC PPR holdings Il,l il.C;aii Idaho limiied liability .company,its ivana,$er gy::TPC Iv?;R Flaldiugs l;I,•L�:G,an Tdalto liiiutea 1lab11ity STATE 6P Jbla.UQ coutpaay,its auagor ss By;PaciGC Wist Copuilua`ities,Inc.,an Idaho County ofAAda ) corporation,'its lu ' tr 13y: • tya rli:Rodpe;Preslderit„aud CEO This reobrd wag acknowledged'b6fore•me oti till. 26 '(daw)by Caleb Roblie,President,and CEO pf Paolfic'West Communities, aii Idaho cotliraration;.ttte Manager:of TFC IVIR IQXdittgs l I, .LLC,an Idaho 11mited.liability ob.nipany,the Manager of TP+C P"k*,4cildings II,LLC;an Idaho limited liability Company;tho Manager ofPac l6MOI?r ott Village Apartmeints,�;L,C,an Idaho 11 i.lted liability company,the per;son.who.exoizuted tbOnattument or(bi;hal .afPa4id Kclaermott Village Apaitrrietitu,-.. LC hnd acknowledged tri me ibat:said limited liability company executed fha same'. F. CW01i80Ntpse99 hClAW 'tBLY) Mla ahr-Dwi o sl�o2� slyly Cemtxiisslon Sanitt<tySew.erandPater Maio Easement Page2 V&Aton•01101/202 GRANTEE: Cr1-Y OF MERH)lAN Robert E. Sirrl,�qq—or 2-4-2025 IDIAN Attest by Ckris.Johnsta�,;City Clerk 2-4-2025 STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on 2-4-2025 (date) by Robert E. Sirmson and Chris Johnson on behalf of the City of Meridian., in their capacities as Mayor and City Clerk., respectively. CHARLENE WAY D—&&-VM COMMISSION No. 67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0112024 i DA H O 9939 W Emerald St Boise, ID 83704 'tt SURVEY GROUP EXHIBIT A Phone: (208) 846-8570 McDermott Village Subdivision No. 1 City of Meridian Sewer&Water Easement Boundary Description Project Number 23-317 January 9, 2025 An easement situated in the southeast quarter of the southeast quarter of Section 32, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southwest corner of the southeast quarter of the southeast quarter Section 32,Township 4 North, Range 1 West, Boise Meridian (east sixteenth-section corner); Thence N00033'07"E, 1316.23 feet along the west line of the southeast quarter of the southeast quarter to the southeast sixteenth-section corner; Thence S00033'07"W, 22.07 feet back along the west line of the southeast quarter of the southeast quarter to the POINT OF BEGINNING: Thence S89°47'46"E, 27.36 feet; Thence S47°55'05"E, 28.95 feet; Thence S89°26'57"E, 148.81 feet; Thence S00033'03"W, 42.00 feet; Thence N89026'57"W, 21.28 feet; Thence S00033'03"W, 51.44 feet; Thence S33026'57"E, 39.70 feet; Thence N56033'03"E, 25.62 feet; Thence S33026'57"E, 20.00 feet; Thence S56033'03"W, 25.62 feet; Thence S33°26'57"E, 226.83 feet; Thence S76019'33"E, 121.61 feet; Thence N13°40'27"E, 28.00 feet; Thence S76°19'33"E, 40.49 feet; q Thence S13040'27"W, 38.00 feet; �S O G Thence S76019'33"E,45.00 feet; r CL 11334 CD Page 1 of 4 r� �j qTF O cygFL S , gyp t I DAH O 9939 W Emerald St Boise, ID 83704 SURVEY GROUP Phone: (208) 846-8570 McDermott Village Subdivision No. 1 City of Meridian Sewer& Water Easement continued... Thence S13°40'27"W, 20.00 feet; Thence N76°19'33"W, 45.00 feet; Thence S13°40'27"W, 301.97 feet; Thence S44°26'15"E, 14.90 feet; Thence S45°33'45"W, 20.00 feet; Thence N44°26'15"W, 23.71 feet; Thence N89°26'57"W, 136.42 feet; Thence S00°33'03"W, 12.07 feet; Thence N89026'57"W, 20.00 feet; Thence N00°33'03"E, 12.07 feet; Thence N89°26'57"W, 22.42 feet; Thence S00°33'19"W, 72.48 feet; Thence N89°26'41"W, 20.00 feet; Thence N00'33'19"E, 19.05 feet; Thence N89026'41"W, 11.76 feet; Thence N00033'19"E, 20.00 feet; Thence S89026'41"E, 11.76 feet; Thence N00033'19"E, 33.43 feet; Thence N89026'57"W, 168.51 feet; Thence N00033'03"E, 600.63 feet; Thence N89026'57"W, 12.00 feet; Thence N00'33'03"E, 20.00 feet; Thence S89'26'57"E, 12.00 feet; Thence N00033'03"E, 53.77 feet; Thence S63°34'50"E, 33.34 feet across the easement to the interior; Thence S00°33'03"W, 173.07 feet; rCL- Fo Thence S89026'57"E, 29.25 feet; 1 334 Page 2 of 4 �j q OF cygEL S �y� I DAH O 9939 W Emerald St ` Boise, ID 83704 SURVEY ��F43 GROUP Phone: (208) 846-8570 McDermott Village Subdivision No. 1 City of Meridian Sewer& Water Easement continued... Thence S00'33'03"W, 20.00 feet; Thence N89°26'57"W, 29.25 feet; Thence S00'33'03"W, 233.98 feet; Thence S89°26'57"E, 29.23 feet; Thence S00°33'03"W, 23.98 feet; Thence N89026'57"W, 29.23 feet; Thence S00033'03"W, 166.70 feet; Thence S44026'37"E, 17.16 feet; Thence S89°26'57"E, 226.70 feet; Thence N00°33'12"E, 29.25 feet; Thence S89026'48"E, 20.00 feet; Thence S00033'12"W, 29.25 feet; Thence S89026'57"E, 51.31 feet; Thence N00°33'03"E, 9.86 feet; Thence S89026'57"E, 20.00 feet; Thence S00033'03"W, 9.86 feet; Thence S89°26'57"E, 12.18 feet; Thence N13°40'27"E, 167.28 feet; Thence N76°19'33"W, 19.00 feet; Thence N13040'27"E, 20.00 feet; Thence S76°19'33"E, 19.00 feet; Thence N13040'27"E, 80.27 feet; Thence N76*19'33"W, 22.58 feet; Thence N13*40'27"E, 16.41 feet; Thence N76019'33"W, 121.54 feet; Thence S56°33'03"W, 16.08 feet; E Fo G Thence N33026'57"W, 20.00 feet; ct:- 11 4 s � Page 3 of 4 yq£C S gy I DA H O 9939 W Emerald St Boise, ID 83704 SURVEY Phone: (208) 846-8570 GROUP McDermott Village Subdivision No. 1 City of Meridian Sewer& Water Easement continued... Thence N56°33'03"E, 9.45 feet; Thence N33026'57"W, 183.51 feet; Thence S56033'03"W, 12.00 feet; Thence N33°2657"W, 20.00 feet; Thence N56°33'03"E, 12.00 feet; Thence N33°26'57"W, 91.11 feet; Thence N00°33'03"E, 72.61 feet; Thence N89°26'57"W, 43.81 feet; Thence S00031'49"W, 10.25 feet; Thence N89028'16"W, 20.00 feet; Thence N00031'49"E, 10.25 feet; Thence N89°26'57"W, 12.05 feet; Thence S45°33'03"W, 12.93 feet; Thence N63034'50"W, 33.34 feet back across the easement to the exterior; Thence N47055'06"W, 20.69 feet; Thence N89047'46"W, 16.06 feet; Thence N00033'07"E, 30.00 feet to the POINT OF BEGINNING. The above-described easement contains 1.55 acres, more or less. A � S s � Page 4 of 4 �jc�gT y�f( S 0y 16 SE1/16 _ _ _ _ _ _ S89°19'58"E 1324.63' S1/ S.32 L2 L1 - - - - - - - - -S.32 S.33 I O'\ L4 Legend �I 0---------------0 1 OL4� O DL42 L75 I J Section Corner C I .,�o�L _ ll O Easement Corner -41 4-1 J L77q L76 I QL6 p L3 7—\ I i J i i J Tie Line E L36 �o Section Line o I ^ o \<� LI35 I i 3 �\ ` �9 o ______________ City of Meridian Sewer & Z7 b Water Easement Line Z I � \ 1 I � 0 \ Io L43 �00 \ `�� I --o�.aiL45 )L- L69� Z`\ \\N 0 25 50 100 200 1 W Coordinate System: o i ; \ �\ Ada County I I N L68 0O —�, G1? I 3 \ L67��`�����` N to 1 I h L66 L6s C} G16 m LLJ o L64 �0 O 0 I L63�� O ZD I I L46 m 01 —�^ L61 I Z I "t / I O--O I L48 v� l I I o L59 Q) 1 I 116 I o I P ` / 1 I o OI 1 L I I L52 I I O—O 1 / •!' I 10 L49 I h / L57 1 I O L50�--------- -- I I- L54 050� � 0 L55 L58 1/ �L19 334 d � L34 L33 O —___ L26 ENO ------------- 1 —__ L32� 24 L23 L22 O���LO '9�• 5 '�j OF X 1 L31�o ; cygEl S.gy' I L30 ��� L29 L28 I S.32 E1/16 N89.17,49»W S.32 S.33 S.5 W. Ustick Rd. 1325.58' S.5 S.4 P:\McDermott Village 1 23-317\dwg\Plat\23317 Utility Easement Ezhibit.dwq 1/9/2025 1:44:32 PM IDAHO Exhibit B Job No. 23-317 SURVEY 9939 W.EMERALD ST. McDermott Village Subdivision No. 1 Sheet No. (208)846-8570 BO 704 City of Meridian Sewer & Water Easement 1 of 2 8) -8570 GROUP, LLC Located in the SE1/4 of the SE1/4 of Section 32, Dwg. Date T.4N., RAW., B.M., City of Meridian, Ada County, Idaho. 1/9/2025 Easement Line Table Easement Line Table Easement Line Table Line Bearing Length Line Bearing Length Line Bearing Length L1 S0033'07"W 22.07' L31 N0033'19"E 20.00' L61 S76'1933'E 19.00' L2 S89*4746'E 27.36' L32 S8926'41"E 11.76' L62 N1374027"E 80.27' L3 54755'05"E 28.95' L33 N0033'19 E 33.43' L63 N76'19'33"W 22.58' L4 5892657E 148.81' L34 N892657"W 168.51' L64 N13-40'27"E 16.41' L5 S0033'03"W 42.00' L35 N892657"W 12.00' L65 N76'19'33"W 121.54' L 6 N89 26'57"W 21.28' L 36 N00 33'03"E 20.00' L 66 S56 33'03"W 16.08' L7 S0033'03"W 51.44' L37 S892657"E 12.00' L67 N332657"W 20.00' L8 S332657E 39.70' L38 N0033'03"E 53.77' L68 N5633'03'E 9.45' L9 N5633'03"E 25.62' L39 N4755'05"W 20.69' L69 55633"03"W 12.00' L10 S332657"E 20.00' L40 N89'47'46"W 16.06' L70 N332657"W 20.00' L11 S5633'03"W 25.62' L41 N0033"07"E 30.00' L71 N5633'03"E 12.00' L12 S76'19'33'E 121.61' L42 S6334'50'E 33.34' L72 N332657"W 91.11, L13 N13'40'27"E 28.00' L43 S892657E 29.25' L73 N0033'03E 72.61' L14 S76'19'33'E 40.49' L44 S0033'03"W 20.00' L74 N892657"W 43.81' L 15 S13'40'27"W 38.00' L 45 N89 2657"W 29.25' L 75 S00 31'49"W 10.25' L 16 S7679'33'E 45.00' L45 S89 26'57"E 29.23' L76 N89 28'16"W 20.00' L17 S13'4027"W 20.00' L47 S0033'03"W 23.98' L77 N0031'49'E 10.25' L 18 N76'19'33"W 45.00' L 48 N89 2657"W 29.23' L 78 N89 2657"W 12.05' L 19 S44 26'15E 14.90' L49 S44 26'37"E 17.16' L79 54533'03"W 12.93' L20 S453345"W 20.00' L50 S892657"E 226.70' L21 N4426'15"W 23.71' L51 N0033'12'E 29.25' L22 N892657"W 136.42' L52 S89 26'48"E 20.00' L23 S00 33'03"W 12.07' L53 S0033'12"W 29.25' L24 N892657"W 20.00' L54 58926'57"E 51.31' L25 N0033'03'E 12.07' L55 N0033'03"E 9.86' L26 N89 2657"W 22.42' L56 S89 2657'E 20.00' L27 50033'19"W 72.48' L57 S0033'03"W 9.86' L28 N89 26'41"W 20.00' L58 S89 26'57'E 12.18' Q L29 N00 33'19"E 19.05' L59 N76'19'33"W 19.00' S L30 N89 26'41"W 11.76" rL60 N13'40 27"E 20.00' 0 a 334 N 10 � �1/Cti O qEL S.8 P:\McDermott Village 1 23-317\dwg\Plat\23317 Utility Easement Evhibit.dwg 1/9/2025 1:44:49 PM IDAHO Exhibit B Job No. SURVEY 9OI W EMERALD ST McDermott Village Subdivision No. 1 Sheet 7 BO1114DAHO111111 04 City of Meridian Sewer & Water Easement 2 of 2 (208)846-8570 GROUP, LLC Located in the SE1/4 of the SE1/4 of Section 32, Dwg. Date T.4N., RAW., B.M., City of Meridian, Ada County, Idaho. 1/9/2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Peppermint Dental Water Main Easement No. 1 (ESMT-2025-0010) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2025-007637 Peppermint Dental BOISE IDAHO Pgs=6 CHE FOWLER 02/05/2025 08:05 AM 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-2025-0010 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 4th day of_February 20_25_between Southridge Farm 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-off ivay and vasemen-t hereby granted which lies --dthin such boundary thereafor which is a part thereof shall cease and b c'orne null and void and of no further effect and shall be completely relinqui'slied, THE GRANTOR doe.,� hereby covenant %vith the Grantee that Grantor is la-wfully seized and possessed of the afoTcmentioned and described tract of land, and that Grantor has a good and luuful right to convev said casement. and that Grantor will warrant and forever defend the title and quiet possession thereo faga inst the I awful c 1 ainis of all persons whornsioe ver, THE COVENANTS OF GkANTOR made herein shall be binding upon Grantor's saccessms, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHERFOF, the said par lies of the fliV part have hereunto subscribed their Signatures the day and year first herein above -ATitten. GRANTOR: Soulhrldge Farm LLC By:Timothy W Eck its"Manager STATE OF IDAHO ss County ofikda This record was acknowledged before ruse on by edAiv (name orindividual), [coniplere thefiblJou.'i"g skgning in tz rel7rese-rilative capacity orwrike theJ611ovs-ing J'fslg rain g in an individual capacil)j oil behalf of %pUM,yl 6'QL—fQAW6L 1AZ (name of entity on behalf'of whoin record u-as executed), in the Valle,wing representative Capacity: t4kUVWtv —Oype of authority such as officer or Irtistee) Notary w-tasjp 6r- .1c /7 0 dia'ty ..-,.S%ON 4 -TAR MV Commission Expires, .5 E 01F Water Mair Easemetit Page 2 Version 01,1 1/2024 GRANTEE: CITY OF MERIDIAN R 8be A L-'. Si nisan Mayor 2-4-2025 .Y f�—'K � Attest b} Ch Tahns'` '' y Clerk 2-4-2025 STATF OF IDAHO, ) : ss. County of Ada ) "17his record was acknowledged before nee on _2-4-2025 (date) by Robcrt E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as %-Iayor and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 Notar.-Signature 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 k:m E N G I N E E R I N G December 3, 2024 Project No.24.049 City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 2, Block 1 of Southridge Subdivision Phase 1(Book 104 of Plats,Pages 14056-14063) situated in the Northeast 1/4 of the Northeast 1/4 of Section 23,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northeast comer of said Section 23,which bears S89.19'37"E a distance of 2,661.61 feet from a found aluminum cap marking the North 1/4 corner of said Section 23, thence following the northerly line of said Northeast 1/4 of the Northeast 1/4, N89°19'37"W a distance of 218.77 feet; Thence leaving said northerly line,S00`40'23"W a distance of 222.89 feet to the POINT OF BEGINNING. Thence S89°19'22"E a distance of 6.25 feet to an Existing City of Meridian Sanitary Sewer and Water Main Easement per Instrument No.2015-086404; Thence following said Existing Sewer and Water Main Easement, SOO"40'43"W a distance of 20.00 feet; Thence leaving said Existing Sewer and Water Main Easement, N89.19'17"W a distance of 6.13 feet; Thence NOO°19'53"E a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 124 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated_ Attached hereto is Exhibit B and by this reference is made a part hereof. `lp p,L L A gypOr s L �o QiF �fC HYtA Q/ 202-dt 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengifp.com NORTH 1/4 CORNER POINT OF COMMENCEMENT SECTION 23 W. Overland Road NORTHEAST CORNER 24 BASIS OF BEARING SECTION 2 4 13 23 2442.84' N89'19'37"W 218.77'' 23 24 Ol ur (U vi r,. cs 0 PpRCE. - C 4 "-�' p 140. IS89'19'22'E 6.25' POINT OF BEGINNING r 7 E l NOQ'19'53"E 20,00'--'r s00•40'43"w 20.00' N89'19'17"W 6.13 � l { CITY OF MERIDIAN SANITARY SEWER AND WATER MAIN EASEMENT PER 0 l INST. No. 2015-086404 c x.` N E I T 0 60_ 120 1R(] LEGEND q Plan Scale- 1" = 60" FOUND BRASS CAP FOUND ALUMINUM CAP d CALCULATED POINT BOUNDARY LINE ———— --------EASEMENT LINE . Ikml — — — — — — —— EXISTING EASEMENT LINE E N G I N E E R I N G m_ 5]us NORM DISCOVERY WAY L o = Bow,toAH093123 Exhibit II I.JIt o PHONE 1203)639-6939 ,x' kmllp.wm City of Meridian Water Easement c r fe br.re: oKenbc.s.f� 5 dR[J1ECT: 24-049 • SHEET, A portion of Lot 2, Block 1 of Southridge Subdivision Phase 1, situated in the NE 1/4 1 OF 1 of the NE 1/4 of Section 23, T.3 N., R.1 W., B.M., City of Meridian, Ada County, 10 6..25 s89°19'22"e n89'14'17'w 6.13 Title: Date: 12-0 -2024 Scale: 1 inch— 5 fees Filc: Tract l: 0.003 Acres. 124 Sq Feet:Closure=n80.3030c 0.00 Fcctt Precision=1142868: Pcrimctcr= 52 Fcct 001=s89.1922c 6.25 003=n89.1917w 6.13 002=s00.4043w 20.00 004=n00.1953c 20.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Peppermint Dental Water Main Easement No. 2 (ESMT-2025-0011) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2025-007638 Peppermint Dental BOISE IDAHO Pgs=6 CHE FOWLER 02/05/2025 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number. Identify this Easement by sequential number If the project contdns nwre than one easement of this type.See€nsbuctionWcImi"for additional€rdanration. F'or Internal use only ESMT-2025-0011 Record Number. WATER MAIN EASEMENT THIS.Easement Agreement made this 4th day of February 2Q 25 between WH Leasing,11C ("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 properly 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 properly. (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 I Version 01/01/2024 public street, then, to such extent, such night-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 WHERE-OF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: WH Leasing,LLC-Warren Willis,Member h 1'r,11164 STATE OF IDAHO ) ss County of-A-da This record was acknowledged before me on ///,& (date) by Warren Willis (name of individual), [complete thefollowing 1tsigning in a representative capacity, or strike the,lb1lowing ifsigning in an individual capacity] on behalf of WH Leasing, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: member (type of authority such as officer or trustee) Notary Star-rip'S S B�,iota it a,, T E v-j Z (),VARY ��k W Notary Signature PUB,- 0 f My Commission Expires: 11-7 ov X Barr Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simi n yor 2-4-2025 t CME SFAI. Attest by Chris Johnson,City Clerk 2-4-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 LL A 0 CHARLENE WAYNotary MyomSignature m ssion Expire':- 3-28-2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 km sww / wccn / wg December3,2024 Project No.24'Q49 City of Meridian Water Easement Exhibit A parcel of land for a City of Meridian Water Easement over a portion of Lot 2,Block 1 of Southridge Subdivision Phase l(Book 1D4of Plats,Pages 14056-140S])situated in the Northeast 1/4of the Northeast 1/4 of Section 23,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described asfollows: Commencing at a found brass cap marking the Northeast corner of said Section 23,which bears S89*19'37"E a distance of 2,661.61 feet from a found aluminum cap marking the North 1/4 corner of said Section 23,thence following the northerly line nf said Northeast 1/4of the Northeast 1/4 ND0^19'37°VVa distance of178.S2 feet; Thence leaving said northerly line,SOO'4D23~VVa distance of1O5.08 feet toan Existing City ofMeridian Sanitary Sewer and Water Main Easement per Instrument No.2015-086404 and being the POINT OF BEGINNING. Thence S8g°19'I7°Ea distance of13.34feet; Thence 6OO^4023"VVa distance of24.QOfeet; Thence N89*19'37"W a distance of 13.34 feet to said Existing Sewer and Water Main Easement; Thence following said Existing Sewer and Water Main Easement, NOO"40'43"E a distance of34'OO feet tothe POINT OFBEGINNING. Saidparce|contains320squarefeet,rnooeor|exo,andissubiecttoaUexisting easements and/or ri8hts'nf-way of record orimplied. All subdivisions,deeds,records of surveys,and other instruments nf record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto ix Exhibit 8 and bV this reference|s made a part hereof. az OF S7I5 North Discovery Way, Boise, Idaho 8]713 ° 208'639.6939 ° kmeng|\p.com NORTH 1/4 CORNER POINT OF COMMENCEMENT SECTION 23 W. Overland Road NORTHEAST CORNER 14 BASIS OF BEARING SECTION 214 13 S89'19'37"E 2661.61' _ 23 2483.09' — — — — —N89'19'37"W 178.52' 23 24 M OI OC i a,l 00 �1 In (A O PER c"•J CEO O p g8 PpgCE� C 14OBB p0 No. , R O S. IN POINT OF BEGINNING S89'19'17"E 13.34' I I NOT40'43"E 24.00' i*--SOO*40'23W 24.00' I o I I '�-NI21V 9'37"W 13.34' � I I I CITY OF MERIDIAN SANITARY SEWER I AND WATER MAIN EASEMENT PER I I INST. No. 2015-086404 o I 3 c Q N O T h .•t i I 0 z s z m 0 60 120 180 LEGEND o Plan Scale: 1" =60' � � FOUND BRASS CAP z FOUND ALUMINUM CAP D CALCULATED POINT BOUNDARY LINE aIon ————————EASEMENT LINE 3 —— ———-- — —EXISTING EASEMENT LINE Q E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO 83723 Exhibit B PHONE 1208)639.6939 kmengtip.ccm City of Meridian Water Easement DATE: December,2024 PROJECT: 24-049 SHEET: A portion of Lot 2, Block 1 of Southridge Subdivision Phase 1,situated in the NE 1/4 N 1 OF 1 of the NE 1/4 of Section 23,T.3 N., R.1 W., B.M.,City of Meridian,Ada County, ID a 13.34 s89°19'17"e O � N O C N G O n89"19'37"w 13.34 Title: Date: 12-03-2024 Scale: 1 inch= 5 feet File: Tract 1: 0.007 Acres: 320 Sq Feet:Closure=n60.1527w 0.00 Feet: Precision=1128050: Perimeter= 75 Feet 001=s89.1917e 13.34 003=n89.1937w 13.34 002=s00.4023w 24.00 004—n00.4043e 24.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prariefire Water Main Easement No. 4 (ESMT-2025-0007) Project Name or Subdivision Name: Prr it e, �Subdiv_iajon Water Main Easement Number: 4 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 ADA COUNTY RECORDER Trent Tripple 2025-007639 Record Number: ESMT-2025-0007 BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/05/2025 08:06 AM - CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASE1NMNT THIS Easement Agreement made this 4th day of February 20 25 between ("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 prop (SEE ATTACBED EXHI13ITS A and ) 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 perfortning 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:Hubble Homes LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date)by 1>-,V ¢; •A (name of individual), [complete the following i signing in a representative capacity, or strike thefollo ing d signing in an individual capacity] on behalf of, ,�.,b o S,,_LL(,' (name of entity on behalf of wham record was executed), in the following representative capacity: 9 hvr z.e&j .&1 (type of authority such as officer or trustee) Notary Stamp Below 12 Notary Sigma re My Commission Expires: a-��t-•?ba5" ���I.IIIIlltrlrr OTARI, # # w R - a LIC # #OF # tt+r 1111111/1114�S�#L' Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. S' 'so , Mayor 2-4-2025 / cKIDIAN Attest by ris Joh`' °`` ity Clerk 2-4-2025 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 LLU a LIL�L �L4 C HA R L E N E WAY Notary Signature COMMISSION No. 67390 My Commission Expire • 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 0 I DAH O 9939 W Emerald St SURVEY Boise, ID 83704 GROUP EXHIBIT A Phone: (208) 846-8570 Prairiefire Subdivision City of Meridian Water Easement Boundary Description Project Number 23-218 January 17, 2025 An easement situated in Lot 11, Block 1, Prairiefire Subdivision (Book 129 of Plats at Pages 20914 through 20916, records of Ada County, Idaho) in the southeast quarter of the southeast quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the southeast corner of Section 31, Township 4 North, Range 1 East, Boise Meridian, which bears S00031'11"W, 2659.04 feet from the east quarter-section corner; Thence N00°31'11"E, 1109.08 feet along the east line of the southeast quarter of the southeast quarter of Section 31; Thence N89°46'17"W, 39.00 feet to the west right-of-way line of N. Locust Grove Rd. and the northeast corner of the existing water easement (Instrument Number 2024-032470, records of Ada County, Idaho); Thence S00'31'11"W, 20.00 feet along the boundary of the existing water easement on west right-of-way line of N. Locust Grove Rd.; Thence N89°46'17"W, 167.76 feet along the boundary of the existing water easement to the POINT OF BEGINNING: Thence continuing N89'46'17"W, 1.00 feet; Thence N00*31'11"E, 104.43 feet parallel with and 1.00 feet from the boundary of the existing water easement; Thence N89'46'06"W, 4.00 feet parallel with and 1.00 feet from the boundary of the existing water easement to the easterly right-of-way line of the E. Prairiefire St. cul-de- sac; Thence 1.00 feet on a non-tangent curve to the left, having a radius of 55.00 feet, a central angle of 1°02'30", a chord bearing of N00°14'20"E, and a chord length of 1.00 feet, along the easterly right-of-way line of the E. Prairiefire St. cul-de-sac to the boundary of the existing water easement; Thence S89046'06"E, 5.00 feet along the boundary of the existing water easement; Thence S00031'11"W, 105.43 feet along the boundary of the existing water easement to the POINT OF BEGINNING. S The above-described easement contains 109 square feet, more or less. CL 11334 Page 1 of 1 s } cti9 EL S �y� Curve Table 1/4 Curve Length Radius Delta Chord Bearing Chord Length S.31 S.32 C1 1.00' 55.00' 1'02'30" N00'14'20"E 1.00' S89'46'06"E 5.00' I ' E. Prairiefire St. C) N89'46'06"W jl 4.00' p Meridian Fire Station 3 Il i� II � jl o II � Existing 20' Water Easement Instrument I p rn OfNo. 2024-032470 ai C v III ILn'f p N00'31'1 l"E II r� v 0 104.43' II o cV v 11 3 m 1 II — o U) 12 .T o cn J I m �j N89'46'17"yy > O Z 39.00' II Point of Beginning UN89*46'17"W S00'31'11"W N89'46'17"W 167.76' � 20.00--\v 1.00' Block 1 OPrairiefire 11 Subdivision I is ol : ai o . tC ANO w Coordinate System: EN Ada County MI: O ol• `L 4 E. Ustick Rd. z T4N R1 E S.31 : S.32 Scale: 1"=30' �j OF — — — cyAEL S.Bye T3N ME S.6 S.5 0 15 30 60 P:\Prairiefire Subdivision 23-218\dwg\23-218 Prairiefire 1' Water Easement.dwg 1/17/2025 1:49,00 PM Exhibit B Job No. I DAHO 23-218 SURVEY 9939E AHO8 704 Prairiefire Subdivision BOISE,6-8570 3704 City of Meridian Water Easement Sheet No. (208)846-8570 1 GROUP, LLC Situated in Lot 11, Block 1, Prairiefire Subdivision in the SE1/4 of the SE1/4 Dwg. Date of Section 31, TAN., RAE., B.M., City of Meridian, Ada County, Idaho. 1/17/2025 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Wood Rose Apartments Pedestrian Pathway Easement (ESMT-2024-0149) ADA COUNTY RECORDER Trent Tripple 2025-007640 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 CHE FOWLER 02/05/2025 08:06 AM Wood Rose Apartments CITY OF MERIDIAN, IDAHO NO FEE Far internal use o-ty ESMT-2024-0149 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 4th day of February 20 25 between Wood Rose Apartments, LP ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing, a public pedestrian pathway 4:1 easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 04/17/2023 then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no fiirther effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereofagainst the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Wood Rose Apartments, LP STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on bras (date) by Erin Anderson, Director of WR Apartments, Inc., an Idaho corporation, the General Partner of Wood Rose Apartments, LP, an Idaho limited partnership, the person who executed the instrument on behalf of Wood Rose Apartments, LP and acknowledged to me that said entity executed the same Notary Stamp Below r 1AY P17'''•. , * ■*•••••. '', N tatty Signktirc *a' O'I`A };.i My Commission Expires: 0 -may - Itt11111�1�' Pedestrian Pathway Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN 74'- Robert E. Si 'so Mayor 2-4-2025 � SF,AL Attest by C is Johnsr''";"'rty Clerk 2-4-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-4-2025 (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 No'q�ny CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO Pedestrian Pathway Easement Page 3 Version 04/17/2023 WOOD ROSE APARTMENTS PATHWAY EASEMENT DEDICATION EXHIBITA LEGAL DESCRIPTION A parcel of land being a portion of the SW 1/4,Section 36,T.4N, R. 1 W, Boise-Meridian,City of Meridian,Ada County, Idaho, more particularly described as follows: A strip of land 10.00 feet wide whose centerline id more particularly described as follows: Commencing at an aluminum cap at W 1/16 corner of said Section 36 from which the SW Corner of said Section 36 bears N88042'44"W a distance of 1,331.44 feet;thence on the 161h line N00020'32"E a distance of 424.90 feet to the Point of Beginning;thence S70011'05"E a distance of 165.52 feet;thence S14034'34"W a distance of 32.41 feet;thence S19011'24"W a distance of 18.32 feet;thence 371°14'35"E a distance of 69.27 feet;thence S61°39'S5"E a distance of 98.68 feet;thence S49043'49"E a distance of 96.85 feet;thence S70031'45"E a distance of 33.07 feet;thence S66036'48"E a distance of 127.98 feet;thence S88042'51"E a distance of 73.95 feet;thence a curve to the left having a radius of 21.55 feet, a length of 35.46 feet and chord bearing N44008'03"E a distance of 31.59 feet;thence N00018'00"E a distance of 0.73 feet to a point on the northerly line of the parcel as shown on Record of Survey I.N. 105073795. The sidelines of said strip of land shall be prolonged or shortened so as to terminate on the boundaries of the parcel as shown on last said Record of Survey I.N. 105073795 and to intersect at all angle points. The above described easement contains 7,522 Square Feet, more or less. See Exhibit B, attached hereto and made part thereof rY tr � �l 4 I�F• Fo LL LL 0 w w W o LL o S aT z } v) I-- I W J } ~ ¢ co _z Z U_ 30 p7= f J CW Cl/ Z z a'. LL Q ~ 0 01 z � o _ Q w m z a W = o2 l / 07 W X wo ' O Q w � LU 1 w � I 0 >- U) ° !; I W � O < O LL 'r✓� > � /r U) M I U j .p• O U- o, 0 LO � m cA W O { J m Z gip Z U I Z 0 _ r w w Z co 0 > inI 20 om Z i � � j ! � NA W Vl W / {f �l Nco c N 6.. i. FL- rh O � � n O �/ OBI M N n O U �.. U 0.LL V, f LL w w w w w w I O U M Z �dj f C � N �n oo �.�.�� O .� J M v v m C Z o �_ co 43) CD '` 4 00 b 9£ N01103S 30 3N1-I 9M M Co a' .06'17Zb-3..Z£ ,OZ o00N N O Z T m 0 3nN3Ad 213aN1l N N E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for 330 N. Linder Rd. (H-2024-0048) by Nicholas Rinker, located at 330 N. Linder Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER ,. In the Matter of the Request for Annexation of 1.0 acres of land with an I-L(Light Industrial) zoning for the proposed use of vehicle sales or rental and service.,by Nick Rinker. Case No(s). H-2024-0048 For the City Council Hearing Date of: January 21st,2025 (Findings on February 4t",2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 21 St,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 21", 2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 21 st, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 4',2025, 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 § 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 January 21',2025,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 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 is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21',2025,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 § 67-652 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 January 21 st,2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -2- By action of the City Council at its regular meeting held on the 4th day of February 2025. 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 2-4-2025 Attest: Chris Johnson 2-4-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 2-4-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN;,�-,-- IDAHO DEPARTMENT REPORT HEARING 1/21/2025 Legend 0 DATE: C Project Location N TO: Mayor& City Council Area of Impact r ;LI. }= City Limits I,tom FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nna oli meridiancit .or - -- Lid APPLICANT: Nicholas Rinker SUBJECT: H-2024-0048 --- 1 330 Linder Road Annexation LOCATION: Located at 330 N. Linder Road in the SE %4 of Section 12, T.3N.,R.1W. '" A. � r �. PROJECT OVERVIEW A. Summary Annexation of 1.0 acre of land with an I-L(Light Industrial)zoning for the proposed use of vehicle sales or rental and service. B. Issues/Waivers The applicant has received a letter from the northern property owner to allow for a reduced landscape buffer to the residential property. This reduction will be from 25 feet to 5 feet.With this letter, staff finds the intent of the dimensional standards is being met. The applicant is seeking Council waiver to reduce this buffer as requested. The existing building is proposed to remain which will cause it to be non-conforming with the 35- foot street setback. C. Recommendation Staff: Approval. Commission Recommendation: Approval. D. Decision Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -4- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Industrial/Car Dealership - 11. Existing/Proposed Zoning Rl in Ada County V.A.2 Future Land Use Designation General Industrial V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 8/26/2024 Neighborhood Meeting 9/5/2024 Site posting date 11/23/2024 Table 3: Community Metrics Agency/Element Description Issue Reference Ada County Highway District II I.0 • Comments Received Yes - • Commission Action Required No - • Access Shared access with the property to the south. - • Traffic Level of Service Better than E. - ITD Comments Received Yes Meridian Public Works Wastewater • Distance to Mainline Available at site • Impacts or Concerns Yes: See comments below. Meridian Public Works Water rs • Distance to Mainline Available at site - • Impacts or Concerns No Note: See section III. City/Agency Comments & Conditions for comments received or see public record https:llweblink.meridianci Ly.orglWebLink/Browse.aspx?id=362253&dbid=0&repo=Meridian Cit Y. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -5- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated as General Industrial on the Future Land Use Map(FLUM). The use of vehicle sales or rental and service is consistent with the comprehensive plan for the general industrial designation. The subject site is among several Industrial properties along Linder Road in the immediate area. The proposed use of vehicle sales or rental and services is a permitted use in the I-L zoning which is the zoning the applicant is requesting. In conjunction with the existing industrial users surrounding this property,the proposed use satisfies the general industrial designation on the comprehensive plan. Table 4: Project Overview Description Details History I N/A Acreage 1.0 acre B. History and Process The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd and to the south and east; single-family residences exist to the north and in Ada County. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The existing residence is proposed to remain as the main office for the vehicle sales business. The building shall abandon well and sceptic and connect to city services at the time of annexation in accord with UDC. 2. Proposed Use Analysis (UDC 11-2): The proposed use of vehicle sales or rental and service is a permitted use in the I-L zoning district and aligns with the surrounding area. By adding additional industrial properties in the city,this project contributes to the community's employment and economic growth. Specifically, it adheres to Policy 3.07.01D,which encourages the preservation of industrial land use areas by discouraging non-industrial users. Additionally,the proposal is consistent with Policy 3.06.02D,which recommends locating industrial uses close to state highways and the rail corridor. The property's location adjacent to Linder Road enhances its accessibility to both the rail corridor and state highways. Staff finds the proposed use to be consistent with the UDC and Comprehensive Plan. 3. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the I-L zoning district in UDC Table 11-3B-3. The applicant has received a letter from the northern property owner to allow for a reduced landscape buffer to the residential property. This reduction will be from 25 feet to 5 feet and requires City Council waiver to reduce the buffer as proposed. Staff is supportive of the reduction since the adjacent property will more than likely develop with an industrial use in the future. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -6- Additionally,the existing building will be non-conforming if annexed due to the 35-foot setback requirement off Linder Road. The building is roughly 37-feet off the curb line but is within the 35-feet when measured from the ultimate right of way. If approved,this would create a non-conforming building and any new construction will be required to comply with the I-L dimensional standards. 4. Specific Use Standards (UDC 11-4-3): Vehicle Sales or rental and service— UDC 11-4-3-38: A. Vehicle repair may be allowed as an accessory use,subject to the standards for vehicle repair,major,and minor,in the district where the use is located. The applicant is proposing a future maintenance shop for vehicle repair purposes. While this is not going to be a use established on the site with the initial development, the applicant will come through permitting for establishing this accessory use in the future. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall,or screen or within an enclosed structure and shall not be visible from any street. The applicant is proposing a future maintenance shop that will house any inoperable vehicles. In the interim, there will be no inoperable or dismantled cars on the site. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. The minimum perimeter landscape requirements are being met and a reduction of the northern 25 foot landscape buffer is requested through a council waiver. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one(1) square foot of landscaping for every fifty(50) square feet of vehicle display area shall be provided. The site has 540 square feet of proposed vehicle display area which means 11 square feet of landscaping is required and the applicant exceeds this landscaping requirement. E. Vehicle display pads are prohibited in the required landscape buffers. The vehicle display is outside of the required 12.S foot with water conserving design landscape buffer along Linder Road fulfilling this requirement. However, the applicant shall only be allowed to have 3 vehicles displayed along N. Linder Road at any one time. UDC 11-3A-19 discusses the importance of building frontage along public roads and requires a minimum of 30% of the fagade to occupy the frontage. By limiting the display vehicles to 3, staff finds the fagade will maintain is prominent form along the frontage. F. Vehicle display areas shall incorporate design features including,but not limited to, landscape islands, curbing,and pedestrian walkways,that define main drive aisles and internal circulation patterns. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -7- The concept plan shows curbing around the vehicle display with landscaping on both sides to meet this requirement. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets The applicant is proposing waterwise landscaping which allows for a 50%reduction in street landscape buffers. A 12.5-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk, landscaped per the standards listed in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Parking lot landscaping is required per the standards listed in UDC 11-313-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.1a. Staff recommends the applicant shift the planter islands to the eastern buffer where the easement begins to maximize the parking on site. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. The Applicant requests City Council approval of a reduced buffer width from 25-to 5-feet adjacent to the residential use to the north as allowed by UDC 11-313-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feet).A letter was submitted from the abutting property owner to the north, Christopher and Angela Olson,agreeing to the proposed reduced buffer.While the landscape buffer will be reduced,the building will still be 25 feet from the north property line. Additionally,the eastern landscape buffer shall be landscaped in accordance with the irrigation districts' allowances. iv. 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. v. 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 N. Linder Road. 2. Parking (UDC 11-3C): i. Nonresidential parking 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 has provided 27 parking spaces which exceeds the UDC requirement. However,the applicant shall provide details for where customers will park on the lot. This shall be separate from the vehicles for sale on the property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -8- 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 in the plans and shall be included with the certificate of zoning compliance application. 3. Building Elevations (Comp Plan, Architectural Standards Manual): The applicant is proposing to keep the existing residence and convert it into the main office. Since the building is proposed to remain, it is not subject to the architectural standards. However, a tenant improvement permit will be required from the Meridian Building Department to convert the residence into a commercial building.Additionally,the applicant is proposing a future maintenance building that will be required to comply with the architectural standards manual. 4. Fencing (UDC 11-3A-6, 11-3A-7): The applicant is not proposing fencing with this application. However, staff recommends a 6- foot tall privacy fence is installed and maintained on the north boundary to help buffer the neighboring residential. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): One(1)full driveway access exists to this site via Linder Rd.that is proposed to be eliminated,and the applicant will share access with the property to the south through a cross- access agreement. The intent of the UDC(11-3A-3) is to improve safety by combining and/or limiting access points to arterial streets to ensure motorists can safely enter all streets. Where local street access is not available,the property owner is required to grant cross-access/ingress-egress easements to adjoining non-residential properties. Although the use to the north is currently residential, it's anticipated to change to a non-residential use at some point in the future. The use to the south is commercial; as a provision of the development agreement, a cross- access/ingress-egress easement was required to be provided to the subject property at the time of future construction on the site and/or expansion of the existing parking lot,which has not occurred. In accord with UDC 11-3A-3, Staff recommends as a provision of the development agreement, driveway stubs are constructed to the north and south property lines and a cross-access/ingress-egress easement granted to the properties to the north(Parcel #R3579000012) and south(Parcel#R3579000020)in an effort to combine and limit access points to the arterial street(i.e.Linder Rd.). Copies of the recorded easements should be submitted with the Certificate of Zoning Compliance application for the proposed use. While a fire truck turnaround is provided on-site,the applicant shall widen the cross-access from the south to a 25-foot drive aisle. Additionally,the applicant shall work with our fire department to ensure the turning radius for the entrance is sufficient. This will be analyzed with the certificate of zoning compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -9- 2. Sidewalk/Pathways (UDC 11-3A-5): An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area. Because the sidewalk was recently constructed, the Park's Dept. does not recommend it's removed and a new pathway constructed in its place at this time. If a new pathway is constructed in the future,there should be adequate room within the existing right- of-way(11'+/-) for the pathway without dedication of a public use easement. F. Services Analysis 1. Pressurized Irrigation(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. 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. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian 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. A final plat or certificate of zoning compliance shall not be submitted until the DA and Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. 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. No more than five (53)cars shall be displayed along N. Linder Road at any one time. The vehicles shall not be displayed in front of the building. C. In accord with UDC 11-3A-3,the applicant shall construct driveway stubs to the north in the area between the future maintenance shop and narking area and to the south pr-epefty line in alignment with the existing driveway from the abutting roper ,-ad a-ad.. ----- ---ess/i gross egess ease ei4 gmn4ed to the pr-e,.eAies to the neftl, (Par-eel#R3 5 70/10001 2) and south(Par-eel#R3570111111020)i an e f f .w to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 10- ri.bine.-ad lifnit, o peiftts t N Linder-Read. Copies of the recorded cross- access/ingress-egress easements shall be submitted with the Certificate of Zoning Compliance application for the proposed use. D. The applicant shall install a 6-foot-tall privacy fence on the north property boundary to help buffer the neighboring residential. E. The existing structure is nonconforming with the 35-foot setback along N. Linder Road. Any future expansion will require compliance with the I-L zoning regulation per UDC 11-2C-3. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 11 - B. Meridian Public Works Wastewater + Dlstance to Sewer Available at Site Services + Sewer Shed + EStirriatedProjed Seeappllcatlon Sewer ERU's + WERF Nelining flalarata3 + Projied Consister;t Yes with WW Master Plan/Fadli F Plan + Impactsftoncerns + See Publ le Works Slte S cific Condltions Water + DistancetoWamr Water Avall able atSite Services + PressureLwe EstimatedProjert Sae applleatlon Watef ERU's + Water Quality None + Project Consistent Yes with Water Master Plan ImpactVCDncems None-Ensure flo trees are located within 10'of the Water Mete NON-PLAT CONDITIONS Ptjwc-Woe Ks DrPA x-rm F.,%-r 5iie Specific Conditions of approval _ If a WO l is luC ttH on the Site it must h alrpndomCd Per rc,4ulawry requirements And prwf of abandonmcm rausl be pmvidcd to the City, 2, Ensure no sewer smices pass through infiltration Umbel, 3_ Provide H0'Easements For mains,hydrant laterals and waver services. E sernows shouild oxtond up to the and of mftiivhy�=nCwater meter and l0'beyrmd it. S_ No petmtanent s"eture5(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light pola3,ctc_)to bt:built within the utility c alst:mrntt. General Conditions Dt Approval I_ Applicant shall coordinate water and€.,wer main size and routing with the Public Works Depanntum. 2_ PeT MeridiLm City Code(MCC),the app]i rant$Mall lee respnmsiM w in"I Sewc r r5nd water mains to and through this dc;-clopn,cnt, Applicant may be eligible for a reimbursement agreement for infr,PSSrLEcwrc cnhaneenlcnt Per NfCC 9-fi-5, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 12- 3_ The applicant shall provide ea3wmern(s)for a]I public water/sewer mains outside of public nghl of way.(include all water services and hydrants)_ Sewerfwater easement%laries depending on sower depth.$elver U-20 ft drrp require a 30 ft-rwmcnL,20-25 ft a 44 ft rkw nor,and 25-30 Ik a 45 ft casement. Ensure no pcTmmcrtt rATuctures(trees,Wsbcs,buildings,carports,trash macptncie walls,fences,infiltration wenches,light poles,etc.)are built within[he utility casement, submit an execrticd easement(on the form available front Public Works),a legal description pr4pa1vd by an Idaho Licensed Professional Land S urveyar,which must include the area of the easer tCttl (marked EXI:I l BIT A)and art 8112"x l 1"map wi Lh bunrings and distances(marked F%l'11 B IT 9) for mview.BgLh exhibits must be waled,signed and dated by a Professional Land Survuyor.DO NOT RECORD. 4_ The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water{UDC I I-3 B-G).The applicant should be required to use any existing surkee or well water for the primary source_ Ha surface or well source is trot available,a single-poieL connectirm La the culinary water system shall be-required.I f a single-point mn"re6c t is 111;l i zrdl' the developer mill be respoasiblc for the paymcnt ofasscsslnenis far the common areas prior to prior toTecciving&velopmcnt plan approval. 5_ Any structures that are al lowed to remain shall be subject to evaluation and possible reassignmcm of street addressing to be in eamphance w iih MCC- 6- Al l irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,inierseeting. Cr05SinS OF baying udiuCenl And umLiguow to thr area being suWi%�&d shall be addw-q.vYi per UDC I l-3A-i, In performing such work,the appl i cant shall corn plywith Idaho Codc42-1207 and any athGraMicab#c law i r wguiation, 7_ Any wells Thal will not continue to be used must be properly abandoned according to Id;dto Wall Consirtwtion Standards Roles adminisiered by the Idaho Dopartmera of Water Resourory. 'N, Developer's Engineer shall provide a stawrnimL addmminil wheLhtK them are any existing walls iri Lhe develoPMOL,and if so,how they will continue Lo be used,cr pmNi4e record of their abandonment. $_ Any existing septic systetus within this project steal I be removed fronn service per City Oridinanoe Section 9-1-4 and 9 4 8, Cxontact Central District Health for abandonment procedures and insNab ms(208)375-5211. 9. All improvements irlawd to pub]ir life,Safety and health shall be wmplmted prior to orrup4=y of the structums, to. Applicant shall be required to pay Public Works developrn"I plan review,and construction inspection tees_as detenu fined duriug the plan Teview process,prior to the issuance of a plan approval ietter. 11_ It shalt be the responsibility of the applicant to ensure that all deNclopmenL fcatureS comply with the AmonCAns with Dissbilitics ACL And Ow Fair Housr ng Art. 12, Applicant shall k responsiblc for appl ication anti]complianrc wiib any Section 404 Pcrmiui ng that may be required by the Array Corps of Enginom. 13. Developer shall cooMinate tuailbox locations with the Meridian Pas[Ofiice_ 14_ Cord paction test results shall be submitted to the Meridian Building DeWrdent for all building pads receiving tnginecmd baxkfil I,where fonring would sit atop fill material_ l5_ The design engineer shall be required Lo certify that Lhe street centerline elevations we mat a minimum of 3-feet above the highest established peak groundwater cleva6on. This is to c um Mal the bottom elevation of the crawl spaces of homes,is at least 1-foot above_ Its. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project thal do not fall under the jurisdiction ofan irrigation digtic qr AC'HD_The design ertgineershall pirn+ide eertificuliM that the facilities bavo been inslWled in accordance with the appmwd design plans.This certification will be required before a wrtifreair of occupancy is issued for any structures within the project, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 13- 17_ At the earnplation of the project,the applicant;hall be risponsiblo to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and epprovod prior to the ismancc oFa cereification of nrr:uppnry for any stnutur-s within the prpj-ta 18. A street light plan will need w be included in the civil cons Ilion plans.Start light plan requirements are listed in section&5 of tht:improvement Standards for Street Lighting,A copy of the standards can be fotmd al hup:lJwwtw_ttteridi rnctt .oigrpublic_works.asp7' 19_ The City of Meridian roquires that the owner post to the City a perfonnance surety in t[W aMount of 1251Ya pf thr total mnstrurtion cost far all incomplete se-wor,wstor and reuse infhStructurc prior to final phu si�,natun.This surety will be verified by a line item t7xt estimate pMViJUd by the owner to the-City.The sttrcty can be posted in the faun of an i rrcvocabl a lcticr of cr%-di t,cash deposit or bond.AppliMat Must file au application for surety,which can be found on tUc Community Developuuem DNpanniem websitc. Plcasc contact Land Development Scr+'icc for mare itiformation at SR7-221 1. 20_ The City of Meridian requires that the owncK ptxst to the City a warranty surety in the w nun r of M of the total consttuciion cost for all completed scwcr,water and reuse infrastructure far duration oftwo years.This surety will be verifcd by a line item cost estimate provided by the oWaer to the City_The surety can be posted in the fomt of an irrevocable letter of credit,cash deposit or band.Applicant must file an application for surety,which can be found 6n the Community Development Department website. Please contact Land Development Service for mim inkrmati0n at 887-221 1. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 14- C. Ada County Highway District(ACHD) AidlilFry,PfGLdOrM1 ACHDMIA^ }GJ+G.VKS�fS'Ay[I[ ]Im Nq—r%graar5 CunmYrom k�[firtlrrw�pr,ta.nm�arwe Cavr F4KIiwy.Gu+nmlvrtnw Date, Sept.@mber I7,-2424 To: NirhQld5 kin ker,vie*wna,l Staff Contact:uaraLeigh Trayer,Planner Pivbj6tt Eesdriptl6n. UrAt-r Wool Car ALMEAl&Sates This iban annexation and re:one application For Chu devclopfrora of a 1,194 square foot office space and 1,4n sq uare foot automobile mai nbenance soap on 027-acres_ Trip GeneraiwxF This deveWpryheni Is estirnened w generate 2-�vehIde trips per dory. 3 vdh.tlh uip per hour+rl the PIA p"k hour,bawd ant"Irtiuitut6 of Trardportat+w% Eng ineem Trip Cremration Manual,W'editiwx r D,area roadways rneeL. ACHEYs LOS Yes No Carnment& The tables above list the emstlrlg condltronsof the surrounding roadways-ithovt the prQpQwo 0gw1go—e►rt as this applicWign i5�fqr annexPtiion and rezone only.With a hiture developmenr.a pplrca,tron.rhir,summary wi II Ile uPdo#od to ro&Kt the Oevokpivien(*n0 its Irnpxt. IV. cof?f'oecingj ou to Il " Ad2C ri rymgr-ay ramkT-Tn5 Adams 5[rpm-C.vdan Gq�f.IP-Orm-PKM30-010-FX 34rF%W-W tY at nd.d rio ray FINDINGS A. Annexation and/or 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: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 15- 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's proposal to annex 1.0-acre of land with I-L zoning for the development of a vehicle sales or rental service facility is consistent with the General Industrial FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Linder Rd.). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. IV. ACTION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement. B. Commission: The Meridian Planning &Zoning Commission heard this item on December 5th, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation request. I. Summary of Commission public hearing_: a. In favor: Nick Rinker and Matt Wilke b. In opposition: None c. Commenting None d. Written testimony: None e. Staff presenting application: Nick Napoli f Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimon: a. None 3. Key issue(s) of discussion by Commission: a. Cross access to the property to the north. Creating a non-conforming structure with the approval of this application. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 16- The amount of vehicles being displayed along Linder Road. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. The number of vehicles being displayed along Linder Road and cross-access to the northern property. Staff has talked with the applicant and ITD about vehicle display areas as ITD requires 5 spaces. Staff is proposinga hange to this DA provision for your consideration. Additionally, the gpplicant would like to defer cross-access until his property is redeveloped into a use separate from a vehicle sales or rental and service center. Staff is proposing alternative language to allow for the cross-access to be deferred until redevelopment of the subject property. C. City Council: The Meridian City Council heard this item on January 7th and 21', 2025. At the public hearing,the Council moved to approve the subject annexation request. 1. Summary of the City Council public hearing: a_. In favor:Nick Rinker and Matt Wilke b. In opposition:None c_. Commenting:Nick Rinker and Matt Wilke d. Written testimony:None e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. Cross access to the property to the north. The council discussed the need for a stub rather than an easement and where the best location for the cross access. The council determined the best location for this would be at the rear of the property between the maintenance shop and parking. b. The council also briefly discusses the changes from 3 to 5 vehicle display areas. 4. City Council change(s)to Commission recommendation. a. Council approved the change to provision B to change the amount of vehicles able to be displayed along Linder Road from 3 to 5. b• Additionally,_ Council approved a change to provision C requiring a stub street between the maintenance shop and rear parking to the property to the north. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 17- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial V. Legend " F Project Location Area of Impact �`"°a•- OAnalysis { 7 Wktx�,ei� � 1 a FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 18- _ _ ; �p[�■Ill [:.■■■iaaii=�� �■■ �■1 ' ■ � W -1 :: ■■■■ialr y� ■■■ � . ZZ ■ma■ r• ■r■I■■o.. ■1 ■ 11 � ■rrrrrllw�w. -�larrririi �■ ■■■1■■■■■■ i � Il■1[111111f■■ •IID#1`- �■llllllllll[■■ � • + ■■■11111��ra■ � i�■lalllll■ �■ I o • ■■�■ i::■i I� ■�.ri■lalll ■n■r rli[III11■ i 1,1 �� ::rr■■rrrrir` 1�■� rangy � ■Is■ . -No f■[I ..111111■■111 ■11! �� �r ■■ ■ �Y-��J JII## C l 111111111111111►�/ ..u�. # ff` .� r RANKL—IN 111111 a■u nnm ,■ ■ rn 111A:fAA■■ MC ' 2- 14 oil ■�� rr flrr� .■-nurr =' 11A 1 W �+�..■ ■■■■aaii= ■ � . a � ■i ■ror■r■ ii - e - . i _ 1 �� rrrrr■ ■ r■■■■■�■ Z.■■■■■r �. -�larrrurr ■� ■■■1■■■■■ •. .. i >�_ 11111111111■■ `Ilff ��llllllllli[■� .I ■■■11 11��ia■ ® riaiiiii■ � _ Ji 1111f i"" ■ �� �err■■rrrr �■+. Imo■ ria■a:ark■[I i:111111■■111 ■BEEN +•�` '7 a#nv n#rw 91 . — ■I#■ \f!■ R■■ oiIIIIII rr- 11� ■ , �+j jay 1 � �±� Illl 11,.A#L � +y + .pp■ � lillr� l��l:1...i�Ilr ur +1 Iilruuluita►'., _ ,- 1 IIfIn-' 1 H 11111= r e s • --- - - '% ANKLIN • ■AI • - • ME�� �tlj� � lIa �ii�lui r ME w�a �� - ■r rllli R � � ;r a■■■ ■ 11 r ow 4. Planned Development Map Legend C� O Project Location m �7T-r 0 Area of Impact ; �r7% T=' City Limits ��' � f1 � Planned Parcels -- �� O Analysis 01 ---- _- — ----- -�- � -. Irk i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -20- B. Subject Site Photos it ; V. _:L .. AL dlW. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -21 - C. Service Accessibility Report Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Within 100 yrfloodplain & < z acres RED 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 current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= 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 Schaal Drivability Middle or Elementary School within 1 mile drivin.-. GREEN (existing or future) Park Walkability No park within walking distance by park t%:pe RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -22- A Site Plan(date: 11/4/2024) k { tEp C S wr •a�a,ww,w�w, wwwue L UJ 2 f-;rrrsi +yam --'.: +•::. .. ' .aw •., .^:' ", `. �1 Z f < r 4 ARCHIYLCTUPAL SITE PLAN ; rAS1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -23- E. Annexation Legal Description &Exhibit Map ELSE GEERIJ:S0,+V LAND.SURVEYS,PLLC 2251 Sumac Sfreet,Boise,Jdaho 83706 TpiWo g(208)M6M ff&&@eomwys.cam t7{,1c6o8er 2024 El$Pro)e-dNa.240MF Lw+d OwrApuon EMMIT A Lot 3 rf dl9wpers Akre Suhdivk"O'emided plat cr.Ve m 85w 24 of plats a!P2ge 129a rKQrds Gr Ak Cal.�nty,Ideh:) and s pwfti M N SE V�of Section i 21 T.3 N..R.1 W. B.M.,MoMian Ada Carney,I sbu4 demtcd as U13va: "mr-mrcirg al a Jerald drams cep mlfflUnMl.MEYirlA tie UW aam Y of A0 81h"1.ur Searian 12,thence SGnfaeiy almg 1he weMry;re id paid Seetim$OQ' VjEr W a dstanoe of 1 48312 W.la the POUF 12F M-GINMiUG Theoaeleavhg said lineS08"13152'Eadistaictaf40.01 ek11Bafound Stool onmmurnenlYa}thenedhmsl amner of said Lol S an the eagle Nlyi- sway line of Narlh 1,k4er Roan. Thmm IwA*q said thin-ar,kmy Wcangruing alprlg ptenp{ Mti fine said Lat3&W 1357 Ea 6sranneaf 316.BT feat 03 a found siege pill m mmemkq are nuftag camk od said La; Thk"eculhedy arorlq 111we emi Ine of said Lot S W3$'53 N a ft"P..ca od 120.00 rook k}a round eleel on mmun-PEMN ire suulheasl ramer of slid Lul; Thvgce w+eslaiy alag the'oultrerl.inA od said Lot N 86'13'52`W it dWance of 316.62 fee[ic tha muf eat cww of said Ict an 1he ea l;"Nhb-O-wq Im of uW NuM Linder Read; Thencersavmgsaid MosV W13'62 h1 9 d3wuti3dADM feel to ap*y:N1 II:e vrast9,4y Irwofsad Section 1 Thmmrlptl cdy aiung said ueatedp lined 5adDn 12 N CO'31W.E adi,lLvca of 14.K'dee'lono P9N-OF KE NNINS. Thenbow-jw .Aihedna4frW4Wfinioe42,8WsquArefeelmmurbmsNEdtoOilOISWi 9asements.and righlwr. fsPS IC9FI�tprpJyiyg3Ulfi<a[f661�+,prt'Le9ae'2-0C5]9 Dec fo•m�qn 99[ .dot FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -24- 5N. LI&DE ROAD � f � k" �\ �@ m qk�'_ 46 q % | \$z k to ® co | A z % � | k� 2\ §/ \|/ 05, . u §K§ pp § R%2 | t� ] E _ | � � — ) � FINDING O FACT,CONCL am OF LAW AND DECISION i ORDER FOkpk N.Linder Road-xmk$m@ -25- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Pine 43 West (CR-2024-0003) by CSGQA, located at Southwest Corner of N. Webb Ave. and E. Fairview Ave. CITY OF MERIDIAN V IDIAN;_-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for a Drive-through Establishment within 300-feet of Existing Residential Uses and a Residential Zoning District; and a Reduced Buffer and Building Setback to Residential Uses along the West Boundary of the Site for Pine 43 West,Located at the Southwest Corner of N.Webb Ave. and E.Fairview Ave.in the C-G Zoning District,by CSHQA. Case No(s).H-2024-0038; CR-2024-0003 For the Planning&Zoning Commission Hearing Date of. October 17 and November 7,2024 for the Request for Conditional Use Permit(Findings on November 21,2024); and the City Council Hearing Date of January 21,2025 for the Request for City Council Review of the Commission's Decision Pertaining to the Reduced Buffer and Building Setback to Residential Uses. A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing dates of November 7, 2024, and January 21,2025,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 7,2024, and January 21,2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 7, 2024, and January 21,2025,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 7, 2024,and January 21,2025,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 Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § l l-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0038&CR-2024-0003 Page 1 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant,the Planning Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of November 7,2024, and January 21,2025, 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 Planning &Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved by the Planning&Zoning Commission in accord with the conditions of approval in the staff report for the hearing date of November 7,2024,attached as Exhibit A;and the request for a reduced buffer width and building setback to residential uses along the west property boundary is hereby approved in accord with the Staff Memo dated December 30,2024 for the City Council hearing date of January 21,2025, attached as Exhibit B. D. Notice of Applicable Time Limits Notice of Two(2)Year 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 in accord with UDC 11-513-6F.1. 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 in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.F.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 Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0038&CR-2024-0003 Page 2 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 7, 2024; and Staff Memo for the hearing date of January 21, 2025. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0038&CR-2024-0003 Page 3 By action of the City Council at its regular meeting held on the 4th day of February 2025. 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 2-4-2025 Attest: Chris Johnson 2-4-2025 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. 2-4-2025 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). H-2024-0038&CR-2024-0003 Page 4 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING November 7,2024 DATE: ?Continued from: October 17, 2024 TO: Planning&Zoning Commission z IM FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Pine 43 West—CUP H-2024-0038 LOCATION: Southwest corner of N.Webb Ave. and E.Fairview Ave., in the NW 1/4 of '- FR[EM'L4' 10 Section 8, T.3N.,R.IE. (Parcel _ } #R7104250581 ) I� � m�o F�ES�OENTIPl I. PROJECT DESCRIPTION Conditional use permit(CUP) for a drive-through establishment in a C-G zoning district within 300-feet of existing residential uses and a residential zoning district. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.18-acres Future Land Use Designation Mixed Use—Community(MU-C) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Drive-through establishment Current Zoning C-G(General Retail&Service Commercial) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 5/8/2024 attendees: History(previous approvals) H-2017-0058(Pine 43 DA 1nst.#2018-000751);A-2018-0054(PBA ROS #11291) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) No Page 1 Description Details • Requires ACHD Commission No Action(yes/no) Traffic Impact Study(yes/no) No Access(Arterial/Collectors/State One(1)access driveway is proposed via N.Webb Way,a collector street, Hwy/Local)(Existing and at the east boundary of the site.The exit driveway for the drive-through is Proposed) on E.Wilson St.,a collector street,at the south boundary of the site. III. APPLICANT INFORMATION A. Applicant: Mandie Brozo, CSHQA—200 Broad Street,Boise,ID 83702 B. Owner: DRB Investments,LLC— 1157 N. Summerbrook Ave., Ste. 100, Meridian, ID 83642 C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning Posting Date Newspaper Notification 10/1/2024 Radius notification mailed to properties within 500 feet 9/26/2024 Public hearing notice sign posted 10/25/2024 on site Nextdoor posting 9/24/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITEORGICOMPPLAN): Land Use: This property is designated Mixed Use Community(MU-C) on the Future Land Use Map (FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial-type buildings. Non-residential buildings in these areas tend to be larger than Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3E. The subject property is located at the corner of E. Fairview Ave., an arterial street, and N. Webb Way, a collector street, adjacent to other commercial and residential properties. In conjunction with the residential townhomes directly to the west and across the collector street to the south, multi family apartments to the southeast, adjacent commercial uses to the north and east that Page 2 include restaurants, indoor recreation,personal services and retail stores, the proposed use contributes to the mix of uses desired in the MU-C designation and is consistent with the Comprehensive Plan. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): 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) Parking lot landscaping and landscaping along streets is depicted on the proposed plans in accord 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 stubs have been provided to this site with the development of the subdivision. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact."(3.05.01 J) The proposed drive-through restaurant will contribute to the variety of commercial uses and restaurant options within this Area of the City. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A). Sidewalks are depicted on the site plan along adjacent public streets with a pedestrian walkway from the perimeter sidewalk to the main building entrance.Additionally, there is an existing 10- foot-wide multi-use pathway along the east side off. Webb Ave., which provides pedestrian connectivity to the north and south for interconnectivity between uses. • "Minimize noise, lighting,and odor disturbances from commercial developments to residential dwellings by enforcing city code."(5.01.01F) Operation of the proposed use should comply with City ordinances pertaining to noise, lighting, and odor disturbances. VI. STAFF ANALYSIS A. CONDITIONAL USE PERMIT(CUP) A CUP is requested for a drive-through establishment within 300-feet of existing residences to the west, south,and southeast,and residential zoning district to the south(i.e. R-15) and southeast(i.e. R-40),as required by UDC 11-4-3-11A. The drive-through is for a restaurant which will be located in the western-most tenant space of a new 10,1 00-square foot multi-tenant building on the southern portion of the site.No specific tenant has been identified at this time;however,it's anticipated that the drive-through will only provide pick-up service for pre-ordered items—no queueing is anticipated while products are being prepared. Note:A property boundary adjustment was previously approved that created the configuration of this property(i.e. ROS#11291—Parcel 1), which is a legal parcel for development purposes. Therefore, this property isn't required to be included in a subdivision unless the developer wishes to divide the property in the future. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) Page 3 Drive-Through Establishment: The proposed drive-through establishment is subject to the specific use standards listed in UDC 11-4-3-11,Drive-Through Establishment.All establishments providing drive-through service are required to identify the stacking lane,menu,and speaker location(if applicable), and window location on the site plan. The site plan is also required to demonstrate safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan is required to demonstrate compliance with the following standards: The site plan identifies the stacking lane, menu and speaker location and window location as required. Staff recommends signage is installed before the drive-through exit onto E. Wilson St. warning drivers to watch out for pedestrians crossing the driveway. 1) Stacking lanes have sufficient capacity to prevent obstruction of driveways,drive aisles, and the public right-of-way by patrons; The proposed restaurant features a stacking late with space to queue approximately three(3) vehicles. Because only pick-up service is anticipated to be provided, this should be adequate queueing;however,Staff does have concerns it may not be if a future use allows drive-up ordering and queueing. The Commission should determine if a re-design is necessary to accommodate more stacking,or if a restriction should be placed on the use(&future uses) to not allow ordering and queueing on-site. 2) The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. The stacking lane is a separate lane from the circulation lanes needed for access and parking. 3) The stacking lane shall not be located within ten(10)feet of any residential district or existing residence; The stacking lane is not located within 10 feet of any residential district or existing residence. A 38 foot wide landscape buffer is provided to residential uses to the west in the area where the stacking lane is proposed to assist in mitigating the noise and fume impacts of the drive; an 11- foot wide escape lane is also proposed between the buffer and the drive-through.A 6-foot tall vinyl privacy fence is proposed along the west boundary of the site for added screening and a covered canopy is proposed in the area above the drive-through window, which should help buffer noise. 4)Any stacking lane greater than one hundred(100)feet in length shall provide for an escape lane; and The stacking lane is approximately 68 feet in length, which is below the 100 foot requirement for an escape lane; however, an escape lane is provided on the west side of the drive-through lane. 5) The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is located on the west side of the building and is fully visible from E. Wilson St., along the southern boundary of the site,for surveillance purposes. Restaurant: The proposed use is also subject to the specific use standards listed in UDC 11-4-3-49 Restaurant,which requires at a minimum, one(1) off-street parking space to be provided for every 250 square feet of gross floor area.Upon any change of use for an existing building or tenant space, a detailed parking plan is required to be submitted that identifies the available parking for the overall site that complies with the UDC requirements. Page 4 The site plan nor the application narrative states how many square feet the tenant space will be housing the proposed use;the proposed multi-tenant building is 10,100 square feet(s.f.),which would require 40 parking spaces—a total of 43 spaces are proposed on the southern portion of the site, exceeding the minimum standards. If one(1) space at 250 s.f.were required for the overall site based on the total square footage of the buildings depicted on the site plan(i.e. 17,900 s.f.),a minimum of 72 parking spaces would be required. A total of 94 spaces are proposed, including four(4)ADA spaces,which far exceeds the more restrictive minimum standard;however, it's likely the remainder of the uses in the multi-tenant building and the northern building will be non-restaurant commercial uses,which only require one(1) space per 500 s.f. of gross floor area. Therefore,the proposed parking meets and exceeds the minimum standard. Dimensional Standards(UDC 11-2): Development of the site shall comply with the dimensional standards of the C-G zoning district in UDC Table 11-2B-3. Staff has reviewed the proposed plans and building elevations and they comply with the required standards. Access(UDC 11-3A-31: The site plan depicts one(1) access drive via N. Webb Way, a collector street, at the eastern boundary of the site; local street access is not available for the site. Direct access via E. Fairview Ave. is prohibited. The escape lane for the drive-through onto E. Wilson St.,a collector street,may also be used to exit the site. Staff recommends signage visible from E.Wilson St. is installed at the exit of the drive-through and the escape lane onto E.Wilson St. notifying motorists that access to the site is prohibited in that location. Parking(UDC 11-3C1: Off-street vehicle parking is provided on the site in accord with and in excess of UDC standards as noted above. A minimum of one(1)bicycle parking space is required to 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.A total of 10 bicycle parking spaces are proposed for the overall site with five(5) on this site,which exceeds the minimum standard by six(6) spaces overall.A detail of the bicycle rack should be submitted with the Certificate of Zoning Compliance(CZC)application that demonstrates compliance with the associated standards. Sidewalk(UDC 11-3A-1 : A 5-foot wide detached sidewalk exists on the site along N. Webb Way and E. Fairview Ave.,only a curb exists along E.Wilson St.; a 5-foot wide detached sidewalk is required to be constructed along E.Wilson St., a collector street. Pedestrian Walkways(UDC 11-3A-19): The proposed plan includes a pedestrian walkway from the perimeter sidewalk along E. Wilson St.to the main building entrance in accord with UDC 11-3A-19B.4. There are no multi-use pathways designated on the Pathways Master Plan for this site. Staff recommends a pedestrian walkway with pavers,colored or scored concrete,or bricks is constructed across the driveway along the southern boundary of the site in alignment with the sidewalk along E.Wilson St.to delineate the walkway to make it more visible to motorists exiting the site.Note: When Pad A develops, a pedestrian walkway should be provided to the main building entrance from the perimeter sidewalk along N. Webb Way that meets the construction standards in UDC 11-3A-19B.4 and from the residential development to the west. Landscaping(UDC 11-381: A 25-foot wide street buffer is required along E. Fairview Ave.,an arterial street, and a 20-foot wide buffer is required along N.Webb Way and E. Wilson St., collector streets, measured from back of curb, landscaped in accord with the standards listed in UDC 11-3B-7C. A minimum density of one(1)tree is required per 35-linear feet of frontage along streets—the width of the driveway may be subtracted from the frontage but the vision triangle and seepage bed/storm drainage areas should be included. Trees should be spaced in accord with the standards in UDC 11- 3B-7C.4.Where the street buffers are encumbered by easements that prohibit trees,the buffer area is required to include a minimum five-foot wide area for planting shrubs and trees outside of the easement as set forth in UDC 11-3B-7C.1b. The Project Information Landscape Requirements on the Page 5 landscape plan should be revised to reflect 13 trees required within the street buffer along N.Webb Way, a collector street, and a minimum of nine(9)trees within the street buffer along E.Wilson St., a collector street; and a 20-foot wide street buffer required along E.Wilson St., a collector street.A revised landscape plan should be submitted that includes the additional trees and these revisions. A minimum 25-foot wide buffer is required along the west boundary of the site adjacent to existing residential uses per UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-313-9C. The Applicant requests approval of a reduced buffer width along the northern portion of the west boundary of the site ranging from 5 to 10-feet adjacent to parking and the rear of the building on Pad A(a 38-foot wide buffer is proposed directly adjacent to the drive-through on the southern portion of the west boundary). Staff recommends the 5-foot buffer adjacent to parking is widened to 7-feet and the length of the abutting parking spaces are reduced to 17-feet,which allows 2-feet of vehicle overhang(and increases the width of the buffer)in accord with UDC 11-3C-5B.4.A reduced building setback of 15-feet is also requested for the northern building based on the reduced buffer width.The UDC allows City Council to modify the buffer width at a public hearing with notice to surrounding property owners if determined appropriate; a reduction in the buffer width does not affect building setbacks—all structures are required to be set back from the property line a minimum of the buffer width required in the district(i.e. 25'),per UDC 11-313-9C.2.Note: Staff is in the process of proposing an amendment to the UDC, which would allow buildings to encroach in the buffer area if consent from the abutting property owner is obtained and if Council grants a reduction to the buffer width. In the interim of a code change, the Director has determined a building can encroach within the required buffer area IF Council grants a reduction to the buffer width AND a reduced setback AND consent from the adjacent property owner is obtained for the buffer and building setback to be reduced. T eAplieanf sh uh4 H ob'a&&T eefisentftom A revised letter from the owner of the abutting residential property was submitted, included in Section VIII.D below, in support of the reduced buffer width and building setback; approval ef the r-edtteed Wilding seth ek:s still need a.Because the Planning&Zoning Commission is the decision-making body on CUP applications,the Applicant will need to submit an application for City Council review of the Commission's decision in order for Council to review the request for a reduced buffer and building setback at a public hearing, as required by UDC 11-3B-9C.2. Interior parking lot landscaping is required in accord with the standards listed in UDC 11-313-8C. Outdoor Lighting(UDC 11-3A-11): All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cutoff shield in accord with Figure I in UDC 11-3A-1IC.Staff recommends that the Applicant provide details of the lighting that demonstrate compliance with the standards listed in UDC 11-3A-11 with the CZC application. Outdoor Service and Equipment Areas (UDC 11-3A-12): Outdoor mechanical equipment(including, but not limited to,heaters and fans) shall not be located within fifty(50) feet of any abutting residential districts.Although the abutting residential property to the west is not in a residential district, Staff recommends this requirement is extended to it as a condition of the subject CUP. To reduce noise,permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. Outdoor utility meters,HVAC equipment,trash dumpsters,trash compaction and other service functions shall 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. Safe access and adequate lighting should be provided in these areas. Page 6 Trash Enclosure: Two(2)trash enclosures are depicted on the plan to service the overall property—one(1) on Pad A and one(1)on Pad B. The orientation of the enclosure on Pad A does not meet Republic Services requirements for access and will need to be revised or relocated; the Applicant should work with Republic Services on an alternate acceptable design.Recycling receptacles should be provided in the trash enclosures. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuall: Conceptual building elevations were submitted for the proposed single-story structure as shown in Section VII.C. Building materials consist of wood(rough sawn douglas fir),brick,concrete, stone, longboard siding, stucco and glazing with standing seam metal roofing. Final design is required to comply with the commercial design standards in the Architectural Standards Manual.A design review application is required to be submitted concurrent with the CZC application. Certificate of Zoning Compliance(UDC 11-5B-1): A Certificate of Zoning Compliance(CZC)is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VII. DECISION A. Staff: Staff recommends approval of the 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 this item on November 7,024. At the public hearing.the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: James Marsh. CSHOA b. In opposition:None C. Commenting:None d. Written testimony: James Marsh. CSHOA e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The Applicant submitted a letter in agreement with the staff report conditions. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. Include a new condition requiring a modification to the CUP if a menu board or speakers are added in the future. C. The Meridian City Council heard the Applicant's request for City Council Review(CR)of the Commission's decision on the reduced buffer and building setback to residential uses along the west boundary of the site on January 21,2025.At the public hearing.the Council moved to approve the subject CR request. 1. Summary of the City Council public hearing: a. In favor: Jim Marsh,CSHOA: Matt Baker,DRB Investments.LLC b. In opposition: Tom Pederson,Joanne Pederson c. Commenting:None d. Written testimony: Steve Martinez. Tradewinds General Contracting e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: Page 7 a. Letter in support of the reduced buffer and building setback to the residential uses to the west from the abutting property owner contingent upon the Applicant providjngprivacv fencing and increased plantings within the buffer along the west boundary of the site to provide visual and sound buffering from the residential units. b. Against the proposed reduced building setback along the west boundary of the site 3. Key issue(s)of discussion by City Council: a. Consensus that the proposed buffer will provide nice landscaping, even though the width of the buffer is reduced,to abutting residences. 4. City Council change(s)to Commission recommendation: a. Council approved the Applicant's request for a reduced buffer width of 7-feet adjacent to parking and 10-feet adjacent to the rear of the future single-story building on Pad A with a reduced building setback of 15-feet with consent from the abutting property owner contingent upon the provision of privacy fencing and increased plantings within the buffer as proposed. Page 8 VIII. EXHIBITS A. Site Plan(date: 8/29/24) 1021, z LU o e w z � � ��84 �� QggILU � g WLU 4 4 MI f z z ,% ` 3C o I L 1 ,t J . s " 3 v 9 N Page 9 B. Landscape Plan(date: 9/� 11/4/24) -REVISED N p O m � � m a Y a u a V p c g o w a ` 9 UPVI g y y @p W¢ 3 q$wgr Wea$a @ @ea$a y' awe $ 3did g 1 w Is z @ @ $ @ 9e g s .s a e{Q @ eIs is Is aa Wa W@a €€ a@ g N o 9 a @@ 'W 5 E i W aeaW� �gg €�e W 111(&• •$tt --i@as!� 9 6 tl 1yy eta ml b�3wE.�� �W ���y' ����W715 3 �� ��.� � @ W=�@ ygg @pp6 ¢ ��@G�E a@ �S�w§�� � g � Y e a. � �xe€ !'e'JBtln � �1 ; s �Wc �.� � 3 � W.�E q§ @ 5W a��s�•�e®®aS � �e 8` N����@t��Q@�@s�s � gy�4 ■ 7 eg g3 l�W � 9g ai++i AA d pE� Byy fig[ 8S§�" a3@ a Wr ��� 3e°fig` �i� �Ei�E' a€ �9� E A $AE=W S �tl W @ i@. @ W@ 5i�,sej o s€1@ � ��°33 @spay€4l� � � o a HIM ® Swosi w 5 Z � w N W _ i '_ I a g x ip g III ti o i�? I a;. d m.ate+ m m o UW N y C J Page 10 N � x @ r CU Rg-• g a m v lAl Y a�a V Z asfi�s5 ell _ �F �' � I � � � ��qe � s•gss © � �� 3 N N w . . . R . i R i . . R . a } ZR bR B 9 B .RR b A 8R « a . o a • o . . • . . o • . a a m 0 N u •� a gg gg a o � a . e . R . � . 'ol . � i • . i . & 4 R R a . R • � R R R & a o i / - a _ / o w & a Z 5 5 wLL a R1i in gy m Z ¢Lu g �& a�x� a 3 a z g o ccL u O g b � o v N j u m � Page 11 N MO O •� J m V Z Z 3 R 3 z �114.4,11p11 � liplllrly o LL s s s s k s s w l ..� �""^��� Lw I w r ., b�o__ I u) O O c C C Page 12 sh 7 BG�G4i �9 IgNiS 9 yes 'El' S % ZCD own � , R g w _ w 94 w a a crap F e d } a % M w € w a n•�n HV s`a s 8 pp } 5, 5sg a 3g e {a^'a� s s ggg ae Z 5 Pill ' OR a �' 4gps�5 w LU w m fr LLI BM Po 0 a a � m Mq o N g � m � x i _ i.... r O Nyj W N d� Qi O S i 3 64! w g � N N O M O 14 a` N a Page 13 C. Proposed Elevations (dated: 8/7/2024) z E — a o � m ❑ � d °a "w LU 9 dZ cc z g y o0 IWO w ... ' a LU W r z w z [O i in z ; 0 y d i z n w J w w L a � ❑g co I� I� LF— p is z o o a w w J I,J J S w = � F H o a o ift + � N 4 N s Page 14 D. Letter of Support for Reduced Landscape Buffer&Building Setback from Abutting Property Owner to the West(REVISED) hicve,r,1bLr 4, 2024 City pf Meridian Planning bepartment add ian City HaU,Suite-210 33 East RroadwayAvenue Meridian, ID 83642 Re: Letter of support To Whom it May Concern, Please accept this letterofsupport for the Pine 43 West Retail development.The properly developer has worked closetywith ourteam at Fairvievw Row To nhomes and made Concerted efforts to accommodate the proximity of orlr Sits to the west. The P0843 development has shorn aver the last few ye-ars the need for mixed-use and retail spaces that are accessible to the surrotmding multi-f2miLy cernplax". It is our beliel thatwhlla the landscape buffer is being reduced and Pad A bultdinghas a reduced setback from the r>I-rirrimurrr ate riderd, the provision of a privaeyfertce and increased p Lan tings will provide adequate visual and sound buffering from our residentiaL units. We feel that Pine 43 West Retail will improve pedestrian circulation and enhance neigr,borhood connectivity, while re mainingconsiEtent with City Df Merid[an design standards and future land use planning. incerel.y, Steve Martinez Tradevwinds General Contracting Cottonwood Enterprises,LL Page 15 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. Future development of this site shall comply with the previous conditions of approval and terms of the existing Development Agreement and the conditions contained herein [H-2017-0058 (DA Inst. #2018-000751)]. 2. The site/landscape plans submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All mechanical equipment on the back of the building and outdoor service and equipment areas 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. b. Install signage before the southern drive-through exit to E. Wilson St.warning drivers to watch for pedestrians crossing the driveway. c. Install signage visible from E.Wilson St. at the exits of the drive-through and the escape lane to notify motorists that access to the site is prohibited in that location. d. Include a detail of the bicycle rack that demonstrates compliance with the standards listed in UDC 11-3C-5C. e. Depict a pedestrian walkway with pavers, colored or scored concrete, or bricks across the driveway along the southern boundary of the site in alignment with the sidewalk along E. Wilson St. g. Depict a 5-foot wide detached sidewalk along E. Wilson St., a collector street, in accord with UDC 11-3A-17C. trees required within the AT-eet biiff�er-aleng N. Webb Way, a eelleeter-stfeet, and a fflifliffPam of nine (9)trees within the stT-eet biiff�er-along E. Wilson St., a eelleeter-stfeet; a-ad a 20 wide street buffer-required along E. Wilson ., standard-s in UPC—44 3B-7C-.¢Depicted on the revised landscape plan. i. Depiet a minimum of 13 trees within the street buffer-along N Webb Way and a fflinifRum 0 nine (9)trees within the street b4fer-along E. Wilson-St. in- ;.;vith 16TDC 11 3B 7C.3b. Where the street buffer-s afe efieumber-ed by easemen4s that prohibit tFees,the buff-er-area shall aeee �'� T TAT 3B ''��Depicted on the revised landscape plan. j. Depict shrubs and other vegetative groundcover along with trees within the 20-foot wide buffer along N. Webb Way at the back side of the sidewalk in accord with UDC 11-3B-7C.3, instead of outside the buffer where vehicles will overhang beyond the parking spaces,which may result in damage to the shrubs/plantings. k. Depict all outdoor mechanical equipment; such equipment(including,but not limited to, heaters and fans) shall not be located within fifty(50) feet of any abutting residential dwelling. 1. Depict a recycling receptacle in the trash enclosures. Page 16 Depiet a 25 feet wide buffer-to r-esidefAial uses alefig the west boundar-y of the site as set m. in UDG Table 11 2B 3; or, sebmit and ebtain approval ef an appheatien for-City Ceti apphea4iefi) deeision to r-eduee the width of the buffer-(and building setbaek) as allowed-by UPC 11 B 9C.2 Era as deteF. ifie,a by the Dire t The City Council approved a subsequent request for City Council review of the Commission's decision rig a reduced buffer width of 7-feet adjacent to parking and 10-feet adjacent to the rear of the future single-story building on Pad A along the west boundary of the site with a reduced building setback of 15-feet with the provision of privacy fencing and increased plantings within the buffer as requested by the abutting property owner to the west. n. Re-orient or relocate the trash enclosure on Pad A to meet Republic Services requirements for access. 3. Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment and 11-4-3- 49—Restaurant is required. 4. Direct access via E. Fairview Avenue is prohibited; access via E. Wilson St. to the site is also prohibited—access via E.Wilson St.from the site is allowed. 5. All of the street buffer improvements along E. Fairview Ave.,N.Webb Ave. and E.Wilson St. shall be constructed and installed with the proposed development,unless the property is subdivided into two (2)lots prior to development,in which case only the improvements for this property(i.e. Pad B) shall be required. 6. All outdoor lighting shall comply with the standards listed in UDC 11-3A-11C. Details of the proposed light fixtures shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 7. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the provisions in the Development Agreement. 8. 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 11-513- 6F. 9. If a menu board and/or speakers are added in the future and the operation of the drive-through changes from pick-up service only to allow on-site ordering,a modification to the conditional use permit shall be required in order to re-evaluate the adequacy of the stackinglane. ane. See the uroiect file in the public record for comments and conditions from other City departments and agencies. X. FINDINGS A. Conditional Use Permit(UDC 11-511-6E) 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. Page 17 The Commission finds that the subject property is large enough to accommodate the proposed use(i.e. pick-up service only)and dimensional and development regulations of the C-G district; however, if the use changes in the future to include a menu board and speakers for on-site ordering, a modification to the CUP shall be required to re-evaluate the adequacy of the vehicle stacking in the drive-through (see Analysis, Section VI for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds the proposed restaurant with a drive-through will be harmonious with the uses allowed in 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 Commission 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. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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 Commission 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 Commission finds theproposed use will not create additional costs forpublic 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 Commission 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 Commission finds the proposed use will not result in the destruction, loss or damage of any such features. Page 18 EXHIBIT B Mayor Robert E. Simison City Council bleinbei�'- IDIAN Luke Cavener,President Liz Strader,Vice President DAHO Brian VVhitlock Doug Taylor John Overton Anne Little Roberts December 30, 2024 MEMORANDUM TO: Mayor and City Council CC: City Clerk, City Attorney FROM: Sonya Allen,Associate Planner RE: Pine 43 West—CR-2024-0003 History: On November 21,2024,the Planning&Zoning Commission approved a Conditional Use Permit(CUP)(H-2024-0038)for a drive-through establishment within 300-feet of existing residential uses to the west, south, and southeast, and residential zoning district to the south(i.e. R-15) and southeast (i.e. R-40). Approved Use: The drive-through is for a restaurant which is planned in the western-most tenant space of a new 10,100-square foot multi-tenant building on the southern portion of the site on Pad B (see site and landscape plans below). The drive-through was approved for pick-up service only; a menu board and/or speakers was not approved. UDC Requirements: The UDC(Table 11-2B-3)requires a 25-foot wide landscape buffer to residential uses on C-G zoned property sharing a contiguous lot line with a residential use; landscaping is required within the buffer in accord with the standards set forth in UDC 11-313-9C. Because the abutting property to the west contains a multi-family residential use and the subject property consists of one(1)parcel of land,a buffer is required along the entire western boundary of the site. However,the UDC does allow the width of the buffer to be modified by City Council at a public hearing with notice to surrounding property owners; a reduction in the buffer width does not affect building setbacks—all structures are required to be set back from the property line a minimum of the buffer width required in the district(i.e. 25'),per UDC 11-313-9C.2. Staff is in the process of proposing an amendment to the UDC,which would allow buildings to encroach in the buffer area if consent from the abutting property owner is obtained and if Council grants a reduction to the buffer width. In the interim of a code change,the Director has determined a building can encroach within the required buffer area if Council grants a reduction to the buffer width and a reduced setback and consent from the adjacent property owner is obtained for the reduced buffer and building setback. A letter of support for the reduced buffer width and associated building setback was submitted from the owner of the abutting residential property provided that a privacy fence and increased plantings are completed along the west boundary of the site,which will provide visual and sound buffering to the residential units. Applicant Request: The Applicant requests City Council approval of a reduced buffer width of 7-feet adjacent to parking and 10-feet adjacent to the rear of the future single-story building on Pad A with a reduced building setback of 15-feet. The reason for the request is due to the alignment of N. Webb Ave. along the site's east boundary—it shifts abruptly to the west as it intersects with Fairview Ave. in order to align with the access point on the north side of Fairview,which reduces the width of the northern portion of the parcel by more than half of the southern portion of the parcel. The proposed site layout,with the building along the west boundary,provides an added buffer and screening between the adjacent residences and the parking area. zz i _Z- g EEC; a " H � " ! I w I Z I I CO 1--------------- i O ' 32 ��ws f9� �r dzxo i g I I i ❑O e 9 OO -� O / I / , o m r1 n •• o W M m M u M vs 14 a N � a �g z a w m w a0 O W u a V p e z ZI 3W J W Z a E ohs g5ffiF #gS� as ss e' e• _ Cx: zeggiseRa� 3a Z i n 9 � ll �9N.� � § 9 � § W Z ca I i !Cy q0 63 �a aC"� � Jill� �e I� � ��� I H I l� g0't2 �9W'a9 ES �� d a lg�5 i W• a i W`� a W §, § @E 3F gg M "3a 19 �dds E @@ � 8¢95 x etl milli 4' ba F W a �• E���� 4W �� a��88 tl 9 aR�o� �� � aka ��� a aeel l��ffi'� � �� 4 S 0 k 5g lea W 0 "- Mill wa o 0 HOo ¢W i � ® arcxo W z L a C �N i yyi J ir O to v � i / E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Brundage Estates Subdivision No. 1 (FP-2024-0024) by L.C. Development, generally located east of S. Linder Rd. midway between W. Victory Rd. and W. Amity Rd. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Farm Lease Agreement between the City of Meridian and Louie Asumendi for Farming of 40 Acres of City Owned Land Adjacent to the Wastewater Resource Recovery Facility C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Laurelei McVey, Public Works Meeting Date: February 4, 2025 Presenter: NA Estimated Time: NA Topic: Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40 acres of City owned land adjacent to the WRRF for 2025. Recommended Council Action: Move to authorize the Mayor to sign the Farm Lease. Background: The City Public Works Department wishes to enter into a farm lease with Louie Asumendi to farm the vacant 40 acres of City owned property adjacent to the WRRF. Mr.Asumendi will pay the City $6,000 for the ability to farm this parcel of land in 2025. This lease is also beneficial to the City as it allows this currently vacant land to be maintained throughout the year. In the future, the City will utilize this land for expansion of its WRRF facility. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey@meridiancity.org, 208-489-0365. FARM LEASE (Approximately 40 Acres - Public Works Property - Ten Mile Road ) THIS FARM LEASE ( " Lease " ) , made effective the 1st day of January , 2025 , by and between The City of Meridian , an Idaho municipal corporation ( " Landlord " ) , and Louie Asumendi ( "Tenant ") . RECITALS A . Landlord is the record owner of certain real property situated in Ada County , Idaho , as such real property is legally described and generally depicted on Exhibit A ( " Premises ") . Landlord intends to develop or dispose of the Premises at an undetermined time in the future , as dictated by Landlord ' s infrastructure expansion needs and by Landlord ' s real property requirements ( " Development Activity" ) . B . Tenant is aware of the possible Development Activity and desires to lease the Premises in order to plant an agricultural crop (" Crop " ) ; and Landlord desires to lease the Premises to Tenant until such time as Development Activity occurs , according to the terms and conditions contained herein . WITNESSETH 1 . AGREEMENT . Landlord , for and in consideration of the rents , covenants and agreements herein described , does hereby lease to the Tenant the approximate 42 acres as shown crosshatched on Exhibit A for the sole purpose of planting a Crop ( s ) . 2 . TERM . Tenant shall Lease said Premises for a one year period , from January 1 , 2025 through December 31 , 2025 ( "Term " ) , unless otherwise terminated as provided herein . Notwithstanding the foregoing , the Term shall expire five ( 5 ) days following Tenant ' s ordinary course of harvest or removal of the Crop . 3 . RENT . Tenant does hereby covenant , promise and agree to pay to the said Landlord as rent in the manner and at the time herein specified , at the rate of $ 160 . 00 per acre for a total sum of $ 6 , 000 . 00 ( " Rent") payable on the earlier of December 15 2025 or within ten ( 10 ) days following harvest or removal of the Crop . Rent shall be paid to Landlord at The City of Meridian , 33 East Broadway Ave , Meridian , ID 83642 . 4 . ACCESS ROAD . Landlord is authorized , but not required , to relocate the existing access road from N . Ten Mile Road , which is depicted on Exhibit A . Landlord and Tenant hereby agree to amend this Lease , including Exhibit A , if necessary to reflect the relocation of the access road . 5 . TAXES AND EXPENSES . Landlord shall pay when due all real property taxes and all irrigation district assessments . The Tenant shall pay all personal property taxes levied and assessed against the Tenant ' s fixtures , equipment and other property on the Premises . Tenant agrees to perform all labor and pay all expenses connected with the farming of said Premises , including all operation costs , repairs , and electric utility expenses . 6 . CARE OF PREMISES . Tenant agrees that he will maintain the Premises in good order and in neat and farm - like condition and further agrees : 6 . 1 To control all weeds ( noxious weeds included ) growing on the Premises in a good and farm - like manner including but not limited to those growing in , along and around cultivated fields , roadways , ditches , drains , and fences . Tenant shall also be responsible for FARM LEASE the eradication and control of any rodents on the Premises . If Tenant defaults hereunder , Landlord shall have the right after three days written notice served on the Tenant to control such weeds ( noxious weeds included ) and gophers and the cost thereof shall be borne by the Tenant as additional Rent . 6 . 2 To clean out and keep in good repair all ditches and drains on said Premises used for irrigation purposes , all necessary materials and labor to be furnished at Tenant' s expense . 7 . IMPROVEMENTS . Except as otherwise provided herein , Landlord shall be entitled to enter the Premises to demolish , remove and /or alter all outbuildings , improvements , or its personal property on the Premises . Tenant agrees to cooperate with Landlord in any such action , including the moving of its farm equipment , so long as such cooperation is at no cost to Tenant . 8 . RIGHT OF ENTRY . Upon five ( 5) days ' notice , Landlord and Landlord ' s employees , agents and contractors , shall be entitled to enter the Premises to conduct surveys , studies , testing , demolish improvements , or for any other action related to Landlord ' s Development Activities . 9 . SURRENDER OF POSSESSION . At the termination of the Lease Term , Tenant shall quit and surrender possession of the Premises to Landlord , removing all personal belongings and leaving the Premises in as good a state and condition as reasonable use and wear thereof will permit ( damages by the elements excepted ) . Tenant will leave the irrigation systems ( including any pump and controls) in an operating condition on the Premises . Landlord ' s Development Activity is dictated by many factors ; and as such , Tenant shall not prepare or improve any portion of the Premises in anticipation of leasing the Premises for another term . Any improvements made to the Premises after harvesting said Crop shall be at Tenant' s own risk and expense . 10 . HAZARDOUS WASTE . The Tenant shall not cause or permit any hazardous substance (s) to be used , stored , generated or disposed of on or in the Premises , without first obtaining the Owner' s written consent . Notwithstanding the Owner' s consent , if any hazardous substance ( s) is used , stored , generated or disposed of on or in the Premises by the Tenant , such usage , storage , generation and disposal shall , in all respects , be in strict accordance all federal , state and local laws , statutes , ordinances and regulations . If the Premises become contaminated in any manner for which the Tenant is liable , the Tenant shall indemnify , defend , save and hold the Owner harmless from any and all claims , damages , fines , judgments , penalties , costs , liabilities or losses arising during or after the Term and arising as a result of that contamination by the Tenant . As used herein , " hazardous substance" shall mean any hazardous or toxic substance , material or waste which is or becomes regulated by any local governmental authority , the State of Idaho or the United States Government . 11 . INSURANCE . Tenant shall indemnify , defend , protect , and save Landlord from all actions or claims for personal injuries or property damage sustained upon the Premises and predicated upon the Landlord ' s ownership of the Premises . Tenant agrees to secure and keep , in full force and effect from and after the date Landlord first allows Tenant on the Premises , broad form general liability insurance insuring for death , bodily injury and property damage in the combined single limit amount of at least one million dollars ( $ 1 , 000 , 000 ) . The policy shall name Landlord and Tenant as insured and shall further name The City of Meridian as an additional insured . A copy of the policy or Certificate of Insurance shall be delivered to Landlord , at 33 E . Broadway Avenue , Meridian , ID 83642 . Tenant shall also secure and keep in force Workers ' Compensation or similar insurance to the extent required by federal , state and local law . FARM LEASE 12 . NOTICES . Whenever any notice , approval , consent , request or election is given or made pursuant to this Lease , it shall be deemed delivered when ( 1 ) it is in writing and personally delivered ( ii ) 2 business days after deposit in the United States mail , postage prepaid , certified or registered mail , return receipt requested and addressed to the party at the address set forth below ; ( iii ) 1 day after deposit with a reputable overnight courier service (such as Federal Express) , delivery charges paid , receipt confirmation requested , and addressed to the party at the address set forth below . The addresses below shall be used for notice under this section unless Owner or Tenant provides notice under this section of an alternate address or facsimile number . Tenant : Louie Asumendi Address : 17727 11 th Ave . North , Nampa , Idaho 83687 Landlord . The City of Meridian , Department of Public Works Address : 33 E . Broadway Ave , Meridian , Idaho 83642 13 . DEFAULT . Tenant ' s use of the Premises in any unlawful manner shall be deemed a breach of the Lease and cause Tenant to forfeit all Tenants ' rights under this Lease . The Lease shall be immediately terminated at no expense to Landlord . It is further agreed that if any rent shall be due and unpaid , or if default shall be made in any of the covenants herein contained , then it shall be lawful for Landlord to re- enter the Premises and remove all persons therefrom and at its option , terminate this Lease , after first giving Tenant written notice of the matter in which he is in default and a lapse of 15 days without Tenant having removed and corrected default . 14 . LIENS . Tenant agrees not to cause or permit any liens to be placed on the Premises during the Lease term . Any liens on the Premises caused by Tenant shall be considered a breach of this Lease and shall be removed immediately at Tenant' s sole cost and expense . 15 . ASSIGNMENT . SUBLEASE , SUCCESSION . Tenant shall not assign , lease or sublease any portion of said Premises ; or permit any other person or persons to occupy or improve the same , or make or suffer to be made any alterations thereon . This Lease shall be binding upon and shall inure to the benefit of the respective , heirs , personal representatives , successors and . assigns of the parties . 16 . HEADINGS . The headings , title and captions used in this Lease are for convenience only and are not part of this Lease . 17 . LEGAL FEES AND COSTS ; VENUE . If either party shall default under this Lease and said default is cured with the assistance of an attorney for the other party , as a part of curing said default , the reasonable attorneys' fees incurred by the other party shall be added to the balance due and payable or , in the case of a non - monetary default , shall be paid to the other party upon demand . In the event suit or action is filed by either party against the other to interpret or enforce this Lease , the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses , including attorneys ' fees incurred therein , including the same with respect to an appeal . The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement and that venue shall be in Ada County , Idaho . FARM LEASE 18. ENTIRE AGREEMENT. This Lease, including the exhibits attached hereto, contains the entire agreement between the parties as of the date of this Lease and the execution hereof has not been induced by either party or any agent of either party, by representations, promises, undertakings not expressed herein. There are no collateral agreements, stipulations, covenants, promises, inducements or undertakings whatsoever between the parties concerning the subject matter of this Lease which are not expressly contained herein. This Lease may only be amended by written document signed by both parties. 19. SIGNATURES: COUNTERPARTS, This Lease, and all ancillary documents executed by the parties in connection herewith, may be executed by electronic signature and/or in multiple counterparts, each of which shall be deemed to be an original but all of which, together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year the Lease first above written. LANDLORD: CITY OF MERIDIAN By: Robert E. Simison, Mayor 2-4-2028 Attest: City Clerk Chris Johnson 2-4-2025 TENANT: LOUIE ASUMENDI By: Exhibit A- Farm Lease N 114r iT MARIE 1 W TIN, RIK YC11W M 64 27 2 SUBDIVISION HEIGHTS 04 VOLTERRA HEIGHTS (raBiD 5 im 4�y 34 0 SUBOIV190N N0. 01 SUBDIVISION NO, 03 >7 O -r T - r Iw I- -� —I- T I T -(- -r ' � B y x 50434212971 LOT 14 / /O 11 O I ® I O5 I ©� jo � @7 I © 9 10 11 12 13 I 14 15 _ BLACK CAT-MERIDIAN B1K 03 LOT 0" 'I ,�zi' I O I O I O O I O OS5gqI O ( 16 I 17 LOT 01 1 x lie ms+mE 77 LLC / l;K 69 �Lali � I �I �% �I BLONT a9I� I Of �fI LOT OII OLK ILOr 0 IL&Oli 01�flJT( OfIOLK 01 ELK 03 LBOLTK o'I16LIT( ofI LM of \ � I (nano t CFP 4 I W 1/14 4>YWA R E t �dF how-iaiWT) 1 (ra8m Y lxILLaYW W-0pr e•+ miu iew ap 201 r-1141J0) � �� ,� yoag m�°iwnm "AX Rt 1/ta �i .m mvn. na, �(TumIpP�m1 1 (aar msa-osier R) I SO434142354 MEE, K"NN �I �I O OIL 50434142125 K I � E RA BRENTEN W t _I g PARCEL 1 Z 1 a CITY OF MERIDIAN W � 7 1 ,704,257 S0. FT. FAA p40.960 ACRES e� I i SO434142020 BOWMAN, LARRY D. I I PARCEL 2 F 217,611 SOFT. § 4,995 ACRES I 1 p ass . rr �®ni� p• 34 Rwncvo 1pd°�v ® awn F 7/ 3 nm - Nwlv4rw Imm — minx Or =11 v al, a ao.rlr w an.TV R*� ) \ \ ¢ 1/ie ew.m — — — — - J4 3; Tf4N, RI®4, d �sa0 SO434417605 (rp»m mu SO4 34 41 7 753 �9-TM2 LLD SO434417450 � nwnam) L CITY OF MERIDIAN SI-TM2 LLC "WrTmA:* Qufl'CR Iw XTAC4 9k '.. rAnj RIk'. Old 0 ZO I... d'3? wIF_ W3'( LA Pp! xi Ifl& 6*sT*$R ;iYEa t•.o (Vl .L.i�B'11 x h' S4y,R+$i+ad CAP�Cpe (>:G,Ra7 7' ,ll1R ai'Ju {FP CAP 07 E�RT - 3� R ' WQ34''49E5 WAY PRCPFRTIFS I.I. 0 "aD4941 A202D i 1 t _ _ _ - - - _ - I if 71� Ago, I9e a' .kUT(71' -. � T,. rly" j l ,.�f ' A.-I LT( 515 11TTI3594U 5fzS 134 ul r AAA I 1 t tL t Ltu116 rp . , "s P. n < . i& 1 Fa ;f _ _ 60'844rw S41434 14T01 1 1 k, rae ass c 2 W, Rr{.re.iNlPlt� 'V' al 6 r_ OUT 5A AAA %Or W x 34 T[v' CTORLr1cm 14. AN mW)LNK' wed fiB- - - tk+F G- tiiB C'.ae' o'.3 O7 fLtT0A .4. TV} aly4 f&+J Or, ills CO9517 �11 mudA _ u a i. SR tAN F'IA +11 i:WgaaAaAM ' L v r nvm w�. ,m p II �, 01ig 7 rLa�q �s _ er2r IAn_ IUOOI cw u�3r.y.;, �GA344132Ud TFO, r.�>=3" N� -re4s' a� � p T'€ WCANTAIN 'WIT l.I. 0 94 fk•I It :0A34A 17gSj f 11 I N 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 25-2498: A Resolution Establishing the Reappointment of Brian Garrett to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 25-2498 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON STRADER, TAYLOR,WHITLOCK A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF BRIAN GARRETT TO SEAT 1 OF THE MERIDIAN PLANNING AND ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Brian Garrett to Seat 1 of the Planning and Zoning Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effective immediately, Brian Garrett is hereby reappointed to Seat 1,which term shall expire January 31, 2028. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 41h day of February, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of February, 2025. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk MERIDIAN PLANNING&ZONING COMMISSION-REAPPOINTMENT OF GARRETT(SEAT 1) W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 25-2499: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Louie Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile Rd., North of W. Ustick Rd., in Ada County Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease Agreement on behalf of the City of Meridian; and providing an effective date. CITY OF MERIDIAN RESOLUTION NO. 25-2499 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND LOUIE ASUMENDI CONCERNING APPROXIMATELY FORTY (40) ACRES OF REAL PROPERTY LOCATED ON N. TEN MILE ROAD, NORTH OF W. USTICK ROAD, IN ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID FARM LEASE AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian("City") owns approximately forty(40) acres of real property located on N. Ten Mile Road near the City's wastewater treatment facility ("Land")that is being held for long-term facility expansion; and, WHEREAS,under a previous lease between Louie Asumendi ("Asumendi") and the City, Asumendi has farmed the Land, maintained it in good order, controlled the weeds, maintained the ditches, and provided good overall stewardship; and, WHEREAS,because the City has no immediate plans to utilize the Land, and Asumendi desires to continue to lease the Land for farming operations, the parties desire to voluntarily enter into a new lease ("Farm Lease Agreement" or"Agreement"); NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the Land is not otherwise needed for municipal purposes at this time. Section 2. That the terms of the Farm Lease Agreement, entered into contemporaneously herewith, are just and equitable, and the Agreement is hereby approved as to form and content. Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Farm Lease Agreement for and on behalf of the City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 4th day of February 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of February 2025. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING FARM LEASE AGREEMENT WITH LOUIE ASUMENDI PAGE I OF I W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 25-2500: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members to Serve as Department Liaisons; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 25-2500 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS DEPARTMENT LIAISONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Meridian City Code section 1-7-6(A), the president of the City Council is to appoint a city council member to serve as liaison between Meridian City Council and each of the City departments, and at the City Council meeting on February 4, 2025, City Council President Luke Cavener did make such appointments; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council members appointed by City Council President Cavener to serve as liaisons to the respective departments, as follows, shall fulfill the duties of such function as enumerated in Meridian City Code section 1-7-6(B). Luke Cavener: City Clerk Human Resources Department Information Technology Department Legal Department Mayor's Office Finance Department Anne Little Roberts: Police Department John Overton: Community Development Department Liz Strader: Fire Department Doug Taylor: Public Works Brian Whitlock: Parks &Recreation Department Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 4th day of February, 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 4th day of February, 2025. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk FEBRUARY 2025 RESOLUTION APPOINTING CITY COUNCIL DEPARTMENT LIAISONS PAGE I OF I w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 25-2501: A Resolution of the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 25-2501 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT’S APPOINTMENTS OF CITY COUNCIL MEMBERS/CITY STAFF MEMBERS TO SERVE AS INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES REPRESENTATIVES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council members/City staff members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian, the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House, and Valley Regional Transit Board; and at the City Council meeting on February 4, 2025, City Council President Luke Cavener did make such appointments, as set forth in Exhibit A hereto; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council members/City staff members appointed by City Council President Cavener to serve as liaisons to the respective interagency boards, committees and initiatives, as set forth in Exhibit A hereto, shall fulfill the duties of such function on behalf of the City of Meridian Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. th ADOPTED by the City Council of the City of Meridian, Idaho, this 4 day of February, 2025. th APPROVED by the Mayor of the City of Meridian, Idaho, this 4 day of February, 2025. APPROVED: ATTEST: Mayor Robert E. Simison By: Chris Johnson, City Clerk 2025 R ESOLUTION E FFECTUATING INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES R EPRESENTATIVES P AGE 1 OF 2 EXHIBIT A M ERIDIAN C ITY R EPRESENTATIVES Interagency Boards, Primary Alternate(s) Committees and Initiatives ACEM Executive Mayor Simison John Overton, Council Member Council joverton@meridiancity.org Allumbaugh House Mayor Simison Tracy Basterrechea, Police Chief tbasterrechea@meridiancity.org COMPASS Mayor Simison Steve Siddoway, Parks & Rec Director John Overton, Council Member ssiddoway@meridiancity.org joverton@meridiancity.org Bruce Freckleton, Community Charlie Rountree, Community Development Director Member bfreckleton@meridiancity.org Caleb Hood, Deputy Director Planning & Development chood@meridiancity.org COMPASS Executive Mayor Simison John Overton, Council Member Board joverton@meridiancity.org Bruce Freckleton, Community Development Director bfreckleton@meridiancity.org EMS JPA Mayor Simison Luke Cavener, Council Member Meridian Development Doug Taylor, Council Member ------- Corporation Meridian Rural Fire Liz Strader, Council Member ------- lstrader@meridiancity.org Treasure Valley Partners Mayor Simison ------- Valley Regional Transit Todd Lavoie, CFO Caleb Hood, Deputy Director tlavoie@meridiancity.org Planning & Development chood@meridiancity.org Dave Tiede, CIO dtiede@meridiancity.org Valley Regional Transit Todd Lavoie, CFO Dave Tiede, CIO Executive Board tlavoie@meridiancity.org dtiede@meridiancity.org 2025 R ESOLUTION E FFECTUATING INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES R EPRESENTATIVES P AGE 2 OF 2 E IDIAN;--- /hl R AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Council may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: February 4, 2025 j Please sign in below if you wish to address the Mayor and City Council and a 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 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Fiscal Year 2025 Fee Schedule Update C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: February 4, 2025 Presenter: Laurelei McVey, Public Works Estimated Time: 10 minutes Topic: FY25 PW Fee Schedule Update Recommended Council Action: None required at this time. Background: PW reviews and updates fees once per fiscal year. The PW fee changes for the FY25 fiscal year are outlined below: • 89 fees are being eliminated • 15 fees are decreasing 0 13 are increasing less than 5% • 31 fees are increasing by 5% or more o Of those 31 fees (listed below), 25 are increasing due to arise in the parts/equipment costs to the City (pass-through fees). The 6 remaining fees were recalculated to current labor rates. 23 of the PW fees on the schedule are not changing at this time. A public hearing will be scheduled for March 41h, 2025. Below are the fees that require noticing: Fee description Current fee Proposed new amount fee amount Water Meters:1 1/2 Inch Meter $1,161.98 $1,242.76 (Irrigation)T2 Water Meters:1 1/2 inch meter C2 $1,697.88 $1,815.91 Water Meters:1 inch meter $233.40 $245.87 Water Meters:2 Inch Meter $1,410.86 $1,508.94 (Irrigation)T2 Water Meters:2 inch meter C2 $1,880.42 $2,011.14 Water Meters:3 inch Meter C2 $2,280.25 $2,438.77 Water Meters:3 Inch MeterT2 $1,578.21 $1,687.93 Water Meters:3/4 inch meter $173.56 $182.57 Water Meters:3/4 inch meter $173.56 $182.57 (short) Water Meters:4 inch compound $4,110.86 $4,396.64 meter C2 Water Meters:4 inch Turbo Meter $3,318.46 $3,549.16 (Irrigation)T2 Water Meters:6 inch Compound $6,840.72 $7,316.28 Meter C2 Water Meters:6 Inch Meter T2 $5,531.39 $6,059.18 Water Meters:Backflow Assembly $395.85 $415.80 Repair Kit 1 1/2" Water Meters:Backflow Assembly $248.15 $260.75 Repair Kit 1" Water Meters:Backflow Assembly $481.25 $505.40 Repair Kit 2" Water Meters:Backflow Assembly $160.65 $168.70 Repair Kit 3/4" Water Meters:Dual Port MXU (*b) $130.21 $137.50 (*b) Charge is half the cost of a dual MXU for dual meter installation in a single common meter vault. (Full replacement cost of a dual port MXU is$275.00) Water Meters:Hydrant Meter H2 $1,751.30 $1,925.00 Water Meters:OMNI Hydrant Meter $1,088.02 $1,195.00 H2 Register w/Measuring Chamber, Complete Water Meters:Single Port MXU $223.44 $235.95 Water System Repair Fee:2 inch $309.72 $423.52 gate valve for hydrant meter Water System Repair Fee:Bushing $47.21 $49.63 3" x 2" Brass Water System Repair Fee:Hydrant $282.69 $351.22 Meter 2.5 FHT Swivel and screen Water System Repair Fee:Service $13.15 $16.68 Truck, Light Duty(per hour) Water System Repair Fee:Silt Sand - $30.28 $35.13 per yard Sewer System Repair $36.48 $46.50 Fee:Collections Technician (per hour) Water System Repair Fee:Service $30.00 $32.00 Turn-on Floodplain Development Permit $25.00 $30.57 Review Pretreatment Plan Site $75.00 $117.79 InspectionNew Commercial Construction Pretreatment Plan Site $75.00 $117.79 InspectionTenant Improvement C� E IDIAN Planning and Zoning Department Presentation and Outline h2 City Council MeetingFebruary 4, 2025 Zoning MapAerialFLUM DA Changes to Agenda: None Item #22: Lennon Pointe Subdivision (H-2024-0060) Application(s):  Preliminary Plat Size of property, existing zoning, and location: This site consists of 8.8-acres of land, zoned R-15 & C-C, located at 1515 W. Ustick Road, at the SEC of N. Linder Rd. & W. Ustick Rd. History: This property was annexed in 2022 with a DA and approval was granted at that time for a preliminary plat & a CUP for a MFR development, both of which have since expired. The DA requires future development to be generally consistent with the previously approved plans, including the preliminary plat & concept elevations. Comprehensive Plan FLUM Designation: Mixed Use – Community (MU-C) Summary of Request: A new Preliminary Plat is proposed consisting of 41 building lots for the development of (3) SFR detached units, (30) SFR attached units and (8) townhomes, (1) MFR building lot for 18 apartment units, (1) commercial building lot for two (2) building pads, and (7) common lots on 8.80-acres of land in the R-15 & C-C zoning districts. The proposed plat generally complies with the previous plat included in the DA as required. Access is proposed by (1) full access via N. Linder Rd., an arterial street, which may be restricted to a right-in/right-out if warranted by ACHD in the future; and (1) access via W. Ustick Rd., an arterial street, which is restricted to right-in/right-out. Access is also proposed via the extension and connection of W. Pebblestone Dr at the east boundary of the site and N. Zion Park Ave. at the south boundary of the site, both existing local streets stubbed to this property. The public street will provide access to lots on the eastern portion of the site and a private street loop is proposed for addressing purposes & for access to the lots on the western portion of the site. The development incorporates a mew in the design as required by the UDC for approval of private streets in single-family developments; the Director has approved the proposed private streets. The maintenance agreement for the private streets is required to include all lots within the development, all of which are required to pay their proportionate share toward maintenance of the private streets. Ingress- egress easements are required for all lots in the development to use the private streets and the driveways in the commercial & MFR portions of the development. Seven-foot wide attached sidewalks exist along Linder & Ustick Rds. A 25’ wide street buffer is required along these streets. There are (2) major waterways that cross this site – the Creason Lateral and the Kellogg Lateral. The Kellogg Lateral is being re-routed to the SW corner of the site near the Creason Lateral. A 10’ wide multi-use pathway is proposed to extend from the south boundary along the Creason Lateral to the sidewalk along Linder Rd. in accord with the Pathways Master Plan. A minimum of 15% qualified open space is required to be provided for the SFR and townhome portion of the development. Based on 6.96-acres, a minimum of 1.05-acres is required to be provided; 1.33-acres (or 19.07%) is proposed consisting of linear open space, open grassy areas exceeding 5,000 square feet in area, 50% of the arterial street buffers along Linder & Ustick Roads, stormwater retention facilities, and a plaza area, which meets and exceeds UDC standards. Qualified site amenities are also required to be provide based on the area of the development. A minimum of (2) site amenity points are required to be provided; the applicant proposes a dog park with a dog wash station (2 points), (2) dog waste stations (1 point), a tot lot with commercial grade play equipment (1 point), a short segment of multi-use pathway, internal pedestrian/bicycle circulation system with landscaping and bicycle storage exceeding the minimum standards. Future development is required to comply with the conceptual building elevations and site plan included in the DA; final design of all SFR attached and townhome structures, as well as the commercial & MFR structures, is required to comply with the design standards in the ASM. A CUP is required for the MFR development. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Ben Semple, Rodney Evans + Partners ii. In opposition: None iii. Commenting: Joy Furlipa iv. Written testimony: Ben Semple, Rodney Evans + Partners (in agreement w/the staff report conditions) v. Key Issue(s): Concern with traffic stacking in front of the driveway access via Ustick Rd. preventing vehicles from exiting the site – requests a painted “square” is placed in that area to prevent stacking in that area to enable access out of the site. Key Issue(s) of Discussion by Commission: None Commission Change(s) to Staff Recommendation: At Staff’s request, included a condition requiring an ingress-egress easement to be depicted on the plat across Lots 2 and 3, Block 1 granting access to all lots in the subdivision. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2024-0060, as presented in the staff report for the hearing date of February 4, 2025: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2024-0060, as presented during the hearing on February 4, 2025, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2024-0060 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) W IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing continued from January 21, 2025 for Lennon Pointe Subdivision (H-2024-0060) by Rodney Evans + Partners, LLC., located at SE Corner of N. Linder Rd. and W. Ustick Rd. Application Materials: https://bit.ly/H-2024-0060 A. Request: Preliminary Plat consisting of 41 single-family/townhome residential building lots, one (1) multi-family residential building lots, one (1) commercial building lot and Seven (7) common lots on 8.80 acres of land in the R-15 and C-C zoning districts with some private streets. PUBLIC HEARING SIGN IN SHEET DATE: February 4, 2025 ITEM # ON AGENDA: 22 PROJECT NAME: Lennon Point Subdivision (H-2024-0060) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name LL 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT C�I w IDIAN*-- COMMUNITY DEVELOPMENT DEPARTMENT r A M O HEARING February 4,2025 Legend DATE: Continued from: 1/21/2025 Project Location 9491yi u TO: Mayor& City CouncilEl FROM: Sonya Allen,Associate Planner - 208-884-5533 - d._ SUBJECT: H-2024-0060 Lennon Pointe—PP,PS m �® LOCATION: 1515 W.Ustick Road, at the southeast corner of N. Linder Rd. and W.Ustick ® . Rd.,in the NW 1/4 of Section 1, T.3N., � R.1W. (Parcel#51201223115) I. PROJECT DESCRIPTION Preliminary Plat consisting of 41 single-family/townhome residential building lots, one(1)multi- family building lots, one (1)commercial building lot and seven(7)common lots on 8.80-acres of land in the R-15 and C-C zoning districts. Approval of private streets in a portion of the project is also proposed. This application is reviewed and approved by the Director; Commission and Council action is not required. Note:A Development Agreement(DA) exists for this property that requires future development to be consistent with the previously approvedplans for this site, including the preliminary plat, which was for the same lot configuration as proposed but with one (1) less lot. The previous preliminary plat expired on March 8, 2024.A time extension was not requested prior to the expiration date; therefore, a new preliminary plat application is required. The only changes to the plans are those required with the previous application and due to updates to the UDC since the previous submittal. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 8-80-acres Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Single-family rural residential/agricultural Proposed Land Use(s) Residential(single-family attached and detached homes,townhomes, and multi-family apartments)and commercial Lots(#and type;bldg./common) 41 single-family&townhome, 1 multi-family residential, 1 commercial and 7 common lots Pagel Description Details Phasing Plan(#of phases) 1 Number of Residential Units 59 residential units(3 single-family detached,30 single-family attached, (type of units) 8 townhome and 18 multi-family apartment units) Density Gross—7.35 du/ac.;Net—18.55 du/ac. Open Space(acres,total 1.33-acres(or 19.07%)of qualified open space [%]/buffer/qualified) Amenities Dog park,(2)dog waste stations,playground,pedestrian/bicycle circulation system with landscaping,multi-se pathway and(5)bicycle storage Physical Features(waterways, The Creason Lateral crosses the southwest corner of this site and the hazards,flood plain,hillside) Kellogg Drain crosses the southern portion of the site.Floodplain exists over a majority of the site. Neighborhood meeting date 10/7/24 History(previous approvals) H-2021-0071 (AZ,PP,CUP,PS—DA Inst.#2022-041093),ESMT- 2023-0098,FP-2023-0004 B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access One(1)full access is proposed via N.Linder Rd.and one(1)right-in/right-out access is (Arterial/Collectors/State proposed via W.Ustick Rd.,both arterial streets;access is also proposed via the Hwy/Local)(Existing and extension&connection of W.Pebblestone Dr and N.Zion Park Ave.,both existing Proposed) local streets stubbed to this property. Private Streets are also proposed internally for access and addressing purposes. Traffic Level of Service Linder Road—Better than"E" Ustick Road—Better than"E" (Acceptable level of service is"E") Stub Two local stub streets exist to the east(W.Pebblestone Dr.)and south(N.Zion Park Street/Interconnectivity/Cross Ave.)property boundaries that are proposed to be extended and connect into one street. Access Internal private streets are proposed for access and addressing purposes,which will connect to the extended local streets. Access to the commercial property at the northwest corner of the site is proposed via drive aisle connections to the proposed private street and the multi-family drive aisle. Access to the multi-family units is proposed via a drive aisle. Existing Road Network Internal road network is not existing. Existing Arterial Sidewalks/ There is existing 7-foot wide attached sidewalks along Linder&Ustick Roads. Street Buffers buffers will be installed with development of this project. Proposed Road Improvements Capital Improvements Plan(CIP)f Integrated Five Year Work Plan(IFYWP): • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in the future with the design year of 2025. • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten Mile Road in 2025. • Linder Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Cherry Lane between 2036 and 2040. • Ustick Road is listed in the CIP to be widened to 5-lanes from Linder Road to Ten Mile Road between 2021 and 2025. Note:Linder&Ustick Roads have already been widened to 5-lanes adjacent to this site. Page 2 Description Details Fire Service Comments received from FD on previous application) • Distance to Fire 1.5 miles from Fire Station#2 Station im • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 85%. _ • Risk Identification Risk Factor 4—commercial with hazards(multi-family waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds;Fire has signed off on Private Street layout. Addressing for project is very important for emergency responses;Applicant shall work with City Addressing Agent and the Fire Official to have lighted maps wherever necessary. Police Service Comments received from PD on previous application) • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximate 4-minute response time to an emergency. West Ada School District See school impact table in the Agency Comments folder in the project file. Enrollment in area schools is under capacity based on 2023-2024 enrollment numbers. Wastewater • Distance to sewer services Directly adjacent • Project consistent with Yes wastewater master plan/facility plan? • Impacts/concerns Flow is committed; see Public Works Site Specific Conditions Water • Distance to water services Directly adjacent • Project consistent with Yes water master plan? • Impacts/concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend nr' Pro}ec#Lava fan Proiea#Lac❑=orMCI _ HEEI mow' sift' w I 'i ffi1A .k . . dm i FHT�ffl .' { +` i Page 3 Zoning Map Planned Development Map cc cc Legend Legend Prof adi i Lacor. - Wolet Prn' t Laca-flor. Wo RUT RUT R-8 — P:arred Paro�. Ru : - RUT -. - RU RUT � EEE o RUT III. APPLICANT INFORMATION A. Applicant: Benjamin Semple,Rodney Evans+Partners, LLC 1450 W. Bannock St., Boise, ID 83702 B. Owner: Lane Development,LLC—PO Box 608,Eagle,ID 83616 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 12/3/2024 Radius notification mailed to properties within 500 feet 12/19/2024 Site Posting 12/9/2024 Nextdoor posting 11/26/2024 V. STAFF ANALYSIS A. Comprehensive Plan(https:llwww.meridianciV.or /�compplan) The subject property is designated as Mixed Use—Community(MU-C)on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip commercial type buildings. Page 4 Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The subject property was annexed in 2021 with R-1 S and C-C zoning districts and approved through a Development Agreement(DA) to develop with a mix of single family residential detached and attached homes, townhomes, multi family apartments and commercial uses as proposed with this application consistent with the MU-C designation. The proposed preliminary plat layout coincides with that previously approved for this property in accord with the DA and accommodates the site development plan included in the DA. The larger MU-C area is all developed except for the 4.6-acre property kitty corner to this site at the northwest corner of Linder& Ustick Roads, which consists of vacant land; office uses exist to the north across Ustick Rd. on a 4-acre parcel and an Ada County Emergency Medical Services center exists to the west across Linder Rd. on a 1.6-acre parcel. Overall, Stafffinds the proposed site design does integrate the project and proposed uses in appropriate manners. Specifically, the Applicant has proposed their multi family residential product along Ustick and the commercial buildings at the hard corner of the Ustick and Linder intersection which places the most intense uses closest to the arterials. Therefore, the single- family uses are proposed on the remaining area of the site that makes up approximately 70%of the site area. The single-family portion of the site is as proposed to be 2-stories in height and the townhomes are proposed to be 3-stories in height. Because of the proposed transitional density and placement of the proposed uses, this project is generally consistent with the concept diagrams in the City's Comprehensive Plan for mixed-use designations. Therefore,Stafffinds the proposed project to be generally consistent with the MU-C designation. B. Comprehensive Plan Policies (https://www.meridiancioy.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G). This project proposes a mix of residential housing types and commercial land uses in one development.All of the housing types in this area are detached single-family homes; therefore, the additional housing types will contribute to the variety of housing types available in this area. • "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 incorporates mews,private streets, an extension of public streets, common open space, and different land uses within the same project area. Stafffinds the proposed site design is compatible with adjacent uses through transitional density, buffering, and overall design. • "Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools, fire,and parks"(3.02.01 G). All public utilities are available for this project site due to existing facilities abutting the site. This project also lies within the Fire Department response time goal of 5 minutes.Linder and Ustick Roads are currently built at their ultimate anticipated widths directly abutting the site. Page 5 • "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum UDC standards for such.A large common area is proposed at the southwest corner of the site where the irrigation facilities and their easements lie. Additionally, there is a mew running north-south through the center of the development for the attached single-family units to front on green space rather than the road network, which adds a more livable component to the project. Other areas of open space are also proposed along the west boundary as a buffer from Linder Rd. as well as a dog park. All of the open space areas are accessible through pedestrian facilities that connect throughout the entire site. Staff supports the proposed open space areas and anticipates they will provide recreation, conservation, and add to the aesthetics of the project. • "Establish distinct, engaging identities within commercial and mixed-use centers through design standards."(2.09.03A). As discussed above, the proposed project offers a distinct set of uses and design that are currently not available nearby. The site plan included in the DA for this project incorporates two (2) commercial buildings at the northwest corner of the site with a shared plaza for use by the residents and future business patrons. This is a desired aspect of mixed-use areas that helps engage the commercial buildings with the residential component of a project. Additionally, in accord with the submitted elevations and site renderings, the Applicant is proposing distinct architecture for the project that creates a specific identity for this development and corner property. In addition to general Comprehensive Plan policies,projects in mixed-use areas should also aim to meet the mixed-use policies.Rather than list them all in this report, Staff has analyzed the project against them and finds the project to be consistent with a majority of those policies outlined in the mixed-use area of the Comprehensive Plan here. Therefore, Staff finds this development to be generally consistent with the Comprehensive Plan and a majority of the mixed use policies. C. Existing Structures/Site Improvements: There is an existing single-family detached home and accessory buildings on this property. All existing structures are required to be removed prior to the City Engineer's signature on the final plat for this property. There are existing sidewalks along Linder and Ustick Roads that will remain; care should be taken during construction to not damage these walkways. D. Proposed Use Analysis: A preliminary plat is proposed consisting of 41 single-family/townhome residential building lots, one(1)multi-family building lot for the development of 18 apartment units,one(1) commercial building lot for two (2)building pads and(7) common lots on 8.80-acres of land in the R-15 and C-C zoning districts. The plat is proposed to develop in one (1)final plat phase. A mix of residential housing types are proposed on 7.28-acres of land in the R-15 district consisting of three (3) single-family detached units, 30 single-family attached units, 8 townhome units and 18 multi-family apartment units. The proposed single-family and townhome uses are principally permitted in the R-15 zoning district;the multi-family residential use is a conditional use in R-15 zoning district per UDC Table 11-2A-2 and will require future approval of a conditional use permit(CUP); compliance with the specific use standards listed in UDC 11-4-3- Page 6 27 is also required.Previous CUP approval was granted but has since expired as a time extension was not requested prior to the expiration date. The commercial portion of the site consists of two (2)building pads totaling 12,000 square feet at the northwest corner of the site at the Linder/Ustick intersection on 1.47 acres in the C-C district. Tenants are unknown at this time,but the site plan included in the DA shows the larger building at the hard corner with a drive-through on the east side, and the smaller building along the south boundary of the C-C area adjacent to a shared plaza. If a drive-through is proposed in the future, it will require approval of a Conditional Use Permit(CUP) as it's within 300-feet of a residential use and district. See UDC Table 11-213-2 for allowed uses in the C-C zoning district. Commercial buildings require Certificate of Zoning Compliance(CZC) and Design Review application approval; compliance with UDC development standards will be evaluated at that time. E. Dimensional Standards(UDC 11-2): Development in the R-15 district should comply with the standards listed in UDC Table 11-2A-7. All of the residential building lots comply with the minimum property size standard;there is no minimum street frontage required in the R-15 district. Building setbacks and heights should comply with the standards listed. Development in the C-C district should comply with the standards listed in UDC Table 11-2B-3. There is no minimum lot size or street frontage requirement in the C-C district,nor are there minimum front,rear or interior side setback requirements. Buildings may not encroach in required street buffers or buffers to residential uses. Buildings should not exceed the maximum height standard of 50-feet. F. Subdivision Design&Improvement Standards (11-6C-3): All subdivisions are required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. A common driveway is proposed on Lot 13 off N. Zion Park Ave.,a local street, for access to the single-family homes proposed on Lots 14-16,Block 2 at the southeast corner of the site as shown in the exhibit in Section VII.0 below. The driveway complies with the standards for such listed in UDC 11-6C-3D pertaining to maximum number of dwelling units to be served by the driveway and the number of units located on one side of the driveway, and the minimum width and maximum length standards. The exhibit depicts the proposed building envelopes with building setbacks—the side,rear and front setback to living area comply with the standards but the front setback to garage is below the minimum 20-foot standard—a portion of the 20-feet is depicted on the adjacent common lot where the common driveway is located. The plat should be revised to reflect wider building lots to accommodate the front setback to garage on the building lot so that parking pads in front of garages are on privately owned lots rather than common lots. A minimum 20-foot wide perpetual ingress/egress easement should also be depicted on Lot 13 for the common driveway(or the driveway may be placed in a separate common lot), and a plat note should be included for the easement,which requires maintenance of a paved surface capable of supporting fire vehicles and equipment. Street names should be included on the plat in accord with the names approved by the Ada County Street Name Review Committee in the final approval letter included in Section VII.G below. G. Access(UDC 11-3A-3, 11-3H-4)&Private Streets (UDC 11-3F-4): One(1)full access is proposed via N. Linder Rd., an arterial street,which may be restricted to a right-in/right-out if warranted by ACHD in the future; and one(1) access is proposed via W. Ustick Rd., an arterial street,which is restricted by"candles"in the center median to right- Page 7 in/right-out.Access is also proposed via the extension and connection of W. Pebblestone Dr at the east boundary of the site and N. Zion Park Ave. at the south boundary of the site,both existing local streets stubbed to this property. A Traffic Impact Study(TIS)was not required as less than 100 residential units are proposed. An emergency access exhibit was submitted, included in Section VII.F,that has been approved by the Fire Dept. An in regress easement should be provided on the plat across Lots 2 and 3, Block 1 rig access to all lots in the subdivision. Twenty-six(26) foot wide private streets are proposed on Lot 4,Block 1 for addressing purposes and for access to/from the single-family attached and townhome units on the western portion of the site. Because the lot is wider than the actual easement for the private streets,the easements should be depicted on the lot to delineate the location of the private streets. Connection points are proposed via the local street(W. Pebblestone Dr./N. Zion Park Ave.) on the eastern portion of the site. The proposed development incorporates a mew in accord with the purpose statement for private streets; a gated development is not proposed. The private street should be a loop off the local street and should not extend to the west of N.W. 15'"Ln. along the north side of Lot 11,Block 1; Lot 4,Block 1 should terminate on the west side of N.W. 15"Ln.A cross-section of the proposed private streets is included below and in Section VII.B,which demonstrates compliance with the standards for private streets listed in UDC 11-3F-4. Five-foot wide sidewalks are proposed along private streets. The proposed private streets shall comply with the construction standards listed in UDC 11-317-413.2. An ingress/egress/cross-access easement shall be depicted on the plat granting access to all lots in the subdivision to use the private streets on Lot 4,Block 1.All drive aisles/private streets shall be posted as fire lanes with no parking allowed as set forth in UDC 11-3F-4B.2d.In addition,if a curb exists next to the drive aisle,it shall be painted red. RIGHT-OF-WAY WIDTH=3UFT 5 WIDTH S WIDTH SIDEWALK STREET WIDTH BACK OF CURB TO BACK of CURB=26FT SIDEWALK �• CENTER CROWN BETWEEN CURBS L%MAXI 296 2% 96 7MAR Law 2 1 � � PRIVATE ROAD SECTION SCPLE NTs A maintenance agreement was submitted for the proposed private streets,included in the project file,which appears to only require property owners of single-family and townhome lots to pay for maintenance costs associated with the private streets within the development, which all lots,including the commercial and multi-family development,will be using. Because this would place and undue hardship on residential lot owners, Staff recommends the maintenance agreement is amended to include proportionate cost-share for maintenance of the private streets between all lots within the subdivision. Page 8 The driveway via Linder Rd. for the commercial portion of the development and the drive north of Lot 11,Block 1 between the townhomes and commercial lot should include a cross- access/ingress/egress easement for all lots within the subdivision to use these driveways. Note:Staff is only supportive of the proposed layout with the private streets because of the previous development approved and entitled to develop on this site, which included private streets in the proposed layout. The proposed site layout with both commercial and residential uses utilizing the private streets places an undue burden on the homeowners in Staffs opinion and should not be supported in the future. H. Pathways (UDC 11-3A-8): A 10-foot wide multi-use pathway is required along the Creason Lateral in the southwest corner of the property,which will provide a connection between the existing pathway to the south and the sidewalk/pathway along Linder Rd. in accord with the Pathways Master Plan. A public use easement(ESMT-2023-0098)was previously recorded for the multi-use pathway on this site in conjunction with the previous development application; however,the Park's Dept. requested this easement be vacated and a new easement recorded in a new location,which is currently in process(ESMT-2024-0165). The easement should be graphically depicted on the plat along with a reference to the recorded instrument number of the easement. The landscape plan depicts the correct location of the pathway. Internal pedestrian pathways are also proposed for access through common areas within the site and for interconnectivity between residential and commercial uses in accord with development guidelines for mixed-use developments. 1. Sidewalks(UDC 11-3A-17): A 7-foot wide attached sidewalk exists along Linder and Ustick Roads abutting the site. Because these sidewalks were recently constructed with the associated road widening projects and are in good condition, Staff does not recommend they're reconstructed as detached sidewalks as typically required by UDC 11-3A-17. In consideration of pedestrian safety as well as traffic calming for the site, the DA requires all pedestrian crossings that cross the private street and any drive aisle be constructed with brick pavers, stamped concrete, or equal,as outlined in UDC 11-3A-1913.4b. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N.Linder Road and W. Ustick Road,both arterial streets,measured from the back of the attached sidewalk,with landscaping per the standards listed in UDC 11-313-7C. A 25-foot wide common lot is depicted on the plat adjacent to both streets;however,the southern portion of the buffer along Linder cannot accommodate trees in the common lot due to the location of the Calkins Lateral easement. The UDC(11-3B-7C.lb) states that where the buffer is encumbered by easements or other restrictions that the buffer area shall include a minimum 5-foot wide area for planting shrubs and trees outside of the easement. The landscape plan depicts trees outside of the easement area as required. Lawn and other grasses requiring regular mowing shall comprise no more than 65% of the vegetated coverage of the buffer; all other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover as set forth in UDC 11-3B-7C.3e.Also, because the buffers were counted toward qualified open space, enhanced buffers are required per the standards in UDC 11-3G-3B.3 and 11-3B-7C.3f.Revisions shall be made to the landscape plan to comply with these standards. Page 9 Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C,which include a mix of trees and shrubs along with lawn or other vegetative groundcover. Landscaping is depicted on the landscape plan in accord with UDC standards. A portion of the multi-use pathway lies within the easement for the Kellogg Drain,which prohibits trees—trees are placed outside of the easement area. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-5B.3,which requires one (1)tree per 5,000 square feet of area with a variety of trees, shrubs, lawn, or other vegetative groundcover. The calculation table on the landscape plan should be updated to reflect compliance with this standard;the calculations included on the plan are not up to date with current standards. The proposed C-C zoning district requires a minimum 25-foot landscape buffer to a residential zoning district,landscaped per the standards listed in UDC 11-313-9C. This buffer is not required with the subdivision improvements but will be required with development of the C-C zoned lot. The buffer depicted on the landscape plan is below the required minimum width; the previous development application for this site proposed 10- feet on the C-C zoned property and 10-feet on the R-15 zoned property with the requirement of an additional 5-feet to be provided. Staff is amenable with this request if still proposed because it's a mixed-use development,provided a dense landscape buffer consisting of a mix of evergreen and deciduous trees,shrubs,lawn,or other vegetative groundcover is provided that allows trees to touch within five(5)years of planting as set forth in UDC 11-313-9C. K. Waterways(UDC 11-3A-6): The subject property contains two major waterways,the Creason Lateral and the Kellogg Drain, that encompass area on the south and southwest portions of the site. The Applicant proposes to pipe the Kellogg Drain and re-route it further to the south to make more area of the site usable as well as provide open space and pathways in the southwest corner of the site and along the west boundary. Both waterways are proposed to be piped in accord with UDC 11-3A-6 to provide more usable open space area for the site. The easements for such are depicted on the plat. The easement should also be clearly depicted on the landscape plan to ensure no trees are located within the easement. A majority of the site is in the floodplain in zones AE &X,which will require a floodplain development permit before any site work begins. L. Qualified Open Space (UDC 11-3G): A minimum of 15%qualified open space meeting the standards listed in UDC 11-3G-3 is required for the single-family and townhome portion of the development. Analysis on the open space area associated with the multi-family portion will take place with the future CUP application. Based on 6.96-acres,a minimum of 1.05-acres of qualified open space is required;the open space exhibit submitted with this application, included below in Section VII.E, depicts a total of 1.33- acres(or 19.07%). Proposed open space consists of linear open space exceeding 20' x 50' in area with an access at each end improved with landscaping, open grassy areas exceeding 5,000 square feet in area, 50%of the arterial street buffers along Linder&Ustick Roads, stormwater retention facility, and a plaza with a minimum dimension of 20' in all directions,which meets and exceeds UDC standards. In order to count toward the qualified open space requirement,the arterial street buffers are required to comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3; Page 10 stormwater detention facilities are required to be designed in accord with UDC 11-3B-11 Stormwater Integration(gravel, rock, sand,or cobble stormwater facilities are not permitted on the surface of required landscape areas,unless designed as a dry creek bed or other design feature); and the plaza is required to be design in accord with the standards in UDC 11-3G-3B.1d,which requires hardscape, seating,lighting in accord with UDC 11-3A- 11 and landscaping. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(8.75 acres), site amenities totaling a minimum of two (2) points are required to be provided per the standards listed in UDC 11-3G-4. The applicant proposes amenities consisting of a dog park with a dog wash station(2 points),two (2)dog waste stations(1 point), a tot lot with commercial grade play equipment(1 point), a short segment of multi-use pathway, internal pedestrian/bicycle circulation system with landscaping and(5)bicycle storage exceeding the minimum standards. The dog park,dog waste stations and tot lot should comply with the associated standards for such in UDC 11-3G-4C included below; the landscape plan(or a detail) submitted with the final plat application should demonstrate compliance with these standards. The dog park should include bags for dog waste disposal, a double entrance gate,benches and fencing to enclose a minimum of 5,000 square feet and secured open space for an off- leash dog park.The waste stations should be an installed in the ground fixture with waste disposal bags and trash receptacle. The tot lot should have commercial grade play equipment scaled and designed for the use and safety of younger children; benches for seating should be nearby. N. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is proposed as shown on the landscape plan.All fencing is required to comply with the standards listed in UDC 11-3A-7. A separate fencing plan was submitted as shown in Section VII.I,that complies with UDC standards. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations and renderings were submitted with this application, included in Section VII.H below,that are generally consistent with those approved with the previous development application and included in the DA. An administrative design view application is required to be submitted for all structures on the site except for the single-family detached structures. The final design is required to comply with the design standards in the ASM and the conceptual elevations included in the DA. A Certificate of Zoning Compliance(CZC)application is required to be submitted for the multi- family residential and commercial portions of the development,which should be submitted concurrently with the design review application. VI. DECISION A. Staff: Staff recommends approval of the proposed preliminary plat application per the Findings in Section IX of this staff report. The Director tentatively approved the private street application. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 19,2024. At the public hearing,the Commission moved to recommend approval of the subject PP request. Page 11 1. Summary of Commission public hearing_ a. In favor: Ben Semple,Rodney Evans+Partners b. In opposition: None C. Commenting: Joy Furlipa d. Written testimony: Ben Semple,Rodney Evans+Partners(in agreement with the staff report conditions) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Concern with traffic stacking in front of the driveway access via Ustick Rd.preventing vehicles from exiting the site—requests a painted"square"is placed in that area to prevent stacking in that area to enable access out of the site. 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. At Staff s request,include a condition requiring an ingress-egress easement to be depicted on the plat across Lots 2 and 3,Block 1 granting access to all lots in the subdivision. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: Pending Page 12 VII. EXHIBITS A. Preliminary Plat(dated: 10/25/24) ft�!l� IL- 1 mNOISIAicens 4a r y 9 �g g � _-�a�y a�kl �1�. �� Ally f ➢ IH {!� ,99� �; ��@p !! E 7i l+ psi €� : l 1 MaI z I� r � err 0 I '� 2L' __g 'd` , �ogtu ^Is ii; <. rid l! ii% le iii li ii9 ii L— a. r L I I I I I - --- - _ % I _ ' A- ; N� a['Yx fnSEas J ' b T C ] + y C w 3 F e u5p� III � $ 43€ 3 �o Sa ( g o[ fir g4 Page 13 NO IS IA cons will J� I , � I " I I • I I , ! I I A� IN r J Q < t• I _ � I � I `a I I °a I dd�f++ r'' I I I '—I" j e� �y I I ` �� i � •�� I o a „o oII,� �IlO .alla .ollo � � � '�I '� I I I � l ii I p•ifh� 'I Ili 7T, (� + /� Ilr�1 nn Ilp �� f/ i .• !� 'Cl IIv G II� l Y' - ml .g 1L 3 3 3 3 3 3 3 • 3 3 3 3 3 3 3 yp � @9 { FFF E';E FE�fiE Page 14 B. Private Street Cross-Section(dated: 4/19/23) arm meeeai'asae Z VlV1301IN0 9wain%Qo u&Ls@M "16J1'�ONNtlB"M ZM ��w'dnoa•��Nli�nsNo�rraZ�s�M NOISIAIa9ns G e, MNIOd NONN3l V V yyy g�jy .- � 0 au�mu aw+mu � ¢ 9a �y9 V F2 In H V) �d 6 � yard aawanwnas yaw wao j q ig g � Page 15 C. Common Driveway Exhibit � I �; v�va�'•av3e cs I r I o m .I I � lI 3AINCI NOVIMOO woa3 I } � x�vel3s 3svavO �roz f �a woa� R NOV9135 3Jtl atl ,I b l l x Va133 OaV,�iNOaQ,IC L6 4 f y - I � Y Y I' 3Aia0 NOYINm I � I f •°° a 01 010 W Um X + r N W 9 w •`;' - _� iI- n,i Ill II—P.•y 1 I-T. —IN sill,u Page 16 D. Landscape Plan(dated: 10/11/2024) dnl MD soeesa+•35ba �,uUJ 5N00 WI-laM VOO'eoR mns'AW IVUDMd 5 use fix•ewaEi ONILlMMW NWRLS" 31 NDd NONN31 4 5 R tit go Mill R� y GgSg ! & 7 C jib .. � 9 fll I �5@I�lgpe 11°aa11, 11 h Ili E a � 6 $ efp °£ l S �• !gg R � 9 . $g.e a �b 1F�`ea as@g " 1I Hill Hill, w� R�iY Rezaa�$ee�s9E�Ee74 fa� �a ��ii�gy(� 8pg ep§ � a •• 9+a• e!!• d� pp@�(g�C�� �°g�i�i60p�Q�°�� =a� Jill q I I I � I II •`` r• it it r I e J r 4[ r CIO 0 I J Page 17 dnoo sects a asloa 94LIMOD UIS;M nm to,3Lf1S'Aym wu3md S LM n g � d'driouo C M111SWO WaISW NOIS IAloonS 1 '1J € tltlyy q E p aMod NONNd-1 a � 1MM i�!■L� 228 66 y Y MINIM, � g3�� Eagg� iyg9��� 4 d EE 'gg lib 5 �$ yqyq a � J � y3 �: zeS� gps 9$¢ pBaRa yp4g p$p Jj9 a aY1 • dRRe � SRaai ¢Qa�3ly $e CGSE$ S Iyy U1 g 9 ��E€ pgp eg,g g ppd a91 a �e� �` � s444g y@ j �9 SE . gEggRg 4 ip9$ y 9a� i � 9 gg $ §q ipg AgYh �i � g 8 ��i� ;� � Yb4 �gg=i •qi � �g �Ra��3�� gi�,1� �� 9 � �Y� �g O p��� tp� w�ajp��g3i� ���` oilo Y iB k � k 79 6 "gi� ��15�8l pill 1 1211 1! !��pH u� � 5� p�p�gyI N O 0. RISFEy� i 9 F •t ilia g11 F R 111 !g ■Y gg� g gllggll €g�= IIlI � II �gll �glll i :_@ �q 4�d6 dca ��a �9i6 I I I I 31 E t _ IY . 4. � I o. _ 5 a II - I ❑ = ¢` �F cl w �Fip 7 e 0 Page 18 nir i•n ��.�ay;� �■ozo�o net ®a ©m A7....a���;�®a ®m . Ammm...:Am ' ®m °mmm°lmm°aam®o��mam°e®immFlNFull o °►4 "ne �, ?2�=WIN ®l 1p sec N •! ®° om�m it ®mem®mml °mNi®m ©mm I c i a°�m�o= �il III ®m ■ . . ■ al®°®lilac®® rr dnobD svccsoi' iae `.XdLlf15NO71Jtl31.43M ',Ynd'"wo DMILlnsmoo NG9YS]M �••� NOISIN9H(iS m 31NIOd NONN31 gS dd R Z g 5218le m uj ' •i .i � - I 'I � I o • Y Jgx ��y �. � JJJJJ 'J' -•® JJJJ J 1. JJJJJJJJJJJJJ ,iJ'JJJ "e ,�''•'•'• W ® I JJJJJJJJJ JJJJJ) JJ JJ -'' wLU l FI �. W i ' W Y P�-1••- Wr LLY W x r �.:3H0 I/ N as a'�]aNn .� 9�Lii Page 20 dImr saLcsa,'3spa UNLLInSNQD NN3L53M voo'eo;3L=lS'Aw-Tv 3mi s Lm • OTM'"UO OHLLl11SWO HJEM-Sa 6 NOISIN9Hfi5 31NIDd NONN31 a 21 LLJ _ R y t g a I Y R W Y W Rgg R LL �1ZLUL �Y a WLL L DS 1110 �€ � 6 b ° EMU Ell m LU la 5 wi W •Sm 7n v2-�P ��� ^� ��m O �^�a I � �a a-• � J� as JJ� � W F k 'k Sep af3'�^e I� 4a £'1133H533S 3NIlH�ldW _" ------- — J Page 21 dnaND socraoi'askoa 9XLLln5N40 IJtI]14aM K O V;3LnS'AW laL9®i 5 cur • 011id'd)DU i ONLOrISM67 MSL53a1 HOISIN9Hf15 UNIOd NONN3i Nil H will Jim m� TS Ye � �R55 i pp ee AAddW Milli" cIFiiii E jH tH aMlTj p p p p p p w [ [ 5 g w �I eaaaaa ea �I 3 $ $ R $ $ S F S W A 3 Y • I M Y • k b k � h Y k Y 1 k h Y h } h S F F M w M S S h h M S M h � r � � � � � � � � � aeaieaeaeaeeaea aeedieiii ii � iidiai � ii g��ff fli Jill H11I 1s��E�4$ $ 1&141F1 i I I d1$1 �1 $ LE oI ffiA e • " " A 9S o W 6 6 N 8 R B E R 8 9 a B 8IR eigaa 3 & 8 jm € e48 Q d e t E3 ie @ 4Q e t f g ssm ae a $ ss € Page 22 E. Open Space Exhibit(date: 10/11/2024)&Amenity Detail 40, G] 111 z r W 4 N g � a W ¢ D w Ir a �dF�.M1LL Ulm {� Qu Z F m Z O N K N O e' ❑ U U) //�� [J� UW LL n g G a V KV H K N�. Ir��l S��S'•�.20 t}t q 0 LZ-1 FF 2 pZp O Q q 0' LL N n N J NF W�Wr�Z a ❑ tiaarcz y2Y W, O Q .9 f� Z UF?d SLL HQ OL-a ^ 4JJ V Q4 2400 O � aH 49�l7 V j y W �, '�9, d yo.�..ig'�J� w LL yoOQ W ❑ af0- wowo z.,E II�PF_ J w () ❑ �N ioO Fc Z wOo a3c�7 Fu aw W L.L OoxFo; gc r10 =�`�wo J ow u�>jQ Q oaaV ❑ r 0 F1gdO � ircd Z UU 00 rca U [n J I� o - I \ ' ❑ III r U ~ ms D � I � W s Q d --� fh e m LU ;{ o o — - 0 '0�J JEGNII 'N �I- iu, ql 1 ITT.. ..- IF -I.,lu W q� 2 (7 u w o u m 4 Page 23 b' illll II F. Emergency Access Exhibit X313NI HV Id OM zkts '35IO8 1N3W3AOMdWl Avmavou e ` LIfYW NMI-'AM -LS)IDONNY9-M ZRVI �° T g • '.Tlld'dMMO EHUIMNOO NaR�MM NOISIAl ClO1S 0 31NI0d NONN3l b G z. 6 4� 3 w 0 -- I t: W I I x i i 1 �� _ W� NJI:JN VfilVll li`.I VLllil l- - - - -- x _ l 4 1 '•—_ _—W vj-IJ3TICK ENTRM7CE'.: LU W,4 NW 157H LN N V—_ - _ _ _ _ , 1 rr I N V I J ,- F til Twillfi{� 7 ! N LINDER ROAD A ' I Page 25 G. Street Names Approved by the Ada County Street Name Review Committee :r ev1110 19 _ 2E FF all 9� {U �✓ t �p tm 9 � a� w € { �yr,� � 5O'�E9 M,S4,EOAO6 9p�a xen ai ue a a c RR.Sa ]y I 171 1 i 0 ! 0 0 !0 0 ! 0 0'10 ryO 5 ffY Ae C['PE .°f`ce OtY[ {diCN Aa ii de iL Ae G[ °i [ [SM _ (OVUIi�Il9 fld)-3Atl]IMVd N4�2-N O a W'fL Wii OQ'H W'[i AYH Ai'l � a HE ff �u of '� 1 �@I C11 Ala I oil@ a.(D e .cvx isu N4 $ 00 ��NlQH15T MN , m �o s a a a� 81� (DI� o1- o a ak R� 0 � oow a ,95'SL i M.EO.[0 AON ��? ro� xiana 6 R - -aaon]n•[ram ,EP9[Vi x .. ,GT'669Z M.EO.I9.00N �Nt211017]9 do SISVU Page 26 H. Conceptual Building Elevations See the project file for renderings of the proposed structures (https://weblink.meridianciU.org/WebLink/Browse.aspx?id=367303&dbid=0&repo=MeridianQ E � I LEE 7. g fir. � VIA �N e b �Iti �I I I I' I I ' Kpp I f II� I I I I I I I I I I I I I I Page 27 gin: •n II II�Ig - IIIIIIIIII O"EM ;;:�.� -I ; -- ==1::■= ::■I .. 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I _ � I� o M141EE] tl El Page 29 e n �Tj tilt 1I 6 ��- �Iz gti s I I _ I I I I I I I I = I I I I I I I I I h I 41 lab I I Y I I — I I Page 30 o� No 0 �I rl I I I I I W I L� I I I I I I I I � ale d b �I d� di° FI FI ° I I I I fi 1 J 'w Page 31 x Y d$ h h �If 1I- II � - �4 _ Wp i II� 9 = F I Page 32 � � | � � � | || � | � § � � � | � § § � � § � � | | � | � � | | | � | § � \ | � � � �� lb ° \ � \ ; ...... ..... ............... .... ........ ----------------- ............ ............ .... ........ ............ ... ........ ............... ..................... ........ ...... ..... ....... § ...... --- §| §� , i i § § � � \ / Page 33 5 � , | . • � | I \ ( — � .. § �. §2 � ƒ . ` \ \ § � \ §MIT Ll �( I Page 34 I. Fencin Plan lan(dated: 12/17/24) x Z Le ^Le W ❑ �D yD w� Z LU �m Um pp¢ LL¢ LU S[7 a[7 n Z U Z LU L �9 ou I I I I I I A V/ z L `� 2 L7 w w ❑ ti m C Page 35 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The developer shall comply with the provisions of the existing Development Agreement (DA),recorded as Instrument No. 2022-041093, associated with H-2021-0071. 2. The final plat shall include the following revisions: a. Widen Lots 14-16,Block 2 to accommodate the minimum front setback of 20-feet to the face of garage on these lots. b. Depict a minimum 20-foot wide perpetual ingress/egress easement on Lot 13 for the common driveway and include a note for the easement requiring maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C- 3D.8.Alternatively,a separate 20-foot wide common lot could be included for the common driveway. c. Plat note#7 includes incorrect common lot numbers;revise accordingly and remove the portion pertaining to the common driveway. d. Depict a 26-foot wide easement for the private street on Lot 4,Block 1 and include a note granting an ingress/egress/cross-access easement to all lots in the subdivision to use the private streets on Lot 4,Block 1. e. Include street names on the plat consistent with those approved by the Ada County Street Name Review Committee as shown in the exhibit in Section VII.G above. f. Graphically depict the public use easement(ESMT-2024-0165) for the multi-use pathway on the site along with a reference to the recorded instrument number of the easement. g. The private street shall be a loop off the local street(i.e.N. Zion Park Ave./W. Pebblestone Dr.) and shall not extend to the west of N.W. 15th Ln. along the north side of Lot 11,Block 1;the private street shall terminate on the west side of N.W. 15t'Ln. h. Depict an access easement for the driveway proposed via N. Linder Rd. to the commercial property on Lot 3,Block 1 and for the driveway along the north side of Lot 11,Block 1 between the townhomes and commercial lot;the easements should grant access to all lots within the subdivision. i. All drive aisles/private streets shall be posted as fire lanes with no parking allowed as set forth in UDC 11-317-413.2d. In addition,if a curb exists next to the drive aisle,it shall be painted red. j. Depict an in-r�gress easement across Lots 2 and 3,Block 1 rig access to all lots in the subdivision. 3. The landscape plan,included in Section VII.D, shall be revised as follows prior to submittal of the Final Plat application: a. All pedestrian crossings that cross the private street and any drive aisle shall be depicted with brick pavers, stamped concrete, or equal, as outlined in UDC 11-3A-19B.4.b and per requirement of the development agreement. b. Include details that demonstrate compliance with the Quality of Life amenity standards for the dog park and dog waste stations in UDC 11-3G-4C; and with the Recreation Activity Area amenity standards for the tot lot in UDC 11-3G-4D. Page 36 c. Clearly depict and label the irrigation district easements for the Kellogg Drain and the Creason Lateral; ensure no trees are placed in these easements. If easements prevent compliance with UDC landscape standards, alternative compliance may be requested to the standard. d. Demonstrate how the arterial street buffers comply with the enhanced buffer requirements listed in UDC 11-3G-3B.3 and 11-313-7C.3f;make revisions as necessary to comply with these standards. e. Stormwater swales shall be landscaped per the standards in UDC 11-3B-11C.Note: Gravel, rock, sand, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. f. Depict landscaping within the street buffers along Linder and Ustick Roads per the standards listed in UDC 11-313-7C.3e,which require lawn and other grasses requiring regular mowing to comprise no more than 65%of the vegetated coverage of the buffer; all other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover. g. Revise the calculations table to reflect a minimum of one(1)deciduous shade tree in common open space areas for every 5,000(instead of 8,000) square feet of area in accord with UDC 11-3G-5B.3 to comply with the current standard. h. Depict a dense 25-foot wide landscape buffer to residential uses entirely on the C-C zoned property; or, split between the C-C and R-15 zoned properties,with dense landscaping consisting of a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that allows trees to touch within five(5)years of planting as set forth in UDC 11-313-9C. 4. Future development shall comply with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC Table 11-2B-3 for the C-C zoning district. 5. The Applicant shall comply with all ACHD conditions of approval. 6. The plaza in the residential portion of the development shall have lighting in conformance with UDC 11-3A-I I and landscaping in accord with UDC 11-313,per UDC 11-3G-3B.Id. Details that demonstrate compliance shall be submitted with the final plat application. 7. A revised common driveway exhibit shall be submitted with the final plat application that reflects the revisions to the plat noted above. 8. A floodplain development permit shall be required prior to any site work occurring on the property. 9. All fencing shall comply with the standards listed in UDC 11-3A-7. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 11. The subdivision shall be constructed in one(1)phase of development as proposed with this application. 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 set forth in UDC 11-313-14. Page 37 13. The applicant and/or assigns shall comply with the private street standards as set forth in UDC 11-3F-3 and 11-3F-4 and shall obtain final approval of said private streets within one(1)year of approval of the preliminary plat. 14. The maintenance agreement for the private streets shall be amended to include proportionate cost-share for maintenance of the private streets between all lots within the subdivision. 15. Business hours of operation within the C-C zoning district shall be limited from 6 am to 11 pm as set forth in UDC 11-2B-3A.4,unless otherwise approved through a conditional use permit. 16. All existing structures shall be removed prior to the City Engineer's signature on the final plat for this property. s4mitted to the Planning Division verifying all land iments afe in sobstaa4ial cempli-anee with the approved landseape plan as set fer L in 1-1-IT11 3B 14.Duplicate condition. 18. Any drive-thru establishment use shall require Conditional Use Permit approval in accord with UDC 11-4-3-11. 19. A conditional use permit shall be submitted for approval of the multi-family residential development on Lot 2,Block 1 prior to submittal of a Certificate of Zoning Compliance and Administrative Design Review application. Compliance with the specific use standards listed in UDC 11-4-3-27—Multi-family Development is required. 20. The Applicant shall submit an application for Administrative Design Review(DES) for the attached single-family and townhome units prior to building permit submittal. 21. The Applicant shall submit an application for Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)for the future commercial buildings and multi-family structures prior to building permit submittal. 22. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. To access other City and Agency comments and conditions,please copy and paste the following link in your browser: https://weblink.meridiancity.org/WebLink/Browse.aspx?id=367302&dbid=0&repo=Meridian City IX. FINDINGS A. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan regarding land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) Page 38 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property.ACHD considers road safety issues in their analysis and has approved the proposed road layout and connections to adjacent arterials. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic, or historic features that exist on this site that require preserving. D. Private Street Findings: In order to approve the application,the director shall find the following: 1. The design of the private street meets the requirements of this article; The Director finds that the design of the proposed private streets complies with the standards listed in UDC 11-3F-4. 2. Granting approval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity; and The Director finds that the proposed private streets would not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity if all conditions of approval are met. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan.(Ord. 05-1170,8-30-2005,eff.9-15-2005) The Director finds the use and location of the private streets do not conflict with the comprehensive plan or the regional transportation plan because the proposed design meets all UDC standards, and the project is also extending the required public streets through the site. 4. The proposed residential development(if applicable)is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) Page 39 The Director finds the proposed residential development is a mew development by having a majority of the units facing green space instead of the adjacent streets. Page 40