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HomeMy WebLinkAbout2025-02-18 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 18, 2025 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor (4:36 PM) Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the January 28, 2025 City Council Work Session 2. Approve Minutes of the January 28, 2025 City Council Regular Meeting 3. Approve Minutes of the February 4, 2025 City Council Regular Meeting 4. Holiday Inn Express Full Release of Sanitary Sewer and Water Main Easement (ESMT-2023-0128) 5. TM Creek Subdivision No. 7 Pedestrian Pathway Easement (ESMT-2025-0012) 6. Friendship Subdivision Lutheran Church of Ada County, Idaho, Inc. Sanitary Sewer and Water Main Easement (ESMT-2025-0013). 7. Inglewood Place Subdivision No. 2 Water Main Easement (ESMT-2025-0014) 8. Franklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2025- 0016) 9. Franklin Industrial Sanitary Sewer and Water Main Easement No. 2 (ESMT-2025- 0017) 10. Final Plat for Keep West Subdivision (FP-2024-0022), by Jarron Langston, Dawson, located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. 11. Final Plat for Winco Wells Subdivision No. 2 (FP-2018-0018) by TAIT, located at 2600 E. Overland Rd. 12. Final Plat for Tanner Creek Subdivision No.1 (FP-2024-0024) by Engineering Solutions, located at 615 W. Waltman Ln. 13. Final Order for Stonehill Crossing Subdivision (FP-2024-0020) by David Evans and Associates, Inc., located near the South side of W. Amity Rd., midway between S. Meridian Rd. and S. Linder Rd. 14. Findings of Fact, Conclusions of Law for Lennon Pointe Subdivision (H-2024-0060) by Rodney Evans + Partners, LLC., located at SE Corner of N. Linder Rd. and W. Ustick Rd. 15. Findings of Fact, Conclusions of Law for Fairview Drive-through (H-2024-0049) by Ethan Mansfield, Hawkins Company, located at 4300 E. Fairview Ave. 16. Findings of Fact, Conclusions of Law, for 3970 E. Overland Rd. (H-2024-0053) by Dominic Pera, JGT Architecture, located at 3970 E. Overland Rd. 17. Findings of Fact, Conclusions of Law for Werre (SHP-2024-0004) by Benjamin Semple, Rodney Evans and Partners, LLC., located at 2945 W. Ustick Rd. 18. Second Modified Development Agreement (L & G Murgoitio LLC/Timber Creek) Between City of Meridian and L & G Murgoitio LLC for Property Located at the Northwest Corner of S. Locust Grove Rd. and E. Columbia Rd. 19. Development Agreement (Apex Zenith H-2024-0052) Between City of Meridian and DWT Investments LLC, SCS Investments LLC, SCSH Properties LLC, and Brighton Investments LLC for Property Generally Located in the Southeast Corner of Meridian Rd. and Lake Hazel Rd. 20. Memorandum of Understanding between the City of Meridian and Light My Fire, Inc. 21. Task Order for Linder Road Medians Lighted Sculptural Art: Design, Engineering, Fabrication, and Installation 22. Professional Services Agreement for Preparation of Public Art Plan Between Via Partnership, LLC and the City of Meridian ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 23. Proposed Updates to Title 2, Meridian City Code, regarding City Commissions 24. Finance Quarterly Update 25. Comprehensive Financial Plan Updates ORDINANCES \[Action Item\] 26. Ordinance No. 25-2073: An Ordinance (Apex Zenith H-2024-0052) for rezone of a parcel of land being all of Government Lot 4 and a portion of Government Lot 5 of Section 6, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 71.44 acres of land from the R-4 (Medium Low-Density Residential) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 27. Ordinance No. 25-2074: An ordinance (Apex Zenith – H-2024-0052) annexing a parcel of land located in the east half of the northwest quarter of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 77.71 acres of such real property from RUT (Rural Urban Transition) to C-G (19.19 acres) (General Retail and Service Commercial) and R-15 (58.52 acres) (Medium-High Density Residential) zoning districts; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener EXECUTIVE SESSION \[Action Item\] Per Idaho Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter into executive session made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener Into executive session: 7:05 PM Out of executive session: 7:43 PM ADJOURNMENT 7:43 PM E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 28, 2025 City Council Work Session Meridian City Council Work Session January 28,2025 Page 24 of 24 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move to adjourn the workshop. Strader: Second. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:45 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 28, 2025 City Council Regular Meeting Meridian City Council January 28,2025 Page 39 of 39 Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 25-2072. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 25-2072. Is there 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. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the meeting. Strader: Second. Simison: Motion and second to adjourn the meeting. All in favor saying by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7.58 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 4, 2025 City Council Regular Meeting 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 V IDIAN� AGENDA ITEM ITEM TOPIC: Holiday Inn Express Full Release of Sanitary Sewer and Water Main Easement (ESMT-2023-0128) ADA COUNTY RECORDER Trent Tripple 2025-010330 BOISE IDAHO Pgs=1 ANGIE STEELE 02/18/2025 04:42 PM CITY OF MERIDIAN, IDAHO NO FEE Holiday Inn Express ESMT-2023-0128 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main GRANTEE: CITY OF MERIDIAN GRANTOR. Hotel Developers - HIX Meridian LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated December 15 , 2021 and recorded as Instrument Number 2021-175980 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 18th day of February 2025 CITY OF MERIDIAN Robert E. Sim on, ayor 2-18-2025 Attest by C1#s John's"' "y Clerk 2-18-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. C HARLE N E WAY Cha&YcW" COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 7 Pedestrian Pathway Easement (ESMT-2025-0012) ADA COUNTY RECORDER Trent Tripple 2025-010331 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 ANGIE STEELE 02/18/2025 04:44 PM TM Creek Subdivision No. 7 CITY OF MERIDIAN, IDAHO NO FEE For Internal Use on►), ESMT-2025-0012 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement madethis18th day of February 2025 between TM Cooley LLC and Watson Land Holdings LLC("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); W ITNESSETH: 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 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 0 1/0 1/2024 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 further 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. [END OF TEXT; SIGNATURES TO FOLLOW] Pedestrian Pathway Easement Page 2 Version 01/01/2024 GRANTOR: TM COOLEY LLC, an Idaho limited liability company By:SCS Management LLC, Manager 414 By:_ Michael A. Hall, President z i E STATE OF IDAHO ) :ss. i County of Ada ) On this the �� day of February, in the year 2025,before me a Notary Public of said State, T Y rY Y rY personally appeared Michael A. Hall, known of identified to me to be the President of SCS f Management LLC,the Manager of TM Cooley LLC,the companythat executed the instrument orthe person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. i I DONNA WILSON 00, COMMISSION#67674 NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: I i i I i I i GRANTOR: WATSON LAND HOLDINGS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, It' �nager By: Robert L. Phillips, President State of Idaho ) )ss. County of Ada ) On this,�4 day of January, in the year 2025, before me a Notary Public of said State, personally appeared Robert L. Phillip, known or identified to me to be the President of Brighton Corporation,the Manager of Watson Land Holdings LLC,the Companythat executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. SHARi VAUGHAN Notary Signature COMMISSION#20181002 My Commission Expires: �¢- �- of U'U NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 GRANTEE: CITY OF MERIDIAN mac_ Robert E. Sim Mayor 2-18-2025 D_ SEAS. Attest by Chr Johnso�Clerk 2-18-2025 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. -W aj�CHARLENE WAY COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Pedestrian Pathway Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G January 23,2025 TM Creek Subdivision No.7 Project No.22-244 City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land for a City of Meridian Pathway Easement being a portion of the North 1/2 of Section 14, Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears S89°09'27"E a distance of 2,657.99 feet from a found brass cap marking the Northwest corner of said Section 14; Thence following the northerly line of the Northwest 1/4 of said Section 14, N89°09'27"W a distance of 541.62 feet; Thence leaving said northerly line,S00°50'33"W a distance of 241.57 feet to a found 5/8-inch rebar marking the boundary line of TM Creek Subdivision No.6(Book 126 of Plats,Pages 20172-20175,Records of Ada County, Idaho); Thence following said subdivision boundary line,S00°33'41"W a distance of 551.53 feet to an existing City of Meridian Pathway Easement per Instrument No.2021-152387 and being the POINT OF BEGINNING. Thence leaving said subdivision boundary line,S85°05'34"E a distance of 773.80 feet; Thence S85°08'26"E a distance of 21.97 feet to the westerly right-of-way line of S.Benchmark Way; Thence following said westerly right-of-way line,SO4°52'53"W a distance of 14.00 feet; Thence leaving said westerly right-of-way line, N85°08'26"W a distance of 21.96 feet; Thence N85°05'34"W a distance of 772.75 feet to said subdivision boundary line and said Pathway Easement line; Thence following said subdivision boundary line, N00'33'41"E a distance of 14.04 feet to the POINT OF BEGINNING. Said parcel contains a total of 11,133 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 0 4sy 1 G a 12459 0 OF V 7-S '?.07-5 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com NW CORNER SECTION 14 POINT OF COMMENCEMENT FOUND BRASS CAP W. Franklin Rd. N 1/4 CORNER SECTION 14 10 11 _ S89'09'207FEB 657 99' 11 EARING FOUND ALUMINUM CAP 15 14 2116.38' T 541.62' — — — 14 oI � O d NIN — O TM Creek Subdivision No. 6 Proposed TM Creek Subdivision No. 7 Watson Land Holdings, LLC & TM Cooley, LLC r S1214212500 U') M ¢IL� `n N rrzL2 mm_ ¢z E UJI C L�(n NO t� � U }O�N O �LLd !— O N LL W m �3z O} �F- �az c��r — 'r a g N00'33'41"E POINT OF BEGINNING 14_04 /� Ten Mile Drain S85'05'341 7 73_80' S85'08'26"E N85'05'34"W 772.75' TM Creek N Subdivision No.5 N85'08'26"W 5 21.96' SO4'5253"W a S1214212595 14.00' r 2 0 150 300 450 a Plan Scale: 1" = 150' a v i= ENGINEERING m 5725 NORTH DISCOVERY WAY W BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Pathway Easement DATE, lanuary2025, a PROJ ECT: 22-2" SHEET: TM Creek Subdivision No. 7 1 OF 1 Portion of N 1/2 Sec. 14,T3N., R1W., B.M., City of Meridian, Ada County, Idaho a l ■ �1 773.80 773.75 2n V IDIAN� AGENDA ITEM ITEM TOPIC: Friendship Subdivision Lutheran Church of Ada County, Idaho, Inc. Sanitary Sewer and Water Main Easement (ESMT-2025-0013). ADA COUNTY RECORDER Trent Tripple 2025-010382 BOISE IDAHO Pgs=5 ANGIE STEELE 02/19/2025 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or subdivision Name: Friendship Celebration Lutheran Church of Ada County,Idaho,Inc. Sanitary Sewer&Water Main Easement Number: Id0of,this rasmment by sequenuaI numba tithe proged contain more then ona eascmcot of this tree See ms"ucnnmQhttkha for additmml mfotnWion For Internal Use Onl> ESMT-2025-0013 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 18th day of February 2025 between Friendship Celebraban'...utheran Church of Ada County,Idaho,Inc. ("Grantor")and the City of Meridian,an Idaho .., Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across,the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for tile 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 TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, Sanitary Sewer and Water Main Easement Page I Version 01101/2024 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 orally kind. IN WITNESS WHEREOF,the said parties ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Friendship Celebration Lutheran Church of Ada County,Idaho,Inc. r Ronald W. Bischoff, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me onr (date) by Ronald Bischoff (name of individual), [complete the, ng if signing in a i-epresent"'iFd.ndshp et cil 1n otstrike tie ho following ifsigning in(in inctividual cal)(01jJ oil behalf of AaaCounly.Id0ho.Inc_ (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Noun% ,Stamp Iklok% LESLIE YOEST � ? COMM.#43322 NOTARY PUBLIC ary Signature STATE OF IC My Commission Expires: 30 Sanitary Sewer and Water Main Easement Page 2 Version 0 1/0 1/2024 1f r' GRANTEE: CITY OF MERIDIAN Robert E. Si a 2 � -18-2025 � Attest by C is Johnson, � i y Clerk 2-18-2025 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. 1puu'N' lanai 1301m CHARLENE WAY Cha&wWait COMMISSION No. 67390 777 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 1 I (PP 4 TO :� CCHTURION 0 Consulting Engineers, Land Surveyors and, Planners 2323 S. Vista Ave, Suite 206 Boise, ID 63706 Telephone 208.343.3381 i www.contengr.com l Friendship Ct i Lutheran Church Meridianr and Sewer Easement 13 January 2025 A portion of the northeast quarter of the northwest quarter of Section 30,Township 4 North, Lange 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the northwest comer of said Section 30; thence N99"45'12"E, 2,420.71 feet along the northerly boundary o4 said Section 30 to the north quarter comer of said Section 30; thence 500006'46 , 664.31 feet along the easterly boundary of northwest quarter of said Section 30 to the northeast corner of Lot 1 of Block 1 of Friendship Subdivision,as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder; thence S89°44'22'Vy, 130.00 feet along the northerly boundary of said Lot 1 to the northwest corner of said Lot 1 and to the Point of Beginning: `thence continuing 869044'22"W, 47.00 feet along the northerly boundary of said Friendship Subdivision to the northeast corner of Lot 11 of Block 5 of said Friendship Subdivision; Thence N00006'46"E,2 .00 feet; Thence N6904422"E, 47.00 feet along a line 22,00 feet northerly of and parallel with the northerly boundary of said Friendship Subdivision; Thence S00006'4WW,22.00 feet to the Point of Beginning. Comprising 1,034 Square Feet, more or less. E. Exh i i 1 - F Our Second Century of,i;nSineeriifg Excellence Established 1921 Y i r t I i i • S i S I 01 -16 P'7 -099 ALDP#90.a0S ov, loos 09 ig LDYID cli 8.8 ,ot ( rMC3 rD ® mom N 'PH ugpP!tow IN � - - --.� a ttt 3 tt , .0 w f v ' LAM }�+ ,t9'91 t a„t4,S0 bad 5 c✓i m Exhibit � . CNN -19 wy E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Inglewood Place Subdivision No. 2 Water Main Easement (ESMT-2025-0014) Project Name or Subdivision Name: &A I'll swn NJ Water Main Easement Number: ADA COUNTY RECORDER Trent Tripple 2025-010335 Identify this Easement by sequential number if the project contains'more than one BOISE IDAHO Pgs=5 HEATHER LUTHER 02/18/2025 04:49 PM easement of this We.See instructionstchectfest for additional information. CITY OF MERIDIAN, I DAH O NO FEE For Internal use Only ESM-2025-0014 Record Number. WATER EASEMENT THIS Easement Agre eMalnqj�— e this 18th y of February 20 25 between C for")and the City of Meridian,an Idaho Municipal Corporation(" me F 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 EXHMITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after malang rep repans or performing other mamtenance,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. TIM GRANTOR covenants and agrees with the Grantee that should any part of the n t-of-way and easement hereby granted shall become part of,or lie within the boundaries of any Water Main Easement Page l 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: Ect , .� Nji('� rO [Aol ml S (,LC. STATE OF ) ss County ofSaWL Y4 This record was acknowledged before me ore (date)by,16mes �n (name of individual), [complete the followingVi !igninWg_in a representative capacity, or strike the following f signing in an individual capacity] on behalf of Fa 0HowfosUc (name of entity on behalf of whom record was executed), in the fo lowing representative capacity: C.n fX 0 (type of authority such as officer or trustee) Notary Stamp Be ow TEAL LAROQUE N0Mff U8 .SMX0FUKq ignatur COMMISSIONS 111502 My Commission Expires:� 3l12-02 E) • COMM.EXP.03.31.2025 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simi or - - 2025 � SEAL Attest by hris Johnson, City Clerk 2_18-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-18-2025 g (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below CHARLENE WAY COMMISSION No. 67390 Notary Signature NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Water Main Easement Page 3 Version 01/01/2024 TM v* McNEIL ENGINEERING Economic and Sustainable Designs,Professionals You Know and Trust 8610 South Sandy Parkway, Suite 200 Sandy, Utah 84070 801.255.7700 mcneilengineering.com Date: January 21, 2025 Prepared by: Julia W. Project No.: 21070.A Client: Gold Stream Partners Name: Eagle Retail Parcel data: Meridian, Ada County, Block 3, Lot 2, Inglewood Place Subdivision No.2 Section info: SW-1/4 Sec.21, T.3N., R.1E., R.B&M. EXHIBIT `A' A PARCEL OF LAND SITUATE WITHIN LOT 2, BLOCK 1, INGLEWOOD PLACE SUBDIVISION NO, 2, SITUATE WITHIN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, LOCATED IN MERIDIAN CITY, COUNTY OF ADA, STATE OF IDAHO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION WITH THE WEST LINE OF AN EXISTING WATER MAIN EASEMENT, INSTRUMENT NO.: 2023-007758,AND THE SOUTH LINE OF A 30.00-FOOT ACCESS EASEMENT, SHOWN ON SAID INGLEWOOD PLACE SUBDIVISION NO. 2, SAID POINT BEING NORTH 00000'25"WEST, ALONG THE SECTION LINE, A DISTANCE OF 340.31 FEET, TO A POINT OF INTERSECTION WITH THE WESTERLY PROJECTION OF SAID SOUTH LINE OF 30.00-FOOT ACCESS EASEMENT,AND NORTH 89059'35" EAST, ALONG SAID SOUTH LINE AND THE PROJECTION THEREOF, A DISTANCE OF 155.28 FEET, FROM THE SECTION CORNER COMMON TO SECTIONS 20, 21, 28&29, CPF&R INSTRUMENT NO.: 111000681;AND RUNNING THENCE SOUTH 00000'25" EAST, ALONG SAID WEST LINE OF AFORESAID WATER MAIN EASEMENT, A DISTANCE OF 24.00 FEET, TO THE SOUTHWEST CORNER OF SAID WATER MAIN EASEMENT; THENCE SOUTH 89°59'35"WEST, A DISTANCE OF 7.00 FEET; THENCE NORTH 00°00'25"WEST, PARALLEL WITH SAID WEST LINE,A DISTANCE OF 24.00 FEET, TO THE SOUTH LINE OF AFORESAID 30.00-FOOT ACCESS EASEMENT; THENCE NORTH 89°59'35" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 168 SQUARE FEET LIA 55 G � F< 0 13889 u'J, 01/22/25 �o Q ,9�F OF 0���` C D. N moa•dnoj5y!au3m•.N.Nm IV 3IIS g3M mo3•3ua!lauam@n oju! 11VWr-3 NVIaIa3W 3SI08 1SV3 6 3ONVS HIHON£dIHSNM01 iL08-SSZ([08)XVd OOLL-SSZ([08)"73.L OLOPS vl►n`APusS OOZ aa!nS`fgA%Nxul CPueS"oS OI98 V N01133S 10 VA MS 3H1 30 M MS 3H1 NI a31da01 ^' ry,£86I"M'S a.1nin j oyl rof'2ulu2lvaa r � SHAIM MR S 0100LU z m Z 'ON NOISIAiaenS 33V9d a00M310Nl a � oo (avob onand 03AVd 341M.0-96) 8Z 6Z �- 'aa A110131A'3 ��z oz a za � 8 1 pwoo a z I 0zir � o J cn w r7 Q 1 p9M� VJ � Lm11 � p LL y w i I � �a O U w Ow m �4 w W co w c � z 2 o u W M I 1- -j W N W r O' Q O 0 F cn QI u in U) 3:. C\lQ. Q Z O N1 (� C � U co 2Q Z Ol¢ 1 f— W l.L O m coo m m Z I (Q W O m coO Zttoo w V) I U) < z LU i M w co ¢0 m N O I w z . r- � w _ Z I O U CJ Fj j ,o0 oZ k' U co 1� w I fY G W N W I N p p U I W N '00 N i OO N Q w o o a Z Cn Z M W N w W o Q I � W ,00-oZ J W 00'OZ 3„S£,6So68 N 8Z'SS4 3,S£,69.68 N �� b t 1 z oz `" o W a t Uj I -J o 0 0. m co IQ a Z W Ic N (31t ARld) 3N l S111H`dlld'3 ME a i zMw � z w e .^n = � � m$ h- � ; vF ll O FQ ^o 9 z a oy y z � 0 a W 6' `Y0 O� LnCo r,4 O poW Q N U. I Z z W o W —I w � � O ��� o a � M �v I zWa z r o U � OZP o 0 o�rd MSG � I a N 'J"'1`3JN03J".LS-JNI2133NIJN3'113NW "J"1`�NlA3AIf1S-�NIri33NIJN31l3NJW vi E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Franklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT- 2025-0016) ADA COUNTY RECORDER Trent Tripple 2025-010332 BOISEIDAHO Pgs=8 ANGIE STEELE 02/18/2025 04:47 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision), Franklin Industrial Sanitary Sewer&Water Main Easement Number: 1 One Identify this Easement by sequential number if Project contains more than one easement ofthis type, (See instructions for additional information). ESMT-2025-0016 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of February 20 25 between Franklin Storage LLC, an Idaho limited liability company ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is 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: FRANKLIN STORAGE LLC Greg Ferney,Man ger STATE OF ID ) ss County of Ada ) his record was acknowledged before me on a V(date) by i-e-q a, (name of individual), [complete the following if'signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of L(1 (name of entity on behalf of whom record was executed), in the following rep esentative capacity: (type of authority such as officer or trustee) (stamp) 5ue Bu,9ess, ota re °`AR' `'' ''_ My gKininission Expiies: `S'lgTEN0 ��P`• Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN R8beiih Si ison Ma or 2-18-2025 � SEAL Attest by C ris Johnson, City Clerk 2-18-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. CHARLENE WAY COMMISSION No. 67390 Cha&ycWM NOTARY PUBLIC Notary Signature STATE OF IDAHO My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A [Exhibit commences on following page.] Exhibit "A" City of Meridian Sanitary Sewer & Water Easement Description No.1 For 4160 East Lanark Street The following Describes a Parcel of Land for the Purpose of a Sanitary Sewer & Water Easement being a portion of the Southeast 1/4 of Section 9, Township 3 North., Range.1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southeast Corner of said Section 9; From which, the South 1/4 Corner of said Section 9 bears, North 89020'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 9, North 89020'44" West, 2062.91 feet to a point on the Prolongation of the Westerly Boundary Line of a Certain Parcel of Land as Described in Warranty Deed Instrument No. 2020-009106, Records of Ada County, Idaho. Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line and its Prolongation of said Certain Parcel of Land, North 00°34'57" East, 42.00 feet to the Northerly Right of Way Line of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00°34'57" East, 586.69 feet; Thence, South 88°27'59" East, 148.18 feet to the POINT OF BEGINNING: Thence, South 01 032'01" West, 22.00 feet; Thence, South 88°27'59" East, 30.00 feet; Thence, North 01°32'01" East, 22.00 feet; Thence, North 88027'59" West, 30.00 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 0.015 acres (660 Sq. Ft.), more or less. 8251 of EXHIBIT B [Exhibit commences on following page.] t I N. t Scale: 1"-60' t � I010 30 60 120 I t i 4 I I E. Lanark St. I P�148,18' int of I nning I S88'27'59"E L4 • L2 ' Line Table I Line Bearing Length I t ' L1 S01'32'01"W 22.00' '' " ' L2 S882759E 30.00 t � I L3 N01'32'01"E 22.00' I i L4 N88'27'59"W 30.00' t Legend Cv a, Found Aluminum Cap 4 I c ti n Calculated Point co to i w M I a Platted Lot Number f a PL LINOS d o zi Right—of—Way Line t NSFo GAG al I t F — — — Section Line 0 I �J r f ——— ——— Property Boundary Line � 82 ;a Centerline � F pp \10 �Q- Lot/Parcel Line of Record �,� ���,�,� ACHD Permanent Easement t 4160 E. Lanark St. t Parcel No.S 1 109438871 t ,� t t Warranty Deed Inst. p� a' I No.2020—009106 N00'34'57"E •y� 42.00' V _ 639.70' 9= j — �., — _ _ A- 2062.91' 9 10 s N89'20'44"W 2702.61' - - - - 1s 15 Basis of Bearings :\4160 fast LonaA Street 24-105\4-j\Revised-24-105 Seer B Water Easement No.1-1-26-2025A.9 4-18-24 IDAHO Exhibit "B" Job No. City of Meridian Sewer & Water Easement No-1 24-105 SURVEY BOISVV.EWIO83?ST Sheet No. eaise4&857063704 For 4160 East Lanark Street 1 (208)848-8570 GROUP, LLC Located In the SE1/4 of Section 9, Dwg. Date 0T.M., RAE., B.M., City of Meridian, Ada County, Idaho. 1/28/2025 30 n8B° T5 "w 3 0 O m N O C s88°27'59"e D b�4E •Q 0 City of Meridian Sewer & Water Easement No.1 1/30/2025 Scale: 1 inch= 4 feet File: Tract is 0.0152 Acres(660 Sq.Feet),Closure:n00.0000e 0.00 ft.(11999999),Perimeter=104 ft. 01 s01.3201 w 22 02 s88.2759e 30 03 n01.3201 a 22 04 n88.2759w 30 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Franklin Industrial Sanitary Sewer and Water Main Easement No. 2 (ESMT- 2025-0017) ADA COUNTY RECORDER Trent Tripple 2025-010333 BOISEIDAHO Pgs=8 ANGIE STEELE 02/18/2025 04:47 PM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision), Franklin Industrial Sanitary Sewer&Water Main Easement Number: -2-�Wo Identify this Easement by sequential number if Project contains more than one easement ofthis type, (See instructions for additional information). EST-2025-0017 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of Februruary, 2025 between Franklin Storage LLC, an Idaho limited liability company ("Grantor") and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is 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: FRANKLIN STORAGE LLC l Greg Ferney,Man ger STATE OF M ) ss County of Ada } his record was acknowledged before me on adgV(date) by f e_q (dame of individual), [complete the following if'signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of 47e— t ) II, (name of entity on behalf of whom record was executed), in the following rep esentative capacity: (type of authority such as officer or trustee) (stamp) S-�ARf9eSS ota re �f °_._y My . ,,nmission Expiies:� 4_7. d_-9 `S'TgTENOF\QP'. Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN An�11 Ro ert E. Sim'son, ayor 2-18-2025 Attest by 61F John`' ty Clerk 2-18-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Na&wWo.,q CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A [Exhibit commences on following page.] Exhibit "A" City of Meridian Sanitary Sewer & Water Easement Description No.2 For 4160 East Lanark Street The following Describes a Parcel of Land for the Purpose of a Sanitary Sewer&Water Easement being a portion of the Southeast 1/4 of Section 9, Township 3 North., Range.1 East., B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the Southeast Corner of said Section 9; From which, the South 1/4 Corner of said Section 9 bears, North 89120'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 1/4 of said Section 9, North 89°20'44" West, 2062.91 feet to a point on the Prolongation of the Westerly Boundary Line of a Certain Parcel of Land as Described in Warranty Deed Instrument No. 2020-009106, Records of Ada County, Idaho. Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line and its Prolongation of said Certain Parcel of Land, North 00034'57" East, 42.00 feet to the Northerly Right of Way Line of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00°34'57" East, 651.70 feet; Thence, South 88°27'59" East, 93.86 feet to the POINT OF BEGINNING: Thence, North 01°32'01" East, 24.00 feet; Thence, South 88°27'59" East, 33.50 feet; Thence, South 01 032'01" West, 24.00 feet; Thence, North 88°27'59" West, 33.50 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 0.018 acres (804 Sq. Ft.,} more or less. 1I3a/2,S 8251 (IF �p'> IL EXHIBIT B [Exhibit commences on following page.] , N Scofe: 1"-6 , , 0 10 30 60 120 I L6 In o � S88'27'59"E 93.86' L8 Point of E. Lanark St. , Beginning , I I' Line Table I Line Bearing Length IL5 N01'32'01"E 24.00' L6 S88'27'59"E 33.50' I I L7 S01'32'01"W 24,00' L8 N88-27-59"W 33.50' oI Legend I O (v ti, (o Q Found Aluminum Cap i R o Ir n 0 Calculated Point W; I Platted Lot Number pt,AI' LA �•'z $ Right-of-Way Line � �'� Z� - - - �' Section Line I cc p 0 Property Boundary Line � Q I Centerline FF OF I - — — — - Lot/Parcel Line of Record F H• �O + r�i �i�i��� ACHD Permanent Easement J 4160 E. Lanark St. , Parcel No.S1109438871 Warranty Deed Inst. a� I No.2020-009106 I Q� _ ----__--------------JI N00'34'57"E ti -�42.00' G 9 639.70' - - - - 2062.91' 6 - - - - - - - - _ 9 0 N89'20'44"W 2702.61 16 15 Basis of Bearings P;\4160 East Lonork Street 24-105\dy.g\Rerised-24-105 Sewer h Water Easement Na.2-01-28-202Scw9 4-18-24 f DAHO Exhibit "B" Job No. SURVEY8955 , AHO83 D ST City of Meridian Sewer & Water Easement No-2 24-105 eoselonHo6a�a704 / Sheet No. 0 ,20BI64"570 For 4160 East Lanark Street 1 GROUP, LLC Located In the SE1/4 of Section 9, Dwg. Date T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho. 1/28/2025 s88°27'59"e 33.5 d o � iv v M N O � N CNf C O N 33.5 n86 27'59"w 4. or IL City of Meridian Sewer & Water Easement No.2 1/30/2025 Scale: 1 inch= 5 feet File: Tract 1:0.0185 Acres(804 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter=115 ft 01 n01.3201 a 24 02 s88.2759e 33.5 03 s01.3201 w 24 04 n88.2759w 33.5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Keep West Subdivision (FP-2024-0022), by Jarron Langston, Dawson, located at 2625 E. Lake Hazel Rd. and 6519 S. Raap Ranch Ln. COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 2/18/2025 Legend DATE: Project Location TO: Mayor& City Council ::=Area of Impact 4�m City Limits ; FROM: Linda Ritter,Associate Planner 0 Analysis 208-884-5533 Iritter@meridiancity.org APPLICANT: Jarron Langston,Dawson SUBJECT: FP-2024-0022 Keep West Subdivision LOCATION: 2625 E. Lake Hazel Rd. and 6519 S. F Raap Ranch Ln.,in the NE 1/4 of Section L ' 5,T.2N.,R.IE. (Parcel#R7317670010 e and R7317670020) I. PROJECT OVERVIEW A. Summary Final Plat consisting of 22 buildable lots, one existing home and 8 common lots on 15.76 acres of land in the R-2 zoning district for Keep West Subdivision. B. Issues/Waivers None C. Recommendation Staff. Staff recommends approval of the proposed final plat with the conditions of approval in Section IV of this staff report. D. Decision City of Meridian I Department Report 1. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Residential - Existing/Proposed Zoning R-4/R-4 VI.A.2 Future Land Use Designation Medium Density Residential(MDR) VI.A.2 Table 2: Process Facts Description Details Preapplication Meeting date 7/30/2024 Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Keep West Subdivision FP-2024-0022(copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:R7317670020 Date Retrieved:2025/ 1/3 Parcel Count Parcel Acreage Infill Indicator: 961 1,082 Surrounding Area 47% vot city 4 4; ® City Limits 1,811 ■ Not City Household Household& Population Growth ■ Households 02020 Population Change:46.8°I° Population ■Growth (Household and Population Change since 2010 Decennial) 2,000 4,000 6,000 8,000 Use Types Residential Addresses All Addresses ■ Single-family Multi-family is 0% 1% 99% ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 0 1000 2000 3000 4000 0 10 20 30 4U ■ Single-family El Multi-family City of Meridian I Department Report II. Community Metrics 2.00 1,500 Single-family y DIEM H 1.50 +' Residential 1,000 Parcel Diversity a 1.00 U 0 Parcel Count .N, 0.50 0'69 500 L to-345 Average Acres 0.00i8 Q.12 0 R-2 4 8 R-15 Average Single-family Density by Zoning Average 10.00 d �8.40 Residential Net Density 5.00 5.66 O 0 2.96 4.48 1.44 o.00 Dwelling Units I Acre R-2 R-4 R-8 R-15 See Additional Notes&Details for Staff Report Maps,Tables,and Charts. Figure 3: Service Impact Summary ToolsService Impact A Ready — Marginal iiiiiiir 'w Caution - ��y.� \`off ��� �i\�e n er�Q Qa�r �t L°tea 011 op� Notes: See Additional Notes&Details for Staff Report Maps,Tables, and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plats (Keep West Subdivision H-2023-0047)as required by UDC 11-613-3C.2. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required by UDC 11-613-3C. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2023-0047 (AZ,PP)and DA Inst. #2024-068940. 2. The final plat shown in Section V.B,prepared by Compass Land Surveying,PLLC, stamped on 10/21/24 by Richard A. Gray, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Note#3: Include the recorded instrument number of the easement. b. Note#12: This note should either be removed or revised to add the license agreement number from the Boise Project Board of Control. c. Note#15: Include the instrument number and recording date for the ACHD permanent easement. d. Revise the fencing along Lots 2-7,Block 2 to meet the requirements of UDC 11-3A-7A.7 fences abutting pathways and common open space lots. e. Add a note that addresses Lot 6,Block 2 is a common driveway for the benefit of Lot 5 and 7,Block 2. The note shall address the maintenance of the common driveway. 3. The landscape plan prepared by Stack Rock Group,dated January 13,2025,needs the following revisions: a. Update the landscape plan to show the entire Lake Hazel Road frontage including the right-of-way. b. Call out the ten(10)foot wide multiuse pathway. 4. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual ingress/egress easement being filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-2 zoning district. 6. All fencing shall be installed in accordance with UDC 11-3A-7. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The address of the existing home,Lot 20,Block 1, shall change with the development of the subdivision. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. City of Meridian I Department Report III. Staff Analysis 11. Except for the existing home located at 6519 S. Raap Ranch Lane (Lot 20,Block 1), all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 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 11-3B-14. 13. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. The approval for the preliminary plat expires on April 23,2026. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. B. Meridian Public Works SITE SPECIFIC CONDITIONS: 1. Sewer services are required to be perpendicular to the main or connected at the manhole. 2. Water mains crossing gravity irrigation must be sleeved per Standard Drawings SW1, SW2, W 15-A, W 15-B. Water main crosses the Grimmett Lateral. The crossing requires the Water main to be cased per standard drawing SW 1. 3. No permanent structures can be within an easement or over a sewer main. This includes buildings, carports,trash enclosures,trees, deep rooting bushes, etc. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or City of Meridian I Department Report IV. City/Agency Comments &Conditions bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall City of Meridian I Department Report IV. City/Agency Comments &Conditions be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. Irrigation Districts 1. Boise Project Board of Control https:llweblink.meridiancioy.org/WebLink/Doc View.aspx?id=386044&dbid=0&repo=Meridi anCi D. Idaho Department of Environmental Quality(DEQ) https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=386664&dbid=0&repo=MeridianC Lty V. ACTION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section IV of this staff report. B. City Council: Pending City of Meridian I Department Report V. Action ' 1 1 ct Location Analysis of Impact 1c LAKE HAZEL4 ti —y {;i ++r so tr s . r � Legend '�► ��I1111JlMw � � I V.� IIHI 11J 1fi11�� ■:. II���a+� - _:1 �i n*►+r� Ian ii ells Project Location III �MI> fill N ■� ' �Area of Impact �•��1� +mun W uu 1:� nuui�!iulul:: n■r �. �Alrulrr� 1111111+ .'■ii .'rll�___ .... j'1.� Analysis - . - Ilfllll 11 •111111111 ... .•y, � �!�� C 11 M1 Illlfll C I�1111■■u �■11111u1�� II■ .�yi� '_'�1�1��1111111�- uirl lir 1� ^nnnnn ilnunur .,� e� �e_ � � � nano nunm '::rr• xF: I�I�Illllllii�o__=rl `1lunul nnnm_ ■■a v0 �`�� r_:��11I , �� 1111111111111 � ■ '�a� == trI ■1■■■t•_r -ueu v, ��■� fnnnut<y�i L-AKE HAZETRUT L= r -11■ . Ill 3. Future Land Use Legend Project Location Area of Impact g�w � : t± O Analysis \ � 1 20 1 f� Pled-High I Density •.z Residential ;� CIVIC Low , Medium Density Density Residential Residential 1 1 4. Planned Development Map Legend 1 Project Location Area of Impact -�' City LimitsLl. rl ® Ii� 1� — Planned Parcels � ,---' ® _. ', :ice ----'� 1 OAnalysis �y�HT�HT 1 1 [111LLJ S 1 �� ----__i I _ ' - ... t�,,,.�-�`„„`\ 1 I ! 1 19 I� rF� � r 1 �� 1 \�L-J i 5 1 I� 1 1 1 _ 1 City of Meridian Department Report VI. Exhibits 5. Map Notes Nearby Recent Preliminary Plats(within last 5-years) H-2019-0134 H-2020-0095 H-2021-0020 H-2021-0062 H-2022-0036 Nearby Recent Conditional Use Permits(within last 5-years) H-2019-0123 H-2020-0009 H-2020-0030 H-2020-0035 H-2020-0064 H-2019-0134 H-2018- 0115 H-2020-0057 H-2020-0127 H-2021-0087 H-2021-0086 H-2017-0068 H-2018-0043 H- 2017-0129 H-2020-0056 H-2022-0036 H-2022-0064 H-2023-0047 H-2023-0050 H-2024- 0014 H-2024-0041 B. Final Plat(date: 10/21/2024) HA KEEP WEST 5U6DIVI5I0N RE-SUBDIVISION OF RAAP RANCH SUBDIVISION RECORDED IN BOOK 105 AT PAGES 14503-14505 LOCATED IN THE W 112 N E 14 OF SECTION 5, T.2 N.R_1 E-,S-M_•CITYOF MERIDIAN,ADA COUNTY,IDAHO �cerae a�n"n 2025 0 am r_naxxarn�owo•.wos ° _ p�6c I 1-4 NOTES I w.sds �"1 � ��, � ——— �°�°„'.e,w�m.,d.��...rw"d.m:.;"�»a�ryr.�....r..w.,...r.•..»r.,.. ir.o.,w hwr�aw...,e.i.naw.r�.,.waa.�no,o�ao.c x�..unn< RCFERENGE DATA ` �3 yy 11 ® I —. ! .�n.wga.mfu✓e,m..w\mwiwnnewN- �a.eaw.em�y»rud n.rn de.rn Rtl¢ eds P P2 xyxW.B �!11' ® ® &� .+,aaa ux ma. koa�`mw.�:a.rr.pa�m rmdxaawrDsaadua.rb.,maw 1�aa RrT kn,oek tos.epe ua AA Q 8 �+• aai B.auak vmmswos�aaea..Ilok txx Np xosa-xew ® :�wxue.�,....mw.�:m..�..m,�.m,re ••�•��i»ax.,.«..,, F'AI Vbnwswe;:4o.w x,9eek lxL F+Baxress.aLA91 —— ,..�xu.,eau u.&mtn,w,r.mrd,..-wruw.n+lo..Cw` esl xea s,oa.aun.exa.,,a.Pepe,esra-tetra (e� ^dx��••��=w.e,.e...•a.ww.waxw+,»�... aei I �raa:=.swYw•.pr.m n�pa�'�d`�n'��sn�m...,-�i'Rel 9a'mem,l ncrw eaxrnnn re:xc.a±aaw,m � ✓ --� ,Dwa,x,ai•,xxas:ti eons uo,.en.am,:.d.,m«n,wa.rn.a,nn rc�a..xir,#a.n% ,:,b w arwba,a.:,ee ua.«,m sans m wna:.d�aia daa>.awa.Dam,.mA-.m t.:d o,Ran«. �.mw � 6_��'1',�� �—— ° ,s,m..d..a..a n.n.•n.,mw,v.•n+e .ma�..m�s..r.•���ar.. 1_ sena!e nmW a.�ynu�w eaam Eden wd.M mwu uara f i 9d as dw de \Ly I � m wdu.rwux vYWsodnN MWww npWW�4 l] [ \\d 1``:�� ® nrmwE.�aW Ml.fimFw�C.0 Aematlw�rowr.�gR. d ne! � '1 I PM-aaxa F aD1 f�.Xw faxawol llalan lxamevd Mxon,nerA/�Baenn ` ' AkNCM.apMrrwidSm,Me%Q sos 0.m Tha AYw'e�wn.bw6wx.d Naw�rad,w AmrmG.c.Sw.w d MH 11 5DKV[YORS NARAATIV2 I �v`n�� iru 9mt•Iw,n wlvNemeuxme sy a'bn o.nnea�.xiuw ^�� drM rone ppp +x � aionn mawa.aaw.nkr.awdeMavrgsa.ae ye.a n.res,,.rTexworr COMPASS LAND SURVEYING,PLLC amder<d wndlm rea wRns,m.maems rx. �„,�me,v 9y]1111.ArpnwnBeWh N—e ioa3esl �7Be[k,:d P�gDS�SRwGgAOt�C�u'%. ORw fAq NR-0„5 r®,�aa�ena,m 61H 9[[T DtY6 City of Meridian Department Report VI. Exhibits ' 1 I ® w_ L 1� L �r DI Do E 03 ej LTJ 63 nip �� µme''�'• °�� - l6inf-1 !:-HALE ��v�a 1 1111 5 60 oil eta'' . ,�. �IF mmm ®®m od ot� ®0m®0 �`4I o® avo gym® c o® MEN ®m©®® om Q®®0 EP rlac� rya o o® o® mmm�rl� o@m®o : m o 1 1 I �. C� [a3iI�as I-,n+w'L it a 11 E. Qualified Open Space Exhibit(date: 11/7/2024) ffENEEZEL�_ OPEN SPACE EXHIBIT AMMI, Affft KEEP WEST SUBDIVISION Lil K�p W­ EXH-1 City of Meridian Department Report VI. Exhibits F. Common Drive (date: 11/7/2024) COMMON DRIVE EXHIBIT KEEP WEST SUBDIVISION 1 h - ____ 1------------------ F ..,..,.,,....�.. T!e l i I mus � it ------------ I i I i rJ — j •7 I I 1 r �.Y L. _ �,.� s bmfl es EXH�2.0 COMMON DRIVE EXHIBIT KEEP WEST SUBDIVISION 3 141em I I 1 [a 1 I S k r Ali\___ -------_-J �� j BAVE—SECTION TAB LE ' E—p West Subdivis caµuwl RNrvBn sBcrloN .; i om Qom sm I City of Meridian Department Report VI. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Winco Wells Subdivision No. 2 (FP-2018-0018) by TAIT, located at 2600 E. Overland Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/18/2025 t DATE: TO: Mayor&City Council 1 FROM: Sonya Allen,Associate Planner 208-884-5533 x SUBJECT: FP-2024-0018 r WinCo Wells Subdivision No. 2—FP LOCATION: 2600 E. Overland Rd.,in the SE 1/4 of = - - Section 17,T.3N.,R.IE. I. PROJECT DESCRIPTION A final plat is proposed consisting of two (2)buildable lots on 18.74-acres of land in the C-G zoning district for the second and last phase of WinCo Wells Subdivision. II. APPLICANT INFORMATION A. Applicant: Susan Dillingham, TAIT—707 N. 27th Street,Boise,ID 83702 B. Owner: Ron Schrieber,WinCo Foods, LLC—650 N. Armstrong Pl.,Boise,ID 83704 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2021-0007) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. — Pagel V. EXHIBITS A. Preliminary Plat(date: 2/4/2021) anaan"—'qqw QN�� uo.suipgngspaMaou:� MI A 101d LRUIWIR]d I li,1�i, i1�1 11,11 r 5 9 i c � I � �; il' � �1 III III', r �. ram, � � � �•-=' i1Y4 nw.i Y _ ~:���.. . I� a 3# lip 71 I ----- .n: :. ------ Page 2 B. Final Plat(date: 11/19/2024) CO <B�s mayod ` ' sm� k � s °€ n _air€ s2 a U LLI 14 €��s fia gg B€S s� °zpg sp �Rzr6Ea m I Q z I I i va�a &y L�bu ge s� s�zW,.,,eo B_�°bn_ otl al8o3 g:n .. 9�0 . • iJ= I I I ` ax�� a. Asa 'S�',o _ �Sma R°B�o �a.o�z's° n a8o 0 xao"s ova% td�.F II r 2;m'Ate tie "6m:asoot';R oag? `E� k3`e°aSB6 �s .r o�coz°6« .ffiR9;Fd�r � �`tiW`,semen-�.6_Z .dg o $86 VT S�]�id 86881 abnd'9dl Ma°6 N 1'oH+w?aM?P9rt5 attad cvu?N a Vr gg 1 Nv;1H "F___________ 56'889 M.So:nL Dos ___�_- .aeacc m� 0 Q.— f-_�--- d N I e i n j m _ b � �� 1 f L11'9TM3.901V4fLWN .O m N (Ct aivx o T OC— I \ n m o Il I°as5.o'Ds d 6i31 I ai4 �Iwm 0"' DLO `S of II .�\ 5 ; ola W Va a WW Izm S/I/y'��•}� IV¢cq O x�i Il I O K C N _wlI'1 O � O W�IfI 4� q OL N h JI Il O� III u '1^. ng�i N i I P ng eN� ,OQe l/I, Euw Inet. R / xa1ax1315�e. O I 18'Id Pawn qeooN Lc R 9i ,A ` a hda a�Ea.emn,� . a -- ———— � of _ __ � ——----—— ——— --- ,SL'L811 wl' 06111 abed'66#avH - -' o rn rn)PPrt6 a>9id uaNvwewP � YZi9!ad°d'ZII Mood � f n.rn � , 6 i'"r4 a F vN vv:MW9rt5 , v � eav[d wsrvuNiaP H6e!!aEvd'F6 d'vvH a I I . z _ , n aslq rPai,� HE ` °;��� a�asaES� Page 3 C. Landscape Plan(date: 2/4/2025) WOFLi.lUH<(�I��WI� onaa ONO'r m. 'a0 VW3NI'J'3 CdIL•ki �W�+ a• k7 s�oojF NVId 3ddO5flNVI llHM3AO � eg M1 as 11 4 a =9 $Y go� v R o� v @ e w 6 yy y y yy y y yy •E F 1 1 � v D DKD� L D�.D� � ��LPo I le�� aY asa Q! I y!o to ! y Fy 1 ipi yp y E q `I J. �J bpi w r i 1 QD 1 1 1 µ• 1 1 �e <1J CA 11-1 M " l W 1 • r ; 1 ❑ l � Y 1 l 1 ❑ m l $ •1 1 l 1 1 1 1 '•. 1 1 1 �• 1 A 1 1 1 1 1 Tar�__�_ 1 —�— ----i---- --——-————- i .-. Page 4 _ O"VO nman�r � -"UJOH4<Ialwr lOtlW3NID'3SaGOAF CdL•ki �W� a Y- k yy Ntlld 3dVOSONVI 012MIM v7 eg a aY�s lul �jO4" a rrnrr+'xuuriwn 1�°�� .'. 3 r�. 8 F S i i J i 3 to � res' :t:as fob: 4 Page 5 _ os,cn Huaa3r — ' UJ0H4(Aa1wl}� ?JO VW3NO'3 smuwc �w� a x- k G ti $6004 3❑ Ntlld 3dVOSONVI �� CID o � ° 11gil �y g 6 yj j� Sa Y9q ALL Ilp o s _ I 0I L ° J yl 1 I I 'I IN u� F f I � � I • •I i Page 6 o.1va waaa3r w,,�.es. �� -;'uJ0H({(IL )I LOVW3NI�'3 ,���� a• � y 07 �.f 0 OAF S❑ NVId 3dVOSONVI eg ENIIN ALL 11 oil y Ill 1111,1 Ili t s 9 �g@ipp 71 LU -- r W 2 W N 2 + V 7. 1' 1 I , - E L II 6' Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0007,Development Agreement Inst. #2021-119174(Seasons at Meridian Winco-Wells); TED-2025-0001]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2) years of City Council's approval of the preliminary plat(by September 26,2026)in accord with UDC 11-613-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,the Certificate of Owners and the accompanying acknowledgement shall be signed and notarized. 4. The final plat shown in Section V.B prepared by The Land Group, stamped on I I/19/2024 by Lawrence H. Koerner,Idaho Survey Group, shall be revised as follows: a. Note#7: Correct recorded instrument number for DA, as follows: 2021-119174. b. Change the year in the situate statement to 2025. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 2/4/25, shall be revised as follows: a. In the Landscape Requirements table, include calculations for the street buffer along 1-84. Note:A 50 foot wide buffer is depicted on the plan, which may be provided; however, only a 35 foot wide buffer was required with the preliminary plat. If the buffer is reduced to 35 feet, the plat shall be updated accordingly. An electronic copy of the revised landscape plan shall be submitted prior to signature on the final plat by the City Engineer. 6. Prior to the submittal of any Certificate of Zoning Compliance and Design Review applications for this site, the property shall be subdivided (i.e. final plat recorded) as set forth in the development agreement. 7. All development shall comply with the dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3. 8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Ensure no sewer services pass through infiltration trenches. 2. Provide 20'Easements for mains,hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and 10'beyond it. 3. No permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches,light poles,etc.)to be built within the utility easement. Page 8 General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3D. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate:of completion as set forth in UDC 11-313-14A. 5. A letter of credit or crash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified.by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department websitc. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department websitc. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-SC-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan reviow process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Page 9 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above_ l6_ The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or AC]ID_ The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans_This certification will be required before a certificate of occupancy is issued for any structures within the project_ IT At the completion of the projec(the applicant shall be responsible to submit record drawings per the City of Meridian AutoC:AD standards_ These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project_ LK_ Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www_meridiancity.org/public works_aspx?id=272)_ All street lights shall be installed at developer's expense_ Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights_ The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC:. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations ofexi.sting street lighting_ 19_ The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two_ The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of eridian's standard farms_The easement shall be graphically depicted on the plat for reference purposes_ Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXl IIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT 13) for review_ Both exhibits must be sealed,signed and dated by a Professional Land Surveyor_ DO NOT REC7ORD_ Add a note to the plat referencing this document_ Ail easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer_ 20_ Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21_ Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be wwd, or provide record of their abandonment_ 22_ Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8_ Contact the Central District Health Department for abandonment procedures and inspections_ Page 10 23_ The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(U DC 11-3 B-6-)- The applicant should be required to use any existing surface or well water for the primary source_ if a surface or well source is not available, a single-point connection to the culinary water system shall be required_ If single-paint connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval_ 24_ All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC: 1 l-3A-6- In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation_ Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Tanner Creek Subdivision No.1 (FP-2024-0024) by Engineering Solutions, located at 615 W. Waltman Ln. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/18/2025 Legend DATE: Project Lacfltar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Tanner Creek No. 1 FP-2024-0025 LOCATION: 615 W.Waltman Ln., in the SE Quarter of Section 13,T.3N.,R.1 W. rr�mo I. PROJECT DESCRIPTION Final plat consisting of 52 buildable lots and nine(9)common lots on 11.73-acres of land in the R-8 and R-15 zoning districts. This is the first phase of Tanner Creek Subdivision. II. APPLICANT INFORMATION A. Applicant Shari Stiles, Engineering Solutions— 1029 N. Rosario Street, Suite 100,Meridian,ID 83642 B. Owner: Corey Barton— 1977 E. Overland Road,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0048)in accord with the requirements listed in UDC 11-613-3C.2. For the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase,and the amount of common area cannot decrease. Because there is no change to the number of buildable lots and no decrease in common open space in this phase, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat, as required. Page 1 IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 7/5/23) Y�.uL� _ _ rpge[Wd�m�^Y WM'Wig1 g1511R61 A+10 u.-��� YRYI..'W � � Vul 3un6"wb cwa�ou'w ao YL x63 fJ�i/1 b 31LL A�1(�u Ml � � LLf SN01!l170 �a '"�"' ����� 1�V1N00ltl3NNYld � NOISIA1490S ti aaa33tl 3o stl3NMa tl3dMIA K 9N!lI�dNI.9N� IR MLMI Oil 13 ! yK pp ii qq i f� i i a R i R yp - plit s j ` msa iss.coa - � 1 Sl4`I�1.Up ......... .. i WUO lr OAY =A n a 4 z ypypY■t■ Y. YL aiY 4 a..wa Y Y SlAH7.tI+J ! F Page 3 B. Final Plat(dated: 11/8/24) a, a �- ffi ? Big $ a a 0 v a s _6� ° �� =bv 3 �G an e g �@ g a = N W a �e ag 's $�m�€n� e s a s �F m � �w rA } O Is °• p $ sy g9€ � 9 as�p -9 � � €g�x ea � aye a y a�ap -1 se �K'� gib j� w a1�3 �GR d,.S kl = r r w !" w m rs�ssgg eta „� o"a eF as� 4 � g �� Hg 3 v C - f � � PO -4 a �4 Up aa�ln�`� a�s x da�= �=<h � il R a 3 G 9 F a �r�� „aK`6 s k -4 a 85a C v g aa m2' m m9 aR nnds a _ � 3 In n69�m 9�-. :6� n`e�,e9 �� i� 4�Y_ _ . 2 N�^� _ 6 y$ �'@I WIMM 5 all - Z mown — mown Q I kx W8 M.Z AS FF9jj I i - xassrAx rm'h-I rAum, oo-m1 f -1 m 1 r 1 r �rm--I rmrw,rg°u� I 1 �� ZS I C m'DI'-- -� 3 �I I I �' �!` I I� ✓tl !` �I- jI�CSG I ' O I k 1. I $I Yg ®� L JL JLI .JL JL JL. JL.. JL J t Il I I I IA m loss AVDx ms, .00Ax A6uY mm ,� poux ADvI :don ,00'011 M.LS.££.os S j I I i„_.._.00nlg-- Ig g- / —--- n s Nl = _ U r -;ZS4fdN- .�__—__ _ _ z ' $ I r C � AOM pL'nx 1 p 1[b92 §� � I r ffi I B Ir- 3.ss. i I�AI ��DI c � Ass I m gl Z b W u� gzS.4v[_J — LS_[Ftll J" iS AI m Q g OZ Q 32SSf AN��--� L MG-3iLiifi'.pl IJ �A 4'>eF AN-IJI n g j �7,$YYY v 00 N I '� r ,� t1 O ry A°_ _3FsTa'JAI 2u'ou- g _ q ffl �f—mTarA.SGZs,� N (�t �O �'� w~ I I - r- ys c x; �L-Pxs,Ya ssax�'S I goo }:•ass-a I T m fva Z �1 S nl �� I I I $' ...ham j #L_2�xn_zsc�rnx_J J �msn uctcnu..J'� :_.._.._.. ... I i A g Z. I I �p1___ ___ _J .srz i Aa N��.'gpy11..3F."'ax i :SL,oI nu a rnll"�".ss I S'a ��u� Qz UWl II �^wL sx_.cs o_s_—Y3 -__5 6azz-'_____-5�_g�_�to..o4A¢n iGz'FlsY-I-�3.zLzi>C f�AM7M1V aAdryyf Y3y'FS 0 -- T----------ry---,a--a oa- h--'IG-�d-?n- &I asge s _1 owl w FL.. w a �LCgI mw i ! rm-N_� r� nlI-�-- �JL, 9)00-0 '� ae� Aar-- mu n Aid 6a _ s wu AseDsl " �^ n feeTAN r_ - - - '''LLq -O Ez@ ow Mop anx wsw xomnxeis Nx ��S�a� muw'n FsSDst�go:'o4ns Dms Aiugxn 3lLL I fil Dn NRn� '�mB"' C. Common Driveway Exhibit W.WALTMAN LANE FENCE (SEE LANDSCAPE PLAN) T �� N _____ 12' REAR 12' RFAR --- ------ i ------_-----i i-------------i --------------- -, r �l BLOCK 1 5' CONC. 5 6 7 8 9 11 PATH ACCESS FROM BROWN I , I TROUT DR. PER CITY OF MERIDIAN UDC I, o; 11-K-315 �I HOME ORIENTATION ���I HOME ORIENTATION HOME ORIENTATION HOME ORIENTATION � d I� V I + I I ■ ' � 1 �� I � � z �4 FENCE WILL NOT EXTEND PAST Ji FRONT PLANE OF DWELLING, (TYP.) � 20'(GARAGE) FRONT �I 20'�ARAGE) FRONT , 20'GARAGE-FG1T --�I '(GARAGE-) FRONT 20 - - -- � N LIVING) FRONT 15� FRONT 15�LIVING) FRONTLIVI FRONT SV � I z J WAY w LOT 10 a COMMON o DRIVE W.BROWN TROUT DR. �' 11 5' CONC. PATH TANNER CREEK a NOTE:IF A 6' SOLID FENCE IS 11 SUBDIVISION NO 1 a INSTALLED ADJACENT TO THE (COMMON DRIVE EXHIBIT AA) S 9 a 12 COMMON DRIVE A 5' LANDSCAPE )k BLOCK 2 �lli BUFFER SHALL BE REQUIRED 1" = 30' Page 5 D. Landscape Plan(dated: 11/4/2024)&Amity Detail yc�y, OHVOI 'NVIGEJ3W w M-- ' 3dV3S4NVl IVId IVNId 4 38VHd wa W new, s N®ISIMoanS N3380 b3NN`dipit 4a J � o n - __ - � - C4'��.I Ah a WI t p Ell _ _ _ I s OM4 Zlz " 1� lI� I � +.s i:; t a ire■xrns _u.� o � ��� - - — se- �ruiu�we I 3�, -ae - - - -�rrxu•.a�- -— Diem esX� ------------------- OHV01 'NVI4183W W ms ' 3dVOSONVI IVld -IVNld a L 3SVHd = wi E N IRS' a NOISIAmens }133HO H3NNVi Za J W < LU Ali;', JU ®2tq g 5 5 a ® r 1� 3AY INAYItl11 8 � I z I z 1 - x x I I � f ' q I� l UA �v e� Page 7 OHV(31 'NVIMAN w 3dVOSaNVI IVId 1VN1=1 MAP 1 A L 3SVHd V NOISIMians 713380 E13NNVi A IRA 101 His Of OT 1: Ali 11 1 IU low 0 - K A So 57 too; A, Vin C 1 -1 1 ivy TO A A 19 5 L L l I z 1 1H, all di I 1 1 jym m NSA . �4� 4 Koo t Pa ._ 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division I. Applicant shall comply with all previous conditions of approval associated with this development [H-2022-0048,Development Agreement Inst. #2024-007677). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council approval of the preliminary plat(i.e.by December 5, 2025)as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Land Solutions Land Surveying and Consulting, stamped on 11/8/2024 by Clinton W. Hansen, shall be revised as follows: a. Lot 6,Block 5 needs to be revised to meeting the minimum lot size of 4,000 square feet. b. Depict an ingress-egress easement across Lot 1,Block 5 to the outparcel at the northwest corner of the site(i.e.Martinez property#S 1213428080)in alignment with W. Brown Trout Dr. for future access. c. Include the recorded easement number for the City of Meridian sewer and water easement graphically depicted on Sheet 1. d. Include the recorded instrument number for the access easement graphically depicted on Sheet 1. e. Include the recorded instrument number for the ACHD easement line noted in the Legend. f. Note #10: Include the recorded instrument number of the development agreement (i.e. #2024-007677). g. Note #12: Include the recorded instrument number of the ACHD temporary license agreement. h. Note#15: The note shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment per UDC 11-6C-3D.8. Change "blanket cross access"to"perpetual ingress egress"easement. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 12/18/24, shall be revised as follows: a. Depict a driveway across Lot 1,Block 5 to the outparcel at the northwest corner of the site (i.e. Martinez property#S 1213428080)in alignment with W. Brown Trout Dr. for future access. b. The open space landscape requirements on the Landscape Calculations table shall be revised to reflect the updated standard of one(1)deciduous tree for every 5,000 square feet of common open space as set forth in UDC I I-3G-5B.3. c. Include mitigation information as applicable for tree preservation in accord with the standards listed in UDC 11-3B-IOC. d. Widen the sidewalk/multi-use pathway in the street buffer along Waltman Ln.to 10-feet in accord with UDC 11-3G-3B.3 per preliminary plat condition#3h. e. In the street buffer along Waltman Ln., depict enhanced landscaping as set forth in UDC 11-3B-7C.3f for entryway corridors and comply with the standards listed in UDC 11-3G- 313.3 in accord with preliminary plat condition#3h. Include a note stating how you're complying with these standards. 6. Submit a copy of the Ada County Street Name Review letter for the final plat. 7. A 14-foot wide public pedestrian easement for the multi-use pathway shall be submitted to the Planning Division for approval by City Council and subsequent recordation prior to submittal of the final plat for City Engineer signature. 8. Address signage needs to be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 9. Comply with the common driveway exhibit included in Section V.0 above and the associated standards in UDC 11-6C-3D for common driveways. 10. All existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 11. All fencing shall comply with the standards of UDC 11-3A-7C. 12. All development shall comply with the dimensional standards for the R-8 or R-15 zoning district, as applicable, listed in UDC Tables 11-2A-6 and 11-2A-7,respectively. 13. The Developer shall construct a bridge across the Ten Mile Creek and extend Corporate Drive from the north to Waltman Lane as required by ACHD, prior to issuance of any building permits within the first phase of development, as set forth in the development agreement. 14. The Developer shall widen W. Waltman Lane and reconstruct and widen the bridge across the Ten Mile Creek after the Phase 1 improvements have been made,which include the Corporate Drive extension, as required in the Cooperative Development Agreement with ACHD, as set forth in the development agreement. 15. No building permits shall be issued for this development until the property has been subdivided as set forth in the development agreement. 16. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Dr. through The Landing Subdivision, as set forth in the development agreement. 17. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 11 B. Public Works SITE SPECIFIC CONDITIONS: 1. Ensure that Water and Sewer services are installed perpendicular from the main to the Water meter. 2. Water meters are required to be located in landscape area near right of way. required to be perpendicular from main to the water meter and no portion of the water service can cross a property other than the comnton lot and property being served. 3. Local roads valves are only needed on two of the legs. A valve on the North leg at the crossing of W, Brown Frout Dr. and Tearney Ave. is not needed. 4. Please end Water Main with a hydrant on SW 7'h Ave. as to avoid dead end. Fire hydrant lateral needs 10' separation from the sewer main so sewer will need to be adjusted accordingly- Preliminary plat submittal showed looping from SW 7th Ave to S Kearney w�ich is preferred but the dead-end is allowed with a hydrant at the end of it. 5. Water and Sewer main are rcquircd to be centered within the Easement. Easements should he graphically depicted on the pion set All water mains,hydrants, and water meters must be located within an easement if they are outside of the right of way. Easements for sewer depths 0-15 =20 ft, 16-20 ft=30 ft,21-30 ft=44) ft, 30 ft+= 50 ft GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of casctnents for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate matena]s shall be used in conformance of City ofMendian Public Works Dcpartments Standard Specifications. 2. Water sen•icc to this.site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature an the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5_ A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping. amenities, pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian rcquines that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 987-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a finc item final cost invoicing provided by the owner to th1 City. The surety can be posted in the fora, of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Deparcment website. Please contact Land Development Servicc for more information at 887-22.11. 8. In the event that an applicant andlor owner cannot complete non-life- non-safety and non-health improvements. prior to City Engineer signature on the final plat and.or prior to occupancy. a surety agreement may be approved as set forth in[ADC 11-5C-3C. 9_ Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans-,N.ith Disabilities Act and the Fair Housing Act. 11. Apnlicant shall be resnonsible for application and comr)liance with anv Section 404 Permitting that may be required by the Army Corps of Engiileers. 12. Developer shall coordinate mailbox locations-with the Meridian Post Office_ 13. All grading of the site shall be performed in conformance with MC'C I 1-1-4B. 14, Compaction test results shall be submitted to the Meridian Building 13cpartment for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwaicr elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility w11hin this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities hay a been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project_ IT At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of certification of occupancy for any structures within the project. I.S. Strut light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighling (http://www.meridianol-ty.or_e)pfubllc_woTks.aspx"-Id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information an the locations of existing street lighting. Page 13 19. The applicant shall provide easement(s) for all public water/sewer niains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but radter dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed casement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I1" map with bearings and distances (marked EXHIBIT B) for review, Both exhibits must be sealed, signed and dated by a Professional band Surveyar_ DO NOT RECORD, Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the 5nal plat by the City Engineer. 20, Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21, Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing Nw.hether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 21 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 S. Contact the Central District Health Department for abandonment procedures and inspections. 23, The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11.38.6.). The applicant should be required to use any existing surface or well water for the primacy source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to developmcni plats approval. 24, All irrigation ditches, canals, laterals, or drains, exclusive of natural wvatcrways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per 1JDC 11-3A-6, In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable Iaw or regulation. W IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Stonehill Crossing Subdivision (FP-2024-0020) by David Evans and Associates, Inc., located near the South side of W. Amity Rd., midway between S. Meridian Rd. and S. Linder Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATES: 1/21/2025 & 1/28/2025 ORDER APPROVAL DATE: 2/18/2025 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF TWO (2) ) CASE NO. FP-2024-0020 BUILDING LOTS ON 16.06 ACRES ) OF LAND IN THE R-4 AND R-8 ) ORDER OF CONDITIONAL ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT STONEHILL CROSSING ) SUBDIVISION NO. 1 ) BY: DAVID EVANS AND ) ASSOCIATES, INC. ) APPLICANT ) This matter coming before the City Council on January 21 and 28, 2025 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING STONEHILL CROSSING SUBDIVISION, SITUATED IN THE NORTHWEST '/4 OF THE NORTHEAST '/4 AND THE NORTHEAST '/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 3N, RANGE 1 W, BOISE-MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STONEHILL CROSSING NO. 1 FP-2024-0020 Page I of 3 IDAHO, 2024, HANDWRITTEN DATE: 12/13/2024, by CODY M. MCCAMMON, PLS, SHEET 1 OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated January 21, 2025, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STONEHILL CROSSING NO. 1 FP-2024-0020 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 18th day of February, 2025. By: Robert E. Simison Mayor, City of Meridian 2-18-2025 Attest: Chris Johnson City Clerk 2-18-2025 Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 2-18-2025 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR STONEHILL CROSSING NO. 1 FP-2024-0020 Page 3 of 3 EXHIBIT A STAFF REPORTC�WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 1/28/2025 c DATE: Continued from: 112112025 m auel°° o Y = - Subd"ision O raYdiH Eslatgsl� z p TO: Mayor& City Council FROM: Sonya Allen,Associate Planner �E A*n LLC 208-884-5533 s Faade E AMITY ROAD - susc SUBJECT: Stonehill Crossing No. 1 5 Nil gym, Ch Inc_ GRHH FP-2024-0020 �, Mills Twmsquan: Aiiuity LLC Media Base LLC LOCATION: South side of W. Amity Rd.,midway between S. Meridian Rd. & S. Linder Rd. I A'uguiw'�- C°my Baaon Allure Subdihs' in the north 1/2 of Section 36, T.3N.1 FRlim�^aryRa R.1 W. 1. PROJECT DESCRIPTION Final plat consisting of two(2)building lots on 16.06-acres of land in the R-4 and R-8 zoning districts. This is the first phase of Stonehill Crossing Subdivision. 11. APPLICANT INFORMATION A. Applicant Bryan Appleby,David Evans and Associates, Inc.—9175 W. Black Eagle Rd.,Boise,ID 83709 B. Owner: Kason Wedel, Stonehill Church, Inc.— 1608 N.Meridian Rd.,Meridian,ID 83642 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2023-0041)in accord with the requirements listed in UDC 11-613-3C.2. The preliminary plat included a condition (i.e.#2.1g)for a local public street to be provided off S. Oak Briar Way between Lots 1 and 2,Block 1 for access to these lots instead of a direct access to the collector street.It was required to extend at a minimum,to the east boundary of Lot 2,Block 1 and to extend to the south with future re-subdivision of Lot 3,Block 1.Based on the City's requirement,ACHD also included conditions(i.e.#10&#11)that required a local street to be constructed between these two lots and extend to the site's east property line. Since Page 1 that time,ACHD has determined they will not allow a local street in this location.After much discussion with ACHD on this matter, Staff requests Council approval of a change to the access in this location to allow a private driveway access via S. Oak Briar Way on Lot 1,Block 1 with a temporary ingress-egress easement to Lot 2,Block 1.When an alternate access is available for Lot 2 with development of Lot 3,Block 1,the access easement should terminate, and access should be provided via a local public street. For the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase,and the amount of common area cannot decrease. Because there is no change to the number of buildable lots and no common open space in this phase, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat, as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 7/6/23) • — Y 6 Aaauuawsao�n �. HWNi7 TIw�Eois ,p � A I iG F. III �• � I° IpI����...J � ; ��.� ���ppi; �� 1111-1i 711lli ' -JIT j •fir° a 1 lilt �i; 6 ==ado � �$"t�§�� � ;•lif 'I�� 01 i'I s 9I�lI�II� 0 CM ._.;_. �_i 1 I -- „ --- ------- ----- y' ° i o LLI if , , , �•� I 1 A No Page 3 B. Final Plat(dated: 12/13/24) 963 z is _ � a '� !- d� W a A ■ o O e • ■ v i I I � I i 7 � r • ss����E!s �� �e� _[A C7 m F ° 1 I , by �i i RI I + u 1 a o C P v _ C t W G '• - M •v �0 En N n o 11 BI QCI Cr N ■ ,eo-as I c5 I IM A f � n . \ a p $ '$ -'r�' ❑N 0 oR � � a otl un I J r / jF XXX \ �y�.yy.pt C.�."'-, i pcz Via' ,♦ \\ /r/ r d4� ;I�� I 1 I- Oo Lp Al AOTiI i�K••�M '--� e ' � ,'� ��y. ` •e 3.il.iC00N ACVZ I In �✓�I S E a s Page 5 g ek e y e s ID s $ § 'a 2k '3 ; a s i t $ $ Y NMI efill � €�a- s 5 bFa m J 111�10 s- S3�i � �8 6 ©U1 C7 � �g � t � � a; is � ansGeSaiccEccc "sc � , B s �a, L aw m j E a 1-1 i e ads Jill k a p �$k g aSY %a �` g R $ '� fi k = wa Z nl I I _J1L 0 I � , I I I ate- [ -----, 1 II a Cry agg �[l i �•• 's � �' Sal a fl p fJlkmai S t Ana �• `TAau � � � � _ �. � �Ig,� l` A• xsL� _� •, 4 1 .r §§ R a 11 Ell Isl uelQ�y 41 NM 21'i07Y 150.06' � 3 C. Landscape Plan(dated: 12/18/2024) N L j IN ON yy M I 1 9 n 4 1 _ �r Page 7 D. Driveway Access to Existing Residence&Possible Redevelopment Plans for Lot 1,Block 2 Driveway Access to pl--Cherah 28 �_ �'. Existing Residence s 1 —pased Clpxa N[[ess E e enl (` Private Dr' y Suilt Ip PUAII Slreet Standards 30=:L .' NilFuture Publlc Slreat fit=DO 2 2 3 4 5 6 9CUar M9 Dwae.[Prelarred la[mlaa Wbrle a oF,, - Reeleenu Remains in Pleca � _ * - ` w4 Exl xting—Id.— 14 _ -- Ii A 4 i ' I I r 1 13 1 2 staryra[A s�bamixiea 1 �� Lot 2,Block 1 P reli minary Plal I IbY oiheral ( ` - t &.fMXC FYI Koo 04 5 _ 12 StpP yrllrolnerY Plej'on 10 i `r by otM1era 9 11 t ^^., fA " .. Alternative Future Driveway Planned Chur[A 28 ; Access to Existing Residence j Lot 1,Block 1 29 1 ---_ _ ;M�30-- __— Future Publlc Sty X x pl tarnxlive Future Driveway Le[ation ' TppagrepAy fa[hellenping 1 La,S•it elevation tliflerence-9X preaeJ i esz dlren route le.zlating garage Ex[exeivey wive ar vewaYlpavemant - X • -' r .J L1 mww W9 I ' Driveway Would Need io be Removed 4`p !V a Exlsting Redden[ _ � - - _ G 11 4 14 i r ` ----- -- 1 2 1 j steryre[os�ba 3 pi., n Lot 2,Block 1 P rellminary Plat 5 1bY IM1eral ; � i ✓fit 1 2 HL V2 ,I t+ Stor'rocN Subdlvlslon St 10 P i'y a;he,Illal 11 6 t o .Driveway • +1.1L1�( I LL Tal �� IIIIIIIIIIII Prirata Driveway— ---- — — -- + o a 100, 415 28 : . ,. r • • 1 _ A li Prirata Drir.way I oa BE" W9 i VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2023-0041,Development Agreement Inst. #2024-031550). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council approval of the preliminary plat(i.e.by March 26,2026) as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Idaho Survey Group,LLC, stamped on 12/13/2024 by Cody McCammon, shall be revised as follows: a. Note#5: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." b. Note#7: Include the recorded instrument number of the CC&R's. c. Note #10: "Direct lot access to W. Amity Road is prohibited except for the emergency vehicle access on Lot 1, Block 1 unless otherwise restricted by the Ada County Highway District." d. Note #11: "Direct lot access to S. Oakbriar Way is prohibited unless otherwise approved by the Ada County Highway District and the City of Meridian. An edditienal exception is approved for ene two (4-2)permanent driveway accesses for Lot 1, Block 1, as depicted hereon." e. Note #15: Include the recorded instrument number of the City of Meridian water main easement. f. Note #16: Include the recorded instrument number of the City of Meridian sewer main easement. g. Note #17: "A peFpetual eommo temporary ingress/egress easement is hereby reserved across Lot 1,Block 1 for the benefit of Lot 2,Block 1 until such time as an alternate access is available for Lot 2 and Lot 2 is redeveloped(e.g.residence is torn down and replaced by a new single-family residence, lot is further subdivided, etc.); at such time, the easement shall terminate and the driveway on Lot 2 via Lot 1 shall be removed." h. Include the phase number in the subdivision name. i. Include the recorded instrument number of the ACHD temporary easement graphically depicted on Sheet 3. j. Include the CP&F No. on Sheet 1. k. Depict a minimum 20-foot wide street buffer along S.Oakbriar Way,a collector street,and a minimum 25-foot wide street buffer along W.Amity Rd., an arterial street,in a common lot or on a permanent dedicated buffer easement labeled as such,with a note that it will be maintained by the property owner, homeowner's association or business owner's association(as applicable) as set forth in UDC 11-3B-7C.2a. The buffer along W. Amity Rd. shall be measured from the ultimate curb location as anticipated by ACHD. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 12/18/24, shall be revised as follows: a. Depict the right-of-way dedication for the multi-lane roundabout planned at the W. Amity Rd./Oak Briar intersection consistent with the Master Street Map; and the additional right-of-way for W.Amity Rd., as required by ACHD. b. Widen the street buffer along S. Oak Briar Way to 20-feet and the street buffer along W. Amity Rd. to 25-feet and depict landscaping in accord with the standards listed in UDC 11-3B-7C.3. Street buffers shall be measured from the back of curb or the ultimate curb location as anticipated by ACHD where the street is anticipated to be widened. i. Where the buffer is encumbered by easements or other restrictions (i.e. overhead utility line along Amity Rd.),the buffer area shall include a minimum five-foot wide area for planting shrubs and trees per UDC 11-3B-7C.lb; or, Class I trees(i.e. ornamental trees)may be planted if allowed by the utility company. ii. All street buffers are required to be planted with a variety of trees, shrubs, lawn or other vegetative ground cover—shrubs should be added. iii. Lawn and other grasses requiring regular mowing shall comprise no more than 65% percent of the vegetated coverage of the landscape buffer. This maximum area excludes landscaped parkway with trees.All other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover. Areas along required walls and closed vision fences should generally be reserved for planting beds with a minimum of one(1)shrub per seven(7) lineal feet of frontage. iv. The calculations table should be updated to reflect compliance with the aforementioned standards, including required vs.provided number of trees, percentages and tree classifications (i.e. Class 1,11 or 111). c. Depict the edge of pavement for Amity Rd. on the plan. If the unimproved street right-of- way is 10-feet or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-313-7C.5. d. Depict the location of the emergency access driveway via W. Amity Rd. on Lot 1,Block 1 and label it as such. 6. All existing structures that do not comply with the setbacks of the R-4 zoning district in UDC Table 11-2A-5 shall be removed from the site prior to submittal of the final plat for City Engineer signature. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. The existing home on Lot 2, Block 1 shall connect to City water and sewer service within 60 days of it becoming available and disconnect from private service as set forth in MCC 9-1-4 and 9-4-8. 9. The address of the existing home on Lot 2, Block 1 shall change with recordation of the subdivision. 10. The ingress-egress easement depicted on Lot 1,Block 1 for the benefit of Lot 2,Block 1 shall be temporary until such time as an alternate access is available for Lot 2 with development of the adjacent property to the east of Lot 2, Block 1 and Lot 2, Block 1 is redeveloped (e.&. residence is torn down and replaced by a new single-family residence,lot is further subdivided, Page 11 etc.); at such time, the access easement shall terminate and the driveway on Lot 2 via Lot 1 shall be removed. 11. Underground pressurized irrigation water shall be provided to Lots 1 and 2, Block 1 with development of the subdivision as set forth in UDC 11-3A-15. 12. A sign shall be erected at the terminus of the collector stub street(S.Oak Briar Way)that states the street will be extended and widened in the future as required by ACHD. 13. All development shall comply with the dimensional standards for the R-4 or R-8 zoning district, as applicable, listed in UDC Tables 11-2A-5 and 11-2A-6,respectively. 14. The final plat shall be recorded prior to issuance of Certificate of Occupancy for the proposed church on Lot 1,Block 1 as set forth in the Development Agreement. 15. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Lennon Pointe Subdivision (H-2024- 0060) by Rodney Evans + Partners, LLC., located at SE Corner of N. Linder Rd. and W. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C��(IEFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for 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 for Lennon Pointe Subdivision,by Rodney Evans+Partners,LLC. Case No(s).H-2024-0060 For the City Council Hearing Dates of. January 21, and February 4,2025 (Findings on February 18,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 4, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 4,2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 4, 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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 4,2025, 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 City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 4,2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -2- takings analysis. G. Attached: Staff Report for the hearing date of February 4, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -3- By action of the City Council at its regular meeting held on the 18th 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 2-18-2025 Attest: Chris Johnson 2-18-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-18-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LENNON POINTE PP PS H-2024-0060 -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING February 4,2025 Legend - 0 A 0 DATE: Continued from: 112112025 UProject Location TO: Mayor&City Council n ® HE FROM: Sonya Allen,Associate Planner - - - 208-884-5533 �o d � l SUBJECT: H-2024-0060 , i Ham- Lennon Pointe—PP, PS so " �F' 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.1 RAW. (Parcel#S1201223115) EE FR, 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 approved plans 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,pedestrianibicycle 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 (yes/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. T 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)l 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 • 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 Q Legend 0 Legend nr' MCI � Pro}ect Lacai�arEHEI Prot' Lce❑�or e I 'id3e1 ti�rt FHT�ffl mu vn -r 7}�rJ�.stt . --- ®C3 HIE = Page 3 Zoning Map Planned Development Map cc cc Legend R-4 legend Pro' t Locai�an Wo Jtjp'-'J--f Laoainan Wo k �R�41 i-i City Limit _ RUT R-$ — Planned Parcels Ru : — 1 R_15 - . ■ L- . E �R .A • UlmRU UT F 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(ht(ps://www.meridiancity.org/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-15 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, Staff finds 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,Staff finds the proposed project to be generally consistent with the MU-C designation. B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01G). 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 ofpublic streets, common open space, and different land uses within the same project area. Staff finds 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"(3.02.01G). 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 11-213-3. 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 VILG 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 ingress-egress easement should be provided on the plat across Lots 2 and 3, Block 1 rg anting 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. 15th Ln. along the north side of Lot 11,Block 1; Lot 4,Block 1 should terminate on the west side of N.W. 15th 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 11-3F-4B.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 w w z 1 � � PRIVATE ROAD SECTION SCAIF-VM 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. I. 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 I I-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 I I-3A-I9B.4b. J. Landscaping(UDC I1-3B): 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 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 a�gre�gress 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: The Meridian City Council continued this item from January 215i to the February 4t1'.2025 hearing. At the public hearing on February 4',the Council moved to approve the subject PP rem 1. Summary of the City Council public hearing: a. In favor: Ben Semple,Rodney Evans+Partners b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony. a. None 3. Key issue(s)of discussion by City Council: a. None 4. City, Council change(s)to Commission recommendation: a. None Page 12 VII. EXHIBITS A. Preliminary Plat(dated: 10/25/24) li'$! ��fti� s` �� N0151A1fl8nsa[b ..• N s 31NIOd NONN3� G r a �Epp{ s R Ufa sF i€s; a # ➢ ' x ; eI 11P1� �$$IN 1 gf4a !1� d9 da4 9�",T � 9i d �p 3I I R x I� i a.Y �s_a . 5 n ose�A�r s[ n rccl nz ail -,wec a.Y , o�4�uol �l •a� iI 6 9� I; oiG iI�liIll a� ;I�a iI�iIl aj9-1;•j9a•ilil o� It�o i,�iqi ��i i�i-eja a ii IW ii I.•' �� I `�� I `�� � � \ I— J v �N E•� � � -s y I I i IF, Al o oIIC pI10�011p A xa sI zr , r PL ti r l: R nw[ia�smn JF ' J h j J ! e e$1 gEy Page 13 NO IS IA cons will J� I , � I " I I • I I , ! I I A� IN 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 a33o oII,� �IlO .alla .ollo � � � '�I '� I I I � l ii I p•ifh� 'I Ili 7T, (� + /� Ilr�1 nn Ilp �� /3/ i .• !� 'Cl IIv G II� ' I 3 3 3 3 3 3 3 3 3 3 1 9 � ¢ Page 14 B. Private Street Cross-Section(dated: 4/19/23) Moe rnsem'�iae ZVlV1 30 1IN0 � 9wain%Qo u&Ls@M �� "-LUNCONM E-M M (KM95NI1lM9NOO NMMJs M NOISIA109115 e, MNIOd NONN3l V V yyy g�jy .- � 0 au�Na awn N,u � ¢ 9a �y9 V F2 In H V) �d ig 6 � yard aawanwnas yaw wao w g � Page 15 C. Common Driveway Exhibit x " a sy� r , � � YJv 9J�'itiV3a C> I r I I of m I lr � 3nlaa r+ow603 w063 I x.OVB135 30VAVO bi"OZ f �a woa� R NOv9135 3DV aV0,I b I[ x VJ1135 Oad,,1MOaQ,IC L6 4 of `I Caniaa NOwwo�.oz N L I I a:o 0 a r > r _0 1 r s x�Q y � r r r II N m W U X/� r LU T r r ! Q j IN _. ,'� J N NJtlg135�Jb3a ,ZL ry O3 OLD' Ss" �i- ���� �ii a-p.•y �i,r. -i�u i�ii��,i4�i� Page 16 D. Landscape Plan(dated: 10/11/2024) dnl MD soeesa+•35ba �,LUJ 15NQ3 W3LEM ma'eoR mns'Aw Ivu3md 5 use 0,11d•swab DHLL1MMW NWRLS" 31 NDd NONN31 4 5 R ! 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Open Space Exhibit(date: 10/11/2024) &Amenity Detail la i d �y. ,1 ❑ � 0� 9 S �� ❑ @ 1 f i g G] 11 z r W 4 N g � a W ¢ D w Ir a �dF�.M1LL w J S. m c{xi Qu zOu) Z F m Z O N K N O e' ❑ U [J� UW � g G a V KV H K N�. Ir��l S��f'•�.20 t}t q 0 LZ-1 FF 2 pZp O Q q 0 LL N n N J - WW Z a ❑ J yKy y O z V a O W i Q 4 9 a Q w (D W 4 L J W r,] a s y G p{"2 0 7 F w a r1~1'0 6 Cp waf 0- ❑ ¢W`."' Z W IWJLL_ -W N�m5w G J Ll W ❑ Dymoaxc Z wi a3cm7 �u a H w O ti o 0 W J L.L Oo�O p LL a xFo 3 gc gai C) r10 =�`�w❑ J ow Q Q oaaV ❑ r D g d O :i LJ i rc d Z U U 2121 rc a Do I� o - l \ ' ❑ ill r m s 4 X � I � W s d --� fh e m Lu o — - '0�J JEGNII 'N x (7 u w ❑ u m ¢ Page 23 �► iiii .I i F. Emergency Access Exhibit X313NI HV Id o00 WL£6ol'35IO8 1N3W3AOVdW1 Awavou 4 DNUIMW Ul-'M 1S)IDDNNY9-M ZRVI • '.Tlld'drwav�uuv�sNoo ur�saM NOISIAIGU 1S () y 31NI0d NONN3l g G 6 w 0 W -- ' L: W I i i �K • NJ- VfilVlll-`.I VWIiI- - - - -- F W W •—_ _—S V-IJ3TICK ENTRANCEY . LU 2 W N Nwissin err N� i � � 1 IL WPE89LESra'NE Lx left/ _:' �•z -_—__�_ _ __ v N LINDER RDA ' I Page 25 G. Street Names Approved by the Ada County Street Name Review Committee >r eve MUM.I.�,wis� -t!.9 A s _� ytit0 all j _ 4444JJJJ {� 10 14 f ea {0 , fit v - N 1 �✓ t �p 11 € � 50'�E9 M,54,E4A06 9tl�a a re-n a . n<e �+¢ a a } nr a°r. $ •c ua 18 T RRR€.Sa t I 171 1 i ..�6i �, Q ! 0 0 ! 0 8 (9 0 ! O O,IO [V 1 ' oe'ae .oece oerer ,[o.aar[ eaoe neea .ee a¢ o� 1 [su _ [Ow �110na)-3AY NwwV N412-N O a it knz s of � I I I I I s s •� �n� . a s k x mu ME rq I ❑� m.x mz¢ arz¢ m.[ mu ma .mlc ,,°—„/ 3 $ Qa H15TMN 0 m Z a ak R� 0 � oow a ,95'SLS M.EO.[0 AON ��? ro� xlana r R - —aaonln•rr� ,EP9[9i x .. ,6Z'669Z M.EO.I9.dON ����S:,rVlatr39 MiO SrSVU Page 26 H. Conceptual Building Elevations See the project file for renderings of the proposed structures (https:llweblink.meridianciV.oLglWebLink/Browse.aspx?id=367303&dbid=0&repo=MeridianQ 8 # AMMMUT �.ALa•.� - j{r d d v F F I I I I I I. 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Z 4m �m W raD iD - �� uy y LU LL Z U Z W L ou I I I I I I A rI�✓(� r - •: �� tl N V/ y1 z `� 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 I I-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. 15t1i Ln. h. Depict an access easement for the driveway proposed via N. Linder Rd. to the commercial property on Lot 3,Block I 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 11-3F-413.2d. In addition,if a curb exists next to the drive aisle,it shall be painted red. j. Depict an in regress 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-I IC.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-11 and landscaping in accord with UDC 11-313,per UDC 11-3G-3B.1d. 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 1I- 3A-15,UDC 11-313-6 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 11-3B-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. 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/WebLinkBrowse.aspx?id=367302&dbid=0&repo=MeridianCity 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 City Council finds that the proposed plat, with the Commission's 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 City Council 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 City Council 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 City Council 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 City Council 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 City Council 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. Page 39 4. The proposed residential development(if applicable)is a mew or gated development. (Ord. 10-1463, 11-3-2010,eff. 11-8-2010) 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 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Fairview Drive-through (H-2024- 0049) by Ethan Mansfield, Hawkins Company, located at 4300 E. Fairview Ave. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for a Conditional Use Permit and Development Agreement Modification,by Ethan Mansfield,Hawkins Companies,LLC Case No(s).H-2024-0049 For the City Council Hearing Date of: January 28,2025 (Findings on February 11, 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 28, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 28,2025, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 28, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 28, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 28,2025, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a Conditional Use Permit and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 28,2025,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC I 1-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049) -2- City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 28,2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049) -3- By action of the City Council at its regular meeting held on the 18th 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 2-18-2025 Attest: Chris Johnson 2-18-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-18-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FAIRVIEW DRIVE-THROUGH CUP,MDA H-2024-0049) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,­­ DEPARTMENT REPORT HEARING 1/28/2025 Legend DATE: Project Location TO: Mayor& City Council :::Area of Impact WIN City Limits FROM: Linda Ritter,Associate Planner O Analysis ..;.,... 208-884-5533 lritter@meridiancity.org APPLICANT: Ethan Mansfield,Hawkins Companies, LLC SUBJECT: H-2024-0049 Fairview Drive-Through CUP,MDA LOCATION: 4300 E. Fairview Avenue, located in a portion of the SW'/4 of the SE '/4, Section 4,T3N,R1E I. PROJECT OVERVIEW A. Summary A Conditional Use Permit for the development of an 1,843 square foot quick-lube oil change facility and drive-through coffee shop within three hundred(300) feet of another drive-through facility and an existing residence; create a new development agreement to establish new hours of operations for the coffee shop to begin service at 5 AM; and approve new concept plan on a 0.76-acre parcel located at 4300 E. Fairview Avenue in the C-G zoning District. B. Issues/Waivers The applicant is asking for a Council waiver to reduce the twenty-five(25) landscape buffer for the area in which the trash enclosure would occupy in order to expand the existing trash enclosure on the property to the west with the property owner's permission. Currently,a portion of the trash enclosure on the property to the west extends onto the applicant's property. C. Recommendation Staff: Approval w/conditions D. Decision Planning and Zoning Commission: Recommend Approval City Council: Approval City of Meridian I Department Report 1. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Quick-Lube Oil Change and Drive-Through Coffee Shop - Existing Zoning General Retail and Service Commercial District(C-G) VII.A.2 Proposed Zoning General Retail and Service Commercial District(C-G) Adopted FLUM Designation Commercial VII.A.3 Proposed FLUM Designation Commercial Table 2: Process Facts Description Details Preapplication Meeting date 8/5/2024 Neighborhood Meeting 9/5/2024 Site posting date 12/5/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.D • Comments Received Yes, Staff Report - • Commission Action Required No - • Access Fairview Avenue - • Traffic Level of Service Better than"E" - ITD Comments Received No Comments Meridian Fire No Comments Meridian Police No Comments Meridian Public Works Wastewater • Distance to Mainline Sewer is available at the site • Impacts or Concerns Ensure no sewer services pass through infiltration trenches Meridian Public Works Water • Distance to Mainline Water is available at the site • Impacts or Concerns No Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Fairview Drive-Through CUP,MDA H-2024-0049 (copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1104438700 Date Retrieved:2024/11/8 Parcel Count Parcel Acreage Infill Indicator: 332 Surrounding Area 197 160 ® City Limits 869.7 ■ Not City Household Household& Population Growth Households 02020 Population Change:9.7% Population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 20,000 Use Types Residential Addresses All Addresses ■ Single-family 57% 46% 20% Multi-family ® Commercial 43 34% Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 0 2 4 6 8 0 500 1000 1500 ■ Single-family ® Multi-family Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics Figure 2:ACHD Summary Metrics Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic Count is based on Vehicles per hour(VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Fairview Avenue 142-feet Arterial 1611 Better than "E" *Acceptable level of service for a five-lane principal arterial is"E" (1,780 VPH). **ACHD does not set level of service thresholds for State Highways. 2. Average Daily Traffic Count(VDT) Average daily traffic counts are based on ACHD's most current traffic counts. • The average daily traffic count for Fairview Avenue west of Cloverdale Road was 35,600 on July 16, 2024. Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. Figure 3: Service Impact Summary ImpactService ■ ■ Ready Marginal Caution L0�a 011 o0 a� Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview Commercial Land Uses-This designation will provide a full range of commercial uses to serve area residents and visitors.Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The property is currently zoned General Retail and Service Commercial District(C-G)which allows the largest scale and broadest mix of retail, office, service,and light industrial uses. Table 4: Proiect Overview Description Details History AZ-04-026,CUP-04-035,DA Inst.# 105022224 Mountain West Bank Acreage 0.76 B. History The property was approved for annexation and zoning on October 26,2004,from Rural Urban Transition(RUT)to C-G for approximately 2.48 acres of land and a Conditional Use Permit (CUP)for a new 4,500 square-foot bank with a drive-through. The current Development Agreement requires a CUP for all uses and restricts the hours of operation from 7 am to 7 pm. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): Applicant is proposing a construct a quick-lube oil change facility and drive-through coffee shop. The building will be approximately 1,843 gross square feet overall and is proposed to be twenty-six(26) feet in height. The applicant is proposing seventeen 17)parking spaces which exceeds the required seven(7)spaces per UDC 11-2. The site is currently vacant with no structures. 2. Proposed Use Analysis (UDC 11-2): Applicant is proposing a construct an 1,843 square foot building with a quick-lube oil change facility and drive-through coffee shop. The applicant is proposing to add lane striping to better define the additional queuing space available to each user as customers will typically enter the development from the southern entrance off Fairview Avenue. Directional signage will indicate the location of the oil change tenant and the coffee shop tenant's queuing area. The applicant states the typical number of services for this oil change user is up to six(6) vehicles in the peak hour. The site plan shown in Exhibit VIIC shows the proposed quick- lube oil change shop can accommodate up to 6 vehicles—two in the service bays and four(4) stacked behind—without vehicles stacking in the east-west drive aisle. Per the queuing analysis completed for the coffee shop(Human Bean),the 95th percentile queuing rate is four(4)vehicles,with a maximum expected queuing of six(6)vehicles. The applicant states there would be no vehicles from the coffee shop stacking in front of the oil change entrance. The striping and directional signage provided will ensure that even in unexpected instances of extremely high demand, stacking can be reasonably accommodated. A pedestrian entrance to the site will be placed in front of the coffee shop to accommodate bike/pedestrian walk-up service. City of Meridian I Department Report III. Staff Analysis Employee parking spaces have been placed along the north side of the site and will be signed as"Employee Parking"to eliminate the possibility of conflict with the east-west drive aisle during the coffee shop's busiest hours. In reviewing the site plan, staff feels moving the employee parking to the south side of the lot to align with the parking layout for the adjacent bank to the west. Staff feels this will help minimize conflicts between vehicles using the coffee shop drive-through and customers accessing the quick-lube oil change facility,while also ensuring sufficient stacking space for the coffee shop drive-through. 3. Dimensional Standards (UDC 11-2): The proposed drive-through building will be approximately 1,843 gross square feet overall and is twenty-six(26)feet in height with seventeen(17)parking spaces. This site complies with the dimensional standards for the C-G zoning district. 4. Specific Use Standards (UDC 11-4-3): Vehicle Repair, Major and Minor(UDC 11-4-3-37) A. Where adjoining a residential property or district, all repair activities(including,but not limited to, open pits and lifts) shall occur within an enclosed structure. 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 the street. Drive-Through Establishment(UDC 11-4-3-11) A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1. Not within three hundred three hundred(300) feet of another drive-through facility, a residential district, or an existing residence: or 2. Separated by an arterial street from any other drive-through facility,residential district or existing residence; or 3. Not within the O-T zoning district. Otherwise a conditional use permit is required. A Conditional Use Permit is required as the drive-through is within three hundred(300) feet of another drive-through and an existing residence. B. All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable),and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. The site plan shown in Exhibit B provides the location of the stacking lane for the proposed coffee shop. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties.At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles,and the public right-of-way by patrons. Moving the employee parking to the south side of the lot to align with the parking layout for the adjacent bank to the west will help minimize conflicts between vehicles using the coffee shop drive-through and customers accessing the quick-lube oil change facility, while also ensuring sufficient stacking space for the coffee shop City of Meridian I Department Report III. Staff Analysis drive-through. 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. 3. The stacking lane shall not be located within ten(10)feet of any residential district or existing residence. The stacking lane is proposed to be over twenty-five feet away from the residential property. 4. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane. The staking lane is not greater than 100 feet in length therefore an escape lane is not required. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive-through is visible from E. Fairview Avenue. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. There is an existing six (6)foot wooden fence on the north side of the property adjacent to the existing residential home. Restaurant(UDC 11-4-3-49) A. Parking. 1. At a minimum,one(1)parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space,a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Per UDC 11-3C restaurants require one(1)parking space for every two hundred and fifty (250)square feet of gross floor area. The total number of parking spaces required is seven (7). The applicant is proposing seventeen (17)parking spaces which exceeds the required number parking spaces for this proposal. D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan 3.07.02A, Comp Plan 5.01.02D, UDC H- 3A-19): Require pedestrian circulation plans to ensure safety and convenient access across the commercial development. Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. Therefore, buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a minimum of five(5)feet in width from the perimeter sidewalk to the main building entrance(s)for nonresidential uses. The internal pedestrian walkway shall be distinguished City of Meridian I Department Report III. Staff Analysis from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. In reviewing the site plan layout, staff recommends that employee parking be located on the south side of the lot to align with the parking layout for the adjacent bank to the west. This arrangement would help minimize conflicts between vehicles using the coffee shop drive- through and customers accessing the quick-lube oil change facility, while also ensuring sufficient stacking space for the coffee shop drive-through. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets Per UDC 11-2B-3, landscape buffers along arterial shall be thirty-five (35)feet in width. The applicant will be required to install the landscape buffer along E. Fairview Avenue. The landscape buffer shall be located entirely outside of any existing right-of-way and any additional right-way required by ACHD with this application.All trees shall be located beyond the required street right-way. ii. Parking lot landscaping Per UDC 11-3B-8, the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort ofpedestrians.A five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas. iii. Landscape buffers to adjoining uses Provide a minimum twenty-five (25)foot wide landscape buffer along the entire north property line,as proposed. Materials used in the buffer shall meet the requirements of UDC 11-3B-9. The applicant is requesting a Council waiver to place the trash enclosure into the landscape buffer to match the existing trash enclosure for the adjacent property to the west. Staff is asking the applicant to work with the adjacent property owner to expand the existing trash enclosure and request council waiver to reduce the landscape buffer for the area in which the trash enclosure is located. iv. Storm integration 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. Parking (UDC 11-3C): i. Nonresidential parking analysis Per UDC 11-3C Restaurants require one(1)parking space for every two hundred and fifty(250)square feet of gross floor area. The total number of parking spaces required is seven (7). The applicant is proposing seventeen (17)parking spaces which exceeds the required number parking spaces for this proposal. The applicant will be required to install wheel stops for the compact stalls or widen the sidewalk to seven (7)feet to prevent vehicles from overhanging on the sidewalk. ii. Bicycle parking analysis Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty- five(25)proposed vehicle parking spaces or portion thereof, except for single-family City of Meridian I Department Report III. Staff Analysis residences, two-family duplexes, and townhouses. Based on seventeen (17)parking spaces being proposed, one (1) bicycle parking space is required. 4. Building Elevations (Comp Plan, Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.F. Building materials consist of stucco, stone, wood and metal accent. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. The Comprehensive Plan's goal is to require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. 5. Fencing (UDC 11-3A-6, 11-3A-7): There is an existingfence along the north property line that was required with the annexation, zoning and CUP in 2004. No additional fencing required. E. Transportation Analysis 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): Access to the property is from E. Fairview Avenue in accord with UDC 11-3A-3. The Comprehensive Plan's goal is to require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties. 2. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-I S): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2. Storm Drainage (UDC 11-3A-18): The applicant shall design and construct and adequate storm drainage system in accordance with the city's adopted standards and shall follow Best Management Practice as adopted by the city. 3. Utilities (Comp Plan 3.03.03A, UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main, fire hydrant and water service require a twenty- foot(20)wide easement that extends ten(10)feet past the end of main,hydrant, or water meter.No permanent structures, including trees are allowed inside the easement. G. Development Agreement The Applicant is requesting a modification to the existing Development Agreement (DA)Inst. #105022224. The current Development Agreement requires a CUP for all uses and restricts the hours of operation from 7 am to 7 pm. The applicant is requesting the following changes: City of Meridian I Department Report 11I. Staff Analysis A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The hours of operation for businesses on this site are limited from 5-7 am to 6-7 pm since the site abuts single-family residences. UDC 11-113-313 limits hours of operation in the C-G zoning district from 6 am to 11 pm. As the DA is the governing document for this property,the applicant is requesting that Council approve a modification of the existing agreement to allow the changes request in the hours of operation for the drive-through coffee shop. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Development Agreement Modification: Fifteen(15)days prior to the City Council hearing,the applicant shall provide the revised concept plan for the site and landscaping plan showing the employee parking located on the south side of the lot to align with the parking layout for the adjacent bank to the west or a layout that is amenable to the staff and the applicant. a. The modified DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall, at minimum,incorporate the following provisions: b. Future development of this site shall be generally consistent with the proposed site plan, landscape plans and conceptual building elevations included in Section VII-D and VII-E and the provisions contained herein. c. The site shall not use any form of electronic amplification for communication. d. The applicant shall work with the neighbor to construct a fence that will block the light from the vehicles entering the property. 2. Conditional Use Permit: 2.1 The Applicant shall comply with all specific use standards for the proposed use of Multi-family Residential Development(UDC 11-4-3-27). 2.2 The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development. 2.3 Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3-7 for the C-G zoning district. 2.4 Off-street parking is required to be provided by the standards listed in UDC Table I I- 3C-6 for restaurant. 2.5 The Applicant shall comply with all ACHD conditions of approval. 2.6 Provide a pressurized irrigation system consistent with the standards as outlined in UDC 11-3A-15,UDC 11-313-6, and UDC 9-1-28. 2.7 Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are City of Meridian Department Report IV. City/Agency Comments &Conditions in substantial compliance with the approved landscape plan as outlined in UDC 11- 3B-14. 2.8 This project is subject to all current City of Meridian ordinances and shall comply with the previous conditions of approvals associated with this site (AZ-04-026; CUP- 04-035; DA Inst. #105022224). 2.9 The Applicant shall obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES)approvals before submitting for any building permit within this development. 2.10 Compliance with the standards listed in UDC 11-4-3-I1—Drive-Through Establishment, Vehicle repair,major and minor UDC 11-4-3-37 and standards listed in UDC 11-4-3-49—Restaurant is required. 2.11 The landscape buffer along Fairview Avenue shall be located entirely outside of any existing right-way and any additional right-way required by ACHD with this application. All trees shall be located beyond the required street right-of-way. 2.12 Provide wheel stops for the compact spaces. 2.13 Provide a copy of the recorded easement for the water connection from the adjacent property with the submittal of the CZC and Design Review. 2.14 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 11-513-617. B. Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=367036&dbid=0&redo=MeridianCit X C. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https:llweblink.meridiancity.orglWebLink/Browse.aspx?id=367036&dbid=0&redo=MeridianCit X D. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https:llweblink.meridiancioy.orglWebLink/Browse.aspx?id=367036&dbid=O&repo=MeridianCit X E. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https:llweblink.meridiancity.org WWebLink/Browse.aspx?id=367036&dbid=0&repo=MeridianCit X City of Meridian I Department Report IV. City/Agency Comments &Conditions V. FINDINGS A. Conditional Use(UDC 11-5B-6E) The commission shall base its determination on the conditional use permit request upon the following: l. 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. Stafffinds that the site is large is enough to accommodate the proposed uses as the site is 0.761 acres. The proposed multi-tenant building with the quick-lube oil change facility and coffee shop drive-through restaurant will be approximately 1,843 gross square feet overall and fifty(50)feet in height. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Stafffinds the proposed quick-lube oil change facility and coffee shop drive-through restaurant will be harmonious with the uses allowed in the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IV 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. Stafffinds 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 quick-lube oil change facility and coffee shop drive-through restaurant complies with the purpose statement of the C-G zone which is to provide the largest scale and broadest mix of retail, office, service, and light industrial uses. Other permitted uses within the C-G zone include retail, restaurants,personal and professional services, as well as appropriate public and quasi public uses. 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. Stafffinds 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. Stafffinds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Stafffinds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. City of Meridian I Department Report V. Findings 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. Stafffinds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Approval of the proposed conditional use permit with the conditions in Section IV per the Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 19,2024. At the public heariniz,the Commission moved to recommend approval of the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Ethan Hawkins, applicant b. In opposition:None C. Commenting d. Written testimony: Anna Downing=oppose oil change and fast food use due to proximity to residential neighborhood and many other reasons; Julie Parker—oppose development because it will be too noisy for the neighborhood as it is scheduled to open at 5 am and last into the evening; Sean Thompson—Noisy,hectic operations starting at 5 am and lasting into the evening, auto repair machinery and drive through speakers, air pollution from high traffic and idling vehicles,two businesses with drive through operations can cause potential traffic problems because they gave to share a common parking lot structure and ingress/egress,and the reduction of residential property values, Barry Thompson—In agreement with Sean Thompson; and Sandra G—Oppose the application and would like less going on around where she lives. e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issues)of discussion by Commission: a. Coffee shop opening hours,trash enclosure location,revised site plan 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. Revised site plan City of Meridian I Department Report VI. Action C. City Council: The Meridian City Council heard these items on January 28,2025.At the public hearing.the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Ethan Mansfield representing the property owner b. In opposition: None c. Commenting: None d. Written testimony: Sean Thompson e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Fencing t„ hie adjacent residential property to block headlights from vehicles entering the property. 3. Kev issue(s)of discussion by City Council: a. Amplified speakers. fencing 4. City Council change(s)to Commission recommendation: a. No amplified speakers for the property. b. Work with adjacent residential property owner to install fencing that blocks the vehicle headlights entering the property. City of Meridian I Department Report VI. 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Map Notes Nearby Recent Preliminary Plats within last 5-years) H-2018-0071 H-2019-0121 H-2020-0116 H-2021-0012 H-2022-0008 H-2022-0069 H-2023-0040 H-2023-0058 H-2024-0021 Nearb Recent Conditional Use Permits within last 5-years) H-2018-0107 H-2021-0103 H-2022-0046 B. Subject Site Photos l� City of Meridian Department Report VII. Exhibits I� w 41, AL - =� # 4 - ,,,$S r-G,<" r 3 z '•..-� a a" ��-ice �w f � L� V a 7 - ❑ Ll j r•F. _ 4 �1 City of MeridianDepartment Re 11Exhibits C. Service Accessibility Report PARCEL S1104438700 SERVICE ACCESSIBILITY Overall Score: 29 30th Percentile Description LDcation In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time 5-9 min. YELLM-V Emergency Services PDllce Meets response time goals most Df the time GREEN Pathways Not within 1/4 mile of current or future path .,;s RED Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLO%k plan) > existing (# of lanes) & road �S in 5 yr work plan School Walking Proximity From 1/2 to 1 mile walking YELLOW Either a High School or College within 2 miles OR a School arivability Middle or Elementary School within 1 mile driving GREEN (existing Dr future) Either a Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR a Neighborhood Park GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits D. Revised Site Plan (1/21/2025) I _ Site Plan (date: 10/28/2024) _I T 3' j a �LLVFW I km ® o E%10 City of Meridian Department Report VII. Exhibits E. Landscape Plan (date: 10/29/2024) 0, =Wus ;v =Im 7 Wff V. ........... �j ' fA;.a 4>6�!M�MN E!"N km J, m 2 Rm Few 3 L2.0 City of Meridian Department Report VII. Exhibits F. Building Elevations (date: 6/21/2024) E�IERI'OR�TEI111LL,....v. ■ rove Wnaiem« $ _ _._.__ ........ NIIIIIIIII d w m E7CIERIOR ELEVATION-CAST pE%TERIOR ELEVATION SOUTH IJ r�F 4 ❑ m�ew�..w...r ......... ----- _._ CD w a MEN z s a � ❑ - Tm9 e 3 (Dgj IORELEVATION-WEST (Dgj IOR ELEVATION-NORTH MIM A201 City of Meridian I Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government,and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size,configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law, for 3970 E. Overland Rd. (H-2024-0053) by Dominic Pera, JGT Architecture, located at 3970 E. Overland Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation, by Dominic Pera, JGT Architecture Case No(s). H-2024-0053 For the City Council Hearing Date of: January 14, 2025, (Findings on February 11, 2025) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 14, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 14, 2025, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (3970 E. OVERLAND ROAD AZ H-2024-0049) - 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 14, 2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (3970 E. OVERLAND ROAD AZ H-2024-0049) - 2 - Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 14, 2025 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (3970 E. OVERLAND ROAD AZ H-2024-0049) - 3 - By action of the City Council at its regular meeting held on the 18th 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 2-18-2025 Attest: _______________________________ Chris Johnson 2-18-2025 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. 2-18-2025 By: ___ Dated: City Clerk’s Office FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR (3970 E. OVERLAND ROAD AZ H-2024-0049) -4 - EXHIBIT A C OMMUNITY D EVELOPMENT DEPARTMENT REPORT HEARING 1/14/2025 DATE: Continued to January 28, 2025 TO:Mayor & City Council FROM: Linda Ritter, Associate Planner 208-884-5533 lritter@merifiancity.org APPLICANT: Dominic Pera, JGT Architecture SUBJECT: H-2024-0053 3970 E. Overland Road -AZ LOCATION:3970 E. Overland Road, located in a portion of the SE ¼ of the SW ¼ of Section 16, Township 3N, Range 1E, parcel: S1116347191 PROJECTOVERVIEW A.Summary Annexation and zoning of 1.120-acres of land from the R-1 zone in Ada County to the General Retail and Service Commercial District (C-G) zoning district to constructa 4,800 square foot multi-tenant building with a portionbeing used for a restaurant. B.Issues/Waivers Applicant is requesting a reduction of the 25-foot landscape buffer adjacent to the residential propertiesto the northand east.Property is in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction.The applicant is seeking a Council waiver to reduce therequiredlandscape bufferas allowed under the UDC. C.Recommendation Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. Commission: Approval D.Decision City of Meridian | Department ReportI.Project Overview COMMUNITYMETRICS Table 1: Land Use DescriptionDetailsMap Ref. Existing Land Use(s)Residential- Proposed Land Use(s)Commercial- Existing ZoningR-1 Ada CountyVII.A.2 Proposed ZoningGeneral Retail and Service Commercial District (C-G) Adopted FLUMDesignationMixed-Use Regional (MU-RG)VII.A.3 Proposed FLUM DesignationMixed-Use Regional (MU-RG) Table 2: Process Facts DescriptionDetails Preapplication Meeting date9/24/2024 Neighborhood Meeting7/23/2024 Site posting date11/15/2024 Table 3: Community Metrics Agency / ElementDescription / IssueReference Ada County Highway DistrictIV.F Yes/Staff Report- Comments Received No- Commission Action Required Topaz Avenue via E. Overland Road- Access Overland Road - Traffic Level of Service ITDComments ReceivedYes/ Email stating no comments for this projectIV.G Meridian Public WorksWastewaterIV.B Sewer main is available in Topaz Ave Distance to Mainline See plat conditions Impacts or Concerns Meridian Public WorksWaterIV.B Water available at the site Distance to Mainline Impacts or ConcernsApplicant will be required to extend water main down Topaz Ave.to their North boundary. Engineer to verify if there is a well onsite. If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. Water meter should come offthe line in Topaz Avenue. Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. 3970 E. Overland Rd. H-2024-0053(copy this link into a separate browser). City of Meridian | Department ReportII. Community Metrics Figure1: One-Mile RadiusExisting ConditionMetrics See Additional Notes & Details for Staff Report Maps, Tables, and Charts. City of Meridian | Department ReportII. Community Metrics Figure2: ACHD Summary Metrics Notes: See 0. Figure3: Service Impact Summary Notes: See Additional Notes & Details for Staff Report Maps, Tables, and Charts. City of Meridian | Department ReportII. Community Metrics STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A.General Overview The Future Land Use Map (FLUM) designates the area proposed to be annexedas "Mixed-Use Regional," which is intended to encourage a balanced blend of employment opportunities, retail, residential dwellings, and public uses, particularly in areas near major arterial intersections. This designation supports a diverse and integratedcommunity where residents can live, work, and shop without needing to travel far. The applicant is proposing a4,800 square foot multi-tenant building with a restaurant. This site is part of a larger Mixed-use Regional area, and the developable area is less than an acretherefore, staff has not provided a full analysis on how the project meets the design concepts of the plan. Table 4: Project Overview DescriptionDetails History Located within Ada County and zoned R1 Physical FeaturesWithin the floodplain Acreage1.21 acres B.History Located within Ada County and zoned R1. C.Site Developmentand Use Analysis 1.Existing Structures/Site Improvements (UDC 11-1): The current use of the property is residential with several existing buildings on the property. The property consists of one home and two outbuildings. All structures will be removed, and the existing well and septic system will be abandoned as required. The applicant will need to submit aCertificate of Zoning Compliance (CZC) and Design Review (DES) application for review and approval prior to building submittal. 2.Proposed Use Analysis (UDC 11-2): restaurantprincipally permitted use in the C-G zoning district. 3.Dimensional Standards (UDC 11-2): The proposal will be required to meet the dimensional standards for setbacks, parking requirements, maximum building height,landscape buffersand landscape requirements and for the C-Gzoning district. 4.Specific Use Standards(UDC 11-4-3): The proposal shall meet the requirement of the specific use standards for a restaurantper UDC 11-4-3-49. At a minimum, one (1) parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. D.DesignStandards Analysis 1.Existing structure and Site Design Standards (Comp Plan 3.07.02A, Comp Plan 5.01.02D UDC 11-3A-19): Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. City of Meridian | Department ReportIII. Staff Analysis Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. Buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a minimum of five (5) feet in width from the perimeter sidewalk to the main building entrance(s) for nonresidential uses. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets Per UDC 11-3B-8, the intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the comprehensive plan policies related to promoting attractive street(s) and street beautification. The applicant is proposing water conserving design to reduce the required buffer along Overland Road by fifty (50%) percent as allowed per UDC 11-3B-5O. ii. Parking lot landscaping Per UDC 11-3B-8, the purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort of pedestrians. The applicant needs to add an additional landscape island along the north side of the building as no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two (2) feet to allow for improved vehicular maneuvering. iii. Landscape buffers to adjoining uses Per UDC 11-3B-9, a landscape buffer is required in the C-N, C-C, C-G, L-O, M-E, H-E, and I-L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. The single-family residence to the north and the east will be required to be screened with a twenty-five (25) foot landscape buffer and a six (6) foot privacy fence. The applicant is requesting a reduction of the 25-foot landscape buffer adjacent to the residential properties to the north and east. The property is currently in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction. The applicant has the option of requesting permission from the probate court or requesting a waiver to reduce their landscape buffers. The applicant is requesting a Council waiver to reduce the landscape buffer to the residential use down to fifteen (15) feet. iv. Tree preservation The applicant will be required to submit tree protection and mitigation plans to City Arborist. Per UDC 11-3B-10, the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. v. Storm integration An adequate storm drainage system is required in all developments in accord with the follow best management practice as adopted by the City as set forth in UDC 11-3A-18. City of Meridian | Department Report III. Staff Analysis 3. Parking (UDC 11-3C): i. Nonresidential parking analysis Per UDC 11-3C commercial buildings require one (1) parking space for every two hundred (250) square feet of gross floor area for restaurants. The total number of parking spaces required is nineteen (19). The applicant is proposing thirty-seven (37) parking spaces which exceeds the required number parking spaces for this proposal. NOTE: The parking for the site will be reduced by one stall due to the requirement for the applicant to provide another planter island along the north side of the building as mentioned above. ii. Bicycle parking analysis Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty- five (25) proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Based on the thirty-seven (37) parking spaces provided, a total of two (2) bicycle parking spaces is required. 4. Building Elevations (Comp Plan 5.01.02D, Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.F. Building materials consist of stucco, stone, wood and metal accent. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. 5. Fencing (UDC 11-3A-6, 11-3A-7): The applicant is proposing to install a six (6) foot high vinyl fence along the northern property line. The applicant will need to provide fencing on the residential portion on the east side of the property. Fencing shall comply with the requirements outlined in UDC 11- 3A-7. E. Transportation Analysis 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): Access to the property is from S. Topez Avenue via E. Overland Road in accord with UDC 11-3A-3. The applicant shall be required to grant cross-access/ingress-egress to adjoining properties by a recorded easement per UDC 11-3A-3A.2. NOTE: The property to the east was only required to provide cross access if the existing storage yard is ever converted to parking in the future. 2. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. The applicant is proposing sidewalks along the west side of the property along S. Topez Avenue. F. Services Analysis 1. Pressurized Irrigation (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided with this development as set forth in UDC 11-3A-15. City of Meridian | Department Report III. Staff Analysis 2.Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the shall follow best management practice as adopted by the City as set forth in UDC 11- 3A-18. 3.Utilities (CompPlan3.03.03A,UDC 11-3A-21): Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main, fire hydrant and water service require a twenty-foot (20) wide easement that extends ten (10) feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. 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. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a.Future development of this site shall be generally consistent with the concept planand conceptual building elevations included in Section IV and the provisions contained herein. b.Direct access to E. Overland Road is prohibited. c.Provide a 1525-foot landscape buffer to the north and east along the north side of the property along with a six (6) foot privacy fence to block headlines from the residential propertyunless waived by Council. d.The applicant shall be required to grant cross-access/ingress-egress to adjoining property to the east by a recorded easement.A copy of the easement shall be submitted with the certificate of zoning compliance application. e.A Certificate of Zoning Compliance (CZC) and Design Review application shall be submitted and approved for the proposed commercial building prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-49; the design standards listed in the Architectural Standards Manual. f.Future development of the site shall comply with the ordinances in effect at the time of development. g.Development of the subject property shall comply with the C -G standards listed in UDC 11-2B-3. The only uses allowed on the subject property are as follows: City of Meridian | Department ReportIV. City/Agency Comments & Conditions Restaurant -excluding drive-through Flex Space; Retail Sales; Professional and personal service; and Office. h.Business hours of operation within the C-G Districtshall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. B.Meridian Public Works See public record (copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit y C. 1.Submit tree protection and mitigation plans to City Arborist. D.Idaho Department of Environmental Quality (DEQ) See public record (copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit y E.Ada County Development See public record (copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit y F.Ada County Highway District (ACHD) See public record (copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit y G.Idaho Transportation Department (ITD) See public record (copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit y FINDINGS A.Annexation and/or Rezone (UDC 11-5B-3E) Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1.The map amendment complies with the applicable provisions of the comprehensive plan; Commissionfinds annexation of the subject site with C-G zoning designation is consistent with the Comprehensive Plan Mixed-Used Regional FLUM designation for this property, if the Applicant complies with the provisions in Section IV. City of Meridian | Department ReportV. Findings 2.The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commissionfinds the layout proposed will be consistent with the purpose statement of the commercial district in that business opportunities provided consistent with the Comprehensive Plan. 3.The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commissionfinds that the map amendment will not be detrimental to the public health, safety and welfare. 4.The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Commissionfinds that the map amendment will not result in an adverse impact upon the delivery of services. 5.The annexation (as applicable) is in the best interest of city. Commissionfinds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IV. ACTION A.Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. B.Commission: The Meridian Planning & Zoning Commission heard these items on December 5, 2024. At the public hearing, the Commission moved to recommend approval of the subject annexation and zoning requests. 1.Summary of Commission public hearing: a.In favor: Jerrod Wallgren representing the owner b.In opposition: None c.Commenting: Lynette Adsitt, Carl Babbitt d.Written testimony: None e.Staff presenting application: Linda Ritter f.Other Staff commenting on application: None 2.Key issue(s) of public testimony: a.Whether or not Topaz Avenue would extend all the way to Top Golf, will Overland Road be widenedto seven (7) lanesand getting onto Overland Road from Topaz Avenue 3.Key issue(s) of discussion by Commission: a.Additional traffic on Topaz Avenue and reduction of the landscape buffer along the residential properties. 4.Commission change(s) to Staff recommendation: a.None 5.Outstanding issue(s) for City Council: a.None City of Meridian | Department ReportVI. Action C. City Council: The Meridian City Council heard these items on January 28, 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: Jerrod Wallgren representing the applicant b. In opposition: None c. Commenting: Lynette Adsitt, Mike Blowers, Anita Gallagher d. Written testimony: None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. Getting onto Overland Road from Topaz Avenue, merging conflicts and traffic issues in the area, 3. Key issue(s) of discussion by City Council: a. How the area would develop in the future, cross access and potential roadways in the area with redevelopment. 4. City Council change(s) to Commission recommendation: a. Added cross access to the north of the property City of Meridian | Department Report VI. Action EXHIBITS A.Project Area Maps (link to ProjectOverview) 1.Aerial 2.Zoning Map City of Meridian | Department ReportVII. Exhibits 3. Future Land Use 4. Planned Development Map City of Meridian | Department Report VII. Exhibits 5. Map Notes bĻğƩĬǤ wĻĭĻƓƷ tƩĻƌźƒźƓğƩǤ tƌğƷƭ ΛЋЉЊБњΜ IΏЋЉЊЏΏЉЊЊЋ IΏЋЉЊАΏЉЊЉЍ bĻğƩĬǤ wĻĭĻƓƷ /ƚƓķźƷźƚƓğƌ ƭĻ tĻƩƒźƷƭ ΛЋЉЊБњΜ IΏЋЉЋЉΏЉЊЋЌ City of Meridian | Department Report VII. Exhibits B. Subject Site Photos City of Meridian | Department Report VII. Exhibits C. Service Accessibility Report City of Meridian | Department Report VII. Exhibits D. Site Plan (date: 9/30/2024) City of Meridian | Department Report VII. Exhibits E. Building Elevations (date: 9/30/2024) City of Meridian | Department Report VII. Exhibits F. Annexation Legal Description & Exhibit Map City of Meridian | Department Report VII. Exhibits City of Meridian | Department Report VII. Exhibits City of Meridian | Department Report VII. Exhibits ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS, TABLES, AND CHARTS (link to CommunityMetrics) A.One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days. Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based dataexcludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0 (i.e. excludes most HOA area, transitional development, government, and quasi government facilities). The following values also constrain included property acreageto reduce outliers and non-conforming instances from distorting averages: R-2 < 5.0; R-4 < 2.0; R-8 < 1.0; R-15 < 0.5; R-40 < 0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones, may be constructed. Decennial populationcountsandhousehold countsare based on the most recent Decennial Census. Current population and current household values are COMPASS estimates, usually for B.Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g. pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designationboundarydue parcel size, configuration, right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C.Service AssessmentNotes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times, police crime reporting, pathway information, existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review, using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria (not a rankedorder), and the percentile score compares the parcel to others in the city (higher is better). This tool was developed as a City Council priorityand outcome ofthe 2019 Comprehensive Plan. Scores, whether high or low, are just one data point and should not be the sole basis for decisions. D.ACHD Roadway Infographic Notes The Ada County Highway District utilizesa number of planning and analysis tools to understand existing and future roadway conditions. Existing Level of service (LOS). LOSindicatoris a common metric to consider a conditions, and on the other end Level F represents forced flow with stop and go City of Meridian | Department ReportVIII. Additional Notes & Details for Staff Report Maps, Tables, and Charts conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow, to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. Integrated Five Year Work Plan (IFYWP). The IFYWP marker (yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. Capital Improvement Plan (CIP). The CIP marker (yes/no) indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian | Department Report VIII. Additional Notes & Details for Staff Report Maps, Tables, and Charts E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Werre (SHP-2024-0004) by Benjamin Semple, Rodney Evans and Partners, LLC., located at 2945 W. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN�- AND DECISION& ORDER In the Matter of the Request for Short Plat, by Benjamin Semple,Rodney Evans and Partners, LLC Case No(s). SHP-2024-0004 For the City Council Hearing Date of: January 28,2025 (Findings on February 11, 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 28, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 28,2025, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 28, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 28, 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 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 28,2025, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WERRE SHORT PLAT-SHP-2024-0004) - 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 28,2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WERRE SHORT PLAT-SHP-2024-0004) -2- Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 28, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WERRE SHORT PLAT-SHP-2024-0004) -3- By action of the City Council at its regular meeting held on the 18th 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 2-18-2025 Attest: Chris Johnson 2-18-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-18-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WERRE SHORT PLAT-SHP-2024-0004) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 1/28/2025 Legend DATE: project Location s TO: Mayor& City Council ::.Area of impact = City Limits FROM: Linda Ritter,Associate Planner O Analysis 208-884-5533 fritter@meridiancity.org APPLICANT: Benjamin Semple,Rodney Evans and — _ Partners,LLC 7-77 SUBJECT: SHP-2024-0004 Were Short Plat LOCATION: 2945 W.Ustick Road, Located in Section 2 Township 3N,Range 1 W,parcel: S1202223011 I. PROJECT OVERVIEW A. Summary Short Plat to subdivide an existing parcel consisting of 3.123 acres of land, into two(2)building lots in the R-4 zoning district. B. Issues/Waivers None C. Recommendation Staff recommends approval with the conditions outlined in Section IV. D. Decision City of Meridian I Department Report 1. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Residential - Existing/Proposed Zoning R-4/R-4 VII.A.2 Future Land Use Designation Medium Density Residential(MDR) VII.A.2 Table 2: Process Facts Description Details Preapplication Meeting date 7/30/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.E • Comments Received Letter - • Commission Action Required No - • Access Access from N.Morello Avenue,a local road - • Traffic Level of Service N/A - ITD Comments Received No Comment IVY Meridian Public Works Wastewater IV.B • Distance to Mainline Available at the site • Impacts or Concerns No Meridian Public Works Water • Distance to Mainline Available at the site • Impacts or Concerns No Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Werre Short Plat SHP-2024-0004(copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1202223011 Date Retrieved:2024/12/6 Parcel Count Parcel Acreage Infill Indicator: 508 Surrounding Area Alff"�, 278 1 4% Not city ® City Limits 4,694 1,744. ■ Not City 8 Household Household& Population Growth Households 02020 Population Change:5.4°I° Population ■Growth (Household and Population Change since 2010 Decennial) 10,000 20,000 30,000 Use Types Residential Addresses All Addresses ■ Single-family Multi-family is 0% is 3% ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed I I I Proposed Pending Pending Approved Approved 0 500 1000 0 100 200 Z51 ■ Single-family ❑ Multi-family City of Meridian I Department Report II. Community Metrics 2.00 4,500 Single-family y 4,000 T 1.50 3,500 V 0 Residential 3,00 Parcel Diversity 2,500 y 1.00 2,000 U 1500 Parcel Count 0.50 0.40 1,000 L Average Acres 0.00 0.16 CO=0.09 0000 a R-2 R-8 R-15 Average Single-family Density by Zoning Average 15.00 d Residential - Density 10.00 10.65 a 5.00 04.31 �6.08 4■59 2.53 0.00 Dwelling Units I Acre R-2 R-4 R-8 R-15 Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. Figure 3: Service Impact Summary ImpactService . . Ready Marginal Caution - i�4e �NN- 011 op�d Q- Notes: See VIII.Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview Medium Density Residential designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed short plat aims to subdivide a 3.123-acre property located in the R-4 zoning district into two(2)building lots. The applicant intends to retain the existing single-family detached home on one lot and construct an additional single-family detached home on the newly created lot. Each lot will measure approximately 1.5 acres,resulting in a project density of 1.56 units per acre. While this density is significantly below the maximum permitted in the R-4 zoning district, staff believes the proposed subdivision represents a thoughtful approach to infill redevelopment. The project aligns with the city's goals of enhancing and optimizing underutilized areas, contributing positively to the surrounding neighborhood's character and functionality. Table 4:Proiect Overview Description Details History Ordinance 577 Annexation Residential Units 2 Single Family Detached Homes Acreage 3.123 acres Lots 2 Density 1.56 du/ac B. History The property was annexed in 1992 as part of the Candlelight Subdivision development. The property was not part of the plat it was only annexed and received R-4 zoning. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing single-family home that will remain on Lot 1 and will be accessed via a shared driveway off .N. Morello Avenue. The proposed driveway to the existing home shall be paved with the capability of supporting fire vehicles and equipment. 2. Proposed Use Analysis (UDC 11-2): The use of the property will remain as single-family residential. 3. Dimensional Standards (UDC 11-2): Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-4 zoning district. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 25 foot-wide street buffer is required adjacent to Ustick Road, an arterial street. This buffer should be landscaped per the standards listed in UDC 11-3B-7. All street buffers with detached sidewalks or multiuse pathways shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks and multiuse pathways shall have an average minimum separation of greater than four City of Meridian I Department Report III. Staff Analysis (4)feet to back of curb.As there are overhead power lines along Ustick Road, ensure the proposed trees are applicable for the area.All street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement, maintained by the property owner, homeowner's association or business owners'association. Per UDC 11-3B-7-3b, the minimum density of one(1) tree per thirty-five (35) linear feet is required. At least thirty-five(35)percent of qualifying trees must provide urban canopy at maturity, and at least twenty-five(25)percent of qualifying trees must be Class 2 selections, unless it can be shown that utility conflicts prohibit installation of Class 2 trees. ii. Tree preservation A Tree Mitigation Plan should be submitted with the final plat signature application detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-10C.5. 2. Parking (UDC 11-3C): i. Residential parking analysis Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. The applicant is proposing a new garage for the existing residence to meet this standard. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. 3. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The applicant is not proposing any new fencing as there is fencing along the perimeter of the property. The applicant will enclose the open portion of the fence along Ustick Road where the current driveway is located upon approval. The applicant will also be removing the portion of the fence that is currently blocking the access from Morello Avenue. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access to this property is provided via a shared driveway off ... Morello Avenue. See common drive exhibit in Section VII.F. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 2. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. 3. Utilities (Comp Plan 3.03.3G, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F. Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. City of Meridian I Department Report III. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with this development: Ordinance 577 Annexation, as applicable. 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Modify the plat to graphically depict the 25-foot landscape buffer along Ustick Road. Add a note to the plat stating the landscaping within the easement will be maintained by the property owners of Lot 1 and 2. 4. Future development shall comply with the dimensional standards listed in UDC Table I1-2A-5 for the R-4 zoning district and the shared driveway exhibit in Section VII.D. 5. The driveway to the existing residence shall be paved with a surface with the capability of supporting fire vehicles and equipment per UDC 11-6C-3D. 6. Submit a Tree Mitigation Plan as part of your Landscape Plan with the final plat signature application detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-313-10C.5. 7. Revise the landscape plan to show the existing trees on Lot 2. 8. If the landscape buffer has not been installed prior to ACHD widening of Ustick Road and installation of the multiuse pathway, the applicant shall submit a surety for the landscape buffer prior to City Engineer signature. 9. Revise the landscape plan to show that at least twenty-five(25)percent of qualifying trees are Class 2 selections, unless it can be shown that utility conflicts prohibit installation of Class 2 trees per UDC 11-313-7-3b. 10. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Meridian Public Works SITE SPECIFIC CONDITIONS: I. Request for a new Water Service connection and/or any changes to the existing services will need to be submitted for review and approval by Land Development. 2. Each Home will have to have its own water meter and tie into the 8"main. 3. The water service for the property on the West must be fully located in the shared driveway access easement and no portion should be located on the Eastern property that is not covered by the shared driveway easement. GENERAL CONDITIONS: I. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. Water service to this site is available via extension of existing mains adjacent to the development. 2. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 3. Upon installation of the landscaping and prior to inspection by Planning Department staff, the City of Meridian I Department Report IV. City/Agency Comments &Conditions applicant shall provide a written certificate of completion asset forth in UDC 11-3B-14A. 4. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 5. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website.Please contact Land Development Service for more information at 887-2211. 6. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 8. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. 11. All grading of the site shall be performed in conformance with MCC 11-1-4B. 12. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 14. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 15. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 16. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a City of Meridian I Department Report IV. City/Agency Comments &Conditions single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6.). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 19. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. Meridian Fire Department See public record(copy the link into a separate browser) https:llweblink.meridiancioy.org/WebLink/Browse.aspx?id=378997&dbid=0&redo=MeridianCit X D. Irrigation Districts 1. Settler's Irrigation District See public record(copy the link into a separate browser) https:llweblink.meridiancioy.orglWebLink/Browse.aspx?id=378997&dbid=0&repo=MeridianCit X E. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=378997&dbid=0&repo=MeridianCit X F. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https:llweblink.meridiancioy.orglWebLink/Browse.aspx?id=378997&dbid=0&repo=MeridianCit X V. FINDINGS A. Short Plat(UDC-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: City of Meridian I Department Report V. Findings 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential(MDR), the current zoning district of the site is R-4. Stafffinds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. Future development should comply with the dimensional standards for the R-4 zoning district listed in UDC Table 11-2A-7. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Stafffinds that public services will be provided and are adequate to serve the proposed lots. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Stafffinds all required utilities will be provided with lot development at the developer's expense. 4. There is public financial capability of supporting services for the proposed development; Stafffinds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. 5. The development will not be detrimental to the public health, safety or general welfare; and Stafffinds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. VI. ACTION A. Staff: Staff recommends approval with the conditions outlined in Section IV. B. City Council: The Meridian City Council heard these items on January 28,2025.At the public hearing the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Ben Semple representing the property owner b. In opposition:None c. Commenting: Jeff Brown,Connie Springer,Devon Fletcher d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Existing fence along Ustick Road.Number of potential lots that could be developed on the property, extending Morello Avenue and adding a sidewalk to enhance the look of the neighborhood 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None City of Meridian I Department Report VI. 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Exhibits +tip t. SITE-LOO KING SW 1 SITE LOOKING SOUTH City of Meridian Department Report VII. Exhibits ,Y ti slop Ampp- SITE- as DepartmentCity of Meridian po i M s- F r r _ y A City of Meridian Department Report VII. Exhibits C. Service Accessibility Report Overall Score: 35 �62nd Percentile Description Location In City Limits Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLMN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Community ParkWalkability Parkwithin 1/2 mile OR a Neighborhood Park within OGREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits D. Short Plat(date: 12/13/2024) PLAT SHOWING BOOK PAGE-_ RASIS°FREAKING WERRE SUBDIVISION °mµM°�O Wia.om Einssae irn�E 5�1 LaATEU WITHIN TXE GOVIERNMENE LOT40F om°z TowNswc3NomX, WESE, MExuowN, w.RTER [ITYQF MERIOIAN;,xD0.kCOU COUNEY,IMHONO - _PA �� _aL LEGEND +,I II p I NOTES C I I I I "'"'aClalo``wuusauwRmulu�:luos"owwa�wlmme .--^ • • x. � wxm[o,gl equndar +\ nio°x nS sxTM[cinuuv�leen�ov[o�lrv°hlaui a�vleolnFl I p "'".�s�.°rvl�lwolmiss=vrsaru�wE:vn�n.ne — — —sxnlola�TssExrxoxxmxv Ile .r, '. H°:o�.°ru"r`M"-!."vm�w" ii°;"0.;w°o`s�aai'i,,�.a50°aoK o xo�a°xN��x°,Ex „W L. aE�` R���l°na�ZT s xx m, I t NM1BPISS U.P 11 9' �=p°irsIN1L11...°.I[iMv�Noe'O koxxNcmw oav igwiu al xsaNN[[ • ,RM xFl,xxwllxP�n«>, I ,—,.m �,�� / VElwn°M�xNL.°�Mf�IJrtawrrv°°.x O ITgN pM1Y xa R I I I I �®t~ a Ixn�IG5r�0lquwngx oxmin xcomvun�x[wFmx o,Nxxo o �rx°mx°x � I I I _� �ewR,bFwn�wM1nlxmisR0.ueen wLL[owk�°,a°` — $ m -- — a NnFRaNvlmm.mm[vxc[�sRu[xw ABBREVIATIONS L —J—,--J L"x°l,E�°xlx,ww�°xnxE�,�°mlxmo~m e°vx ueeR.oamuxry acegays rr�xyr uxar xcNegN as wmnoa[[clrvn�IrvN / nwlrxa Nxow cw rwurrx, ! aas aE umxlN � I I REFERENCES � ° 1 a =tl NI AGENCY REVIEW 12-13-2024 Sl1RVEY00.NARRATIVE °+gxx'p pass -ElRwASUM�P.DZE�A wE�4$ H� �EEEEn=a;TME� xa LR Geo xFrF �Rl�wgJFMz°oM1JmM°�F �F�,xl=w�� x�srn° � . - u.smss mN.sry sxw lEwv..vEee10u.oµin.rvN -1I� �r, - - - - - - - City of Meridian I Department Report VII. Exhibits E. Landscape Plan(date: 1/17/2025) —_) I o 'TI I - u?�. I i �S1 A. 1�592 A 1 I - I � uuwrwhsrC] I h � I I BgLCCK 1 l i _e _ N No,3 '. � I' r�ruiminv�iunaa-ma auHrscxEQu�E __ _______ atwf. _ _ __I' 3° I p_-- 1 6i� r =nr7 1 -�43k, lYm•YEpIY ¢g PRELIMINARY LANDSCAPE PLAN E City of Meridian Department Report VII. Exhibits F. Common Drive Exhibit(date: 1/17/2025) -------------------------- - W. ATICK 1.531 Ac. 1.592 Ac II ----- -----1-7 City of Meridian Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government, and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size,configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Second Modified Development Agreement (L& G Murgoitio LLC/Timber Creek) Between City of Meridian and L & G Murgoitio LLC for Property Located at the Northwest Corner of S. Locust Grove Rd. and E. Columbia Rd. ADA COUNTY RECORDER Trent Tripple 2025-010347 BOISEIDAHO Pgs=55 VICTORIA BAILEY 02/19/2025 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE SECOND MODIFIED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. L&G Murgoitio, LLC THIS SECOND MODIFIED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 119th day of--Eebruary 2025 by and between the City of Meridian, a municipal corporation of the State of Idaho, hereafter called "City", and L & G Murgoitio, LLC, an Idaho limited liability company, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642 hereinafter called"Owner/Developer." 1. RECITALS: 1.1 WHEREAS, the Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the"Property"; and 1.2 WHEREAS, Timber Creek Recycling, LLC ("Timber Creek") has op crated, does operate, and will operate a processing facility on the Property; and 1.3 WHEREAS, Idaho Code § 67-651 1A provides that cities may, by ordinance, require or permit as a condition of re-zoning that an owner or developer make a written commitment concerning the use or development of the subject property; and 1.4 WHEREAS, Idaho Code § 67-6511A and Meridian City Code §11-5A- 2(E) provides that said written commitments may be modified with the permission of the governing board; and 1.5 WHEREAS, the City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.6 WHEREAS, the City and the Owner/Developer negotiated terms and conditions into that certain Development Agreement, dated January 26, 2016, recorded as Instrument No. 2016-007075 Records of Ada County, Idaho("Original Agreement"); and 1.7 WHEREAS, the City and the Owner/Developer entered into that certain Modified Development Agreement, dated June 11, 2019, recorded as SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 1 55663.002737778634.5 Instrument No . 2019 -053058 , Records of Ada County, Idaho ("Modified Agreement ') , to amend and replace the Original Agreement; and 1 . 8 WHEREAS , the City, Owner/Developer, and Timber Creek agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time this Agreement was approved and executed that are necessary for the continued and future use of the Property ; and 1 .9 WHEREAS , the City and the Owner/Developer agree to negotiate in good faith and seek resolution to any conditions or circumstances that existed at the time the Original Agreement and this Modified Agreement were approved and executed that are necessary for the continued and future use of the Property; and L10 WHEREAS , the Owner/Developer, the City, Timber Creek, and others made representations at the public hearings before the Meridian City Council , as to the current and proposed uses of the Property and how the Property may be developed , if any, at this time or in the future ; and 1 . 11 WHEREAS , the Meridian City Council , on the day of , 2024, approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings") , which have been incorporated into this Agreement and attached as Exhibit `B " and have been accepted by Owner/Developer and Timber Creek; and 1 . 12 WHEREAS , the Findings require the Owner/Developer to enter into this Agreement as a replacement to the Modified Agreement; and 1 . 13 WHEREAS , the Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily ; and 1 . 14 WHEREAS , the City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City and from affected property owners . NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows : 2 . INCORPORATION OF RECITALS : That the above recitals are contractual and binding and are incorporated herein as if set forth in full . SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024 -5533 - Page 2 55663 .0027. 17778634.5 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to L & G Murgoitio, LLC, whose address is 6575 S. Locust Grove Road, Meridian, Idaho 83642, the party that owns the Property and shall include any subsequent owner/developer(s) of the Property. 3.3 SITE/PROPERTY: means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit "A" attached hereto and by this reference incorporated herein as if set forth at length. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 3.4 DEVELOPMENT/REDEVELOPMENT: means any construction or installation of a structure, or any change in use of an existing structure, or any subdivision of the Property, or any change in the use of the Property that creates additional or different demand and/or need for public facilities or services, except as otherwise permitted herein. Notwithstanding the foregoing, the construction of structures necessary for Timber Creek to continue its operation on the Property, now or in the future, shall not constitute development or redevelopment of the Property. The terms, in any form, may be used throughout this document and are meant to be interchangeable in meaning unless specifically defined. 4. USES PERMITTED BY THIS AGREEMENT: The right to use and develop the Property shall be in accordance with the terms and conditions of this Agreement. The following uses on the Property are specifically allowed: 4.1 All uses allowed or will be allowed in the future under the City's Zoning Ordinance codified in the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 3 55663.0027.17778634.5 4 . 3 Any existing and future written agreements for the collection, disposal , processing or maintaining of solid waste in pursuance of an agreement with the City ' s solid waste franchisee may remain until such time that the Property is developed in the future . 4A Any currently allowed use in Ada County regarding the raising or maintaining of livestock shall remain on the Property until such time that the Property is developed in the future . The Property maintains a livestock business and operation . All existing uses and operation on the Property relating to the livestock business and operation at the time of annexation may remain until the Property is developed in the future . 4 . 5 The Property will have an exemption to Meridian City Code 6 - 3 - 10 , Firearms ; Dischargeable Instruments , until such time that the Property is developed in the future . 4 . 6 Any use constituting an "agricultural operation", as defined in Idaho Code § 224502 until such time the Property is developed in the future . 4 . 7 Currently stored or maintained on the Property : farm equipment, vehicles (registered and unregistered) , and excess organic and/or inorganic material necessary for the agricultural operation of the Property . Such items may include but not be limited to weed spray, gasoline, diesel , wood, compost, fertilizers and the like in quantities not usually found in urban residential properties . Such storage may remain in the current condition at the time of the adoption of this Agreement until such time that the Property develops in the future . 4 . 8 Allow Timber Creek Recycling, LLC ("Timber Creek") to operate on the portion of .the Property ("Recycling Property") outlined on the site plan ("Site Plan ") attached hereto as Exhibit "C" and incorporated herein , as Timber Creek is currently operating or may operate in the future, whether under the name of Timber Creek Recycling or another name or entity, subject to the provisions of Section 5 and Section 6 of this Agreement. 5 . OPERATION OF TIMBER CREEK RECYCLING . As set forth in Section 4 . 8 of this Agreement, but as limited by Section 6 . 14 of this Agreement, Timber Creek is specifically permitted to continue operations on the Recycling Property . The following outlines the primary activities , but not all activities , related to Timber Creek ' s operation or proposed operation on the Recycling Property . 5 . 1 Delivery of Recycled Materials . Timber Creek receives the materials identified in Exhibit "F " , attached hereto and incorporated herein ( collectively "Recycling Materials ") at the Recycling Property for Recycling Activities (defined below) . Timber Creek SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — 11-2024-5533 - Page 4 55663 .0027 . 17778634.5 shall not accept any other materials or products at the Recycling Property for Recycling Activities. 5.2 Recycling Activities. Timber Creek is entitled to accept, process, utilize and sell the Recycling Materials on the Recycling Property ("Recycling Activities"). For purposes of clarity, but not limitation, the following are examples of the Recycling Activities which are permitted on the Recycling Property: 5.2.1 Grinding. The Recycling Materials may be ground and transported from the Recycling Property for animal bedding, soil amendment, other agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. In the grinding process, Timber Creek may use loaders and excavators and other necessary equipment to perform such grinding. 5.2.2 Screening. The Recycling Materials, before and after processing, may be screened. Screening of any Recycling Materials may include the use of conveyors, trommels, hopper boxes, air systems, loaders and other equipment necessary to screen the Recycling Materials. 5.2.3 Feed. The Recycling Materials may be processed and transported from the Recycling Property for feed for livestock or other agricultural uses, and may be sold on the Recycling Property or to third parties. 5.2.4 Composting. The Recycling Materials may be composted on the Recycling Property and transported from the Recycling Property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 5.2.5 Storing of Recycling Materials. The Recycling Materials, both before and after processing, shall be stored on the Recycling Property and after processing may be used on the balance of the Property. 5.2.6 Miscellaneous Recycling Activities. Timber Creek may engage in any of the following as part of the Recycling Activities: loading and unloading of trucks; use of watering trucks on the Recycling Property and as part of the Recycling Activities; use of loaders, graders, tractors (with implements), forklifts, and other heavy equipment, preparation and maintenance of the Recycling Property for the Recycling Activities; erection and use of a weather station; modification of the Recycling Property for the Recycling Activities, including SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 5 55663.0027.17778634.5 leaching ponds and berms ; use of air compressors , generators , tarps for covering of Recycling Materials , and bagging systems . 5 .2 .7 Other Activities . Timber Creek may engage in other activities relating to the operation of Timber Creek and utilize any or all of the Recycling Materials as deemed appropriate by Timber Creek, provided, however, that any such use shall be in accordance with applicable laws and regulations governing such activities . 5. 3 Related Activities . In addition to the Recycling Activities , Timber Creek may engage in uses on the Recycling Property that are related to , support, or are in furtherance of the Recycling Activities ("Related Activities ") . For purposes of clarity , but not limitation , the following are examples of the Related Activities : 5 . 3 . 1 Truck Parking . Timber Creek may park trucks used for delivery, removal and/or processing of Recycling Materials on the Recycling Property . 5 .3 .2 Equipment . Timber Creek may place , operate , maintain, repair, relocate and remove any equipment, fixtures and personal property onto and from the Recycling Property in order to engage in the Recycling Activities . 5 .3 .3 Marketing and Sale of Processed Recycling Materials . Timber Creek may market and sale processed Recycling Materials . Processed Recycling Materials include , but are not limited to , mulch , compost, bark, playground chips , sand, stone, etc . 5 . 4 Retail Sales . Within the area on the Site Plan marked "Retail Sale" ("Retail Area") , Timber Creek may sell processed Recycling Materials to the public . Timber Creek shall take reasonable steps to keep the public purchasing Recycling Materials from the portion of the Recycling Property where active Recycling Activities occur . Retail sales in the Retail Area are restricted as follows . 5 .4 . 1 Hours of Operation . The Retail Area will not be open to the public for the purchase of Recycling Materials outside of the following hours : (a) April — October : a . Monday — Saturday : 8 : 00 a. m . to 6 : 00 p . m. b . Sundays : Closed (b) November — March : a. Monday — Saturday : 9 : 00 a. m . to 4 : 00 p . m. b . Sundays : Closed SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — 1-1-2024-5533 - Page 6 55663 .0027. 17778634. 5 5.4.2 Vehicle Limitation. The following vehicles will be prohibited from accessing the Retail Property for the purchase of processed Recycling Materials: (a) Commercial vehicles, as defined in Idaho Code §49-123(d). (b) Vehicles with more than two (2) axels; provided, however, that a trailer pulled by a two (2) axel vehicle does not count towards the axel count. 5.4.3 Limitation on Sales. Timber Creek may only sell the following in the Retail Area: a) processed Recycling Materials; b) landscaping materials, including but not limited to, mulch, compost, bark, playground chips, and other products typically sold at a nursery, excepting trees and shrubs; and c) products and materials to permit Timber Creek to provide engineered soil to customers, including but not limited to gypsum, sulfur and nitrogen. 5.5 Recycling Activities Structures. Timber Creek may construct, relocate or install the following: a) a scale house with approximate dimensions of forty five feet by fifteen feet (45'x15'); b) a restroom with approximate dimensions of twenty feet by eight feet (20'x8') with a septic system until sewer is available at the Recycling Property at which time the restroom will connect to the sewer line; c) a storage shed with approximate dimension of forty feet by eight feet (40'x8'); and d) a barbwire fence on the south east corner of the Property to connect the existing fencing. The construction, relocation or installation of the above identified structures shall not constitute "development"as defined in Section 3.4. 6. CONDITIONS AND LIMITATIONS TO OPERATION OF TIMBER CREEK RECYCLING. To mitigate or ameliorate any adverse effects from Timber Creek's operation on the Property, Timber Creek shall comply with the following conditions on its operation: 6.1 Extent of Operations on Property. Timber Creek's Recycling Activities shall be limited to the Recycling Property; provided, however, that Timber Creek may use processed Recycling Materials on the balance of the Property. 6.2 Compliance. Timber Creek shall comply with all federal, state and local entities with jurisdiction, including, but not limited to the Idaho Department of Environmental Quality ("IDEQ"), the Central District Health Department ("CDHD"), Department of Agriculture, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources. The City may consider a conviction or final order by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement. Timber Creek shall take any action to: 6.2.1 Comply with conditions imposed on it by any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 7 55663.0027.17778634.5 I 6.2.2 Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by any and all of aforementioned entities with jurisdiction; and 6.2.3 Cure or correct deficiencies or issues identified by any and all of aforementioned entities with jurisdiction. 6.3 Composting. Composting on the Recycling Property shall be conducted in accordance with applicable law, rules and regulations. Timber Creek has obtained the necessary approvals to operate a Tier 2 composting facility and is currently operating a Tier 2 composting facility on the Recycling Property. In the event of any change in Timber Creek's approvals for the Tier 2 composting operation on the Recycling Property, Timber Creek shall provide notice of such changes to the City. In connection with operating a Tier 2 facility on the Recycling Property, Timber Creek shall: 6.3.1 Odor Management. Continue to operate under the odor management plan which has been approved by IDEQ. In the event of a change to the odor management plan, Timber Creek will provide a copy of the revised odor management plan approved by IDEQ to the City. 6.3.2 Compliance with IDEQ and Central District Health. Comply with all requirements of IDEQ and CDHD as part of the Tier 2 approval process. Timber Creek shall cooperate with IDEQ and CDHD and permit monitoring of the composting operation and to resolve any compliance issues. 6.4 Noise Mitigation. Timber Creek shall do or adopt the following to mitigate the noise generated from Timber Creek's Recycling Activities: 6.4.1 Mufflers. Timber Creek will maintain a Harco 2286RSL 10 SI SO SP HARCO MFG, or a muffler of equivalent quality and characteristics, on the horizontal grinder and a muffler of similar quality and characteristics on the tub grinder. 6.4.2 Landscaping. Timber Creek will maintain the trees and other landscaping features on the Recycling Property, which were installed in accordance with MCC 11-31-1-41), to mitigate the sound generated on the Recycling Property by the Recycling Activities. 6.5 Hours of Operation. Recycling Activities on the Property will be limited to the following: 6.5.1 Monday—Friday: 7:00 a.m. to 6:00 p.m. 6.5.2 Saturday: 8:00 a.m, to 6:00 p.m. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 8 55663.0027.17778634.5 6. 6 Visual Impact . To minimize any visual impact caused by the Recycling Materials or the Recycling Activities , Timber Creek will keep the height of piles of Recycling Materials at the greater of: (a) twenty-five (25 ) feet, and (b) the height permitted by the Meridian Fire Department under applicable code, regulations and rules . �I 6 . 7 Dust Abatement . 6. 7. 1 Water Tank . Maintain a 4 , 000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property . 6 .7.2 Sprinklers . Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities . 6 .7 .3 Water Trucks . Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities . 6 .7.4 Spray Hoses . Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities . 6.7.5 Wood Flour . Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities . 6 .7 . 6 Dustless Material . Resurface the entrance to the Recycling Property and Retail Area with a dustless material, including those materials set forth in Meridian City Code 11 - 3C -5B - 1 . 6. 8 Traffic for Recycling Materials . Traffic to the Recycling Property is regulated as follows : 6 . 8 . 1 Recycling Activities . All traffic to permit Timber Creek to perform the Recycling Activities , including but not limited to, traffic for delivery of Recycling Materials , any safety programs , fire prevention , odor management, and composting, grinding and screening operations is expressly permitted, except as limited by this Section 6 . 8 , and shall not constitute a nuisance . 6 .8 . 2 Compliance with Ada County Highway District . All traffic to the Recycling Property shall comply with Ada County Highway District rules and regulations . 6 .8 .3 Truck Limitation . No more than fifty-six (56) Truckloads of Recycling Materials will be delivered to the Recycling Property per day . For purposes of this Agreement, "Truckload" shall mean any truck or vehicle carrying ten ( 10) or more cubic yards SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533 - Page 9 55663 .0027 . 17778634.5 of Recycling Materials to the Recycling Property for Recycling Activities . For purposes of clarification, the following do not qualify as a Truckloads : (a) Vehicular traffic associated with the agricultural use of the Property such as delivery of feed, livestock , equipment and fertilizer or the removal of crops , livestock, equipment, feed, waste or fertilizer; (b) Vehicles to and from the Retail Area; (c) Vehicular traffic to and from the Property not carrying Recycling Materials ; and (d) Vehicular traffic from the Property delivering Recycling Materials for agricultural uses . 6 . 9 Agency Requirements/Recommendations . Timber Creek shall comply with the following requirements and recommendations from the following agencies : 6 .9 . 1 Fire . (a) Emergency Plan . Timber Creek with comply with the emergency plan previously delivered to the Meridian Fire Code Official . Timber Creek shall provide the City with an updated or revised emergency plan and comply with the updated ore revised emergency plan . ( b ) Process Hazard Analysis . Timber Creek shall prepare a process hazard analysis which satisfies the requirements of the International Fire Code , Section 5001 . 3 . 3 . 11 - 17 (2015 ) and deliver to the Meridian Fire Code Official, if required by the Meridian Fire Code Official . 6 .9 .2 Irrigation . Obtain approval from the applicable irrigation district for any use of or encroachment on the easement(s) surrounding the canals bordering the Recycling Property. If any such approval is required, Timber Creek shall provide evidence of said approval to the City . 6 .9 . 3 Land Development Services . As long as Timber Creek is engaged in Recycling Activities , the Recycling Property shall be open to inspection for compliance with this Agreement by the Land Development Services , upon advance notice . 6 .9 .4 Complaints . Timber Creek will set up a telephone line, email account, or other means of communication for neighbors to be able to submit comments and complaints to Timber Creek relating to the Recycling Activities . SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533 - Page 10 55663 ,0027 . 1777863415 6.9.5 Nuisance. Timber Creek shall not keep the Recycling Property and all associated grounds in a manner that constitutes a public nuisance, as defined in Meridian City Code (MCC) 4-2-1. Procedures and penalties for general nuisances are listed in MCC 4-2- 4. In addition to the remedies available through the enforcement of this Agreement, the City may seek enforcement through abatement by civil action or code enforcement. 6.10 Leaching Ponds. The leaching pond(s), if applicable and any other open water pond(s) for run off or drainage on the Recycling Property shall be treated and maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8. 6.11 Mechanical Equipment. All mechanical equipment (excluding all private or commercial vehicles) and power-driven processing equipment on the Recycling Property shall be operated at least 300 feet from abutting residential districts. All shipping and delivery areas, storage and other outdoor activity on Recycling Property shall be located at least 300 feet from abutting residential districts within the City of Meridian. 6.12 Burning. Burning or incinerating to dispose of solid waste or recyclable materials is prohibited on the Property. 6.13 Site Plan. Attached hereto as Exhibit "C" is a site plan which: a) defines the Property; b) defines the Recycling Property; c) defines the portion of the Property intended to be used for agricultural purposes or non-Recycling Activities; and d) identifies the current location of the equipment to be used for the Recycling Activities. Subject to the limitations in Section 6.11, Timber Creek may change the location of the equipment to be used for the Recycling Activities so long as the equipment is operated within the Recycling Property. The Recycling Property shall not exceed the identified thirty-six(36) acres in total. 6.14 Termination of Recycling Activities. 6.14.1 Complete Termination. On or before June 30, 2027 ("Termination Date"), Timber Creek shall: (a) cease all Recycling Activities on the Recycling Property; (b) have removed all Recycling Materials from the Recycling Property; (c) have removed all improvements constructed pursuant to Section 5.5 of this Agreement from the Recycling Property; and (d) have removed all equipment, fixtures, and personal property used primarily for the Recycling Activities from the Recycling Property. 6.14.2 Use of Property after July 1, 2027. As of July 1, 2027 the Property may only be used for the uses allowed under Section 4.1, Section 4.6, Section 4.7, and Section 6.14.4 of this Agreement. 6.14.3 Transition Plan. Prior to the Termination Date, Timber Creek shall cease accepting certain Recycling Materials, and shall accept reducing quantities of other Recycling Materials, as set forth in the Transition Plan attached hereto as Exhibit "E." Timber Creek shall also comply with other tasks and the timelines set forth in the Transition Plan. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 11 55663.0027.17778634.5 6 . 14 . 4 Parking of Trucks . Notwithstanding the foregoing, following the Termination Date Timber Creek may park commercial equipment on the Property , provided that : (a) the number and size of trucks does not exceed the limits set forth in Section 6 . 8 . 3 ; the commercial equipment is not operated on the Property (excepting the necessary actions to park and remove the commercial equipment) . 6 . 14 . 5 Signage . On or before July 1 , 2025 , Timber Creek shall post a sign on the Recycling Property in a location adjacent to South Locust Grove Road and a second sign on the Recycling Property in a location adjacent to Columbia Road, both of which will state the following : "THIS FACILITY WILL CLOSE ON JUNE 30 , 2027 . " The sign will comply with the size requirements set forth in Meridian City Code 11 - 5A- 6 (D) (2) (b) ( 1 ) , and the letters will be no less than six inches in height. 7 . CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY . 7. 1 Owner/Developer shall develop the Property in accordance with the following special conditions : 7 . 1 . 1 Except as otherwise provided in this Agreement, future development of the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. 7 . 1 . 2 Except as otherwise provided in this Agreement, future development of the Property shall comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC 11 -2A- 5 , unless rezoned by City in accordance with the UDC following application by the Owner/Developer or future developer, and then in accordance with the new zoning designation . 7 . 1 . 3 Any property or easements reasonably needed by the City to provide any sewer or water infrastructure in furtherance of this Agreement shall be provided by the Owner/Developer at no cost to the City . 7 . 1 . 4 Any future development of the Property which will require an amendment to this Agreement to approve any proposed development plan may be sought by the Owner/Developer. The first such request for an amendment shall be at no cost to the Owner/Developer or future developer. 8 . COMMITMENTS AND CONDITIONS BY THE CITY OF MERIDIAN : 8 . 1 The City intends to extend the sewer and water infrastructure (" Utility Extension ") which will benefit the Property, the City, and other adjacent and adjoining properties . The City will endeavor to design the Utility Extension in a manner consistent with the City ' s Sewer Master Plan SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 12 55663 .0027 . 17778634.5 (including the assumptions and tolerances included in the Sewer Master Plan) in existence at the time the City designs the Utility Extension . In furtherance of this objective , the Utility Extension will include , but is not limited to , the extension of. (a) Water Mains ; and (b) Sewer Mains ; and (c) Trunk Lines . A complete description of the Utility Extension is set forth in Exhibit "D ", incorporated by reference to this Agreement . 892 The City shall be expending funds to plan , design, and construct the Utility Extension described in 8 . 1 over the course of time . The City anticipates completion of the initial phase of the Utility Extension in or about Meridian Road/State Highway 69 within approximately two (2) years from the date of the publication of the annexation ordinance for the Property and the completion of the Utility Extension in or about Linder Road and Victory Road in approximately four (4) years from the date of the publication of the annexation ordinance for the Property . The above described timelines for completion of the Utility Extension are subject to the following conditions : (a) Acts of God; or (b ) Denial of the Application by the City or any other governmental agency with authority to approve or deny the Application or Utility Extension ; or (c) Any legal challenge to the annexation of the Property that causes the delay of the annexation approval ; or (d) The inability of the City to acquire all the needed target properties necessary to allow for the necessary expenditure of the Utility Extension ; or (c) Economic limitations , as prescribed by law; or (f) Permitting limitations or denials ; or (g) The inability to acquire the necessary easements for the Utility Extension ; or SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — 1-1-2024-5533 - Page 13 55663 .0027 . 17778634.5 (h) Geology and/or geography of the area; or Y cause or Weather conditions that may dla • (1 ) Y � (j } Unavailability or delay of materials for the Utility Extension ; or (k) Review or delay by other agencies needed for approvals of the Application or Utility Extension ; or (1 ) Labor disputes , strikes , work stoppages ; or (m) Limitations by other governmental , semi- governmental , or private industry restrictions unanticipated at the time of execution of this Agreement; or (n) Any and all contingencies , whether anticipated or not, that are beyond the control of the City . 8.3 In the event the City reasonably determines that it cannot complete the Utility Extension within the timeframes set forth above in Section 8 . 2 due to the occurrence of any of the conditions set forth in Sections 8 . 2 (a) to 8 . 2 (n) , the Owner/Developer or the City may terminate this Agreement upon compliance with the requirements of the UDC . 9 . DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION : 901 Acts of Default . In the event either party fails to faithfully comply with all of the terms and conditions included in this Agreement, this Agreement may be terminated by the Owner/Developer or the City upon compliance with the requirements of this Agreement and in a manner prescribed by law or ordinance . 992 Notice and Cure Period . In the event of any alleged default or failure to perform any obligation under this Agreement, the non-defaulting party shall give the alleged defaulting party written notice thereof. The party given notice of failure shall have a period of thirty (30) days after such notice is given within which to cure such default, which period shall be extended to the extent reasonably necessary to complete such cure so long as the cure was commenced within thirty (30) days after such notice is given and thereafter prosecuted with due diligence . 9 .3 Remedies . SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533 - Page 14 55663 .0027 . 17778634.5 9 . 3 . 1 Remedies Against the Owner/Developer . In the event of default by Owner/Developer that is not cured after notice as described in Section 9 . 2 , Owner/Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein , solely against the offending portion of Property and upon the City ' s compliance with all applicable laws , ordinances and rules , including any applicable provisions of Idaho Code § § 67- 6509 and 67-6511 . Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by the City . This remedy for enforcement of this Agreement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants , agreements , conditions , and obligations contained within this Agreement or to de-annex the Property . 9 .3 . 2 Remedy against the City . In the event of default by the City that is not cured after notice as described in Section 9 . 2 , the City shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City ' s compliance with all applicable laws , ordinances and rules , including any applicable provisions of Idaho Code § § 67 - 6509 and 67 - 6511 . The City reserves all rights to contest whether a default has occurred . 9A Delay . In the event the performance of any covenant to be performed hereunder by either the Owner/Developer or the City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation , acts of civil disobedience, strikes or similar causes , the time for such performance shall be extended by the amount of time of such delay. 93 Waiver . A waiver by a party of any default of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies nor apply to any subsequent default of any such or other covenants and conditions . to . INSPECTION : Following the development of the Property , Owner/Developer shall , immediately upon completion of any portion or the entirety of said development of the Property , as required by City ordinance or policy, notify the City Engineer and request the City Engineer ' s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property . SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 15 55663 . 0027 . 17778634.5 11. REQUIREMENT FOR RECORDATION: City shall record, at its cost and expense, either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the ordinance annexing and re-zoning the Property. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement, at its cost and expense. 12. SURETY OF PERFORMANCE: Following the development of the Property, the City may require surety bonds, irrevocable letters of credit, cash deposits, certified check, or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure the installation of future improvements,which the Owner/Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: Following the development of the Property, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City, except as otherwise provided in this Agreement, and the Property shall be subject to de-annexation if the Owner/Developer shall not meet the conditions contained in the Findings, this Agreement, and the ordinances of the City. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: L &G Murgoitio, LLC 6575 S. Locust Grove Road Meridian, Idaho 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 16 55663.0027.17778634.5 I 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. This Agreement amends and replaces the Original Agreement and the Modified Agreement. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 17 5 5663.0027.17778634.5 City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. THIRD-PARTY BENEFICIARIES. Except for Timber Creek, this Agreement is not intended to create, nor shall it in any way be interpreted or construed to create any third- party beneficiary rights in any person or entity not a party hereto. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council approved this Modified Development Agreement and executed by the Mayor and City Clerk. 24. INCORPORATION OF EXHIBITS. All exhibits attached hereto are incorporated herein. [SIGNATURES ON FOLLOWING PAGE] SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 18 55663.0027.17778634.5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: L & G Murgoitio, LLC Date: , a2 4 0?J By: J Name: " u Title: 0 LX/ Yt .F CITY OF MERIDIAN: By: Mayor Robert E. Simison 2-18-2025 ATTEST: Chris Johnson, City Clerk 2-18-2025 SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 Page 19 55663.0027.17778634.5 STATE OF IDAHO ) ss. County of Ada ) �GIVlUG4 ZC Ls On this 30-day of Dccember, 2024, before me a Notary Public in and for said State, personally appeared L i nd o, W u ireo r ffi(� , known or identified to me to be the manager or a member of L & G Murgoitio,LLC, or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. =CammissionExpires: "s Nota ublic for Idaho LIC Notary Public AHO Residing at (14 e ri G{ ,`Gt o xpires: My commission expires (APT/_IY_ZI?(_I 2�� STATE OF IDAHO ) ss. County of Ada ) On this 18th day of February 2024, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk, respectively, of City of Meridian who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian, ID My commission expires 3-28-2028 SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 20 55663.0027.17778634.5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY L&G MURGOITIO, LLC-PARCEL NO. 1 A parcel located in the E % of the SE % of Section 6, Township 2 North, Range 1 East, Boise Meridian,Ada County, Idaho,more particularly described as follows: BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE%of the SE %, from which an aluminum cap monument marking the northeasterly corner of the SE Y of said Section 6 bears N 0°04'44"W a distance of 2655.72 feet; Thence N 89°21'59"W along the southerly boundary of said E%of the SE%a distance of 1323.88 feet to the southwesterly corner of said E%of the SE%; Thence N 0°02'17" W along the westerly boundary of said E '/: of the SE % a distance of 2655.45 feet to the northwesterly corner of said E %of the SE%; Thence S 89°22'37" E a distance of 1321,98 feet to an aluminum cap monument marking the northeasterly corner of said E%:of the SE'/e; Thence S 0°04'44" E along the easterly boundary of said E '/: of the SE % a distance of 2655.72 feet to the POINT OF BEGINNING. This parcel contains 80.64 acres. NOTE: This description was prepared using record Information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by. Glenn K. Bennett, PLS ��p PRp�� Civil Survey Consultants, Incorporated sU? �S October 13, 2015 er , Q�� 1 fflk/ SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024-5533 - Page 21 55663.0027.17778634.5 EXHIBIT B COPY OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — H-2024 - 5533 - Page 22 55663 .0027 . 17778634 . 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, C�fEF,1D1AN*,,- FINAL DECISION,AND ORDERD A H O Date of Order: January 7, 2025 Case No.: H-2024-0032 (TCR—MDA) Applicant: Engineering Solutions,LLP In the Matter of: Request for modification of existing development agreement (H-2018-0042, Inst. #2019-053058) Pursuant to testimony and evidence received regarding this matter at the public hearings before the Meridian City Council on August 20, 2024, September 17, 2024, November 12, 2024, and December 17, 2024, as to this matter, the City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact.The City Council finds that: 1. The facts pertaining to the property at issue, located on the northwest corner of S. Locust Grove Rd. and E. Columbia Rd. ("Property"), the request made by Engineering Solutions, LLP on behalf of property owner L&G Murgoitio, LLC ("Applicant"), and the notices and hearings are set forth in section III(A) of the December 17, 2024 staff report for Case No. H-2024-0032, which is attached hereto as Exhibit I ("Staff Report"). Section III(A) of the Staff Report is incorporated in these findings of fact as though set forth fully herein. 2. The Property was initially annexed into the City of Meridian by ordinance adopted by City Council on January 26, 2016, and the initial development agreement was recorded on January 27, 2016. Currently, the Property is subject to a first modified development agreement (H-2018-0042), recorded in Ada County as instrument no. 2019-053058 ("June 11, 2019 MDA"). 3. The modifications to the June 11, 2019 MDA requested by Applicant and approved by City Council on December 17, 2024 reflect the culmination of multiple iterations of proposed modifications of the June 11, 2019 MDA over the course of the public hearings. (The August 20, 2024 hearing was continued due to a noticing error.) Such iterations are attached hereto and may be summarized, in relevant part, as follows: a. At the September 17, 2024 public hearing, among other modifications to the June 11, 2019 MDA, Applicant proposed to: 1) Eliminate the list of materials that Timber Creek Recycling ("TCR") may use for the Recycling Activities, and instead agree to use only materials not prohibited by the Idaho Department of Environmental Quality ("IDEQ") or Central District Health ("CDH"). FINDINGS OF FACT,CONCLUSIONS OF LAW,FINAL DECISION,AND ORDER Case No.H-2024-0032(Timber Creek Recycling) Page I 2) Eliminate the list of allowed Recycling Activities , and instead agree to undertake only activities not prohibited by IDEQ or CDH. 3 ) Remove the daily limitation on the number of trucks delivering materials to the Property . 4) Add a commitment to keep the Property free of public nuisance conditions . 5 ) Amend the deadline for TCR to cease the Recycling Activities on the Property to five (5 ) years from the date of execution of the modified development agreement, with an option for Applicant to request an additional extension following City Council review. 6) Provide that if the Property were sold to a developer, TCR would be permitted to continue operating, at the purchasing developer' s discretion . 7) Toll all deadlines in the event the modified development agreement is challenged or appealed. b . At the November 12, 2024 public hearing, among other modifications to the June 11 , 2019 MDA, Applicant proposed to . 1 ) Keep the list of materials that TCR may use for the Recycling Activities , but clarify that "cheese whey WAS " is categorized as food waste, and is therefore permissible for use for Recycling Activities . 2) Keep the list of allowed Recycling Activities , with no material changes to the list in the June 11 , 2019 MDA . 3 ) Keep the daily limitation on the number of trucks delivering materials to the Property, with no material changes in that regard to the June 11 , 2019 MDA . 4) Add a commitment to keep the Property free of public nuisance conditions . 5 ) Amend the deadline for TCR to cease the Recycling Activities on the Property , from June 11 , 2029 (under the June 11 , 2019 MDA) to December 31 , 2027 , and require that TCR follow a transition plan with milestones for progressively lessened use of the Property for Recycling Activities over time, until the December 31 , 2027 Termination Date. 6) Provide a schedule of graduated administrative fines to be applied in the event of TCR ' s failure to comply with the transition plan . This version did not provide that if the Property were sold to a developer, TCR would be permitted to continue operating , at the developer' s discretion ; nor did this version FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER Case No. 1-1-2024-0032 (Timber Creek Recycling) Page 2 propose to toll all deadlines in the event the modified development agreement is challenged or appealed. c . At the December 17 , 2024 public hearing, among other modifications to the June 11 , 2019 MDA, Applicant proposed to , 1 ) Add, as an exhibit, a more specific list of permitted materials ; and eliminate as materials permitted for use for the Recycling Activities the miscellaneous category of "other materials . . . which are of the same category as the materials identified . . . or are intended for agricultural uses . " 2) Keep the list of allowed Recycling Activities , with no material changes to the list in the June 11 , 2019 MDA . 3 ) Keep the daily limitation on the number of trucks delivering materials to the Property . 4) Add a commitment to keep the Property free of public nuisance conditions . 5 ) Amend the deadline for TCR to cease the Recycling Activities on the Property , from June 11 , 2029 (under the June 11 , 2019 MDA) to June 30 , 2027 , and require that TCR follow a transition plan with milestones for progressively lessened use of the Property for Recycling Activities over time, until the June 30, 2027 Termination Date. 6) Commit to posting signs on the Property, facing S . Locust Grove Road , and Columbia Road, stating that the facility will close on June 30, 2027 . This version did not provide a schedule of graduated administrative fines to be applied in the event of the TCR ' s failure to comply with the transition plan . 4. City Council ' s action on Applicant' s request is subject to Idaho Code section 67 -651 IA , which states that a development agreement "may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67- 6509 , Idaho Code ." 5 . City Council ' s action on Applicant' s request is further subject to Meridian Unified Development Code section 11 - 5B -3 (F) (2) , which reads , in relevant part : "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. " 6. City Council ' s action on Applicant' s request is further subject to Table 11 -5A-2 of the Meridian Unified Development Code, which provides that the Director of the Community Development Department (or staff designee) is to make a recommendation regarding the request for a development agreement modification, and City Council is to make the final FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER Case No. 1-1-2024-0032 (Timber Creek Recycling) Page 3 i I decision, following a public hearing process set forth in 11 -5A-6. Staff, City Council , and Applicant did follow this process, as detailed in Table 2, section II of the Staff Report attached hereto as Exhibit 1 , which table is incorporated as though set forth fully herein . Compliance with this process does meet the notice and hearing requirements of Idaho Code section 67 -6509 . 7 . Testimony and evidence in opposition to Applicant' s request was received prior to and on September 17 , 2024, November 12, 2024, and December 17 , 2024 . Such testimony and evidence may be summarized as follows . a. At the September 17 , 2024 public hearing, citizens testified about their concerns regarding TCR ' s current operations , including processing of waste-activated sludge ("WAS ") , creating conditions of foul odors , blowing dust, Cair pollution, unsightly materials , noise from the grinder, truck traffic, and potential health impacts . Citizens testified that the City should honor the June 11 , 2019 MDA ' s commitment that the use would cease when residential development was within 1 ,000 feet of the property, and that the current and proposed ongoing use is incompatible with the residential and other uses in the area . b. At the November 12, 2024 public hearing, citizens testified about their concerns regarding TCR ' s accountability for compliance with the terms of the current development agreement and operating plan , TCR ' s compliance with the proposed transition plan, air and water pollution, processing of WAS , truck traffic, and foul odors . A representative of the developer of a nearby subdivision requested denial of the extended operational period, or, alternatively, a requirement that Applicant post a sign on the Property announcing when TCR operations would cease . Citizens testified that a two-year closure deadline would be preferable, and that the modified agreement should include liquidated damages . c . At the December 17 , 2024 public hearing, citizens asked City Council to deny the request for the proposed modifications and hold Applicant to the terms of the June 11 , 2019 DA . 8 . Testimony and evidence in support of the Applicant' s request was received on September 17 , 2024 , on November 12, 2024, and on December 17 , 2024 . Such testimony and evidence may be summarized as follows . a. At the September 17 , 2024 public hearing , citizens testified that TCR ' s activities divert discarded materials from landfills , that they emit little dust, and that TCR should be allowed to continue the activities until its other location in Nampa is operational. Citizen testimony also suggested that dust may be attributed to unrelated truck traffic or construction in the area. The Applicant testified that TCR is part of the waste management system in Ada and Canyon Counties , repurposes and uses material that would otherwise be left in the landfill , and needs the additional time to transfer its current operations from the Property to TCR' s Nampa location due to unforeseen conditions and delays . FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER Case No. W2024-0032 (Timber Creek Recycling) Page 4 b . At the November 12, 2024 public hearing, a citizen testified that he had testified against the request at the September hearing , but had changed his mind to support the request after touring the Property and learning about benefits of the Recycling Activities . Meridian Code Enforcement Supervisor Lacy Ooi testified that having a plan in place contemplating TCR' s measured closing of operations and departure from the Property would facilitate cleanup of the Property as well as public safety . The Applicant testified that since the September hearing, TCR had undertaken efforts to treat the WAS to mitigate odors and to cease crushing concrete and asphalt, and prepared a plan for ceasing operations , with specific milestones . c . At the December 17 , 2024 public hearing, the Applicant reported that TCR passed its annual inspection by CDH on November 19, 2024 , diverted a significant portion of WAS to its plant in Nampa, and has started applying lime on incoming materials in an effort to mitigate odors . 9 . At the November 12, 2024 public hearing , representatives of CDH testified that: a. While CDH did issue warnings of operation plan violations related to odor complaints , no formal notice of violation had been issued to TCR for violation of the operating plan approved by the Idaho Department of Environmental Quality . b . No public health threat is associated with the Recycling Activities at Timber Creek. 10 . Based on the testimony and evidence received, the City Council finds that it is in the best interest of the City of Meridian to amend the June 11 , 2019 MDA to incorporate the modifications proposed at the December 17 , 2024 public hearing . Such modifications will serve the public interest by : a. Clarifying which materials may be used for the Recycling Activities , b . Providing an enforcement mechanism to the Code Enforcement Division of the Meridian Police Department, in the event of a nuisance condition on the Property , c . Providing a date certain for the cessation of Recycling Activities on the Property, i. e . , June 30, 2027 , which date does allow TCR ' s operations after the potential earliest deadline for cessation under the terms of the June 11 , 2019 MDA, but also requires cessation of operations earlier than the potential latest date allowed under the terms of the June 11 , 2019 MDA , and further provides certainty and clarity regarding the date TCR will cease operations at the Property ; d . Following the transition plan and facilitating the cessation of the Recycling Activities while also allowing TCR to continue providing the benefits to the community offered by the operation ; and FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER Case No. 1-1-2024-0032 (Timber Creek Recycling) Page 5 e. Notifying the public of the timeline for cessation of the Recycling Activities by the provision requiring Applicant to post signs to that effect on the Property. B. Conclusions of law. The City Council concludes that: 1 . The modification of a development agreement is governed by the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65 , Title 67 , Idaho Code, specifically Idaho Code section 67-6511A, and City Council takes judicial notice of same. 2. Meridian Unified Development Code ("UDC") section 11 -513 -3 (17) (2) governs the modification of a development agreement, and City Council takes judicial notice of same, as well as of all current zoning maps and the City of Meridian Comprehensive Plan . 3 . Though City Council received conflicting testimony , City Council ' s findings of fact are supported by substantial competent evidence in the record, as contemplated by Price v. Payette County Board of County Commissioners, 131 Idaho 426, 429 ( 1998 ) and Davisco Foods International, Inc. v. Gooding County, 141 Idaho 784, 789 (2005 ) . 4 . Pursuant to Idaho Code section 67-6503 , the City of Meridian has properly exercised the powers conferred by LLUPA . C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby grants Applicant' s request for modification of the June 11 , 2019 MDA as proposed at the December 17 , 2024 public hearing . D. Final decision. Upon approval by majority vote of the City Council , this is a final decision of the governing body of the City of Meridian . E. Judicial review. Pursuant to Idaho Code section 67-6521 ( 1 ) (d) , if this final decision had concerned a matter enumerated in Idaho Code section 67 - 6521 ( 1 ) (a) , within twenty- eight (28 ) days after all remedies have been exhausted , including requesting reconsideration of this final decision as provided by Meridian City Code section 1 -7 - 10 , an affected person aggrieved by this final decision would have had the opportunity to 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 . In the Decision entered on November 24, 2021 , in Brown et al. v. City of Meridian (Ada County Fourth Judicial District Case no . CVO I 49-06894) , District Judge Derrick J . O ' Neill held that City Council ' s decision to modify a development agreement is not a matter enumerated in Idaho Code section 67- 6521 ( 1 ) (a) , and is therefore not subject to judicial review . F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67- 6521 ( 1 ) (d) and 674003 , an owner of private property that is the subject of a final decision FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION, AND ORDER Case No. 1-1-2024-0032 (Timber Creek Recycling) Page 6 may submit a written request with the Meridian City Clerk for a regulatory takings analysis . IT IS SO ORDERED by the City Council of the City of Meridian , Idaho , on this 7th day of January, 2025 . COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Robert E. Sin . 1 - 7 - 2025 Mayor Attest : 0. ,gyp ^ and ,/y{ L' IDR IANI• Chris Johns 5 City Clerk i II FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION , AND ORDER Case No. 11-2024-0032 (Timber Creek Recycling) Page 7 Exhibit 1 COMMUNITY DEVELOPMENT / Y 1- E IDIAN j, DEPARTMENT REPORT il A H G HEARING December 17 , 2024 1 DATE: f 8 Continued fro August 20 and f - - September 17 and November 12, 2024 n 9 5>' Oil TO : Mayor & City Council c 4 `1 ?5 G FROM : Sonya Allen , Associate Planner i 208-884-5533 A _ ' � f sallen@meridiancity.org .;� APPLICANT: Engineering Solutions, LLP SUBJECT: H-2024-0032 legend _ O Project Location o Timber Creek Recycling - MDA PONArea of Impact . �. LOCATION : Northwest corner of S . Locust Grove Rd . city Limits � . and E. Columbia Rd. , in the SE 1 /4 of 0 Analysis i Section 6, T. 2N. , R. IE. I. PROJECT OVERVIEW A. Summary Modification to the existing development agreement (H-2018 -0042, Inst. #2019-053058) to further clarify the current and future permitted uses and timelines , create guidelines to allow for efficient and continued use of the property , and ensure the operation is meeting all State and Federal guidelines . B . Issues/Waivers None C. Recommendation Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III below . D. Decision To be determined II. COMMUNITY METRICS Table 1 : Land Use Description Details Existing Land Use(s) Recycling & composting of materials Proposed Land Use(s) No changes proposed Existing Zoning R-4 (medium low-density residential) Future Land Use Designation LDR (Low-density Residential) City of Meridian Department Report I . Project Overview Table 2 : Process Facts Description Details Preapplication Meeting date 5/ 14/2024 Neighborhood Meeting 4/30/2024 Site posting date 8n/2024 and 9/4/2024 III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code ( UDC ) A . History This property was annexed with an R4 zoning district in 2016 as part of the larger South Meridian annexation , which incorporated a total of 1 ,322-acres of land in south Meridian . A Development Agreement (DA) was recorded for this property as a provision of annexation (Murgoitio LLC — Inst. #2016-007075) . The agreement allowed any currently allowed use in the County pertaining to raising and maintaining livestock; discharge of firearms ; currently stored or maintained farm equipment, vehicles, materials necessary for the agricultural operation of the property, etc. to remain on the property ; and continued operation of Timber Creek Recycling on the property as an interim use , until such time as the property is developed in the future . The agreement outlined the primary activities of the recycling business , including the type and amounts of materials delivered to the site daily from the Ada County Landfill and miscellaneous contractors (i .e . wood, grass, leaves, sheetrock and other materials) ; and the recycling activities that were approved to operate on the site. It also included details on the termination of recycling operations on the site. A modification to the DA was approved by City Council in 2019 [L & G Murgoitio, LLC H( -201 & 0042) — MDA Inst. #2019-053058] , which replaced the original DA. The amendment added a commercial composting component and retail sales to the existing recycling operations on the site and included a concept plan depicting the layout of the site and location of specified operations . Materials proposed for composting consist of food and garden waste and demolition debris ; additional activities and equipment associated with the use were included in the agreement. The amendment also removed the daily limit for deliveries to the site of certain types of materials resulting in unlimited deliveries . Hours of operation for the composting program were also included . On April 16, 2019 , a Petition for Judicial Review of the City Council ' s decision was filed by several neighbors near the property . The parties litigated the matter for 2.5 years , and on November 24, 2021 , the District Court entered a judgment upholding the City Council ' s Findings of Fact and Conclusions of Law . Many letters of testimony on the previous application were received by the City from nearby residents for and against the proposed business expansion and DA amendment. A general summary of the testimony includes the following concerns/ comments pertaining to the proposed use: (see the public record for more detailed information.) 1 ) Increase in truck traffic entering/exiting the property and impact on adjacent roads and traffic (suggestion to limit truck traffic to non-commuting hours to reduce traffic conflicts of trucks using two lanes to turn at the Columbia/Locust Grove intersection) ; 2) Increase in dust generated from the existing and proposed use and mitigation thereof; 3) Increased noise generated from heavy equipment, grinders and trucks and impact on residential neighbors , 3) Size and height of recycling materials piles and potential fire hazard of compost piles ; 4) Unpleasant odors generated from decomposition of materials (food and waste) to be recycled and pests (i .e . rodents , birds, skunks , flies, bees , mosquitos, etc .) - suggestion to require regular inspections to ensure best practices for recycling/composting are being practiced to reduce issues ; City of Meridian Department Report III . Staff Analysis 5) Unsightly landscape of the site (i .e. trash, stock piles of materials to be recycled, etc.) , 6) Limitation of business hours that the recycling operation is open to the public and that recycling activities occur to reduce impacts of light pollution and noise on neighbors ; 7) Require fencing around the perimeter of the site to prevent future conflicts between the business and area residents ; 8) Reduced residential property values and a less desirable location with the proposed use ; 9) Concern pertaining to water quality (potential for toxins leaching into the water) and water table; increased risk of contamination of surface and groundwater (leachate) from the facility which borders an irrigation canal ; 10) Negative impact on quality of life for adjacent residents (excess dust, noise, odor, appearance of site) ; 11 ) Support of proposed recycling operation which will reduce trash in landfills and is good for the community and environment; 12) Success of composting program in the City of Boise and benefit for residents ; 13) Emission of bioaerosols (airborne particles that contain live organisms or were released from living organisms, may contain bacteria, fungi, viruses, microbial toxins, pollen, plant fibers , etc.) from composting activities which may pose a hazard to susceptible members of the public ; 14) Need for improvements to infrastructure to support homes that are currently under development in the area and increased traffic from large commercial trucks from the proposed use; 15) Industrial/commercial use does not belong in residential area that is continuing to grow with families , 16) High winds in this area blowing trash onto adjacent properties , 17) Potential for insects drawn to the proposed use to carry disease to residents , pets and livestock on neighboring properties ; and, 18) Potential contamination of soil . Table 3: Project Overview Description Details History H-2015-0019 South Meridian (Murgoitio LLC - Inst. #2016-007075) ; H- 201 &0042 (L & G Murgoitio, LLC - MDA Inst. #2019-05.3058) Acreage 80.52-acres B. General Overview The Applicant requests a modification to the existing development agreement (H-2018-0042, Inst. #2019- 053058) to further clarify the current and future permitted uses and timelines , create guidelines to allow for efficient and continued use of the property, and ensure the operation is meeting all State and Federal guidelines . This modification , if approved, will replace the previous DA in its entirety and removes the parcel (i .e. Parcel 2) from the agreement located on Lake Hazel Rd . where some business operations were occurring as that property has since redeveloped. The existing site plan, included in Section VI.B below is proposed to be replaced with the updated site plan in Section VI. C . C. Staff's Analysis The Applicant has submitted a full version of the proposed amended DA in strike-out/underline format showing the existing text and proposed changes to the agreement, which is included in the public record and also linked in Section VI.D below. An updated version was submitted after the last Council meeting based on the proposed new Phased Transition Plan for Council ' s consideration (see link in Section VI .D . City of Meridian I Department Report II1 . Staff Analysis Another updated version was submitted after the Council hearing on November 12" as directed by City Council . The Applicant ' s narrative describing a summary of the proposed changes is also included in the public record . The main changes proposed to the agreement are as follows : (Staffs analysis of the proposed change is included in italics below each item) • The list of materials received on the site for recycling, which are currently specified, are proposed to be removed to allow "any" materials, provided they ' re not prohibited by the Idaho Department of Environmental Quality (IDEQ) and Central District Health (CDH) (i .e. #5 . 1 ) ; a provision has been added that clarifies recycled materials do not include biosolids as defined by IDEQ (i .e . #5 . 1 ) . Staff is in favor of clarifying that biosolids are not an allowed recyclable material on the site. Of particular concern is the processing of a product called Waste Activated Sludge (WAS), which is sludge produced from a non-municipal wastewater treatment or disposal facility. According to IDEQ, Timber Creek Recycling is currently processing WAS at this property. Assuming this is processed into a soil amendment for agricultural use, this is allowed under the current development agreement. However, it is unclear whether this is allowed under the currently approved IDEQ/CDH operating plan. Stq ff is not in favor of removing the specific materials that are allowed due to possible negative impacts from new materials on adjacent residential neighbors, which could result in issues that aren 't able to be addressed by Code Enforcement. Listing specific materials provides clear direction on what materials are and are not allowed to be recycled on the site the Applicant has rescinded their request for removal of specific materials .from the DA aAd included an undated list of materials in Exhibit F of the imposed amended DA. which includes new materials in addition to those previously included. agreement, and ineeiper-ated by tv"neee • Clarification that recycling and associated activities will not include any materials or activities that are prohibited by IDEQ or CDH and removal of the description of each activity (i .e. #5 . 1 ) . Staff is in favor of clarifying that recycling and associated activities won 't include any materials or activities that aren ' t allowed by IDEQ or CDH. However, Staff is not in favor of removing the descriptions of each activity as the descriptions provide clear direction on what activities are allowed to occur on the site. An amended DA was submitted since the last heari►� on November 12°i that retains the description of each recycling activity (Le. #5.21. • Addition of a stand-alone nuisance provision in section 6.9 .5 , by which the parties agree that the City may enforce the City nuisance code on this property Staff is in favor of the addition of this provision. • The existing agreement specifies the operation of Timber Creek Recycling on the portion of the site depicted on the site plan as "Recycling Property" is allowed to be conducted on the property for a maximum period of 10 years from the date City Council approved the signed DA , which was on 6/ 11 /2019 . The use would terminate on 6/ 11 /2029 unless Timber Creek submits a request for Council to review the recycling activities (no later than one ( 1 ) year prior to the expiration date) and determine whether to permit the recycling activities to continue (i .e. #4. 8) . The Applicant proposes to remove the maximum operating period of the recycling activities on the site and includes a 5-year maximum timeline on composting activities with an option for an extension (i .e. #6 . 14. 1 ) . The Applicant states the change is necessary to meet the requirements of IDEQ, providing a hard deadline. Since the last hearing on Sept. 17 h, the Applicant met with the neighbors and based on testimony presented at the public hearing and feedback from neighbors, a Phased Transition Plan was submitted for the next three (3 ) years for all operations to be City of Meridian I Department Report III . Staff Analysis completed by December 2027, included in Section. VLF of this report and in the proposed amended DA as Exhibit E. The Plan focuses on the following issues: odor, dust, volume and accountability and proposes a timeline for addressing these issues. After the hearing on Nov. 12"', the Applicant submitted an updated transition den as directed by Council with a six (61 month shorter termination date of June 30, 202L at which point all recycling activities on the prop" shall cease. A 3'd amendment to the Plan was submitted that 's included in Section VLF; changes are included in a red box. Staff is not in favor of the proposed change to remove the maximum time period of 10 years for recycling activities or the new proposed 5-year timeline for composting activities. Staff recommends the existing timelines remain for the overall use and that the composting use is included in the provision, • Inclusion of a statement requiring compliance with all federal , state and local entities with jurisdiction, including, but not limited to IDEQ, CHD, Department of Agriculture, U. S . Environmental Protection Agency, U . S . Department of Agriculture, the Ada County Air Quality Board, and the Idaho Department of Water Resources (#6 .2) . The City may consider a finding by one of these named agencies of violations of their regulations to be a cause for a violation of this Agreement . If a violation is found, actions to be taken by Timber Creek are included. Staff is in support of this change. • Removal of the truck limitation requirement (i .e. 56 truckloads per day) . The Applicant states the change is due to the difficulty in keeping track of the number of vehicles and the burden it ' s placed on operation of the facility (i .e . #6 . 6 . 3) . Staff is not in support of removing the truck limitation as it could result ill a much greater number of deliveries to the site, which could negatively impact traffic and neighbors in the area and leave Code Enforcement with no way to address issues if they arise. Since the last hearing on Nov 77"', the Applicant s omitted an amended DA that retains the truck wAatiou requirement. • Removal of the requirement for operations to cease on the site within 30 days of the City granting a Certificate of Occupancy to any new residential or commercial development within 1 ,000 feet of the recycling property (i.e . #6 . 8 . 2) . Staff is not in favor of removing this requirement as the use will likely negatively impact future residents ita this area as existing residents have complained about the negative impacts they 've experienced from the facility. Land has been annexed into the City within 550 feet of the facility for the development of Hadler Subdivision northeast of the site, a final plat has been approved within 675 feet of the facility — the first Certificate of Occupancy will likely be issued within the next year, which will require recycling operations to cease on the site. In lieu of removing this reauirernen& a transition plan was submitted, included in Section VLF below. City of Meridian Department Report III . Staff Analysis LLLLL Iw 1 DISCOVEt Y -Qt1ARR � rFVT { -Bec dcYlo + >0 _ Hadler Sub Corry — - ML m LliNMI rr la� � Pb tsivve. ni to NNI NI • An updated site plan is included in Section VI. 0 below; the existing site plan is included for reference in Section VI.B . Staff is amenable to replacing the existing site plan with the updated site plan as it appears to be generally the same. • Removal of Parcel 2 from the boundary of the property subject to the amended DA due to that property being redeveloped into residential lots ; see legal description and exhibit map included below in Section VI.E for property subject to the amended DA . Staff is in favor of updating the area subject to the amended DA. • Inclusion of two (2) new sections : 9 . 3 Failure to Comply with Transition Plan and 9 .5 Remedies against Timber Creek. These sections detail remedies the City will have if Timber Creek fails to comply with the obligations or deadlines set forth in the Transition Plan, which include monetary penalties to the City in the event Timber Creek is in default of the Transition Plan following notice and opportunity to cure. Staff does not object to the addition of these provisions. These sections were removed in the amended version of the DA at the request of the City Attorney. In summary, Staff recommends denial of all changes to the DA that expand, extend and/or intensify the existing approved use. To date, three (3) many letters of public testimony against expansion and extension of the existing use have been received (see public record for more information) . City of Meridian Department Report III . Staff Analysis IV, AGENCY COMMENTS Agency comments may be accessed in the proiect Re included in the public record. V. ACTION A. Staff: Staff recommends denial of all proposed changes to the DA that expand, extend and/or intensify the existing approved use and approval of other changes as noted in Section III above. A. City Council : The Meridian City Council heard these items on August 20",, September 1711, November 12'" and December 17 , 2024. At the hearing on December 17 "s Council voted to approve the proposed MDA 1 application with modifications as discussed during the hearings 1 . Summary of the City Council public hearing a. In favor: Caleb Lake , Applicant' s Representative; Mike Murgoitio, Applicant; Becky McKay, Engineering Solutions (Applicant' s Representative) b . In opposition : Quinn Black : Joann Tima; Clancy O' Hara; Lou Murgoitio; Ken McAfee ; Brenda Blitman; Troy Allen , Anna Canning, Centurion Engineers (on behalf of neighboring property owner) ; Tony Mayer; Marla Fund ; Gena Russell ; Todd Edgar;-Ken Jantz: Billie Jean Black: Jim Cox: Debbie Allen ; Laren Bailey -c, Commenting: Lori Badigian & Michael Reno, Central District Health Dept. ; LKK IQQ= i : Joanne Tima, Jonathan Fewkes , Brenda Blitman , Elizabeth Koeckeritz on behalf of Black Rock Homes : Justin Crann", Vicky Reynolds d Written testimony : Many letters have been submitted (see public record) e. Staff presenting application : Sonya Allen f. Other Staff commenting on application: Lacy Ooi . Code Enforcement 2. Key_ issue(s) of public testimony : Negative air quality from grinding of concrete and odor generated from use; b Health concerns due to silica dust in the air generated from the site; c Water and air quality concerns for children and residents in the area: d_ In support of the recycling services provided by this business and reduction of waste in the landfill , e Odors from the facility smell like human waste and rotting flesh and fine white dust (concrete , rocks?) generated from the facility — would like to see the uses associated with these issues cease , The use doesn' t belong in residential neighborhood, Lack of fairness involved — other industrial users have to have approval to operate and be in an industrial ar�a f The use doesn ' t comply with the UDC — purpose statement of the district, non-conforming use not requiring a CUP for the use etc . Code violations on the site, including the use being a public nuisance . Concern due to cancer causing toxins in the air: request for a narrower timeline to off-load to other site in Nampa• h Request for concrete and rock crushing and sludge be immediately removed. 3_ No public opportunity to comment on the use originally ; use should have gone through a conditional use permit: limited accountability of the user; against extension of use; Frustration that none of the agencies seem to be able to make a decision on whether or not he Applicant is operating in violation of the DA and/or applicable regulations . k Update from Central District Health on notice of violations on the site . 1 , Update from City code enforcement on process for handling complaints and concern pertaining to the proposed 30 day notice to vacate. m Request for a shorter operating time than 3 years . City of Meridian I Department Report V . Action n Request for Council to enforce the existing DA and hold the applicant to the existing time requirements for operation of the use in the DA . 3 . Key issue(s) of discussion by City Council : a. Work with Staff and the Legal Dept, to work on a plan that would fully decommission the site within two (2) years . b . Cease all operations on the site by Apr11 ,202 7 . c Continue this application until April V and keen public hearing open — is there any, additional info or timeline that we ' re seeking from the Applicant to give greater clarification . The Applicant' s proposal to shut down all operations by June 30 . 2027 . e, Continue to December 17" in order for the Applicant to come back with a revised DA with a six-month shorter timeline, revise the Phased Transition Plan accordingly to cease all Aerations by June 30, 2027 , Draft Findings for approval would also be prepared for review by Council . The Applicant should include a list of all materials to be accepted for recycling. The Applicant should include signage on the property for when operations on the site will cease. f_ The Council generally supported the revised changes proposed to the DA . 4 . City Council change(s) to Staff recommendation: a. City Council approved the Applicant' s (revised) request for a modification to the DA . i i I I City of Meridian Department Report V . Action EXHIBITS A . Aerial Photo � tNiiw fin PA LL 10 Legend C:) Project Location NNE ON Area of Impact NCO City of Meridian �1 a �►- 1 � DepartmentReport B . Existing Site Plan r' `' Q k j _ s i �• FF ' — -- - - — — -- —`_ Ll a 7 . I F \ 1 4t, — d ! I r yf' ; Y r i d . P , I y / f : f woe 1 jL-. •' - - .� _ �_ .q - � .�'� .� � ' Fes- ._ _. ... - -_ . _ - � .., �� . -- ' Ito ; h I - , ILI 4 I Ir .- !:c A t i - City of Meridian Department Report VI . Exhibits C . Proposed Site Plan r it ,,,.In. iirs'simsm,smass� '.X long wA�'.N '" NMI - 7 ""ll'"'• 1S2_ VJ�Jj f.Yy 3P50390d013d HOHJL V N131 a Jo/,1 / iiva ivw rounuluss3 suma�i_soaNr� a jj ii 77 K .e rniaasaa �N 'IRA^_iL Li7YRLiG1.81 a ui 81V s un r I b 0 O w ' _ r r , ,i: is 1 I R � HDVM01S WHV4 { I - UP ° ONIHa�d „ o cc ? 1p I V � •. 1C{ ' ' L - I City of Meridian Department Report VI . Exhibits D . Proposed Amended Development Agreement Copy the following links for these documents, contained in the project file, into a separate browser: Links : Redline version of proposed DA .4 https://weblink. meridiancity. org/WebLink/DocView. aspx ?id=377748&dbid= 0& repo=MeridianCity Clean version of proposed DA .0 https://weblink. meridiancity, org/WebLink/DocView. aspx?id=377747&dbid= 0& repo=MeridianCity City of Meridian Department Report VI . Exhibits E. Legal Description of Property Subject to the Amended Development Agreement EXHIBIT A ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO L & G MURGOITIO, LLC - PARCEL N0. 1 A parcel located in the E % of the SE '/, of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows : BEGINNING at an aluminum cap monument marking the southeasterly corner of said SE '/, of the SE 1, from which an aluminum cap monument marking the northeasterly corner of the SE % of said Section 6 bears N 0"04'44" W a distance of 2655 . 72 feet; Thence N 89 °21' 59 " W along the southerly boundary of said E % of the SE '/ a distance of 1323 .88 feet to the southwesterly corner of said E % of the SE %; Thence N 0"02' 17" W along the westerly boundary of said E Yz of the SE % a distance of 2655 .45 feet to the northwesterly corner of said E '% of the SE '/,; Thence S 89"22' 37" E a distance of 1321 . 98 feet to an aluminum cap monument marking the northeasterly corner of said E Y, of the SE %to Thence S 0°04'44" E along the easterly boundary of said E 'r6 of the SE a distance of 2655 .72 feet to the POINT OF BEGINNING . This parcel contains 80 . 64 acres . NOTE : This description was prepared using record information including Record of Surveys, subdivision plats and deeds acquired from the Ada County Recorder' s office . No field survey has been performed . Prepared by : Glenn K. Bennett, PLS P1,11 s Civil Survey Consultants, Incorporated BUR�V October 13, 2015 OF ,®p Merid an City Council Meeting Agenda June I l t 2010 — Page 178 or 306 City of Meridian Department Report V1 . Exhibits EXHIRIT A SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION FOR THE CITY OF MERIDIAN LOCATED IN THE E 112 OF THE SE 114 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, NOISE MERIDIAN, ADA COUNTY, IDAHO S 8922 :37 " � 1321, 98' I SCALE: J =400 ' U Ldcc PARCELno, Lcc b N N SE 11146 4i O �] O COLUU&4 ROAD 6 c, F. V16 N 8,9621 59 " W 1323. 88 ' - 7 TR POINT OF ,oNPt_ LgNp 8EGlNNINC ¢�G1ST �R G,p ti o a 5082 CIVIL SURVEY CONSULTANTS , INC. Jr Jplj � 2893 SOUTH MERIDIAN ROAD MERIDIAN , IDAHO 83542 �FNNic Meridian eridian City Council Pdeeting Agenda Juno 11 , - Page 181 of 396 City of Meridian Department Report VI . Exhihits F. Phased Transition Plan — REVISED Revisions shown in re ( I linx E 1HLRIT •'E " TRANSITION PLAN Timber Creek Recycling "Engineering waste to its highost and best us ( , " Bate : December 3 , 2024 Phased Transition Plan for the Meridian Compost Site 7695 S . Locust Grove Rd Meridian , 1D 83642 City of Meridian Department Report VI . Exhihit .ti Phase Focus 2024 Timin ! % of total Cheese g WAS diverted Odor o Stop regularly receiving Cheese WAS L. Q1JQ2 Q3 I Q4 �t 1 on weekends at the Meridian site tt Conduct experiments of Calcium Hydroxide, " lime" (Ca(OH)2), addition to Cheese WAS at Meridian site. (Complete Coordinate with Sorrento lacialis on by procurement of equipment for addition De20em er of 'lime" to Cheese WAS at Sorrento 24) plant Dust o Effective November 1 " , no more Concrete/Asphati /Tile/ Porcelalnl Brick accepted at the Meridian site Q 1 Q2 Q'.37FQQ o Continue regular dust control measures (i.e. water truck) Volume Q1 Q2 Q3 FQ4 o At least 25% of the inbound Cheese WAS diverted from the Meridian site 254e Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility " closure plan " for DEQ and CDH approval City of Meridian Department Report VI . Exhibits Phase Focus 2025 Timing of total CheeseWAS diverted Odor C, Pilot , full scale addition of " limo" to I Q1 I Q21 Q3 Q4 #2 inbound Choose WAS at the Sorrento Choose Plant 1 o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitor for effectiveness by (Qt ) December 2025) c' Ongoing coordination with orremo Lactalis for addition of " lime " c) Fully implement " lime" addition to Cheese WAS as a odor control measure , so long as testing was successful ( Q2) Dust Final crushing of Concrete/Asphalt/Tile/ Porcelain/ Brick at the Meridian Site (Q 1 ) Q1 Q2 Q3 Q4 c Continue regular dust control measures ( i .e. , water truck) Volume Complete engineering for additional Q1 Q2 Q3 Q4 ASP pad ( 1 of 2 ) at the Nampa site (Q2) Additional ASP pad ( 1 of 2 ) under construction of the Nampa site (Q3) o Additional 25% of inbound Cheese WAS divertod from tho Meridian silo (Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 Citv Code Enforcement Closure signog=etosuroptan c Complete a drcoordination w City of' Meridian Department Report V ( . Exhibits % of total Cheese Phase Focus 2026Timing WAS diverted Odor Ongoing monitoring of Chooso WAS Q1 I Q2 Q3 Q4 #3 odor control measures Dust ( Complete o Continue regular dust control by measures ( i .e . , water truck ) Q7 I Q2 43 Q4 Decernber 2026 ) Volume o Completeonginoering for add itionat ASP pad ( 2 of 2 ) ( Q2) Q1 Q2 Q3 Q4 o Additional ASP pad (2 of 2) under construction at the Nampa site (Q3) 100% u 100 % ofthe Cheese WAS diverted from the Meridian site (Q4) Accountability o Quarterly inspections with Meridirm Q1 Q2 Q3 Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEA and CDH (Q4) Phase Focus 2027 Timin % of total Cheese WAS diverted Odor o No cheese WAS received at the 41 Q2 #4 Meridian site Dust (complete c) Continue regular dust control by measures ( i . e . , water truck) Q1 Q2 30 June 2027) Volume o Sale or transfer of remaining 100 , inventory Q1 Q2 o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability j o Quarterly inspection with Meridian City Code Q1 Q2 Enforcement (Q1 ) o Final site walk through with Meridian Code Enforcement ( Q2 ) Final Tier 11 site close out with CDH and DE 2 City of Meridian Department Report VI . Exhibits EXHIBIT C SITE PLAN In ; \ FARM i OW vy ypa jcW rOMFO8i1ROlPARM ` - 1 , p4 I\ OW g; i COMPOSTING I 1\ A I PARNIMO '� y . . \ 51C 4AGE RETAIL II ri \` \ RGYCRVa ` IUROR UOROE UHO\ % WOOD) FARMj4b I fm I e DRAFT SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murg oitio , LLC — H-2024-5533 - Page 23 55663 .0027. 17778634.5 EXHIBIT "D " UTILITY EXTENSION J CalderWeed i E C Ide Irvi 1! % Ch r'op " i St h a y n( ft tf f d 1 psP ' r lye A IN <'. osafYn 0} 5 � . n i wcubsli / a N v� 'R I« Ve ets � om° IIl1A y fuel o b . ,Q P b o , , E ma s= q -lig h�jll �, d^ 1 Iry - I i- rd W Verneal a o o ' M Ors Or H i i3 46 de 1; � 1 �iP Wr6a1 ar� rrss a j . r in ^ � 1 a I q j =q I c g W Victory Rd . h EN It:to w vl Q - ll I . a n W ute Ct . lit a d I r t Y RI bos r 3 Ie I L A ,f p C 1 Of 9 NA4101 � Y I ' v o i ' •' �^ o , .fie r •vim ,.--..� �1� R f I � o 6 in _ A B E Rumpel Ln _ ! W %ti. ­71l N * es '' < 0 0 r, G l\ Feet �\ 0 750 11500 n W Amity Rd tt Enmity ftd Legend ( n d Existing Sewer ■ o Future Phase 1 Sewer • rulure Phase 2 Sewer Phase 1 Area Photo 2Area ood Dr Meridan Gay LNals m n 11 i l rl� to Die xwrery,eranpWitrie . ntmefresNaif*la la u2d airs infxmebnd or Cv at M"J* afie mi be hil for berbvecks +nnhuse, rb re phase sewer locsarro owge"reknd dnd South Meridian Utility Concept Plan -wbib rnodrrr:Malr This ril is "a "M dda ropnWifed by Ads GwMy. me cri my MM Writ be wr+a W and Annexation �nec<uretlns a Mwse d Mis n�D. Mops bearing a., dntleLna miry be phoieogkd bury 11yn+w.r, uwm myda+nrrttm rcpun vn wrllcgl �ram+sysn d�doGamU ��}•l (; I ()IAN . SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — H-2024 -5533 - Page 49 55663 .0027 . 17778634.5 EXHIBIT "E " TRANSITION PLAN Timber Creek Recycling "Engineering waste to its highest and best use " Date : December 3 , 2024 Phased Transition Plan for the Meridian Compost Site 7695 S . Locust Grove Rd Meridian , ID 83642 it i a SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024 - 5533 - Page 50 55663 .0027. 17778634.5 Phase Focus 2024 Timin % of total Cheese g WAS diverted Odor o Stop regularly receiving Cheese WAS Q1 Q2 Q3 Q4 # 1 on weekends at the Meridian site o Conduct experiments of Calcium Hydroxide, " lime " (Ca (OH ),) , addition to Cheese WAS at Meridian site. (Complete o Coordinate with Sorrento Lactalis on by procurement of equipment for addition December of " lime " to Cheese WAS at Sorrento 2024) plant Dust o Effective November 151 , no more 41 Concrete/Asphalt/Tile/Porcelain/ Brick accepted at the Meridian site Q1 Q2 Q3 Q4 o Continue regular dust control measures ( i . e. water truck) Volume Q1 Q2 Q3 Q4 o At least 25% of the inbound Cheese WAS diverted from the Meridian site Accountability o Present final Transition Plan to Q1 Q2 Q3 Q4 Meridian City Council o Begin drafting a Tier II Composting Facility " closure plan " for DEQ and CDH approval SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533 - Page 51 55663 ,002701777863405 Phase Focus 2025 Timin % of total Cheese g WAS diverted Odor o Pilot , full scale addition of " lime" to Q1 Q2 Q3 Q4 #2 inbound Cheese WAS at the Sorrento Cheese Plant (Q1 ) o Incorporate treated Cheese WAS into compost process at Meridian (Complete Site and monitor for effectiveness by (Q1 ) December o Ongoing coordination with Sorrento 2025) Lactalis for addition of " lime " o Fully implement " lime" addition to Cheese WAS as a odor control measure , so long as testing was successful (Q2) Dust o Final crushing of Concrete/Asphalt/Tile/Porcelain/ Brick at the Meridian Site (Q1 ) Q1 Q2 Q3 Q4 o Continue regular dust control measures ( i . e . , water truck) Volume o Complete engineering for additional Q1 Q2 Q3 Q4 ASP pad (1 of 2 ) at the Nampa site ( Q2) o Additional ASP pad ( 1 of 2 ) under construction at the Nampa site (Q3) 60% o Additional25% of inbound Cheese WAS diverted from the Meridian site ( Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Closure signage posted (Q2) o Complete a draft closure plan in coordination with CDH and DEQ SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024-5533 - Page 52 5566300027, 1777863405 Phase Focus 2026 Timing % of total Cheese WAS diverted Odor o Ongoing monitoring of Cheese WAS Q1 Q2 Q3 Q4 #3 odor control measures Dust ( Complete o Continue regular dust control by measures (i . e . , water truck) Q1 Q2 Q3 q4 December 2026) - — Volume o Complete engineering for additional ASP pad (2 of 2) (Q2 ) Q1 Q2 Q3 Q4 o Additional ASP pad (2 of 2) under construction at the Nampa site (Q3) 100% o 100% of the Cheese WAS diverted from the Meridian site ( Q4) Accountability o Quarterly inspections with Meridian Q1 Q2 Q3 Q4 City Code Enforcement o Finalize Tier II Composting Facility Closure Plan with IDEQ and CDH (Q4) Phase Focus 2027 Timing % of total Cheese WAS diverted Odor o No cheese WAS received at the Q1 Q2 #4 Meridian site Dust (Complete o Continue regular dust control 30bune measures ( i . e . , water truck) q1 Q2 2027) Volume o Sale or transfer of remaining inventory Q7 Q2 o Movement of compost/recycling materials and infrastructure off of the Meridian site Accountability o Quarterly inspection with Meridian City Code Q1 q2 Enforcement ( Q1 ) o Final site walk through with Meridian Code Enforcement ( Q2 ) o Final Tier II site close out with CDH and DEQ ( Q2 ) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024- 5533 - Page 53 55663 .0027 . 17778634.5 EXHIBIT F LIST OF RECYCLING MATERIALS • Grass • Leaves • Tree waste (limbs , branches, etc . ) • Stumps 0 Wood chips • Saw dust • Wood mulch • Christmas trees • Pine needles/cones • Mixed food waste , mainly bulk produce , some kitchen scraps (e . g. , egg shells , fruits and vegetables , seeds and cores , tea bags and coffee filters (no meat)) • Pumpkins • Corn Cobs 0 Bean mill organic waste • Cheese Whey WAS from Sorrento Cheese Plant • Garden/landscape waste (other natural materials typically derived from general landscape like bushes and plants) • Dirt 0 Sod • Sheetrock 0 Clean construction wood (plywood, dimensional lumber, etc . ) • Manure (chicken, llama, horse , cow) SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio , LLC — 1-1-2024-5533 - Page 54 55663 .0027 . 17778634 .5 • Compost and compost screenings • Dairy compost • Mushroom compost • Potato cake • Straw • Hay • Agricultural rejects (e . g. onions , potatoes , silage beets , corn, peppers , peas , beans , mint, etc . ) • Compostable plates , cups & utensils , paper • Paper leaf bags and small quantities of compostable paper and cardboard. SECOND MODIFIED DEVELOPMENT AGREEMENT — L & G Murgoitio, LLC — 1-1-2024- 5533 - Page 55 55663 .0027, ] 7778634.5 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Apex Zenith H-2024-0052) Between City of Meridian and DWT Investments LLC, SCS Investments LLC, SCSH Properties LLC, and Brighton Investments LLC for Property Generally Located in the Southeast Corner of Meridian Rd. and Lake Hazel Rd. ADA COUNTY RECORDER Trent Tripple 2025-010344 BOISE IDAHO Pgs=72 VICTORIA BAILEY 02/19/2025 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DWT Investments LLC, Owner/Developer 3. SCS Investments LLC, Owner/Developer 4. SCSH Properties LLC, Owner/Developer 5. Brighton Investments LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 18th day of February, 2025, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY,"whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642; and DWT Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642; and SCS Investments Inc, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and SCSH Properties LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and Brighton Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642,hereinafter collectively called "OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, and described in Exhibit"A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11- 5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the affected Ada County Assessor parcels S 1.40622301.4 and S 1406223153 from an existing development agreement recorded in Ada County as Instrument#2016-007072, and to incorporate said Ada County Assessor parcels into this Development Agreement, which generally describes how all the DEVELOPMENT AGREEMENT—APEX ZENITH H-2024-0052 Page I of 13 Property, including Ada County Assessor parcels S 1406223014 and S 1406223153, will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 28th of January, 2025, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the affected property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Instrument#2016-007072) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 2 of 13 3.2 OWNER/DEVELOPER: means and refers to and DWT Investments LLC, whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642; and SCS Investments Inc,whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and SCSH Properties LLC, whose address is 3240 W. Bavaria Street, Eagle, Idaho 83616; and Brighton Investments LLC,whose address is 2929 W. Navigator Dr Ste. 400, Meridian, Idaho 83642, the parties that own and are developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to those certain parcels of Property located in the County of Ada, City of Meridian as described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the concept plan included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. b. Residential uses shall comprise of 10% - 30% of the original 71.7 acres development area in the MU-R designation, with gross densities ranging from six (6)to forty(40)units/acre (of the residential area). c. Non-retail commercial uses shall comprise a minimum of 20% of the proposed C-G zoning to include the likes of employment, office, clean industry, or entertainment uses. d. Retail commercial uses shall comprise a maximum of 50% of the proposed C-G zoning unless the Owner/Developer meets the bonus requirements in the comprehensive plan. 1. A 2:1 bonus for land designated as a public use such as a library or school. 2. A 2:1 bonus for active and shared open space or passive recreation areas, such as a park, tot lot, or play field. This excludes the amenities required with residential development. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 3 of 13 3. A 6:1 bonus for plazas that are integrated into a retail project. Such plazas shall provide a focal point, seating areas, and some weather protection. e. New buildings on pad sites adjacent to single-family neighborhoods shall be limited to no more than a one-story disparity in building height. f. Transitions between different residential product types and dissimilar land uses shall include the use of alleys, roadway with landscaped parkways, or highly connected open spaces. g. For mixed-use developments, a minimum of 40% of the buildable frontage must be occupied by building facades or public space. The Owner/Developer shall either move the proposed anchor tenant building along Meridian Road frontage or provide a minimum of 40%building frontage with Phase 2. h. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. i. Phase 1 Requirements: 1. Construct the entirety of Aristocrat Drive and Prevail Avenue prior to the first Certificate of Occupancy. 2. Install landscape buffers as shown in Exhibit F: Landscape Buffer Exhibit of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B." 3. Phase 1 will be limited to three (3)building permits and shall include a property boundary adjustment to reconfigure the properties. 4. Access to S. Meridian Road and E. Lake Hazel Road shall be prohibited except at Aristocrat Drive and Prevail Avenue unless allowed by Idaho Transportation Department(ITD), Ada County Highway District(ACHD), and approved by City Council. The City Council approved the waiver for the additional access points. j. Prior to commencement of Phase 2, the Owner/Developer shall submit a development agreement modification and amend the concept plan with the following: 1. Include the following elements with Phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use designation and neighboring uses, a mix of three (3) different uses, and eight-foot parkways, and traffic calming such as on-street parking and bulb- outs. 2. Include the outparcel in the overall concept plan to ensure functional integration with the surrounding property. Development of the R-15 portion of the developments shall not be allowed until the property has been subdivided. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 4 of 13 3. In developments where multiple commercial and/or office buildings are proposed, the buildings shall be arranged to create some form of common, usable area, such as a plaza or green space. 4. The Owner/Developer shall subdivide the MHDR or R-15 portion of the site prior to development of this area. 5. The Owner/Developer shall provide the City with the executed STARS agreement with ITD. 6. Include the outparcel in the new concept plan. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 5 of 13 all matters of construction, validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 6 of 13 OWNER/DEVELOPER: DWT Investments LLC SCS Investments Inc SCSH Properties LLC 2929 W. Navigator Dr Ste. 400 3240 W. Bavaria Street 3240 W. Bavaria Street Meridian, Idaho 83642, Eagle, Idaho 83616 Eagle, Idaho 83616 Brighton Investments LLC 2929 W. Navigator Dr Ste. 400 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time,provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 7 of 13 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 8 of 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Co rat' n, an Idaho corporation, Manager By: Robert L. Phillips,President STATE OF IDAHO ) :ss. County of Ada) On this 7 day of February, 2025, before me, the Notary Public in and for said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of DWT Investments LLC, an Idaho limited liability company,who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i w-- Notary Public for4dalho SHARI VAUGHAN My Commission expires — COMMISSION#20181002 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 9 of 13 OWNER/DEVELOPER: SCS INVESTMENTS LLC an Idaho limited liability company By: A&A A.Hall,President STATE OF IDAHO ) : ss. County of Ada) On this day of February,2025,before me a Notary Public of said State,personally appeared Michael A. Hall,known or identified to me to be the President of SCS Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _,ft, ,g& �-A& _a,- —'awAWAN�-—-'M'- DONNA WILSON .- COMMISSION#67674 NOTARY PUBLIC 4� Notar Public for Idaho STATE OF IDAHO y My Commission expires f E DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 10 of 13 OWNER/DEVELOPER: SCSH Properties LLC an Idaho limited liability company By: SCS Management LLC Its: Manager // �/1"t 1A z_/zz_ By: Michael A.Hall,President STATE OF IDAHO) :ss. County of Ada) On this S day of February, 2025, before me, the Notary Public in and for said State, personally appeared Michael A. Hall,known or identified to me to be the President of SCS Management LLC, the Manager of SCSH Properties LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that he executed the within instrument on behalf of said corporation,and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON COMMISSION#67674 NOTARY PUBLIC NotaryPublic for Idaho AHO My Commission expires STATE OF ID DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 11 of 13 OWNER/DEVELOPER: BRIGHTON INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Its: Manager Z& By: Robert L. Phillips,President STATE OF IDAHO ) . ss. County of Ada ) On this 7 day of February, 2025, before me a Notary Public of said State,personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, an Idaho corporation, the Manager of Brighton Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARI VA UGHAN Notary Public for Idah COMMISSION#20181002 My Commission expires NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 06/01/2030 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 12 of 13 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-18-2025 Chris Johnson, City Clerk 2-18-2025 State of Idaho ) ss County of Ada ) On this 18th day of February, 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-APEX ZENITH H-2024-0052 Page 13 of 13 EXHIBIT A kin E N G I N E E R I N G September 19,2024 Project No.22-075 Legal Description for Apex Zenith Subdivision Development Agreement A parcel of land being a portion of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the West 1/4 corner of said Section 6, which bears S00°51'06"W a distance of 2,641.96 feet from an aluminum cap marking the northwest corner of said Section 6,thence following the southerly line of Government Lot 5 of said Section 6,S89°22'50"E a distance of 60.00 feet to a brass cap on the easterly right-of-way line of S. Meridian Rd. (Highway 69) and being the POINT OF BEGINNING. Thence leaving said southerly line and following said easterly right-of-way line, N04°35'02"E a distance of 370.51 feet to a 5/8-inch rebar; Thence leaving said easterly right-of-way line, N89°50'15"E a distance of 120.87 feet to a 1/2-inch rebar; Thence S00°51'06"W a distance of 50.00 feet to a 1/2-inch rebar; Thence N89°50'15"E a distance of 190.40 feet to a 1/2-inch rebar; Thence N00°51'06"E a distance of 150.00 feet to a 1/2-inch rebar; Thence S89°50'15"W a distance of 305.70 feet to a 5/8-inch rebar on the easterly right-of-way line of said S. Meridian Rd. (Highway 69); Thence following said easterly right-of-way line the following two (2) courses: 1. N00°57'25"W a distance of 940.55 feet to a brass cap; 2. N00'51'06"E a distance of 1,162.32 feet to a brass cap on the southerly right-of-way line of E. Lake Hazel Rd.; Thence leaving said easterly right-of-way line and following said southerly right-of-way line the following twenty (20) courses: 1. N45°34'27"E a distance of 11.31 feet to a 5/8-inch rebar; 2. S89°08'54"E a distance of 6.81 feet to a 5/8-inch rebar; 3. 9.23 feet along the arc of a curve to the left,said curve having a radius of 27.00 feet, a delta angle of 19°34'51",a chord bearing of N81°03'41"E and a chord distance of 9.18 feet to a 5/8- inch rebar; 4. N71°16'16"E a distance of 15.30 feet to a 5/8-inch rebar; 5. 4.32 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet,a delta angle of 19°01'32",a chord bearing of N80°47'02"E and a chord distance of 4.30 feet to a 5/8- inch rebar; 6. S89°42'12"E a distance of 227.26 feet to a 5/8-inch rebar; 7. S85°08'19"E a distance of 129.00 feet to a 5/8-inch rebar; 8. N89°09'03"E a distance of 129.64 feet to a 5/8-inch rebar; 9. S71°16'06"E a distance of 24.75 feet to a 5/8-inch rebar; 10. S89°42'12"E a distance of 109.61 feet to a 5/8-inch rebar; 11. N71°51'42"E a distance of 31.62 feet to a 5/8-inch rebar; 12. S89°42'12"E a distance of 408.44 feet to a 5/8-inch rebar; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 a kmengllp.com 13. 10.30 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet, a delta angle of 45°23'26", a chord bearing of S67000'29"E and a chord distance of 10.03 feet to a 5/8- inch rebar; 14. S44018'46"E a distance of 18.42 feet to a 5/8-inch rebar; 15. S89°42'12"E a distance of 113.49 feet to a 5/8-inch rebar; 16. N36°15159"E a distance of 27.94 feet to a 5/8-inch rebar; 17. 12.26 feet along the arc of a curve to the right,said curve having a radius of 13.00 feet,a delta angle of 54001'49", a chord bearing of N63°16'53"E and a chord distance of 11.81 feet to a 5/8- inch rebar; 18. S89°42'12"E a distance of 835.05 feet to a 5/8-inch rebar; 19. S87°38'07"E a distance of 180.12 feet to a 5/8-inch rebar; 20. S89042'12"E a distance of 87.69 feet to a 5/8-inch rebar; Thence leaving said southerly right-of-way line,S00°12'26"W a distance of 1,275.39 feet to the southerly line of Government Lot 3 (northerly line of the Southeast 1/4 of the Northwest 1/4 of said Section 6); Thence following said southerly line,S8902739"E a distance of 70.98 feet to a 5/8-inch rebar marking the southeast corner of said Government Lot 3 (northeast corner of said Southeast 1/4 of the Northwest 1/4); Thence leaving said southerly line and following the easterly line of said Southeast 1/4 of the Northwest 1/4,S00000'25"W a distance of 1,324.42 feet to a 5/8-inch rebar marking the Center 1/4 corner of said Section 6; Thence leaving said easterly line and following the southerly line of said Southeast 1/4 of the Northwest 1/4, N89°22'50"W a distance of 1,320.93 feet to a brass cap marking the southwest corner of said Southeast 1/4 of the Northwest 1/4(southeast corner of Government Lot 5 of said Section 6); Thence leaving said southerly line of said Southeast 1/4 of the Northwest 1/4 and following the southerly line of Government Lot 5, N89022'50"W a distance of 350.00 feet to a 5/8-inch rebar on the easterly right-of-way line of E.Aristocrat Dr.; Thence following said easterly right-of-way line, N00°37'10"E a distance of 60.50 feet to a 5/8-inch rebar on the northerly right-of-way line of said E.Aristocrat Dr.; Thence leaving said easterly right-of-way line and following said northerly right-of-way line the following four(4) courses: 1. N89°22'50"W a distance of 429.03 feet to a 5/8-inch rebar; 2. 123.19 feet along the arc of a curve to the left, said curve having a radius of 217.00 feet,a delta angle of 32°31'34",a chord bearing of 574c'21'24"W and a chord distance of 121.54 feet to a 5/8-inch rebar; 3. S58005'37"W a distance of 49.22 feet to a 5/8-inch rebar on the southerly line of said Government Lot 5; 4. Following said southerly line, N89022'50"W a distance of 211.45 feet to the POINT OF BEGINNING. Said parcel contains a total of 141.66 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. a 12459 V %f I OF L. BAD' Apex Zenith Subdivision 22-075 PAGE 2 1 408.4 835.0i !ram= �"�"=•�-'�� ��✓ Ih %;` �� `lt� SS -•.712rf sS9^A�'I 2'�c '. : J N rr� G � N � h _ c N 'l. R) � G ff IT N C N O Mf 305.70 r -' 1911.40 nR9"sfi'I$'c '3- O n89°22'�0"1�� nxy>?Zsu-„• y- 429.03 = n89°����0"«� n89°�3f50"%;? 211.45 350.00 1320.93 Title: Date:09-13-2024 Scale: 1 inch=400 feet File: km E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with C-G Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 6,which bears N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6,thence following the northerly line of said Northwest 1/4,S89°42'12"E a distance of 1,189.98 feet to the POINT OF BEGINNING. Thence following said northerly line,S89°42'12"E a distance of 1,234.21 feet; Thence leaving said northerly line,500°12'26"W a distance of 573.21 feet; Thence N89'42'12"W a distance of 1,189.45 feet; Thence S06°23'14"E a distance of 172.03 feet; Thence 58.33 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°41'02", a chord bearing of S03°02'43"E and a chord distance of 58.29 feet; Thence S00'17'48"W a distance of 636.61 feet; Thence 57.85 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S06°55'33"W a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet,a delta angle of 06°37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S00°17'48"W a distance of 980.08 feet to the southerly line of said Northwest 1/4; Thence following said southerly line, N89°22'50"W a distance of 56.03 feet to a brass cap marking the southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 6; Thence leaving said southerly line and following the westerly line of said East 1/2 of the Northwest 1/4 of Section 6, N00*26'49"E a distance of 2,648.65 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.19 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 16— a 12459 0 OF 1� •P L. BA1'Z'1` -Z-A- 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com E. Lake Hazel Rd. N 1/4 CORNER BASIS OF BEARING SEC. 6 N89'42'12"W 2490.51' S89'42'12"E . 1.189.98'—R/W R/�S89'42'12"E 1234.21'W 66.32' POINT OF POINT OF APN: A Portion of 51406212401 COMMENCEMENT (TIE) NW CORNER BEGINNING 514062126011 &51406244200 10 N SECTION 6 EXISTING RIGHT—OF—WAY Zohe: RUT a (WIDTH VARIES) Proposed: C-G b DWT Investments LLC AREA 19.19±AC N89'42'12"W 1189.45' Government 3 Government Lot 4 Lot 2 F '14"E ' Brighton 3 Properties LLC investments LLC } CD Government Lot 3 06 = N S00'17'48"W SE CORNER 636.61' GOV'T LOT 3 co p� `r REZONE BOUNDARY PARCEL v GOV'T LOT/ N C2 LINE SECTION LINE o S06'55'33"W Z 115.33' g Government Lot 5 C3 3 co SE 1/4 NW 1/4 W PARCEL o N I LINE cOUnplatted Q g SCSH Properties LLC 0 z o a W 1/4 CORNER In CENTER OF 3 SECTION 6 56.03' SECTION 6 R/W 1264.90' W N89'22'50"W 1670.93' o SW CORNER Unplatted Unplatted SE 1/4 NW 1/4 = W. Aristocrat Dr. Government Lot 6 3 0 500 1000 1500 0 ZPlan Scale: 1" =500' Z a N CURVE TABLE N Z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 0 N o C1 500.00' 58.33' 6'41'02" S03'02'43"E 58.29' C2 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' 0 r X C3 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' Z Z a E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x i PHONE(208)639-6939 Exhibit B kmengllp.com Annexation With C-G Zone C i DATE: September2024 a PROJECT: 22.075 SHEET: Apex Zenith Subdivision 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Sec. 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho a � � Ai 1�34.�1 s89°42'12"e N N (V M o ~ O W) O v. n89°42'12"w 1189.45 y 3 00 —. O M O � O 00 �: � o N C r,. ao 00 00 `7 O [� p o 04 C QI% O v: 11 Title: Annexation with C-G Zone Date:09-24-2024 Scale: 1 inch=400 feet File: Tract 1: 19.193 Acres: 836045 Sq Feet:Closure=n46.1645e 0.01 Feet: Precision=1/921905: Perimeter=7780 Feet 001=s89.4212e 1234.21 006=s00.1748w 636.61 011=n89.2250w 56.03 002=s00.1226w 573.21 °a° s033640,,,C'�57.82•3746 012=n00.2649e 2648.65 003=n89.4212w 1189.45 008=s06.5533w 115.33 004=s06.2314e 172.03 B�so3640w,Chdls7�82.3746 005:Rt,R=500.00,Delta=06.4102 Q1 Q—S00.1748w 980.08 Bn�s03.0243e,Ch�58.29 — km, E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with R-15 Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Southeast corner of said Southeast 1/4 of the Northwest 1/4(Center 1/4 corner),which bears S00°00'25"W a distance of 1,324.42 feet from a 5/8-inch rebar marking the Northeast corner of said Southeast 1/4 of the Northwest 1/4(Southeast corner of Government Lot 3), thence following the southerly line of said Southeast 1/4 of the Northwest 1/4, N89°22'50"W a distance of 1,264.90 feet; Thence leaving said southerly line, N00°17'48"E a distance of 980.08 feet; Thence 57.85 feet along the arc of a curve to the right,said curve having a radius of 500.00 feet,a delta angle of 06°37'46",a chord bearing of NO3°36'40"E, and a chord distance of 57.82 feet; Thence N06°55'33"E a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet, a delta angle of 06°37'46", a chord bearing of NO3°36'40"E,and a chord distance of 57.82 feet; Thence N00'17'48"E a distance of 636.61 feet; Thence 58.33 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet,a delta angle of 06°41'02",a chord bearing of NO3°02'43"W and a chord distance of 58.29 feet; Thence N06°23'14"W a distance of 172.03 feet; Thence S89°42'12"E a distance of 1,189.45 feet; Thence S00°12'26"W a distance of 758.18 feet to a 5/8-inch rebar on the southerly line of Government Lot 3; Thence following said southerly line,S89°27'39"E a distance of 70.98 feet to a 5/8-inch rebar marking the southeast corner of said Government Lot 3; Thence leaving said southerly line and following the easterly line of the Southeast 1/4 of the Northwest 1/4, S00°00'25"W a distance of 1,324.42 feet to the POINT OF BEGINNING. Said parcel contains a total of 58.52 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459,VA OF N L. 1B 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 kmengllp.com NE CORNER E. Lake Hazel Rd. GOV'T LOT 3 R/W R/W R/W R/W — /W — R/W O NW CORNER� � PARCEL 111 SECTION 6 I�-LINE o: DWT Investments LLC Government I Lot 3 S89'42'12"E 1189.45' I Government Government Lot 4 Lot 2 C3 SCSH Brighton � Properties LLC Investments LLC N bo a _ PARCEL N 0D LINE o r r cD Ln o SE CORNER ? GOV'T LOT 3 ro C2 I REZONE S89'27'39"E v M GOV'T LOT/ N06'55'33"E BOUNDARY 70.98' 2 SECTION LINE 115.33' C1 SCSH Properties LLC �CD Government Lot 5 I z_ m 3 00 SE 1/4 NW 1/4 M PARCEL '-� o LINE-``� APN: A Portion of 51406212401, �m Unplatted s S1406212601 &S1406244200 100 CV Zone: RUT o� Proposed: R-15 Area: 58.52±AC om POINT OF o U) BEGINNING W 1/4 CORNER z CENTER 1/4 SECTION 6 56.03' CORNER z R/W 1264.90' SECTION 6 0 9 N89'22'50"W 1320.93' SE CORNER Unplatted Unplatted 0 GOV'T LOT 5 X W. Aristocrat Dr. Government Lot 6 0 500 1000 1500 0 o Plan Scale: 1" = 500' N W C kN CURVE TABLE LINE TABLE if o CURVE RADIUS LENGTH DELTA CHORD BRG CHORD LINE BEARING DISTANCE z C1 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' L1 N06'23'14"W 172.03' Z o C2 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' a x Z C3 500.00' 58.33' 6'41'02" NO3'02'43"W 58.29' Z ki" E N G I N E E R I N G in 5725 NORTH DISCOVERY WAY W BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B kmengllp.com Annexation with R-15 Zone z DATE: September 2024 c PROJECT: 22-075 SHEET: Apex Zenith Subdivision a 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Section 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho r 118 9.4; s89'12'12" r i L x N N yj O � N _ V x 'l. ' , M o v v r I v.. N N o'* p N p M v x o v n89°?2'50"w 1264.90 Title: Rezone to R-15 Date:09-09-2024 Scale: i hich=400 feet File: Tract 1: 58.518 Acres: 2549052 Sq Feet:Closure=n67.2001NN,0.01 Feet: Precision=1/698564: Perimeter=6686 Feet 001=n89.2250«t 1264.90 006=n00.1748e 636.61 011=ss9.2739e 70.98 007:Lt R-500.0O.Delta-06.4IO2 012=s00.0025«�1324.42 002=n00.1748e 980.08 Bng=n03.0243w.Chd=Ss� 003:Rt,R=500.00.Dclta6.3746 008=n06.2314Nv 172.03 Bng-nO3.3640-,Chd-57.82 004=n06.5533e 115.33 009=s89.4212e 1189.45 005:LL R=500.00.Delt2=06.3746 010—SO0,1226,Ar 758.18 Bng—n03.3640e,Chd=57.82 k ARMY= AW E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Rezone From R-4 to C-G A parcel of land being a all of Government Lot 4 and a portion of Government Lot 5 of Section 6, Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at an aluminum cap marking the Northwest corner of said Section 6, which bears N89'42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the Northeast corner of Government Lot 3 of said Section 6,thence following the northerly line of said Government Lot 4, S89°42'12"E a distance of 1,189.98 feet to the northeast corner of said Government Lot 4; Thence leaving said northerly line and following the easterly line of said Government Lot 4,S00°26'49"W a distance of 1,326.15 feet to the southeast corner of said Government Lot 4(northeast corner of Government Lot 5); Thence leaving said easterly line of Government Lot 4 and following the easterly line of Government Lot 5,SOO°26'49"W a distance of 1,322.51 feet to a brass cap marking the southeast corner of said Government Lot 5; Thence leaving said easterly line and following the southerly line of said Government Lot 5, N89°22'50"W a distance of 350.00 feet to a 5/8-inch rebar; Thence leaving said southerly line, NOO°37'10"E a distance of 23.50 feet to the centerline of W. Aristocrat Dr.; Thence following said centerline the following two (2)courses: 1. N89°22'50"W a distance of 429.03 feet; 2. 93.01 feet along the arc of a curve to the left,said curve having a radius of 180.00 feet,a delta angle of 29'36'22", a chord bearing of S75°48'59"W, and a chord distance of 91.98 feet to the southerly line of said Government Lot 5; Thence leaving said centerline and following said southerly line, N89°22'50"W a distance of 340.69 feet to an aluminum cap marking the West 1/4 corner of said Section 6; Thence leaving said southerly line and following the westerly line of said Government Lot 5, N00°51'06"E a distance of 369.97 feet; Thence leaving said westerly line,S89°08'54"E a distance of 84.12 feet to a 5/8-inch rebar on the easterly right-of-way of Meridian Rd./State Highway 69; Thence leaving said easterly right-of-way, N89°50'15"E a distance of 120.87 feet to a 1/2-inch rebar; Thence S00`51'06"W a distance of 50.00 feet to a 1/2-inch rebar; Thence N89'50'15"E a distance of 190.40 feet to a 1/2-inch rebar; Thence NOD°51'06"E a distance of 150.00 feet to a 1/2-inch rebar; Thence S89'50'15"W a distance of 305.70 feet to a 5/8-inch rebar on said easterly right-of-way; Thence leaving said easterly right-of-way, N89`08'54"W a distance of 89.69 feet to the westerly line of said Government Lot 5; Thence following said westerly line, N00*51'06"E a distance of 850.91 feet to the northwest corner of said Government Lot 4(southwest corner of Government Lot 4); Thence leaving said westerly line of Government Lot 5 and following the westerly line of said Government Lot 4, N00°51'06"E a distance of 1,320.98 feet to the POINT OF BEGINNING. 5725 North Discovery Way• Boise, Idaho 83713 •208.639.6939 a kmengllp.com Said parcel contains a total of 71.44 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. �Gl S� 4 � a a12459� 0 '��' OF 14� L. Bt►ti'�' Rezone From R-4 to GG Apex Zenith Subdivision PAGE 2 E. Lake Hazel Rd. NE CORNER BASIS OF BEARING GOV'T LOT 3 N89'42'12"W 2490.51' POINT OFR/w-1189.98'V R/w R/w /w R/w 66.32' EGINNING�r— BEXISTING RIGHT—OF—WAY (TIE) NW CORNER 3 SECTION 6 (WIDTH VARIES) b SCSH I Brighton DWT Investments LLC M Properties LLC Investments LLC Government rn Government Lot 4 I Lot 2 o � rn m APN:S1406223153 & N S1406223014 o Government Lot 3 N 3 Zone: R-4 >- Proposed: C-G w AREA: 71.44±AC o SE CORNER GOV'T LOT 3 c o ru o z GOV'T LOT/ REZONE BOUNDARY SECTION LINE cL: _ an °' Government Lot 5 N "' SE 1/4 NW 1/4 0 00. SB9'50'15"W N 305.70' ¢ 0) Unplatted �3ED z N L N00'51'06"E o� V) LO-j x�i SCSH Properties LLC J W I- 369.97' L L4 o W 1/4 CORNER N89'22'50"W '`� SECTION 6 429.03' / SECTION CENTER OF 350.00' o C1 — — — — — N89'22'50"W NOD'37'10"E N89'22'50"W 1670.93' w 340.69' 23 5D' SE CORNER Unplatted Unplatted GOV'T LOT 5 W. Aristocrat Dr. Government Lot 6 0 0 500 1000 1500 LINE TABLE o Plan Scale: 1" = 500' LINE BEARING DISTANCE N N CURVE TABLE L1 S89'08'54"E 84.12' z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD L2 N89'50'15"E 120.87' 0 0 C1 180.00' 93.01' 29'36'22" S75-48'59"W 91.98' L3 S00'51'06"W 50.00' Z Z L4 N89'50'15"E 190.40' 0 X L5 N00'51'06"E 150.00' W Z zim ENGINEERING L6 N89'08'54"W 89.69' _m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 x PHONE(208)639-6939 Exhibit B > kmengllp.mm Rezone From R-4 to C-G v=, DATE: September 2024 PROJECT: 22-075 SHEET: Apex Zenith Subdivision 1 OF 1 Gov. Lot 4&a Portion of Gov. Lot 5 of Section 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho 1189.98 s 89°42'12"e 3 o, o CI4 W) N C M - C v O o 00 O O G1 � t7' � N o M O 16 s89'50'15"w• 305.70 10 11= U 13 � o 0 0 M p n89°222'50"w L n89°22'S0"w ,n89'22'50"w 340.69 429.03 350.00 Title: Rezone from R-4 to C-G Date: 09-24-2024 Scale: 1 inch=500 feet File: Tract 1: 71.441 Acres: 3111949 Sq Feet:Closure=n26.2846e 0.01 Feet: Precision>1/999999: Perimeter=8608 Feet 00 1=s89.4212e 1189.98 008=n89.2250w 340.69 015=s89.5015w 305.70 002=s00.2649w 1326.15 009=n00.5106e 369.97 016=n89.0854w 89.69 003=s00.2649w 1322.51 010=s89.0854e 84.12 017=n00.5106e 850.91 004=n89.2250w 350.00 011=n89.5015e 120.87 018=n00.5106e 1320.98 005=n00.3710e 23.50 012=s00.5106w 50.00 006=n89.2250w 429.03 013=n89.5015e 190.40 007:Lt,R=180.00,Delta=29.3622 014=n00.5106e 150.00 Bag=s75.4859w,Chd=91.98 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for the requests to rezone 71.7-acres from R-4 to C-G,annex 77.71- acres with C-G and R-15 zoning districts, and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq.ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre)uses. ,by Brighton Corporation. Case No(s).H-2024-0052 For the City Council Hearing Date of: January 14th,2025 (Findings on January 28th, 2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 14"', 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 14th, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 28th,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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 14ti',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 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 Rezone,Annexation, and a Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 14',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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 14',2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -2- 28th January By action of the City Council at its regular meeting held on the day of 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED AYF COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. im' on 1-25-2025 Attest: p � SF,AL Chris Joh on 1- ,_ 025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 1-25-2025 By: Ch",Vhcl) Dated: City Clerk's Office I- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -3- COMMUNITY DEVELOPMENT WE DEPARTMENT REPORT REPORT HEARING 1/14/2025 �~ Legend DATE: �' = Project Location TO: Mayor&City Council :: Area of Impact _= City Limits -- FROM: Bill Parsons,Current Planning a Analysis ~, Supervisor 1 208-884-5533 1 bparsons@meridiancity.org APPLICANT: Amanda McNutt, Brighton Corporation `5 SUBJECT: H-2024-0052 1 Apex Zenith + ------ LOCATION: Generally located at the southeast corner of Meridian Road and Lake Hazel in the east 'h of the northwest '/4 of Section 6, - T.2N.,R.1 E. 1' PROJECT OVERVIEW A. Summary The applicant requests to rezone 71.7-acres from R-4 to C-G, annex 77.71-acres with C-G and R- 15 zoning districts,and a development agreement modification to develop the subject property with a mixed-use development consisting of approximately 446,000 sq. ft. of commercial, 100,000 sq. ft. of office/employment and residential(8 to 15 d.u./acre) uses. B. Issues/Waivers 1. The applicant is requesting City Council waiver for two accesses (one 1/4 public street access and RIRO driveway)to Meridian Road and a right-in/right-out driveway to Lake Hazel Road in accord with UDC 11-3A-3 and subject to ACHD and ITD approval. ITD has provided comments with approval of three(3) access points to Meridian Road. However, if Council grants the waiver,the 1/4 should be restricted RIRO only and not 3/4 movement as proposed. The phasing of the proposed accesses is provided below. If these accesses are not approved as requested, a new concept plan should be required with their removal. Additionally, the applicant has been coordinating with ITD on a STARS agreement to address transportation improvements along SH-69 and accesses along its frontage.In 1998,ITD granted the applicant three deeded accesses between Lake Hazel and Aristocrat.ITD has noted that it will allow full access at Aristocrat,restricted access at the 1/4 Mile (Spire) and restricted access at the 1/8 Mile. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024, both the 1/4 Mile Collector FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -4- (Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved, and constructed. 2. The applicant is seeking the ability to obtain three(3) building permits with the first phase of development. The applicant intends to reconfigure the property with a future property boundary adjustment application to facilitate the construction on these parcels until the remainder of the property is subdivided with phase two (2). Although staff is amenable to this approach, a master concept plan for the overall development is necessary to ensure compliance with the Plan and justify the"float" of the Mixed-use Regional designation across the Lake Hazel frontage. The applicant recognizes the importance of these details however,they intend to provide many of them with phase two (2)to be memorialized with a future amendment to the development agreement. The Commission and Council should be aware that this approach may result in a fragmented and uncoordinated design and lack key elements including functional and physical integration,shared design features, and purposeful open spaces. Staff is recommending many of these items be addressed in the new DA as noted below. The Commission and Council should carefully evaluate whether deferring critical details to phase two is justifiable without a more comprehensive framework for the development. C. Recommendation Staff: Approval with a new Development Agreement(DA). Commission: Approval D. Decision Council: II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Agriculture - Proposed Land Use(s) Commercial and Residential - Existing Zoning R-4 and RUT in Ada County VILA.2 Proposed Zoning C-G and R-15 Adopted FLUM Designation Mixed Regional and Medium-High Density VILA.3 Residential Table 2: Process Facts Description Details Preapplication Meeting date 8/20/2024 Neighborhood Meeting 9/19/2024 Site posting date 12/9/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District IV.D • Comments Received Yes - FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -5- • Commission Action No - Required • Access Access is proposed off Aristocrat Dive and Prevail - Avenue, both collector roadways.Additionally,the applicant is requesting a local street access with % movements and a RIRO driveway off Meridian Road and a RIRO driveway off Lake Hazel Road. • Traffic Level of Service SH-69 (Meridian Road): ACHD does not set a - threshold for State Highways. Lake Hazel Road: Better than E ITD Comments Received Yes; ITD is going to approve three (3) access points to IV.E State Highway 69 (Meridian Road).This includes Aristocrat Drive (Full signalized access), Spire Street (Right In/Right Out), and a private drive aisle (Right In/Right Out). Meridian Public Works IV.B Wastewater • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions Meridian Public Works Water IV.B • Distance to Mainline Partly constructed at the site but looping is required throughout the developments. • Impacts or Concerns Yes, see conditions School District(s) West Ada School District • Capacity of Schools Mary McPherson Elementary: 550 Program Capacity - Victory Middle School: 1000 Architectural Capacity Mountain View High School: 2175 Architectural Capacity • Number of Students Mary McPherson Elementary: 484 Students - Enrolled Victory Middle School: 1056 Students Mountain View High School: 2537 Students Note: See section IV. City/Agency Comments & Conditions for comments received or see the public record at this link. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -6- Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1406223014 Date Retrieved:2024/10/8 Parcel Count Parcel Acreage Infill Indicator: 220 561 Surrounding Area 34% Not city 354 City Limits ❑ Not City 1 n7S Household Change Household &Population Growth Households � O 2020 Population Chanqe: 88.2% Population ■Growth (Household and Population Change since 2010 Decennial) 500 1,000 1,500 2,000 Use Types Residential Addresses All Addresses Single-family 811 ® Multi-familv1W i o ❑ Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I I Proposed Pending Pending Approved Approved 1 2000 4000 6000 0 0.5 1 Single-family Acres ® Multi-familv Acres FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -7- Figure 2: ACHD Summary Metrics E. Lake Hazel Road Existing Lanes © Planned Lanes Existing Level of Service Notable ACHD Comments V/' Q (Primary roadway impact} Programmed IFYP Programmed CIP © S. Meridian Rd Existing Lanes © Planned Lanes m Existing Level of Service _W Notable . Comments Q (Primary roadway impact} Programmed IFYP jQ Programmed CIP *E. Lake Hazel Road has been widened by the applicant to 5 lanes from S.Meridian Road to S. Apex Avenue. The level of service listed above is for the existing 2-1ane road. Traffic counts are from June 2018. Figure 4: Service Impact Summary ImpactService . . Ready Q O O O Marginal O O O O Caution O O O o�ye e� �ooa � o\\oe, �aAy a��� :�`o� �a\� p�`Je �a\� � �' comma �o lll. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The proposed development spans 149.41 acres across five parcels,with the western half designated as Mixed-Use Regional(MU-R)and the eastern half as Medium-High Density Residential(MHDR)on the Future Land Use Map(FLUM). The area proposed for rezoning falls within the MU-R designation,which promotes a balanced integration of employment,retail,residential, and public uses,particularly near major arterial intersections. This designation aims to create diverse and connected communities where residents can live,work, and shop locally. The area being annexed is designated as Medium-High Density Residential. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and project identity. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -8- The applicants'concept plan is consistent with the Mixed-Use Regional and Medium-High Density Residential FLUM designations. However,the applicant is requesting the northern portion of the MHDR spanning across the Rawson Canal(approximately 11 acres)be zoned C-G. This would float the MU-R FLUM designation into the MHDR designation. The comprehensive plan supports the float of C-G zoning into the area designated as MHDR with the inclusion of the following elements: Plazas between commercial and residential including a main focal point, active and shared open space within the mixed-use designation and neighboring uses,a mix of three (3)different uses, and 8-foot parkways with on-street parking. The applicant has not provided these details with this application; however,these elements will be a provision in the Development Agreement. Staff is supportive of the float because it will add a critical third use to the development in the form of employment,however,the applicant will be held to the inclusion of the elements listed above. The Planning and Zoning Commission and City Council should evaluate the float and project to determine if other design elements should be incorporated in the overall development. The subject development is proposed to be completed in two phases. The first phase is going to include three buildings on the northwestern portion of the site. The applicant has provided a concept plan for phase one indicating where the three buildings are located. Staff has determined that details for development of phase two will be required through a development agreement modification. Phase one will be restricted to three building permits before a development agreement modification with additional details will be triggered. Below staff has compiled a development consistency matrix how and when compliance is to occur with development of the property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -9- Figure 4: Development Consistency Matrix UDC, Comp Plan, or ASM Compliance Phase Standard Residential uses are expected to The applicant is proposing future 2 comprise between 10% and 30% residential in the C-G zoned area. of the development area,with However,the details have not been gross densities ranging from 6 to provided. Staff will restrict the 40 units/acre. residential uses to 10%—30%of the original 71.7 acres in the MU-R designation. The additional 11 acres included in the float along E. Lake Hazel will not be included in the calculation for residential. This will be evaluated with the future development agreement modification in phase two. The minimum for non-retail The applicant is proposing three(3) 1 and 2 commercial uses such as light- different uses in the form of office,office, clean industry, or commercial(retail), entertainment uses, is 20%of the office/employment,and residential. mixed-use area. While the percentage of non-retail is not specified the applicant has indicated they intend to construct approximately 100,000 square feet of office/employment. This will be evaluated with the future development agreement modification in phase two. Retail commercial uses should The applicant is proposing three(3) 1 and 2 comprise a maximum of 50%of the development area. different uses in the form of commercial(retail), office/employment,and residential. While the percentage of retail is not specified the applicant has indicated they intend to construct approximately 446,000 square feet of commercial/retail. This will be evaluated with the future development agreement modification in phase two. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 10- For mixed-use developments, at The current concept plan shows no 1 least 40%of the buildable building frontage along Meridian frontage must be occupied by Road. To satisfy the 40% building facades or public space. requirement for phase one,the applicant should relocate the building to the Meridian Road frontage.After discussing with the applicant,they would like to defer the building frontage to phase two. This would require approximately 2,017 feet of building frontage along State Highway 69 and E. Lake Hazel Road when excluding the anchor tenant's frontage. This will be a requirement in the development agreement. No more than 50%of the total In compliance with this standard. 1 and 2 off-street parking area for Future development will be properties over two acres can be evaluated with the development located between building facades agreement modification in phase and abutting streets. two. Mixed use projects are to be The applicant is requesting to delay 2 developed with an overall master a master concept plan to phase two, or conceptual plan for the larger after the anchor user has been mixed-use area. established. Staff has concerns about this approach as it can be difficult to achieve key design elements with future applications. The applicant should discuss with the Commission and Council how the design elements will be met. Mixed use areas must include at In compliance with this standard. 1 and 2 least three land use types within a The applicant is proposing three(3) designation. different uses in the form of commercial(retail), office/employment,and residential. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 11 - Functional Integration: The applicant has not provided 2 Developments must show that details on phase 2 of the even undeveloped parts of the development. Staff has concerns area can be functionally about this approach as getting the integrated, either immediately or mixed-use components is vital to conceptually. The project should the approval of this application. The prove that all planned applicant should inform the components can work together Commission and Council how these cohesively. Local connectivity is design elements will be met. required to limit local trip impacts to the regional network, both for traditional single-family homes and in mixed-use areas. Purposeful Open Space: Open Details of open space have not been 2 spaces should not be incidental provided. Staff has provided DA but purposefully designed to provisions requiring this with the enhance connectivity and future development agreement functional integration. They modification. The applicant should should serve as common areas inform the Commission and that bring people together and Council how these design elements provide opportunities for will be met. interaction. Open space and amenities To be analyzed with phase two. 2 Access The applicant is requesting a 1 council waiver for three (3)access points,two(2)to Meridian Road, and 1 to Lake Hazel Road. Road Network/Timing The applicant is proposing to 1 complete all public road improvements with phase 1 of the development. The completion of Prevail, Spire,and Aristocrat will be completed prior to the first C of O within the development. Additionally,the applicant has been coordinating with ITD on a STARS agreement for SH-69 and adjacent roads. The specific road improvements spelled out in the STARS agreement will occur with Phase 2,if not sooner. Staff is recommending a DA provision requiring an executed agreement prior to developing phase 2. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 12- Density of Residential Portion While the applicant does not have a 2 master concept plan for the entire area,they have provided details about the density of residential that will be in this development. The C- G residential will be between 6-40 units per acre and the R-15 residential will be 8-15 units per acre. Table 4: Project Overview Description Details History H-2015-0019 AZ; DA Inst#2016-007072 Phasing Plan 2 Phases Residential Units TBD with phase 2. However,the applicant intends to development with the parameters allowed in the Comprehensive Plan—8-15 in the MHDR area and 6-40 in the MU-R area. Open Space To be determined with the future Development Agreement Modification Amenities To be determined with the future Development Agreement Modification Physical Features Rawson Canal Acreage 149.41 Acres Lots 5 lots Density R-15 Zone: 8-15 Units/Acre C-G Zone; 6-40 Units/Acre B. History The two parcels fronting S.Meridian Road(S 1406223014 and S 1406223153)were annexed in 2015 with the South Meridian Annexation. These properties were given the placeholder zoning of R-4 until future development. Due to these properties being in the Mixed Use Regional,the request for a rezone to C-G is consistent with the comprehensive plan. Additionally,the three properties on the eastern portion of the development(S 1406212601, S 1406212401, and S 1406244200) are still in Ada County with RUT zoning. During the South Meridian Annexation an outparcel was created(S 140623 3 902) and it is not being included in this application. However,this project is required to show how the development will include the out parcel with phase two(2) as it will be redeveloped in the future. Development must comply with the Functional Integration principles for development in all Mixed-Use areas. • Residential uses are expected to comprise between 10%and 30%of the development area,with gross densities ranging from 6 to 40 units/acre(of the residential area). However, staff is limiting this percentage to span across the original 71.7 acres and does not include the approximately 11 acres included in the float along E. Lake Hazel. • The minimum for non-retail commercial uses such as light-office, office,clean industry, or entertainment uses, is 20% of the mixed-use area. • Retail commercial uses should comprise a maximum of 50%of the development area. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 13- C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There are no existing structures included in this application. 2. Proposed Use Analysis (UDC 11-2): Comprehensive Plan policy 3.06.02B encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability. The applicant has submitted a concept plan with phase one consisting of commercial retail and medical offices/professional services. Phase two consists of commercial and residential that will be required to go through a development agreement modification prior to development. The applicant has provided little detail in the concept plan for the future phases. Staff has concerns with this approach as many key elements of mixed-use developments are not being presented at this time. However, staff has provided an avenue forward for the applicant with provisions in the development agreement requiring elements with phase two. Additionally,the applicant will be capped at 50%retail and 10% - 30%residential in the C-G portion of the site unless other features are represented allowing for bonuses to either retail or residential. The concept plan also provides some insight into the future development of the MHDR portion of the property that will be zoned R-15. Per UDC 11-2A-7,R-15 is considered Medium High Density. Per the Meridian Comprehensive Plan,this designation allows for a mix of dwelling types including townhouses,condominiums,and apartments. Residential gross densities should range from eight to fifteen dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high-quality architectural design and materials and thoughtful site design to ensure the quality of place and should also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and project identity. The applicant is proposing 8-15 units per acre when this portion of phase two (2)develops. Connectivity between the residential and commercial will be evaluated with the development agreement modification for phase two(2). Key elements such as plazas between commercial and residential,active and shared open space, a mix of three(3)different uses, and 8-foot parkways with on-street parking will be required with phase two (2). Additionally,the applicant will be required to subdivide this portion of the site for redevelopment purposes. 3. Dimensional Standards (UDC 11-2): Comprehensive Plan policy 3.07.0 encourages compatible uses and site design to minimize conflicts and maximize use of land. Comprehensive Plan policy 3.07.01A requires all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices. The development shall comply with the dimensional standards for the C-G and R-15 zoning districts as listed in UDC Tables 11-2A-3 and 11-2B-3. These will be evaluated with future applications. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 14- D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19) Based on the concept plan,the applicant does not fully comply with the standards outlined in UDC 11-3A-19. While they meet the requirement that no more than 50%of the total off- street parking area for properties over two acres can be located between building facades and abutting streets,they do not meet the building frontage requirements due to the proposed building location. For mixed-use developments, at least 40% of the buildable frontage must be occupied by building facades or public space. The current concept plan shows no building frontage along Meridian Road. To satisfy the 40%requirement for phase one(1),the applicant should relocate the building to the Meridian Road frontage. Staff recommends sliding the building to the west and positioning it along this road. However, after discussing with the applicant,they would like to defer the 40%building frontage to phase two(2)with the remainder of the entitlements. Staff has estimated the frontage along Meridian Road is approximately 2,642 feet and the frontage along E. Lake Hazel Road is 2,400 feet. The anchor tenant consumes approximately 700 feet of the frontage along Meridian Road. This leaves roughly 4,342 feet of frontage along Meridian and Lake Hazel Roads with 2,017 feet being required to be occupied by building frontages to meet the 40%requirement. This will be a requirement in the development agreement and will be a key element for the design of phase two(2). 2. Qualified Open Space &Amenities (Comp Plan, UDC 11-3G): Qualified open space and amenities will be determined with the future development agreement modification. However,based on the standards in UDC Table 11-3G-3 and 11-3G- 4, a minimum of 15% of qualified open space is required to be provided within the development and a minimum of one(1)amenity point shall be provided for every 5 acres of gross land area. Additionally, staff will require purposeful open space between the residential and commercial areas to create an area for integration and interaction. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets The landscaping will be evaluated with the submittal of the certificate of zoning compliance.However,the applicant is required to install a 35-foot landscape buffer along S. Meridian Road(Entryway Corridor), a 25-foot landscape buffer along E. Lake Hazel Road(Arterial Road),a 20-foot landscape buffer along Aristocrat Drive(Collector Road), and a 20-foot landscape buffer along Prevail Avenue(Collector Road) in compliance with UDC 11-3B-7. Staff is recommending these improvements be included with Phase one(1)of the development. While the applicant is not creating a formal subdivision at this time, staff believes installing all landscape buffers fronting Meridian Road,E. Lake Hazel Road, Prevail Avenue, and Aristocrat Drive will be important for compliance with the Comprehensive Plan. Policy 3.07.01 C requires appropriate landscaping,buffers, and noise mitigation with new developments along transportation corridors. The landscape buffers will be installed with the inclusion of the 10-foot multi-use pathways along the arterial and collector streets. ii. Parking lot landscaping FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 15- Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The requirements include 5 ft.perimeter adjacent to streets and islands of at least 50 sq. ft. per every 12 parking spaces. These requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses Where commercial abuts residential,the applicant will be required to comply with UDC 11-3B-9.Additionally,the comprehensive plan speaks to plazas and open space providing integration in mixed-use areas. The use of plazas and common open space will be evaluated with the development agreement modification for phase two (2). iv. Tree preservation Per UDC 11-3B-10,the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred(100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5)four-inch caliper trees, or seven(7)three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. 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 S. Meridian Road or E. Lake Hazel Road. vi. Pathway landscaping Pathway landscaping is required to comply with UDC 11-3B-12. A minimum of 5 feet of landscaping shall be provided on both sides of the proposed pathways as shown in Section V. These requirements will be analyzed with the Certificate of Zoning Compliance. 4. Parking (UDC 11-3Q: i. Residential parking analysis Future residential will be developed in phase two (2)will be required to comply with the residential parking standards listed in UDC Table 11-3C-6. ii. Nonresidential parking analysis Non-residential parking will be evaluated with the submittal of the certificate of zoning compliance. The parking shall comply with UDC 11-3C-6. iii. Bicycle parking analysis One bicycle parking space shall be provided for every 25 proposed vehicle parking spaces. This will be evaluated with the submittal of certificate of zoning compliance and design review. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 16- 5. Building Elevations (Comp Plan,Architectural Standards Manual): The applicant did not provide any building elevations.However,the building elevations shall comply with the Architectural Standards Manual,UDC, and Comprehensive Plan. This will be evaluated with the submittal of a certificate of zoning compliance and design review applications. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11- 3A-7. 7. Parkways (Comp Plan, UDC 11-3A-17): 8-foot parkways will be an important element to transition between the office/employment and future MHDR development. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B of the comprehensive plan emphasizes reducing access points to arterial streets by promoting cross-access agreements, access management, and the use of frontage and backage roads to improve connectivity between local and collector streets. Similarly, UDC 11-3A-3 calls for consolidating or limiting access points on collectors and arterial streets to ensure safer entry for motorists. UDC 11-3H-4 further restricts new access to State Highway 69 when usage intensity increases,limiting access points to section line roads and half-mile intervals. The applicant has provided a backage road in the form of a commercial collector(Prevail Avenue)running parallel to State Highway 69(Meridian Road)and connecting to E. Lake Hazel at the quarter-mile section.Additionally,the applicant is extending the commercial collector(E.Aristocrat Drive) along the southern portion of the site to provide mid-mile access off State Highway 69. These access points are supported by staff as they are reflected on the Master Street Map. Additionally,the applicant has proposed two restricted access points between E. Aristocrat Drive(half-mile access)and E. Lake Hazel Road(section line road) along State Highway 69, which does not align with UDC 11-3H-4. Staff is not supportive of these access points as Meridian Road is a mobility corridor and limiting access is essential to continue the flow of traffic. Staff has provided an image(See below) of the intersection at Eagle Road and Fairview Avenue to show an example of what the intersection of State Highway 69 and Lake Hazel Road may look like in the future. This intersection is an example of why staff and the UDC limit access points because it can create congestion, affect the flow of traffic, and create conflict points. Staff is not supportive of the proposed accesses to Meridian Road,except at the%mile consistent with UDC 11-311-4. However, ITD has approved three(3)access points to Meridian Road. These access points include Aristocrat Drive at the '/2 mile mark(Full signalized access), Spire Street at the '/4 mile mark(Right In/Right Out), and a private drive aisle at the 1/8t'mile mark(Right In/Right Out). With the support from the Idaho Transportation Department(ITD),the City Council may grant a waiver for these additional access points on State Highway 69. Additionally,the applicant has been coordinating with ITD on a STARs agreement to address transportation improvements along SH-69 and accesses along its frontage. Staff FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 17- is supportive of this approach and is recommending the applicant enter into a STARS agreement with ITD prior to commencing with development of phase 2. The applicant has also entered into and completed a Cooperative Development Agreement with ACHD to fully build Lake Hazel to five(5)lanes.With the construction in 2024,both the 1/4 Mile Collector(Prevail) and 1/8 Mile right-in/right-out driveway to Lake Hazel were designed, approved,and constructed. The applicant is seeking City Council waiver for the additional access point to E. Lake Hazel Road. Staff does not support the RIRO access to Lake Hazel in accord with UDC 11-3A-3. In addition to the standards listed above,UDC 11-3H-3D discusses noise abatement along State Highway 69. While the applicant has not provided details on the southern portion of the site abutting State Highway 69, if any residential or other sensitive uses abuts the highway noise abatement will be require in compliance with UDC 11-3H-3D. The Rawson Canal intersects the northeast portion of the site which will make access to triangular piece fronting on E. Lake Hazel Road difficult.With the development agreement modification,the applicant shall provide details as to how access to this portion of the site will be achieved. 2. Multiuse Pathways,Pathways, and Sidewalks (UDC 11-3A-5, as-3A-8, I1-3A-8): Comprehensive Plan policy 3.07.02A mandates the creation of pedestrian circulation plans to guarantee safety and convenient access within large commercial and mixed-use developments,while policy 4.04.01A emphasizes that new developments and subdivisions must connect to the pathway system. Together,these policies ensure that all new projects prioritize safe pedestrian access and integrate seamlessly with existing pathways. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8. Pedestrian connectivity is crucial in mixed-use developments to encourage walkability. The absence of such connectivity in this proposal would force residents to walk along busy arterial roads to reach services and public spaces or depend on vehicles to access them Further UDC 11-313-9 requires pedestrian connections between residential and commercial areas. The applicant is proposing a 10-foot detached multi-use pathway along S.Meridian Road, E Lake Hazel Road, E. Aristocrat Drive, and Prevail Avenue. Additionally, 5 feet concrete sidewalks are proposed along Spire Street and private drive aisles in the northwest corner. Staff recommends adding 5 feet sidewalks along the portion of the site between the proposed medical offices and future MHDR residential. This will allow the applicant to meet the comp plan goals listed above. 3. Subdivision Regulations (UDC 11-6): Subdivision regulations will be evaluated with phase two of the development where a development agreement modification will be required.At the time of the development agreement modification,the applicant shall provide details on the residential portions of the development. Staff will analyze this for compliance with UDC 11-6. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 18- F. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): The Rawson Canal intersects the Northeast portion of the site. The applicant is proposing to leave the Rawson Canal open which will provide limited access to the triangular piece fronting E. Lake Hazel Road. Comprehensive Plan policy 4.05.01D requires improving and protecting creeks and other natural waterways throughout commercial, industrial, and residential areas. 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 3. 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. Drainage swales shall not be located in the street landscape buffers along S. Meridian Road and E. Lake Hazel Road. 4. 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. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. 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 and rezone. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) - 19- 1. Future development of this site shall be generally consistent with the concept plan included in Section VIII and the provisions contained herein. a. Residential uses shall comprise of 10% -30% of the original 71.7 acres development area in the MU-R designation, with gross densities ranging from 6 to 40 units/acre (of the residential area). b. Non-retail commercial uses shall comprise a minimum of 20% of the proposed C- G zoning to include the likes of employment, office, clean industry, or entertainment uses. c. Retail commercial uses shall comprise a maximum of 50% of the proposed C-G zoning unless the applicant meets the bonus requirements in the comprehensive plan. —2:1 Bonus for land designated as a public use such as library or school. —2:1 Bonus for active and shared open space or passive recreation areas, such as a park, tot-lot, or play-field. This excludes the amenities required with residential development. —6:1 Bonus for plazas that are integrated into a retail project. Such plazas shall provide a focal point, seating areas, and some weather protection. d. New buildings on pad sites adjacent to single-family neighborhoods shall be limited to no more than a 1-story disparity in building height. e. Transitions between different residential product types and dissimilar land uses shall include the use of alleys, roadways with landscaped parkways, or highly connected open spaces. f. For mixed-use developments, a minimum of 40% of the buildable frontage must be occupied by building facades or public space. The applicant shall either move the proposed anchor tenant building along Meridian Road frontage or provide a minimum of 40%building frontage with phase two. g. Any future development of the site must comply with the City of Meridian ordinances in effect at the time of the development. h. Phase 1 Requirements: - Construct the entirety of Aristocrat Drive and Prevail Avenue prior to the first Certificate of Occupancy. instail!andseape buffers along S. Mer-idian Read,E. Lake Haze!RE)ad,Ar-isfOefat - Install landscape buffers as shown in exhibit F. - Phase 1 will be limited to 3 building permits and shall include a property boundary adjustment to reconfigure the properties. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -20- - Access to S.Meridian Road and E. Lake Hazel shall be prohibited except at Aristocrat Drive and Prevail Avenue unless allowed by ITD,ACHD, and approved City Council. The City Council approved the waiver for the additional access points. i. Prior to commencement of Phase 2 the applicant shall submit a development agreement modification and amend the concept plan with the following: uses,inelude the following elemeffts with phase 2: Plazas between eenuner-cial and r-esidewial inelude a main feeal point, aetive and shared open space within and 8 foot parkways with o st eet par-k;.,g and bulb outs. - Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use desijanation and neighboring uses, a mix of three (3) different uses, and 8-foot parkways, and traffic calming such as on-street parking and bulb- outs. - Include the out parcel in the overall concept plan to ensure functional integration with the surrounding property. Development of the R-15 portion of the development shall not be allowed until the property has been subdivided. - In developments where multiple commercial and/or office buildings are proposed, the buildings shall be arranged to create some form of common, usable area, such as a plaza or green space. - The applicant shall subdivide the MHDR or R-15 portion of the site prior to development of this area. - The applicant shall provide the city with the executed STARS agreement with ITD. - Include the out parcel in the new concept plan. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -21 - B. Meridian Public Works wastewater Dlstance to Sewer Sewer main is partly been consmcted,however looping is re.r.l.i - 1 Servires through Developmentseitherth rough the North orth,Fa{t Sewer Shed Estimated Project See appllcation Sewer ERU's + YVRkF Declining aalance Project Corrsistent Ytss Witt)WW master Plan/Facility Plan Impactsfcanoerns + See Public Works Slte S Wic Conditions water • Distance to Water Water rnaln has partly been constructed.however looping is requlred Services through developments ei the r th rough the North or the East. % PrassureZwe Estimated Project see applitadinn Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Imp # ftignrrt Please see Condltlons NON-FLAT CONDITIONS PUBLIC WOW DEPARTMENT Site Specific Conditions of Approval I- Project will require lapping of the Water Main-'This ran either come from the CasL*r a second connection to We Plawl Rd north of the road, 2- 12"main should run parallel to S Meridian Rd through the development to meet to and through requiremews-The City will seek oppor urdiies to provide stubs ar at least eawments is Meridian Road to allow properties west of Meridian Rd to develop. 3- 12"main also requirk%d along thr 112 mile marker fume Meridian Rd 1p the Ent. 4. Ptoyidc to-and-through Water and Scwcr mains to the south and East when micvaril. 5. Enginccr to verify ifthcw is a well onsiw. If well is located on the site it must be abandoned per regulator, rcgttinrnents and proof ofabandonmeni must be provided to the City- Utilities will need to bu provided for review- 6- If a Wel I is located on rktc side it m usr be abatdoned per reguladory requirements mkd pfOaf of *kndonmum mu.5t be providL�d to the City. 7, Ensure no sewer wTviecs pass through infi1"lion trenches, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -22- 8_ Provide 29 Easements for mains,hydrwit latcrals and water services. Easements should extend up to the end of inaiathydrantlwaier racier and l0'beyond it. 5_ No permanent structures{trees,bushes,buildings,carports,trash receptacle walls, rencem, infiltration trenches,list poles, etc.)to be built within the utility easement. Gen"I Conditions of Approval I_ Applicam shall coordinate water and s,wer main size and routing with the Public WorN s Department- 2- Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and Wnicr m9ins to and thMugh this development_ Apphrsm may be eligible fur a reimbursement agm mcni For infmstructurc cnhancement per MCC 8-6-5. 3, The applicant shall providc casement(s)for all public watcrlsmer trains outside ofpublic right of way(include all water seM*es and hydrants)_ Sawervwater easement varies depending on sewer depth.Sewer 0-20 ft deep require a 30 ft easement.20-25 ft a 40 ft easement.and 25-30::u 45 easement. Ensure no permanent structures(trees.bushes.buildings,carports,trash receptacle wrillS,fEnCeS,infiltration LTennc�-$,light pnliS,ele.)are built within the utility L!IWMenl. Submit an executed cascmt:nt(on the farm availablc from Public:Wu&),a legal description prcparcd by an Idaho Licensed Professional Laud Surveyor,which must include the area ofthe casement (marked EXHIBIT A)and an 8liT'x l I"map with bearings and distances(marked EXHIBIT B) for review. Bath exhibits must be sealed,siglied and dated by a Professional land Survcvi r.VQ NOT RECORD- 4- The City of Meridit5n inquires that pressurized irriputirm systems be supplied by a ye round source of watt:r{UDC 1 1-3B-6),The applicani should be tuluiTcd to use any existing surtUc or well water for the primary source. IFa surface or well source is not available_a single-]Taint connection to the culinary water system shall be required_Ifa single-point Connection Is tnilized. dic developer will be responsible for duo payment ofasmsmenls for taro common areas prior tp prior to reftivirt��IeVdOPrnent PI an apPrmVal. 5. Any structures that are allowed to remain shall bC subjccl to evaluation and possible jrusignmcni Of street addressing w be in cornpliamcc With MCC, 6_ Al irrigation diubes_tarots,laterals,or drains,exclusive of natwTal waterways,intersecting, crossing or laying adjacent and contiguous to rho area being subdiwided shall be addressed per UDC 11-3A-5_ in performing such work,the applicant shall comply with Idaho Code 42-1207 dad arty Otherappliable luau nr raguNs on. 7, Any wells that wi I l not continue to bC mcd w trsi be properly abandoacd according 10 Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources_ The Developer's Engineer slial l provide a statement addressing whether there are any existing wells in the develapmenL and if so_brow they will€ominue to be used,or provide record of their db91d(1nment_ 8_ Any eaciStin,4 septic sywrms within this project shall be rani)-LW from service lxK City Ordina= Section 9-lit and 4 4$, Contact Central IRi50CL HC4101 for abandonment proccdures and inspections(208)375-5211. 9_ Al improvements relatod to public life,safety and health shall be oDmpleted prior to occopacy of the strumures. 10_ AppliCb L shall be rmquired to pdy Public W rks 4dvdopmm plats rrviuw,and construcli rut inspcctian fees,as determined during 1he Platt review pmccs&prior in the issuance of plan approval letter, 11_ It shall be the responsibility ofthe applicant to ensure that all development features caMtiply with the Americans wi(h Disabilities Act and true Fair Housing Act. 12_ Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Enf&ws_ 13. Dc icloper shall coordinate mailbox locations with the Meridian Past Office. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -23- 14_ Compwtion tesi results shall be submitted to[he Meridian Building Department for all building pads receiving engineered bwkfill_where footing wou]d si[a[ap Ell ma[orial_ I S_ The design engineer shal l he required ur certify that the street cenuKl ine elevations arc xat n minimum of 3-port above the highest csiablishcd peak groundwater cicvation. This is to cnKurc that the bottom elevation of the crawl spaces of hones is at least 1-foot above_ 1 b_ The Lipp]icants design engineer shall be responsible fer inspection of al l irrigation and/or drainage fa,ciliiy within this project dial do not Fall under the jurisdiction ofan irrigation district or AC'IID_ ' ,,&Sign en�InUM Nhall Ilr{}yidc cubiliicatiam that the f4ciliLics havr yeL-n inlit.lIcd in accordance with the approved design plans.This omifitation will be mquired before a ccrtiGerite of occupancy is issued for any structures within the pmjcct, 17_ At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Pleridian AutoCAD standards. These record drawings must be received mad approve[ prior to the issuance of a certification ofoccupancy for any structures within the project. I8_ A street lint plan will need t8 be included in the civil tpnstruction plans.Street light pig rcquircments arc listed in section 6-5 of the Improvement Standards for SiTcci Lighting.A copy of the stmndar4s cart b;found at htto,/1www.mcridianwily,2W vblir�wj rks.asRx'?id=z%. 19_ 'l'he City of Meridian requires that the owner post to the City a performance surety in the amount of 125%ofthe total construc[i0n cos[for all incomplete sewer,wa[er and reuse inftasiructLife prior to final plat signature_This surety will be verified by a line item tus[estimaie provided by the owner to the City_The surety can be pasted in the form of an irrevoeahle letter(if CrvdiL,rash deposit or bond. Applie;mt must file an application for surly.which can be found on th¢ Community Development Deparmeni wcbsite, please contact Land Dcvclopmcm Scn-iCC for more inkrmadon at 987-2211. 20_ The Ci[y of Meridian rewires ilia[[he owner post to[he City a warrawy surely in the wnounl of 2VIn of the total rnnsin c[ion cc51.t far all completed sewer,a-Ater And reuse infrusumoture rat duration]of twp ycars_This sureiy wiII he venfied by a line item Cost estimate provided by Lk owner to the City.The aunty can lac powd in the form of an irwyocabic idler of credit,cash deposit or bond.Apoicant must file mi application for Surety,whicb can be found on the Community Developuietat Depentueut websitc. Please contact Land Development Sevice for mare information at 987-221 1. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -24- C. West Ada School District(WASD) or Other District/School Exhibit A West Ada Schaal District STUDENT GENERATION RATES West Ada School District{WASD}uses a Student Generation Bate(SCR)m determine what impact future developmentwiII have on enrollments.The appl"ntdid not provide the number M either single family and/or multi family units proposed as part of their application. Therefore,staff had to calculate a rough estimate of student generation rates based on the applicant's concept plan,The calculations for these estimates are as follows; 1) 8-15 portion (Townhomes{Single Family},58.52 acres X 15 units an acre=878 single family units and 2)C•G Portion (Multi-Family), 11-4 acres H 15 units an aere=171 units-In total,there could be approx1mately 458 school-aged children.The proposed project Is within the followlrrg school boundaries,currently,and approval of the project may affect enrollments at these schools; Sehool Boundary Areas 23-ZW Enrullmeut Architedural Prwarn Capacity Capac" Mary McPherson Elementary 484 675 550 Victory Middle 1056 1000 Mountain View High 2537 217S SGR Total Units Towl Towl Development Area Zone anvil Multi w4le leultl Studlebetl Archlte&wal "ram Family Wmlkr Family Family 9tud�nks Capacity Capdtw Mary McPherson 0-49 0-16 878 171 458 675 550 Elementary Schaal "This Informatlon Is intended as a reference,rather than a derisive tool- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -25- D. Ada County Highway District(ACHD) NW la P-wrlrrg.N_.�_ft Mire Cdd,Yo4r=EWrft ]lm Haman Lamm xre rw A ACfM Wrt 4epk7Prarw.Uo=rw '0S#&MW-J P-r—w slr'�.Opn�+rrra-Irr Date: OMotler'29,2024 Tay Amanda Metdutl,via email Staff Contact:KaraLeigh Troyer,Planner Project Descrlptlon apex Zen Ith TripCreneration: TrlpgeneratipnwilIdedeterminedha5+eaon the iraffir impact SU,ady. DevelopmentProposed • tho Futurt with planned yes CgrT1rT rit 'n+a ta4les abo"IKt the rvstlrog car4lmm of the#wrrpyndll+g roadways witt+aut The proposed 6ewloomem as iNsoppticatian r far anrNmaten Vid r*:,Qr+rO y.With a Futuee Orvalopmfnt appccwtion,Ols sunwraryvrill be updaTied Tb roP,* t th*dovelnprmnt arid it9 impartL connecting your to mom ,+d7 Cm iry mqh"r fiuVT•TnS Adarrc 5[rca!-Caauan GV.1{3-BrM-PH 7M M7.6)M-FX 3aFf W.W•�knwid4lr,V"0q FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -26- E. Idaho Transportation Department(ITD) 54�yp Your Safety * Your Mobility IDAHO TRANSPORTATION OFPARTIIENT It P-n-SM 90" s ease,ID 917a7-2o29 Your Economic Opportunity �tas���a-a�aa • I�a.rdaho.�o, December 9,2024 Nick Napoli Rlanwr 33 E Broadway Ave,Suite 1112 Meridian,Idaho E3642 VIA EMAIL Re: Apex Zenith-ITD Updated CBmrAents Dear Nick. The Idaho Transportation Department(ITD)is in the process of completing our review of the Apex Zenith Traffic Impact Study.Although we are still in the review process rrD Can provide additions I coMments regarding t his developme ni: The applicant has three deeded actesses along the property frontage on SH-69- ITD will approve the following approaches and access types: 1- Aristocrat Drive-Fully signalized access 2- Spire St-Right-infRight-out 3- R ivate Drive Aisle-Right-in{Right-out ITD will continue Coordinating with the applicant,City of Meridian,and ACHD throughout theTIS review process.If you have any questions you may contact me at Kerndra.tondereitd.idlaho.govor 249-334-S377- Sincerely, / Kendra Can-der D3 Development Services Coordinatur V. Ida ho Transportatic n D eparcmen t FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the applicant's proposal to annex and rezone a total of 149.41 acres of land with the C-G and R-15 zoning is consistent with the Mixed Use Regional and Medium to High Density Residential FLUM designation for this property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -27- 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-G and R-15 and conceptual development plan generally complies with the purpose statement of the C-G and R-15 districts in that it will encourage commercial and residential uses that will integrate and interact with one another to provide an area where residents can live, work, and play. While deferring many of the necessary details for a mixed-use development is not the preferred route from the city, staff has provided a path forward for our Planning and Zoning Commission and City Council to decide whether deferring these details is appropriate. 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 for this development but acknowledges West Ada School District is at or over capacity for many of the schools in the area. No residential is proposed with Phase one of the development so the impact on schools will not be seen until phase two is developed. 5. The annexation(as applicable)is in the best interest of city. The Council finds the proposed annexation is in the best interest of the city. v1. ACTION A. Staff: Staff recommends approval of the proposed annexation and rezone with the requirement of a Development Agreement. B. Commission: The Meridian Planning &Zoning Commission heard these items on December 191h, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation, Rezone and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Jon Wardle b. In opposition: None c. Commenting None d. Written testimony: Amanda McNutt e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimony a. None 3. Key issue(s) of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. The Commission recommended the following changes to two DA Provisions: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -28- - H.2: "Install landscape buffers as shown in the exhibit F." - I.1: "Include the following elements with phase 2: Plazas between commercial and residential include a main focal point, active and shared open space within the mixed-use designation and neighboring uses, a mix of three (3) different uses, and 8- foot parkways with on-street parking and traffic calming such as bulb-outs." 5. Outstanding issue(s) for City Council: a. Consider the Commissions changes to staff s DA provisions. C. City Council: The Meridian City Council heard these items on January 14 ,2025. At the public hearing,the Council moved to approve the subject Annexation,Rezone, and Development Agreement Modification requests. 1. Summary of the City Council public hearing a. In favor: Jon Wardle b. In opposition: None C. Commenting 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. Julie Edwards: Concerns with site design, a mix of stoplights and roundabouts on Lake Hazel Road, and the idea of right-in-only_ s. 3. Key issue(s)of discussion by City Council: a. Traffic along SH-69 and E. Lake Hazel Road, lack of comprehensive details within the development plan,the timing of the development and when to expect future applications. and access points to the site. ^ 4. City Council change(s)to Commission recommendation: a. None FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -29- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Vll. Legend Project Location Area of Impact O Analysis g ■ s� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -30- 2. Zoning Map L Legend C3 Project Location R-4 R-2 TN-R Area of Impact 0 Analysis _ R-4 G-GlqRMAR, R-15 — 7I R-6 I f J RUT R-g AEMBI- A R-4 RR C1 3. Future Land Use Legend � Project Location e ;;;Area of Impact gAnalysis ensity r Residential MU-RG Fj. Med-High — - MU C Density Residential Medium Density Residential Low Density Residential FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -31 - 4. Planned Development Map w Legend + ® Project Location ; - ;;Area of Impact , m -� T` •� T==' City Limits — PlannedFarcels F 1 , Analysis i -�ItlttHJT � ' 09 1 _ F + 1 1 I 1 1 , 1 1 � t 1 - 1 I 1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith-H-2024-0052) -32- B. Subject Site Photos tld - 4 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -33- C. Service Accessibility Report Overall Score: 18 �7th Percentile Description F [■ Location In City Limits GREEN Extension Sewer Trunkshed mains 500-2,000 ft.from parcel YELLOW Floodplain Either not within the 100 yr floodplain Dr > 2 acres GREEN Emergency Services Fire Response time a 5 min. GREEN Emergency Services Police Meets response time goals some of the time YELLOW Pathways Within 1/4 mile of future pathways YELLOW Transit Not within 1/4 of current Or fLrture transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets YELLOW plan) > existing (# of lanes) & road IS in 5 yr work plar School Walking Proximity Not within 1 mile walking RED School arivability Not within 2 miles driving Of existing Or future school RED Either a Regional Park within 1 mile OR a Community R ParkWalkahility Park within 112 mile OR a Neighhorhood Park within GREEN 114 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -34- D. Concept Plan (date: 10/8/2024) LAKE AZEL RD MEDICAL I OFFIC REGIONAL C-G Zoning 100.000 S.F. COMMERCIAL C-0 Zoning P. MEDIUM-HIGH CI COMBINED BUILDING T CC LU A DENSITY.AREA;"6,000 S.F.S-F. LU Depicted internal > RESIDENTIAL 0 z streets—Spire, Prevail& SPIRE ST 1 Aristocrat—are public, subject to ACHD design BREAKDOWN LU standards and approval Big Box P Warehouse- R-IS Zoning 346,000 S.F. BREAKDOWNJ Density: 8­15 0.1p./ac. Units TBD in Future TED Appimations p DR ARFSTOCRAT I R) __ I 'X L-14ALE CaLECTM APEX ZENITH LAND USE CONCEPT OC70SER 2024-SUBJECT TOCHANGE FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -35- E. Phase 1 Plan(date: 4/4/2024) LAKE HAZEL Rld B1dg. g Parcel a oravE ous� ._.. Parcel T.LLI � k APEX ZENITH W Bldg. A "First *Step" Phasing Site Plan SPIRE OR -- Parcel I — Big Box Ian October 2024-Ganccptuat,Subject toChanga Parcel L — Medical i1g0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -36- T LAKE HAZEL. RD Ra access ' ACCESS WAIVER IVE ,SL! ■ CONSTRUCTION ---- q + PHASE W I W # public street s private drive aisl w SPIRE S r" SPIRE ST 7 --- _ CONSTRUCTION eFtln � ' 0 PHASE "B" a public street ` J I PROPOSED SIGNAL* _ us (intersections & signals depicted I - as proposed in the TIS scope ARISTOCRAT DR AIRISTOCRAT OR accepted by ITL] and ACHa) — _ FULL ry APEX ZENITH "'FIRST STEP" STREETS & DRIVE AISLES FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -37- F. Landscape Buffer Exhibit -.� fI ::::: ................................ .................. i I j � f II II I I - - �- I I I �•• Illl � I -------------- re_ III � � �� II I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -38- G. Eagle and Fairview Exhibit FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -39- 0 } a H. Annexation Legal Description& Exhibit Map for GG Portion �um SeptbnGer 211M FM[tW W.'22-M Irs�l�f i't nAh 5u6dwlsion FAh bit 4 srgat Cest.*1!l:h ftir Anr*AA1 nWHft"low A pir4;4?l mf land hplrg a pan if,n a the F.ial 11r i f--ir P1arIhwasl 114 of Section 5,Tosmship 2%Hh, rt;.nEF a Easi,33.M.,City or PAL raw,Ada cul:Ly,iddho tselq more panl"acly described as k wAs; Connor r dnp at an akNrrrLum cap ntarklre Me fFartlsfrest romef pF said Section L which hears NjrQ'l2"'A'.R04%M q of 4,44.53 NW from a"-Inch mbar markinji the North V4 corner oftaid $ectk m S,Viama followinEthenortherlylino aFsaldNorthwea[1jill,589r43'12"E a dima ceof 1,1138,9R feet tp tile Pa7 TOF®EGINK11101 Thence folip ing Fa1d nnrlher y Ina,9SWIVE a distancA 401,23411 feet; lhencvko"€aid ncrtncrly Zinc 504'12'2'1Y adataneeof 571.21feet; lisenss NEl9'42'12'W a di![ehoe of 1,789A5 feet; Thence 505'23'14"E a dhtante of 17223 fret, TFlence 5a 33 feet alone thearc of p rww to the FkSm.sald came hAviin a tadrus[sf 500.00 Fe'K a CLtha ingk 4t 4)5'4V C 2',a chard bearing of S03'02'#3"E a nd a dread Cl3talTe OF 58.29 reEt Thearte§OD`17'4g 1.'adistanceWEM.61leed: Ttenoe57.95Feetalong.thearcofatu+•etothe 11Msaid cuntN*garadlusofW-00 feel.adelta angle of C6'31ra$",a chord WartPg pf 50.3`34'11YW,and a chord clitutze of 57,92 fret; fFnm c 5%*9'33 W a d'ertance of 115.33 feet Thence 57.95 Pert alone Fhe art of a curve to the leh,sold curve hawr8 a rad4rs of 5pq,p4 teat a dielts angle of(W37'9r3',a dLprd Warlgg of$p9 3 G'4b Vd,and a chord dlslance of 57 82 feet; TfvnDF EM'11'48"W a cktancq of MM feet to the southerlq'kieL 4l!Wd fil Lsla esi J)4_ Thgota;Fplh living said sowheriy6nr,N&9'22'SD1'Wadkstence ot56.03 tent to a brass cap nrarklrg the sontfn7ru c6rrrrr al the 5aulhe"1/4 oP the Hartlswest 114 of said$eitiDn 5; Thence Leaving said soLittmdy 14Fie and faloml%tFw ue;tariy Mina of said East 02 of LhrNartln A Ila 9f 5r[t14n4�f40G'35'49'kv dls�anw of 3,5'�4$fRgt tptho PO[NTOF8E6affNsfi6. &add pameJ COMAnd a[OL81 Of i9 14 acret,more ar I&W and is wbWL so ad imbileg a mvnr+rA;andlgr etgrets:�of reoaf0 ar Implied. Attaomdherarok FidiYrlt bird bvthis_Ferrnm is nnardrapan srerrof. 1 459 4 f�'2�nw4ti i'+Ilsvn"�-M''MI"fWih4lr�S�*5713•14a.6a Y�fi39.afnan�llp.{om FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -41 - t.Lake H aml tad. =/4 CORFtR EkS;& OF OCAMR O rsIt Ec 4 NIW&2'12'W Meal' r—S89'a2'12-E 118ar-p . hf- 4i°13"E l"&21'u RQlN6 OFPUINT CY I+PWA PtxtidmoTSWDI 2401.J. 66'33" EEN I BEcrNwllG SE+1C�G#'13 41$Sid+463Gr 0# (W Of OM SECTION 5 i E)1UUNC IEHTw0E-%WY 2'BnC.RUT F r WTH WAIFS] plappsod;C-G y r1WTwwaelln+hjaLX AREA.,14,39sA ' e�e�s 'is'rr 11�.45' C°oirerrwmrt f7Cr9TnT$nt L4:4 I LoT2 72.03' c, I SCSH Qrlgh'oer i $ Proputles LLL Imrasrinanu LLC Goryl T-lnon.Lotd SE GONER Z' _ _ 1 G4YY J7T 3 ®v,07 Lt`iTf RE7tlNE aauar�rx,' Ur,E .. M SEI4'TrON UkE S08'.�5`33�AI i 15.33` 64mmuwTlt VrtG a 5E114NWVA I � pkzcF,L LINE I UnpWird I � I '� $r:$H�rgpyrtlpsliC i W 1/4 CORNER CEraTER OF$FCTION Owl SECT�N 4 L � �LT3�'30�Y' 167QG3' r a SE 15/ +SYr 1M UnPlMed uftplgtwd � W.Aristocrat Dr. E;,xrtmrnisn#La16 ¢ pwo 10M ism PlanScale:3'=5m' WAYS TAiM CTuk'`'E iSArSil; dNCTM pFLTK CJ18Ffl 9LG triGlb Ct 5WW 56Sb' 6'41'9T 5A3'C2'43'E M.24' C2 &QW 6Tb6" 613YW sd 3v'''-w 57,62' C3 36kw 57.83' 6'3T4v SA-16`40V 57m, E Mr.I wi 116RrG L-M N.`fW56 oX ftW ExhibiL& ",�`_"•• Annexaklan Wlt:h Cat Zum �.�_• ::ems SHEET. Apex Zertlth SUbdrvisinn L OF 1 AP4 �oikh9E1f3aFtheh"eUlfda95e�6.TTH.R1E,8h1.Givar6lkrwtl+F7,AtllLoianEk-ItlFhP FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -42- I. Annexation Legal Description& Exhibit Map for R-15 Portion 6" E rr 0 1 N E El I N0 Septet b"24,2 2A fNo*1 r'W-'22-M AM Zit*m SubdPA*n Pilltlhh A Logal❑walptiorl ForAnmmotion w"11-16 Lora A parcel pl Lond Wrg a Fprtlgn of the East 112 of the Northwest 114 of Sertlon 6,Township 2 Noretr, harp I East,9.M„Cltyod Merkflan,Ada county.Idailo being more pdrticuialy d23 0eda5lelbws: Itt]MMKING at a 5{B-trot rebar marking the Southeast cornerof said Southeast 114orthe PkrtkwKt L/4(Cenrer 114 ponwo,Which tears 5cID'W25"W a dlsnnre-of 1,324.42feel Forma 5113-inch reWr marking the Northeast cornaei V sold Southeast V4 of the f+orthwest W($otutheast comergf Government Lat 3).Thence Fikowing the southerly Ilne.of sold Soutlataslt 1/4 df the Nortbwm I/d, Ne9422'-90'W a distance aF ir!-6A.40 feeta Thence Ieswg#odd sm6*rlyr Wren,NEO'17'49'E a digtanre of 990.Oa feeC Thmca 57J35 fte't atortg deer art of a tine to me rot,sa Id carve hiwing a radius of$00-00 feet.a deity angle of 06-3T45",a dWrd hearing of NO3'36'40'Ft and a chord d4statice of 57.32 feet, Thence raOG W33"E a dletance of 115-33 feet; Thence W-85 fees along the are of a Hove to the left,Bald curve haruitg a radius of 5010.00 feet,a 1Aetta amg*-of 06'3'rW,a chard bea*%of ra93' '40`E.pnd a chn rd dlstanceof 57.22 feet; Thence ftOD`17'48'E a dlstancr of 636.61 f W; Thecae 58.33 feet along the arc,or a inrve to the[ell,sold curve havW1 a rlEdkd a 5M.99 feet,a 001:4 angle of DW43'b2"r a cho rd hearft r f NOVOW43"W and a[hard distance of 59,29 feet: Thrnze H05723'14"W s dlitanoe of 172.03 Feet; Thence SB'43'1Y%a dlstar,d-e Q41,189.45 feet; Thence 500'12'26"W a dlitartce of 758.18 Met to a 5J&Inch reper on the sauthwlp firm of Government Lot 3; Thence fakw ft sold southerly ine,SW27'34"E a distance of 713.98 feet to a 5fB-inch mbar marking the southeast corner of sold Gowrewem"t Lot 3; Thence Ieavhg said southerly line and fo Berm tt tfat easterly Flne bf the Southeast at4 of the Ntutirwest 1/4.snD W'35'W a dtstartm of 1,124AI feel to the MKT OF BEGINNING. Said parcel mntaim a total of 58.52 acres,tnoro or cost.and 4 ztoi, &to at wanting easements artdfar tuts-o€way of mcDrd or imphed. AttachWPlu ttt is Exhibit&and bythlsWerence Is alAdea part hereof. e PIS rwrth Dktearery W&Y•Eelse,kuKa BJ71 d•206,6"A$55.Ycaen ftlpAGM FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -43- NE CORNER r. V`rLW3 L L■ke Na:d Rd, F��F�_pr'lt —Rfh i rn 91�� NW r. Ell PARCEL S-ECTON r LIME CWT JnvaslsnemTs LLC I G y r11mMC Likt 3 SOV42421 1169AW Government I� Gavesnrnent Lot F Lot 2 Origh:on C Investment LLC PARCEL LINE I I b SE -'JRNER 4t,T '! I I C2 I REZONE427'7�"t QafT Lt7Ff #+06'�' M1 BOUNDARY 7p-96 113. scst-1 Propertlm uc S Vemmem Lot 5 Y SE 1/$NNE 1IA $� 9 PA7LINE AP N:A Portlon of 514-6212WI , I �" � p ilnpla[[ed 51446212601$51406M4200 m I zone•HUT Proposed-Jt-15 Are :58-522M 1f;OIN-r OF SE 19 1/4 CORNER QENTO 1!+ I 5ECTr5N df SS.OS I irORf4E3R R^" 1264.90' ECT16FJ b 489 MM w I.120,93' SE CORKER Unplattod WIP14tt0d GG4fi LOT 5 W ArisSosrat Dr.. "Vornftwnt LW,6 4 woo i500 P PLao Style-1"w 500' CURVE TABLE t IN E TABLE CUM RA LS tENE-1'1 MTP 1.HQM011G CHORD UNE NUAING 013TANCE c1 544,01Y 57rlV f?37wl rib -M540"E 57-82' 41 Wr2YT41r t'72.W- ki" C2 300.ff 57.W 5 3:''<E' 'LC1'39'4D"f 57-62' 5 C3 -%D. V 50.33' 641,02, Nmro'43'w ENCr1NF191N0 +Pb�.ur.iaanmx�n v.�sr �.m.a Ira;eniacn Exhib It B Annexation wtth R-15 Zar1E 31dEET: Apex Zenith SuhdWrisiort 1 OF 1 Po ilan 4f c E 1(2 of Ski M1dV 1/4 CR SertLpn fi,'2N,RSE_0M,My of MerldlarX?da bounty,Idara FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -44- J. Rezone Legal Description&Exhibit Map km SepMmbeF 24,2024 Prood rk.-.22-075 Aped 7#nith sandkokion Ehdl R A LaW Dosar*6m for Room Frw R-4ioC-G A parcel ch!land beings ali off Wv"Merli Lot 4 aand b portion of Governtment Lot 5 of Sec k m 6. TawrnsNp it Noetb.Ran"5 East,B K.Cilr of Nlarkl Lin,Ada County.Ida ho being move particu4rh' dle5trlhed as fopgwrs. BEQHNING at an alurnInvm emo hrlarkin the Northwest ccm@reSaid Stetson 6,which bears ME9'43'12'W is dfatawe of 2,49p.$1 feet from a 512-kwh rehar rrimkVg the Northeast coarwr of Gowemment Lot 3 of said Sectlarr 6,thence foRowing the northerly line af Bald Gov&inrnent Lot 4, S0T41'12'E a distance of 1,M.90 free to the r 4 rl heist N11`n7r of Said Governmewl Lot d; Thence leaving$aid northerly bne and foliowdrtg the easterly Ilneof sald Gmernmerht Lot 4,St10'2b'49-W a distance of 1,326.15 feet to the southeast oorner of said Government Lot trmrlhPast Corner01 Gawt•rnmerll Lot 5}; Thence 4��ino 5.Nd easterly Ilrw i�f 131overnment Lot 4 and following the easterly Ilse OFGowernment Lot 5.5DT?.6'391W a distance of 1.332.51 feet to a brass cats marking[he southeast oompr of laid Government Lut 5, Thence Iwwlng Said easliehiy llneand fpll;owingthesom1herly ilne of Bald Gravemmem Lot 5, NST21'5(rW a distance of MOM feet ID a S/&inrh Febar; Thence kaying said soul herly IMd,N00'37 101 hY daita rtde of 23.5a feek l,*the Etnterl me of W, kilstwi t Or.; Tl.encr foUowirrg said centerline the fuRowing two 123 murOti- 1- N89'22'50,W it distsme of a29.43 fret; 2- 93-01 feel iiWrhg the arc of a curve to the left,sa Id carve having a radius at 1t30.00 feet*a delta a ngle of 29'36'22",a€bord bexilrig of 575'4V59`W,and a th Ord dicta not of 41.98 foot to the southerly lint of m Id Government wi 5; Thence keawin@ said cLnterti m a nd IpliDwing said wuthe*li ner U89*22'54YW a dislanc@ of 340.69 iW to an aluminum rap markirrgthe West 1J4 cornea of said Section 6; Thrncr leaving said wuthcrry line and fol lowlog the westerly lkne of said Government Lot S, -00'51'06'E a distance of 369.97 feet,, Thence Trawl mg said westerly hoer S89'08'54-E a distance of 84.12 feet to a"-Inch reber vn the eaosr@rlr of bterldian fldj{ utt Nlghway 69; Tkoce leavIng said eastHty rIght,of-way.N99'WJ5'E a distance of 12047 feelTto a 1124110 rebar. Thence SO4'51rWrW■distance of 54.60 feet to a 0-Inch rebar, Thence N89'50'15"f a dt ame of 190.40 left to a 1/2-4llch relabr; Thence NOT51'DVE a diswexe of 250.00 feet to a W rich rebor; Thence S89'50'1VW a d;stam,*of 3i76.70 fart to a 5{9-Inch rebar on said eas[ecly right-of-way; Thence leaving said easterly right-0f-way,N89Zllt'54'W a 6151e=nce of 09.69 felt to the westerly line of said Gsowemment teat S; ThehCk fhrllowiq:said westeerly tlne,KXSl'['WE a d fstarree of a5CL9]feet to the northwest comer of said Government tot 4 jWuthw'r'e5t Gamer of Government Lot 4f; The rice leaving said weswrty line ofGovernmerit Lot 5 and following the weiwrty Kne of said 15owfnmelrt Lo+t 4,NOD'SVID61 b dhslalrGe of 3,320LS*feet p4 the PONT T KGIKNN GC 5725 NOrM OlteowIry WAY•901sar id4h9 a47 t3+ROIIIIA 4 MSI*Ymionfllp-com FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -45- E.Lake F1aFel Rd. K CIDRW R 9A515F ERRING T LOT 3 N89'42'12'W 249a,w1' PM? Or` � —'.1�9.9�'+��{r RN r/" a{a^---� $ 32' 6EpF1lNG E}GsrlhG P"T-Oir-WAY, NW CUMMER SECTION fi {HH]"H VARIES 3 hUrn DWT Inw2$#rneFlts LLC pm n LLC Irw"lmIrriks Ltc Gqv$mm ent G&mrnmehL"A I Lott � � f1Pf1:S1#46223153$ � S14MIMOL4 pv�rT11rent L013 i w n Z0r4e,R-4j Promsed!C- I 3 AREA:7t.da±AC SE �'RNER ah _ 64YT LE1T 3 w P, 00V'T LOTJ RE3OirE atlLtlhlor SECTION -'NE Cwwemmen#Lot 5 r SEIJ4NW114 f SB9'Sn7'15"1A' 3� f unplattec n I 2 !3SCSFI 5roperties LLC NW!51'06'E ` rr� ffi 34 -9i' L# Ek 1/# L341txLR 11E4]22'5O1f -CENTER Of 9ECTN}r# BA I +29.03" SECTION W - --e 1O 35a�oo° 6 r OM N5v22''$0'w NOU37' 'E 3.Sb' NW7'22 50'' walilj' a 340.69' 2 SE CORNER Unpletted Unplakied ecv'T = 5 A] ArM0teM 0? Gcvernment Log 6 0 Snd 10 0 15f LINE 7A8Ll Plan Stale:1"=3b0'it OW WMIIrG MUNU C q f CURVE TABLE L1 Sdrt M'54'E EK,12' �[ EUR4�E F;. LEfYG�FI 0E6rA d+0�d0a{i [?li>#f6 L2. NATM'15`E 1215.87' k Cl 1aQ,00' gj a1' Xr.5fs°F2' S7 4fff€'W 91.96' ii 148Sr'5I}'757 194,4D' 3 L5 NOEr5I'06 1 1W.00' E IN 4 I K f E 9 1 N G LA I&MV09'54-W 99-89' uss���+naw�■•+� Exhibit B nw�Ynrq}ctn waa Rezone From R-4 to C•G SHEET_ Apex Zenith Subdivis;on F Gov-Lat 4&a Portion o!Gav,Lot S-of SeCtlon b,7:�N.RIP,R M.City of Meridlan,Ada Cuuntw.Id*%0 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Apex Zenith—H-2024-0052) -46- v IDIAN� AGENDA ITEM ITEM TOPIC: Memorandum of Understanding between the City of Meridian and Light My Fire, Inc. MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND LIGHT MY FIRE, INC. This MEMORANDUM OF UNDERSTANDING ("MOU") is made this �r•d day of February 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Light My Fire, Inc., a nonprofit organization organized under the laws of the State of Idaho ("LMF"). WHEREAS, the mission of LMF is to raise money to support fire prevention education programs and to provide emergency financial support to fire victims through the Boise, Meridian, and other Fire Departments located throughout the State of Idaho; WHEREAS,LMF's grant of funds is conditioned on City's contribution of matching funds, and City finds that it is in the best interest of the City of Meridian to dedicate such funds, pursuant to the parties' respective commitments and intentions as set forth in this MOU; and WHEREAS,this MOU is intended to supersede the previous memorandum of understanding entered into by the parties on October 23, 2018; NOW,THEREFORE, in consideration of the mutual understandings herein contained, and in consideration of the recitals above, City and LMF agree as follows: 1. CITY'S COMMITMENTS A. Monetary Contribution. City shall commit funds for public fire safety education in an amount equal to the gift given annually to Meridian Fire Department by LMF, up to ten thousand dollars ($10,000.00) annually. B. Allocation of funds. City agrees to allocate LMF funds received to public fire safety education. C. Service on LMF Fundraising Committee. City agrees to appoint a representative of the Meridian Fire Department to serve on the LMF Fundraising Committee. Il. LMF's COMMITMENTS A. Grant of funds. LMF shall grant to Meridian Fire Department a percentage of net funds raised by LMF, up to ten thousand dollars ($10,000.00). B. Seat on LMF Fundraising Committee. LMF agrees to appoint a representative of the Meridian Fire Department to serve on the LMF Fundraising Committee. III. GENERAL PROVISIONS A. Notices. Day-to-day communications between City and LMF may occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via U.S. mail to: City: City of Meridian LMF: Steve Cilley, Board President Attn: Fire Chief Light My Fire, Inc. 33 E. Broadway Avenue 13177 Persimmon Lane Meridian, Idaho 83642 Boise, Idaho 83713 MOU BETWEEN MFD AND LIGHT MY FIRE PAGE 1 OF 3 B. No agency. Neither LMF nor its employees, agents, LMFs, officials, officers, servants, guests, and/or invitees shall be considered agents or employees of City in any manner or for any purpose whatsoever. C. Compliance with laws. In performing the scope of services required hereunder, City and LMF shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This MOU and all activities occurring hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. D. Term of MOU. This MOU shall become effective as of January 1, 2025, and shall be automatically annually renewed, unless earlier terminated or extended in the manner as set forth in this MOU. E. Termination. Grounds for termination of this MOU shall include, but shall not be limited to: an act or omission by either party which breaches any term of the MOU; an act of nature or other unforeseeable event which precludes or makes impossible the performance either party's respective commitments; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing thirty (30) calendar days advance written notice. F. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used in this provision shall have the definitions as set forth in the respective Idaho Code provisions. l. Pursuant to Idaho Code § 67-2346, LMF certifies that LMF is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. 2. Pursuant to Idaho Code § 18-8703, as applicable, LMF certifies that it is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. 3. Pursuant to Idaho Code § 67-2359, LMF certifies that LMF is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. 4. Pursuant to Idaho Code § 67-234.7A, LMF certifies that LMF is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture. 5. Pursuant to Idaho Code § 67-2347A, LMF certifies that LMF is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. G. Third-party beneficiaries. This MOU is not intended to create, nor shall it in any way be interpreted or construed to create, any,third-party beneficiary rights in any person or entity not a party hereto. H. Construction and severability. If any part of this MOU is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of the MOU so long as the remainder is reasonably capable of completion. MOU BETWEEN MFD AND LIGHT MY FIRE PAGE 2 OF 3 I. Entire agreement. This MOU contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. J. Approval required. This MOU shall not become effective until approved by the respective governing bodies of both City and LMF. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LIGHT MY FIRE: BY: Stev�esident Boa CITY OF MERIDIAN: BY: Attest: Robert E. Simison 2-18-2025 Chris Johnson 2-18-2025 Mayor City Clerk MOU BETWEEN MFD AND LIGHT MY FIRE PAGE 3 OF 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order for Linder Road Medians Lighted Sculptural Art: Design, Engineering, Fabrication, and Installation C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cassandra Schiffler,Arts & Culture Meeting Date: February, 18 2025 Coordinator Presenter: Cassandra Schiffler Estimated Time: 0.5 minutes Topic: Task Order for Linder Road Median Artwork Design, Engineering, Fabrication, and Installation Recommended Council Action: Approve Task Order for the Mayor's signature. Background: Process and Art Selection:The construction of the Linder Road Overpass is a priority roadway project for the City and ACHD. Part of this roadway project includes the construction of three medians north of the overpass;the longest center median was identified by the Linder Road Task Force Aesthetic Subcommittee as the foremost opportunity for a public art installation. Three local artists/artist teams from the Parks Identity Theming and Public Art Roster were chosen by the Public Art Committee to submit proposals for public art sculpture in the median in early 2024,and a stakeholder committee with representatives from ACHD,the Planning Department,the Landscape Architect,the Arts Commission,and Parks Staff reviewed artist proposals and presentations and unanimously selected Stephanie Inman's "Safe Passage"proposal design on July 7, 2024. Since the artist's selection,the artist has adapted the design,per stakeholder committee requests, and has been working with Staff,the project's landscape architect,lighting experts,a fabricator,and structural engineers on the project.The artwork engineering will be sent to ACHD as part of the landscaping package. The Meridian Arts Commission reviewed the final design proposal on January 9, 2025 and unanimously and enthusiastically voted to move it forward. Strategic Goals Alignment: It meets MAC's Strategic Plan goals for Public Art,as laid out in Public Art Goal 1: "Create opportunities for all Meridian residents and visitors to experience public art"and aligns with I.A. 4. c. "partner with ACHD to install public artworks in conjunction with upcoming road projects." Budget:No budget amendment is necessary.This project was budgeted for FY2025 and uses existing MAPS funds (Meridian Art in Public Spaces). (The MAPS Ordinance 15-1642 established the method of appropriating general funds to install visual,tangible artworks for installation on public property in Meridian's public spaces in the amount of fifty cents per resident,with a carryforward to"save up" for bigger projects like this one.) Art Proposal:The Artwork proposal with concept details,imagery,drawings,budgets, and elevation sketches can be reviewed in full in Exhibit A of the agreement. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART: DESIGN,ENGINEERING,FABRICATION,AND INSTALLATION This TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART: DESIGN, ENGINEERING, FABRICATION, AND INSTALLATION ("Task Order") is made this 18th day of February 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Stephanie Inman, an individual person("Artist"). WHEREAS, on December 23, 2022, City and Artist entered into a Master Agreement for Professional Services: Park Identities Public Art Roster("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task orders setting forth specific conditions, compensation amount, and scope of work; WHEREAS,through a competitive proposal process with stakeholders representing the Meridian Arts Commission, City Staff, Landscape Architect, and Ada County Highway District ("Stakeholders"), City has selected Artist's Proposal attached hereto as Exhibit A ("Proposal") to install outdoor, lighted, sculptural artwork ("Artwork") in one of the landscaped center medians that will be on Linder Road, on the north side of the overpass to be constructed over Interstate 84 ("Site"),pursuant to the Public Art Project Plan for Linder Road Overpass:Lighted Sculptural Art in the Median(s) ("Project Plan"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, City and Artist agree as follows: I. Scope of Services. Artist shall provide the services and deliverables as described in Exhibit A and pursuant to the timeline set forth in the Scope of Services attached hereto as Exhibit B. Additionally, throughout the term of this Agreement, as necessary to fabricate and install Artwork suitable for the Site and compliant with the Project Plan, Artist shall provide project management services, to include coordinating plans and schedules with contractors and representatives of the Ada County Highway District, the Idaho Transportation Department, City of Meridian, and the Landscape Architect consultant ("Stakeholders"). 2. Payment amount and method. City will pay Artist for services rendered pursuant to this Task Order in the total amount of seventy-five thousand dollars ($75,000.00), which payment shall be made pursuant to the following method. Following completion of the enumerated benchmarks, Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE I 3. Payment schedule. Artist shall be paid pursuant to the benchmarks set forth in the Scope of Services, following Arts & Culture Coordinator's approval of each deliverable. 4. Delivery location. Artist shall deliver all deliverables enumerated in the Scope of Services to the location directed by the Arts & Culture Coordinator via email. 5. Storage of Artwork between Delivery and Installation. Between Artist's Delivery of the Artwork to City as contemplated in section D of the Scope of Services, and Installation of the Artwork as contemplated in section E of the Scope of Services: a. Following Delivery and upon the Arts & Cultural Coordinator's acceptance of the Artwork, City shall own the Artwork and shall be responsible for storing, securing, and insuring it. b. City shall store the Artwork until the project manager of the of the Linder Road Overpass construction project notifies the City that it is time to install the Artwork in the center medians. c. Prior to Installation, Artist shall coordinate with the Arts & Culture Coordinator to take temporary possession of the Artwork, transport it to the Site, and complete Installation of the Artwork. 6. Time of the essence. Artist acknowledges that services provided under this Task Order will be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. 7. Ownership of Proposal materials. Upon City's receipt of the Proposals, City shall have sole ownership of all materials submitted. City shall not be obligated to return materials to Artist. 8. Notices. Day-to-day communications between Artist and City shall be via telephone or email to or from the Arts & Culture Coordinator. All other notices required to be provided by either of the parties hereto,unless otherwise stated in this Task Order, shall be in writing and be deemed communicated when mailed by United States Mail addressed as follows: If to City: If to Artist: City of Meridian Stephanie Inman Attn: Arts and Culture Coordinator 931 S. Capitola Way 33 E. Broadway Avenue Boise ID 83712 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Plans only.Nothing in this Task Order shall establish any obligation by City or any expectation by Artist that the City shall approve, or request the design, fabrication, and/or installation of the Artwork pursuant to this Task Order. Approval of deliverables shall be in the discretion of the Arts & Culture Coordinator, with reference to the Project Plan, which approval shall not be unreasonably withheld. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE 2 10. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. 11. Entire Task Order. This Task Order constitutes the entire understanding between the Parties regarding the Scope of Services described herein. This Task Order supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, whether before or after the execution hereof, regarding the Scope of Services described herein. The terms of this Task Order may not be enlarged, modified or altered except upon written amendment signed by both parties hereto. 12. Non-waiver of breach. A waiver of any breach of any of the provisions of this Task Order shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 13. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used shall have the definitions as set forth in the respective Idaho Code provisions. a. Pursuant to Idaho Code § 67-2346, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. b. Pursuant to Idaho Code § 18-8703, as applicable, Contractor certifies that it is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. c. Pursuant to Idaho Code § 67-2359, Contractor certifies that Contractor is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. d. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel- based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture. e. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. 14. Construction and severability. If any part of this Task Order is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Task Order so long as the remainder of the Task Order is reasonably capable of completion. 15. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell any right, including the right to compensation, and/or duty arising hereunder without the prior express written consent of City. Any subcontractor or assignee will be bound by all the terms and conditions of this Task Order. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE 3 16. Governing law. This Task Order shall be governed by the laws of the State of Idaho. 17. Approval required. This Agreement shall not become effective or binding until approved by Meridian City Council. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: 1'� 3i 1"6 t-A Stephanie Inman CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 2-18-2025 Chris Johnson,City Clerk 2-18-2025 TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE 4 EXHIBIT B SCOPE OF SERVICES DELIVERABLE DELIVERY PAYMENT DUE DATE A. Detailed Plan. Prepare a detailed plan for design, fabrication, delivery, and installation of the 1/31/25 $10,000.00 Artwork, to include: 1. Detailed drawings of the Artwork to be fabricated and installed pursuant to Artist's Proposal and the Project Plan, including a description of dimensions and materials; 2. Detailed drawings for lighting and footings for the Artwork; 3. Detailed project timeline; 4. Detailed, to-scale site plan for the installation of each and all components of the Artwork at Site; 5. Plan for obtaining any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include permitting and inspection by the Community Development Department/Building Services Division and coordination with Stakeholders regarding landscaping and utilities; and 6. Plan for engaging an independent testing agency to test and inspect construction, fabrication, and installation materials and methods, if necessary(the same duly qualified engineer who prepares the construction drawings and structural calculations shall determine any testing needs, and may serve as the testing agency, at Artist's election). 7. General budget for all costs related to services, materials, fabrication, and installation. B. Engineered Drawings. Provide stamped engineered construction drawings and structural 3/31/25 $10,000.00 calculations, reviewed and stamped by an engineer certified in the state of Idaho for each and all components of the Artwork, including associated lighting and footings. C. Detailed Budget. Submit budget, including quotes for materials to be used in fabrication of 4/30/25 $25,000.00 Artwork. D. Delivery of Artwork. Artist shall: 8/29/25 $20,000.00 1. Deliver the completed Artwork to City; 2. Provide a recommended maintenance plan for the Artwork; and 3. Provide waivers of lien from (or all invoices and proof of payment in full to) any and all subcontractors and major materials suppliers. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE 5 4. Installation of Artwork. Artist shall coordinate with all applicable Stakeholders to install the To be $5,000.00 Artwork, as well as all associated lighting and footings, at the Site. completed with road construction, anticipated in 2027 5. Final acceptance.Artist shall prepare and submit to City: Six weeks post $5,000.00 1. Certification of complete installation of the completed Artwork at the Site; installation 2. A recommended maintenance plan for the Artwork; 3. Executed, mutually agreed-upon acceptance agreement, similar to the sample agreement attached hereto as Exhibit D for illustrative purposes only, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Artwork, which agreement shall be prepared by the City Attorney's Office; 4. Report from an independent testing agency approving construction, fabrication, and installation materials and methods; and 5. Final inspection and approval of the installation of Artwork by the Arts & Culture Coordinator and by City of Meridian Community Development Services Department/Building Services Division, which may include, at the discretion of the Building Official, independent testing and/or inspections for structural soundness. TASK ORDER FOR LINDER ROAD MEDIANS LIGHTED SCULPTURAL ART PAGE 6 STEP _.I.ti _ e - PU ART PROPOSAL - r LL�' FORTHE LI ROAD OVERPASSFl- GE 4t 1 a L � 'ter tt- 1 �•- - - I S • � .L 3 - imom z Jol � tip; '•> e i - �'- _ '.� ,LR.y� � �.AR�`.may•. Inspiration Images PUBLIC ART PROPOSAL CONCEPT Inspired by the landmarks along Linder Road, from the Snake River to the Initial point of Idaho and into Meridian and to the foothills, SAFE PASSAGE captures the natural rhythm of birds of prey. These majestic creatures soar and hunt within the warm air currents rising from the canyon floor, navigating updrafts and crevices. From low rivers to high canyons and arid deserts, the Snake River area boasts the highest concentration of nesting birds of prey in North America. Creating birds of prey from swooping sheets of aluminum, this installation symbolizes their journey and the story of safe passage. The design and placement of these swooping birds at different heights and angles will also keep visibility and durability at the forefront. Pearl ss 16 Hidden ,ss Springs -Slar Ea le sit. y #,..• _ BOIN Vilk erldian B 8E 1. l' sCorner eat ,- Ku mont Mora Pleasant Valley rtma Owyhe Melba 1 ,rens ey Morley Nelsonry Snake River Birds of Prey Go gle National... Color Palette Inspiration Early sketches of swooping forms 3 different bird wing positions WINGS UP WINGS OUT 60"high WINGS DOWN 54"high 48"high Drainage Distinctive holes curved beak of bird of prey Hooded bird of prey eye Wings are made out of aluminum Bases are to be / made of corsteel Survey stick measurement reference BIRD SHAPE Sketches and experiments with scale models resulted in a swooping bird design.The curved beak is distinctive to birds of !� prey.There is a hooded eye and measurement notches along the ss• base to reference survey equipment (a tool used to determine ' Idaho's nearby Initial Point). A curved aluminum body connects at different spots to create a structurally sound shape that is visually interesting at vehicle level,from either direction. Drainage holes allow for rainfall not to accumulate, and wind can easily pass through the form.The leaning shape mimics the motion of flight. SCULPTURE PLACEMENT ON MAIN MEDIAN The birds will be spaced to mimic the movement of wings up, wings down, and wings out slightly curved and soaring.The overall placement of the birds in the median reflects the natural rhythm of birds of prey.This overall rhythm is spread out and could be interpreted as one bird in motion, or multiple birds.The colors of the wings will reference canyons,tall grasses, and blue rivers.The birds are at 3 different heights.Two ground lights at each bird will enhance the layout. Large boulders will be carefully positioned for vehicular safety.The medians will be landscaped in a cohesive way and designed by landscape architect Jon Breckon. Elevation Sketch Plan Sketch SA F F 'DAS SAG ' PUBLIC ART PROPOSAL Materials Materials are chosen for their longevity and durability: corten steel, aluminum, and automotive paint. A steel base that has notches referencing a survey measuring stick, capped with an aluminum shape curved into swooping bird shapes. These materials are durable for outdoors, and will last for decades. I plan to use automotive paint to paint the birds myself, and aluminum will make the birds lighter for handling. Dimensions Each bird is approximately 30" wide. There will be three heights with three wing positions. The repeating design creates more impact grouped on one median and is an efficient use of the budget. Additional Details The color palette changes with the position of the birds- low birds are to be painted with warm khaki yellow like canyon grasses. Open wings are cool colors like a shimmering blue to green blend to reference the Snake River. Warm colors are used as if the updrafts have helped the birds soar. Inground lighting can emphasize this color palette. Lights will spotlight the birds in two places. Budget Breakdown $3,000 requested revisions/ renderings for engineer $7,000 engineering / project management $8,000 artist fee/ painting birds/ paint $52,000 fabrication and installation by McCall Studios (11 birds) $5,000 final delivery/ maintenance plan /contingency/ boulder placement Note: Lighting and footings included in construction budget $75,000 total budget 'lVl A . SAFE PASSAG'F LINDER ROAD SCULPTURE 4*1 SAFE PASSAGE LINDER ROAD SCULPTURE SAFE P AGE LINDER ROAD SC uRE ' a x E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreement for Preparation of Public Art Plan Between Via Partnership, LLC and the City of Meridian C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cassandra Schiffler,Arts & Culture Meeting Date: February, 18 2025 Coordinator Presenter: N/A Estimated Time: N/A Topic: Professional Services Agreement for Preparation of Public Art Plan Recommended Council Action: Approve Professional Service Agreement for the Mayor's signature. Background: This Public Art Plan will become Meridian's first ever public art master plan and will identify the strategies and goals for the planning and installation of public art in Meridian through several phases of work including research, stakeholder discussions, community engagement, and site work. Strategic Goals Alignment: It meets MAC's Strategic Plan goals for public art, as laid out in Public Art Goal 1: "Create opportunities for all Meridian residents and visitors to experience public art" and aligns with sections I. B. 1. "establish plans and policies to guide the selection, placement, acceptance, maintenance, and removal of public artworks." 1. B. 1. a "Contract with arts professional to facilitate public art planning process" and 1. B. 1. b. "engage community in public art location and theme planning." Budget: No budget amendment is necessary. Council approved the $30,000 budget for FY2025 to complete this project. Art Proposal: The project scope of work with details on the tasks, research, engagement efforts, cost breakdown, and timelines can be reviewed in full in the exhibits of the agreement. PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF PUBLIC ART PLAN This PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF PUBLIC ART PLAN("Agreement") is made this 18th day of February, 2025 ("Effective Date"), between Via Partnership, LLP, a limited liability partnership registered under the laws of the state of Missouri ("Consultant"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City") (collectively, "Parties"). WHEREAS, City has determined the need to identify the strategies and goals for the planning and installation of public art in the City of Meridian, and to that end seeks to prepare a public art master plan; and WHEREAS, Consultant is specially trained, experienced, and skilled in the provision of services necessary to prepare a public art master plan, and has agreed to provide, such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the Parties do mutually agree as follows: A. Scope of Work. Consultant agrees to perform all work specified in the Scope of Work set forth in Exhibit A. Consultant shall perform the Scope of Work and provide all deliverables in a timely manner,pursuant to all mutually agreed-upon schedules, deadlines and/or threshold meeting dates. Consultant shall produce the deliverables referenced in Exhibit A in a timely and professional manner, consistent with industry standards and practices for the profession or professions that are used in the performance of this Agreement. B. Term. Consultant shall perform services under this Agreement by September 1, 2026. City shall make every reasonable effort to support Consultant in meeting the mutually agreed- upon schedules, deadlines and/or threshold meeting dates set forth in Exhibit C. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure of either party to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Payment. For services rendered under this Agreement, the City will pay the Consultant in accordance with the fee schedule specified in Exhibit B, not to exceed thirty thousand dollars ($30,000.00). This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Consultant, including travel and lodging expenses. To receive payment for services rendered, Consultant shall provide to City a completed W-9 form, and detailed invoices itemizing services rendered and stating the amount of payment due for such services. City shall remit payments to Consultant for services rendered under this Agreement within thirty(30) days of receipt of invoice. Payment of all taxes and other assessments on monies received under this Agreement shall be the sole responsibility of Consultant. Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 1 OF 7 D. Coordination and approval. 1. City shall make its staff, information and premises available to Consultant on an as- needed basis, on/at mutually agreed-upon dates/times necessary to complete the Scope of Work set forth in Exhibit A. City Contact shall provide support, as needed, in terms of organizing meetings and public communications. 2. City shall establish a protocol for its internal acceptance and approval of the deliverables enumerated in Exhibit A. 3. City shall provide Consultant the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Consultant for all matters requiring coordination and approval. Communication between Consultant and City Contact shall occur via e-mail or telephone. 4. Except as otherwise specified in Exhibit A, the Consultant shall be available via teleconference for presentations to City and the Meridian Arts Commission as necessary to secure acceptance and approval of deliverables enumerated in Exhibit A. E. Notice. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail, to the following personnel and address: If to Consultant: If to City: Via Partnership, LLP City of Meridian Attn: Meridith McKinley Attn: City Clerk 6677 Delmar Boulevard, Suite 200 33 E. Broadway Avenue St. Louis MO 63130 Meridian ID 83642 mckinley@viapartnership.com cityclerk@meridiancity.org F. Ownership. All rights, title and interest in and to all work drafted,prepared,produced, or developed by Consultant under or pursuant to this Agreement shall become the exclusive property of City for use and/or distribution as may be deemed appropriate by City. Should the City distribute any of the work produced by Consultant in whole or in part, for promotional, educational or any other purposes, the City shall provide full credit to the Consultant as author, where feasible. G. Indemnification. Consultant shall, and hereby does, indemnify and hold harmless City, and its volunteers, officers, directors, employees and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys' fees and court costs) which result from the Consultant's performance of work under this agreement and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. Consultant acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 2 OF 7 H. Insurance to be obtained by Contractor. Contractor acknowledges and understands that City shall not provide insurance or benefit coverage of any kind for injury, death, or illness related to Contractor's provision of services under this Agreement. Contractor may, at Contractor's sole election, obtain and maintain, at Contractor's sole expense, throughout the term of this Agreement, insurance in an amount adequate to cover any of Contractor's insurable interests or assets, in Contractor's sole discretion. I. Public records. It is acknowledged by the Parties that City is a public agency. As such, City is subject to the Idaho Public Records Act, which states, inter alia, that all documents in City's possession are public records. The records prepared by Consultant in the performance of this Agreement are public records and, shall be available for inspection and copying by any person, unless exempt from disclosure, in City's sole discretion. J. Independent contractor. As an independent contractor, neither Consultant nor any agent or employee thereof is a bona fide employee(s) or agent of City in any manner or for any purpose. The parties agree that no deductions for withholding taxes, worker's compensation, insurance, or other fringe benefits will be made by City and will be the sole responsibility of the Consultant and its agents and employees. Specifically, without limitation, Consultant understands, acknowledges, and agrees: 1. Consultant is free from actual and potential control by City in the provision of services under this Agreement. 2. Consultant is engaged in an independently established trade, occupation, profession, or business. 3. Consultant has the authority to hire subordinates. 4. Consultant owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Consultant nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. K. Subcontracting and assignment. Consultant staff shall perform all work specified in this agreement, except that which the City and Consultant mutually agree may be performed by a subcontractor. Consultant may not subcontract or otherwise delegate its obligations under this agreement without City's prior written consent. City shall provide adequate staffing to support the development of the deliverables set forth in the Scope of Work and to support the Coordination and Approval conditions described below. This Agreement shall not be assigned or subcontracted by Consultant, whether in whole or in part, without City's written consent. Any attempted assignment without City's written consent shall be void and of no effect. L. Termination. The City shall have the right to terminate this agreement immediately, for any reason or no reason, upon written notice to the Consultant at the above address. Upon any such termination, Consultant shall be entitled to retain sums paid for any phase of the work that has been delivered pursuant to the terms of Exhibit A. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 3 OF 7 M. Amendment. Neither this Agreement nor any term or exhibit hereof may be verbally changed, discharged, terminated or waived. This Agreement may be amended only by a mutually-agreed writing, specifically referencing this Agreement, and duly executed by both Parties. N. Applicable law. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. O. Non-Appropriation. Consultant acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of City's statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement to provide payment to Consultant as described herein shall be subject to and dependent upon appropriations being made by City Council for such purpose. P. Choice of forum. Venue shall be in the courts of Ada County, Idaho. No parry may commence any action, litigation, or proceeding against the other party in any way arising from or relating to this Agreement or any related transaction, including equity, tort, fraud, and statutory claims, in any forum other than the courts of the state of Idaho sitting in Ada County, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and shall bring any such action, litigation, or proceeding only in such courts. Q. Costs and attorneys' fees. If either parry brings any action or proceedings to enforce,protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. R. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. S. Non-Waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 4 OF 7 T. Force majeure.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without fault or negligence, including,but not restricted to: acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. U. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. V. Non-Discrimination. Throughout the course of this Agreement, Contractor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. W. Compliance with laws. In performing the scope of services required hereunder, Consultant shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. X. State of Idaho requirements. The following provisions, as applicable, are required by Idaho law. The terms used shall have the definitions as set forth in the respective Idaho Code provisions. 1. Pursuant to Idaho Code § 67-2346, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. 2. Pursuant to Idaho Code § 18-8703, as applicable, Contractor certifies that it is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. 3. Pursuant to Idaho Code § 67-2359, Contractor certifies that Contractor is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. 4. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel- based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture. 5. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. Y. Entire agreement. This Agreement contains the entire agreement between the parties, and this Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 5 OF 7 Z. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. AA. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. BB. City Council approval required. This Agreement shall not become effective or binding until approved by the Meridian City Council and signed by the Mayor of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. Consultant: City: Via Partnership, LLP City of Meridian, Idaho Meridith McKinley, Partner Robert E. Simison, Mayor 2-18-2025 ATTEST: Chris Johnson, City Clerk 2-18-2025 PROFESSIONAL SERVICES AGREEMENT WITH VIA PARTNERSHIP,LLC PAGE 6 OF 7 Exhibit A via . ABOUT VIA PARTNERSHIP Via Partnership plans, curates, and produces public art throughout the United States and Canada, working with public agencies, developers, cultural organizations and community groups.Via was created by Emily Blumenfeld and Meridith McKinley in 1999 and is entering its twenty-fourth year of providing public art master planning services. In addition to public art master planning, our areas of expertise include public art project management and program development. Via has developed public art plans for cities, large and small, across the U.S. and Canada, and has completed more than 25 public art plans to date. Via has worked with cities with existing public art programs to update policies and procedures and with communities establishing new public art initiatives. As part of our planning services, Via collaborates with clients to ensure that their program has a clear mission, focused vision, goals, and guiding principles for public art that are in alignment with other City goals and strategies. We facilitate broad-based community involvement and work to identify context-relevant and implementable program and project opportunities. We conduct extensive research and facilitate many conversations to review and assess existing plans, projects, policies, procedures, partnerships, and administrative structures. We analyze this information to provide a holistic understanding of the program and craft recommendations to position the program for future success. In addition to master planning,Via also curates and manages public art commissions throughout the U.S. and Canada, from project inception through dedication, working as a liaison between artist and client to maximize the potential of each project. Via does not represent artists, but instead utilizes our relationships with leading artists, curators and dealers, and our sense of the ever-changing field of talent, to find the best artist for each project. Our work implementing public art projects is part of what sets us apart from other planning firms; our practical experience managing public art programs and commissions helps us create public art master plans that are effective tools for the staff, committees and elected officials who are responsible for implementing them. The public art projects we have helped to commission range from temporary projects, including managing a Bloomberg Philanthropies Public Art Challenge project for the City of Coral Springs, Florida,to large- scale, iconic works for cities, stadiums and private developers. Many have received the Americans for the Arts Public Art Network Year in Review Award -the only national award that specifically recognizes public art projects. Contact: Meridith McKinley mckinley@viapartnership.com 6677 Delmar Boulevard, Suite 200 St. Louis, Missouri 63130 314-324-3278 (m) 314-735-9268 (o) viapartnership.com MERIDIAN PUBLIC ART PLAN CONSULTANT SCOPE OF WORK Our plan of action involves several phases of work including research, stakeholder discussions, community engagement and site work. The phases are initiated in sequence but overlap in their completion. PHASE 1: PROJECT ORGANIZATION AND MOBILIZATION The Project Organization and Mobilization phase involves several key components: • Learning who the key players are and what role they will play in the planning process. • Charting out a clear plan for community engagement. • Reviewing the process for adopting the Public Art Master Plan, and any associated policies or guidelines that might be required. Tasks As soon as we are authorized to begin work, we will convene with the Arts & Culture Coordinator to discuss key project management issues such as: • Regular check-in meetings • Work plan, deliverables and schedule • Composition, roles and responsibilities of the advisory committee and a schedule of meetings • Information-gathering needs • Community engagement goals and strategies; review of internal and external stakeholders • Requirements and process for plan adoption PHASE 2: RESEARCH AND ANALYSIS The research phase includes a review of the current public art processes and regulations, with the goal of creating standard operating procedures. Research tasks will also inform the list of public art projects for the next 5-10 years. Tasks • Review relevant resolutions, ordinances, policies, procedures, and code provisions. • Review existing city plans and the City's Capital Improvement Plan with attention to opportunities for public art. • Review private development strategies and initiatives. • Review current funding sources, program budgets and projections. • Conduct interviews with City Department Staff in Parks as well as staff in Procurement, Planning, Public Works, and Fire/Police. • Conduct interviews with members of City Council and Arts Commission members. • Tour the current public art collection and potential future sites. PHASE 3: OUTREACH AND ENGAGEMENT This phase is meant to capture the public's imagination and insight, help people imagine new possibilities, ground the planning in community voice, and determine public priorities. viapartnership.com Tasks At the outset of the project, in Phase 1, we will develop a plan for community engagement that will occur throughout the planning process. We can help organize the following types of community outreach activities, as agreed upon in the outreach plan. At this time, we propose the following methods: • Advisory committee: We will meet with the advisory committee 4-5 times throughout the planning process to get input and solicit feedback. • Questionnaire/survey: A community questionnaire/survey on public art. The questionnaire will not be statistically valid, but will seek to collect the following information and opinions from a broad range of respondents in Meridian: - Gauge interest in what the goals or impact of public art should be in Meridian. - Gauge interest in what the most important places/locations are for art in Meridian. - Gauge interest in different project types (murals, sculpture, functional art, etc.) and themes(agriculture, abstraction,figurative, site specific etc.)that people are most interested in seeing in Meridian. In addition, the survey can: - Educate the public about public art generally, the breadth and depth of public art practice, and the benefits it can bring to community. - Raise awareness of Meridian's existing public art. • Pop-Up Engagements: Develop a set of interactive boards that can be used at community events to solicit input on the future of public art in Meridian.The initial engagement can be facilitated by our team, and the activity can then be utilized by staff and PAC members at other events. • Imagine Art Here: An informative and interactive workshop format developed by Via Partnership that can engage a variety of stakeholders in a conversation about the vision and objectives for public art in Meridian, and in generate ideas and goals for specific projects or locations. A range of stakeholders—artists, City staff, arts supporters, community leaders, and community members at large—could be involved. By bringing these groups together into one interactive workshop, we can stimulate cross-fertilization and "big picture"thinking and strengthen support for the program. PHASE 4: PROGRAM PLANNING This phase seeks to confirm a vision for public art(starting with the 2020 report recommendation), a mission for the City's public art program, and recommendations for public art spaces and opportunities, with immediate and longer-term goals and priorities. Together, these answer the following questions: • Vision: What impact will public art have on the community in the future? • Mission: What activities will the City undertake to achieve that vision? viapartnership.com • Goals: What short- and long-term accomplishments should the City strive for? • Opportunities: What are the best opportunities and spaces for projects?What criteria should be used to identify future opportunities and spaces? The planning process will look at a range of possibilities, both immediate and forward- looking. Tasks • Facilitate discussion with stakeholders to confirm vision, mission, goals. • Prepare inventory and map of sites potentially available for projects, including parks, buildings, public infrastructure, and development projects throughout the city. • Recommend criteria for project selection and prioritize short, medium and long-term opportunities. • Provide preliminary approaches and implementation strategies for priority projects. PHASE 5: TECHNICAL RECOMMENDATIONS The Technical Recommendations phase involves ensuring that the City has a framework to operate successfully. Tasks Based on the findings of the previous phases, we will draft a set of technical recommendations for how the City's public art program and activities should operate.These could include, but not be limited to: • Updated policies, procedures and guidelines for artist selection processes, with a graphic outlining the process. • A process for developing the public art work plan. • Updated collection management, including conservation and maintenance procedures, and donation, loan and de-accessioning policies and procedures. • Roles and responsibilities for the City,the MAC, the PAC and other stakeholders. PHASE 6: PLAN DEVELOPMENT AND APPROVAL The Plan Development and Approval phase involves the drafting and approval of the Master Plan.This occurs in a series of steps, with a preliminary draft to be reviewed by City staff, the advisory committee, and the Public Art Committee, and a final designed plan for approval by the Arts Commission and City Council. The plan will include the following components: • Executive Summary • Vision, Mission, Goals • Project Plan/Work Plan - including criteria, and a prioritized inventory of opportunities and map • Implementation Strategies- including policies and procedures, roles and responsibilities, and related graphics viapartnership.com • Exhibit B COST PROPOSAL HOURLY RATES $140 $70 $125 ESTIMATED HOURS t t ° s E p N CL a`) o am _ cIL moo- s E T s T Q � > W Phase Title u N N W Project Organization and 5 0 2 7 $950 1 Mobilization 2 Research and Analysis 30 0 3 33 $4,575 3 Outreach and Engagement 30 0 5 35 $4,825 4 Program Planning 25 2 5 32 $4,265 5 Technical Recommendations 25 2 5 32 $4,265 6 Plan Development and Approval 30 10 20 60 $7,400 Total fees 145 14 40 199 $26,280 EXPENSE ESTIMATES Estimated Expense Unit Air/Car Hotel Per Diem Costs Trips R/T 3 nt $100/da Via/McKinley 3 500 440 300 $3,720 Total estimated expenses $3,720 ESTIMATED TOTALS $30,000 viapartnership.com Exhibit C ESTIMATED PROJECT SCHEDULE WEEKS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 Phase 1 —N Nor— Phase 2 Phase 3 Phase 4 Phase 5 Phase 6 Site visits marked with Dates and timeframes are approximate. Assumes a February 1 start date. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Proposed Updates to Title 2, Meridian City Code, regarding City Commissions Mayor Robert E. Simison City Council Members: C� E IDIANI.T., Luke railer,Cavener,i President � Liz Strader,Vice President Brian Whitlock U A U Doug Taylor John Overton Anne Little Roberts MEMORANDUM DATE: January 21, 2025 TO: Mayor Robert E. Simison Meridian City Council FROM: Emily Kane, Deputy City Attorney RE: Overview of proposed updates to Title 2, Meridian City Code This memorandum is provided to update you on the proposed changes to Title 2, Meridian City Code, which relate to the creation and operation of City commissions. I prepared this update to Title 2 as part of a greater effort to review and streamline Meridian City Code. The City of Meridian's 2021-2025 Strategic Plan includes this goal: "[U]pdate ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens." One of the enumerated strategies supporting this goal is to "perform a complete review of all ordinances, codes and policies in the City of Meridian to assess their value and relevance to the community." To that end, the City Attorney's Office is undertaking a comprehensive overhaul and restructuring of the City Code, in order to improve the Code's clarity, consistency, effectiveness, and navigational utility. The updates to Title 2, Meridian City Code, including the attached provisions regarding City commissions and committees, are part of this project. Among other things, the changes to Title 2 will: • Establish uniformity in the structure of the code—each section covers establishment of the board, duties and powers, qualifications, and meeting times. • Establish uniformity in substantive provisions for each commission's internal operations (e.g., bylaws, officer titles, annual reports, commissioner rules, appointment process, size, term, vacancies, additional terms, City staffing). • Move redundant provisions in each commission/committee's codes into one general section for each type of commission. • Update ordinance language to incorporate, rather than reiterate, the relevant Idaho Code provisions related to the statutorily governed commissions. • Clarify language related to Commission membership. • Categorize City commissions into: — Advisory commissions, which make recommendations to the Mayor and City Council on specific subject areas (e.g., Arts Commission, Parks & Recreation Commission), and — Statutory commissions, which operate pursuant to a statutory mandate (e.g., Planning & Zoning Commission, Impact Fee Advisory Committee). • Categorize City committees into: — Ad hoc committees, which are informally created to work through a specific subject on an as-needed basis (e.g., precious metals task force, golf course committee) and City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org — Standing committees, which are formally organized for a recurring purpose (e.g., Districting Committee, Compensation Committee, Utility Billing Review Committee). • Clarify which bodies are subject to open meetings laws, public records laws, and governmental ethics laws. • Remove references to outdated functions or operational functions that are now handled by City staff. I presented the proposed changes to each commission. The commissioners' questions and comments are summarized on the following pages. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org COMMISSION FEEDBACK ON PROPOSED TITLE 2 UPDATES Parks &Recreation Commission, 3/13/24 Commissioner Dennington: Does MPRC have members residing in the area of impact as required? Commissioner Roberts: What is the history? Kane: We do have a member who lives in the area of impact. Different commissions have different residency requirements and subject matter experts. MPRC is all professions and all walks of life because everyone uses parks; this includes AOI residents. Will review the residential requirement as written. Siddoway: Commissioners must be City residents or AOI residents to get perspective of future city residents. Commissioner Greer: Serves on Eagle Design Review board;having an interest+expertise+care about the area where one lives generates beneficial input. Commissioner Dennington: Do other departments submit annual report to City Council?Are they available? Siddoway: All other commissions do submit annual reports to City Council in the form of a verbal or PowerPoint presentation.MPR Department does a written annual report,but most other departments do not. Finance also does a quarterly report. Commissioner Bobo: Projects like the code update are time consuming; appreciates acknowledgement that MPRC stays on top of its requirements. Any changes to flag that will make a difference for the future? Kane: MPRC very functional,reliable so changes will not impact MPRC, no big recommended changes in conducting business. Siddoway: Draft does add clarity regarding attendance provisions—calendar year v.rolling 12 months. Commissioner Roberts: Changing from president to chair? Kane: Yes,this will be a change for all commissions,for uniformity. Commissioner Roberts: Is there a legal reason to delete appointing members of MPRC to subcommittees?Is it a good idea to have subcommittees? Kane: The provision being deleted refers to the Mayor's appointment of commissioners to bodies other than MPRC. Mayor can do that without this provision. MPRC can still have subcommittees even absent this provision. Planning and Zoning Commission,Email update 3/25/24 No questions;no feedback. Arts Commission,4/11/24 No questions; no feedback. Solid Waste Advisory Commission,4/24/24 No questions;no feedback. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org Historic Preservation Commission,4/25/24 Commissioner Johnston: Can HPC still have special meeting in November and December? Kane: Yes,can meet once or both months via special meeting. Commissioner Johnston: Changing from president to chair? Kane: Yes,this will be a change for all commissions,for uniformity. Commissioner Freeze: OK for commissioners to research available grants?OK to make phone call or email inquiry? Kane: Research is OK. Applying for grants is not. Only City staff can apply for grants,because grants can be a heavy lift for the City with regard to tracking, accounting,reporting, contracts, etc. City does have grant policy that applies to City staff regarding management of internal resources that are used to comply with grant requirements. Commissioner Giacomo: How will we address commissioner Johnston? Commissioner Johnston: Mr. Chair. Transportation Commission, 5/6/24 Commissioner LeClaire: Draft says that commissioners must be reappointed by unanimous vote of Council. Is that how it is now? Kane: Yes. Commissioner Lewis: New code and bylaws say different things regarding meetings. Can language in bylaws be copied into code? Kane: All commission bylaws do need an update. Recommend that we keep code general and when meetings fall on holiday, cancel meeting and notice a special meeting on another day if the commission wishes to still meet that month. Will look at bylaws and determine how best to match them up. Commissioner Steed: The bylaws were created by the TC.The code is created by City Council. Which governs? Kane: The City Attorney's Office wrote the model bylaws and customized them slightly for each commission. We need to go through and eliminate overlaps in code and bylaws because when the code changes,the bylaws become inconsistent. Would like to avoid reiterating in bylaws that which is in city code.Where there is a conflict,the city code supersedes. Commissioner Steed:Who does this? Kane: I do; will involve TC when it is time. Commissioner Steed: TC follows the 2-hour meeting limit. Would like to talk about that when the bylaws are updated. What happens when we have meeting on holiday? Hood: We cancel that meeting and notice a special meeting for the reschedule one. Typically try to do tour/mobile workshop then. Or just cancel. Commissioner LeClaire: The ordinance review subcommittee will look at bylaws. Should qualifications of office be a preference instead of a requirement? How much does mayor follow that?Can put preferences in bylaws rather than qualifications in the code. Concerned that someone will file a complaint. Kane: Will provide this feedback to mayor and Council. The mayor's office does follow the code in making appointments. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org Commissioner Lancaster: How are ordinances like this revised? Kane: I will present the proposed ordinance to City Council. When they are ready to move forward,the statute requires 3 readings before City Council,or Council may waive. Public hearing is not required. Commissioner Steed: Why delete"at the time of appointment"regarding age of youth commissioner? Kane: These are extraneous words because appointment is the moment at which the qualification attaches;not disqualified if turns 18 during service. Commissioner Steed: How are vacancies handled?Does a newly appointed commissioner complete vacating commissioner's term? Does it say that? Kane: Yes,the newly appointed commissioner completes the vacating commissioner's term. Commissioner Steed:Why remove section 6 [regarding maintaining a list of commission members]? List still kept somewhere? Kane: Yes,the City Clerk tracks this information. This function is moved to Title 1 and will be listed as a duty of the City Clerk. Commissioner Steed: Struck 5 lines of establishment of purpose. Agree with"other federal and state agencies,etc."but wants to leave in that purpose is "transportation planning and the safe and efficient movement,etc." Kane: Thank you,will move that forward. Commissioner Song: Termination clause—if miss half of the meetings,mayor can terminate commissioner's membership. Does this apply to Zoom attendance? Kane: Zoom attendance does not count as absence. Commissioners can attend meetings via Zoom or over the phone per Idaho Open Meetings Laws. Commissioner Song: Disqualifying absence from half of meetings is in calendar year? Kane: Yes,this is attempt to make that more clear. City Attorney's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-898-5506 . www.meridiancity.org 1/21/25 DRAFT Updates to Title 2, Meridian City Code Title 2-COMMISSIONS AND COMMITTEES CHAPTER 1.-ADVISORY COMMISSIONS;COMMITTEES BOARDS COALITION 2-1-1.=Advisory Commissions. Commented[EK1]:Updated provisions create categories for City boards and groups: A.All advisory commissions. The following provisions shall apply to all Gity-advisory commissions,which 1.Advisory commissions. Established/operate per City shall be defined as commissions created by City Council for the purpose of advising the Mayor and City Code+focus ry general City functions Arts, Historic Preservation,Parks&Rec,Solidd Was Council on specific subjects,pursuant to and as enumerated in this chapter. Advisory commissions shall Transportation. include'ReWdiRg,bu a wA+ted4e,the Meridian Arts Commission,the Historic Preservation 2.Statutory commissions. Established/operate per Idaho Commission,the Parks and Recreation Commission,Piann'nrt..... Zoning Gem iss ,the Solid Waste Code+focus on statutorily enumerated functions-e.g., Advisory Commission,and the Transportation Commission. Planning&Zoning Commission,Impact Fee Committee. 3.Ad hoc committees. Established/operate informally as needed+focus on specific objective or interest area— B.A. PreviSiens..Creation of advisory commissions. e.g.,MYAC,dog park committee,UN committee. 4.Standing committees. Established/operate per City I!.[ T-he-mayer has the allthOFity to create-variews--cGFnm-issions-to advise the Mayor and City Code+focus on specific City actions-e.g.,Utility Billing !'........:I,. +�.,. ,...if:.. ,,hi.ets !-......ahiishpd fee the missien � � Review Committee. Commented[EK2]:Moved to 2-1-1(1))(1),below -2--. Advisory Commissions`hall h ereated may be established by ordinance,and may be eliminated by repealing the establishing ordinance. _ Commented[EK3]:Covered by Idaho Code(Open .limited. ..I,;Rg of FniRwtes Rd shall be epeR te the public to atte J Meetings Law) Ser _ Commented[EK4]:Consolidated with 2-1-1(B)(2),above. C4. Duties and authority_advisory_commissions. _ _ _ _ _ _ _ _ — Commented[EKS]•Reworded and made uniform 1, _ _ _ throughout Title. rhall h..deemed adviseFy Rd shall. �a The advisory commissions shall be recommending bodies,and shall make recommendations to the Mayor and City Council, within the scope of each commission's respective duties,as set forth in this chapter.All after such approval Shall have,the farep and..ffprt of+his+itl.. 12.lEach advisory— co_mmission shall adopt bylaws for th_e proper cond_uct_of the_commissio_n's_ _ , Commented[EK6]:Moved these provisions to this business.All commission bylaws are subject to approval by the Mayor and City Council section for all advisory commissions to promote uniformity after recommendation by the Commission. and eliminate redundancy: -Bylaws -Chair/vice chair 3. Annually,each advisory commission shall elect a chair and vice chair,who shall serve in -Annual report such roles for twelve(12)months. Added prohibitions for Commissioners: -Entering into contracts(including verbal agreements)on 24. pert.YTtCIn addition to duties set forth in the respective commission bylaws, City's behalf the CommissiaR ChaiF.chair of each commission shall submit an annual report to the -Applying for grants Mayor and City Council regarding the Commission's activities and accomplishments�a-tk�e •Entering private property fi wthpranrp mf the objectives of this tiflp This shall not apply to the Planning and Zoning. Page 1 1/21/25 DRAFT Updates to Title 2, Meridian City Code 5.Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City,or to make any verbal or written agreement binding the commission or the City.Subiect to City policy,City staff may apply for or accept grant or other funds on behalf of the City and/or in the name of a commission or committee. 6.Volunteer commissioners are not and shall not be authorized to enter private property, buildings,or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 17.�clvisory commissions and the respective commissioners thereof shall comply with the Commented[EK7]:Update clarifies which bodies are Idaho open meetings laws,Idaho Public Records Act,and Idaho Ethics in Government subject to Idaho Code Title 74,Transparent and Ethical laws. Government(open meetings,public records,governmental ethics). D Aiengb^ �"'^Advisory commission membership and qualifications. *^rT — Commented[EK8]:Moved these provisions to this section for all advisory commissions to promote uniformity 1. Appeintment,Commission members shall be appointed by the Mayor and approved by and eliminate redundancy: the City Council on a vote of a majority of the City Council members,and commission -Appointment -Size members may,in like manner,be removed or replaced. -Minimum age -Commissioners are volunteers(uncompensated) 2 c'-^ '^^ ^^ Each commission shall consist of up to nine(9)members. -Commissioner term is 3 years -Youth commissioner term is 1 year 3. Commissioners shall be that m,-over eighteen(18)years of age7 at the time of -Process for partial terms appointment,w4l;- x ept that one(1)member w49-of each commission may be -Process for vacancies designated to represent youth,which commissioner^ may be at the ^^f^r -Process for additional terms of service Attendance requirements maunder eighteen(18)years of age. -City staff assignments to support commissions 9�4. GempeasGtien.All Commission members and the officers thereof shall be volunteers, and shall serve the City without salaFy OF compensation for theiFsuch service AR the moon.This shall not apply to paid,.ity^.eth^.geye ^^+.I City staff appointed to a commission within the scope of their employment^^rernmi«'^^m as part of their• ork 45. TerMS•Al' ^'«'^^+^•-ens Each commissioner's term shall be fGFa peKied of hree(3) years,except that each youth commissioner's term shall be eRe(1)pesitieR that may be Fnpmheic shall ,.fee +^.. of one(1)year.r,...missiener appeinted te the passage ef this title may sepve tho full#zri;q that they wepe appeiRtod to itially and the n -rnhpF eftprrns ;hall nnt hp rn,-ntpd toward any subsequent limitations. §6. Pap6of tprm§ GA commissioners may be appointed to a partial term when t;e aFe appointed to foil aR existiRg seat that has h,.eR vaeated due+ FesigRatiARal 'ammis~eRers may alse be appointed te a paFtial tefn4to complete a vacating commissioner's term,or when a new seat is established to all,.•.,the term expiFat^^to align with the ether s ats en the commission's ration+iFne p Gd Partial+..FM Page 2 1/21/25 DRAFT Updates to Title 2, Meridian City Code Commented[EK9]:To be moved to Title 1 f-A-ure seats;v.fith the starting and ending dates of each Fespertive term. f8F the initial appeintment te a_.'Wh,the seat te align 40.4h the ethpr spats en the 7. r ,Grim 4teF ..Gnd. t, i2nts.%nil enremmissien term^ r If a commission seat is or will be vacant,the Mayor's Office shall publicly notice the opportunity to apply for the seat ^'i.i^^ II be p bliely noticed f..r appointment to t"^ eat.The incumbent commissioner may reapply for the sange seat. 8 Si4ec-essive teFms.Commissioners may serve up to two(2)consecutive full terms—,affd ludi any pai4mal term they may SeFye pr oF to appeintmeRt t a fell t ,without separate approval.A third or all-successive terms must be approved by a unanimous vote of the full City Council unless^t"^r..,i.^provided by law or ordinance.A partial term shall not count as a term for the purpose of this provision. 9. .runnel.as they.,,..r..,..leet^.I unless seem,.I etheMise by law.AdditieRally, The mayor shall remove any commissioner#kat who misses one-half(%)of the meetings tfaataFe held by the commission to which such commissioner was appointed in any twelve menth calendar yead as of _ _ _ Commented[EK10]:Clarified to avoid confusion,aid December 31. tracking,and provide clean slate at each new calendar year. tO PFBVide legal adviee and eyeFsight,and a designated staff membep shall be assigRed to did._Budget;expenditures;staffsu_ppo_ — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — Commented[EK11]:Updated for clarityandsimplicity' \ Reiterates that volunteers may not bind City via contract. I A rPnqnq',;,;1E)n may be provided a budget with the approval of the City Council. Formatted:Indent:Hanging: 0.6" -21. T#e City Council may provide commission's budget may be GFeated funds for an advisory commission's activities through the legally FeqHiFed budgetary process ai;d det^rmonPE' state OF leGal^ entr ..r fr...r.GiviG and^ .at..r and m ait with them e a P_..titi..�and^ vide information and r erts a � ..tr 3. The",,, aAny expenditures or contracts related to a commission's activities shall be administered, it"the ^liemes,by the designated eity depaAmeRt OF City staff liaiseamember assigned to the commission,subject to City policy```r.� "e No volunteer commissioner shall be authorized to enter into contracts on behalf of the City,including those related to services,goods,or the acceptance of grant funds. Page 3 1/21/25 DRAFT Updates to Title 2, Meridian City Code 141 The City Attorney or designee shall be assigned to each commission to provide legal Commented[EK12]:Moved from membership section, advice and support,and designated staff member(s)shall be assigned to each commission above. to provide administrative and operational support. F.Meetings. Regular meetings of advisory commissions shall be at Meridian City Hall,at _ Commented[EK13]:Moved this provision to this section the date and time specified by City Code.If the regular meeting date falls on a holiday,City for all advisory commissions to promote uniformity and election day,or primary or general election day,the meeting shall be canceled or rescheduled, eliminate redundancy. as the chair directs. If a quorum of the commission is not available for a regularly scheduled meeting,the meeting may be postponed to a different date and time,or may be canceled. I, + , Committees,beaF,l. coalitions. / Commented[EK14]:Moved to chapter 3(Committees) A. Rrevisiens1. The Mayer has the authority te eFeate various committees,boards,task forces,or coalitions te advise the MayeF and�eF the City GeuReil eR the speeifie subjeets established fAF the group. 2. Unless,;created by ordinance or statute this type Of gFOup shall not be subject to thp Idahe Code provisions in regaFdS tO open meetings. title,n ,.hapteF 7 of this C,..Ie and the A-Rape!of Adju t..eRtsUtility Billing Review Committee de-,;PFmhp'mR thog tit' . B. ""—�ti""'"%ir Y g9VeFAMeRt..I I- ..FF.. EFOMMitteeS aS PaFt of the .I. CHAPTER, ARTS CO AAAISSIGAI I2-1-2.&ts Commission. Commented[EK15]:Structure for each advisoryI� commission's code: IA.Itstablishment;purpose. There is hereby established ar-the Meridian Arts Commission,the A.Establishment-Why is the commission established? purpose of which shall be to -k-1 advise the Mayor,City Council,and City staff B.Duties and powers-What is the commission authorized to do? on matters regarding Meridian's arts and cultural resources,^..ha e the eity' the City's C.Qualifications-Who may serve on the commission.? aesthetic environment,and pfewet-the development of economic,educational,recreation, D.Meetings-When does the commission meet? and tourism opportunities within the-eity-Meridian through the advancement of publicly Commented[EK16]:Reworded for clarity and uniformity accessible arts and cultural enrichment. with other advisory commissions'provisions. I Duties and POWeFS. AaB. Duties and powers. The Arts Commission shall be authorized to support, Commented[EK17]•Reworded for clarity and uniformity provide input,represent the public interest,and make recommendations to the Mayor,City with other advisory commissions'provisions. Council,and City staff regarding: Rather than focus on specific tasks,focus is on subject 1. Assess4The needs of the Meridian community with regard to the arts and rna ^ h matter areas in which commissioners are the experts ..F.......-.t:...... ailalale to the r:ty Ge neil and all i ed ageneies and p , or the eyes and ears of the public,or both From here,plan to move quickly through the advisory commissions. Plan to hit the highlights and keep moving Page 4 unless you have a question. 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2 ctim.-Ulateand iatiGn e The importance of publicly accessible arts and culture,and ks-their benefits to the community; festeF the develop — Commented[EK18]:Moved to/reworded in section(11), — — — — — — — — — — — — — — — — — — — — — below reeeptive 4 °^•''^w and advise the City Council^ 'The aesthetic aspects of works of art or public monuments-ndc-r rensielprati^„}^"^^ ^^*^'^ n^'to be installed by the City of Meridian; 15.1 Provide input and_advice_to City staff on operational functions_related to the arts. Commented[EK79]:Added to include and clarify this function of commission. 9F&R+9te�The development of,and provide general information and encouragement to,the city's cultural organizations,artists,institutions and community organizations sponsoring arts activities; Commented[EK20]:This is an operational role of staff/Arts&Culture Coordinator;current language will conflict with Meridian City Code section 2-1-1(E)(3),which says that City staff handle contracts(including grant contracts). Commented[EK21]:This is an operational role of dec-mom„ y to rarry „the f- �„�Fi^„ „f the staff/Arts&Culture Coordinator Commented[EK22]:This is an operational role of Arts& GARtiRUAtiAR .+development of publie pFegFaFns fuFtheFiRg the Culture Coordinator—Changed to"Make recommendations regarding management and disbursement of funds dedicated to City arts programming"—section(e)(9),below. pursuance eft"„objectives„f this chapteF;and Commented[EK23]:This is an operational role of staff/Arts&Culture Coordinator—changed to"Make recommendations regarding matters relevant to the commission's purpose in the planning processes undertaken 407 °^^peen end erdina^"^"and^'"^"wife^ "^l^infeYmatien{ni the PuFpeses^f by local,State,or Federal agencies"—section(13)(10),below. advanrpm^„�^f City policies and activities to advance publicly accessible arts and cultural enrichment in the 6Wt ;Ct . Recor]1 end 8 _In adoption o_fa strategic plan_for_the_arts in_Meridian. — — — — — — — — — — — — Commented[EK24]:Added—MAPS funds are tied to MAC Strategic Plan. 19.1—The management and_disbursement_of funds dedicated to City arts_programming. — — — —, Commented[EK25]:Added(13)(9-11)to reflect current MAC functions. 10.Matters relevant to the commission's purpose In provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. Will see this language 11.The development,growth,and preservation of the City's art resources,a receptive climate for repeated for each commission the arts,and self-sustaining arts programs within Meridian. Page 5 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Qualifications. All members ofthe Arts Commission shall have an interest,competence,or knowledge in the arts. L Commented[EK26]:Moved to Meridian City Code A0 Officers.At eh ealendaicyeaF,the mpmhers efthe.A.4; --;hall meet section 2-1-1 May est assistance F...M the City Oprk B. Rules Gnd b)4Gws.The Arts CernmisSion shall adept bylaws,rules and Fegulations fbF the prepe apPF8Yal of the nA.y8F aAd!'It„ aftpF r „da „by the 1=_G .....ir..iAR 2-2-5 -Meetings D.Meetings.The Arts Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,Path ^^th^^th at 3:30 p.m.,on the second Thursday of each month. unless,at the fiFSt Fneeting of eaeh ealendaF yeaF,the Cem'Fnissien shall establish a meeting sehedule fer the ea!eRdaF year in vihieh eveRt the published sehedule shall apply.Thl-COMMOSSiAR shall I(eep Commented[EK27]:Covered by Open Meetings Law and Meridian City Code section 2-1-1. CHAPTER. wcTnolC oorccoVATlnni COMMlccln Al 12-1-3.Historic Preservation Commission._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK28]:structure for each advisory commission's code: 2 2 9 Establishment. A.Establishment-Why is the commission established? LA.establishment;purpose.There is hereby established a_Historic Preservation Commission,the purpose B.Duties and powers-What is the commission authorized_ to do? of which shall be to^ th.. E t: „,I ..It...,I ?eeRemie „a^ ml welfare of the public of \ C.Qualifications-Who may serve on the commission.? the,.;ty t"r^,,gh th..advise the Mayor,City Council,and City staff on matters regarding the \ D.Meetings-When does the commission meet? identification,evaluation,designation,documentation,and protection of these buildings,sites,areas, Commented[EK29]:Reworded for clarity and uniformity structures,and ebject-sartifacts which reflect significant elements of the,.it.,'. the tat and the with other advisory commissions'provisions. nat'nn'r Meridian's historic,architectural,archaeological,and cultural heritage. 2-2 2. Puties and pewelrs- IB.I uties and powers._The Historic Preservation Commission— shall be authoriz_ed to support,provide _ _ Commented[EK30]:Reworded and reformatted for commendations tothe Mayor,City Council,and clarity and uniformity with other advisory commissions'input,represent the public interest,and make re City staff regarding: Again addressing subject matter instea po�specific tasks 1. Conduct^r" vey-Surveys of local historic properties in Meridian and Meridian's impact area for the purpose of documenting and identifying significant historic properties,including those potentially eligible for the National Resister of Historic Places. The nominations of properties in Meridian and Meridian's impact area to the National Register _ , Commented[EK31]:Moved from below of Historic Places. o^,.,....,.,.„ l th..Iacquiriti „efF kee „d4ess..r interests On historic properties, Commented[EK32]:HPC does not typically recommend „eluding adjacent^ i,t^rt lands by„ Khase bequests, F denatien, that the City purchase or otherwise acquire historic properties. Covered by catch-all authorization in section Some outdated language in HPC's (13)(7),below,if necessary. provisions Page 6 1/21/25 DRAFT Updates to Title 2, Meridian City Code A Rprpmmend methods and PFOcedures necessary to pFeserve,restore,maintain and a erate ........ ease,sale,ether tFamsfeF 8FI&PGSWGA Gf hiStffie ff8pekies subjeette Fights Commented[EK33]:HPC does not typically weigh in on of publie acieess Rd Athep,.,.,,,.RaRt,.and; that will pFeseFve the p private real estate transactions related to historic properties.Covered by catch-all authorization in section (13)(7),below if necessary. Commented[EK34]:This is an operational role of . .. ......applicable laws and city policies,including these regaFding purchasing,the employment Of OF the contracting with etheF parties,OFganizations, staff/Arts&Culture Coordinator;violates Meridian City Code section 2-1-1,which says that volunteers may not bind City via contracts(including grant contracts). the f�� Af the h'c 3. Methods and procedures necessary to preserve,restore,maintain and operate historic properties in Meridian and Meridian's impact area. Commented[EK35]:This is an operational role of staff/Arts&Culture Coordinator Commented[EK36]:Consolidated in section(13)(5),below fe de ..I g RGI theageRemes of theseentities.8. / _ _ _ _ e_s_R—Rd_ _ _ _PFGYide_infermilti9n,_ _ _PUFP95es_ his_ _ _ _ _ Commented[EK37]:This is an operational role of the staff/Arts&Culture Coordinator 4.9. P•^^.^t^anH_^^^^' ,et an^Edu cat ional and interpretive programs on historic preservation and historic properties in tK -eityMeridian. Peyiew-n _ _s Gf PFE)Pekie5_the_ _ _ _FegisteF_ef_WSWNG _places_ _feF _PFGPeFtme&_ _ Commented[EK38]:Removed this as a specific function ••:th;^the ty, ,,.;5diI 4EEW. due to rarity+it is covered by catch-all authorization in section(13)(7),below if necessary 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. 111.� ReeGmrnend for City Council approval suCh OFElinances,special Cmnrikonns ar rp4rietions as Commented[EK39]:Covered by authorization in sections (13)(6)and(7). 6.Opportunities and actions that may further the protection,enhancement,and preservation of historic properties. Commented[EK40]:Volunteer commissioners must follow open meetings laws regarding site visits+violates enly with the expFess,.,...sent of the ,,CGLIPaAt th,,Feef Meridian City Code section 2-1-1,which says that volunteers may not enter private property without consent. 7.The preservation of buildings,sites,areas,structures,and artifacts which reflect significant elements of Meridian's historic,architectural,archaeological,and cultural heritage. Page 7 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2-2-2.-membership;qualifl. C.Qualifications.All members of the Historic Preservation Commission shall have a demonstrated interest,competence,or knowledge in history or historic preservation.The City Gawnei1 s"„"^~d^„vA te-appeip�At least two(2)members with-should have professional training or experience in the disciplines of architecture,history,architectural history,urban planning,archaeology,engineering,law, or other histepiG ppese atien•^late•'&Gip"^^sprofessions related to historic preservation. F34- Commented[EK41]:Moved to Meridian City Code section 2-1-1 rie"i,. 9. Rules GR4 The wistepir,ppeseFvatieR CemmissiaR shall adept bylaws,Fules and FegulatieRs Fegulations aFe subject to the approval of the Mayor and City Council aftpF recernmPnel tion by the r,. 2 2 G m Meetings. Metro^,. s-r -�r6T D.Meetings.The Historic Preservation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue,Meridian,Idaho,each monthat 4:30 p.m.,on the fourth Thursday of each month lexcept November and December unless,_at the fiFst meetiRg of each ealeRd^•yeaF,the _ _ _ Commented[EK42]:Added per HPC Coordinator's request due to holidays. t th„hi „t the Commission. Commented[EK43]:Covered by Open Meetings Law. CHAPTER A PARKS AND RliCUATION COMM 2-4 1. EsUa blkh At I2-1-3. IParks and Recreation Commission. _ _ _ _ Commented[EK44]:structure for each advisory commission's code: A.Ltablishment,purpose.There is hereby established a Parks and Recreation Commission,the purpose A.Establishment-Why is the commission established? of which shall be to W9FI(OR eeRj u„�'.„ ,'th the PaFl(, Depme.tnt stria and t^advise the fA3yeF \ B.Duties and powers-What is the commission authorized to do? Mayor and the CityCouncil O~the BFdeF!y and Pffiri^~t„EI~'~ t „t^~Af on matters regarding the \ ? C.Qualifications-Who may serve on the commission. City parks system and recreational programmins t^„ "^ ^'„^'t^ ~„^„'^' ~„'^„ ^t"^• \ D.Meetings-When does the commission meet? ' Commented[EK45]:Reworded for clarity and uniformity with other advisory commissions'provisions,and to reflect 2-4-2. Duties and poweFs. current objectives of commission. 113.I uties and powers. The Parks and Recreation Commission shall be authorized to support,provide_ Commented[EK46]:Reworded and reformatted for input,represent the public interest,and make recommendations to the Mayor,City Council,and City clarity and uniformity with other advisory commissions' staff regarding: \ provisions. Subject matter rather than specific tasks Formatted:Indent:Left: 0",First line: 0" Advi,;Pthp City Council and the Mayeraste the best use efall public pad(sand any land OFlGtS Page 8 1/21/25 DRAFT Updates to Title 2, Meridian City Code purposes,and as,;i wh to make recommendation regarding the oFnamenting,adeFning,laying eut and improving of the grounds of said parks,7 1.The design of City parks,pathways,and related facilities. 12. _ _ mie _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK47]:This is an operational role of the MPR Director. facilities i^the city. Commented[EK48]:This is an operational role of the MPR Director/Superintendent. Git�T Commented[EK49]:This is an operational role of the City . .. .f«...� . d�h.,,hh... i II.,617, .I.. .,. d. Arborist..I^t . &.2. D^^.^..^^t the publie intPFPI# ^Ling suggestiens and FPrAnqnqPndat'An--;f...the Recreational and Wisi ire programming and activities. 6-3 PFOpese plans,FerempneRelatiens and suggestiens f...th^The future growth,development and regulation of park,playground,and recreation facilities of the city. g Commented[EK50]:This is an operational role of the — —a — — st — — — f g— — — — — MPR Director. ef the MaYOF and City GOURGil. PI _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _s _ _ _ _al _ _ _ _ _ _ _ _ _aR5 Commented[EK57]:This is an operational role of the th MPR Director. ppepesal being submitted to Cit.,Geu RGil f^.appreval. 9-4 Suggest and Fecernmend wh Facility rules and regulations necessary and desirable to GaFry ut the intent of this^hapt... 44975. Revie••and the The Parks and Recreation ;•Master Plan and any subsequent updates or revisions. Commented[EK52]:Moved to/reworded in(B)(6),below 6.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. Commented[EK53]:This is an operational role of the dati,,.s to the n4.a-Y r di g these r .d*rlat Mayor. Mayor may ask one commissioner to participate, but this is not a role of the commission as a whole. 113.� impfeve and correlate the PFOblerns efigovernmental administration of all recreation and Commented[EK54]:This is an operational role of the l^;SWFe^ ,.f th..^ MPR Director. Page 9 1/21/25 DRAFT Updates to Title 2, Meridian City Code Commented[EK55]:Committee appointments are thp Park,;and RprrPat*mn Cm m qsmn rnnrPrnOng particular facilities OF PFOgFams of the park covered by bylaws;community info is an operational role of and Ipisi we m „f th,.e Marketing Coordinator. _ _reeemmendatiens_ _ _ _ _establi-shment_ f all feer_feF_faGilityFeSeFVatiGAS_ _ _ Commented[EK56]:Finance works with City staff to ,and establish fees in accordance with statute. the Pstahl*sh..pnt Pf fppq for urban forestry 7. The development,growth,maintenance,and improvement of City parks,pathways,and recreational facilities. 8.Serve as the City's Tree Board,pursuant to requirements of the National Arbor Day Foundation regarding the City's designation as Tree City USA. Commented[EK57]:Covered by Meridian City Code yeaps..f„ aFe eligible t seFve 9R the Papkg RRGI R.PGF,...tiAR.C,...miss;,.., section 2-1-1 C.Qualifications.All members of the Parks and Recreation Commission shall have a demonstrated interest,competence,or knowledge in parks,pathways,open spaces,sports,or recreation.All members shall reside within City limits,except that^one(1)or two 2 members sf44,M a reside in the be-a Commented[EK58]:Changed AOI representation on Fe,;mdPRt aff the area of impact but R thaR t •-o(" be%• •heappe to f. . ,.dep,#of Parks&Rec Commission from mandatory to optional. h n n OFganization • Commented[EK59]:Moved to Meridian City Code section 2-1-1 B. Rules Gnd bylotvs_The Pap'(,;and ReeFeatieR GeMM.iq1;iAR 1;hRl'adept bylaws,Fules and Fegul@tieRS o n c Meetings D.Meetings.The Parks and Recreation Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,eaeheRth at�-��.394:00 p.m.,on the _ _ Commented[EK60]:Changed time of Parks&Rec second Wednesday of each month.unless,at the 4st meetiRg^f eaeh Ga!eR aF yeaF th^ Commission meetings per Commission request. published sGhedwle shall apply.The Gemmissien shall allew and premete pwb!*G paFtiGipatien the meetings of thp Commission Additional meetings of the Commission may be scheduled by the r•.....rn',; *E)nnecessary to carry out the business of th..r........;«�.... — Commented[EK61]•Covered by Open Meetings Law. S. — Commented[EK62]:Moved to Chapter 2,below 3-5 1. crtah"sh nt. Page 10 1/21/25 DRAFT Updates to Title 2, Meridian City Code T-heFe is heFeby established a planning and zening commission,the PUFpese of which shall he te- advise the Mayor and City Council in regards to matters that rpm P beferp thpm-ndprtitle 67,chapter 6 F,Pf the Id ahn C; dp knnwn aq thp nea I I and qp P I a ning Act,title of th 0,;Cede known as thp Unified Development and and all ethelF laws within theiF 00 as defined the state,eF I.. .,I 9MORRAPP Cede, , 2 32.-Membership;q alifiratio„r The Planning and Zening Cemmis,;ien ;hall have a.Min.ilm.um.of three(3)membeFs.The members, nthpl,than.thesp from the impact area,must have resided in the county two(2)years and n the city for fesideRre FequiFempRt,;aq thAq,--,AthiR the rity,except that they need net have FeSided OR the eity for •.ith OLIt respect to political affiliations The CAFRFniq,;iAn ;hall eleet a ChamrmaR anel rFeate and fall any etheF 94iee that it may deem „dI14 a"Gth..r 1111;i....r1-i ..rd-RGP,.,ith IC 67 Cg7o 2_5_4 _Ruler records,and meetings-. A. Adoption Ofb�'iGVVS.Written organization papeFs eF bylaws eensisteRt viith this Cede aRel AtheF lavq of the state for the tr ctme Of 11 Of th..COMFROSSOOR May be ade ed ghal,he G. Meet4ny6.The Fegula!P meetings ef the Planning and Zening Gemm-ssien ef the Gity shall he held at Meridian City Hall,33 East BFeadway Avenue,Meridian,Idaho,an the first and third Thursday e Pach menth at 6:00 p.Fn.of said days.All meetings and rprerdq ghall be open to the pu 9 C_C _Expenditureq and staff 944 The!'......r...i,;r,*A..Shall ha-P tl...All It t f..rtl,i title 11,ehapteF[Af thi..Geel. Commented[EK63]:Structure for each advisory commission's code: CKA oTER G.-cF11n I.A AcSTETn�i1SORYrC^n^4195IG^I A.Establishment—Why is the commission established? 2-c 3. rrtahrrhment B.Dutiesandpowers—What is the commission authorized to do? 2-1-3. Solid Waste Advisory Commission. J C.Qualifications-Who may serve on the commission? D.Meetings—When does the commission meet? A.LEstoblishment;purpose. There is hereby established a Solid Waste Advisory Commission,the purpose „..r„..nd t Commented[EK64]:Reworded for clarity and uniformity of which shall be to^^„^^^ „ advise the Mayor d tl. City Council,and Public with other advisory commissions'provisions. Page 11 1/21/25 DRAFT Updates to Title 2, Meridian City Code Works Department staff on matters regarding solid waste collection and disposal.any new or amen'^' rules regulations,policies,and fees as such may relate to the orderly and eff..icient ad_rniniqtratien of thp .,'r,eit fully aut..mated r..Ii,J..ast..rellect*en system. I Duties and paweFS. A. th^ IB�.Duties and powers.The Solid Waste Advisory Commission_shall be authorized to support,provide Commented[EK65]:Reworded and reformatted for input,represent the public interest,and make recommendations to the Mayor,City Council,and City clarity and uniformity with other advisory commissions' staff regarding: provisions. 1. D...,i....,-....J....................J t..the n4a.,..r aAd the!'it.,GB A61 rb lleS Fee ilatiens ••Ordinances,policies,and fees related to'^'^'^ '^^the OFdeF'y and of ident monist atieR a€the eity's aut&R4a-t&dCity ,—'s solid waste collection system and disposal services. 2 Revme v and r ^ ^Programs and projects desigRed t ^,that promote,and improve the-residential and commercial solid waste and recycling management practices in the community,"^'^'^^that help reduce the mrneunt of that^^d�•^'^divert waste from the landfill- R�Review -c'n,aT^d reeemmeRd^r''Rn^^^^se ehangesf9F thepFpese5 of enSHr gthat the Commented[EK66]:Consolidated into section(1),above 1^ Reyiew and reeemmen d vales r lati9n5,^elieie5,and fees neees5a and i+�_ _ _ _ _ �=sa a��o �_ _ _ rim _ — Commented[EK67]:Consolidated into section(1),above Re desipalglet — Commented[EK68]:Covered by section(1),above agenemes ^a _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK69]:Operational function of the Solid at;Rlmel;.vaste Rd. ,eling faemlities and ;pPomees of theeity; l Waste Coordinator —— Commented[EN ed in section(5),70]:Moved to/reward this hapter; below — Commented[EK71]:Covered by other prand regulatory measures relating to the cost,epeFatien and management of the eky!& ovisions in this section 93. Heal,^^''Fp o*py.f^r^^'^t^''rSolid waste manage rent initiatives and concerns of sswes brought forth by citizens of Meridian,—or franchisee 9F staf,and provide recommendations on such matters to City staff'^he far 'Ir''^Gl to the Mayo•and rit y GGLI,Gil• crc'1"'com�cm_ 494. Manage Management and disbursement of funds in the Community Recycling Fund program including establish{ PFOgram peFieds and. .f.ing fund Rg availability;Feceive and Feview program and funding updates;review and Puall-atc. 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. 6. The development of solid waste initiatives that promote clean,safe,cost-effective solid waste management within Meridian. Page 12 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Qualifications.IAII members of the Solid Waste Advisory Commission shall be residents of the City of JCommented[EK72]:Shifts focus of qualifications to Meridian and shall have a demonstrated interest,competence,or knowledge in^,�6and solid Meridian residency. waste management.Commission r -rnbeFShip shall be Selected fre..the can^..,,.,^^ .Up to two(2) ('`McFi li^^Fesi 1^^'One member shall be under eighteen(18)years of age at the time of appointment to represent youth, r A beFS shall 19^McFIGIi^^. I,g,d^^.� Thek-I;hAll ^tWe(2) ^.; ^^ ^Fci^i .... ....beFS Fnade, ^c^.A representative 49n;the A&Fi ia!R Git y r^W^^ii and^ representative of the current solid waste franchisee shall serve as an ex officio member. 126 A OFganizati n • Commented[EK73]: Moved to Meridian City Code section 2-1-1(C) r,. D.Meetings.The Solid Waste Advisory Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue,Meridian,Idaho,at 4:00 p.m.,on the fourth Wednesday of each month.FegulaF FneetiRgs at the NAP-Fidi;IR City Hall,33 East 9Fe@dW@Y,NileridiaR,Idahe,at least quaFtffly. AdditiOrIal meetiRgs ef the eernmission may be seheduled as Recessary to carry out the business of the c-alendap year in whiGh event the pub4hc-d sehedule�ha 1 apply.All meetings ef the GGMM*SS.A.R.Shall h. P Commis""" n.I _ Commented[EK74]:Covered by Open Meetings Law. CHAPTER T -TDANSD/1DTA.T-IG l rr1A414415SI lAl 2-71. lista.lsl .^ t I2-1-4.Transportation Commission._ Commented[EK75]:Structure for each advisory IA.Establishment;purpose.There is hereby established a transportation commission,the commission's code: purposes of which shall be to provide a forum for cooperation,coordination,planning,and A.Establishment-Why is the commission established? communication between the City Af PAPFidi;IR and As-citizens and organizations concerned with B.Duties and powers-What is the commission authorized to do? transportation planning and the safe and efficient movement of vehicular and pedestrian traffic C.qualifications-Who may serve on the commission? throughout the community,`'"h Ath@F F^^I^'RI state and leral gevemmental^ D.Meetings-When does the commission meet? r Commented[EK76]:Reworded for clarity and uniformity Department(ITID),Valley Regional TFansit(VIRT),and thp Comm--no y Planning Association Al with other advisory commissions'provisions. Se-It Av ♦Mahe(GOMPASs4and to advise the Mayor,City Council,and City staff on matters regarding transportation in Meridian. 2-7-2 n,,ties and. B. uties and powers. The tFanspertatlewTranSportatlon^^ o Commented[EK77]•Reworded and reformatted for Commission shall be authorized to support,provide input,represent the public interest,and make clarity and uniformity with other advisory commissions' recommendations to the Mayor,City Council,and City staff regarding: 1 provisions. Page 13 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Receive,review,and makp rprnmmPndationq to thp city Council on all PAPr'd*an &ity Policies,programs,and issues related to Ttraffic Ssafety and Ttransportation Matt matters affecting Meridian. 12.1—suggest P+ejeets te the Gity Pewnei'that inerpase safety in pedestrian and Geheelt!Faffie and— Commented[EK78]:Operational function of that,.^..^..,u.,;......,..,,.+...ca,^s..a,.+.,+".,.,,..",.,,++"^,..., Transportation Coordinator -2 ReGeive review,and ^+^^ ^^ram,.; ++Motorist,pedestrian,and bicyclist concerns or issues referred to the commission by City Council,other political bodies,or City staf "an,that relate to transportation safety-Gf the traveling pubk. I^ &valTi+ate and-rpre-m—mp;mte the C+t Gewmeil;i„�^^4#e+;e t-affie safety ty and Commented[EK79]:Moved to below 53 Compile ^.I. ^.I to City CewR^a aRRually a r..+,.c+An annual list ofthe highest priority roadway,intersection,bicycle and pedestrian improvement projects for inclusion in state,regional and local transportation funding programs, such as the Community Planning Association of Southwest Idaho(COMPASSI long range transportation plan,Ada County Highway District(ACHDI's capital improvements plan,and Idaho Transportation Department(ITDI's long range vision/plan. 664 RP%4,-••and make RdatieRs+^Git y GeuReil^ +The annual budget and five-year work plan(FYWP)prepared by the Ada County Highway District( CHDI. i7.1 — Commented[EK80]:Deleted because covered above —Im,.'; 8._Review and — — — — — — — — — — — — — — — — — — — — — Commented[EK87]:Deleted because covered above— 19.1 _ _side"theF tFaA5PE)Ftati9R and tFa#06 Safety FnatteFS as — —l9e— — — — e — — — — Commented[EK82]:Moved to/reworded in subsection 2 b Gi+.,GBW mil Otl4 F^.J:+;,...I r.Wi.. G _ 6-4f / above 5.Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local,State,or Federal agencies. C.Qualifications. All members of the Transportation Commission shall have an interest, competence,or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of:Four(4)Meridian citizens residing within city limits,one position of which may be designated to represent youth;three(3)Meridian business owners or employees of a business in Meridian;and two(2)individuals with technical expertise and/or education in a transportation related field.The four(4)Meridian citizens should,if possible,represent different geographic areas of Meridian.Tallonvoting ex officio members shall be^^ include representatives from the McFi"^^City Council,^CH^ iTn COMPASS,VIRT .,Ad, G.^^^.-:elian l^,^+c^"^^'P:g+.:et 2 gta ff,the Ada County Highway District,Idaho Transportation Department,Community Planning Association of Southwest Idaho,Valley Regional Transit,and West Ada School District. h 7 n, GlFga..izat:Gn L Commented[EK83]:Moved to Meridian City Code section 2-1-1(C) .... __organ ze by electing a ChaiF,Vice ChaiF,and such other efficeFs as may be necessary. Page 14 1/21/25 DRAFT Updates to Title 2, Meridian City Code -R. R-ide,;Gnd by4Gws.The Transportation CommisSign shall adopt bylaws,FUles and regulations fe the proper conduct of the of the Commisgien The bylaws,rules and Fegulations are subject to the approval of the Mayor and City Co one afteF F ..lotion by the r....missien o 7 nneet*Rgs D.Meetings. The Transportation Commission shall convene regular meetings at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho,Parh me^�"^^�h at 3:30 p.m.,on the first Monday of each month.',mess at the fiFSt meeting of each calendar.ear the Commission hall Pstabli h a meeting srhedulp faF thp calendar year in which event the publishpri srhpdulp sh Ilapply.The the busiRess"f the'emm`ssie _ _ _ _ _ _ _ _ _ _ _ — Commented[EK84]:Covered by Open Meetings Laws. CHAPTER 2.—STATUTORY COMMISSIONS. 2-2-1.—Statutory commissions. A. All statutory commissions. The following provisions shall apply to all statutory commissions, which shall be defined as commissions created and governed pursuant to Idaho Code. Statutory commissions shall include the Planning and Zoning Commission and the Development Impact Fee Advisory Committee. B. Creation of statutorV commissions.Statutory Commissions shall be established as required by Some provisions of the relevant Idaho Code provisions the applicable provisions of Idaho Code. are mandatory;some just require that the City Code address certain operations C. I Duties and authority Iof sta_tutorV_com_missio_ns._ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented[EK851:Reworded and made uniform 1.Statutory commissions shall be authorized to act within the scope of each commission's throughout title. current term is"roles and respective duties,as set forth in this chapter,the applicable provisions of Meridian City responsibilities" Code,and the applicable provisions of Idaho Code. 12.1 Volunteer commissioners are not and shall not be authorized to enter into any contract Commented[EK86]:Added prohibitions for on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, Commissioners: or to make any verbal or written agreement binding the commission or the City. -Entering into contracts(including verbal agreements)on 3. Volunteer commissioners are not and shall not be authorized to enter private property, City's behalf -Applying for grants buildings,or structures in the performance of their official duties without the prior, .Entering private property express consent of the owner or occupant thereof. 4. Statutory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws,Idaho Public Records Act,and Idaho Ethics in Government laws. 15.1 Each statutory commission shall adopt bylaws for the proper conduct of business. Commented[EK87]:Added to comply with Idaho Code section 67-6504(c):"Written organization papers or bylaws D. Statutory commission membership and qualifications. consistent with this chapter and other laws of the state for 11.1 Commission members shall be appointed by the Mayor and approved by majority vote of the transaction of business of the commission shall be adopted" the City Council. Vacancies shall be filled in like manner.Commission members may be removed for cause by a majority vote of City Council. Commented[EK88]:Follows the process set forth in Idaho Code section 67-6504(a). Page 15 1/21/25 DRAFT Updates to Title 2, Meridian City Code 2. A commissioner may be appointed to a partial term to complete a vacating commissioner's term,or when a new seat is established. 3. Commissioners shall be over eighteen(18)years of age at the time of appointment. 4. All Commission members and the officers thereof shall be volunteers,and shall serve the City without compensation for such service. E. Budget,expenditures;staffsupport. 1. City Council may provide a budget for a statutory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered, by the designated City staff member assigned to the commission,subject to the City's policies.No volunteer commissioner shall be authorized to enter into contracts on behalf of the City,including those related to services,goods,or the acceptance of grant funds. 13.1 The City Attorney or designee shall be assigned to each commission to provide legal _, Commented[EK89]:Moved from membership section, advice and support,and designated staff member(s)shall be assigned to each commission above. to provide administrative and operational support. I2-2-2. Planning and Zoning Commission. Commented[EK90]:This section includes provisions required by Idaho Code section 67-6504 for the establishment and operation of the P&Z Commission, A.Establishment;purpose,authority.There is hereby established the Planning and Zoning without repeating the language of that statute or any Commission,the purpose of which shall be to advise the Mayor,City Council,and City staff particular provisions thereof(e.g.current MCC section 2-5-3 regarding land use matters,and/or make decisions regarding land use matters,pursuant to the reiterates 67-6504(3)(b)'ssubcommittee authority). This authority set forth in Title 67,Chapter 65,Idaho Code(the Local Land Use Planning Act)and Title eliminates redundancy and defers to LLUPA. 11,Meridian City Code(the Unified Development Code). Commented[EK91]:Reworded to clarify and conform to Idaho Code section 67-6504(a). 8B.bualification_s;term. The Planning and Z_oningICom_missio_n shall have at least three(3),but no more _! Commented[EK92]:Idaho Code section 67-6526 was than nine(9)membersl.At least one(1)member must be a resident of the City impact area,outside the updated by the 2024 Legislature,but the changes do not ) require a substantive change to our ordinance. The corporate limits;must have resided in Ada County for at least two(2)years prior to appointment;and relevant provision(Idaho Code section ordinance. says: must remain a resident of the City impact area during the member's entire term on the Commission. The other members must each be residents of the City of Meridian,must have resided in Ada County for "If the area of impact has been properly established, persons living within the delimited area of impact shall be at least two(2)years and in the City of Meridian for at least one(1)year prior to appointment,and must ) entitled to representation on the planning,zoning,or the remain a resident of the City of Meridian during their entire term on the Commission.Each member's planning and zoning commission of the city of impact.Such representation shall as nearly as possible reflect the term shall be three(3)years.No person shall serve more than two(2)full consecutive terms proportion of population living within the city as opposed without specific approval by a two-thirds'vote of City Council. to the population living within the areas of impact for that city." Population in Meridian city limits is 142,830. C.Officers. At the first meeting of each calendar year,each statutory commission shall elect a Population in Meridian AOI is 4,590. chair and vice chair. The chair shall run each meeting of the commission,and the vice chair shall The AOI population is 3.2%of the city population. act as the chair in the event of the chair's absence. Therefore 1/7 or 2/7 AOI commissioners does(more than) reflect the proportion of AOI:City residents. D.Meetings. The regular meetings of the Planning and Zoning Commission shall be held at Commented[EK93]:Updated to comply with Idaho Code Meridian City,Hall,33 East Broadway Avenue,Meridian,Idaho,on the first and third Thursday of section 67-6504(a)(3). each month,at 6:00 p.m. Commented[EK94]:Moved from Meridian City Code / section 10-7-11. 2-2-3.Development Impact Fee Advisory Committee. . EK to delete or add reference to this section in MCC section 10-7-11. Page 16 1/21/25 DRAFT Updates to Title 2, Meridian City Code A.Establishment;duties and powers. There is hereby established the Development Impact Fee Advisory Committee,pursuant to the authority in,and for the purpose of fulfilling the duties set forth in Idaho Code section 67-8205. B.Duties;powers. The Development Impact Fee Advisory Committee shall serve in an advisory capacity and is established to: 1.Assist the City in adopting land use assumptions; 2.Review the capital improvements plan and proposed amendments,and provide written comments; 3.Monitor and evaluate implementation of the capital improvements plan; 4.File periodic reports,at least annually,with respect to the capital improvements plan and report to the City any perceived inequities in implementing the plan or imposing the development impact fees;and 5.Advise the City of the need to update or revise land use assumptions,the capital improvements plan,and development impact fees. C.Qualifications;term. The Development Impact Fee Advisory Committee shall have a minimum of five(5)members.Two(2)or more members shall be active in the business of development,building or real estate.Employees or officials acting in their official capacity for a governmental entity shall not be appointed as members of the committee. All members of the Development Impact Fee Advisory Committee must reside within Meridian city limits. Each member's term shall be three(3)years.No person shall serve more than two(2)full consecutive terms without specific approval by a two-thirds'vote of City Council. D.Meetings.The regular meetings of the Development Impact Fee Advisory Committee shall be held at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho. The Chief Financial Officer shall convene a meeting of the Development Impact Fee Advisory Committee at least annually. Committees are operational tools-organized for purpose of assisting the Mayor and staff with an operational function, CHAPTER 3.—COMMITTEES. either with infrequent or one-fime functions,which is where 2-3-1.—Definitions. the ad hoc committees come in,or with recurring or regular h For the purposes of this chapter q�e tno)lowhn wortls ant�phsrases'§nc�denr vajfeori et iereof,shall be defined as follows: A.Ad hoc committee means an informally organized group of citizens,City staff,and/or elected officials:convened by the Mayor,City Council,or City staff as needed;for the purpose of taking a specific action or providing input to the Mayor,City Council,or City staff on a specific subject. B.Standing committee means a subagency of the City enumerated in this chapter or other City ordinance;created by the Mayor,City Council,or City staff for the purposes set forth in the committee's enabling ordinance. Standing committees shall include the Meridian Districting Committee,Compensation Committee,and Utility Billing Review Committee. 2-3-2.—All committees. The following provisions shall apply to all City committees: Page 17 1/21/25 DRAFT Updates to Title 2, Meridian City Code A. Establishment.The Mayor and the Directors are authorized to establish ad hoc committees, or convene standing committees as set forth in this chapter.I B.Transparent and Ethical Government. Both standing and ad hoc committees shall be subject to the Idaho Public Records Act,and their members to the Idaho Ethics in Government laws and Title 18,Chapter 13,Idaho Code(regarding bribery and corruption). Standing committees are subagencies of the City,created by ordinance,and are therefore subject to the open meetings laws. Commented[EK95]:Clarifies which committees are required to comply with the open meetings laws and which C. Selection of members. Except as otherwise provided,committee members shall be selected are not. Meetings of ad hoc committees(e.g.Linder Road by the Mayor,City Council,or City staff,and shall serve at the pleasure of same. Task Force,UDC review committee,ATV committee,golf course task force)are not required to comply with the OML, because none of the definitions of"public agency'in the D. Members are volunteers.All committee members shall be volunteers,and shall serve the City OML apply. without compensation for such service.This shall not apply to City staff appointed to a committee within the scope of their employment. However,standing committees(e.g.Districting Committee, Compensation Committee,Board of Adjustment),like commissions,are"public agencies'under the definition in E. Expiration.A committee shall expire when its purpose is completed,or,in the case of ad hoc 74-202(5). committees,when the Mayor or Director determines that the committee is no longer necessary. Records produced by both kinds of committees are public F.Staff support.Designated staff member(s)may be assigned to each committee to provide records and that both kinds of committee members can administrative and operational support.The City Attorney or designee may attend committee violate the ethics rules or commit bribery. meetings to provide legal advice and support. 2-3-3.—Standing committees. The following provisions shall apply to all Standing Committees: A. Appointment of members. The Mayor shall,with the approval of the City Council,appoint members to standing committees. The term of such appointments shall be one(1)year,or for time necessary to achieve the purpose for which the committee is convened,whichever is shorter.Should a vacancy occur on a standing committee,the vacancy shall be filled in like manner as soon thereafter as practicable. B. Officers.At the initial meeting of the committee,the Committee members shall elect a Chair and Vice Chair. 1.The Chair shall be a voting member of the committee and shall hold the same rights and privileges as any other committee member.The decisions,statements,and/or actions of the Chair shall obligate,commit,and/or represent the committee only insofar as the committee has specifically authorized.The Chair's duties shall include: a. Preparing meeting agendas in cooperation with the City Clerk or designee; b. Presiding over all meetings,and c. Signing all documents requiring an official signature on behalf of the committee. 2.The Vice-Chair shall perform the duties of the Chair in the absence of the Chair,and such other duties as may be delegated by the Chair. 3.A special election may be held at any time to fill a vacancy of the office of Chair or Vice-Chair. 4.The Chair shall propose,and the committee members shall adopt,a timeline of meetings and actions to timely complete the committee's work. Page 18 1/21/25 DRAFT Updates to Title 2, Meridian City Code C. Agenda.The agenda for all meetings shall be prepared by the Chair in consultation with the City Clerk or designee.The City Clerk or designee shall assist the Chair with scheduling meetings, posting meeting and agenda notices,preparing;meeting;minutes,and distributing agendas, minutes,and other materials to committee members prior to each meeting. D.Quorum.A maiority of currently appointed committee members shall constitute a quorum for the transaction of any business. E.Voting.Each voting member shall be entitled to one(1)vote on any matter.Except as otherwise designated herein,the vote of the maiority of the voting members present at any meeting at which a quorum is present shall effectuate any decision.Voting shall be verbal and on the record:proxy voting,secret voting,and written voting shall not be permitted. F.Meetings.Except as otherwise provided,scheduling of public hearings,public comment,or presentations before a committee shall be at the discretion of the Chair.The Chair may set rules to maximize efficiency and productivity of meetings,including setting a time limit for comments or presentations. 2-3-4. IMeridian Districting Committee. — Commented[EK96]:No substantive changes here,but I did move the parliamentary procedure provisions to the"all A. Establishment;purpose.There is hereby established the Meridian Districting Committee,the standing committees"section(above). purpose of which shall be to establish six(6)City Council districts and assign one(1)City Council Move to page 22 seat to represent each City Council district,in accordance with applicable laws,available federal decennial census data,and principles of districting as are or may be established by law,policy, and custom governing the same. B.Duties and powers. The Meridian Districting Committee shall: 1. Evaluate and apply federal decennial census data regarding the City of Meridian in order to establish six(6)City Council districts pursuant to the provisions of I.C.50-707A: Title 1,Chapter 7,Meridian City Code:and all other applicable provisions of local,state, and federal law. 2. Assign City Council seats,numbering 1 through 6,to the corresponding numbered City Council districts,pursuant to this Chapter. 3. Act independently to make decisions regarding designating and numbering City Council districts,without regard for the residency of elected officials or candidates running for municipal office of the City of Meridian. 4. Consult resources and experts in demographics and population distribution, including,without limitation,the Community Planning Association of Southwest Idaho, the United States Census Bureau,and their delegees and staff,as needed or desired. 5. Consult resources and experts in districting and apportionment,including,without limitation,the Idaho Secretary of State,the Idaho Commission for Reapportionment,the Ada County Clerk,and the delegees and staff thereof,as needed or desired. 6. Consult City of Meridian Geographic Information System and Planning staff for information and assistance with establishment of City Council districts and the preparation of maps. 7. Consult the City Attorney or designee regarding compliance with applicable Idaho Code and Meridian City Code provisions. Page 19 1/21/25 DRAFT Updates to Title 2, Meridian City Code C.Membership qualifications. The Meridian Districting Committee shall be established as follows: 1. In addition to the names of the appointed members,the resolution shall include the following directives to the City Clerk: a. Directing the City Clerk to convene the Meridian Districting Committee. b. Directing the City Clerk to post on the City of Meridian website the agenda and minutes of the Meridian Districting Committee meetings,as well as the census data used by the Meridian Districting Committee in the course of its charge under this section. 2. Voting members of the Meridian Districting Committee shall include six(6) Meridian residents from diverse geographic areas of Meridian,to include at least one(1) individual who resides south of Interstate 84,one(1)individual who resides north of Ustick Road,one(1)individual who resides west of Meridian Road,and one(1) individual who resides east of Meridian Road.The six(6)Committee members shall be voting members,and shall serve without salary or compensation for their service. 3. The Meridian Districting Committee shall include the following ex-officio,non- voting members: a. The City of Meridian Geographic Information System Manager or designee; b. The City of Meridian Planning Manager or designee;and c. The Ada County Clerk or designee. 4. The Meridian Districting Committee may include the following ex-officio,non- voting members,as may be hired by the City of Meridian:a statistician,a cartographer, and/or any other experts whose services may be helpful in the discharge of the Meridian Districting Committee's responsibilities. D.Ineligible for candidacy. A person who has served on the Meridian Districting Committee shall be ineligible to run for a Meridian City Council seat for five(5)years following such service. E.Duties and powers.The following process shall apply to the establishment of City Council districts: 1. The Meridian Districting Committee shall evaluate and apply the federal decennial census data for the City of Meridian in order to establish six(6)City Council districts pursuant to the provisions of I.C.50-707A;Title 1,Chapter 7,Meridian City Code;and all other applicable provisions of local,state,and federal law.To assist the Committee,one (1)or more of the ex officio members shall prepare three(3)potential districting maps for the Committee's initial consideration.The Committee may utilize one(1)of these potential districting maps,or the Committee may develop and utilize a different districting map. 2. Upon completion of a draft districting map,the Meridian Districting Committee shall designate each City Council district with a number from 1 to 6 pursuant to the provisions of Meridian City Code Section-and this chapter.The draft map and numbered City Council districts shall constitute the draft districting plan.The Meridian Districting Committee shall hold a minimum of two(2)public hearings to receive public testimony on the draft districting map. 3. The Meridian Districting Committee shall act to establish,by resolution,the Meridian Districting Plan. The resolution must be approved by at least four(4)voting members to be effective,and shall certify that the established City Council districts meet Page 20 1/21/25 DRAFT Updates to Title 2, Meridian City Code the criteria set forth in I.C.50-707A and other applicable statutes and laws.The Meridian Districting Plan shall include the following documents,which shall be appended to the resolution,and incorporated into the same by reference: a. A map of the City of Meridian showing the exact locations of the designated City Council districts,labeled with the district numbers and corresponding City Council seat numbers. b. A description of the boundaries of the City Council districts,described by the names of streets or other established features or landmarks. c. A declaration that the City Council seats shall be designated with numbers corresponding to the like-numbered City Council districts,in accordance with Meridian City Code Section-. 4. The Meridian Districting Committee shall transmit its resolution to the CitV Clerk, and the CitV Clerk shall: a. Schedule a public hearing before the City Council on the resolution; b. Make the resolution available on the City of Meridian's website;and c. Publish a notice of hearing on the matter before the City Council. 5. The City Clerk shall publish notice of the public hearing on the Meridian Districting Committee's Meridian Districting Plan before CitV Council at least once prior to the date set for the public hearing,which notice shall solicit written and verbal testimony on the City Council districts as established bV the Meridian Districting Committee,and shall include a link to the City of Meridian's webpage with access to the resolution and appended documents. 6. The City Council shall conduct a public hearing on the Meridian Districting Plan as established by the Meridian Districting Committee,in accordance with the procedures set forth in Meridian City Code for public hearings.Following such public hearing,the CitV Council shall review the Meridian Districting Plan as established bV the Meridian Districting Committee,and upon a finding that it meets the criteria set forth in I.C.50- 707A,shall adopt it by ordinance as the final Meridian Districting Plan.Such act shall be a ministerial function of the City Council;modification of the Meridian Districting Plan established by the Meridian Districting Committee shall occur only upon remand to the Meridian Districting Committee.The City Council may remand the matter to the Meridian Districting Committee only upon a finding,supported by substantial evidence, that the Meridian Districting Plan established by the Meridian Districting Committee does not meet the criteria set forth in I.C.50-707A.Should the City Council fail to adopt the Meridian Districting Plan via ordinance at least one hundred thirty-five(135)days prior to the date of the next general city election,the Meridian Districting Committee's last resolution shall comprise the final Meridian Districting Plan. 7. The City Clerk shall file the Meridian Districting Plan with the CountV Clerk at least one hundred thirty-four(134)days prior to the next general City election,with a request that the County Clerk prepare ballots and establish polling places for all subsequent Meridian City Council elections in accordance with the Meridian Districting Plan.Upon the CitV Clerk's filing of the Meridian Districting Plan with the CountV Clerk,the Meridian Districting Committee shall automatically dissolve. 8. CitV Council maV,pursuant to I.C.50-707,modify CitV Council seat numbers after the Meridian Districting Plan has been adopted,so long as such modifications are approved by ordinance at least one hundred thirty-five(135)days prior to the date of the next general City election. Page 21 1/21/25 DRAFT Updates to Title 2, Meridian City Code F.Meetings.Meetings of the Meridian Districting Committee shall be held at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho. The City Clerk,at the direction of the Mayor, shall convene the initial meeting of the Meridian Districting Committee. Additional meetings of the Meridian Districting Committee maybe scheduled by the Chair as necessary to carry out the business of the Committee. 2-3-5.Compensation Committee. Currently in Section 1-6-5(C),regarding mayor's compensation,and section 1-7-9(C),regarding Council's A. Establishment;purpose. There is hereby established the Compensation Committee,the compensation.Consolidates here and brings under the purpose of which shall be to make recommendations to City Council regarding the Mayor's� rella of standing committees.No substantive changes. City Council's compensation. B.Membership qualifications. The Compensation Committee shall consist of no less than five(5) citizens,business leaders,and former elected or appointed officials of the City of Meridian. C.Duties and powers. The Compensation Committee shall make recommendations to City Council regarding whether to adjust,increase,or decrease the Mayor's and City Council's respective compensation. In setting the budget for the compensation of the Mayor and City Council,City Council shall consider,but shall not be bound by,the recommendations of the committee.In making its recommendations,the Compensation Committee may consider any or all of the following: 1.Similar salaries in other cities. 2.Economic factors. 3.Potential impact to the City's budget, 4.The elected officials'performance while in office,and 5.Changes to other City employees'salaries. D. Meetings. Meetings of the Compensation Committee shall be held at Meridian City Hall,33 East Broadway Avenue,Meridian,Idaho. The Human Resources Director shall convene the Committee in each municipal election year,prior to the budget workshop. CH PT-IiR°. Q^ARD OF A dklSTA4€#T Recommending name change to better reflect function Establishment. of the committee. 2-3-6.— Utility Billing Review Committee. Commented[EK97]:New name Establishment;purpose;duties and powers. There is hereby established a be_art-I e# _ _ Commented[EK98R97]:EKto update Meridian City adjustmeRtthe Utility Billing Review Committee,feFthe purpose of which shall be to keaeiag \ Code section 9-1-7(description of BOA)and 9-2-3 hear disputes,objections,appeals,or requested adjustments by an authorized water and/or I:--- sewer user related to--water and/or sewer user accounts,statements,and fees,and/or permits Commented[EK99]:Streamlined this provision including,but not limited to,nonpayment and shutoff of water service,assessment fees, connection fees,wastewater discharge permits,monthly user charges or other fees established by title 9 of this Code regarding water and sewer use and service. B.Membership qualifications. The Utility Billing Review Committee shall consist of at least three (3)members,but no more than five(5)members,to include the Director of the Public Works No substantive changes Department or designee;the City Attorney or designee:and at least one(1)Meridian citizen. Page 22 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. PFOpese to C ty Council for appFOval the Riles of procedure fGF GOnCILICting hearings by the Hpar and decode disputes,objections,or appeak;rplated to ai ith Fized wateF and/or sewe biseF ae6GWAtS,statements,fees,aAd�GF peFffintS ineluding,but met limited te,nonpayment and meRthly usep rharges er ether fpeq e4alalkhLed by title 9 of this Code regarding water and sewep use nd B-. The-R A-a.rd-I A-f—Adjustment shall netlap autha.rizprl to accept payment of any Monies;the heardshall direct all payments to h...na.Je directly to the City Finance Depart..epA 1— The A-Aapd ef Adjustment shall reRsist Af at'past thFee(3)Fnembe%,but Re meFe than five(5) MPMh.. .44ustment shall be appointed by the mayer and approved by City h. FPFAAWPE! eempensatieR.The eity shall pFevide the ReeessaFy and suitable equipment and supplies to Wepiks DepaFtment 9F designee;the City AtteFRey 9F designee;and at least eRe(1)EitiEeR e speetive teFMS Shall initially inelude ene(1)seat with a one YeaF teFm;one(1)seat mayeF,with Genf*Fmatiep by the City GeupGil. Varanr*@,;shall he filled in the gamp manner as GFiginal appeintments and the appeintee h Q n GFganizatiGn L Commented[EK100]:Covered by section 2-3-3(B) 7 4 [ Meetings C.Meetings.The BeaFd of^dju t...^^*Utility Billing Review Committee shall net Fneet regularly, h„ h^II convene upon scheduling and notice by the City Clerk following receipt of a written request for hearing as set forth in this chapter.YHCWhen necessary,the Beams-e# AdjwstmeRtUtilitV Billing Review Committee shall convene to eeRd rt surh heaFings at 3:00 p.m.,on the third Wednesday of the month at the Meridian City Hall,33 East Broadway Avenue, Meridian,Idaho. r.....ply with Idaho Open Meet,..,.I-,..,...Additional meetings of the BeaFd of Utility Billing Review Committee may be scheduled by the$eard Committee as necessary to carry out the business of the$eardCommlttee. Page 23 1/21/25 DRAFT Updates to Title 2, Meridian City Code D.Hearing process. The following process shall apply to hearings before the Utility Billing Review Committee: Changes largely for efficiency and clarity;only 2 O`• Hearing""^"^`Wes substantive change is that the committee A. 1.An authorized water and/or sewer user may request a hearing befeFe the Mim4 would have 7 days follwing the hearing to issue of Adjustment regarding any dispute appeal,A ebjertien Fplated te' "h awth^"izpd its decision,instead of 2 days. fees,to,nonpayment and shuteff of viater service(preteRnination hearing),assessment connection fees -•mot.....-,t.."elkeharge permits, enthly user charges a ethpr fppq established by title 9 Af this!'ede"...aFdiAg water aril W..,.."WSP affld....".*ee by GO ^I.,i^^*A all Fespeets with the^ edi es Set faith in th's g Th..A ,thAFi;_Pd.. ...A/BF sewer user Feeluesting a hearing befeFe the Be-.".,I..F Adjustment(hereiRafteF"heaFaRV4-Aalkby_submitting a written request for hearing to the City Clerk within thirty(30)days from the dated notification of administrative denial of a request for adjustment.Such request for hearing shall include such hearantuser's name,mailing address, telephone number,e-mail address,and water or sewer account number and address;narnes d renta4f^" t:^ Af^the": ^�^ ^'••^+^ ;and a description of the matter(s)to be brought before and considered by the bB@Fd of adjustmer4Utility Billing Review Committee. 2.G.Upon receipt of a timely and complete request for hearing,the City Clerk shall schedule the matter for hearing at the next meeting of the BeaFd of AdjustmeritUtility Billing Review Committee,eeptt"aca. A request for hearing that is received after 3:00 p.m.on the second Wednesday of the month shall not be heard until the third Wednesday of the following month.The City Clerk has authority to schedule the matter for hearing at an alternative time,with the Chair's approval.^"^••ided the hear'^-i \A I'thi.,t e(2)WGFI*mRg days of sehed Aling the heaFiRg tThe City Clerk shall rr a4- rp ovide notice Yhepee€of the hearing to the heaFAREuser RRd tA R"'(^^••^iRtPFPStPel AF OFIvAlved parties OR...d.ditien t the general.. PFGVof I.dahe llpeR MeetiRg Laws. 3.P On the date and time duly-noticed for hearing,the 13eaF J of Adju tmeFtUtility Billing Review Committee shall conduct a fairaad impartial hearing on the matter brought by the user. The Committee shall provide the user"^a-Fant.HPa-Fant shall he off '^'the opportunity to^^^f"^^t•••'t^^"_^ t^present credible evidence,to personally appear and be represented and/or accompanied by an advisor or other legal representative,to be judged on facts adduced at the hearing,and to otherwise be heard on the matter WfWe the-.AREA of Adjustment. takL—. 4.F. TAt the conclusion of the hearing,the Board^f AdjustrnentUtility Billing Review Committee shall provide"^^Hoot with an ral state a verbal decision at the ^clusi^^^f the h,,.,",Ag •.,hi,.h.J....i..i..,.Sh..11 iI;rI,,F_le the_8Gard„f Adjust n eet!s to include general findings of fact and conclusions of law in support of its decision.The RemdCommittee shall declare the payment of any money deemed owed to the city due and payable to the City Finance Department immediately or by a date certain,as appropriate.The ReardCommittee shall also verbally and on the record inform the hearant user of his er her-the user's right to appeal the ReardCommittee's decision to the City Council. G5. The Board of Adjustrnent ity Attorney or designee shall prepare a written decision including itsthe Committee's findings of fact and conclusions of law.The Cheri" Page 24 1/21/25 DRAFT Updates to Title 2, Meridian City Code City Attorney shall mail the written decision to hearantthe user within twe{2-)seven L71 working days of the conclusion of the hearing. Again nothing new here. E.Appeal process.AA ....imited Fight of appeal t ,.,,the Gity GRril shall he available t a h..-.rant user who receives an adverse decision by the Beard ef adjustmepitUtility Billing Review Committee shall have a limited right of appeal to the City Council,pursuant to the following:^^^'c-�^^" ..cts with the P ..s tires set fai#h ir,this sectie 1.8—Within three(3)working days of the ^elksian.of the hearing bef^s^the Reard of A jus ,the heerant-issuance of the written decision,the user shall file with the City Clerk: a.4�--A written notice of appeal,including heaFaRt's Rame,ma"iRg addFe« -..JdFe55... Rd eantart iRf9FFnRtiAR Af eth..s iR ted A ..I.eel parties; a statement of the basis for the appeal,including specific objections to the Beard of AdjustmentUtility Billing Review Committee's findings of fact and/or conclusions of law;and b.-2-.-—A cash or check deposit in the amount determined by the€eR e€ A ,tUtility Billing Review Committee to be due and payable. Q. Upon timely receipt of a complete notice of appeal,the City Clerk shall schedule the appeal for hearing before the City Council within thirty(30)calendar days.The City Clerk shall provide notice of such hearing to the iRtPFP#...A O ,.4e .. ,...user. D3. On the date and time duly noticed for hearing before City Council,each party may make a brief statement to City Council.No new evidence shall be presented;City Council shall decide the matter upon consideration of the record of the hearing before the bOaFd ef adjustmef4Utility Billing Review Committee. €4. City Council may affirm,overturn,or modify the decision of the€eaFd A Ahjustmef4Utility Billing Review Committee.City Council shall overturn or modify the decision of the geard of Adj stme4#Utility Billing Review Committee only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous.City Council may order that h^a ^t'g the user's deposit be forfeited to city or refunded,less any adjustments.City Council may order that the payment of any additional money deemed owed to the city be due and payable to the City Finance Department by a date certain.The decision of the City Council shall be final. Page 25 1/21/25 DRAFT Updates to Title 2, Meridian City Code Title 2-COMMISSIONS AND COMMITTEES CHAPTER 1. -ADVISORY COMMISSIONS. 2-1-1.—Advisory Commissions. A. All advisory commissions. The following provisions shall apply to all advisory commissions, which shall be defined as commissions created by City Council for the purpose of advising the Mayor and City Council on specific subjects, pursuant to and as enumerated in this chapter. Advisory commissions shall include the Meridian Arts Commission,the Historic Preservation Commission,the Parks and Recreation Commission,the Solid Waste Advisory Commission, and the Transportation Commission. B. Creation of advisory commissions. Advisory Commissions may be established by ordinance, and may be eliminated by repealing the establishing ordinance. C. Duties and authority of advisory commissions. 1. The advisory commissions shall be recommending bodies, and shall make recommendations to the Mayor and City Council, within the scope of each commission's respective duties, as set forth in this chapter. 2. Each advisory commission shall adopt bylaws for the proper conduct of the commission's business. All commission bylaws are subject to approval by the Mayor and City Council after recommendation by the Commission. 3. Annually, each advisory commission shall elect a chair and vice chair, who shall serve in such roles for twelve (12) months. 4. In addition to duties set forth in the respective commission bylaws,the chair of each commission shall submit an annual report to the Mayor and City Council regarding the Commission's activities and accomplishments. 5. Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, or to make any verbal or written agreement binding the commission or the City. Subject to City policy, City staff may apply for or accept grant or other funds on behalf of the City and/or in the name of a commission or committee. 6. Volunteer commissioners are not and shall not be authorized to enter private property, buildings, or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 7. Advisory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws, Idaho Public Records Act, and Idaho Ethics in Government laws. D. Advisory commission membership and qualifications. Page 1 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Commission members shall be appointed by the Mayor and approved by the City Council on a vote of a majority of the City Council members, and commission members may, in like manner, be removed or replaced. 2. Each commission shall consist of up to nine (9) members. 3. Commissioners shall be over eighteen (18)years of age at the time of appointment, except that one (1) member of each commission may be designated to represent youth, which commissioner may be under eighteen (18)years of age. 4. All Commission members and the officers thereof shall be volunteers, and shall serve the City without compensation for such service.This shall not apply to City staff appointed to a commission within the scope of their employment . 5. Each commissioner's term shall be three (3)years, except that each youth commissioner's term shall be one (1)year. 6. A commissioner may be appointed to a partial term to complete a vacating commissioner's term, or when a new seat is established. 7. If a commission seat is or will be vacant,the Mayor's Office shall publicly notice the opportunity to apply for the seat.The incumbent commissioner may reapply for the seat. 8. Commissioners may serve up to two (2) consecutive full terms without separate approval. A third or successive term must be approved by a unanimous vote of the full City Council. A partial term shall not count as a term for the purpose of this provision. 9. The mayor shall remove any commissioner who misses one-half(%) of the meetings held by the commission to which such commissioner was appointed in any calendar year, as of December 31. E. Budget,expenditures;staff support. 1. City Council may provide funds for an advisory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered by the designated City staff member assigned to the commission, subject to City policy. No volunteer commissioner shall be authorized to enter into contracts on behalf of the City, including those related to services, goods, or the acceptance of grant funds. 3. The City Attorney or designee shall be assigned to each commission to provide legal advice and support, and designated staff member(s) shall be assigned to each commission to provide administrative and operational support. F. Meetings. Regular meetings of advisory commissions shall be held at Meridian City Hall, at the date and time specified by City Code. If the regular meeting date falls on a holiday, City election day, or primary or general election day,the meeting shall be canceled or rescheduled, as the chair directs. Page 2 1/21/25 DRAFT Updates to Title 2, Meridian City Code If a quorum of the commission is not available for a regularly scheduled meeting,the meeting may be postponed to a different date and time, or may be canceled. 2-1-2.Arts Commission. A. Establishment;purpose. There is hereby established the Meridian Arts Commission,the purpose of which shall be to advise the Mayor, City Council, and City staff on matters regarding Meridian's arts and cultural resources,the City's aesthetic environment, and the development of economic, educational, recreation, and tourism opportunities within Meridian through the advancement of publicly accessible arts and cultural enrichment. B. Duties and powers. The Arts Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. The needs of the Meridian community with regard to the arts; 2. The importance of publicly accessible arts and culture, and their benefits to the community; 3. The aesthetic aspects of works of art or public monuments to be installed by the City of Meridian; 4. Provide input and advice to City staff on operational functions related to the arts. 5. The development of, and provide general information and encouragement to,the city's cultural organizations, artists, institutions and community organizations sponsoring arts activities; 6. City policies and activities to advance publicly accessible arts and cultural enrichment in the City. 7. The adoption of a strategic plan for the arts in Meridian. 8. The management and disbursement of funds dedicated to City arts programming. 9. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 10. The development, growth, and preservation of the City's art resources, a receptive climate for the arts, and self-sustaining arts programs within Meridian. C. Qualifications. All members of the Arts Commission shall have an interest, competence, or knowledge in the arts. D. Meetings. The Arts Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 3:30 p.m., on the second Thursday of each month. 2-1-3. Historic Preservation Commission. A. Establishment;purpose. There is hereby established a Historic Preservation Commission,the purpose of which shall be to advise the Mayor, City Council, and City staff on matters regarding the Page 3 1/21/25 DRAFT Updates to Title 2, Meridian City Code identification, evaluation, designation, documentation, and protection of buildings, sites, areas, structures, and artifacts which reflect significant elements of Meridian's historic,architectural, archaeological, and cultural heritage. B. Duties and powers. The Historic Preservation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Surveys of local historic properties in Meridian and Meridian's impact area for the purpose of documenting and identifying significant historic properties, including those potentially eligible for the National Register of Historic Places. 2. The nominations of properties in Meridian and Meridian's impact area to the National Register of Historic Places. 3. Methods and procedures necessary to preserve, restore, maintain and operate historic properties in Meridian and Meridian's impact area. 4. Educational and interpretive programs on historic preservation and historic properties in Meridian. 5. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 6. Opportunities and actions that may further the protection, enhancement, and preservation of historic properties. 7. The preservation of buildings, sites, areas, structures, and artifacts which reflect significant elements of Meridian's historic, architectural, archaeological, and cultural heritage. C. Qualifications. All members of the Historic Preservation Commission shall have a demonstrated interest, competence, or knowledge in history or historic preservation. At least two (2) members should have professional training or experience in the disciplines of architecture, history, architectural history, urban planning, archaeology, engineering, law, or other professions related to historic preservation. D. Meetings. The Historic Preservation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:30 p.m., on the fourth Thursday of each month except November and December. 2-1-3. Parks and Recreation Commission. A. Establishment;purpose. There is hereby established a Parks and Recreation Commission, the purpose of which shall be to advise the Mayor and the City Council on matters regarding the City parks system and recreational programming. Page 4 1/21/25 DRAFT Updates to Title 2, Meridian City Code B. Duties and powers. The Parks and Recreation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. The design of City parks, pathways, and related facilities. 2. Recreational programming and activities. 3. The future growth, development and regulation of park, playground, and recreation facilities of the city. 4. Facility rules and regulations. 5. The Parks and Recreation Master Plan and any subsequent updates or revisions. 6. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 7. The development, growth, maintenance, and improvement of City parks, pathways, and recreational facilities. 8. Serve as the City's Tree Board, pursuant to requirements of the National Arbor Day Foundation regarding the City's designation as Tree City USA. C. Qualifications. All members of the Parks and Recreation Commission shall have a demonstrated interest, competence, or knowledge in parks, pathways, open spaces, sports, or recreation. All members shall reside within City limits, except that one (1) or two (2) members may reside in the area of impact. D. Meetings. The Parks and Recreation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:00 p.m., on the second Wednesday of each month. 2-1-3. Solid Waste Advisory Commission. A. Establishment;purpose. There is hereby established a Solid Waste Advisory Commission,the purpose of which shall be to advise the Mayor, City Council, and Public Works Department staff on matters regarding solid waste collection and disposal. B. Duties and powers. The Solid Waste Advisory Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Ordinances, policies, and fees related to the City's solid waste collection system and disposal services. 2. Programs and projects that promote and improve residential and commercial solid waste management practices that help divert waste from the landfill. Page 5 1/21/25 DRAFT Updates to Title 2, Meridian City Code 3. Solid waste initiatives and concerns brought forth by citizens of Meridian or franchisee, and provide recommendations on such matters to City staff. 4. Management and disbursement of funds in the Community Recycling Fund program. 5. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. 6. The development of solid waste initiatives that promote clean, safe, cost-effective solid waste management within Meridian. C. Qualifications. All members of the Solid Waste Advisory Commission shall be residents of the City of Meridian and shall have a demonstrated interest, competence, or knowledge in solid waste management. One member shall be under eighteen (18)years of age at the time of appointment to represent youth.A representative of the current solid waste franchisee shall serve as an ex officio member. D. Meetings. The Solid Waste Advisory Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 4:00 p.m., on the fourth Wednesday of each month. 2-1-4.Transportation Commission. A. Establishment;purpose. There is hereby established a transportation commission,the purposes of which shall be to provide a forum for cooperation, coordination, planning, and communication between the City and citizens and organizations concerned with transportation planning and the safe and efficient movement of vehicular and pedestrian traffic throughout the community, and to advise the Mayor, City Council, and City staff on matters regarding transportation in Meridian. B. Duties and powers. The Transportation Commission shall be authorized to support, provide input, represent the public interest, and make recommendations to the Mayor, City Council, and City staff regarding: 1. Policies, programs, and issues related to traffic safety and transportation matters affecting Meridian. 2. Motorist, pedestrian, and bicyclist concerns or issues referred to the commission by City Council, other political bodies, or City staff that relate to transportation safety. 3. An annual list of the highest priority roadway, intersection, bicycle and pedestrian improvement projects for inclusion in state, regional and local transportation funding programs, such as the Community Planning Association of Southwest Idaho (COMPASS) long range transportation plan, Ada County Highway District (ACHD)'s capital improvements plan, and Idaho Transportation Department (ITD)'s long range vision/plan. 4. The annual budget and five-year work plan prepared by the Ada County Highway District. Page 6 1/21/25 DRAFT Updates to Title 2, Meridian City Code 5. Matters relevant to the commission's purpose in provisions of the City Comprehensive Plan and other planning processes undertaken by local, State, or Federal agencies. C. Qualifications. All members of the Transportation Commission shall have an interest, competence, or knowledge in matters relating to transportation planning and traffic safety. Commission membership shall be comprised of: Four(4) Meridian citizens residing within city limits, one position of which may be designated to represent youth;three (3) Meridian business owners or employees of a business in Meridian; and two (2) individuals with technical expertise and/or education in a transportation related field.The four(4) Meridian citizens should, if possible, represent different geographic areas of Meridian. Nonvoting ex officio members shall include representatives from the Ada County Highway District, Idaho Transportation Department, Community Planning Association of Southwest Idaho,Valley Regional Transit, and West Ada School District. D. Meetings. The Transportation Commission shall convene regular meetings at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at 3:30 p.m., on the first Monday of each month. CHAPTER 2.—STATUTORY COMMISSIONS. 2-2-1.—Statutory commissions. A. All statutory commissions. The following provisions shall apply to all statutory commissions, which shall be defined as commissions created and governed pursuant to Idaho Code. Statutory commissions shall include the Planning and Zoning Commission and the Development Impact Fee Advisory Committee. B. Creation of statutory commissions. Statutory Commissions shall be established as required by the applicable provisions of Idaho Code. C. Duties and authority of statutory commissions. 1. Statutory commissions shall be authorized to act within the scope of each commission's respective duties, as set forth in this chapter,the applicable provisions of Meridian City Code, and the applicable provisions of Idaho Code. 2. Volunteer commissioners are not and shall not be authorized to enter into any contract on behalf of the City,to apply for or accept any grant or other funds on behalf of the City, or to make any verbal or written agreement binding the commission or the City. 3. Volunteer commissioners are not and shall not be authorized to enter private property, buildings, or structures in the performance of their official duties without the prior, express consent of the owner or occupant thereof. 4. Statutory commissions and the respective commissioners thereof shall comply with the Idaho open meetings laws, Idaho Public Records Act, and Idaho Ethics in Government laws. 5. Each statutory commission shall adopt bylaws for the proper conduct of business. D. Statutory commission membership and qualifications. Page 7 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. Commission members shall be appointed by the Mayor and approved by majority vote of the City Council. Vacancies shall be filled in like manner. Commission members may be removed for cause by a majority vote of City Council. 2. A commissioner may be appointed to a partial term to complete a vacating commissioner's term, or when a new seat is established. 3. Commissioners shall be over eighteen (18)years of age at the time of appointment. 4. All Commission members and the officers thereof shall be volunteers, and shall serve the City without compensation for such service. E. Budget,expenditures,staff support. 1. City Council may provide a budget for a statutory commission's activities through the budgetary process. 2. Any expenditures or contracts related to a commission's activities shall be administered, by the designated City staff member assigned to the commission, subject to the City's policies. No volunteer commissioner shall be authorized to enter into contracts on behalf of the City, including those related to services, goods, or the acceptance of grant funds. 3. The City Attorney or designee shall be assigned to each commission to provide legal advice and support, and designated staff member(s) shall be assigned to each commission to provide administrative and operational support. 2-2-2.— Planning and Zoning Commission. A. Establishment;purpose,authority. There is hereby established the Planning and Zoning Commission, the purpose of which shall be to advise the Mayor, City Council, and City staff regarding land use matters, and/or make decisions regarding land use matters, pursuant to the authority set forth in Title 67, Chapter 65, Idaho Code (the Local Land Use Planning Act) and Title 11, Meridian City Code (the Unified Development Code). B. Qualifications; term. The Planning and Zoning Commission shall have at least three (3), but no more than nine (9) members. At least one (1) member must be a resident of the City impact area, outside the corporate limits; must have resided in Ada County for at least two (2)years prior to appointment; and must remain a resident of the City impact area during the member's entire term on the Commission. The other members must each be residents of the City of Meridian, must have resided in Ada County for at least two (2)years and in the City of Meridian for at least one (1)year prior to appointment, and must remain a resident of the City of Meridian during their entire term on the Commission. Each member's term shall be three (3) years. No person shall serve more than two (2) full consecutive terms without specific approval by a two-thirds' vote of City Council. C. Officers. At the first meeting of each calendar year, each statutory commission shall elect a chair and vice chair. The chair shall run each meeting of the commission, and the vice chair shall act as the chair in the event of the chair's absence. Page 8 1/21/25 DRAFT Updates to Title 2, Meridian City Code D. Meetings. The regular meetings of the Planning and Zoning Commission shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, on the first and third Thursday of each month, at 6:00 p.m. 2-2-3. Development Impact Fee Advisory Committee. A. Establishment;duties and powers. There is hereby established the Development Impact Fee Advisory Committee, pursuant to the authority in, and for the purpose of fulfilling the duties set forth in Idaho Code section 67-8205. B. Duties;powers. The Development Impact Fee Advisory Committee shall serve in an advisory capacity and is established to: 1. Assist the City in adopting land use assumptions; 2. Review the capital improvements plan and proposed amendments, and provide written comments; 3. Monitor and evaluate implementation of the capital improvements plan; 4. File periodic reports, at least annually, with respect to the capital improvements plan and report to the City any perceived inequities in implementing the plan or imposing the development impact fees; and 5. Advise the City of the need to update or revise land use assumptions, the capital improvements plan, and development impact fees. C. Qualifications; term. The Development Impact Fee Advisory Committee shall have a minimum of five (5) members.Two (2) or more members shall be active in the business of development, building or real estate. Employees or officials acting in their official capacity for a governmental entity shall not be appointed as members of the committee. All members of the Development Impact Fee Advisory Committee must reside within Meridian city limits. Each member's term shall be three (3) years. No person shall serve more than two (2) full consecutive terms without specific approval by a two-thirds' vote of City Council. D. Meetings. The regular meetings of the Development Impact Fee Advisory Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The Chief Financial Officer shall convene a meeting of the Development Impact Fee Advisory Committee at least annually. CHAPTER 3.—COMMITTEES. 2-3-1.—Definitions. For the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows: Page 9 1/21/25 DRAFT Updates to Title 2, Meridian City Code A. Ad hoc committee means an informally organized group of citizens, City staff, and/or elected officials; convened by the Mayor, City Council, or City staff as needed; for the purpose of taking a specific action or providing input to the Mayor, City Council, or City staff on a specific subject. B. Standing committee means a subagency of the City enumerated in this chapter or other City ordinance; created by the Mayor, City Council, or City staff for the purposes set forth in the committee's enabling ordinance. Standing committees shall include the Meridian Districting Committee, Compensation Committee, and Utility Billing Review Committee. 2-3-2.—All committees. The following provisions shall apply to all City committees: A. Establishment. The Mayor and the Directors are authorized to establish ad hoc committees, or convene standing committees as set forth in this chapter. B. Transparent and Ethical Government. Both standing and ad hoc committees shall be subject to the Idaho Public Records Act, and their members to the Idaho Ethics in Government laws and Title 18, Chapter 13, Idaho Code (regarding bribery and corruption). Standing committees are subagencies of the City, created by ordinance, and are therefore subject to the open meetings laws. C. Selection of members. Except as otherwise provided, committee members shall be selected by the Mayor, City Council, or City staff, and shall serve at the pleasure of same. D. Members are volunteers. All committee members shall be volunteers, and shall serve the City without compensation for such service.This shall not apply to City staff appointed to a committee within the scope of their employment. E. Expiration. A committee shall expire when its purpose is completed, or, in the case of ad hoc committees,when the Mayor or Director determines that the committee is no longer necessary. F. Staff support. Designated staff member(s) may be assigned to each committee to provide administrative and operational support.The City Attorney or designee may attend committee meetings to provide legal advice and support. 2-3-3.—Standing committees. The following provisions shall apply to all Standing Committees: A. Appointment of members. The Mayor shall,with the approval of the City Council, appoint members to standing committees. The term of such appointments shall be one (1)year, or for time necessary to achieve the purpose for which the committee is convened,whichever is shorter. Should a vacancy occur on a standing committee,the vacancy shall be filled in like manner as soon thereafter as practicable. B. Officers. At the initial meeting of the committee, the Committee members shall elect a Chair and Vice Chair. Page 10 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. The Chair shall be a voting member of the committee and shall hold the same rights and privileges as any other committee member.The decisions, statements, and/or actions of the Chair shall obligate, commit, and/or represent the committee only insofar as the committee has specifically authorized.The Chair's duties shall include: a. Preparing meeting agendas in cooperation with the City Clerk or designee; b. Presiding over all meetings, and c. Signing all documents requiring an official signature on behalf of the committee. 2. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair, and such other duties as may be delegated by the Chair. 3. A special election may be held at any time to fill a vacancy of the office of Chair or Vice-Chair. 4. The Chair shall propose, and the committee members shall adopt, a timeline of meetings and actions to timely complete the committee's work. C. Agenda. The agenda for all meetings shall be prepared by the Chair in consultation with the City Clerk or designee.The City Clerk or designee shall assist the Chair with scheduling meetings, posting meeting and agenda notices, preparing meeting minutes, and distributing agendas, minutes, and other materials to committee members prior to each meeting. D. Quorum. A majority of currently appointed committee members shall constitute a quorum for the transaction of any business. E. Voting. Each voting member shall be entitled to one (1)vote on any matter. Except as otherwise designated herein,the vote of the majority of the voting members present at any meeting at which a quorum is present shall effectuate any decision. Voting shall be verbal and on the record; proxy voting, secret voting, and written voting shall not be permitted. F. Meetings. Except as otherwise provided, scheduling of public hearings, public comment, or presentations before a committee shall be at the discretion of the Chair.The Chair may set rules to maximize efficiency and productivity of meetings, including setting a time limit for comments or presentations. 2-3-4. Meridian Districting Committee. A. Establishment;purpose. There is hereby established the Meridian Districting Committee,the purpose of which shall be to establish six (6) City Council districts and assign one (1) City Council seat to represent each City Council district, in accordance with applicable laws, available federal decennial census data, and principles of districting as are or may be established by law, policy, and custom governing the same. B. Duties and powers. The Meridian Districting Committee shall: 1. Evaluate and apply federal decennial census data regarding the City of Meridian in order to establish six(6) City Council districts pursuant to the provisions of I.C. 50-707A;Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law. 2. Assign City Council seats, numbering 1 through 6,to the corresponding numbered City Council districts, pursuant to this Chapter. Page 11 1/21/25 DRAFT Updates to Title 2, Meridian City Code 3. Act independently to make decisions regarding designating and numbering City Council districts, without regard for the residency of elected officials or candidates running for municipal office of the City of Meridian. 4. Consult resources and experts in demographics and population distribution, including,without limitation,the Community Planning Association of Southwest Idaho,the United States Census Bureau, and their delegees and staff, as needed or desired. 5. Consult resources and experts in districting and apportionment, including, without limitation, the Idaho Secretary of State, the Idaho Commission for Reapportionment,the Ada County Clerk, and the delegees and staff thereof, as needed or desired. 6. Consult City of Meridian Geographic Information System and Planning staff for information and assistance with establishment of City Council districts and the preparation of maps. 7. Consult the City Attorney or designee regarding compliance with applicable Idaho Code and Meridian City Code provisions. C. Membership qualifications. The Meridian Districting Committee shall be established as follows: 1. In addition to the names of the appointed members,the resolution shall include the following directives to the City Clerk: a. Directing the City Clerk to convene the Meridian Districting Committee. b. Directing the City Clerk to post on the City of Meridian website the agenda and minutes of the Meridian Districting Committee meetings, as well as the census data used by the Meridian Districting Committee in the course of its charge under this section. 2. Voting members of the Meridian Districting Committee shall include six (6) Meridian residents from diverse geographic areas of Meridian,to include at least one (1) individual who resides south of Interstate 84, one (1) individual who resides north of Ustick Road, one (1) individual who resides west of Meridian Road, and one (1) individual who resides east of Meridian Road. The six(6) Committee members shall be voting members, and shall serve without salary or compensation for their service. 3. The Meridian Districting Committee shall include the following ex-officio, non-voting members: a. The City of Meridian Geographic Information System Manager or designee; b. The City of Meridian Planning Manager or designee; and c. The Ada County Clerk or designee. 4. The Meridian Districting Committee may include the following ex-officio, non-voting members, as may be hired by the City of Meridian: a statistician, a cartographer, and/or any other experts whose services may be helpful in the discharge of the Meridian Districting Committee's responsibilities. D. Ineligible for candidacy. A person who has served on the Meridian Districting Committee shall be ineligible to run for a Meridian City Council seat for five (5)years following such service. E. Duties and powers. The following process shall apply to the establishment of City Council districts: Page 12 1/21/25 DRAFT Updates to Title 2, Meridian City Code 1. The Meridian Districting Committee shall evaluate and apply the federal decennial census data for the City of Meridian in order to establish six (6) City Council districts pursuant to the provisions of I.C. 50-707A;Title 1, Chapter 7, Meridian City Code; and all other applicable provisions of local, state, and federal law.To assist the Committee, one (1) or more of the ex officio members shall prepare three (3) potential districting maps for the Committee's initial consideration.The Committee may utilize one (1) of these potential districting maps, or the Committee may develop and utilize a different districting map. 2. Upon completion of a draft districting map, the Meridian Districting Committee shall designate each City Council district with a number from 1 to 6 pursuant to the provisions of Meridian City Code Section 1-2-3(B) and this chapter.The draft map and numbered City Council districts shall constitute the draft districting plan.The Meridian Districting Committee shall hold a minimum of two (2) public hearings to receive public testimony on the draft districting map. 3. The Meridian Districting Committee shall act to establish, by resolution, the Meridian Districting Plan. The resolution must be approved by at least four(4)voting members to be effective, and shall certify that the established City Council districts meet the criteria set forth in I.C. 50-707A and other applicable statutes and laws.The Meridian Districting Plan shall include the following documents,which shall be appended to the resolution, and incorporated into the same by reference: a. A map of the City of Meridian showing the exact locations of the designated City Council districts, labeled with the district numbers and corresponding City Council seat numbers. b. A description of the boundaries of the City Council districts, described by the names of streets or other established features or landmarks. c. A declaration that the City Council seats shall be designated with numbers corresponding to the like-numbered City Council districts, in accordance with Meridian City Code Section 1-2- 3(B). 4. The Meridian Districting Committee shall transmit its resolution to the City Clerk, and the City Clerk shall: a. Schedule a public hearing before the City Council on the resolution; b. Make the resolution available on the City of Meridian's website; and c. Publish a notice of hearing on the matter before the City Council. 5. The City Clerk shall publish notice of the public hearing on the Meridian Districting Committee's Meridian Districting Plan before City Council at least once prior to the date set for the public hearing, which notice shall solicit written and verbal testimony on the City Council districts as established by the Meridian Districting Committee, and shall include a link to the City of Meridian's webpage with access to the resolution and appended documents. 6. The City Council shall conduct a public hearing on the Meridian Districting Plan as established by the Meridian Districting Committee, in accordance with the procedures set forth in Meridian City Code for public hearings. Following such public hearing,the City Council shall review the Meridian Districting Plan as established by the Meridian Districting Committee, and upon a finding that it meets the criteria set forth in I.C. 50-707A, shall adopt it by ordinance as the final Meridian Districting Plan. Such act shall be a ministerial function of the City Council; modification of the Meridian Districting Plan established by the Meridian Districting Committee Page 13 1/21/25 DRAFT Updates to Title 2, Meridian City Code shall occur only upon remand to the Meridian Districting Committee.The City Council may remand the matter to the Meridian Districting Committee only upon a finding, supported by substantial evidence, that the Meridian Districting Plan established by the Meridian Districting Committee does not meet the criteria set forth in I.C. 50-707A. Should the City Council fail to adopt the Meridian Districting Plan via ordinance at least one hundred thirty-five (135) days prior to the date of the next general city election,the Meridian Districting Committee's last resolution shall comprise the final Meridian Districting Plan. 7. The City Clerk shall file the Meridian Districting Plan with the County Clerk at least one hundred thirty-four (134) days prior to the next general City election,with a request that the County Clerk prepare ballots and establish polling places for all subsequent Meridian City Council elections in accordance with the Meridian Districting Plan. Upon the City Clerk's filing of the Meridian Districting Plan with the County Clerk,the Meridian Districting Committee shall automatically dissolve. 8. City Council may, pursuant to I.C. 50-707, modify City Council seat numbers after the Meridian Districting Plan has been adopted, so long as such modifications are approved by ordinance at least one hundred thirty-five (135) days prior to the date of the next general City election. F. Meetings. Meetings of the Meridian Districting Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The City Clerk, at the direction of the Mayor, shall convene the initial meeting of the Meridian Districting Committee. Additional meetings of the Meridian Districting Committee may be scheduled by the Chair as necessary to carry out the business of the Committee. 2-3-5. Compensation Committee. A. Establishment;purpose. There is hereby established the Compensation Committee,the purpose of which shall be to make recommendations to City Council regarding the Mayor's and City Council's compensation. B. Membership qualifications. The Compensation Committee shall consist of no less than five (5) citizens, business leaders, and former elected or appointed officials of the City of Meridian. C. Duties and powers. The Compensation Committee shall make recommendations to City Council regarding whether to adjust, increase, or decrease the Mayor's and City Council's respective compensation. In setting the budget for the compensation of the Mayor and City Council, City Council shall consider, but shall not be bound by, the recommendations of the committee. In making its recommendations, the Compensation Committee may consider any or all of the following: 1. Similar salaries in other cities, 2. Economic factors, 3. Potential impact to the City's budget, 4. The elected officials' performance while in office, and 5. Changes to other City employees' salaries. Page 14 1/21/25 DRAFT Updates to Title 2, Meridian City Code D. Meetings. Meetings of the Compensation Committee shall be held at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. The Human Resources Director shall convene the Committee in each municipal election year, prior to the budget workshop. 2-3-6.— Utility Billing Review Committee. A. Establishment;purpose,duties and powers. There is hereby established the Utility Billing Review Committee,the purpose of which shall be to hear disputes, objections, appeals, or requested adjustments by an authorized water and/or sewer user related to water and/or sewer user accounts, statements, and fees, and/or permits including, but not limited to, nonpayment and shutoff of water service, assessment fees, connection fees,wastewater discharge permits, monthly user charges or other fees established by title 9 of this Code regarding water and sewer use and service. B. Membership qualifications. The Utility Billing Review Committee shall consist of at least three (3) members, but no more than five (5) members,to include the Director of the Public Works Department or designee;the City Attorney or designee; and at least one (1) Meridian citizen. C. Meetings. The Utility Billing Review Committee shall convene upon scheduling and notice by the City Clerk following receipt of a written request for hearing as set forth in this chapter. When necessary, the Utility Billing Review Committee shall convene at 3:00 p.m., on the third Wednesday of the month at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho.Additional meetings of the Utility Billing Review Committee may be scheduled by the Committee as necessary to carry out the business of the Committee. D. Hearing process. The following process shall apply to hearings before the Utility Billing Review Committee: 1. An authorized water and/or sewer user may request a hearing by submitting a written request for hearing to the City Clerk within thirty(30) days from the dated notification of administrative denial of a request for adjustment. Such request for hearing shall include such user's name, mailing address,telephone number, e-mail address, and water or sewer account number and address; and a description of the matter(s)to be brought before and considered by the Utility Billing Review Committee. 2. Upon receipt of a timely and complete request for hearing, the City Clerk shall schedule the matter for hearing at the next meeting of the Utility Billing Review Committee. A request for hearing that is received after 3:00 p.m. on the second Wednesday of the month shall not be heard until the third Wednesday of the following month.The City Clerk has authority to schedule the matter for hearing at an alternative time, with the Chair's approval.The City Clerk shall provide notice of the hearing to the user. 3. On the date and time noticed for hearing, the Utility Billing Review Committee shall conduct a hearing on the matter brought by the user. The Committee shall provide the user the opportunity to present credible evidence,to personally appear and be represented and/or accompanied by an advisor or other legal representative,to be judged on facts adduced at the hearing, and to otherwise be heard on the matter. Page 15 1/21/25 DRAFT Updates to Title 2, Meridian City Code 4. At the conclusion of the hearing, the Utility Billing Review Committee shall state a verbal decision,to include general findings of fact and conclusions of law in support of its decision.The Committee shall declare the payment of any money deemed owed to the city due and payable to the City Finance Department immediately or by a date certain, as appropriate.The Committee shall also verbally and on the record inform the user of the user's right to appeal the Committee's decision to the City Council. 5. The City Attorney or designee shall prepare a written decision including the Committee's findings of fact and conclusions of law.The City Attorney shall mail the written decision to the user within seven (7)working days of the conclusion of the hearing. E. Appeal process. A user who receives an adverse decision by the Utility Billing Review Committee shall have a limited right of appeal to the City Council, pursuant to the following: 1. Within three (3)working days of the issuance of the written decision,the user shall file with the City Clerk: a. A written notice of appeal, including a statement of the basis for the appeal, including specific objections to the Utility Billing Review Committee's findings of fact and/or conclusions of law; and b. A cash or check deposit in the amount determined by the Utility Billing Review Committee to be due and payable. 2. Upon timely receipt of a complete notice of appeal,the City Clerk shall schedule the appeal for hearing before the City Council within thirty(30) calendar days.The City Clerk shall provide notice of such hearing to the user. 3. On the date and time duly noticed for hearing before City Council, each party may make a brief statement to City Council. No new evidence shall be presented; City Council shall decide the matter upon consideration of the record of the hearing before the Utility Billing Review Committee. 4. City Council may affirm, overturn, or modify the decision of the Utility Billing Review Committee. City Council shall overturn or modify the decision of the Utility Billing Review Committee only where the Board's findings of fact are not based upon substantial evidence or the conclusions of law are erroneous. City Council may order that the user's deposit be forfeited to city or refunded, less any adjustments. City Council may order that the payment of any additional money deemed owed to the city be due and payable to the City Finance Department by a date certain.The decision of the City Council shall be final. Page 16 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Finance Quarterly Update Finance Quarterly Update L February 2025 NONE vl - y �irE IIZDIAN .- WWW . MERIDIANCITY. ORG # MYMERIDIAN 1DANO City of Meridian Agenda Present FY2024 Financials Change to Fund Balances Impact Fee Fund Results Next Quarterly Update 1 .04 uestions E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian FY2024 Financials - Revenue FY2024 Budget to Actual Results - Revenue General Fund $60,000,000 101.3% $50,000,000 57.7% $40,000,000 $30,000,000 $20,000,000 68.9% 77.7% $10,000,000 133.3% 222.1% 111.0% mm Qto C.. ■Budget ■Actual • City of Meridian FY2024 Financials - Revenue State Sales Tax Shared Revenue - Year over Year $ Changes (aka- New On-Going Revenues from Sales Tax) $4,000,000 $3,746,718 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 5821,403 $1,025,695 $1,000,000 $624,064 5612,089 $582,362 $772,289 $500,000 ■ ■ ■ . . ■5529,561 $124,473 $188,550 $- � FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 r • • City of Meridian FY2024 Financials - Revenue State Liquor Shared Revenue - Year over Year $ Changes (aka - New On-Going Revenues from Liquor Revenues) $350,000 $303,894 $300,000 $250,000 $201,151 $202,454 $200,000 $179,144 $169,777 $150,000 $102,355 $125,368 $100,000 $87,936 $51,159 $- $(50,000) FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 $(100,000) $(57,628) r • • City of Meridian FY2024 Financials - Revenue Franchise Fee Revenue - Year over Year $ Changes (aka - New On-Going Revenues from Franchise Fees) $600,000 $494,636 $500,000 $400,000 $300,000 $200,000 $134,193 $191,098 $193,742 $100,000 $67,072 $8,981 . - $(100,000) FY2014 F� FY2016 FY2017 F� FY 19 FY2020 FY2021 FY2022 FY2023 $(200,000) $(110,761) $(54,509) $(42,559) $(300,000) $(216,642) City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results - Personnel Expenses General Fund $30,000,ODO 96.2% $25,000,000 89.0% $20,000,000 $15,000,000 $10,000,000 95 2% 83.0% 107.9% $5,000,000 in L Admin Comm. Oev. Fire Parks Police Budget ■Actual • City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results - Operating Expenses General Fund $30,000,000 39.8% $25,000,000 - $20,000,000 $15,000,000 $10,000,000 41.8% 77.8% 104.8% 97.0% $5,000,000 Admin Comm. 0ev. Fire Parks Police ■Budget ■Actual • City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results - Capital Expenses General Fund $14,000,000 60.0% $12,000,000 $10,000,000 $8,000,000 $6,000,000 34.6% 85.1% $4,000,000 25.2% $2,000,000 am 0.0096 L It Admin Comm_ ❑ev_ Fire Parks Police ■ Budget ■Actual • City of Meridian FY2024 Financials — Fund Summary FY2024 Budget to Actual Results General Fund $140,000,000 85.7% $120,000,000 $100,000,000 $80,000,000 93.8% $60,000,000 57.8% $40,000,000 55.2% $zo,000,000 6--- Revenue Personnel Operating Capital ■ Budget ■Actual • City of Meridian FY2024 Change to Fund Balance IF Impact Fee Fund $8,608,449 General Fund Community Development $(9,743,955) $1,512,221 General Fund Change to Fund Balance $(1,191,859) Capital Grants Fund Improvement $0.00 Fund $(1,967,873) Public Safety Fund $327,299 E IRDIAN'�— WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian FY2024 Financials - Revenue Revenue FY2❑24 Budget to Actual Results - Revenue Enterprise Fund $25,000,000 106.4% $20,000,000 $15,000,000 75.3% 103.3% 226.9% $1o,000,000 $5,000,000 69.5% 104.7% Water Sales Sewer Sales Water Sewer EPA Compliance Cther Revenue Assessment Assessment Fee ■ Budget ■Actual • City of Meridian FY2024 Financials - Revenue Water and Sewer Sales Revenue - Year over Year $ Changes $2,500,000 $2,157,958 $2,000,000 $1,925,662 $ $1,5QQ000 1,461,544 $1,192,096 $1,029,025 $911,640 $1,000,000 $722,227 $954,392 $776,607 $500 DOQ $463,1 0 95 S- FY2014 FY2015 FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 0 City of Meridian FY2024 Financials - Revenue Water and Sewer Assessment revenue - Year over Year $ Changes $8,000,000 $6,765,094 $6,000,000 $4,316,985 $4,000,000 $2,000,000 $1,306,267 $1,163,663 $661 $1,278,416 - - FY2014 FY2015 FY2016 FY2017 FY2018 RJR $(FS�l, o8} FY2022 FY2023 $(2,000,000) $(845,975) $(1,571,317) $(4,000,000) S(6,000,000) $(8,000,000) $(6,299,113) City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results - Personnel Expenses Enterprise Fund $6,000,000 95.2% $5,000,000 95.7% $4,000,000 96.0% $3,000,000 $2,000,000 $1,000,000 96.2% S- MU85 Public Works Wastewater Water ■ Budget ■Actual r City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results - Operating Expenses Enterprise Fund $6,000,00o 87.2% $5,000,000 102.3% $4,000,000 $3,000,000 $2,000,00o 71.0% $1,000,000 111.9% S- MUBS Public Works Wastewater rater ■Budget ■Act u a I • City of Meridian FY2024 Financials - Expenses FY2❑24 Budget to Actual Results - Capital Expenses Enterprise Fund $70,000,000 34.6% $60,000,000 $50,000,000 $40,000,000 $30,000,000 33.6% $20,000,000 $10,000,000 MUBS Public Works Wastewater Water ■ Budget ■Actual • City of Meridian FY2024 Financials — Fund Summary FY2024 Budget to Actual Results Enterprise Fund $90,000,000 34.4% $80,000,000 $70,000,000 106.9% $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 95.6% 92.6% $1 0,000,000 Revenue Personnel Operating Capital 0 Budget 0 Actual City of Meridian FY2024 Change to Fund Balance Water Division $1,996,106 Enterprise Utility Billing Fund Wastewater $3,465 Change to Fund Division $6,546,789 Balance $2,651,380 Public Works I $(5,894,980) • City of Meridian FY2024 Financials - Revenue Revenue FY2024 Budget to Actual Results - Revenue Impact Fee Fund $12,000,000 $10,0aQ,660 76.1% $8,000,000 $6,000,000 $4,000,000 83.1% $2,000,000 78.3% F, Fire P-rks Police Budget ■Actual • City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results Impact Fee Fund - Fire ❑epartment $3,500,000 83.1% $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 Reve nu e ❑perating Capital Budget ■Actual City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results Impact Fee Fund - Parks Department $12,000,000 $10,000,000 76.1% $8,000,000 $6,000,000 $4,000,000 59.4% $2,000,000 S Revenue ❑perating Capital Budget ■Actual DIAN City of Meridian FY2024 Financials - Expenses FY2024 Budget to Actual Results Impact Fee Fund - Police Department $1,200,000 78.3% $1,000,000 25.5% $800,000 $600,000 $400,000 $200,000 $_ _ Revenue ❑perating Capital ■ Budget ■Actual • R1 DIAN City of Meridian FY2024 Financials — Fund Summary FY2024 Budget to Actual Results Impact Fee Fund $16,000,000 $14,000,000 77.7% $12,000,000 $10,000,000 $8,000,000 $6,000,000 51.5% $4,000,000 $2,000,000 $- Revenue Operating Capital ■Budget ■Actual • City of Meridian FY2024 Change to Fund Balance Parks Department $51629,406 Fire Police Department Department $2.,434,.546 $616,497 Impact Fee Fund Change to Fund Balance $8,680,449 E IRDIAN - WWW . MERIDIANCITY. ORG ;rMYMERIDiAN IDANO City of Meridian Reca p Presented FY2024 Presented Presented Actual Changes to Impact Fee Fund ! p Financial Balances , Fund Results Resu Its WWW . MERIDIANCITY . ORG ■ City of Meridian Next Quarterly Information will focus on demographics and statistics Population Per Capita / / Employee Per Median Permit Water Contract Count / Utility Income / Sales Usage Information Account Per Utility E IRDIAN - WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Questions Ov M ER I fiNANCI VtRYON r,. E IDIAIV- WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Comprehensive Financial Plan Updates Comprehensive Financial Plan � Q.:.. '' Y Review fYLb — FYS5 Ao ■ NONE S ® A .. TA - � ~ L�irEIDA WWW . MERIDIANCITY . ORG # MYMERIDIAN .LN City of Meridian Agenda OF MERlDl9'� ' CFP Process fiNANCE DEPARTMENT q pJ F INRYONQ G MSRlpl94, fiNANCf Development andFinance Challenges y�R `0 EFYERYONti OV M�ER, / -NIP- \• MANGE Questions �,DEPARTMENT// �o EFYERYONti • . WWW . MERIDIANCITY. ORG DIAN City of Meridian CFP Process Data Entry 7 Summary UP UP • Departments Report Presentations and Council Balancing Summary UP UP Meetings Act Report •Directors and p Council • Revenues versus Expenses E IRDIAN — WWW . MERIDIANCITY. 0RG Y ERIDiAN IDANO City of Meridian CFP Process Always Fluid Annual Budget Never Determines Adopted Final CFP Items Comprehensive Financial Balancing Plan Executive Act to Branch Promote Discussion Input Guiding Legislative Document Branch Input 0 Development and Finance es City of Meridian Slower Growth from Development and Less Permit Sales = State Shared Less New Revenues Opportunity for Review Revenues for New Needs Improved Technology Investment SAFER Grant •Operational Efficiencies •Programs/Activities/Services Review • Lack of funding •Alignment with City Strategic Plan Source •Resource Allocations guarantee Development Based Services •Building Department •Planning Department •Community Development • Development and Finance es City of Meridian PERMIT SALES SINGLE FAMILY AND MULTI-FAMILY HOMES N m M N � N � � N O .-I `~ N N o m c m .y ti N � co N N ti � � m I I I FY2004 FY2005 FY2006 FY2007 FY2008 FY2009 FY2010 FY2011 FY2012 FY2013 FY2014 FY2015 FY2016 FY2017 FY2019 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 r 0 R G M Y M E R I r City of Meridian Development and Finance Challenges Month Sum of PermitCount TOTAL RESIDENTIAL PERMIT COUNT YEAR TO DATE a o CN +II LO o I O 0 0 r�i rr r 0 a co ■Total 0 o c a a N o � N O o Cn 0) c C6 cN a Lo 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Fiscal Year - • - - • City of Meridian Development and Finance Challenges Month Sum of PermitCount TOTAL MULTIFAMILY UNIT COUNT YEAR TO DATE 0 N N V d O O N � M N N Cl) O O N O 0 Tote f� O Ti 00 O O O O d V O171 O CDO O O O O O M O V `� r o 0 0 o Q o N 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Fiscal Year • City of Meridian Development and Finance Challenges PERMIT SALES SINGLE FAMILY AND MULTI-FAMILY HOMES o � $ M � N 00I N tD Ln Ln m Ln Ln ll1 In N J.: nJ Q � to M a Lr ri LA �, r Q v - Ln Ln M M rnlrnlrnm go v o 0 0 0 N N N N M 00 � O O O O O N tO tD LD LD LO !" 00 a1 O ti N M C in LD rl 00 M O N m V Ln tD A 00 Q1 O .-i N m V Ln LD F- 00 M O N fV N N N N " N fV fV M M M M M M M M M M cf V V V V G V V V Ln 0 0 0 0 0 0 0 o v o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N h N LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL City of Meridian Development and Finance Challenges New Construction Increase - Property 'faxes $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 — $_ �� �fl� ��� �0� ❑a� �� O�Q O�� 4y� ��� O�� O�� 4�� 0�� ati� O�� 4�� ��� DOS O�� O�� 4�� Development and Finance es City of Meridian Public Safety Personnel Costs - Percentage of Property Taxes 120.00% 100.00% 80.00% 60.00% 40.00 20.00% 0.00% 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Public Safety Personnel Costs • City of Meridian Development and Finance Challenges Funds 01,08,50,55 Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Property Tax Revenue(31000) $22,534,302 $24,786,974 $26,634,071 $28,846,379 $31,329,216 $34,234,694 $37,269,330 $40,240,607 $42,908,333 $45,983,863 $48,282,079 i Fire Personnel Costs $ 7,110,820 $ 8,137,151 $ 8,204,570 $ 8,805,100 $ 9,811,669 $10,445,379 $11,374,096 $12,533,316 $13,302,629 $16,265,754 $20,075,813 2 Police Personnel Costs $ 9,243,847 $11,039,298 $11,573,987 $12,552,276 $13,648,843 $15,827,926 $17,682,555 $19,066,449 $21,273,462 $24,860,806 $26,448,861 8 Public Safety Personnel Costs $16,354,667 $19,176,449 $19,778,556 $21,357,377 $23,460,511 $26,273,305 $29,056,650 $31,599,765 $34,576,091 $41,126,560 $46,524,674 2 %of Property Tax Revenue 72.58% 77.37% 74.26% 74.04% 74.88% 76.74% 77.96% 78.53% 80.58% 89.44% 96.36% City of Meridian Questions WANCE CWT M = t . E IDIANr WWW . MERIDIANCITY. ORG # MYMERIDIAN IDANO City of Meridian Development and Finance Factors Public Safety Personnel & Operating Casts - Percentage of Property Taxes 140.00% 120.00% 100.00% 80.00% 60.00 40.00 20.00% — 0.00 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Public Safety Personnel& Operating Costs 0 City of Meridian Development and Finance Factors A L M N U N CZ K S I U V N Funds 01,08,50,55 Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual 2024 2015 2016 2017 2028 2019 2020 2021 2022 2023 2024 Property Tax Revenue(31000) $22,534,302 $24,786,974 $26,634,071 $28,846,379 $31,329,216 $34,234,694 $37,269,330 $40,240,607 $42,908,333 $45,983,863 $48,282,079 0 Public Safety Personnel &Operating Costs $19,012,003 $22,444,338 $22,816,987 $24,895,397 $27,356,016 $30,246,299 $34,392,828 $36,616,858 $40,717,246 $49,096,639 $54,468,882 4 1erty Tax Reve 84.37% 90.55% 85.67% 86.30% 87.32% 88.35% 92.28% 90.99% 94.89% 106.77% 112.81% r (:> E IL Police - CFP Request CID i OPS Administrative Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $7%770 $69525 $839295 Start: 2026 End: FTE The CID & OPS Administrative Assistant plays a crucial Their expertise in using advanced software such as role in expediting law enforcement processes, CLEAR and (LETS, enhances the team's ability to locate particularly through efficient access to specialized and identify offenders quickly and effectively. databases. Initially this was 2 FTEs, but we cut it back to 1 FTE to split between the two divisions to save money. [!information hey ensure investigative integrity by researching and This position directly supports law enforcement efforts nalyzing offender data, delivering comprehensive by assisting with photo identification, firearm to detectives and new-hire background background checks, and information requests that vestigators. uphold compliance and public safety. www.meridiancity.org Police - CFP Request t PoLice Officers (2) and Vehicles Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2979634 $150,174 $4479808 Start: 2026 End: FTE The Police Allocation Model (PAM) ensures the City The Chief of Police annually presents PAM findings of Meridian is equipped to meet community safety to the City Council, ensuring transparency and needs by forecasting patrol staffing requirements informed decision-making regarding staffing based on growth and operational data. adjustments. ntegrates workload, performance metrics, This adaptive model reflects dynamic factors, oadway characteristics to create a balanced allowing FTE allocations to rise or fall as ng approach for reactive, proactive, and communi Ja7dministrative duties. efficienc - • • • • - • - ' • www.meridiancity.org Police - CFP Request t Rescue and Response Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $69400 $3729042 $3789442 Start: 2026 End: 2026 A critical safety and liability Reduces reliance on external decision , delivering life-saving jurisdictions for armored benefits for officers and support, improving response civilians while strengthening times. overall community safety. www.meridiancity.org Police - CFP Request t Traffic MotorcycLe Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $59000 $369500 $369500 Start: 2026 End: 2026 Add a 2026 Harley to the police traffic team fleet and keep the 2021 Harley #530 fully equipped as a spare bike to use when one is in the shop and for use at training. www.meridiancity.org Police - CFP Request t Design Fees for PSTC (Phase 3) Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $655,000 $655,000 Start: 2026 End: 2026 Estimate based on a designror the nort previous costs and 3% police precinct was yearly market increase a p p roxi m ate ly $596, 68 1 . 00 each year per building facilities . www.meridiancity.org {:/VC E IL PoLice - CFP RequestPoLice Detectives (2) and VehicLes (2) Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2759684 $1229368 $3989052 Start: 2027 End: FTE Criminal investigations are becoming increasingly complex, often requiring specialized skills and extended time commitments. Cases involving cyber crime, financial fraud, organized crime, and other sophisticated criminal activities demand more resources and expertise. Additional FTE's will ensure that complex cases receive the attention they require without overburdening existing personnel. The current detective staff is operating at capacity, and the growing caseload is resulting in delayed investigations. With limited staff, detectives are often forced to prioritize urgent cases, leading to a backlog of investigations that require significant follow-up. This not only delays justice for victims but can also impact the overall effectiveness of the department. 2 FTE detectives would help reduce this backlog, improve case resolution rates, and enhance the department's ability to deliver timely outcomes for all cases. www.meridiancity.org C�/WENL Police - CFP Request Community Service Officer with VehicLe Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1069331 $959790 $2029121 Start: 2027 End: FTE The Police Department has 8 non-sworn Community Community Service Officers help sworn officers attain Service Officers who take calls for service on patrol the department's proactivity goals by covering select teams. They currently cover a higher proportion of administrative and citizen-initiated call types, so sworn administrative calls per person than patrol officers. officers have more time available for other work. One of PAM's priorities is to ensure officers have time for . - • - - . - - self-initiated, proactive community contacts - a goal - • • - • • • . • - • that becomes increasingly difficult to meet when • - - • - • • • understaffed. • www.meridiancity.org Police - CFP Request t SpeciaLty VehicLe Technician Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1049400 $169330 $120,730 Start: 2027 End: FTE Cost Savings: Hiring an in-house Emergency Vehicle Enhanced Turnaround Time: With a dedicated Technician could save significant costs, as outsourcing technician focused solely on cityvehicles, the time to up-fitting and repairs for police vehicles cost $117,285 build and repair vehicles would decrease, as in FY23 and is projected to exceed $120,445 in FY24. standardized processes develop. Broader Departmental Benefits: The technician could Improved Efficiency: An on-campus technician can serve other departments like Fire and Public Works, provide immediate minor repairs, reducing vehicle [also aking on their up-fitting needs and repairing specialty downtime and eliminating the need for staff to transport systems, paving the way for more in-house vehicle vehicles to external vendors. services. www.meridiancity.org (:> E IDIAN -,- PoLice — CFP Request t PubLic Safety Training Center ( Phase 3) Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $119220,000 $11 ,2209000 Start: 2027 End: 2027 Phase 3: The central station training center is the final Expanded Training Facilities: Phase 3 of the training center expansion the police department will require for a long will add training rooms to support department training and time. Once completed there will be some minor remodeling the Joint Meridian/Nampa Patrol Academy. done to bathrooms and locker rooms on the main administrative building. Impact Fees & Capital dollars. [attendees. arking Improvements: An expanded parking area will Efficient Space Utilization: The new buildingwill free up ccommodate both on-duty staff and training center space in the Police Department for office use, avoiding the need for additional costly square footage. www.meridiancity.org Police - CFP Request t Police Officers (2) and Vehicles Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2979634 $150,174 $4479808 Start: 2028 End: FTE The Police Allocation Model (PAM) ensures the City of The Chief of Police annually presents PAM findings to Meridian is equipped to meet community safety needs the City Council, ensuring transparency and informed by forecasting patrol staffing requirements based on decision-making regarding staffing adjustments. growth and operational data. [approach AM integrates workload, performance metrics, and This adaptive model reflects dynamic factors, allowing oadway characteristics to create a balanced staffing FTE allocations to rise or fall as commu t needs for reactive, proactive, and administrativeuties • - • - '• ' . - • . - • • - www.meridiancity.org {:/VC E IL Police - CFP RequestSchooL Resource Officer and VehicLe Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1499623 $117,189 $2669812 Start: 2028 End: FTE Growing Need: Significant growth in public charter Shared Cost: The SRO position is a shared cost schools in Meridian, serving approximately 2,000— among Compass Public Charter School, Gem 2,500 students, has created a need for dedicated Prep, Idaho Virtual Academy, and Doral Academy. school resource officer (SRO) support. SRO Role: The SRO will ensure campus safety, Improved School Support: Adding this SRO will investigate and prevent crimes, handle Health & enhance the safe-schools team, providing better Welfare referrals, perform patrol duties, and safety, security, and engagement for these school educate and mentor students. communities. www.meridiancity.org Police - CFP Request t Mental Health Manager Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1319304 $149165 $1459469 Start: 2028 End: FTE Current CIT Model: The Crisis Intervention Team (CIT) Need for Expansion: Adding a second full-time Mental currently includes two officers and one mental health Health Coordinator would enable 7-day co-response professional, responding to 56% of mental health- coverage, ensuring support for mental health crises at related calls with four-day-a-week co-response any time. coverage. Key Pillars: CIT focuses on officer training, a co- Community Impact: Since its launch, CIT has handled [and esponse model connecting individuals to resources, over 1 ,780 mental health-related calls, and expansion strong partnerships with local mental health and would significantly improve service capacity and community organizations. outcomes for individuals in crisis. www.meridiancity.org {:/VC E IL Police - CFP RequestDesign Fees for PD Admin TI Project Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $400,000 $400,000 Start: 2028 End: 2028 Once Phase 3 of Public Safety Training Center is completed the existing bathrooms and locker rooms will be remodeled and reconfigured for other uses in the main administrative building. These costs are for design of those spaces. Capital Dollars. www.meridiancity.org Police - CFP Request t Records CLerk Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $779758 $8,050 $859808 Start: 2029 End: FTE Increased Records Workload: Rising calls for service, Efficiency and Compliance: Adding a Records Clerk will investigations, and the addition of a new precinct have improve response times for public records requests, significantly increased records management demands, streamline internal processes, and ensure compliance requiring dedicated staff to handle the growing volume. with state and federal record-keeping standards. New Precinct Staffing: The new police precinct Community and Officer Support: A well-staffed records generates additional reports and documentation that unit ensures timely access to critical data for officers require efficient handling to ensure consistent and community members, fostering trust, transparency, operations without overburdening existing staff. and operational effectiveness. www.meridiancity.org Police — CFP Request Crime Data SpeciaList NIBRS Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $779758 $8,050 $859808 Start: 2029 End: FTE Backlog and Compliance Needs: A Crime Data Efficiency and Workload Management: Adding a CDS Specialist (CDS) is needed to reduce the backlog of will alleviate workload from Crime Analysts, allowing criminal reports, some over 90 days old, and ensure them to focus on strategic crime analysis rather than timely compliance with in-custody arrests, Public report processing. Records Requests, and FBI UCR NIBRS reporting [average ustained High Volume: The department processes an Cost and Resource Benefits: Hiring a CDS will improve of 12,500 reports annually, and a study shows processing times, reduce reliance on overtime, and hat each CDS can handle 3,100 reports per year, enhance the department's ability to allocate police ustifying the need for an additional specialist. resources effectively. www.meridiancity.org Police - CFP Request Police Officers (2) and Vehicles Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2979634 $150,174 $4479808 Start: 2029 End: FTE The Police Allocation Model (PAM) ensures the City Their expertise in using advanced software such of Meridian is equipped to meet community safety as CLEAR and ILETS, enhances the team's ability needs by forecasting patrol staffing requirements to locate and identify offenders quickly and based on growth and operational data. effectively. PAM integrates workload, performance metrics, This adaptive model reflects dynamic factors, and roadway characteristics to create a balanced allowing FTE allocations to rise or fall as staffing approach for reactive, proactive, and community needs evolve, ensuring resourc administrative duties. efficienc - • • • • - • - ' • www.meridiancity.org (:> E IL Police - CFP RequestPolice Admin Building - Tenant Improvement Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $1 ,0000000 $19000,000 Start: 2029 End: 2029 Parking Lot Expansion: Evaluating plans to expand and Office Space Expansion: Assessing potential office remodel the parking lot to accommodate growing staff space remodels to improve functionality and address and operational needs. Capital Dollars. capacity demands. Bathroom & Locker Room Upgrades: Considering Strategic Planning: These projects aim to optimize expansions and renovations to enhance facilities for space utilization and support future department growth. personnel. www.meridiancity.org Police - CFP Request t FLeet and BuiLding Services Assistant Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $8%349 $49710 $949059 Start: 2030 End: FTE OF Support for Fleet and Facilities: As the department Improved Vehicle Management: This position would grows, a full-time employee is needed to assist the Fleet streamline vehicle transport, reducing reliance on and Building Services Manager with vehicle, equipment, volunteers or patrol officers and ensuring faster and facility tasks. responses to maintenance needs. Facility Assistance: The employee could handle minor Increased Efficiency: By delegating smaller tasks, the facility tasks, such as escorting contractors, freeing up Fleet and Building Services Manager can focus on management for higher-priority responsibilities. critical duties like radio systems, duty gear, and budgeting. www.meridiancity.org Police - CFP Request Police Officers (2) and Vehicles Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2979634 $150,174 $4479808 Start: 2030 End: FTE The Police Allocation Model (PAM) ensures the City Their expertise in using advanced software such of Meridian is equipped to meet community safety as CLEAR and ILETS, enhances the team's ability needs by forecasting patrol staffing requirements to locate and identify offenders quickly and based on growth and operational data. effectively. PAM integrates workload, performance metrics, This adaptive model reflects dynamic factors, and roadway characteristics to create a balanced allowing FTE allocations to rise or fall as staffing approach for reactive, proactive, and community needs evolve, ensuring resourc administrative duties. efficienc - • • • • - • - ' • www.meridiancity.org Police - CFP Request t Deputy Chief of Police and Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2329478 $108,349 $3409827 Start: 2031 End: FTE Leadership for Growth: The department's expansion Improved Span of Control: A Deputy Chief will reduce requires additional leadership to maintain operational the burden on existing leadership, allowing for better effectiveness, improve oversight, and meet increasing supervision, mentorship, and accountability across all community demands. divisions. JStrategic Planning and Resource Management: This Stronger Community Engagement: A dedicated role will enhance the department's ability to manage Deputy Chief will strengthen relationships with local complex workloads, oversee special projects, and stakeholders, fostering trust, improving communication, allocate resources effectively to address public safety and enhancing public safety collaboration. challenges. www.meridiancity.org Police - CFP Request t Code Enforcement Officer Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $939605 $569550 $150,155 Start: 2033 End: FTE Increased Workload Demands More Staff-The Code population Growth Drives Higher Case Volume -With Enforcement Unit is handling over 900 cases per officer cases rising from 4,000 in 2017 to an estimated 6,000 in annually, far exceeding the recommended 600, 2019, staffing must grow to maintain effective necessitating at least two additional Code Enforcement enforcement and community service. Officers. If the City adds a downtown residential permit parking program Police will need additional Code FTE's. Need for Administrative Support- Officers spend Sustaining Service Quality-Without additional significanttime on clerical tasks, such as processing staffing, the abilityto manage cases effectively will 546 to vehicles in 2019, reducing their ability to decline, impacting community standards. Investing in focus on enforcement. A dedicated clerical position will personnel will maintain high-quality service for Meridian improve efficiency. residents. www.meridiancity.org Police - CFP Request t PoLice Recruiter and VehicLe Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $151 ,140 $609644 $211 ,784 Start: 2034 End: FTE Essential for Staffing Growth & Retention -A Competitive Hiring Advantage -A recruiter will dedicated Police Recruiter will address increasing hiring improve outreach by targeting passive candidates, needs due to city expansion and officer retirements, attending job fairs, engaging with academies, and ensuring the department maintains necessary staffing leveraging social media, keeping the department Levels. As of 2/3/25 PD has 13 openings and 3 pending competitive in a ti ht 'ob market. retirements. Efficiency& Cost Savings-Streamlining the hiring Diversity & Community Representation - Focused process will reduce time-to-hire, minimize overtime recruitment efforts will help attract a diverse pool of costs from staffing shortages, and improve candidate candidates, ensuring the department better reflects and retention, making recruitment more cost-effective. serves the community. www.meridiancity.org Police - CFP Request t Investigation AnaLyst SpeciaList Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1 1 1 9495951 $59225 $116,720 Start: 2035 End: FTE Enhancing Crime Prevention - Identifies and analyzes Investigative Support- Conducts in-depth research crime trends and patterns, providing intelligence that and analysis to assist with ongoing investigations, aiding supports proactive law enforcement strategies. in case development and resolution. Data-Driven Decision Making- Monitors crime Real-Time Intelligence Delivery-Supports Patrol and occurrences in relation to enforcement activities, Criminal Investigations Division (CID) by monitoring field ensuring strategic resource allocation based on incidents and providing critical intelligence updates. accurate crime data. www.meridiancity.org {:/VC E IL City Ha [L - CFP Request City Hall HVAC Recommissioning Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $509000 $509000 Start: 2026 End: 2026 Project would include professional rebalancing and tuning of the City Hall HVAC system Project is expected to result in energy savings '�� 1� ► ,� Waiting for results of City Energy Study www.meridiancity.org {:/VC E IL City Ha [L - CFP Request City Hall Historical Center Tenant Improvement Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $150,000 $150,000 Start: 2031 End: 2031 - Pending space planning study results r Historical Center plans to relocate to Library Space would be remodeled to expand Community Development office/cubicle space F Relocate front counter (permits/plans) to this area for more convenient access for the public www.meridiancity.org (:> E IL City Ha [L — CFP Request Janitorial Staff ( and Equipment Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $3679534 $113,078 $4809612 Start: 2031 End: FTE Contracted janitorial services continue to rise in price. This request would bring City janitorial services in-house. Includes 1 Lead Janitor, 4 Janitors, and equipment r Ongoing cost would be offset by elimination of contracted janitorial service r Will only pursue if cost effective and staffing levels can be maintained www.meridiancity.org C�VfENL Street Lights - CFP Request Street Light Fixture Upgrade to LED Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $298600000 $298609000 Start: 2021 End: 2036 Project to convert all HPS bulbs to LED Results in long term maintenance and energy saving Approx 2,600 HPS bulbs remaining At annual funding of $260,000, estimated to be complete by FY31 www.meridiancity.org C�VfENL Street Lights - CFP Request Street Lights - Supplemental Projects Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $6329500 $6329500 Start: 2020 End: 2035 Project to add new streetlights to underserved areas Working to validate total underserved count and develop a 20 year funding plan Current annual funding allows for approximately 4-6 lights to be installed Annual funding of$100,000 (CFP = $63,250, Base Budget = $36,750) www.meridiancity.org C�VfENL Street Lights — CFP Request Street Light Program Administrator Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1179993 $49300 $1229293 Start: 2031 End: FTE Current streetlight program has 0.5 FTE "' allocated fill oil fell Streetlight count continues to grow fell its Accelerating underserved area program may require more resources www.meridiancity.org CFP Requests - Finance, HR, UBS 44DHRGeneratist 41bBiRingiCterk Finance Legal Attorney Administrator Senior Placeholders in the second 5 years of CFP. Accountant IN City staff projected to near 700 in 5 years. ,� City accounts projeNEI I _1110 grow 15% in 5 years. Technology Investments. '� ' Operational Efficiencies. www.meridiancity.org Finance — CFP Request Payroll Administrator Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $929603 $39450 $96,053 Start: 2032 End: FTE Only one employee currently processes Payroll. City staff projected to near 700 in 5 years. so Workday impacts unknown at this moment. Policy changes to payroll timelines unknown at this time. My This Photo CC BY www.meridiancity.org Finance — CFP Request Senior Accountant Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1109062 $39250 $1139312 Start: 2031 End: FTE U 4 City growth will increase over the next 5 2 U L years. W LU J City transactions will increase over the next 5 years. Interest in Grants will impact staff resources. www.meridiancity.org Human Resources - CFP Request {:/VC E IL HR Generalist Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1002273 $8,550 $1082823 Start: 2031 End: FTE HUMM Workday impacts unknown at this moment. ° RESOURCES MANAGEMENTAb aC ARE ER City staff projected to reach 700 in 5 years. ECR,UI1� / R is ShII.L Po ABI LIN TRAINING Flexible in timing of this position. �> MIRING go Placeholder. www.meridiancity.org Utility Billing - CFP Request t Utility Billing Account Clerk Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $779250 $79950 $859200 Start: 2027 End: FTE Account Growth - 15% over 5 Years Account Management Activity Increase Growth Driven www.meridiancity.org Legal — CFP Request 3 ,-{ Deputy CiviL Attorney - CiviL Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1569838 $389600 $1959438 Start: 2033 End: FTE - Anticipation of future growth of the City Eight-year gap between growth of team AU Growth and Complexity of Legal Services Ell Expansion of Services Needed www.meridiancity.org C�/WENLIT— CFP Request Communications Infrastructu - Extension Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $600,000 $600,000 Start: 2026 End: 2030 , I Design, build, and install new fiber optic infrastructure. Upgrade and expand the City's communication infrastructure. Improve redundancy, reduce leased fiber costs, and provide ' connectivity. Collaborate with other agencies to reduce costs and minimize disruption. www.meridiancity.org IT— CFP Request3 ,-{ GIS Analyst Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1009805 $119750 $1129555 Start: 2026 End: FTE City GIS improved over the years, and complexity has Web GIS increased De sktop �,� �� r Staff time to maintain GIS system and other regular tasks limits ' core GIS services. Wnh MAPS Server inw•s *•' . Ell 1 , Departments need sophisticated GIS services, in a timely manner. Distributed Se—ter. Increase GIS staff to meet demands. www.meridiancity.org IT— CFP Request3 ,-{ Data/Reporting Analyst Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1259847 $99650 $1359497 Start: 2028 End: FTE t Enable departments to access and analyze critical data across c omplex city systems. Overcome data access barriers by transforming raw data into usable formats. Provide departments with timely and insightful data analysis. Enhance data utilization and improve decision-making. www.meridiancity.org IT- CFP Request 3 ,-{ IT SupportSpecialist Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $959626 $89500 $1049126 Start: 2030 End: FTE • • 01 • • • Address increased IT support needs due to staff growth. ® i Provide support for evolving technology across all departments. ® 00 Ensure continued high-quality IT support for City employees. Enable proactive IT support measures. www.meridiancity.org IT— CFP Request3 ,-{ Infrastructure Engineer Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1269447 $89900 $1359347 Start: 2032 End: FTE Invest in proactive security measures to protect City systems. Support increased workload and evolving demands for the Infrastructure team. Ensure the stability and performance of the City's growing and complex infrastructure. Enhance team capabilities through cross-training and skill v development for improved operational resilience. www.meridiancity.org Other Government — CFP Request {:/VC E IL Communications • - Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $118,557 $39300 $1219857 Start: 2027 End: FTE Growing needs; ongoing needs � L = Level OT service; bench strength _ :. ( � , 3 . 5 FTE s Aoi,l www.meridiancity.org Other Government - CFP Request (:> E IL Downtown Meridian Parking Garage Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $669000 $14,000,000 $1399349000 Start: 2027 End: TBD 1 '. . Public private partnership A0= Satisfy long-term needs _ ' ...--.... .. ......,v .. - � - • � Good downtown partners AIL Ar 0C ighest and best use www.meridiancity.org Other Government - CFP Request {:/VC E IL 9 Mile Creek Restoration Project Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $194259832 $194259832 Start: 2024 End: 2026 Project costs will be offset by Federal Grant (90%) and MDC contribution _ ` r 7�qCity is managing project and grant administrative process —• � ` •• Project will benefit 78 acres, 41 structures from the City's Special Flood Hazard Area ` Current Status: completing final design. Once complete we will receive new �,..� — i� • --- — '` _ cost estimates, will update ROI and apply for construction grant funding +'�• i IIA, a www.meridiancity.org {:/VC E IL Legal — CFP Request ,-{ Prosecution Team (6) and VehicLes (2) Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $291 ,702 $1109950 $4029651 Start: 2033 End: FTE Request includes a reduction of $572,610 for outside prosecution services provided by City of Boise. .� Contracting service with separate jurisdiction untenable �~ Accountability to the needs of the City and the Police Department m i ter" Consistency in application of service needed and delivered www.meridiancity.org Parks - CFP Requests CFP Updates: Related to Operationatizing New Parks or Facilities Parks - CFP Request {:/VC E IL Community Center • • Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $1592949000 $15,2949000 Start: 2026 End: 2027 . Site on West Side of Settlers Park VIM . Construction in 2026 & 2027 �r = . Open in FY28 r - . Staffing will be Phased www.meridiancity.org WENL Parks — CFP Request Settlers Park Expansion Construction Ongoing Cost: One Time Cost: Totat Request: Funding Year Funding Year $0 $294660000 $294669000 Start: 2026 End: 2026 r t Park Expansion L 41 *IV OA. 4* %4m ib *A IncLudes AdditionaL ■Parking Dog Park, Opm� PLY en PLayAreas Gr MAZ Timed with Community Center Project VEN--E www.meridiancity.org {:/VC E IL Parks - CFP Request Community Center • Operations Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year 1859392 $0 $1859392 Start: 2028 End: TBD Typically budgeted with Construction OPERATION MAINTENANCE . Separated & Moved Out to FY28 . Detailed Operations Pro-Forma www.meridiancity.org Parks - CFP Request DAHC Community Center Promotions Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1219424 $89100 $1299524 Start: 2028 End: FTE . Phased Staffing Model . Open with Two Promotions Building a Successful Staffing Model: . Facility Manager . Classes & Camps Coordinator www.meridiancity.org {:/VC E IL Parks — CFP RequestSetters Park Expansion - Operating Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1629264 $0 $1629264 Start: 2027 End: 2027 lll . O&M for Parl< Expansion 101 � � � . Fertilizer, Restroom Supplies, Fuel,MAINTENANCE etc. . Seasonal Labor www.meridiancity.org Parks - CFP Request (:> E IL Community Center - New Staff #1 Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $77,135 $59036 $829171 Start: 2030 End: FTE . Phased Staffing Model . #1 of 3 Potential Staff . Allows for Evening Coverage M-F . May e�Wwo Part-Time www.meridiancity.org {:/VC E IL Parks — CFP RequestCommunity Center — New Staff #2 Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $77,135 $59036 $829171 Start: 2031 End: FTE . Phased Staffing Model (Cont. ) 1 . #2 of 3 Potential Staff W � I - . Allows for Saturday Coverage www.meridiancity.org {:/VC E IL Parks - CFP RequestCommunity Center - New Staff #3 Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $77,135 $59036 $829171 Start: 2032 End: FTE . Phased Staffing Model (Cont.) 01 . #3 of 3 Potential Staff . Allows for 7-days/week coverage www.meridiancity.org {:/VC E IL Parks — CFP RequestDiscovery Park, Phase 3 - Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $500,000 $500,000 Start: 2028 End: 2028 . Final Phase of Discovery Park DiAggvery Pprk . South End of Park 107 . Primarily Open Play Fields . Possible Parking, Restrooms www.meridiancity.org {:/VC E IL Parks - CFP Request Discovery Park, Phase Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $1769429 $596609132 $598369561 Start: 2029 End: FTE . Final Phase of Discovery Park DjAp,Qvery PlIrk . Construction and Operating . No Changes to Original Timeline www.meridiancity.org Parks — CFP Request t Graycliff Park — Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $1859500 $185,000 Start: 2028 End: 2028 Grayctiff Sub Area . Potential Partnership w/ Developer Neighborhood Park . Design . Moved from 2026 to 2028 www.meridiancity.org Parks - CFP Request t Graycliff Park - C • • Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $80,453 $495969500 $4996759809 Start: 2027 End: FTE Grayctiff Sub Area . Potential Partnership w/ Developer Neighborhood Park . Construction & Operating . Moved from 2027 to 2029 www.meridiancity.org Parks — CFP Request {:/VC E IL Graycliff/Discovery - & Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $749907 $459700 $1209607 Start: 2029 End: FTE . 1 Staff tied to Opening Both Park Areas . Moved from 2027 to 2029 Al ,a. i www.meridiancity.org {:/VC E IL Parks — CFP RequestFields District Community Park Phase 1 — Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $1 ,1090700 $191099700 Start: 2029 End: 2029 . New Parkin NW Meridian Fields Dist. r i. c t Community Park . Phase 1 Design . Moved from 2027 to 2029 www.meridiancity.org Parks — CFP Request tDAHC Fields District CommunityPark Phase Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $191 ,298 $1295179500 $1297089798 Start: 2030 End: FTE . New Parkin NW Meridian Fields District Community Park . Phase 1 Construction . Moved from 2028 to 2030 www.meridiancity.org {:/VC E IL Parks — CFP RequestFields District Park- Sr. Maintenance Tech , Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $74,031 $469650 $1209681 Start: 2031 End: FTE Fields . Sr. Maintenance Tech Community Park 8 to 2031 www.meridiancity.org {:/VC E IL Parks — CFP RequestWest Meridian RegionaL Park Phase 1 — Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $888,000 $888,000 Start: 2032 End: 2032 WP,5t Mpridian . New ParkinWMeridian BQgional Pprk . Phase 1 Design Phase 1 . No Chan e to Timeline - 2032 g www.meridiancity.org {:/VC E IL Parks — CFP RequestWest Meridian RegionaL Park Phase 1 — Construction Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $2059483 $1090519500 $1092569983 Start: 2033 End: Wp§t Mpridiarl . New ParkinWMeridian Regional Park Construction & Operating Phase 1 . No Chan e to Timeline - 2033 g www.meridiancity.org {:/VC E IL Parks — CFP RequestWest Regional Park — Sr. Maintenance Tech, Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $83,327 $469924 $1309251 Start: 2032 End: FTE Wpc§t Mpridiarl . Sr. Maintenance 1111 Regional Park . Moved from 2033 tPhase 1 o 2034 . Moved 2nd Staff Position out to 2039 Due to Phasing www.meridiancity.org Parks — CFP Request t Margaret ALdape Park - Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $994,000 $9949000 Start: 2033 End: 2033 . New Park in N Meridian, on 1Pa rk Boise River MargaF-et Aldape . Partnership with Ewing Family . Design . Changed from 2030 to 2033 www.meridiancity.org {:/VC E IL Parks - CFP RequestMargaret ALdape Park Construction Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $3539298 $793389500 $797329350 Start: 2034 End: FTE Margaret AtqQRP . Partnership with Ewing Family Pa rk . Park Construction & Operations Elpnged from 2031 to 2034 www.meridiancity.org Parks — CFP Request (:> E IL Margaret Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $879467 $66,924 $1749240 Start: 2035 End: FTE Margaret Aldape pprk Sr. Maintenance Tech . Moved from 2030 to 2035 www.meridiancity.org Parks — CFP Request {:/VC E IL Margaret Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $879467 $66,924 $1549391 Start: 2035 End: FTE ` . Regional Crew Chief R,E _ Fields District, W. Meridian, Aldape . Moved from 2030 to 2035 www.meridiancity.org {:/VC E IL Parks — CFP RequestFields District Community Park Phase 2 — Design Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $4809870 $4809870 Start: 2035 End: 2035 Fields Distri ,. t . Phase 2 Pommunity ParK . Design . Was all in one phase originally Construction, etc. out further than 10 years www.meridiancity.org Parks — CFP Requests Other CFP Updates: Not Related to Operationalizing New Parks Staff ing- Related Parks - CFP Request VoLunteer • • • • Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $85,708 $99950 $959658 Start: 2031 End: FTE � . If the proposed FY26 Admin Reclassification olunteer is approved... - _ Programs � . This Position will be removed from CFP www.meridiancity.org Parks - CFP Request {:/VC E IL Pathway Development - Maint Tech Staff & Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $74,031 $619700 $135,731 Start: 2029 End: FTE i, �. rr . Maintains growing/aging pathway network . Moved from 2028 to 2029 www.meridiancity.org Parks - CFP Request Park Scheduling Specialist Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $102,342 $99700 $112,042 Start: 2030 End: FTE 0 .1 . Manages Scheduling of Park Facilities with: . Sports Organizations, External Special Events . Currently Combined with Non-traditional Sports . Will Eventually Need to Split, Based on Growth www.meridiancity.org Parks — CFP Request Forestry Assistant & Vehicle Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $859392 $499324 $1349716 Start: 2031 End: FTE Helps Manage the Urban Forest, Pruning, etc. . Growing, Aging Tree Network Moved from 2028 to 2031 t,� F l z _ . Can Continue to Contract Tree Work, etc. www.meridiancity.org Parks - CFP Requests Other CFP Items: Not Related to Operationalizing New Parks Wor Staff i ng Parks - CFP Request Impact Fee ELigibLe Park Land Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $189135,000 $18,1359000 Start: 2026 End: 2033 Future Meridian Parks System Maarc 4kepe r o; d �y . Land Acquisition is Impact Fee Eligible n1anPo s<.r Pork „Mendion niNw luNus M. Rc Iperk u , NNMe,Por , FY26 Request will become an FY25 Ame1111111 ndmenMap Legwd 9;a o sm,ry w S riaKvrt �..r6u5rc[e.rnld. . Fields District Property Acquisition `�"° Future Land Still Needed d Olrwgry Po 'i Disrorery www.meridiancity.org Parks — CFP Request Pathway C • - • Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $394129000 $394129000 Start: 2026 End: 2035 . Future Pathway Connections 1 Divided into Annual Requests New Pathway Segments, Amenities y- . Master Plan is Being Update www.meridiancity.org Parks — CFP Request t Wi- Fi for Kleiner Park Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $200,000 $200,000 Start: 2026 End: 2026 . Wi- Fi for Kleiner Park . Similar to Settlers, Discovery www.meridiancity.org Parks - CFP Request {:/VC E IL Park Identity/Theming Reinforcement Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $500,000 $500,000 Start: 2026 End: 2034 . Park Identity & Theming Projects ` . Typically Every Other Year . Future: Settlers, 81" Street, Bear Creek, etc. www.meridiancity.org Parks — CFP Request Ustick ' • Median Islands Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $139000 $1249000 $1369800 Start: 2026 End: 2027 . Discussed with Council November 2024 . Linder to Ten Mile . Ten Mile to Black Cat . Roadway Project Under Construction www.meridiancity.org Parks — CFP Request {:/VC E IL Linder Rd Overpass Median Islands Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $89250 $300,000 $3089250 Start: 2027 End: 2027 . Discussed with Council November 2024 Linder Overpass -- k .°� . Center Islands and Buffer Strips www.meridiancity.org Parks — CFP Request {:/VC E IL Shade Structure in Existing Parks Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $300,000 $300,000 Start: 2027 End: 2029 r . Construction of Shade Structures at Various Park Locations . Next Project (2027) TBD www.meridiancity.org Parks — CFP Request {:/VC E IL Parks Maintenance Equipment & Vehicle Purchases Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $599900 $599900 Start: 2026 End: 2028 - Verticutter - Thatch Remover u . Tree Limb Chipper/Shredder r www.meridiancity.org Parks — CFP Request (:> E IL Meridian Parks & Recreation Master Plan Update Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $150,000 $150,000 Start: 2029 End: 2029 � �'� � - . Master P la n U date ever 5-7 ears RI DIAN I DAH. . Next Update Anticipated 2029 PARKS AND RECREAT''JI11, MASTER PLAN 11PDATE =o� www.meridiancity.org Parks - CFP Request {:/VC E IL Meridian Chamber of Commerce BuiLding Acquisition Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $200,000 $200,000 Start: 2031 End: 2031 MERIDIAN CHA-DEP op COMMERCE __ � - . When Chamber Moves to New Facility . Acquire Building as City Asset in Storey Park www.meridiancity.org Parks — CFP Request (:> E IL Additional. One-Time Improvement Projects Ongoing Cost: One Time Cost: Total Request: Funding Year Funding Year $0 $2199500 $2199500 Start: 2026 End: 2026 - . . Discovery Dog Park Fence Expansion . Lakeview Projects: Fencing to Prevent Cut through Ped Traffic, - Remove Lagoon @ Pond, New Sign, Asphalt @ Loop Drive -. a Park_ . One-time costs, not ongoing (Fund Balance) www.meridiancity.org eject/Phase Proposed Date TQdd/Liz Update Original Date Notes i Community Center&Settlers Park Expansion Construction 2026 2026 2026 No changes from recent discussions with Mayor and Council.We are in alignment. Basically,we shifted from 3 FTEs in one year to spread over 3 years starting in FY30. 0&M,Promotions 2028* 2028 2028 *Note:Community Center O&M will be 2028. Park O&M will be needed in late FY27 to beging caring for the grass,etc.as it gets established. FTE 1(or 2 PT) 2030 2030 2030 FTE 2 2031 2031 2030 HE 3 2032 2032 2030 Graycliff Sub Neighborhood Park Design 2028 n/a 2026 May be ready for design in 27 and construction in 28,but will not ready to move forward in FY26. Dependent on developer/market timing.28/291s current best guess. Construction/O&M 2029 n/a 2027 Discovery Park Phase 3 Design 2028 n/a 2028 No changes. Construction/O&M 2029 n/a 2029 Grayclff/Discovery Maintenance Tech 2029 n/a* 2027 Was aligned with opening of Graycliff. Now that it has moved to the same year as Discovery Phase 3,the staff person moves with it. *Note:No changes were in Todd's updates,but Liz's notes state this may move out based on feedback from the developer. Fields District Area Park-Phase 1 Design 2029 n/a 2027 Split project into two phases,based on anticipated Impact Fee revenues. Moved park design/construction out 2 years from 27/28 to 29/30. Construction/O&M 2030 n/a* 2028 *Note:Todd's CFP changes moved the park staffing(see below)but not the park construction.This moves the park construction to match. Fields District Park Phase 1-Sr.Maintenance Tech 2031 2031 2028 Park construction anticipated to last 2 years.Staff needed one year after start of construction.Aligned with Liz's proposal. West Meridian Regional Park-Phase i Design 2032 n/a 2032 No changes to fiscal year.Split project into two phases,based on anticipated Impact Fee revenues. Construction/O&M 2033 n/a* 2033 Liz's notes suggested possibly moving this out to 2035.Recommend leaving it in 2033 for now. I anticipate it will be developable w/water and sewer before Aldape will be.A bit of a crystal ballthis far out. West Meridian Reg.Park Ph.1-Sr.Maintenance Tech 2034 n/a 2033 Was aligned with West Meridian Construction year.Construction anticipated to last 2years,so bumped the staff out one year to algn with park opening. Margaret Aldape Park Design 2033 n/a 2030 1 have a call into Tuck and Sherrie Ewing to check their estimates for future land donation,annexation,and utilities availability. Don't want to send the wrong message that this is not a priority,it is. Construction/O&M 2034 2034 2031 If we find out they think it is likely to develop sooner,I would swap it with Fields,and/or West Meridian and bump those out as needed. Margaret Aid ape Park-Crew Chief&Sr.Maint Tech 2035 2034 2030 Construction anticipated to last 2 years,so bumped the staff out one additional year to algn with park opening. Fields District Park-Phase 2 Design 2035 Fields District Park was all in one phase previously. Phase 2 is new. Construction 2036 West Meridian Regional Park-Phase 2 Design 2037 West Meridian Regional Park was all in one phase previously. Phase 21s new. Construction 2038 West Meridian Reg.Park-Ph.2 Maintenance Tech 2039 2032 Moved one of the staff associated with West Meridian Regional Park out to align with Phase 2. Other CFP Changes Not Related to Operationalizing New Parks Volunteer Coordinator 2031 If the Reclassification of the Current Admin position is approved with the FY26 budget,this will be removed from the CFP. Forestry Assistant 2031 * 2028 Bumping out so that it doesn't hit the same year as Community Center promotions. Can continue to do more with contracted tree work,allowing this to move out beyond the current staffing crisis. Pathways Development Maintenance Tech 2029 * 2028 *Note:Liz's notes requested that we look at the timing of these two positions(Forestry Assistant and Pathways Maintenance Tech)to see if they could be bumped out.We think they can and will bring back a discussion if there's a need to move them back up. W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 25-2073: An Ordinance (Apex Zenith H-2024-0052) for rezone of a parcel of land being all of Government Lot 4 and a portion of Government Lot 5 of Section 6, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 71.44 acres of land from the R-4 (Medium Low- Density Residential) zoning district to the C-G (General Retail and Service Commercial) zoning district in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2025-010345 BOISE IDAHO Pgs=6 VICTORIA BAILEY 02/19/2025 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 25-2073 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE (APEX ZENITH H-2024-0052) FOR REZONE OF A PARCEL OF LAND BEING ALL OF GOVERNMENT LOT 4 AND A PORTION OF GOVERNMENT LOT 5 OF SECTION 6, TOWNSHIP 2 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 71.44 ACRES OF LAND FROM THE R-4 (MEDIUM LOW-DENSITY RESIDENTIAL) ZONING DISTRICT TO THE C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by DWT Investments LLC, SCS Investments LLC SCSH Properties LLC and Brighton Investments LLC, the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from the R-4 (Medium Low-Density Residential) zoning district to the C-G (general retail and service commercial) zoning district. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. REZONE ORDINANCE-APEX ZENITH H-2024-0052 PAGE I SECTION 6. That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO,this 181h day of February, 2025. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 18t" day of February, 2025. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 18th day of February, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho My Commission Expires:_3-28-2028 REZONE ORDINANCE—APEX ZENITH H-2024-0052 PAGE 2 CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . (4)jj /r I V L)10 William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 25-2073 An Ordinance (Apex Zenith H-2024-0052) for rezone of a parcel of land being all of Government Lot 4 and a portion of Government Lot 5 of Section 6 , Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho , more particularly described in Exhibit "A," rezoning 71 .44 acres of land from the R4 (Medium Low-Density Residential) zoning district to the C -G (General Retail and Service Commercial) zoning district in the Meridian City Code ; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] REZONE ORDINANCE - APEX ZENITH H-2121-1112 PAGE S km E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Rezone From R-4 to C-G A parcel of land being a all of Government Lot 4 and a portion of Government Lot 5 of Section 6, Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at an aluminum cap marking the Northwest corner of said Section 6, which bears N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the Northeast corner of Government Lot 3 of said Section 6,thence following the northerly line of said Government Lot 4, S89°42'12"E a distance of 1,189.98 feet to the northeast corner of said Government Lot 4; Thence leaving said northerly line and following the easterly line of said Government Lot 4, S00°26'49"W a distance of 1,326.15 feet to the southeast corner of said Government Lot 4 (northeast corner of Government Lot 5); Thence leaving said easterly line of Government Lot 4 and following the easterly line of Government Lot 5, S00°26'49"W a distance of 1,322.51 feet to a brass cap marking the southeast corner of said Government Lot 5; Thence leaving said easterly line and following the southerly line of said Government Lot 5, N89°22'50"W a distance of 350.00 feet to a 5/8-inch rebar; Thence leaving said southerly line, N00'37'10"E a distance of 23.50 feet to the centerline of W. Aristocrat Dr.; Thence following said centerline the following two (2)courses: 1. N89*22'50"W a distance of429.03 feet; 2. 93.01 feet along the arc of a curve to the left, said curve having a radius of 180.00 feet, a delta angle of 29*36'22", a chord bearing of S75°48'59"W, and a chord distance of 91.98 feet to the southerly line of said Government Lot 5; Thence leaving said centerline and following said southerly line, N89°22'50"W a distance of 340.69 feet to an aluminum cap marking the West 1/4 corner of said Section 6; Thence leaving said southerly line and following the westerly line of said Government Lot 5, N00°51'06"E a distance of 369.97 feet; Thence leaving said westerly line, S89°08'54"E a distance of 84.12 feet to a 5/8-inch rebar on the easterly right-of-way of Meridian Rd./State Highway 69; Thence leaving said easterly right-of-way, N89'50'15"E a distance of 120.87 feet to a 1/2-inch rebar; Thence S00°51'06"W a distance of 50.00 feet to a 1/2-inch rebar; Thence N89°50'15"E a distance of 190.40 feet to a 1/2-inch rebar; Thence N00°51'06"E a distance of 150.00 feet to a 1/2-inch rebar; Thence S89°50'15"W a distance of 305.70 feet to a 5/8-inch rebar on said easterly right-of-way; Thence leaving said easterly right-of-way, N89°08'54"W a distance of 89.69 feet to the westerly line of said Government Lot 5; Thence following said westerly line, N00°51'06"E a distance of 850.91 feet to the northwest corner of said Government Lot 4(southwest corner of Government Lot 4); Thence leaving said westerly line of Government Lot 5 and following the westerly line of said Government Lot 4, N00°51'06"E a distance of 1,320.98 feet to the POINT OF BEGINNING. 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmengllp.com Said parcel contains a total of 71.44 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. )IL ��P GIST a A 12459n �F tiy�4� k L. IB Rezone From R-4 to C-G Apex Zenith Subdivision PAGE 2 EXHIBIT B E. Lake Hazel Rd. NE CORNER BASIS OF BEARING GOV'T LOT 3 N89'42'12"W 2490.51' R/W-1189.98'V R/W R/w R/w R/W 66.32' POINT OF BEGINNING EXISTING RIGHT—OF—WAY (TIE) NW CORNER SECTION 6 ��(WIDTH VARIES) SCSH Brighton DWT Investments LLC N Properties LLC I Investments LLC Government CO Government Lot 4 I Lot 2 o N 6) th APN: S1406223153 & l: l S1406223014 o Government Lot 3 i N 3 Zone: R-4 } Proposed: C-G w _ AREA: 71.44±AC SE CORNER �n GOV'T LOT 3 o z a) GOV'T LOT/ REZONE BOUNDARY SECTION LINE Lq o Government Lot 5 N 0 �- SE 1/4 NW 1/4 S89'50'15"W 305.70' Unplatted o CD Q N L6p z ,� N o L2 Ln o SCSH Properties LLC a N00'51'06"E L G w � a 369.97' L4 o W 1/4 CORNER N89'22'S0"W c SECTION 6 ttNOO*37'1 9.03' CENTER OF R/ 350.00' SECTION 6 o C1 — — — — — N89'22'50"W 0"E N89'22'50"W 1670.93' w 340.69' 23.50' SE CORNER Unplatted Unplatted GOV'T LOT 5 W. Aristocrat Dr. Government Lot 6 9 0 500 1000 1500 LINE TABLE o Plan Scale: 1" = SOON LINE BEARING DISTANCE N CURVE TABLE L1 S89'08'54"E 84.12' N Z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD L2 N89'50'15"E 120.87' 0 N o C1 180.00' 93.01' 29'36'22" S75'48'59"W 91.98' L3 S00'51'06"W 50.00' Z o L4 N89'50'15"E 190.40' X L5 N00'51'06"E 150.00' Z Ion Z a ENGINEERING L6 N89'08'54"W 89.69' 0 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 } PHONE(208)639-6939 Exhibit B kmengllpxom Rezone From R-4 to C-G DATE: September2024 Q PROJECT: 22-075 SHEET: Apex Zenith Subdivision a 1 OF 1 Gov. Lot 4&a Portion of Gov. Lot 5 of Section 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho 1189.98 s89°42'12"e � 3 CD rn o d. N W) M N NM - O O � O GJ � O C y� 'n o � O O i _7 N o M O O 16 s89°50'I5"w Fn30 13 � O O o o M O n89°22'50"w L n89022'50"w -,n89°22'50"w 340.69 429.03 350.00 Title: Rezone from R-4 to C-G Date: 09-24-2024 Scale: 1 inch= 500 feet File: Tract 1: 71.441 Acres: 3111949 Sq Feet:.Closure=n26.2846e 0.01 Feet: Precision>1/999999: Perimeter=8608 Feet 001=s89.4212e 1189.98 008=n89.2250w 340.69 015=s89.5015w 305.70 002=s00.2649w 1326.15 009=n00.5106e 369.97 016=n89.0854w 89.69 003=s00.2649w 1322.51 010=s89.0854e 84.12 017=n00.5106e 850.91 004=n89.2250w 350.00 011=n89.5015e 120.87 018=n00.5106e 1320.98 005=n00.3710e 23.50 012=s00.5106w 50.00 006=n89.2250w 429.03 013=n89.5015e 190.40 007:Lt R=180.00,Delta=29.3622 014=n00.5106e 150.00 Bng s7'5A859w,Nd�Ii.98 W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 25-2074: An ordinance (Apex Zenith — H-2024-0052) annexing a parcel of land located in the east half of the northwest quarter of Section 6, Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 77.71 acres of such real property from RUT (Rural Urban Transition) to C-G (19.19 acres) (General Retail and Service Commercial) and R-15 (58.52 acres) (Medium-High Density Residential) zoning districts; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2025-010346 BOISE IDAHO Pgs=8 VICTORIA BAILEY 02/19/2025 08:12 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 25-2074 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK AN ORDINANCE (APEX ZENITH—H-2024-0052)ANNEXING A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 77.71 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO C-G (19.19 ACRES) (GENERAL RETAIL AND SERVICE COMMERCIAL) AND R-15 (58.52 ACRES) (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owners DWT Investments LLC, SCS Investments LLC SCSH Properties LLC, and Brighton Investments LLC to annex and rezone the land described in the legal descriptions attached hereto as Exhibit "A" and the maps attached hereto as Exhibit "B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222 to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 77.71 acres of such real property from RUT (Rural Urban Transition) to C-G (19.19 acres) (General Retail and Service Commercial) and R-15 (58.52 acres) (Medium-High Density Residential) zoning districts. ANNEXATION ORDINANCE—APEX ZENITH H-2024-0052 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, this 18TH day of February, 2025. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 18t' day of February, 2025. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 18th day of February,2025,before me,the undersigned,a Notary Public in and for said State, personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk,respectively, of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public Commission Expiration:_3-28-2028_ ANNEXATION ORDINANCE—APEX ZENITH H-2024-0052 Page 2 i CERTIFICATION OF SUMMARY : William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . a). William L . M. Nary, Cit Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 25 -2074 An ordinance (Apex Zenith — H-2024-0052) annexing a parcel of land located in the east half of the northwest quarter of Section 6 , Township 2 North, Range 1 East, Boise Meridian, Ada County, Idaho , more particularly described in Exhibit "A" ; rezoning 77 . 71 acres of such real property from RUT (Rural Urban Transition) to C-G ( 19 . 19 acres) (General Retail and Service Commercial) and R- 15 (58 . 52 acres) (Medium-High Density Residential) zoning districts ; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance , providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall , City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary . [Publication to include map as set forth in Exhibit B .] i ANNEXATION ORDINANCE — APEX ZENITH H-2024-0052 Page 4 EXHIBIT A km E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with C-G Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 6, which bears N89°42'12"W a distance of 2,490.51 feet from a 5/8-inch rebar marking the North 1/4 corner of said Section 6,thence following the northerly line of said Northwest 1/4, S89°42'12"E a distance of 1,189.98 feet to the POINT OF BEGINNING. Thence following said northerly line, S89°42'12"E a distance of 1,234.21 feet; Thence leaving said northerly line, S00°12'26"W a distance of 573.21 feet; Thence N89°42'12"W a distance of 1,189.45 feet; Thence S06°23'14"E a distance of 172.03 feet; Thence 58.33 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°41'02", a chord bearing of S03°02'43"E and a chord distance of 58.29 feet; Thence S00'17'48"W a distance of 636.61 feet; Thence 57.85 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06'37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S06*55'33"W a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 06°37'46", a chord bearing of S03°36'40"W, and a chord distance of 57.82 feet; Thence S00°17'48"W a distance of 980.08 feet to the southerly line of said Northwest 1/4; Thence following said southerly line, N89°22'50"W a distance of 56.03 feet to a brass cap marking the southwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 6; Thence leaving said southerly line and following the westerly line of said East 1/2 of the Northwest 1/4 of Section 6, N00°26'49"E a distance of 2,648.65 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.19 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459 0 w OF 1� � L. 1BA1,ti�4 5725 North Discovery Way • Boise,Idaho 83713 • 208.639.6939• kmenglip.com km E N G I N E E R I N G September 24,2024 Project No.:22-075 Apex Zenith Subdivision Exhibit A Legal Description for Annexation with R-15 Zone A parcel of land being a portion of the East 1/2 of the Northwest 1/4 of Section 6, Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at a 5/8-inch rebar marking the Southeast corner of said Southeast 1/4 of the Northwest 1/4 (Center 1/4 corner),which bears S00°00'25"W a distance of 1,324.42 feet from a 5/8-inch rebar marking the Northeast corner of said Southeast 1/4 of the Northwest 1/4 (Southeast corner of Government Lot 3), thence following the southerly line of said Southeast 1/4 of the Northwest 1/4, N89'22'50"W a distance of 1,264.90 feet; Thence leaving said southerly line, N00°17'48"E a distance of 980.08 feet; Thence 57.85 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet,a delta angle of 06°37'46", a chord bearing of NO3°36'40"E, and a chord distance of 57.82 feet; Thence N06°55'33"E a distance of 115.33 feet; Thence 57.85 feet along the arc of a curve to the left,said curve having a radius of 500.00 feet, a delta angle of 06°37'46", a chord bearing of NO3°36'40"E, and a chord distance of 57.82 feet; Thence N00°17'48"E a distance of 636.61 feet; Thence 58.33 feet along the arc of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 06°41'02", a chord bearing of NO3°02'43"W and a chord distance of 58.29 feet; Thence N06°23'14"W a distance of 172.03 feet; Thence 589'42'12"E a distance of 1,189.45 feet; Thence S00°12'26"W a distance of 758.18 feet to a 5/8-inch rebar on the southerly line of Government Lot 3; Thence following said southerly line,S89°27'39"E a distance of 70.98 feet to a 5/8-inch rebar marking the southeast corner of said Government Lot 3; Thence leaving said southerly line and following the easterly line of the Southeast 1/4 of the Northwest 1/4, S00°00'25"W a distance of 1,324.42 feet to the POINT OF BEGINNING. Said parcel contains a total of 58.52 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. IST 4 � a 12459 0 of L. BAy�'A a ,zy.zoZ�l 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com EXHIBIT B E. Lake Hazel Rd. N 1/4 CORNER BASIS OF BEARING SEC. 6 N89'42'12"W 2490.51' 1189.98'—R/w R/�S89'42'12"E 1234.21'w 66.32' POINT OF APN: APortio' ofS1406212401,COMMENCEMENT [—SE59-42'12"E POINT OF � � _ (TIE) NW CORNER 3 BEGINNING S140621260 &S1406244200 N SECTION 6 EXISTING RIGHT—OF—WAY Zo0e: RUT M DWT Investments(WIDTH CARIES) Prop1osed: C-G o I AREA. 19.19 ±AC cn N89'42'12"W 1189.45' Government Government Lot 4 Lot 2 S06'23'14"E 172.03' C1 SCSH Brighton 3 Properties LLCI Investments LLC tD Government Lot 3 _ c6 N SOO*17'48"W SE CORNER -a 636.61' �GOV'T LOT 3 0) REZONE BOUNDARY PARCEL 0) GOV'T LOT/ N C2 LINE SECTION LINE o S06'55'33"W Z 1 15.33' g Government Lot 5 C3 00 PARCEL o SE 1/4 NW 1/4 o LINE Unplatted 00 O N I � m 5 SCSH Properties LLC n Z O a W 1/4 CORNER � CENTER OF 3 SECTION 6 56.03' SECTION 6 o R/w 1264.90' n — — — — — — — w N89'22'50"W 1670.93' o SW CORNER Unplatted Unplatted SE 1/4 NW 1/4 = W. Aristocrat Dr. Government Lot 6 Z 0 500 1000 1500 w Plan Scale: 1" = 500' Z Z a N CURVE TABLE N N z CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 0 N C1 500.00' 58.33' 6'41'02" S03'02'43"E 58.29' o C2 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' w C3 500.00' 57.85' 6'37'46" S03'36'40"W 57.82' Z Z IM E N G I N E E R I N G _m 5725 NORTH DISCOVERY WAY = X BOISE,IDAHD83713 } PHONE(208)639-6939 Exhibit B kmengllp.com Annexation With C-G Zone D DATE: September2024 Q PROJECT: 22-075 SHEET: Apex Zenith Subdivision a 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Sec. 6,T2N, R1E, BM,City of Meridian,Ada County, Idaho 1234.21 s89°42'12"e 3 -- N N [V M o n O In O N n89°42'12"w 1189.45 3 00 — c � O M O O V 7 00 � N � O N O C 3 6 v o o o W O O U. Title: Annexation with GG Zone Date: 09-24-2024 Scale: 1 inch=400 feet File: Tract 1: 19.193 Acres: 836045 Sq Feet: Closure=n46.1645e 0.01 Feet: Precision=1/921905: Perimeter=7780 Feet 001=s89.4212e 1234.21 006=s00.1748w 636.61 011=n89.2250w 56.03 002=s00.1226w 573.21 B g--s03 3640w,Chd=5782 3746 012=n00.2649e 2648.65 003=n89.4212w 1189.45 008=s06.5533w 115.33 004=s06.2314e 172.03 e�s03 3640%°ch�s7 82 3746 Bn g=sdt30 430,�hd 58.96.4102 010=s00.1748w 980.08 NE CORNER GOV'T LOT 3 E. Lake Hazel Rd. R/W R/W R/W R/W R/W R/W O NW CORNER I PARCEL SECTION 6 LINE o' DWT Investments LLC GovernmIent Lot 3 S89'42'12"E 1189.45' Government Government Lot 4 I Lot 2 FC3 Brighton LLC Investments LLC N oo 3 00 _ PARCEL 0 } � LINE o F, c6 o — io I — SE CORNER z — — 1 GOV'T LOT 3 � 00 rB 72 C2 I REZONE S89'27'39"E GOV'T LOT/I N06'55'33"E BOUNDARY 70.98' � SECTION LINE 115.33' G SCSH Properties LLC Government Lot 5 C1 d-CD �z SE 1/4 NW 1/4 Q CO PARCEL w o I LINE-� 000 rn APN: A Portion of S1406212401, �LL m Unplatted S1406212601 &S1406244200 ;n0 p w !1' Zone: RUT oLn a Proposed: R-15 0< r Area: 58.52±AC �m POINT OF o BEGINNING a W 1/4 CORNER z CENTER 1/4 SECTION 6 56.03' CORNER Z R/W 1264.90' SECTION 6 0 a N89'22'50"W 1320.93' o SE CORNER Unplatted Unplatted GOV'T LOT 5 X W. Aristocrat Dr. Government Lot 6 0 500 1000 1500 0 o Plan Scale: 1" = 500' N N CURVE TABLE LINE TABLE N 0 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD LINE BEARING DISTANCE N K Z C1 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' L1 N06'23'14"W 172.03' a C2 500.00' 57.85' 6'37'46" NO3'36'40"E 57.82' a Jam Z C3 500.00' 58.33' 6'41'02" NO3'02'43"W 58.29' Z a E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO83713 } PHONE(208)639-6939 Exhibit B kmengllp.com Annexation with R-15 Zone DATE: September2024 a PROJECT: 22-075 SHEET: Apex Zenith Subdivision 1 OF 1 A Portion of the E 1/2 of the NW 1/4 of Section 6,T2N, R1E, BM, City of Meridian,Ada County, Idaho a l� 1189.45 s89-42'12"e N .- !V pj J � Y _ [� M y�N N O M x Y O C ? O n x o ,'1 O 'J n89°22'50"w 1264.90 Title. Rezone to R-15 Date:09-09-2024 Scale: 1 hich=400 feet File: Tract 1: 58.518 Acres: 2549052 Sq Feet:Closure=n67.2001\N,0.01 Feet: Precision=1/698564: Perimeter=6686 Feet 001=n89.2250w 1264.90 006=n00.1748e 636.61 011=s89.2739e 70.98 002=n00.1748e 980.08 007:LL R=500.00.Delta 06.4I0? 012=s00.0025\,,r 1324.42 003:RL R=500.00.Dc1ta=06.3746 Bn�v03.0243}r,Chd=5S39 Bne n03.364%Chd=57.82 008=n06.2314w 172.03 004=n06.5533e 115.33 009=s89.4212e 1189.45 005:LL R=500.00.Dcita=06.3746 010=s00.1226w 758.18 Bn-n03.3640e,Chd=57.83