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2019-04-18 M ER I D I A N P LANN I N G AND ZON I N G C O MMI SSI ON M EET I N G AGENDA C ity Council C hambers 33 E ast B roadway Avenue M er idian, Idaho T hur sday, Apr il 18, 2019 at 6:00 P M 1. Roll-C all Attendance __X__ Rhonda McCarvel __O__ Andrew Seal __X__ Reid Olson __X__ Ryan Fitzgerald __X__ Lisa Holland __X__ Bill Cassinelli __X__ Jessica Perrault - Chairperson 2. Adoption of Agenda - Adopted 3. C onsent Agenda [Action Item] - Approved A. Approve M inutes of Apr il 4, 2019 P lanning and Zoning Commission M eeting B. F indings of F act, C onclusions of L aw for Real L ife C hur ch (H-2019- 0004) by Real L ife C hur ch, L ocated at 1098 N. Hickor y Ave. 4. Action Items L and U se P ublic H earin g P rocess: After the P ublic H ea ring is opened the staff report will b e p resen ted b y th e assigned city p lann er. F ollow ing S taff's rep ort th e applicant has u p to 1 5 m inutes to presen t their application . E a ch member of th e pub lic may provid e testim on y u p to 3 m inutes or if they are rep resenting a larger group, su ch as a H om eown ers Association , th ey may b e allowed 10 m inutes. T h e applicant is th en a llowed 1 0 add itional minutes to resp ond to th e pub lic's commen ts. N o add itional pub lic testim on y is ta ken on ce the pub lic h ea rin g is closed . A. P ublic Hearing C ontinued fr om M arch 21, 2019 for P ollard S ubdivision (H-2019-0021) by B righton Investments, LLC , L ocated NE C orner of S H-16 and W. C hinden Blvd. Recommend Approval to City Council. Scheduled May 21, 2019 1. R equest: A nnexation and Z oning of 77.33 acres of land with R-8 (21.95 acres) and C -G (55.38 acres) zoning districts; and, 2. R equest: a P reliminary P lat consisting of 75 building lots, 7 common lots and 4 other lots on 71.3 acres of land in the R -8 and C- G zoning Districts B. P ublic Hearing C ontinued fr om Apr il 4, 2019 for Gander C reek (H- 2019-0013) by Tr ilogy D evelopment, Inc., Located at the S W cor ner of N. M c D er mott Rd. and W. M c M illan Rd. Recommend Approval to City Council. Scheduled May 2 8, 2019 Meridian Planning and Zoning Meeting April 18, 2019. Meeting of the Meridian Planning and Zoning Commission of April 18, 2019, was called to order at 6:00 p.m. by Chairman Jessica Perreault. Members Present: Chairman Jessica Perreault, Commissioner Rhonda McCarvel, Commissioner Ryan Fitzgerald, Commissioner Bill Cassinelli, Commissioner Lisa Holland, and Commissioner Reid Olsen. Members Absent: Commissioner Andrew Seal. Others Present: Chris Johnson, Charlene Way, Andrea Pogue, Bill Parsons, Sonya Allen, Mark Niemeyer and Dean Willis. Item 1: Roll-call Attendance __X___ Lisa Holland ___X___ Reid Olsen ______ Andrew Seal ___X___ Ryan Fitzgerald __X___ Rhonda McCarvel ___X___ Bill Cassinelli ___X___ Jessica Perreault - Chairman Perreault: Good evening, ladies and gentlemen. If everyone could take their seats. At this time I would like to call to order the regularly scheduled meeting of the Meridian Planning and Zoning Commission on April 18th, 2019. Let's begin with roll call. Item 2: Adoption of Agenda Perreault: Thank you. Next is the adoption of the agenda. Could I get a motion to adopt the agenda? Fitzgerald: Madam Chair, so moved. Holland: Second. Perreault: It has been moved and seconded to adopt the agenda. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] A. Approve Minutes of April 4, 2019 Planning and Zoning Commission Meeting 1. R equest: A nnexation and zoning of 125.68 acres of land with an R - 8 zoning district; and, 2. R equest: a P reliminary P lat consisting of 401 building lots, 55 common lots, and 5 other lots on 117.10 acres of land in the R-8 zoning district A ll materials pr esented at public meetings shall bec ome pr operty of the C ity of Meridian. Any one desiri ng accommodation for disabilities r elated to doc uments and/or hearing should c ontac t the C ity C lerk's Offic e at 208-888-4433 at least 48 hour s prior to the public meeting. Meeting Adjourned at 9:47 PM Meridian Planning & Zoning Commission April 18, 2019 Page 2 of 75 B. Findings of Fact, Conclusions of Law for Real Life Church (H- 2019-0004) by Real Life Church, Located at 1098 N. Hickory Ave. Perreault: Next item on the agenda is the Consent Agenda. We have Item A, which is the approval of minutes of meeting -- minutes for the meeting of April 4th, 2019, Planning and Zoning Commission and, B, the Findings of Fact, Conclusions of Law for Real Life Church, H-2019-0004. Could I get a motion to accept the Consent Agenda as presented? Olsen: Madam Chair, so moved. Holland: Second. Perreault: It has been moved and seconded to adopt the Consent Agenda. All those in favor say aye. None opposed. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: At this time I would like to briefly explain the public hearing process for this evening. We will open each item individually and, then, start with the staff report. The staff will report their findings regarding how the items adhere to our Comprehensive Plan and Uniform Development Code with the staff's recommendations. After the staff has made their presentation the applicant will come forward to present their case for the approval of their application and respond to any staff comments. The applicant will have 15 minutes to do so. After the applicant has finished we will open to public testimony. There is an iPad in the back for you to sign up if you wish to testify. Any person testifying will come forward and be allowed three minutes. If someone is here speaking for a larger group and -- like a homeowner's association and there is a show of hands to represent that group, then, they will be given up to ten minutes. After all testimony has been heard the applicant will be given another ten minutes to have an opportunity to come back and respond if you chose to do so. We will, then, close the public hearing and the Commissioners will have the opportunity to discuss and, hopefully, make a recommendation to City Council. Item 4: Action Items A. Public Hearing Continued from March 21, 2019 for Pollard Subdivision (H-2019-0021) by Brighton Investments, LLC , Located NE Corner of SH-16 and W. Chinden Blvd. 1 . Request: Annexation and Zoning of 77.33 acres of land with R - 8 2 1 . 9 5 a c r e s ) and C -G (55.38 acres) zoning districts; and, 2 . Request: a Preliminary Plat consisting of 75 building lots, 7 c o m m o n l o t s and 4 other lots on 71.3 acres of land in the R - 8 and CG zoning Districts Meridian Planning & Zoning Commission April 18, 2019 Page 3 of 75 Perreault: At this time I would like to open the public hearing that was continued from March 21st, 2019, for Pollard Subdivision, H-2019-0021. Let's begin with the staff report. Allen: Thank you, Madam Chair, Members of the Commission. Did you wish that I -- did you want me to go through the whole presentation that I went through last time or did you just want to go forward and hear from the applicant and their proposed changes? Perreault: How many Commissioners were here at that meeting? So, I think it would be a good idea to go through it for the Commissioners that weren't. Allen: All right. So, the next applications are a request for annexation and zoning and a preliminary plat. This project was continued from the March 21st meeting in order for the Commission to have adequate time to review the ACHD report and for the applicant to submit a revised concept plan consistent with the bulleted items in Section 8 of the staff report. The applicant has done so and staff will be showing that tonight. This property consists of 71.3 acres of land. It's zoned RUT in Ada county and is located on the north side of West Chinden Boulevard and State Highway 20-26. Adjacent land use and zoning. To the north are rural residential properties, zoned RUT in Ada county. To the east are future single family residential homes, zoned R-8. To the south is West Chinden Boulevard and single family residential homes and agricultural land and a landscape nurseries zoned RUT in Ada county and to the west is a research and development park where stud sensors is currently located and that is a light industry use zoned M1. The Comprehensive Plan future land use map designation for this property is a combination of medium density residential, which calls for three to eight units per acre, mixed use interchange and mixed use community and the future land use map shown here on your left depicts how much of each of those areas there are. The applicant is requesting annexation and zoning at 77.33 acres of land with R-8 zoning, which consists of 21.95 acres, C-G zoning which consists of 55.38 acres consistent with the associated future land use map designations. A concept site plan was submitted. This is the original concept plan that was submitted with the application that was shown at the last hearing and, then, since that time the applicant has submitted a revised plan as shown. Their proposed development will be anchored by a medical campus consisting of a 95,000 square foot medical office building, which will eventually include a surgical center, freestanding emergency department and a 50 bed hospital. Four 48,000 square foot professional office buildings are proposed. Actually, I am showing an old site plan here. Just one second. Oh. Excuse me just one moment. I think the -- just a second here. Sorry, Commissioners. All right. There we go. So, again, four professional office buildings. Those are those located over here at the southeast corner of the site. Two buildings with 72,000 square foot of flex office space and those are right here in the -- on the eastern portion of the development central to the development, which are also anticipated to house a police substation here where the green circle is. Retail, with a convenience store, that is right here. And multi-tenant retail and office, a health club, 34 conventional single family residential homes, 40 single family residential independent living homes and an 88 bed assisted living facility. The assisted living facility is right here on the north end. A preliminary plat is proposed consisting of 75 building lots, seven common lots and four other lots, consisting of two private streets, one common driveway Meridian Planning & Zoning Commission April 18, 2019 Page 4 of 75 and one future right of way lot on 71.3 acres of land. The plat is proposed to develop in three phases as shown on the phasing plan. One full access is proposed via Levi Lane, a collector street, from State Highway 20-26 and that is the -- let me go back to the site plan here. That is the main road in here. A traffic signal with an emergency vehicle preemption will be required at the Levi-State Highway 20-26 intersection. An east-west collector street, Waverton Drive -- and that is this one right here -- will provide access from the east via Black Cat Road through Fairbourne Subdivision and will intersect with Levi Lane in accord with the master street map and extend to the west to Pollard and providing access to the Franklin Sensors property and the rural residential properties to the north on the rim and will serve as a backage road providing access to all properties fronting the state highway in this area. This street will replace the east-west street that lies approximately 530 feet to the south of the proposed location that currently aligns with the driveway into Franklin Sensors property. This neighbor is against the proposed relocation of the street to the north. There are two private stub streets Schwenkfelder and Restuchi Lanes that are proposed to the north boundary for access to the rural residential properties from Old School Lane to the north and/or for future access to those properties upon redevelopment. Staff and ACHD are requiring these two stub streets to be public and not private. Pollard Lane and abutting -- Pollard Lane abutting the west boundary of the site north of the existing driveway to the Franklin Sensors property is required to be improved as half of a 40 foot street section with curb, gutter and sidewalk. A 35 foot wide street buffer is required along State Highway 20-26, with a ten foot wide multi-use pathway. A 25 foot wide landscape buffer is adjoining -- to adjoining residential uses is required along the east boundary of the commercial portion of the site. Qualified open space and site amenities are proposed within the residential portion of the development in accord with UDC standards. A pedestrian circulation plan was submitted as shown that provides pedestrian interconnectivity within the sight and to the main building entrances in the commercial development. Public plaza areas are also depicted on the plan as required in the mixed use designated areas. Staff recommends more central connected plaza and outdoor gathering areas are planned adjacent to buildings with development of each commercial area. Those depicted on the site plan do not qualify -- excuse me -- do not all qualify toward the minimum requiremen t s . S o m e d o . Conceptual building elevations were submitted for the hospital, the medical office buildings, flex tech buildings and the assisted living facility and single family residential attached and detached homes. A little bit behind here on my pictures. Sorry about that. Written testimony has been received from Mike Wardle, Brighton Corporation, in response to the staff report. They are in agreement with staff's recommended conditions. Staff is recommending the following items addressed in the applicant's response be modified and that is already reflected in your revised staff report. Item No. 2.C depict a 20 foot wide common lot and the applicant would like to add: Or permanent dedicated buffer -- street buffer along Waverton Drive on Lot 24, Block 1, in accord with UDC 11-3- B-7-2B and this -- this language is consistent with code and staff is amenable to that. And, then, Condition No. 6, submit a detail of the children's play equipment. The applicant would add: With the applicable residential final plat. Staff is okay with that change. Staff is recommending approval of the proposed zoning and development as it's consistent with the UDC and the Comprehensive Plan. The Public Works Department did have one change to Condition No. 1.2 that they would like to add and this is a requirement for the Meridian Planning & Zoning Commission April 18, 2019 Page 5 of 75 lift station to be located at the northwest corner of this site, rather than on the adjacent property to the west. They would like to add a size for that area to be 50 foot by 120 foot parcel. And that is all staff has in my presentation. Perreault: Thank you, Sonya. Does that -- that last section, is that already modified in the revised staff report or do we need to include that in a -- Allen: I do not believe that it was included. Perreault: Okay. Allen: Just add that in your -- your final recommendation. Perreault: Okay. Thank you. Any questions for staff? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Sonya, on the portion that's the medium density residential to the north, does the -- does the assisted living facility -- does that fit within the guidelines of MDR? Allen: Yes. Uh-huh. Cassinelli: It does? Thank you. Perreault: Okay. So, it's my understanding that we have Chief Niemeyer here from the Meridian Fire Department, who would like to speak to the -- before the applicant makes their presentation. Niemeyer: Madam Chair, Members of the Commission, good evening. Thank you. Sonya, asked that we come and address any concerns the Commission may have about response times in this area for both fire and EMS response. So, we have -- Station 5 is our closest fire station to this proposed development. We have a five minute goal on any time sensitive life threatening emergency, so a structure fire, a heart attack, a cardiac arrest, et cetera -- there is a pretty good list of that. Station 5 is within that five minute travel time. So, we do have a fire station that can service this area within five minutes. We do have -- that station is reliable about 85 percent of the time, meaning right now today about 15 percent of the time they are out on other calls. Station 2 is our next closest station to this development. That's off of Ten Mile. They are about eight minutes away to getting to this location. It is worth noting, though, with the commercial development they will have sprinklers in those commercial developments. We are satisfied with that requirement. We do have a future fire station planned in the northwest corner somewhere around Owyhee High School possibly, so we will be adding another fire station in that location. From an EMS response we have two ambulances in the area that can service this location from Ada County Paramedics. One is in Star near Highway 16 and the other Meridian Planning & Zoning Commission April 18, 2019 Page 6 of 75 is on Ustick Road. So, we have pretty adequate medical coverage to this location as well. So, I'm here certainly to answer any questions you may have. And, again, thank you for the work you do and considering the fire department in your -- in your deliberations. Perreault: Thank you very much for being here this evening. Any questions? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I -- I definitely had questions last time and perhaps why Sonya brought you out. On -- on your report under item number five for specially resources, aerial devices, and I think -- I don't know if water -- well, hazmat. So, both of those were concerns and it said that you cannot meet the current needs there. Niemeyer: Yeah. So, we have -- an aerial device or a ladder truck. It's that big nice good looking ladder truck that you see in town. The ladder truck's primary role is for commercial fires. We do use it for residential fires as well, but our primary role is for commercial fires or commercial rescue from tall buildings. The goal to get that apparatus on scene to anywhere in our jurisdiction right now is 12 minutes. So, we can meet that 12 minutes barely, but we can meet it. We do have a second ladder truck planned in our budget, so we will be adding another resource to that. If for some reason ours is out of service, our next closest ladder truck that comes in under a mutual aid system is Eagle. So, that is for your information only. I certainly -- from my standpoint as a fire chief wouldn't use that to approve or deny it, it's an awareness that that does take a little bit longer to get there. Right now that ladder truck is housed at our station on Franklin Road and we try and centralize that. So, we have that challenge throughout our -- our response area. We cover both the city limits, as well as a fire district out to the boundaries. With regards to hazmat, the hazmat team is a regional team through the state of Idaho and so our hazmat team in Ada county is the Boise Fire Department. So, that's always going to be a delay for us, but it's a regional resource provided by the state of Idaho. Cassinelli: Madam Chair, follow-up question. Perreault: Commissioner Cassinelli. Cassinelli: From -- from Station 5, which is currently the closest, as we are getting more and more growth, how -- I mean are there resources continuing to be -- are they being stretched thinner and thinner? Is there a concern about -- about the response from Station 5? Niemeyer: Right now today and in probably the next two to three years I would say no. Our reliability rate is, like I mentioned, 85 percent. As a department we get into the planning process when that starts dipping down to about 78 percent. So, we have a matrix that we use to articulate when we are concerned and needing to add more -- more stations, more apparatus. So, seven percent is our lowest threshold. When a station is Meridian Planning & Zoning Commission April 18, 2019 Page 7 of 75 30 percent of the time unavailable because they are running calls, that's the busyness factor you're alluding to, that's when we work with our City Council to add a future station. Perreault: Any additional questions? Holland: Madam Chair? Perreault: Commissioner Holland. Holland: Thank you for being here, too. Niemeyer: Absolutely. Holland: We really appreciate it. You mentioned there was a plan for another future fire station. Do you have any indication of what the time frame might look like for when that's coming in? Niemeyer: I don't. I could ask that of the City Council. It's dependent upon -- we have locations set aside or planned for for two more fire stations in the -- probably near future the way that we are growing. It's a matter of which one comes first. So, we have one in the south and we have one in the northwest corner. Which one is going to come first we don't know yet. That will be on population growth and demand. We have some matrix that we use to determine which one is next. But there is plans for both of those and the way we are growing I would say that's probably in the -- in the near future. Holland: Thank you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Unless anybody else has a question, I have got one final one. I promise it will be the final one. Niemeyer: That's okay. I'm used to it. Cassinelli: And, again, thank you from me, too, for being here. So, in a nutshell, do you have concerns about the response time? Because it seemed from reading the report that there were concerns and that it said cannot meet certain -- certain response times. But do you feel that -- is there a concern from the department standpoint to meeting the needs here? And I would imagine with an assisted living facility there is -- there might be occasional calls out there. Niemeyer: Yeah. So, we did a further analysis with our GIS team for the city and we were able to more accurately map out the response time. Travel time is what we are talking about. So, travel time for us is -- the tones go off, our wheels roll out the door, and Meridian Planning & Zoning Commission April 18, 2019 Page 8 of 75 we get on scene. That's -- that's what we allude to. We can get to this development within five minutes from Station 5. On the medical side with the assisted living that does generate calls for fire and EMS and so we looked at the Ada paramedic station locations to make sure they were within an adequate time frame as well. Their -- their time frame is nine minutes to get on scene. The ambulances are a little bit more spread out throughout the county. I worked with the director of Ada county paramedics on this issue and he was comfortable with this development as far as ambulance coverage to the development as well. So, at this point in time we don't have concerns. Cassinelli: All right. Thank you. Niemeyer: Yeah. Perreault: Thank you. Niemeyer: Thank you. Perreault: Okay. At this time would the applicant, please, come forward. Wardle: Madam Chair, Commission Members, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive for another week and, then, we will be Meridian residents. Just a comment before a brief presentation. My presentation is strictly a follow up to what has happened since the last hearing, but I would just note that the hospital complex must go through a conditional use approval in the future. So, there is another opportunity to look seriously at all of the issues of concern, but we are grateful for the update provided by the Fire Department this evening. Since the March 21st initial hearing on this project, the project has been reviewed and approved by the Ada County Highway District commission. They considered the traffic impact study that dealt with not only access issues, but also queuing, intersect spacing, all the concerns that would be applicable to a good circulation within this project area and its relationship to projects to the east and to the west. They considered staff report reviews and the recommendation for staff and public testimony, including the Old School neighbors to the north and Franklin Sensors and following all of that they approved the project as recommended with the circulation system as noted. There are collector systems. Levi and Waverton to the east of Levi are designated as collector roadways. Waverton to the west of Levi Lane is designated as a commercial street intersecting with Pollard, which they will designate and require construction to a -- an industrial section of a 41 foot street section. There are some other elements -- the Golden Rod streets to the north are all local street standards. As Sonya noted, Waverton is a -- essentially a collector roadway and by the -- by the way, the distinction between commercial and collector, the roadway section is the same. It doesn't -- doesn't change by that designation, which is an ACHD tab. But Waverton is a backage street that will connect Pollard to not only a signal at Levi and soon to a signal at Black Cat and, then, on easterly to a signal at Tree Farm Way. The system with its recommended intersection spacing and queueing all meet ACHD standards and requirements and hence the approval of the commission on April 10th. There were two minor tweaks to the preliminary plat that was before the commission. One to the Meridian Planning & Zoning Commission April 18, 2019 Page 9 of 75 northwest part, the blue box, that Tree Crest Street will extend to Pollard as a requirement and, then, the two public stub streets in the green boxes will both be -- originally they were recommended or requested to be private, because they do connect to a private street, but they were required to be and recommended by your staff as well to be public. They will be public. So, those street stubs, along with all utilities, will be provided to the Old School neighborhood to the north as Illustrated in this particular graphic. I would note that the neighbors on Old School have -- we have been working with them for five years on all of these issues and they have been supportive not only here at the previous hearing, but also at the Ada County Highway District commission hearing. T h e y c a m e a n d supported the project. They encouraged approval, which the ACHD commission did. The second series of actions that have been taken since March 21st were in response to five bulleted items that the staff had presented to you in the staff recommendation at that hearing and the -- the following slides will illustrate what we have done and Sonya has already commented a little bit about these. The first bulleted item referred to public and quasi-public spaces. We did submit -- and Sonya had up on the screen a graphic that showed all of the pedestrian circulation, proposed gathering places and plazas and so what we have done is even though Sonya did note that they were probably not as central as they would like them to be -- and on page 41 of the staff report is proposals of -- that more central areas be provided through the conditional use process applicable to the highway -- to the hospital complex to the west of Levi and to both the tech flex and office complexes to the east. So, you can see by this graphic that there will be a conditional use process with the hospital that will enable consideration of how outdoor gathering and public spaces could be integrated into that facility and, then, within the tech flex area as noted there is a proposed police substation and so there will be some elements that we will develop around that that would, again, be public in character. So, the staff report and recommendation, which we do support, both note how we will deal with these both at the conditional use and the CZC and design review process in the future. The second and third bulleted items were concerning the building -- office building to the east and so I have an -- an inset on the new site plan -- the prior concept that showed a separation from the property line of approximately 90 feet from the boundary to the building. It's interesting that we were overparked and so as we started looking at the placement of that building it became apparent that we also had the ability to add a building, but we have pulled that building back to a minimum of 160 feet from the property line, but at the same time the Fairbourne Subdivision, through a requirement of the city, is now putting in a 20 foot common lot at the rear of the residential parcels that they are constructing on the east side of our boundaries. So, you have not only the 160 feet that includes a 25 foot landscape buffer at the property line on our side of that boundary, but also an additional 20 feet of landscaped common area on the east side. So, the 160 feet in reality becomes 180 and, then, of course, the lots beyond on that with some additional setback to the residential units there. The fourth bullet concerned the location of a permanent sewer lift station. Initially -- in fact, I would just note that the city's sewer master plan actually calls for that lift station to be on the property to the west of Pollard Lane. Because we are bringing the project forward at this point, we have been requested to put it on our property, which we will do, and so that red box on the northwest corner of the site is where the lift station will be located. They have asked for a 50 by 120 foot parcel -- it will be finessed to get there. We are not there, because we haven't really designed it yet. So, that will be Meridian Planning & Zoning Commission April 18, 2019 Page 10 of 75 accommodated and I use this slide to just look at Condition A.2.G, which we have no disagreement with, but it just was a question of how future access would be provided to that outparcel on the southeast corner of the project and there are two ways, depending on what happens with that property and how it might be integrated or used in the future, but there are two cross-access opportunities to provide access so that they don't have any limitation in what can happen there, because they certainly will never get an access to Chinden when it's finally and fully improved. The fifth bullet concerned the screening of the flex roll up doors. There is a provision in the ordinance that says that you can't see those or they can't be seen from a public street and so what we have done in this particular case -- candidly noting that there is one intersection that somebody driving through might catch a temporary glimpse of a roll up door, but we have moved the buildings further to the south. We have put additional buffering space, so that it gives us the opportunity to pitch up a berm with a fence at the top of that berm and probably some type of a retaining wall on the inside to get elevation, so that, in fact, those roll up doors will be screened and, again, staff has recommended that this be addressed specifically at the CZC design review stage of the process. But there will be a berm, a fence, and landscaping that will provide the type of buffering mitigation that's required. Finally, to conclude my presentation, there was a request and encouragement by the Commission that there be conversations with Franklin Sensors on providing access potentially through the hospital site on some service roads to their location. That was a concept that they had encouraged in their presentations. There has been significant progress, but no conclusion. We still will be continuing to work on that, but through the meetings that have been held between the developer of the hospital medical complex -- and that's Ball Ventures Ahlquist and Franklin Sensors, it does open the door for the opportunity between those two private parties to come to a license agreement arrangement that would allow their service vehicles -- and that was seemed to be their primary concern is how their trucks would get in and out without having to go all the way up and through and around. That negotiation process discussion is still ongoing. We expect resolution on that by the time we get to City Council, but it's really not an issue at this point, it's a conditional use -- conditional use issue when the hospital comes into play for a specific construction project. But it will be a private party agreement. The Ada Highway District commission heard those concerns, they saw the options and they made their decision based on the fact that the circulation system for the public streets within the project meet all of their requirements, including intersection spacing, driveway access, spacing, and queueing requirements for traffic in and out of that sight and so with all of that consideration the project was approved by the Commission. Given the fact that ACHD has reviewed and approved the project and that efforts to address the staff report issues have been provided through an updated site plan, with acknowledgement that there will still be steps through the conditions of approval, a development agreement, conditional use, CZC and design review, we note our agreement with the staff recommendation and the conditions and those two tweaks -- two or three tweaks that Sonya has brought to your attention this evening and, thus, we request that this Commission concur and forward a recommendation for approval to the Council for annexation with C-G and R-8 zoning and preliminary plat approval as conditioned and I would certainly stand for your questions. Perreault: Any questions for the applicant? Meridian Planning & Zoning Commission April 18, 2019 Page 11 of 75 Holland: Madam Chair? Perreault: Commissioner Holland. Holland: If you could go back to the -- the map that you showed. I just have one quick question on the circulation plan. The one with the road names if possible. Wardle: Okay. Let me go clear back here. Holland: Thank you. Wardle: Yes. Holland: Where Levi connects to Waverton you have got the yellow line that's kind of diagonal there. Is that showing a -- Wardle: That's -- that's simply to distinguish between ACHD's designation of a commercial street to the west and a collector street to the east. And as I noted, though, it's the same 36 foot back to back section. So, I'm not sure why they did make the distinction, but it's theirs to make. Holland: One more follow-up question. Is there -- what's the intersection going to look like there? Because if you do have truck traffic coming up Levi and turning left on Waverton, is there going to be some sort of signaled intersection to help with that traffic? Wardle: Madam Chair, Commissioner Holland, I don't expect that there will be a signal. There will certainly be some stop controls, so that that traffic can move safely. The radii of those intersections, because of the commercial designations and so forth, will meet whatever truck turning requirements there are and -- and because we know that that business park to the west of Pollard is going to have a lot of additional traffic in the future, that will all be accommodated and that's why I believe ACHD made that distinction for Waverton as commercial to the west and Pollard as industrial. Holland: One more follow up question, if that's all right. Perreault: Absolutely. Holland: On Waverton for the commercial section of it, is there going to be any additional buffering for the residential that's there if there is going to be more truck traffic kind of on that roadway? Wardle: That's a good question, Madam Chair and Commissioner Holland. We haven't gotten down to the hard design of that yet. We expect that to be in the third phase of the project, so we will have a pretty good knowledge of the needs before we get down to the design. Certainly we show -- I think currently -- I believe it's 20, but it may be 25, but we will have -- and the site plan doesn't show this, but these are all detached sidewalks with Meridian Planning & Zoning Commission April 18, 2019 Page 12 of 75 eight foot planter strips, sidewalk and, then, the buffers beyond that. So, there is an extensive amount of landscape elements and trees and so forth that will be provided to help screen. Holland: Thank you. Perreault: Any additional questions? So, I would guess you have been in conversation with the developers of Fairbourne Subdivision. Have they given an indication of when their section of Waverton might be completed onto Black Cat? Wardle: That's a question I would have to have one of my colleagues answer. I have not had that, but -- Perreault: Please do. J.Wardle: Madam Chair, for the record my name is Jon Wardle. 12601 West Explorer Drive. We have been in contact with Fairbourne. That extension of Waverton is actually part of their first phase plans. Their plans are in for approval now. In talking with them they are just waiting for an approval to come out and they will start construction on that this summer. So, our goal is to connect with them concurrent with their development. Perreault: Okay. Excellent. Thank you. Appreciate that. Any more questions for the applicant? Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: Mr. Wardle, on regards to Tree Crest and where the lift station is going to go, I mean you're -- are you losing lots? Readjusting? What's the plan bringing that piece into play? Wardle: Madam Chair, Commissioner Fitzgerald, no, we won't be losing lots. There is a little bit of flex area in that assisted living -- some -- some room -- if we needed to do a little bit of shifting we can. So, we won't lose anything, it's -- just have to figure out exactly how -- I'm not sure that when we get down to the hard design that -- whether that 50 by 120 foot is an absolute requirement, because this -- that parcel will also have direct access to Pollard, which means that they are not going to have to approach it from an internal interior perspective. So, we will work out that detail, but I don't expect any -- any loss. Fitzgerald: Okay. Thank you. Perreault: Thank you. Holland: Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 13 of 75 Perreault: Commissioner Holland. Holland: I have one more question. Sorry about that. Wardle: That's fine. Holland: Thank you for going through the items that we requested you to come back with some more information on. Just to clarify, is there anything specific on those that you wanted us to address as changes for the -- the staff report? Were there any specific requests we would need to -- that you are asking us to include in a motion tonight? Wardle: Madam Chair, Commissioner Holland, good question. But, no, the only two items that were really -- Sonya has already addressed. They were actually on the table at the prior hearing as well. So, with those they were very very minor, but just a clarification. For instance, one of the conditions -- and I don't remember exactly which one it was -- called for a common lot across the front of the assisted living facility, but we don't need a common lot, because they will own and maintain their own landscaping buffers. So, that's -- we have to have a designated landscape, but we just didn't need a common lot. So, it was a very simple tweak of language, but, no, there are no conditions that require additional action or consideration. Holland: Okay. Thank you. Perreault: Thank you. Wardle: Thank you. Fitzgerald: Madam Chair, can I asked the staff real quick a question? Perreault: Yes. Fitzgerald: So, Sonya, do we -- what Mr. Wardle just mentioned, are those additional things you brought up? I mean is staff amenable to those? Are they in the staff report or do we need to add that to our motions? Allen: Chairman, Commissioner Fitzgerald, the items that I mentioned are items that you need to add to the staff report. Fitzgerald: 2.C and six -- or number six? Allen: Yeah. And Public Works Condition 1.2. Fitzgerald: So, those three things? Allen: Yes. Meridian Planning & Zoning Commission April 18, 2019 Page 14 of 75 Fitzgerald: Okay. Thank you. Perreault: Thank you. At this time we will take public testimony. Has anyone signed up to testify? Way: Madam Chair, yes, we have several. First Davis -- David Dorrough. Perreault: Okay. Please come forward. Just a reminder. Each -- each person giving testimony has three minutes. Please state your name and address for the record. Dorrough: David Dorrough. 6675 North Pollard Lane, Meridian, Idaho. Is it possible that I could take three minutes from each of two different people? They are here. Perreault: I'm sorry? Dorrough: Could I, yeah, borrow three minutes from each of two different people that are here? Perreault: Okay. Could you raise your hands again, please? Are all -- all of you willing to give up your time? Just for clarification, is each individual willing to give up your time? None of you are -- want to testify? Dorrough: There is just two of them. Just Jacob and Lucretia. Perreault: Okay. So, you're not -- okay. So, how many hands did we have again? Okay. That's -- yes, that's fine. Dorrough: Okay. Appreciate that. Yeah. Just kind of a little -- and I'm not going to go -- repeat those last time, but a little detail on where we are. This is our research park, this is our vision. It's going to be an upscale office building. This is directly west of the -- of the -- of the -- of the -- the development we are talking about. We have about a hundred thousand square feet of classic office space. About 500 employees. We really wanted it to be a community -- community asset. Our goal is to make this be very upscale and be a very attractive place for business to be and we -- we -- we did a lot of things to try and -- try and do that. Here is -- here is a -- here is a picture -- oops. If I can make this work. A picture of the first building and this is our building. It's actually -- we did design it and a lot of the buildings will have -- will have like, you know, four foot windows. Those are ten feet tall. We wanted a big one, a grand -- we wanted to have -- make it really nice one and that was -- we had nice features and we -- we -- we made our -- our -- we had wide traffic circulation. We really wanted to make this be very nice. Kind of a history what's happened with the road alignment for us. The yellow right there shows the alignment when we purchased the property. That was set in April of 2013 with the ITD -- with the -- with the arrival of Highway 16 and so when we -- when we went through our zoning we lined it up the whole complex with that and we wanted it to be nice and it matched a certain alignment and nice -- nice straight in. Shortly after we got our zoning approval it got changed to the red line. There was a proposal by Brighton. It was on -- it went through Meridian Planning & Zoning Commission April 18, 2019 Page 15 of 75 their land. There was a deal with ITD to build this road and they said, well, we really want the road here. We resisted at first, but they were quite adamant this is where the road needed to be and we reluctantly agreed and we went along and said, well, we can just go through our zoning process again. So, we took time out, we stopped, we went back, went through zoning again and got our zoning approved and, then, a few months later we went through with this process to try and get everything ready to go in production. We were ready to build and -- and, then, the road got built without our knowing -- without any notification to us what was going on. They built right -- actually, it was on a third location. So, now we are -- we said what do we do now. Well, at least the road is built. At least we know the road is built, it's going to get -- that's where the road is going to be forever, that's -- that's the current location. We went through zoning a third time so we could get out -- have everything done -- done right. We wanted everything done right and so we -- now we have got the building built a few months later and we have been in there for about a year and now we had a fourth -- a fourth alignment. Now we can't change. We are kind of -- they want to put it now where the green line is and we really wanted this done right and -- and we really don't have -- aren't in a position to change anymore, because it's already built. And this is the kind of -- I know there is other -- a lot of -- there is probably -- there is probably hundreds of -- literally over a hundred places in Ada county that have a similar situation. Here is just one where I live -- this is, actually, a Brighton development where the -- where it's kind of a -- what Brighton called a leap frog development where, you know, where the development happens away from the public road and there ends up being a road that goes through there and -- and, you know, if you were to go down in -- down in -- down in Paramount Subdivision and that's what you understood to be your access road, you understand that was what it was going to be and it's later one some -- some -- some developer came along and said I want to put a hospital right there. Make my access a little better if I put my -- my -- my building right there and you can -- you guys can drive around that red line. I think that would be pretty disturbing to a lot of people. I think you would have this whole room full and all that full of people. I would hope this would never happen. This is a terrible, terrible precedent to take a road that everyone has built around and understood to be a public road, to be understood that that's -- it's going to be a -- that it's going to be there and have that -- have that denied. But I hoped that this would -- that this would not get approved either. Brighton has made the claim that -- well, this is not a public -- this is not a permanent road. This was always intended to be -- to be a change order, a throw away road and before we actually bought the property we actually went back and got -- got a hold of the contract, we wanted to understand what that access was going to be -- and I think I passed those handouts out that show the contract. The contract -- when it shows this is the whole of the contract right here and -- and there is nothing in there that talks about how once the road's built we can -- we can -- we can tear it up and do something else with it again. There is an addendum, which has a little B in the corner and it is not a temporary road, this is a future local road. It's going to be built -- if you look through here it's going to be built -- it's a future road, it's going to be accepted by ACHD, it's going to be built to ACHD's standards. There is nothing in here about this being a temporary road or, you know, it wouldn't have been built to the high -- higher standard of ACHD if it was just going to be a -- something that was going to be thrown away. Also, I want to point out under C in the packet here, this is a -- after the second reassignment -- and we were getting ready to build the road. Meridian Planning & Zoning Commission April 18, 2019 Page 16 of 75 This is in July of 2016 I got an e-mail from -- from Mike Wardle kind of outlining what was going to happen with the road. This is from June 15th, 2016. And he sent this to ACHD, ITD, to us, to his lawyer, to David Turnbull -- he sent it to everyone that was interested in this development and he kind of outlined what -- what was the -- the -- what was happening with this road and circled in red there he talks about it would be a permanent -- there is a permanent easement -- there was some temporary easements, because they were for construction. But they were permanent and he referred to this road as a permanent easement. It's a permanent -- permanent place to be. He -- and understands this is going to be deeded to Ada county. This is a permanent deed. It's not a temporary deed. It's not a loan. This is a permanent. I only know one kind of deed. When something is deeded it becomes property to ACHD. There is no revocable note in here. On the next page you know that this is going to be built to ACHD standards. This is going to be transferred to ACHD. This is -- it's all going to be built to ACHD standards. This is what we all understood. And, finally, on the third page you can kind of see much -- Gary Inselman replied -- kind of confirming the same thing. This needs to be built to our standards so it becomes our road. It's built to our standard. So, that's kind of what we understood. This is what we -- we -- we relied on this and we -- and we built our -- our subdivision, our building in harmony with this understanding that this road would be here. One thing that's a little disturbing to me is that, you know, Brighton comes up and despite this they come up and say, well, that was -- it's a -- it's a temporary road. It's a disposable road. We are going to throw it away -- and even at the ACHD hearing last week on -- on April 10th -- and this is kind of small print, but I just took the testimony that Brighton gave about -- about this road and about -- what they are saying was completely contrary to the -- completely contrary to what -- what we had agreed to and what was understood and this is kind of -- kind of disturbing, because this is the basis of ACHD -- this is probably a big part of the basis of ACHD passing this along. I mean some of the -- some of the comments in here, just kind of thumbing through it -- ITD agreed to fund the construction of an interim road. It's not an interim road. It was never understood to be an interim road by ACHD or anybody. We always knew it was going to be reconstructed. This is not the nature of the contract. There is a lot of -- of -- you know, we agree that we funded it and recognize that we are going to have to rebuild this road. That's not the nature of the contract and -- yeah. Yeah. And it doesn't -- it does not agree with -- yeah. The contract does not agree with his testimony and I'm sure this was influential in -- in their approval. But there is a lot of ways this can be used without having to -- without having to upset this road. I mean here is one that was shown and in the press in the fall and so -- it leaves the road in place. One thing that we -- that we understand about consideration for real estate development, there is some things that -- the Comprehensive Plan is something that is kind of loosely followed. It's kind of -- there is wiggle room in the Comprehensive Plan. When it comes to zoning it gets a lot tighter and with public roads it's widely understood by everyone that public roads don't get moved unless they have a really compelling reason. When I tell people about that Meridian city is looking at uprooting our road and making it -- people are like shocked. You don't -- what, just because they want to put a hospital there. It's really really shocking to people. It's shocking to us that this would be proposed, unless there is a really compelling reason to do so. And I can understand why that might happen. Here is his -- here is kind of showing the site, that red block that it shows the site that has been talked about and you can see that the -- the Meridian Planning & Zoning Commission April 18, 2019 Page 17 of 75 cross-hatched is going to be an interchange and that's a slightly -- slightly better fit for the hospital. So, I can understand. But, then, again, this is like the Comprehensive Plan where you have -- you have wiggle room and I can understand why you might want to put it there if you're -- if you're -- if you -- if you -- if you have been told that that's a temporary road, that it's some sort of special class of road, which it is not. But if you know that's a public road, then, probably you -- to me it makes sense to, you know, push the hospital to the other side, so you can maintain the road, which is probably something that people really cling to. I mean if you -- and understand that it's something that's going to stay. It's something we understood it was going to stay. One thing that's interesting about this, too, is that once this is all -- once we get the zoning it's -- all the zoning is exactly the same. It's all zoned C-G. I mean and -- so, why -- why -- why do you have to put it on one side versus the other? Yeah. There is a lot of -- I mean when -- when we went through our zoning with Ada county -- with a county, Brighton was pretty much opposed to everything that we proposed. Anything that we proposed they were going to -- they were going to oppose. We are not -- we are not opposed to everything they proposed. We -- we would be very happy if they would make this work with this road and there is really good ways you could do this. I mean the hospital complex and the business complex could be swapped. There is almost exactly equal land on either side. It would be -- you could still maintain all the -- all the zoning that you need for a C-G zone. It might be a -- probably be better if you worked through it. You would probably have better access. One, you would have a right-hand turn into the hospital. If I'm having a stroke or a heart attack I definitely want that right-hand turn. You would have -- you can maintain the hospital clustered together. You can group all the office buildings together. You would keep more of the heavy traffic away from the residential areas and you optimize the flow and allow someone that just -- allow the trucks on that road to stay there. So, the question -- we really wanted to do this right. We really did everything we could. We bent over backwards. We delayed our project by -- by 11 months, getting rezoned and rezoned at a tremendous cost to us and -- because we were in a very small space and we couldn't -- we couldn't operate our business efficiently in that space. We had probably over a hundred thousand dollars in loss because of inefficiencies. I could document that if it was interesting to people, but it's been understood by all parties that this is a public road by ITD, ACHD, us and Brighton. We all understood this is a public road and I think moving public roads out of compelling public need is a really terrible precedence. It's a really bad idea. I don't -- I really think it's very aggravating to us and I'm sure anyone that would have this happen to them when they understood it to be a public road, unless there is a really compelling reason and there is a lot of other ways this land can be used and I would hope that there would be some -- a little bit of openness and to -- to look at how we can make -- make this work. Perreault: Thank you. Are there any questions by the Commissioners? Olsen: Madam Chair? Perreault: Commissioner Olsen. Olsen: When did we get this information? Meridian Planning & Zoning Commission April 18, 2019 Page 18 of 75 Perreault: I believe it was just this evening. Dorrough: Yeah. I brought -- I brought it tonight. Olsen: Okay. Perreault: Did you give a copy to the clerk, so that can be uploaded for the commission to review -- or for the Council to review? Way: Yes. I have a copy. Perreault: Thank you. Well, I would like to say a couple of things. One, we haven't had a chance to review this and -- and that would be helpful I would imagine for the Council to get an opportunity to review this in their decision. The second thing I would say is that the -- the road -- the road decisions are not in our purview and so we only take them into the consideration as a whole in regard to the -- what is in our purview, which is decisions regarding annexation and zoning and approval of the preliminary p l a t . S o , w h a t I understand from you is -- is we understand that -- that you're not in favor of the development as it exists in its current design -- Dorrough: Right. Perreault: -- but you're not necessarily opposed to it if there was a different design, but -- but help us understand more specifically how this negatively affects your property and -- I guess I'm -- it's getting lost in -- all the history that's being presented I really appreciate, but what's getting lost for me is exactly the challenge that it's creating for you and if you could just give me a couple of bullet points and help me understand that that would be helpful. Dorrough: Yeah. I think -- I think access is important to any business. I know that -- I mean like I -- like the example I drew of the hospital -- if somebody put a hospital there. Well, that -- that would make the hospital a little bit better, because it is better. It is -- a little better access does make the property easier to -- easier to access, easier to use. And one thing I think that when someone comes there -- because it's on the corner of two highways, people are going to see our building and want to get there. They are going to come up -- up on north on Levi Lane, they are going to want to try to get -- they are going to try to go to the hospital to get there. It's the natural thing to do. How do I get there, you know, so -- if you had a nice, clean road in there it just adds to the -- to what the development is all about and it makes it easier to access. Perreault: Do you have quite a few consumers that come and visit your -- your office building on a regular basis -- on a daily basis? Dorrough: We -- well, I can answer for Meridian Research Park is we are going to -- I can really answer to all of Meridian Research Park. For us we have visitors, we have suppliers and people -- we have daily visitors. I mean we have -- we have a handful of visitors a Meridian Planning & Zoning Commission April 18, 2019 Page 19 of 75 day. I mean -- probably. You know. People that are just -- have issues and -- you know, whatever. But yeah. But long term it really -- we want to think about the whole -- the whole Research Park and what -- what other needs will they have in the future and what they will drive. Perreault: So, you have concerns that not aligning access from the -- the neighboring property will create issues with future property owners within your development? Dorrough: Yeah. I mean it's -- it's a less attractive property. If you have to -- I mean no one wants to have the -- the office park behind Costco. We are behind the hospital. You want to have the direct access. It's -- it's a more valuable property if they have a direct access. Perreault: Okay. Okay. Are there any additional questions? Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: So, currently you -- I mean there is a couple of emergency roads where Pollard is now; correct? Dorrough: Uh-huh. Fitzgerald: And, then, you have the road that's curved at an angle; right? To -- that's to you guy's property. And then -- but you have the full view from Highway 16 and, then, from -- from Chinden? Correct? Because your -- your property -- Dorrough: We are the western property where -- yeah. We -- we bought up against Highway 16 and a little bit of Chinden at the bottom. Fitzgerald: So, visibility -- you're not losing visibility, we are just -- there is just going to be a change to the road access. Dorrough: It affects accessibility, yeah. Fitzgerald: So, if you wanted to change the design of the front of your -- of the -- entryway to your -- I mean I know it's not going directly into your building, but it could be to the rest of your -- your facility, you could have a bigger access if that's the way you wanted to do it. Dorrough: Yeah. We have -- we have got a nice entrance there, nice and wide -- wide access and it was important enough to have the right access that we actually -- we did delay for 11 months. We had to go over again at a lot of -- at big cost to us, because we believe that it is important. Meridian Planning & Zoning Commission April 18, 2019 Page 20 of 75 Fitzgerald: So, the thought process -- because I -- I mean looking at it I'm -- at it from an overview -- Dorrough: Uh-huh. Fitzgerald: -- that's -- it's a curved road at an angle and so thinking through commercially, that's not what I would consider to be -- or what I would -- what I would see as a long- term -- I guess solution for a commercially viable project long term. So, what were you guys going to do as you started to see a little different access point along the way? Because I think you said you moved your road three or four times. Dorrough: Right. Fitzgerald: So, you gained -- you end up with this -- which I don't think has curb and gutter; correct? Isn't it just -- it doesn't have curb and gutter right now? It's just a -- Dorrough: Not along the north-south of Pollard. No, it's not. It's just a country road. Fitzgerald: There is no road than what -- the access road you guy already have now is it curb and gutter? Dorrough: No. Fitzgerald: Okay. Okay. That helps me. Perreault: Commissioner Fitzgerald, I understand that there -- that it's literally just pavement -- Fitzgerald: An access road. Perreault: -- and there is not -- yeah. There were no -- no improvements done to it. Dorrough: It's the same -- it's the same as any other -- any other kind of -- any county road. If you -- it's the same as driving down McMillan out in the county or Ustick or -- you know, Can-Ada, it's the same as those roads. Fitzgerald: Yeah. Okay. Madam Chair, can I follow up real quick? Perreault: Please do. Fitzgerald: And I'm going to blank on my question. For -- let me come back to it. I will -- if I remember it I will ask again. Holland: Madam Chair? Perreault: Commissioner Holland. Meridian Planning & Zoning Commission April 18, 2019 Page 21 of 75 Holland: I have a couple questions, too. One question is how much truck traffic do you guys currently have right now with your building and what's -- with your expansion plan what does that volume look like in the future? Dorrough: We have a handful of trucks a day. I don't know, four trucks a day maybe on average. Holland: Okay. Dorrough: I mean we are using -- we are using, you know, 20 percent of the site or something, so -- Holland: Okay. And, then, one -- one other note that was just more of a comment. I'm guessing part of the reason that the hospital was chosen to be located on the west side -- and I won't speak for Brighton, but if you have got a residential neighborhood that's on the east -- typically hospitals have a lot of sirens, they have a lot of ambulances coming in and out and that would probably be my guess on why they decided to locate on the west. Again, we can ask -- we can ask them to share the reasoning of why they located it to the west, but imagine if you put the hospital in the east you would have some sound issues for some of the residents coming in on the east side of the complex. Dorrough: Yeah. That would be correct. Yeah. You still have -- you are set -- there are -- there are larger setbacks for hospitals, but you could certainly buffer that, because they -- in a hospital complex they have a surgery center and an office building and an emergency room. So, you could certainly put the -- put the hot -- the emergency room quite far from the residential to the Fairbourne Subdivision. You're still -- you have the hospital, but you're still going to have the residential to the north, so you still -- you're still -- yeah. But as far as on the east side you still could put that -- you could put the hospital quite far away from some -- from the Fairbourne Subdivision just by buffering it with the -- with the office building and the surgery center. McCarvel: Madam Chair? Oops. Madam Chair? Perreault: Commissioner McCarvel. McCarvel: Could you -- you have the picture of your layout still on your presentation? Okay. If I remember right from your last presentation -- Dorrough: It's changed slightly from this. This isn't exactly what we built. This is -- I think this is -- a drawing that we had from our first zoning approval. McCarvel: Right. Dorrough: The building's shifted and -- Meridian Planning & Zoning Commission April 18, 2019 Page 22 of 75 McCarvel: Because if I remember right from your presentation last time your main concern was this road getting moved with the addition of the trucks coming in and have to make more turns and such, was that you positioned that building number one to be at the main grand entrance -- Dorrough: Right. McCarvel: -- and you just wanted free flow to that, instead of coming down Pollard and -- Dorrough: And it makes great flow for everyone that's coming into building three, two, four, they can all -- you know. Twelve. Five. They all have free flowing access to all those, if you -- if you can maintain the road where it is right now. Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: Did you provide this packet to the ACHD? Do they have the background of this? Dorrough: I brought it -- for the hearing today. So, I handed some to -- Fitzgerald: So, did ACHD have this when they made their -- their determination at their hearing? Dorrough: No. I didn't expect that -- I didn't expect Brighton to make the claim it did, so I didn't think to bring it. I thought it was understood that it was -- that it was a public road. I didn't think I needed to bring that in at the time. Fitzgerald: So, did you -- for our information your understanding of the basis for their decision of approval of their project and how it impacted you, was this brought into the conversation at all? Dorrough: That was a very big part of the conversation. There was significant conversation about -- well, there was significant conversation -- I -- I listed some -- in fact, there is other some text from -- there is no conversation about that being a temporary road versus permanent road. Fitzgerald: Okay. Dorrough: And there is some text I think in the back of the packet that -- I mean it looks like this, that kind of -- actually, I took from what -- what was said at the hearing. Fitzgerald: But ACHD did move forward and approve that project as the -- Meridian Planning & Zoning Commission April 18, 2019 Page 23 of 75 Dorrough: They did. Based upon false information than what -- how we said. McCarvel: Madam Chair? Perreault: Commissioner McCarvel. McCarvel: The applicant has -- at the end of their presentation said that there had been discussions about right of way -- some agreements between -- to allow truck traffic to go through there. Where are -- where is that? Dorrough: We had -- we -- we -- we have always wanted to have some dialogue with Brighton and since -- we asked for dialogue when we first found out this back in early December we asked for a dialogue, but, then, we had nothing -- no response at all. And after the last hearing we asked them again for some dialogue. They did -- we did have a meeting with them and we talked about some things and they made some -- you know, some -- we can probably do this sort of thing, but that's all that's happened. There is -- we keep asking for -- can we get even a plat map. We haven't even got -- we have been asking over again this past week if we can get a plat map. We finally asked Sonya can you send us one, because we couldn't get one from them and none of this -- none of this stuff they are talking about that they are going to do for us are they moving forward on. It's kind of kind -- they kind of promised it last week, but it's -- they haven't got -- haven't moved at all, despite the fact that we have been prompting them for it. Perreault: Okay. Any additional questions? Thank you. Dorrough: Thank you. Thank you very much. Perreault: Who has signed up next to testify? Way: Keith McGregor. Perreault: Okay. Mr. McGregor, please, come forward. Please state your full name and address for the record. McGregor: Keith McGregor. I work at 6675 North Pollard Lane. Madam Chair, Commissioners, I just want to echo what David said. I think he did an excellent job of explaining our position and how we really appreciate smooth flow into our complex. It makes -- makes good for keeping the northern neighbors happy, because we don't get in their way and we do -- I'm in charge of the outbound logistics, so we do see at least three to four daily -- sometimes only two, but normally three to four semi trucks a day and, then, I have got UPS, FedEx, the US Mail guy coming in as well. So, I got a bunch of little trucks moving back and forth delivering. Send out individual stud finders to customers who order from us and we also send our pallets to Lowe's, Costco and stuff like that. So, Costco is -- it sounds like the reordering, so we will have a season with a lot of trucks then as well. So, a decent amount of truck traffic that we would like to keep away from the Meridian Planning & Zoning Commission April 18, 2019 Page 24 of 75 hospital, away from ambulances and stuff like that. We think there is a better way to do it. Thank you. Perreault: Any questions? Thank you. For those that are here for this application, if the gentleman who just came forward and shared the information, if you have something additional to share or new to share we would definitely appreciate it -- hearing from you, but if it's just similar information, for the sake of time, if it would be okay if we -- for one that testimony. Who else do we have signed up? Way: We have Karen Garcia. Perreault: Okay. Karen? Are you good? You sure? Okay. Way: Tamela Paxman. Perreault: Please come forward. Paxman: Hello, Commissioner and everybody. Thank you. I'm Tamela Paxman. I live at 3646 West Balducci Street in Meridian, Idaho. And my husband works at Franklin Sensors Company and -- do I need to listen to anything before I continue? Perreault: Okay. Please continue. Paxman: Okay. And one thing that has been a big deal when I have told my friends and my new neighbors and people that I have met in the community why we came to Idaho, we came for Franklin Sensors Company. They say, oh, wow, where is that and I say it's Chinden and -- and I say the highway name and they say, oh, we see that impressive building. We always wondered what it was. And, then, I say, oh, well, that's where my husband works and they say, well, how do you get to it? You know. It's on that big street and I said, okay, that little road up there and they said, oh, okay. So, my first thought when my husband mentioned this is they see that building, it's prominent and it's beautiful, but how to get to it. Now we can just say, oh, you see the road. But when we say you're going to have to go through a community where there is residential and there is other -- the hospital and those things, that's harder to get to. So, I think what I'm understanding our -- a future issue that is -- that might be a problem is we hope that this little Franklin Sensors Corporation gets a whole little village -- the research park vision and when we do that we are going to have many more customers coming, many more people in our community that will want to visit and our trucks will go from a handful of trucks to maybe 20 trucks a day. Who knows. Maybe 500 passenger cars. Maybe I -- we don't know. But our vision is big, because the town is growing and our company and what it wants to service, our community, is growing and so those are some of the thoughts that I really wanted to share with you. Also I'm not real familiar with all the setup, but if I understood it right, it sounded like they were -- the Brighton Company was saying that they were kind of keeping out of it and they were going to have it be a two-party decision where the hospital talked with Franklin Sensors. Now, I may have understood that, but I thought that they were supposed to -- Brighton was going to be more involved in helping meet the Meridian Planning & Zoning Commission April 18, 2019 Page 25 of 75 need of -- of a road making easy access to Franklin Sensors Company and the future park vision that we have there and so -- and the other thing is that as far as I had understood that was the road and they had -- the city or someone had switched it a few times, but they finally decided and the building was built and, okay, the future is getting set and now that they come in -- and a new thing -- this is a minor difficulty that doesn't really affect probably anyone else here in the room, but it's going to add at least five to seven minutes commute time for my husband to get to work, because instead of coming in off of Chinden and going into work, he is going to have to go through the business park, through residential -- you cannot go more than 20, 25 miles an hour in a residential. So, that means that every other employee in the Franklin Sensors Company is going to have to do that same thing and any future customers or trucks that bring our products in, all of them will also take that additional time and -- that's all I have time for. So, thank you so very much and, commissioners, for listening to me and thank you and, please, take this into consideration. Thank you. Perreault: Thank you. Appreciate it. Jay Paxman. Perreault: Okay. Thank you. Way: Jacob Thomas. Perreault: Mr. Thomas. Thank you. Way: And Denise LaFever. Perreault: Ms. LaFever. LaFever: Yeah. Right there. Great. Thank you. My name is Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. A lot of questions for the fire department were answered, but my question is is by speeding up using a more intense use than probably what was envisioned, does that cause an impact to the taxpayers by having to build the fire station or get the equipment sooner? So, I -- I would -- I would like to hear more about that, because I'm concerned about the impacts to the taxpayers. The -- the -- the second thing in here -- I'm not sure -- there we go. The second thing that we have on here is this is a proposed 24/7 emergency care. So, I'm concerned about the impact that we have on an already busy road. By going back and putting Costco's in there, which is a regional impact and the fact that we -- we are putting two more lanes on there, which brings it up to the level it already needs to be at, what's going to be the impact when you have a 24/7 hospital and you have got those delay for those lights. I'm not sure I'm clear on that. Plus there is no impact fee for state roads to help cover anymore further expansion for that. And then -- the other way. There we go. The other thing, too, I'm not clear on is when the staff says that this is a nice variety of housing and -- and types of products, what does the staff go through when they look at it? Because when I looked at it -- this is a year old -- we already had a lot of 55 and assisted living and two of them are just down the street in Brighton neighborhoods, Foxtail and Paramount. So, when we are looking at that balance -- I'm not saying it's a bad thing, because it's next to a hospital, but what are we Meridian Planning & Zoning Commission April 18, 2019 Page 26 of 75 doing as a city to look at this balance to make sure that we are not over balanced in one type of product for our city. The other thing that I am concerned about on here is where we have the police substation, is the city paying a lease for that, since it's a quasi-space or is that something that is being donated by the developers? And what expense is the public going to have to pick up for that quasi space that's in there? Also the -- this is -- I have been told it's a for-profit entity. Is that really the case that it's for profit and what incentives are being used to build this development once the return on investment for the taxpayers. I did talk to Jon Wardle and he went through and did -- we did talk about the mixed use interchange and one of the things that I was concerned about is that's a pretty intense use for a mixed-use interchange and I was told he could easily flip that around, but didn't want to do that, because of the houses. I am still concerned about just the intensity of the use on the impact of Chinden and Highway 16 and if they -- if they have some other ways to mitigate it by going back through and getting the state to improve things faster, that's great, but I would like to hear what they plan on doing to help mitigate some of those impacts from the 24/7 hospital. The last and final thing that I have is that when we go back through and we are changing the development agreement, it's placed in the development agreement they used for this hospital and the 24/7, but there is not a conditional use permit going forward with it. By placing that in the development agreement you are already saying it's an allowable use. To me I would much rather see a conditional use and the development agreement change come through at the same time, so all those details that we need to talk about that Mike Wardle discussed are on the table to talk about. They kind of go off the table when your development agreement already says that you can have that use. So, that's my concerns. Perreault: Thank you very much. Way: Madam Chair, I don't have anybody else on the list. Perreault: Okay. I'm sorry, could you give me the name of the -- the third person who signed up again. Way: Keith McGregor. Perreault: Oh, I'm sorry. The -- ma'am, did you -- I apologize. I didn't catch your name. What was that? Garcia: Karen Garcia. Perreault: Karen Garcia. Karen, you had said that you did not want to yield your time. Are you sure you don't want to come forward? Garcia: Sometimes the best laid plans go awry. So, Karen Garcia. Franklin Sensors. 6657 North -- North -- North Pollard Lane. So, I just want to talk about -- a little bit about the collaboration that we have had. David spoke about this a little bit, but I did want to mention -- so, since the last planning meeting we have reached -- we did reach out to Brighton, they did reach out to us and we have had some wonderful conversations and, Meridian Planning & Zoning Commission April 18, 2019 Page 27 of 75 actually, Tom Peterson is a dear friend of mine, to the point that he actually called me on my cell phone this evening and he and I spoke. So, we had each other -- our families are close enough that we -- we had each other's cell phones before this. So, in those conversations however -- and we have had some great conversations about what would happen and what kind of development -- what kind of changes. We talk about Franklin Sensors and about what -- what -- what additions we -- would be made and I would like to -- so, in this previous e-mail -- this is some of the things that were said. They said in reconfiguring the southern road we want to massage the radius and curve or drop the road away from the medical center, so that semi trucks would have -- wouldn't have a hard corner to navigate and you will be more clear of the medical center and, then, the last point is that we would have a license agreement. This is the drawing that we received from BVA on April 4th during those discussions and, then, in the ACHD meeting it was, again, said these -- these same things, that we would see that they would work on a curve of a radius that would pull it south away from the medical building, so it isn't running right into the medical building and, then, curving -- curving onto Pollard Lane, so their trucks can get in and out as they were hoping for. And then -- and Brighton -- BVA's ongoing effort, so that they can have good access through license agreements and for those trucks of Franklin Sensors and so there has been good discussions and we have been very helpful and -- about these developments, but I will say that, again, this is -- the drawing that we received from the planning -- from staff today and there is no change to what we had discussed. And so in addition that is one of the reasons we feel very strongly this needs to be declined at this time, because we have talked -- that was one of the things that was discussed is that we needed to have conversations, which we have and I will say they have been very pleasant and collaborative conversations, but to date we have not seen anything that is actionable, anything that is concrete -- if specifically to talk about the sweeping lanes here, what you see in this rendition right here in this -- this version there is actually a building now where we talked about this curving lane. I'm not sure how that will happen if there is now a building there and, then, on that Pollard Lane -- so, on the left side you see that there is Pollard Lane and we haven't seen anything that has that curving lane. So, I just wanted to reiterate that -- that we are open to conversations and we are open to conversations with them, but at this time we haven't seen anything concrete. Thank you. Perreault: Thank you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Ma'am, I think he has a question for you. Cassinelli: I have got a -- Garcia: Yes. I'm sorry. Cassinelli: You're fine. I will ask it to you. I don't know if there is a quick picture of your development, but where is your loading dock in your building? Because we are doing all this talk about truck traffic. Meridian Planning & Zoning Commission April 18, 2019 Page 28 of 75 Garcia: So -- I am terrible with directions. So -- Cassinelli: Sonya, you do have that picture? Garcia: Do you have that picture? I don't have it on -- but I can speak to it. So, can you see my mouse? Cassinelli: There it is on the left. Bottom left. Garcia: Oh, here we go. So, our loading dock is right over here. Can you see my mouse? Cassinelli: Uh-huh. Garcia: Yeah. Cassinelli: How do you envision -- I mean if trucks are -- I mean what's the flow -- you put -- you build building two out front, what's your flow? What's that going to do to your flow? Garcia: So -- and David might be able to speak to this a little bit better, because this particular rendering is one of our first renderings and it isn't really what was built to us. But currently our -- our trucks will come in and, then, they back up into our loading dock right here. So, this is currently all parking lot. So, I don't know that that answered your question. David might be able to speak better to that. Did that answer your question? Cassinelli: At least I know where it's at. Obviously that will have to be -- as you build -- continue to build out buildings you will have to -- Garcia: And speaking to -- speaking to, you know, traffic, that we don't have consumer traffic, but similar to Micron, Micron doesn't have consumer traffic. HP doesn't have consumer traffic. People don't come into our building to buy stud finders. They go to Walmart and they go to Costco and they go to our -- and Lowe's. Where -- who we supply. But you don't go to Micron and you don't go to HP. But we have -- we -- our trucks do come in and out. Cassinelli: Okay. Thank you. Perreault: Anymore questions? Thank you very much. Way: I don't have anybody else on the list. That's it. Perreault: That's everyone who has signed up to testify. Is there anyone else? Please come forward. M.Dorrough: Hi. My name is Michelle Dorrough. And before I start -- Meridian Planning & Zoning Commission April 18, 2019 Page 29 of 75 Perreault: Please state your address for the record. M.Dorrough: Oh. Well, I just want to ask before I start my time -- I think I'm three minutes, but if I went over a little can I use one of the people who decided not to speak? Perreault: Unfortunately not. M.Dorrough: Okay. That's fine. So, my name is Michelle Dorrough. My address is 3044 West Sugarberry Drive in Eagle, Idaho. 83616. I am one of the owners of Franklin Sensors. And so I will try not to repeat information, because I know everybody wants to go home. It's getting late. So, I just wanted to talk just a little bit about -- so, what my husband talked about, the importance of that road -- and I don't know that it's been brought up a lot, but I -- I personally feel that it significantly lowers our property value, just to be blunt about it. To remove that road. Right now, even without another entrance, you can get around the whole complex. You would -- the way we have the flow. When -- on that summary of road alignment on David's spreadsheet it shows that third time they change the road we weren't consulted before it happened and they actually ripped out part of the road we needed to access our property, which we immediately had to rebuild, costing around 6,000 dollars. That was -- if we had known we would have said, no, please, don't remove it. They also removed -- this has also not been discussed with ACHD or Council Members, but the portion of the road that would connect to the hospital -- so, if you go to the proposed design -- I don't know if you can get to that slide. But the portion of the road -- that southern axis so far in -- and if -- if I'm wrong I would love for them to correct me, because that would be good news. But that southern portion there has been talk about it, but, actually, I don't know that in their thing where it showed things connecting to Pollard, it wasn't shown and that road actually isn't there. It's been ripped out by ACHD, without consulting us at the time that the road was moved to the third change. So, all that southern part up to our property -- up to where the current access road does not exist. That is not a road. It would have to be constructed. Also this proposal proposes that this Pollard Lane become an industrial road, but it hasn't been addressed with ACHD or with us. Who is paying for that? Does that suppose that we would have to pay to upgrade it to an industrial road to continue to use our road? So, this right now -- if we don't have this clarified, we could be in a position where it's approved -- it was presented to ACHD that we had access to -- we were going to have access to the southern, which we hope that's what they intend to do, but it seems like when you're doing things that are really important to both parties, that this should actually be defined, that if they are cutting off our access there, which I believe significantly low -- maybe up to 25, because people are going to drive in and say here is the office complex and that one's hard to get to, because you have to drive all through the neighborhood and people get mad and there may be offices that do provide services. We are hoping to attract good businesses with very attractive buildings. Most people wouldn't guess that we are light industrial, because our building is so attractive. Everybody's very surprised, actually, and we did that on purpose to be considerate. I'm out of time, but I just wanted to point it out, that this is -- it's not good for -- so, thank you. Meridian Planning & Zoning Commission April 18, 2019 Page 30 of 75 Perreault: Thank you. And may I say if -- if you have anything additional that you would like to add for Council to take into consideration, please, feel free to draft a letter and submit that to the clerk's office and they would be more than happy to make sure that the City Council members receive that. That's true for every single person. So, anyone in the public that wants to -- to draft a letter and send it to the clerk's office, it will be made public record for Council to review. M.Dorrough: Thank you so much. Perreault: Thank you. Thank you very much. If there is no one else to testify, would the applicant like to, please, come forward and -- Holland: Madam Chair? Perreault: Commissioner Holland. Holland: Do we want to hear from the fire commissioner on some of the other comments again? Perreault: If you would like to that would be great. Do you want to hear from him before or after the applicant? Why don't we go ahead and have him speak, Mr. Wardle. Thank you. Niemeyer: Madam Chair, Commissioners, thank you. In answer to Ms. LaFever, I believe, her question about impact to the taxpayer with this development. Our primary driver when we go to look to add a fire station is residential development. The majority of our calls that we go on are residential in nature, as compared to the commercial drivers of our department. We also, as you may know, collect impact fees through the city, which this development would have impact fees levied against it, if that's the right terminology. Those impact fees go to pay for the cost of building the new fire station, as well as the fire engine that needs to go in that fire -- fire station. So, there is certainly them contributing to the cost of growth. You know that area well. There is The Oaks Subdivision, there is lots of other residential growth going on in that area as well, in addition to some future growth. So, that's the best answer I can give to the question of the impact to the taxpayers with this development. Holland: Thank you. Perreault: Questions? Thank you very much. Appreciate it. Wardle: Madam Chair, Commission Members, Mike Wardle with Brighton. So, Sonya, if we can go to our presentation slides. Interesting conversation this evening and some misinformation. It was stated that Brighton has always opposed the project that Franklin Sensors has commenced. We absolutely did not oppose the concept or the use, because it fits the Comprehensive Plan long term. We simply felt that it was premature because they were proposing to go start a business park without water, without sewer, without any Meridian Planning & Zoning Commission April 18, 2019 Page 31 of 75 of the joint trench utilities -- essentially leapfrogging out and waiting for all those facilities to come forward. You have seen on their plan all of those additional buildings. They can't build anymore buildings until they have sewer, water, joint trench and permanent access. We are not taking access away. We are, in fact, improving access to them. A couple things that clearly are not understood. This is the sign at the intersection that I believe Mrs. Paxton, if I got her name correctly, talked about, you know, how people -- that little road out there -- Pollard Lane and Chinden intersection, that particular roadway, as noted earlier, is a two lane rural section without any improvements or utilities and temporary or whatever, it was always anticipated that that roadway in whatever configuration would have to be reconstructed in order to provide those. We didn't have a plan when Franklin Sensors started their project for how that property would be developed, so we did a best guess on where that roadway would be located, kind of setting it back so that you would have maybe two small office pads similar to what they are doing adjacent -- between that roadway, which is this particular roadway, and Chinden, the right of way, but we didn't have a plan. It was -- we didn't question their ability to plan their property. We certainly questioned their ability to plan ours now that there has been something very specific brought forward. The interesting part of it is that roadway is on our property. The entrance off Chinden -- that portion of Levi in the green is public right of way. The rest of that roadway is not in public right of way, it's on our property. Now, unfortunately, that was a dropped ball by the Idaho Transportation Department, because we coordinated with ITD and with ACHD to move that roadway right of way when they conveyed it or before they conveyed it to the Ada County Highway District in November of last year, but they didn't do the job, they just conveyed the old original right of way that was acquired when they built Highway 16. So, that roadway is -- is not in a public right of way at this point. The question about access, I think Mrs. Dorrough questioned who would be paying for the industrial roadway improvements. Just as we will do all of the infrastructure necessary for our entire project, we will also do the full half improvements on the east side of Pollard Lane. When they bring their project forward to complete it, once utilities have been provided, they will have to build the roadway improvements on the west side of that right of way. We will build half of the 41 foot industrial roadway curb, gutter, sidewalk, the whole gamut. They will have to do the same thing with their project. That will be the first actual public improvements that they will have done on the site since they started several years ago. I'm going to ask Tom Peterson, who Karen Garcia cited as having been their contact and discussion about potential access, to come forward and talk about conceptually. This is not a hard, firm item, because there is not a hard firm design for the hospital complex. This whole plan right now is conceptual. The hospital complex will come forward through the conditional use permit with very detailed layouts and all the infrastructure improvements that are required for that type of facility. But Mr. Peterson has -- is the one that has been working on behalf of Ball Venture Ahlquist to have that conversation to see if they could find a mutually agreeable solution to the service vehicles that currently go to and from Franklin Sensors. The question about delaying the project until those issues are resolved cannot be resolved at this point in the process, noting, first of all, however, that all public access requirements have been approved by the Ada County Highway District. Collectors, commercial, and industrial roadways have all been approved and fit their standards and requirements and provide access to their business park. I would also comment before I turn the time to Mr. Peterson, that the access Meridian Planning & Zoning Commission April 18, 2019 Page 32 of 75 provided by Waverton goes right into the heart -- literally almost to the middle of their project. So, the -- the spec buildings and so forth that they develop in the future will have the front door. Their particular facility is not the -- well, it will be part of that -- that whole complex. But it was interesting when Commissioner Cassinelli asked about the loading dock location, their concern about maneuverability and nice sweeping curves and so forth, if you look at their site plan and so forth, they have very tight internal circulation and they have to turn a hard curve and, then, back into a facility. So, we don't believe that we are actually impacting their ability to get to their project in any negative sense at all. Mr. Peterson, please, and, then, I will have one just final comment. Peterson: Tom Peterson with Ball Ventures Ahlquist. 2775 West N a v i g a t o r D r i v e . Madam Chair and Commissioners, I will be very brief. Just to touch on what Mr. Wardle had indicated, we, in addition to the -- the dialogue that has been ongoing here tonight, I just wanted to provide some flavor. Myself and Dr. Tommy Ahlquist, unfortunately, we were not able to be here at the last hearing. We learned, though, of the distinguished Commissioner's request that we have dialogue with Franklin Sensors and so the next day I personally reached out to Franklin Sensor and we have had ongoing discussions, as Ms. Garcia has alluded to, providing, through private license agreement, access on that southern drive. So, in addition to the direct access to their property along Waverton, hearing their concern and wanting to be good neighbors, we also wanted to provided -- we wanted to provide them access along that southern route for their trucks, as that was the main concern and so just to make it clear that the -- the day following the hearing I reached out and we have had -- if -- and Ms. Garcia might be able to remember, but just jotting these down, I have had seven different communications with them. One in-person meeting at their facility there at Franklin Sensor. Had two follow up calls. A third call with our engineer with them to answer their questions about how we might -- and all the engineers in the room are going to laugh at me, but for lack of a better term, to provide better curvature or to draw that -- that southern private road away from that medical building, so that the -- the curves and the radii are sufficient for their trucks. So, he was on the phone to address that and as was put up on the screen, my e-mail, Dr. Ahlquist and I, we actually invited them -- draw the -- draw on the map how you would like the road to go. Now, we might not be able to promise that, but that gives us a starting point of what you're after and, then, our engineer can work on that design. I had, then, two additional follow-up phone conversations after the hearing at ACHD, talked with Ms. Garcia after that and, then, as she indicated today on my way here, actually, let her know the update with our engineer. Unfortunately, he hasn't finalized that, but as I indicated to her that's in the process and he is -- he is pulling that driveway down, making some turns in the road so their trucks don't have those hard turns and I can represent to each of you here tonight that those efforts have been ongoing from the time of the last hearing until literally a half an hour before this hearing. So, we certainly intend to be -- to be neighborly and to try to do our very best to bring those trucks -- those two or three trucks a day right up through that southern drive through a license agreement that we are willing to provide, so that they have access, as they have alluded to, is going to be a concern for them. So, we are doing our best to be neighborly and I stand for questions. Perreault: Any questions for Mr. Peterson? Meridian Planning & Zoning Commission April 18, 2019 Page 33 of 75 Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: If your road was to follow that red dashed line, what would you do? I'm assuming with the hospital there you -- you are definitely planning a helipad. What would you do with that? Peterson: Yeah. Thank you, Commissioner Cassinelli. That -- that red line is a very rough and rudimentary sort of -- that -- that Mr. Wardle put up there to show sort of how it will look, but if I could describe it, it would actually -- and, again, we are working with Franklin Sensor to provide the curve that they need for their specific trucks, which are WB-67 trucks, so that's the radii that's required there to negotiate the roadways. It won't necessarily -- that -- that helipad right there, it's going to be more curved, Mr. Commissioner, and, then, come back around to the south. Again, just a general idea of how this might look -- then curving up onto Pollard, the -- the main point and intent was to take out the hard turns that were a concern expressed by Franklin Sensor, so that was more curved and easier to navigate for their trucks. Cassinelli: Thank you. Perreault: Any additional questions? Thank you very much. Peterson: Thank you very much. Wardle: Madam Chair, just to restate Mike Wardle once again. We ask for your concurrence with the approvals that have been granted by the Ada County Highway District with regard to the public infrastructure and transportation system, recognizing that all access to that property to the west is still provided. It will be an improved fully functional commercial and industrial roadway system. We also note that our agreement with the recommended conditions of approval from staff with just the items that Sonya brought up earlier and request the Commission to pass on an affirmative recommendation to the City Council for annexation with C-G and R-8 zoning and for preliminary plat approval, subject to the conditions provided by staff. I would conclude with that. Perreault: Thank you. Fitzgerald: Madam Chair? Perreault: Any additional questions for the applicant? Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Meridian Planning & Zoning Commission April 18, 2019 Page 34 of 75 Fitzgerald: I -- so you moved the right of way that -- the road that you brought forward back on your side that is in green. Does that meet up with Waverton or is that going to be adjusted again? Wardle: Good question, Madam Chair, Commissioner Fitzgerald. That is not Waverton. Fitzgerald: Okay. Wardle: Waverton is -- is a bit further to the north. Fitzgerald: Okay. Wardle: Yes. Fitzgerald: Thank you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Mr. Wardle, I have got a question in terms of trying to maintain friendly neighbor relations there. In the event that this goes through as -- as designed, the intersection of -- I think it's Levi and Waverly -- Wardle: Let me go back to -- there we go. Cassinelli: If -- where that yellow -- basically where that yellow line is right there. Pending approval by I guess ACHD and -- and others, if this is how it gets approved, it sounds like one of the concerns of Franklin Sensors is -- is site and -- you know, visual lines into their development, access into there -- I'm -- I'm thinking something small like a -- some sort of a monument sign there at that -- at that intersection, at that T, that would -- that would help facilitate traffic to their development, even something small like that. Is that -- as long as it's -- I mean they would have to get approval probably form ACHD and fit within that development. Can that -- is something like that -- can that be done? Would you be willing to do that? Wardle: We would certainly look at all aspects. There are several things that need to be considered. We have to do something similar with the Old School Lane to the north when we build those street stubs. We have to get some signage and so forth for people to understand that those are not through public streets, it goes to a private street system. With regard to visibility for Franklin Sensors and their future business park, there are allowances for signage in the City of Meridian's code and I'm certain that there might be ways for them to get some signage out there, but right now there is no sign to tell anybody how to get -- or even who it is out there. So, I think the signage in the future is going to be more important for the rest of their project than it is for Franklin Sensors per se and we will certainly look at -- within the city's code requirements, because there are setback Meridian Planning & Zoning Commission April 18, 2019 Page 35 of 75 issues and buffers that have to be provided along Chinden. I think there will be room to get some signage out there and I certainly would propose that we work with all of the facilities, because they -- they need to have some signage, if they haven't thought about that perhaps as yet, but it's something that we will at least have a discussion and we would prefer not -- for people to get lost in there anyway, so we might want to facilitate that so that they know exactly where they are headed. But I hope that they would also look at the fact that they are building on the end of -- literally at the -- at the end of the world for Meridian's purposes. They are tucked in that elbow of Highway 16 and Chinden and they will have a presence in the future when they build out, as will Central Valley Plaza. So, long belabored statement, but, yes, we will look at possible ways to help people get to their facility. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: Mr. Wardle, just to make sure that we address all the concerns of the audience and some of the questions from -- from residents, there were a couple of questions on impact to taxpayers specific to the police station. Is the police station going to be a leased facility or is it a donated facility? Is there -- what's the impact going to be on -- on the taxes for the residents for that facility there? Wardle: I will probably have Mr. Turnbull come forward, because I have not been involved in those discussions, but it would be my understanding that the city has been looking for a facility and that they would probably be expecting for some cost to the taxpayer, just as all other facilities are. David. Turnbull: Madam President, Members of the Commission, David Turnbull, 12601 West Explorer Drive. Commissioner Holland, when this application was first submitted to the city through their staff department, the police department actually reached out to us, noting that they need to get a substation on this area. We have talked about various arrangements from having a pad where they can build on -- they have got budget for building a building or leasing a building and when they took a look at the idea of perhaps either leasing or purchasing in -- like a condo situation in part of this area and the flex building, that seemed to be the most attractive to them. So, you know, I have noticed the Fire Department already has noted this project pays impact fees, so it pays into those -- you know, provision of those facilities on a pro rata basis. So, I hope that answers your question. Holland: Thank you. Madam Chair, can I ask one more follow-up question? Perreault: Absolutely. Holland: Since you have done a lot of different mixed use developments around the valley, the other question that came from the audience tonight was around the balance of senior living facilities throughout Meridian. Just hoping you might be able to help answer Meridian Planning & Zoning Commission April 18, 2019 Page 36 of 75 that comment, too, about some of your strategy and some of your approach and what you have seen in the market. Turnbull: Well, as they say in real estate development, the development industry demographics drive everything and the demographics are that we have an aging society. We don't know exactly when this facility will be ripe for construction, but we do think that it's ideally located there in this area next to a medical facility. Also with independent living cottages adjacent to it that can provide a continuum of care. So, yeah, obviously, we don't think that that market would be over saturated or we wouldn't build it. Perreault: Any additional questions? Thank you very much. Cassinelli: Madam Chair? Perreault: Oh. Commissioner Cassinelli. Cassinelli: Actually had a question for Mr. Wardle, because it was something that what was brought up previously. Perreault: Thank you, Mr. Turnbull. Wardle: Yes, sir. Cassinelli: At the -- at the initial hearing last month you had the -- the one drawing that was -- the plan I think was submitted to KTVB and it was -- it was -- it was brought up. Basically the project is flipped, with the hospital being to the -- to the east. You have brought up the issue and, Sonya, if I could get some feedback from you, too -- with the mixed use interchange, the hospital fit that and not the mixed use community. If -- if that were to fit in the other way, is that a workable layout? Wardle: Madam Chair, Commissioner Cassinelli, that's not a decision that I even would have the ability to discuss. The folks that put those projects together, Ball Ventures Ahlquist, particularly, doing a lot of similar facilities around the valley, are the ones that make the determination of how the site needs to function and when we had the initial conversations with staff, it was apparent that the type of uses in the mixed use community to the east and the mixed use interchange to the west of Levi Lane, essentially, was a better fit to have the hospital complex to the west for comp plan compliance and that's kind of the direction that we went, because, you're correct, that there was an original September of last year PR piece put out that had the hospital -- it had it flipped, but as they got into more discussion with staff and consideration of how the site really worked, it changed. Cassinelli: And, Sonya, is that -- can you confirm that? Is that -- Meridian Planning & Zoning Commission April 18, 2019 Page 37 of 75 Allen: Yes, Commissioner. The intensity of uses in the mixed use interchange really are more suitable to the proposed hospital than having the hospital right next to the future residential uses -- would be a -- more of an impact on those uses. Cassinelli: Okay. Perreault: I have one more quick question for you. In that similar line, the office buildings that are here on the east side, they are three stories; is that correct? Wardle: That is correct. Perreault: And so is there going to be any issue with parking lot lighting and whatnot shining into the -- the neighboring properties or we feel like the 160 feet plus the 20 foot common area is going to mitigate that sufficiently? Wardle: The lighting has to be contained on site. Now certainly there is always some type of visibility aspect, but the design of the lighting will be internal and interior, so that nothing would be directed outward from that project site. That will be a specific thing that will be looked at when they go in for zoning compliance and design review. But based on our project out at Ten Mile where we have a similar relationship with a well-established older neighborhood, that actually was a consideration of those folks, that they preferred to have that type of the parking lot elements and the building setback further, just as this is configured and it was very agreeable. They all signed off on that as their preference in fact, so -- Perreault: Okay. Thank you very much. Wardle: You're welcome. Perreault: Appreciate it. Okay. I think that's everything for the applicant. Thank you. Wardle: Thank you. Perreault: At this time could I get a motion to close the public hearing for Item No. H- 2019-0021? McCarvel: So moved. Cassinelli: So moved. Second. Perreault: It has been moved and seconded to close the public hearing for H-2019-0021. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: Who would like to begin our discussion this evening? Meridian Planning & Zoning Commission April 18, 2019 Page 38 of 75 Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I have a couple questions for staff. I don't know that we have ever -- that we have addressed parking in this whole thing and we are -- we are known to question parking. With all the other things that have come up, the roadways and everything else, this -- the stub streets to the rural development to the north -- and I don't see it in here, but I might be missing it. Where are we at with -- with parking? That's my first question. I will let you answer that and I will jump in on another one. Allen: Chairman, Commissioner Cassinelli, a detailed review has not been performed of this site. This is a concept development plan and only an annexation and zoning and a preliminary plat application. So, that detailed analysis will take place with the conditional use permit for the hospital and the subsequent certificate of zoning compliance and design review applications. Cassinelli: Okay. And, then, question number two is -- on the single family on the northeast, not -- that's part of the -- part of the assisted living and the cottages, do -- we have got -- we are meeting requirements for -- for open space and common lots there the way it's proposed at this point? Allen: That is correct. Yes. Cassinelli: Okay. Thank you. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: Since everyone else is being so quiet, I will give my -- my few comments. First of all, I think that it's obvious there has been a lot of work put into this. I think overall it looks like a really nice mixed use plan that fits what the Comprehensive Plan is asking for. I certainly sympathize with the folks at Franklin Sensor that -- it's certainly a challenging situation to try and figure out how roads are reallocated and access points and I appreciate everybody showing up tonight to give -- give some feedback, because it's really helpful for us as we kind of deliberate on what we are looking at. A couple of thoughts I had overall. We had talked about it a little bit with the applicant that the section of the Waverton commercial, if that is going to end up having truck traffic leading into that industrial development towards the west, that they would just consider whatever buffering needs to happen for those residents that are on the west side of -- of that road. I think that's something that can kind of come into play later on in the development, since this is just conceptual at this point. Number two, I think we answered a lot of the questions with the over balance of senior living, you know, if they weren't being successful and attracting residents they would probably stop seeing as many of them, but there are a lot of people in need for different types of housing throughout the valley and even though there is -- it Meridian Planning & Zoning Commission April 18, 2019 Page 39 of 75 seems to be an abundance of them coming through lately, they do seem pretty well distributed on the map, too. They are not all clustering in one area versus another. I also appreciate that we -- we had support from -- from fire here tonight to help answer questions, but the impact fees do help cover some of the costs of development when they come in and that growth does help a little bit for -- for itself. I like the idea Commissioner Cassinelli, passed on about maybe having some sort of monument sign at the corner of Levi and Waverton that might help direct traffic towards that industrial complex to the west. That might be a good consideration to think about. But with the current truck traffic it sounds like there is only four to five trucks, plus or minus some of the UPS traffic, as well as some other -- or some of the employee traffic coming in. I don't know that I see a huge challenge with four to five trucks managing going through the way that it's set up here, but certainly I would ask that, you know, as this goes forward that if they are working on that south road below the hospital, that they would just have that reflected on the future map before it goes to Council. Those are kind of my thoughts in general. Perreault: Thank you. Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: And I -- I tend to agree with what Commissioner Holland has laid out. I think this is a -- in regards to service area, what could be utilized in a mixed-use commercial, this serves a big population, Middleton, Star, north Meridian, and it's on a state highway, which I think is an exceptionally good to use in this area. Living not far away from this spot, I think having a police station -- substation there, having a hospital that close I think would be a nice addition to our area. I do -- I have not heard the Brighton Corporation not to be good neighbors. They tend to kind of work with the folks around them, even when it's not on their property, and in this situation I do commiserate with the Franklin Sensor folks. It's challenging with the road that is not -- is on their property and that's hard for us, because that's -- they get to do what they want to do with their property and so that's a challenge for me. But I do appreciate the willingness to work with them to figure out how to get trucks in and access in as that development -- as their development grows. But I like the work that's been done in the design. That is a true mixed-use community and we haven't seen that a lot lately. We have a lot of rooftops and not a lot of services and I think this is the kind of services that we need and I like the mix and so I -- as I -- we have got some things to work out, but for the most part I would be supportive. McCarvel: Madam Chair? Perreault: Commissioner McCarvel. McCarvel: I like as well the mixed use of this and I have gone back and forth so many times on where this road is, because of where they thought it was going to be and everything, but when it does come down to it it is on private property and, actually, probably that collector road Waverton being a little farther off Chinden probably will help Meridian Planning & Zoning Commission April 18, 2019 Page 40 of 75 the flow of traffic a little better anyway and I think with the design we saw I think a couple weeks ago, that Waverton probably will -- you know, could easily line up with their secondary entrance, which will actually probably benefit the surrounding buildings at Franklin Sensors and I agree that the current layout for where their loading dock is is tighter than anything else they have got to deal with out here. Fitzgerald: Madam Chair, can I speak to the -- I think the -- also the comment on the assisted living facilities, I think we all sat in the meetings where we had statistics about who is moving here and we would like them to be 25 and like new tax paying people, because -- and having 60 years of work ahead of them, but they are not. They are -- a lot of them are retirees, no kids, and we are -- I think the market's going to drive this. I don't think that's our job. But I -- because the developers know what they would need to build and what we need to serve the population, but our population is aging in this valley quickly and we are seeing more people move in that are retired and not -- they are not making income, they are -- they are doing something different. We are going to see a lot of retirements coming forward and I think the facilities are going to need to be there to support that. Perreault: Any additional -- Cassinelli: I guess I will just -- I will just put it in my -- Perreault: Commissioner Cassinelli. Cassinelli: -- my comments. Thank you. I -- you know, I do -- I do sympathize with the frustrations of Franklin Sensors and the road being moved multiple times. I guess I don't see it as -- I know what they had envisioned and I get that. I don't -- I guess I don't see it as being as -- as negative as -- as it could be. I think if they continue to work together that they can manage the truck flow traffic. It sounds like there has been conversation that way to bring it on that southerly road. I feel going straight in Levi and -- and left on Waverton, if -- you know, if it remains this layout, it's still a s t r a i g h t s h o t i n t o t h e development. Maybe not a straight shot into their building, which is what they -- which is what they wanted. But I think with some adjustment there it can be just as good. My -- my only thoughts right now, other than I brought up the parking, so we are -- we are -- we have touched on that. There was no -- there was no negative feedback from the -- in fact, we didn't have any -- anybody commenting that lives to the north. So, apparently, they are -- they are fine with it. I'm not wild about the transition to the -- you know, from the medium density to the rural there, but everybody -- those folks that are living up there seem fine with it. My last concern would be the -- looking at the north -- I guess the northeast corner, all the -- all the green there is sort of concentrated right into the entrance to that road. I would like to see something broken up would be my only thought going forward and maybe taking out a lot, shifting some things to get a common lot, because you don't have anything from there until you get all the way to the assisted-living. There is -- there is a -- there is nothing, as far as maybe a little pocket park or -- or anything in there. That's -- that's about the only thing I -- I could picture differently at this point. Other Meridian Planning & Zoning Commission April 18, 2019 Page 41 of 75 than that I'm -- I am -- in this location where it's at, it's -- you know, it's a good project for that area. McCarvel: Madam Chair? Perreault: Commissioner Olsen, do you have anything to add? Olsen: I have also gone back and forth on the road situation, but I do feel that the -- having Mr. Peterson here tonight representing the private party that is supposed to be entering into the agreement or the license agreement seems to make sense. It is -- I understand that that is not within our purview anyway; is that correct? Perreault: Correct. Olsen: Okay. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One other thought just to share is I know it's challenging when -- when roads get changed and you have got development plans, but you think about a lot of the developments in Meridian, especially when it kind of relates to the industrial world or maybe even -- if you're looking at office or whatnot, even though you have got to kind of jog up and turn a few hundred feet more than -- than you had to before, if you think about like where United Heritage is located, you have got to curve through a series of different office parks before you get there, but people -- if they want to go to that office building still go to that office building. So, it's inconvenient perhaps, but I agree that one of the comments made earlier is with the location of the new highway coming through they will still have a lot of visibility on that highway of people that will drive by and see the beautiful complex that you're -- you're working to build and so it's tough. I wish there was an easier way to do it. If you have got a lot of people -- especially with truck traffic, if we do fix that south road, it kind of curves south below the hospital, one concern is that instead of placing them up on Waverton, you might have traffic stacked up there trying to turn left if there was a lot of traffic coming in and out. So, while it's certainly challenging and I sympathize, I like the idea of having them use the collector and the commercial as the major pathway to get to the complex, because I think it's better for traffic planning and perhaps, you know, you could create a loop where they come down Pollard and back through that south entrance on the way back out, so they can do a right turn for the truck traffic and you kind of create a loop for them. But that's just another thought to keep in mind. Perreault: Thank you. McCarvel: Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 42 of 75 Perreault: Commissioner McCarvel. McCarvel: Yeah. I'm thinking easing those corridors for the commercial roads and using those commercial roads for the trucks and the industrial roads for the trucks and ease -- you know, if those corners need to be eased off, if that's the concern, I think that's probably easier than having those trucks come in and take an immediate left so close to Chinden. Like you said, create the loop if necessary. Perreault: Thank you. I think those are some great ideas and I'm in agreement with my fellow Commissioners. Just a few other thoughts regarding the -- I just lost my train of thought. Too many details to remember. I will say that I am also sympathetic to Franklin Sensors and their concerns and the changes and the history that they have gone through and I would -- I would encourage that if -- if Ball Ventures is going to continue having conversations with Franklin Sensors, that there be an attempt maybe to have some solidification to a concept prior to City Council. I think that would be very helpful to wrap that up if it's possible, so -- and I -- I would agree with Commissioner Holland's concept of using the -- the Levi collector street north up to Waverton and continuing to take lefts and, then, you know, come -- come through that loop. This is -- there had been some testimony given by those that had come forward and mentioned that -- that Chinden is -- you know, we are adding stop lights, we are adding an additional traffic, we are adding -- even though it is being widened and now we are bringing all this additional traffic to this area, but as Commissioner Fitzgerald mentioned, this is -- this kind of location with the state highway and Highway 16 nearby is the location you would put something like this. It's just -- that's -- that's where a concept like this would go. So, if we talk about, you know, is there an alternative location for something like this, I don't know where, you know, you would find that in an effort to not increase the traffic to Chinden, which -- which the state and the -- the STARS program through the other application is attempting to do. So, I don't know that that was spoken very well, but those are my thoughts and if there is anything else to add before we make a motion and keeping in mind that there are some modifications that need to be made in that motion. Holland: Madam Chair, one more -- Perreault: Commissioner Holland. Holland: -- quick question for staff and whoever makes the motion for the Public Works section, would they need to read the entire paragraph into the motion or would it just be the section that starts with developer shall be required to work out the final design location and move on from that point? Allen: Madam Chair, Commissioner Holland, you can just simply state add the 50 foot by 100 foot parcel requirement in condition number 1.2. Holland: Okay. Thank you. Allen: Thank you. Meridian Planning & Zoning Commission April 18, 2019 Page 43 of 75 Fitzgerald: And Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: To Commissioner Cassinelli's comment about parking, I know that we love to talk about parking between he and I. You will get another shot at this when the conditional use permit comes back in. So, we can count parking spots, you and I together in the next round. Cassinelli: I'm looking forward to that. Fitzgerald: Madam Chair, if there is no further comments, I will make a motion. Perreault: Commissioner Fitzgerald, please, do. Fitzgerald: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of File No. H-2019-0021 as presented in the staff report for the hearing date of April 18th, 2019, with the following modification: That the applicants -- that the staff report be modified on 2.C to include -- or to read: Depict a 20 foot wide common lot or permanent dedicated buffer for the street buffer along West Waverton on Lot 24, Block 1, in accordance with UDC 11-3B-7C-2B. And, number six, submit a detailed of children's play equipment with the applicable residential final plat and a modification of No. 1.2 in Section 8.B to include a 50 foot by 120 foot parcel for a lift station. And to -- I think to include -- I think I would like to have the applicant work with -- ensure they work diligently with the -- their neighbors to the west to find a solution on a transportation issue and the road solution, as well as look at -- at signage, both at Levi and whatever goes south and at Levi and Waverton for both -- where you're just going to send trucks and we are going to send cars. McCarvel: Second. Perreault: It has been moved and seconded to approve File no. H-2019-0021. All those in favor say aye. None opposed. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: At this time we will take a five minute break and, please, be ready for our next application in five or six minutes. Thank you. (Recess: 8:08 p.m. to 8:16 p.m.) B. Public Hearing Continued from April 4, 2019 for Gander Creek ( H2019-0013) by Trilogy Development, Inc., Located at the SW c o r n e r o f N . M c D e r m o t t R d . a n d W . M c M i l l a n R d . Meridian Planning & Zoning Commission April 18, 2019 Page 44 of 75 1 . Request: Annexation and zoning of 125.68 acres of land with a n R - 8 z o n i n g d i s t r i c t ; and, 2 . Request: a Preliminary Plat consisting of 401 building lots, 55 c o m m o n l o t s , and 5 other lots on 117.10 acres of land in the R - 8 z o n i n g d i s t r i c t Perreault: Okay. I think we are ready for our next hearing. At this time I would like to open the public hearing continued from April 4th, 2019, for Gander Creek, H-2019-0013 and we will begin with the staff report. Allen: Thank you, Madam Chair, Members of the Commission. The next application before you is a request for annexation and zoning and a preliminary plat. This site consists of 117.1 acres of land, zoned RUT in Ada county and is located at the southwest corner of West McMillan Road and North McDermott Road. Adjacent land use and zoning. To the north are rural residential and agricultural land, zoned RUT in Ada county. To the east is North McDermott Road and single-family residential properties in The Oaks West Subdivision and other undeveloped lands, zoned R-8. To the south is a future high school and elementary school, Owyhee High School, that was recently approved and to the west is agricultural land zoned RUT in Ada county. A little history. In 2015 an application for annexation and zoning and a preliminary plat was denied on the northern portion of this site due to Council's finding that it was not in the best interest of the city to annex the property at that time. That was the Copperbrook Subdivision. The Comprehensive Plan future land use designation for this site is medium density residential, which is three to eight units per acre. The applicant is requesting annexation and zoning of 125.68 acres of land with an R-8 zoning district consistent with the medium density residential future land use map designation. A preliminary plat consisting of 401 building lots, 55 common lots and five other lots, consisting of four lots reserved for ITD for future right of way for the extension of State Highway 16 and one lot reserved for the city for a future fire station and service center on 117.1 acres of land in the R-8 zoning district. This plat is proposed to develop in nine phases. The phasing plan is on your right. The minimum lot size for the development is 4,000 square feet, with an average lot size of 6,002 square feet. Five different lot sizes are proposed and that -- there is a mix shown there on the right, 4,000 square feet, 5,000 square feet, 6,000, 7,000 and 8,000 square feet lots for the development of traditional front-loaded lots and rear-loaded alley lots. A lot size rendering was submitted as shown that demonstrates the variety of lots proposed within the development. There are two existing structures that are within the future right of way area that are proposed to remain until such time as right of way acquisition occurs for State Highway 16 and/or the construction of State Highway 16 commences. One access is proposed via McMillan Road and one access is proposed via North McCrosson Avenue. The proposed mid mile collector street, a crossing over the Five Mile Creek, is proposed at the quarter mile. The Five Mile Creek bisects this site and is on property owned by the irrigation district. It is not owned by the subject developer. A ten foot wide multi-use pathway is proposed along the west boundary of the site within the street buffer along the McCrosson Avenue from the south boundary to the north boundary of the Five Mile Creek. And if you can see my pointer here, I will point to Meridian Planning & Zoning Commission April 18, 2019 Page 45 of 75 it right here. Then it goes up along the north side of the creek to the quarter mile and, then, continues north through the park to McMillan Road. The Parks Department is requesting the pathway is also extended along the north side of the creek to McDermott Road and that's from the quarter mile here to the east. Qualified open space appears to be in excess of UDC standards, although staff has requested some modifications to the open space exhibit and there were a few areas that were counted that weren't -- didn't qualify for UDC standards, as well as some parkways in the northern portion of the development that weren't counted. So, I think all in all we are -- we are still in excess of UDC standards on that, though. Site amenities consisting of a swimming pool with a playground, picnic shelter and a half basketball court in the 2.11 acre park at the entry of the development for McMillan Road and that's this area right here in the northern portion of the development. Another playground and picnic shelter in the 2.64 acre park at the entry of the development from McCrosson Avenue in the southern portion of the development. And that's this area right here. A picnic shelter in the approximately one acre park also in the southern portion of the development. Again, that's right here. And a long segment of the city's multi-use pathway system along the west boundary that I just spoke of and along the southern portion of the development running along the north side of the Five Mile Creek to North Glassford Way and north to McMillan Road and many internal pedestrian pathways in excess of UDC standards. Conceptual building elevations were submitted for the proposed single-family residential detached structures. These are the Tresidio homes and the Biltmore elevations. Written testimony was received from Shawn Brownlee, the applicant. He is requesting a couple of changes. I will go through those. Condition No. A.1.B, which requires the developer to construct a mid mile collector street, North McCrosson Avenue from West McMillan Road to the north boundary of the school property to the south, approximately 1,970 feet, with the first phase of development. That timing was based on the timeline of the school property developing to the south and their need for the secondary access. The applicant is requesting the timing for construction of -- is changed from the first phase to the earlier part of the second phase or at the time of substantial completion of the high school, consistent with the West Ada School District's construction timeline for the high school. Staff is okay with this change if the applicant submits a letter of intent from the school district for their timeline that is consistent with this change. And, then, similarly Condition No. A.1.C, the developer shall construct pedestrian walkways along the entire frontage of the site to North McCrosson Avenue and West McMillan Road with the first phase of development for safe access to the school site to the south for children walking to school. Again they request the same timing as I previously mentioned and staff is okay with that change with that stipulation. Condition No. A.3.G, extend the multi-use pathway along the north side of the Five Mile Creek from Glassford Way to the east boundary of the site consistent with the pathways master plan. The applicant does not wish to extend the pathway along the north side of the creek from the quarter mile to the project's east boundary as recommended by the Parks Department. And, finally, Condition A.3.H, depict a five foot wide detached sidewalk along North McDermott Road in accord with UDC 11-3A-17. The applicant wishes to construct the sidewalk with the last phase of development consistent with ACHD's condition and staff -- staff's intention was for it to be constructed with the associated phase of development. So, that's fine if that's their last phase. Staff is recommending approval as the proposed open space and site amenities exceed UDC Meridian Planning & Zoning Commission April 18, 2019 Page 46 of 75 standards and there are a nice variety of housing types proposed. Staff will stand for any questions. Perreault: Any questions for staff? Would the applicant please come forward. Taunton: Commissioner, my name is Bob Taunton. My company is Taunton Group and I represent Trilogy Development, who are the -- is the applicant for the -- the project this evening. The first thing I would like to just recognize -- Perreault: Mr. Taunton, state your address as well. Taunton: Oh, I'm sorry. 2724 South Palmatier Way, Boise, Idaho. 83716. I should note that. First thing I want to do is thank the staff for working with us really over the last few years. The project has kind of changed in terms of its size and some conditions have changed and so we really appreciate the fact that they are supporting the application tonight. Appreciate their positive recommendation. I just have a few brief slides -- a few slides that I wanted to go over. If I can do this correctly. There we go. The one thing -- Tonya -- Sonya did a great job on describing the project. I just wanted to mention that we have done a recalculation of the open space and it was just finished yesterday. She's not had a chance to review it. But we will be submitting it. And it looked like the qualified open space is 10.2 percent. But that's of the gross area. So, that includes the ITD parcels, it includes the specific parcel as well. So, if we just looked at the roughly 96 acres of development, the percentage would be much higher. Same thing with the total open space that would be maintained by the HOA. It's 14.9 percent. Again, that's based on the gross area and on the net area would be much, much, much higher. One thing that we are requesting is a waiver. There is a requirement in the code that within a certain period of time you have to deliver water and sewer to existing residences and we are requesting a waiver to that, since the residences are in the ITD right of way and the thought is that they would remain as they are until construction or until there was a purchase and sale agreement with the -- with ITD, at which time likely they would be demolished. So, it just doesn't make practical sense to extend sewer and water to them. They already have that, of course, based on wells and septics. So, we request that the Commission agree with that. One of the -- one of the things we wanted to talk about a little bit is the -- The Oaks sewer lift station service area, which is really a major constraint in this particular area. What we are showing here is the location of the property, which is at McMillan and McDermott. Just south of us, of course, is the Owyhee High School and the future elementary school. The kind of purple -- purplish line is an indication of this sewer drainage boundary. So, it's a very discrete line. In fact, as we will see later we are limited to -- well, we are requested not even extend stubbed sewers to the western part of the subdivision, because once you're -- once you're west of the mid mile collector, then, you're really in another service area, which -- and I will explain more details on that. So, as Sonya said, there are a number of projects that are in the area that are north -- or that are east of McDermott. A few years ago it looked like this was pretty isolated. A lot of the conditions have changed today. The comp plan designations are indicated, but one of the things to keep in mind is that the Star comprehensive plan is directly to the north of Chinden and the Nampa comprehensive plan is west and south and there actually is a Meridian Planning & Zoning Commission April 18, 2019 Page 47 of 75 platted subdivision in Nampa just directly south of the -- of Ustick. Both of those cities are updating their comprehensive plans. They are in final -- final draft. Again, this is a little bit more of an indication of what of the surrounding land uses are. You have, you know, community mixed use, business park, medium density residential, more intensive uses along Chinden. So, this -- you know, this isn't sort of a piece of property that's out there that's not really connected to other things. Now, admittedly, development hasn't taken place yet, but the plan, obviously, for -- is for development to -- to undertake a western pathway here. This is a good indication -- it's the city's map about the sewer boundary. We are -- if I can get this to work properly. Our property is right in this location. So, we are right across the road from the lift station. This is the McDermott alignment here, the green line, and as I mentioned earlier, the -- there is no stub sewers that will be placed in this -- this subdivision that would indicate that anybody could hook up from the west and you can see that once you go north of McMillan this particular boundary becomes not a half mile, but a quarter mile and, then, as you go further north it basically disappears for being west of -- west of McDermott. So, a lot -- previously people were looking at McDermott as being some kind of a boundary for urban development, but, really, it's -- it's the sewer boundary and I think we all know that the most efficient kind of development is a development that makes use of utilities and infrastructure that are already in place, as opposed to any kind of leap frog development and that's really not the case here. This lift station was designed, obviously, with the city and supported by the city, was put in by -- by Coleman, now -- now Toll Brothers. The future sewer. So, the area to the west of us I mentioned is not going to be serviced by -- by the lift station, it's going to require a future lift station that's at Can-Ada. So, it's -- it's two miles away from McDermott. If someone were west of us, they would have to construct a gravity sewer line, the McMillan line, trunk line, all the way out to Can-Ada. They would, then, build the lift station and, then, they would have to do a pressure line back to The Oaks lift station, which would, then, as you can see on the map where the Meridian wastewater treatment plant is, it's further to the east. As a long time developer I can tell you that any development west of us in the near future is remote. It's -- it's going to take -- be very very expensive to be able to do that and it would require a very large piece of property and I don't think that that's going to happen in the near future. So, really, for -- for Meridian's purposes, this is going to be somewhat of a growth -- growth boundary for the near future. The West Ada School District memorandum of agreement is -- was signed by Heartland, the applicant, which is related to Trilogy in West Ada, in 2018 prior to the annexation and rezone for the school. It's the agreement is to enter into a binding agreement once both properties are annexed. So, they are annexed -- were annexed in that would precipitate the -- the more formal agreement. But the basic premises are that Heartland will extend the mid mile collector, it will be a hundred percent of Heartland's cost to do that and it will go from the north boundary of the McFadden Drain up to McMillan Road. So, along the entire western frontage of our property and it will be completed when the Owyhee High School is substantially complete and they are seeking a CO, certificate of occupancy, from the city and we think that's going to be probably around July of 2021. There are representatives from the school district here and they can confirm that. I put on here the projected completion. Really I should have said the projected occupancy for students in the fall of 2021. So, this illustrates the -- the alignment of the sewer line. As I said, it would start at the north -- on the north boundary of the McFadden Drain. That's Meridian Planning & Zoning Commission April 18, 2019 Page 48 of 75 the crossing that is the responsibility of the school district. It will extend north and will cross over the Five Mile Creek. We will be paying for a bridge structure there and we will continue on up to McMillan. So, it will be built as a half street according to ACHD's standards, curb, gutter, ten foot pathway up to -- up to the Five Mile Creek and, then, a five mile -- a five foot sidewalk up to McMillan and that's the same section, really, that the school is going to construct. So, it will all match up. And there will be a -- roughly about a 28 foot wide pavement surface, which is the standard for a -- for a half street that has two-way traffic on it. Before we started planning this and redoing some of the planning, we developed some community development principles, which is always the right way to do things. One of them was housing choice and I will refer again to the diversity of product that we are offering. Our goal is to have an active and walkable and connected community and recreational opportunities for all ages and kind of users and that really speaks to a healthy community. It's making the healthy choice to be active easier and -- you know, from -- from the standpoint of a resident and, then, there will be activity areas, as Sonya has mentioned, that will be there for gathering and interaction and, then, we do have the connection to the Five Mile pathway. The Meridian Fire Department has also signed a letter of intent with Heartland and that deals with the four acre growth site that they will utilize for a future fire station directly north of the -- the high school and the elementary school. The arrangement with Heartland is that Heartland will donate approximately two acres, half the site. The Meridian School District -- or, pardon me, fire district will -- fire department will purchase the approximate two acres at Heartland's average acquisition cost. So, in other words, Heartland is not making any -- it's not marking up the profit -- marking up the price for a profit to the fire department. So, the target is to enter into a purchase agreement on May 1st, thereabouts, and close on the site within 30 days of the final plat being recorded for phase two. The product diversity. Again, where our goal was to have product that fit a variety of income levels, consumer preferences, life stages and so we have everything from small lot, alley loaded, which are the kind of the orange-looking lots here on the diagram and, then, everything -- and, then, up to lots that are nearly 80 feet of frontage. So, a really good diversity of product to be able to cater to a diverse market. This is the parks and pathways map. We didn't show all of the sidewalks on here, but we tried to emphasize the major pedestrian connectivity that exists, both between the two sections and within the sections. Obviously, we are -- we are building -- our first phase -- our second phase will be where the fire station is. So, we are going to be building that connection across the Five Mile Creek at the quarter mile and that will provide for pedestrian connectivity from one side to the other. The size of the parks are listed here. The facilities, amenities that are located in them, I'm not going to go through that again, because Sonya did a good job on that. We also have the ability to extend pedestrian connectivity to the south. That particular crossing, again, is the responsibility of the school district and will be -- be able to -- our -- our residents will be able to walk to the future high school and elementary school without going out to the half mile collector, which, obviously, will be an opportunity. But one of the things that we really focused on was how to connect the folks who live in The Oaks and on the east side of McDermott with -- with the school. So, you see the blue line here, which is the ten foot wide pathway that comes from McDermott to our entry on the north side through the project on the north side of the Five Mile Creek and, then, south down to the school district property. So, that's going to be a great, you know, safe route to school for -- for Meridian Planning & Zoning Commission April 18, 2019 Page 49 of 75 pedestrians. These are some of the site renderings and images that I will just quickly go through. This is represented -- the -- the entry on McMillan, which will be our main entry from -- for the north section. This is an -- kind of an aerial view of it. It's location. But you can see it's going to be an extremely attractive entryway. Within your sight line as you're driving in is the park and the pool and, you know, it's really an inviting situation. Just a great entrance feature. This is a view of the swimming pool and structure that will be associated with it within that park on the north side. Wrought iron fencing. So, it's -- you know, everybody gets a chance to look at it, even if they are not in the facility. This is the gazebo and the playground area within that same park. The play fields that would be in that park as well. Obviously, grassed and treed. And these are the houses, the alley-loaded houses that would be fronting on that -- that open space. I actually live in this kind of environment and I can tell you it's just delightful, where you have sidewalk -- sidewalk on the front of your house, alley loaded, and a park across the street. So, we are going to do a great job on -- on that particular element of the -- the housing product and this is a more typical traditional situation, separated sidewalks and houses that front on the street and have front drive. This view is kind of an illustration of where the fire station white might be. We are looking east, just the road just -- up here is the main entry road for the south section from the half mile collector. And, again, it has a median, it's treed and immediately you have a visual orientation to the prime -- the major recreational facility. So, again, we are really trying to beef up that entry experience. This is the phasing plan. Sonya mentioned it. One of the things we wanted to address here is that we know that ITD is the result of getting the 90 million dollars to advance right of way construction for 16 -- is now going through a little bit of a quality control, if you like, looking at the current plans that were within the NEPA approval to see if there is changes they can make to bring down the cost of the right of way and also the facility. So, they are -- apparently they are looking at McMillan as to whether it would be an overpass or whether it would be at grade and we designed the phasing with the first phase being away from the 300 feet there, so that if there is any changes that we can accommodate it and the last phase is our -- along that 300 foot right of way. So, long before they develop we will -- we will know what the situation is regarding the design for -- for McMillan and the express way. And, then, the last thing is just to talk about the condition that requires the ten foot pathway along Five Mile going west, east of where we locate it. We just think that creates an unsafe condition where walkers would go along the trail -- and this is before Highway 16 of course. To get to McDermott there is -- it's an uncontrolled crossing. So, we just think that's not really the safest thing. In earlier pre-ap meetings we had talked about this and the decision at that time was to follow -- follow the plan that we have on this parks and pathway map. So, we -- and certainly once Highway 16 is developed -- I'm not sure what that timing is -- that would be a pathway to nowhere and so we are thinking that it just makes a lot more sense for a safe crossing at the McDermott-McMillan intersection, make the pathway go -- you know, go through our property, which we are, obviously, going to do, but not build that addition along the -- the north boundary. So, with that I can stand for questions. Thank you. Perreault: Thank you. Are there any questions for the applicant? McCarvel: Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 50 of 75 Perreault: Commissioner McCarvel. McCarvel: Can you share with me where those homes are that you said you do not want to extend the sewer to, the existing ones that are probably going to be demolished over there on the east side there. Taunton: Yeah. One is located in here and the other is down here. McCarvel: Okay. Thank you. Taunton: I did mention that there actually is a -- a lane here that exists and we would -- that would be vacated as a requirement of when the property develops it will be vacated per ACHD. So, minimize the -- you know, the crossings, obviously, to McDermott, but also eliminate it for Highway 16. Perreault: Thank you. Can you show us on this the approximate flow of vehicles coming out of the fire station, where they will exit? I'm assuming out to the west. Taunton: Yes. Madam Chairman, the -- it's expected that the -- the access to -- to and from the fire station will be directly to that mid mile collector. So, we will -- as I said, we will be fully improving that -- Perreault: Okay. Taunton: -- and when they have their site plan -- we don't -- we don't anticipate that they are going to be using the internal residential roads. They would have direct access to the collector road. Perreault: Okay. Thank you. And has there been any additional conversation about possibly continuing the -- the ten foot pathway on the -- on the east side within the irrigation district property and, then, just coming up and moving around through the common area there on the south? Taunton: We -- Perreault: Versus taking it out to McDermott directly? Taunton: Madam Chairman, I attempted to talk to Kim -- Kim Warren in your parks and pathways department, but wasn't -- we received the staff report on Monday, but I was not able to have a conversation with her to maybe look at alternatives. Perreault: Okay. Taunton: But that -- that might be something we do, but there is a good chance that there may be an irrigation pump house in that location. Not quite sur e y e t w h e r e i t w a s designed, so -- and there -- I will say that there are -- there is a strong concern from the Meridian Planning & Zoning Commission April 18, 2019 Page 51 of 75 police department that we kind of minimize the ability for people to get in behind these lots where we have -- we will have a berm, which will be a four foot berm with a six foot sound fence. So, there is -- we would have to talk to the police about that as well, because they were -- they were -- they were very interested in finding out what the condition was, because they are always looking to avoid these, you know, spaces where people could go that can't be seen easily from -- Perreault: You mean on the east side? Taunton: Yes. Perreault: On the east side, not on the south side. Taunton: The east side of the -- Perreault: Okay. Taunton: -- right of way. Yeah. Perreault: Next to the right of way. Taunton: Yeah. Perreault: Okay. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Is that where the -- condition A-3-G -- is -- can you -- can you kind of take your -- take the mouse and sort of show me where -- where it's planned -- where staff wants it and what you want to -- Taunton: Madam Chairman, Commissioner, yes, it would be following the north -- the north -- Cassinelli: When you say it's a pathway to nowhere, I mean if -- it will -- depending upon what 16 ultimately -- what happens there, that could go to nowhere? Taunton: Yes. There is -- there -- I will say that there is a possibility that if Highway 16, instead of going under McMillan, goes over McMillan, there may be a possibility to be able to take the pathway under, but we have no idea, we won't know about that probably until later this year from what we understand from the consultants that are working on Highway 16, so -- Cassinelli: And -- Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 52 of 75 Perreault: Commissioner Cassinelli. Cassinelli: Other quick questions. So, the fire station that's down in that civic lot, is that where -- Taunton: Yes, it's right there. Cassinelli: Okay. And the lane that's going to be vacated for the -- the homes that I'm guessing are -- are in the -- in that right of way -- Taunton: Yeah. Cassinelli: -- how will they then access what's there? Where is the -- where is their access going to come from? Taunton: The -- Madam Chairman, Commissioner, are you speaking about the -- any existing residences? Cassinelli: Correct. Isn't that what you're saying? That that land is going to be vacated? Taunton: Yes, it will be. At the time of development or it could be -- I know that there aren't going to be people -- when the property closes those people that are there will be leaving. So, that's not a location where there is going to be an existing residence. But it would be -- the closing of it, if somebody needs to have access from it, obviously, in the interim, obviously, we wouldn't vacate it until it was appropriate to do that. Cassinelli: Okay. Okay. Thank you. And one final question if I may. The number of homes in here, there is 400 plus. What's the size of the pool? Taunton: Madam Chairman, Commissioner, I would have to ask my client if he can tell me what that is. If I may I will ask him right now. Perreault: Yes, please. If he would actually come forward and speak into the microphone for the public record I would appreciate it. Brownlee: Commissioners, Shawn Brownlee, 9839 West Cable Car Street in Boise. I believe right now it's about a 30 by 60 is what it's planned for. Thank you. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One of my questions is on the east boundary of the site where you have got a number of homes lined up there, it's always challenging to me when I see a lot of homes that are backed up to where future highway is going to be and I know you have got some notes on here about what the -- there is going to be a concrete sound wall, there is going Meridian Planning & Zoning Commission April 18, 2019 Page 53 of 75 to be -- it looks like some trees and shrubbery, but can you talk a little bit about the maintenance to some of that, how it will be maintained if it's on that kind of roadway, what that buffer will look like? Taunton: Yes. We -- there is -- I don't have it my PowerPoint, but Sonya had a -- an exhibit of what that would look like, but the way that -- it will be maintained by the homeowners association. So, up until the point where it actually will be ITD right-of-way. So, in the interim before ITD develops -- you know, purchases the property and the houses leave, it will be farmed as it is today. So, the -- the area on the east side of the berm will look -- look as it is today and, then, we will maintain the berm and the -- and the sound wall. So, it will be attractive. So, it's ten -- ten feet in height. Holland: Okay. Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: Do you have an understanding of -- and maybe this is Sonya -- for Sonya, too. Is this the elevated portion of Highway 16 right there? So, there is going to be a -- further above them -- above these houses or do you know? Taunton: Madam Chairman, Commissioner, currently the plan is Highway 16 is at grade and McMillan is an overpass. Fitzgerald: Okay. There is an overpass there. Okay. So, I guess I'm concerned about -- or can -- so the reason for the pathway not -- if it's not above it, why is there a problem connecting it to McDermott? Or down to -- for at least the time being? Taunton: Madam Chairman, Commissioner, well, it's the -- the pathway would come out to McDermott following the Five Mile Creek, which is -- there is no crosswalk, there is no crossing of any kind and I'm -- I believe that traffic is going probably at least 40 miles an hour. So, we just -- we just think it's unsafe and in the long run not -- not practical at all. Fitzgerald: Thank you. Perreault: So, to follow up on that, that would not connect to any other current sidewalks on McMillan, because that's not developed on that side; is that right? Is that what you're saying? Taunton: Madam Chairman, there are -- there are no sidewalks on McDermott was the question? Perreault: Yes. Yes. There is no current sidewalk -- it wouldn't connect to any other sidewalks on McDermott if it was built out currently. Meridian Planning & Zoning Commission April 18, 2019 Page 54 of 75 Taunton: Correct. Perreault: Okay. Is there going to be a -- a light system for where the fire trucks come out from the civic lot and is there going to be a -- any kind of stoplight put there? Can you -- can you chat with us about that? Taunton: Madam Chairman, I -- I don't think that there has been a discussion yet about that. I'm sure that will come up in terms of the site plan that the fire department will propose. So, I have been in a few conversations and we have never -- never discussed that. I'm not saying it's not a possibility, it just hasn't been -- it hasn't been discussed. Perreault: I was just wondering about that in relationship to the mid mile and whether there will be a light there at some point, so -- Taunton: Madam Chairman, there would -- there would not be a signal -- an ACHD signal, no. Perreault: Okay. Taunton: It wouldn't meet their -- wouldn't meet their standard s f o r a s i g n a l i z e d intersection. So, it would be a special light for the fire department -- Perreault: Okay. Taunton: -- where they could stop traffic, so that they could get out on the road. Perreault: All right. Thank you. Thank you very much. Taunton: Thank you. Fitzgerald: Madam Chair, can I ask staff real quick -- Perreault: Yes, please. Fitzgerald: -- a question. Sonya, looking at an aerial on this thing, are there -- is there a pathway that runs through The Oaks? Because there appears to be one all the way through to McDermott. Allen: Yes, there is. Uh-huh. It goes along the north side of the creek I believe as well. Fitzgerald: So, is it -- do we have any understanding of a pathway concept or crossing or underneath the road from ITD? Allen: Sorry? Meridian Planning & Zoning Commission April 18, 2019 Page 55 of 75 Fitzgerald: Do we have any -- an understanding of -- I mean this is a long ways off in design requirements, but have an underpass or a connection of some kind or a light or anything? Just a highway, so there -- I'm sure there is not going to be any way of getting there unless there was an underpass or an overpass or something like that to be there. Allen: Yeah. I'm not sure that parks has that in their plans at this time. Fitzgerald: Okay. Thank you. Perreault: Okay. Do we have anyone signed up to testify? Way: Joe Yochum is the first one. Joe Yochum is the first person. Perreault: Thank you. Yochum: Good evening, Madam Chair, Members of the Planning and Zoning Commission. My name is Joe Yochum, 1303 East Center Drive, Meridian, Idaho. 83642. And I'm here representing West Ada School District. So, West Ada School District supports the Gander Creek application and recommends Planning and Zoning approve this evening for the following reasons: First reason is safety. A residential community adjacent to the high school and future elementary school will allow students and teachers who live in close proximity to have the option to walk or bike to school. The creation of the ten foot pathway on the collector through the community and the ten foot sidewalk on McMillan Road will provide a safe route to school for students in Gander Creek and east of McDermott Road. Another reason is there will be a significant financial benefit to West Ada School District and the public as a result of Trilogy paying the cost of extending the new collector road north to McMillan Road. Third. Through an agreement with West Ada School District Trilogy has agreed to do this upon annexation and prior to the opening of Owyhee High School in August to 2021. The City Council has conditioned the new collector connecting use to McMillan to be open prior to West Ada School District receiving a certificate of occupancy for the new high school. Approval of the Gander Creek application will allow bond funds approved by the taxpayers of Meridian to be used for the school facility and grounds, rather than the extension of the new collector and, finally, approval of the annexation will provide a four acre site for the Meridian Fire Department. This will place an important public service next to school property and advance development of the facility. Thank you. Perreault: Who do we have next? Way: We have David Bailey. Bailey: Good evening, Madam Chairman, Commissioners. My name is David Bailey. I'm with Bailey Engineering, office address is 4242 North Brookside Lane in Boise. And I am the project engineer for the project. So, I won't take too much of your time, but I wanted to just come up and say that our firm has worked on the sewer for this project and has, you know, the information associated with that. We are in agreement with the utility Meridian Planning & Zoning Commission April 18, 2019 Page 56 of 75 comments of the Public Works Department and can meet all those conditions for the project. Highway 16, we have worked on the -- the berms and the vertical and the information associated with preserving the right of way and the layout for the Highway 16 extension and try to keep track and keep up with what's going on with that as we go through the project. We have done the preliminary engineering on the -- the streets and drainage within the project and that includes the McCrosson collector on the west side of the property. We have done a preliminary flood study on the Five Mile Creek, so we understand where the -- where the flood plain is going to end up on that and what the conditions are and what it's going to take to cross the creek at both McCrosson and -- and -- and the mid mile collector. So, we understand that -- and I guess the concept is it's our job to make sure that we can build the project that we are presenting to you tonight. I guess I would throw out there is on the -- on the berm and the fence, because I heard that question earlier, is that we have -- we have done several profiles -- cross-sections through that area and we made that buffer there large enough that we could show that we could do with the plan for the Highway 16 at grade, that we can meet your requirement to be 12 feet above -- the fence and the berm would be 12 feet above the center line of the -- of the -- of the future road out there. So, that's the way this is designed at this point, is to be able to accommodate that -- that -- that buffer. If the -- if it ends up higher that we are going to have to look at your code and the conditions associated with that and make sure that we can -- that we can meet the requirements of the city in that area, so -- with that I would stand for any questions you have on those topics. Perreault: Any questions for Mr. Bailey? Bailey: Thank you. Way: Kevin Amar. Amar: Good evening, Madam Chair, Commissioners. My name is Kevin Amar. Address is 1548 West Cayuse Creek Drive in Meridian. I am here representing Biltmore Company, one of the builders that will be in this community and I wanted to explain a little bit of why we want to be in this community and what we think it represents for us and for our values of building. We build more of a move-up type product, you know, from the mid threes to the seven hundred thousand dollar range and we try to focus on projects that are similar to this one. They -- they aren't a subdivision, we try not to be in subdivisions, we really want to be in a community. We want to be in places that have pools and common areas and pathways and a diversity of home types and something that our clients, the people that come to us and build with, that they are looking for. Rather than just a place to live, they really have a sense of community and a sense of ownership within that community and we feel that Gander Creek will provide this. Obviously, it's in a growing area, it's right next to the high school, which is also beneficial, but we are in -- if you're familiar with other subdivisions, Reflection Ridge, Hillsdale Creek, Spurwing Heights, really, really quality developments in the -- in the area and we are in them also with Tresidio and Berkeley, other builders that are on this team and we -- we really work well together and we are all excited about this project, especially with a lot of the landscaping and things that are to come. We have been building for a while now adjacent to public highways, because they Meridian Planning & Zoning Commission April 18, 2019 Page 57 of 75 are everywhere and so we have to build adjacent to them and with the design that's happened in the past with that -- the walls and the berming and the landscaping, our clients and the people that move in really don't have -- many of them like the fact that they don't have anyone directly behind them. Yes, there is cars behind them, but that additional mitigation for sound decreases any of the concerns they have with the cars going by, especially the speeds that they are going by. So, Gan d e r C r e e k f o r u s represents -- we are in Bridgetower West, just -- just down the road and we are happy with Bridgetower West, but it is rapidly developing and we are -- we will be out of lots soon and this represents our next step that we will be able to provide more homes in an area and for people that are moving to this area that really like this type of product. So, we are -- obviously, we are in favor of it and we would request your recommendation of approval this evening. And with that I will stand for any questions. Perreault: Thank you. Any questions for Mr. Amar? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: How many builder teams are in this project? Amar: There is three in this project that I'm aware of. Like I said, Berkeley Building Company, Tresidio Homes and ourself. Cassinelli: Okay. Thank you. Perreault: Additional questions? Thank you. Amar: Thank you. Perreault: Do we have anyone else signed up? Is there anyone else here this evening to testify on this application? Please come forward. McKinney: I'm David McKinney. I live at 1225 West Bacall Street in Meridian. I do not live immediately adjacent to the site, so my interest isn't personal, but, really, I have a couple of comments in the interest of good development for the city. In general I think this is a good development and I think it will be a good addition to the city, but I have two primary concerns. The first we have sort of been talking about the buffering between the development on the east side adjacent to where Highway 16 is going in. The plans call for a four foot berm and a six foot wall. This is going to be a high speed arterial highway and it will likely produce more noise than Chinden Boulevard does and I notice that developments along Chinden are putting in much, much larger buffering between the highway. I think Pollard Subdivision that we just spoke about earlier has a 20 or 25 foot berm, if not them it's one immediately to the east. A very large landscape berm is going to help block out noise from the highway. Trouble is if we have -- if we built a lot of homes that are very close to a noisy arterial highway, we run the risk of this -- the immediately Meridian Planning & Zoning Commission April 18, 2019 Page 58 of 75 adjacent homes kind of suffering in terms of, you know, property values and interest and introducing at least in some -- to some extent some blight perhaps down the line. Another issue is that even though the highway may be designed by the time those homes are built, the highway won't actually be built. So, the homeowners moving in won't actually know exactly what they are getting. I think we need to be a little bit more proactive from the standpoint of this commission to require additional buffering there against the Highway 16. Second concern has to do with greenbelts and bike paths. I like them. It's good. I'm not sure we have gone far enough with this development. This -- this portion of Meridian we have the opportunity -- the city has an opportunity to really create something really great, rather than just the sort of standard subdivision and strip mall type development that we have sort of been -- the pattern has been followed for the last 20 years. If the bike path and walking path emphasis -- or capacity is emphasized more in this subdivision, it will really go further toward making this a true community, because this entire region -- the four square miles that -- that meet at the junction of McMillan and Star Road, this is the region that's going to be developed, property owners, lots of them, are interested and developers are interested. If we do this the right way it can become a community that's walkable, rather than just strip malls and to do that -- too concerns. One is a five foot sidewalk is not adequate to be both a bike and pedestrian access way. Even ten feet is marginal if it's going to be both bicyclists and pedestrians. Additionally, there are areas where additional paths -- and we have discussed some of them, but I would like the Commission to ask the developer to push a little bit further in that direction. For example, if we look at this plan right here, you have got a -- you have got north-south connection from the northern part of the subdivision down to the south, but, then, it sort of peters out. You don't have any clear pathways going straight from the north to the south and connecting into the school. Instead it meanders and it's round about and so on. If we could have a more direct north-south connection for bicyclists and pedestrians that will further enhance connectivity to the school property. Likewise, the east-west connection, again, there is some uncertainty about what's going to happen with Highway 16, but if there is a pathway going through The Oaks Subdivision to the east, it would make sense to connect along Five Mile Creek to The Oaks Subdivision to the east and work out the details with ITD about how that connectivity can be maintained with Highway 16. In any case, I would just like to encourage the Commission to give a little more attention to that to take something here that is pretty good, we can make it better and it doesn't necessarily put a huge burden on the developer to do so. Thank you. Perreault: Thank you. Is there anyone else here who would like to testify this evening? Please come forward. Niemeyer: Madam Chair, Members of the Commission, Mark Niemeyer, fire chief, Meridian Fire Department. I apologize for not signing up. I'm not used to this evidently, so -- certainly not here to testify for or against this development. That's not my job. But to inform you as commissioners, as well as the public, about the conversations we have had with the developer and the future fire station site. We have a citywide master plan and what we do is plot future general locations of fire stations that we think are going to be needed based on growth projections. We knew about the school district and their plans to look to develop there. We knew about Highway 16 and the planned expansion Meridian Planning & Zoning Commission April 18, 2019 Page 59 of 75 there. Certainly the commercial development on 20-26 that we know is going to occur and looking at the city's area of impact, that four square miles that we are talking about between Can-Ada, McDermott and, then, Highway 20-26 and Ustick, there is also an LP gas plant there that eventually someday, as was alluded to, will become our jurisdiction to protect. Right now that four square miles is protected by the Star Fire District. The chief and I five years ago had conversations about the future development in this area and what's going to occur, so we are on the same page with that. As part of that planning process when they went to Community Development, they, then, engaged us to talk about a potential future fire station in this area. For us this is a very good fit and I will just give you a few reasons why. One is this is not on a main arterial road. We try to avoid that if we can. Sometimes we can't. You know, Station 6 is on Overland Road is being built currently, that's going to be on the main arterial that will be lighted to give us access. This is on the half mile, which is a very good place for us to be. It gives us very quick access to both McMillan and Ustick as was alluded to. Ustick is going to be a connection onto the future Highway 16 expansion. McMillan will get us over that Highway 16 to provide service to The Oaks and the other developments going on. We like being next to schools. If we can we work with the school as far as future site locations. We also work with our Parks Department. So, as we talked about this development potentially with the developer, we also talked about pathways. That's not really our area, that's the Parks Department's area, but making sure that pathways and with the proposed fire station where those pathways are. To answer your question, Madam Chairman, we would have a light out there, that's our obligation. We work with ACHD. It's a traffic control light that when we do go out on a call you will see those at our current fire stations. They are over the roadway, the lights flash, let people know we are coming out. Some of the emerging technology that we will look at certainly with this development with the elementary school and high school just to the south of us, there is emerging technology that you can put lighting in the sidewalks, so when we hit the button to activate the light in the street the sidewalk actually lights up as well. So, the kids, if there are kids in the area, they see that as well. We don't hit children. We are in the business of saving lives. So, we do 12 hours of defensive driving a year as part of our training requirements. I had a great question from just the previous speaker about the size of the lot. Our current fire station lots are typically what we try and do is two, two and a half acres. Some of them are smaller. The one on Ten Mile is a half acre, which is really, really tiny for us. That was prior to my time. This is actually about four acres. The property that we also have committed already to and bought through the fire district out south on Lake Hazel that will tie into the 77 acre regional park that you may know about between Locust Grove and Eagle, that's another four acre lot as well. The reason we are looking at four acres for these -- these lots is that they are at the far edge of our district, the response boundaries, and so we have additional space to put some training props, to do manipulative firefighting skills, whereas the other stations that we have more towards the core of the city can come to our training facility and actually do those hands-on trainings. These are -- these are stations that we want to keep them out there in service and so we have the additional space to do some of those required manipulative hands-on training skills. So, I don't know if that's my three minutes or not, but tried to stay under it and I'm certainly happy to answer any questions. Perreault: Thank you very much. We really appreciate you being here. Meridian Planning & Zoning Commission April 18, 2019 Page 60 of 75 Niemeyer: Absolutely. Perreault: We always will welcome our -- our first responders, our Police Department and our Fire Department to come and speak in front of us. It's very helpful as we make these decisions just so you know. I am not familiar at all with any noise mitigation requirements that would occur next to a residential area. Can you speak to us about that, please? Niemeyer: Yeah. When we go to build a fire station we hold several public community meetings to talk about that very thing, how much noise. A lot of folks are worried about sirens and the noise of sirens. I can tell you in the middle of the night when we pull out of a station like this and we are going to a call, we do our best to keep the sirens off, because we know we are going through a residential area. We hit those sirens on when we hit the main arterials. We do our best to do that. We do -- every morning we check our equipment out. So, yes, we start chainsaws and make sure the equipment is running for the day, but we do work with the homeowners around the area to ensure proper fencing, proper noise barriers. We have very good relationships with the neighbors around our other stations. I can tell you some of our stations we are literally at the -- almost the back door of the people behind us and we have had very good relationships with them. That's a big part of what we do. We want to make sure we are good neighbors. In an area like this we will probably build a design of this fire station conducive to more the residential feel in the area, as opposed to our Overland station once it gets fully built and you take a look at it, it's going to have more of a commercial feel to it, because that's the neighbors that we have there. So, we certainly would have several public hearings where we can answer all those questions for the neighbors as we continuing on through the process. Perreault: Thank you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: And, again, thank you for -- especially for staying -- staying late. Niemeyer: I'm used to it. So is my wife. Cassinelli: You -- you mentioned earlier on the previous hearing that you -- you didn't know which was going to come first, the one on the south -- Niemeyer: Yeah. Cassinelli: -- or the one on the north. Niemeyer: Yeah. Meridian Planning & Zoning Commission April 18, 2019 Page 61 of 75 Cassinelli: Currently you're stating here that you are below your target reliability -- your -- your -- your target response I think. Is that -- is that correct? Are you still good from Station 5 out to here and when do you foresee this -- any idea of when that -- Niemeyer: I have learned the hard way not to give too much information on dates, because if things change, then, it's a headline in the news. So, all I can say is we have -- we have two properties that I alluded to earlier in my testimony on this project. One is in the south, one is in this northwest corner. Certainly the growth currently and what's projected for the growth in this area is rapidly occurring and so I can't say for certainty it's going to be the south or the northwest corner, which one comes first, it's all about development and how fast that development occurs. But with the high school going in, with the commercial growth on Highway 20-26 and the residential here, as I alluded to in earlier testimony, residential growth really drives our -- our priority of fire stations. What I can tell you is both of those stations are in our ten year capital improvement plan. Now, whether those happen in the next ten years is dependent upon funding and revenue and budgets and all that, but we do have planned for us internally both of these stations to occur within the next ten years if funding allows. Hopefully answered that question. Didn't feel too political. Cassinelli: Well, I guess to follow up, what is your -- because I was -- I was -- I got a real good comfort level of your response on the -- on the Pollard Subdivision, but from here -- I mean you're coming from I think Station 5, right, on -- on Ten Mile; is that -- Niemeyer: This, actually, would -- yes Station 2 on Ten Mile -- Cassinelli: Oh, it's two. Okay. Niemeyer: And so similar testimony that I had with the school district when we heard that, we can get to this location within the time frame that we are looking to get to it. Cassinelli: So, you are -- you are comfortable with the response in there. Niemeyer: Yes. Cassinelli: Okay. Thank you. Niemeyer: Certainly this station will help that whole area. Cassinelli: Sure. Niemeyer: Without a doubt. Perreault: Thank you. Any additional questions? Thank you very much. Niemeyer: Thank you. Meridian Planning & Zoning Commission April 18, 2019 Page 62 of 75 Perreault: If there is no one else to testify would the applicant please come forward. Are there any other additional comments you would like to -- to make or any questions that you would like to address? Taunton: Madam Chairman, no, there isn't, other than to say that we have done our best to create a very -- to craft a thoughtfully planned community here. So, we are proud of the plan and so we look for your recommendation of approval. Perreault: Thank you. Are there any additional questions for the applicant from the Commissioners? Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I previously asked about the -- the pool size. I want to make sure it's something -- I live in a subdivision where we have a pool for about the same number of homes and it is inadequate. But parking at the pool, I notice this -- the positioning of the pool is -- is definitely on one end. It's -- it is not centrally located. You're going to have a lot of people driving to the pool. If they have to go more than three blocks they are going to drive. Is there -- what's the parking at that? And is there also a -- a clubhouse or anything there, so it's going to require more parking? Taunton: Madam Chairman, Commissioner, I also live in a community that -- that has a pool and I would -- I would say since I live right across the street from it there are four -- over 400 houses that are serviced by that pool. There are no more than a few cars that are ever there for people that are showing up to utilize the pool with the kids. Most everybody walks. The kids are pulled in wagons. It's -- it's really remarkable to see. And there is no parking, it's just street parking. There is no specific parking lot. There are a few spaces. I mean we haven't -- you know, we just conceptually planned this, we haven't really analyzed in detail. It's not a -- it's not a detailed landscape plan. So, I think, you know, we are pretty comfortable with what the situation is. Perreault: Would you mind addressing some -- some comments that were made regarding the -- with the five foot pathways being enough space for bikes and -- and walking and pedestrians and the connectivity from north to south and east to west? Taunton: Madam Chairman, yes. Well, first of all, the five foot pathways -- the five foot sidewalk, you know, that's the standard ACHD sidewalk and that's just typical of most new developments. The pathway is ten feet and, yes, there are some people who think that 12 feet is better for a two way, you know pathway, but ten feet is -- is -- it works quite well and I have done quite a few of those. So, we are not too concerned about the width of that -- of that pathway. The fact that from the road is -- you know, is -- is a great advantage, too, because people get very uncomfortable if your pathway is right next to the curb. So, this is a better situation. Yes, go ahead. Meridian Planning & Zoning Commission April 18, 2019 Page 63 of 75 Daleiden: I'm Sonia Daleiden with Kittelson and Associates, 101 South Capitol Boulevard, Suite 600, in Boise, and I was the transportation engineer and planner who prepared the transportation study for this project and I just wanted to add to the width of the sidewalk and the comment. So, related to the -- the sidewalk that's against the street, yes, they are five feet, ACHD standard. The other thing I wanted to note is they are not intended to be used by bicycles. On the mid mile collector that will also be designed to ACHD standard, so it will also have a six-foot bike lane on the mid mile collector as well where bike traffic will be intended to use. Obviously, with younger school children sometimes they would like to ride on the sidewalk. But, again, that's what the intended connection -- if you can see -- it's working. Yeah. In the middle of the subdivision to go to the elementary school, the intent is for younger children to not have to go on the adjacent roads. So, just wanted to add some clarification that we are not intending to put bikes and pedestrians in that five foot width. Where they are joined will be a ten foot pathway, which is considered acceptable for that mixed use of -- of pedestrian and bicycle travel. Perreault: Thank you. Taunton: Madam Chairman, you were asking about the connectivity? Perreault: Yes. There was a comment made regarding the pathways being a little bit broken up and the flow not being as ideal as it could be. Taunton: Well, we have two sections, which we -- shall we just talked about the north section? As I say on this -- this illustration we have attempted to identify what would be the logical walking path for people to be able to get to the -- you know, to get to the park. So, I think we have -- we have done a good job of creating easy connectivity, detached sidewalks, that, you know, make it comfortable and easy to get to. The east-west connection -- I mean there might be a chance from -- in the south end here to be able to do a, you know -- oops. Sorry. Okay. Do a -- maybe a connection right here, which would suggest -- would improve things and remove that jog. As far as this disconnection, yes, it is a bit indirect to be able to get down here and maybe there is something that we can look at in the way of realigning things to be able to do that. I know that from a -- from a road standpoint we prefer not to have a continuous road, but the quarter mile, which we encourage as, you know, greater speed. But there may be -- from a -- from a pathway standpoint there may be an opportunity here to create a -- create a micro -- micro path that would be -- that would provide that pedestrian connectivity. So, we can look at that. Perreault: Thank you. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One more follow-up question to the pathways and I know we are spending a lot of time on this, but where that canal runs kind of through the middle, would you be open Meridian Planning & Zoning Commission April 18, 2019 Page 64 of 75 to doing the pathway in blue that you have defined here, but also continue it down to meet where the pathway requirement is and just extending it in case they decide to move that forward? Taunton: We are -- we have expressed our -- our thoughts on it, but if it's the -- if it's the choice of the Commission to recommend that, we understand that. McCarvel: Madam Chair? Perreault: Commissioner McCarvel. McCarvel: Sonya, do you have a picture of what the pathways look like on the east side of proposed 16? Allen: Not -- no. McCarvel: That would meet up to that. Parsons: Madam Chair, Members of the Commission, if I could just speak onto the -- in regards to the pathway and The Oaks project, because I was the planner that worked on that subdivision. So, keep in mind when Highway 16 is built McDermott Road will become a backage road to Highway 16. So, there won't be any connection across there and that's why when The Oaks came in we tied that pathway into the sidewalk that was constructed with The Oaks development along McDermott Road. Sonya and I talked about this. We weren't able to get ahold of Kim either and see if that made a lot of sense to construct the pathway along that side either, because there are a lot of unknowns at this time. Our code doesn't even require sidewalk along State Highway 16, so we don't even know if we could even tie that into a facility along that roadway and so staff didn't specifically require a sidewalk along McDermott Road or at least a pathway like we do along a Chinden Boulevard or Eagle Road. Again, those are things that still have to be worked out. What we could potentially do -- again, if this is something that you want as part of the project, you can certainly move forward with the Parks Department's recommendation and extend the pathway and they can take it up with the City Council and maybe get some more answers with the Parks Department and figure out how we want to terminate that pathway in the future. Sonya and I talked about maybe just turning it back into the development and creating a nice looped pathway system as a recreational amenity for the subdivision. I mean there is many ways that we can try to solve this problem, but I think at this time we don't have Kim Warren to give us her expert opinion, so it may be best just to move on with a recommendation as she stated in the staff report and have Council take action on it. Perreault: Thank you. That's all the questions for the applicant before we close the public hearing? Thank you very much. Taunton: Thank you. Meridian Planning & Zoning Commission April 18, 2019 Page 65 of 75 Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I move we close the public hearing. McCarvel: Second. Perreault: It has been moved and seconded to close the public hearing for Gander Creek, H-2019-0013. All those in favor say aye. Motion carries. MOTION CARRIED: SIX AYES. ONE ABSENT. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One thing I wanted to bring up, since Commissioner McCarvel and I sit on the Comprehensive Plan steering committee, we have seen some areas of focus maps around what they are calling kind of the Fields area, looking at the alternative plans that they have kind of put forward for our discussion. They do have this area and there is mixed use, because that was one of my concerns originally is that they are still kind of looking at what the future use map might look like for this large area, because the city is growing quickly and there is changing ideas on how this area should develop out, especially with the new school. Looking at just what's been proposed and kind of what pathway plans have been presented, I would feel more comfortable if we -- if we did modify that request of the applicant that we might just say they need to work with staff and Parks Department to come up with a plan that matches what the master plan looks like and that Parks could have some ability to work on that with them to make sure that matches what the whole overall plan looks like. I think it's a beautiful looking rendering that they have put up. It's nice always to see a little bit of visual. It's kind of how it will look going into a facility. It's going to be a tough area, because it's still a little bit further away than I would like to be from a lot of the services, which is some of the same concerns we had with the school when they came forward, there is not a lot of amenities for some of these residents yet, but along with growth typically come some of those amenities, too. So, I guess there is a double-edged sword there a little bit. Overall I like the site plan. I think they have done a nice job adding some amenities. I like that they are going to integrate pathways through their development and I just think they need to work with our Parks Department to figure out what the best solution is for everybody. Perreault: Thank you. McCarvel: Madam Chair? Perreault: Commissioner McCarvel. Meridian Planning & Zoning Commission April 18, 2019 Page 66 of 75 McCarvel: I -- I really like the overall layout and the -- especially the mixed sizes of lots. I -- we haven't seen that for a long time. It's just one box after another and it just seems -- and they are all tiny and I think spreading these lots out and making a few bigger allows for, again, driveways to be farther apart, you know, people just have a little more elbow room. I was noticing that on a lot of the -- on the layout we had how the smaller lots are just right next and bare lot integrated in between, I -- I like that layout in general. Perreault: Speaking to that, we have had some other applications where there has been concerns about additional guest parking in alley load -- alley loaded areas, because -- and cars getting in the way of trash trucks and things like that. So, yeah, having the variety where the driveways aren't so close together and where there is opportunity for guest parking is exceptionally helpful I'm sure to the police and fire departments as well. Any other comments? Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One -- one question for staff. In the staff report it talks about that they need to revise the preliminary plat to break it into two different plats. That's not something that we need to see separate, it's really just more of a technicality? Allen: Yes, it is, Commissioner Holland. Uh-huh. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: Trying to -- trying to find a -- the diagram of the pathways. I agree with what one of the individuals that testified and it was something that I noticed at first, it's very broken up. I would like to see internally little bit better pathways. I mean it's almost there. Thanks, Sonya. They are seventy-five percent of the way there. It's -- to me it's -- let's make this a -- you know, let's make it a real nice community development, let's finish off the connectivity internally and that would be -- I would want to see a number put forward for parking. I -- I believe where that pool is located that there is going to be an issue up there. I especially have -- I mean there is a -- quite a distance there between the southern -- southern edge. People are going to drive to that pool. So, I would like to see some number put in there as far as the parking. It looks like there is a parking lot up there, so I would like to require something and work with staff, figure out what that number needs to be. But, again, I would like to know how we would condition for a little bit more connectivity in the pathway system, but I would like to see that. Perreault: Thank you. Olsen: Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 67 of 75 Perreault: Commissioner Olsen. Olsen: I like the idea that the school district was here this evening and I would also like to see this -- this path, the north-south path that allows the kids to not have to make those deviations in some way to connect from that north-south pathway. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: I also wanted to comment on -- on the pathways, whether -- whether they are five feet or not, kids are going to ride their bikes on them. I mean it's -- that's a fact. So, maybe we need to -- if we need to look at widening some of these, too, to put the room in. They are going to use -- they are going to stay off of -- especially McMillan and I would -- you know, the collector not so much, but -- but definitely McMillan to do something up there and -- and, again, I think that maybe requires that pathway to go -- to flow into -- to cross McDermott and flow into The Oaks. Perreault: If I may just for the public's benefit, one of the reasons why we so seriously consider the pathways and -- and pedestrian access in these communities is because the goal is to keep the roads more interconnected from development to development and so that -- that increases our conversations regarding pedestrian safety and so the pathways in every one of these communities, especially ones this larger, are really significantly important not just for access and ease of the residents, but also for safety, because we are now having, you know, a collector -- we will have a collector street that will be accessing this development and a school, but even in areas where it's not connected directly to a school, as we are seeing roads connect to one another within these developments and people are -- are increasingly using subdivision streets to get places and not the arterial streets or the collector streets and it is conversation that we have had many times on different applications regarding safety for pedestrians when people take shortcuts through the subdivisions. So, just for the public's benefit that's why we have such detailed conversations about the pathways. I'm curious my fellow Commissioners' thoughts on the buffer on the east side and whether that's sufficient. It would be helpful to know whether the -- the highway will be put in at grade or whether it will be an overpass, but we don't have that information at this time, so -- Fitzgerald: We know McDermott -- or I mean McMillan is likely going to be an overpass and there are some kind of angling to allow for that increase in elevation to the northeast. Whether that road comes in on a straight on elevation that it currently is or not -- I think that's a -- remains to be seen. Madam Chair, I may not be able to answer that question, but can I asked Commissioner Cassinelli a question? Cassinelli: Absolutely. Perreault: Absolutely. Meridian Planning & Zoning Commission April 18, 2019 Page 68 of 75 Fitzgerald: So, I -- I tend to agree with you in regards to connections going south. I don't want to see a road go straight through there though. So, what is your thoughts? Because I like -- I like the road jogs, because I don't like speeding. Cassinelli: Absolutely. I see -- on the southern portion where -- where the sidewalks, pathways, cross the creek there, if you can come -- continue straight through there or -- because, otherwise, you're jogging -- you're going -- Fitzgerald: You're just using the sidewalk. Cassinelli: -- west -- you're going west and then -- and, then, down, don't even have -- there is not a red line there. You got to -- I mean bringing it down to -- I can't see street names or anything in there, but -- but bringing it where it -- where it crosses over the creek -- again, I wouldn't want to see the road straight through there either, but a pathway through there. Fitzgerald: Through the middle of that somehow? Cassinelli: Yeah. Yeah. I mean it may -- it might require reconfiguring some of the lots there to do that, but I think it's going to -- I think the flow personally and -- and the subdivision I'm in, although I made the comment about the pool and lacking in the size of the pool, one of -- one of our strengths in -- in the subdivision I'm in is -- is a phenomenal pathway system where people are just -- they are -- we are always walking through everywhere. It's -- I mean it's -- it's a great feature, you know, from kids on bikes to walking your kids to -- you know, especially, in -- you know, once the weather gets nice, like now, everybody's out walking through the path. It's fantastic. And I think -- it's almost there, but we are not completely connected up and I just -- I would like to see it -- a little bit more connection there that -- that north-south on the south side and maybe even a little east-west up top coming in. If I could draw it up I would just take a red line and start -- Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: I tend to agree that the north-south -- going across. I mean I know the red is -- they are five foot sidewalk type micro paths and, then, there is additional sidewalks around the whole neighborhood, obviously, because it's curb, gutter, sidewalk, but I -- I do agree that there -- there should be some into that middle part to break it up a little bit and, then, I do -- I don't know if we loop it back into the subdivision if there is an option, but having a connection point that doesn't rebuild later to The Oaks in this situation doesn't make any sense to me. Okay? I mean I think that giving us an option to be able to have a foot bridge or -- I don't know what it's going to do -- what it needs to be, but having all this, you know, miles plus going to the east and not connecting it with another couple hundred yards doesn't make sense to me, so I'm not sure -- and if there is an option -- an option to loop it back into the neighborhood, that's -- that's fine with me. Meridian Planning & Zoning Commission April 18, 2019 Page 69 of 75 Perreault: Commissioner Fitzgerald, are you saying that you would prefer to leave that requirement in the staff report versus modifying it? Fitzgerald: And let them work -- yeah. Let them work with the staff to either come up with a solution to loop it back through that common area right there or connect it when they can with the Parks Department's direction. Perreault: Thank you. Cassinelli: Madam Chair? Perreault: Commissioner Cassinelli. Cassinelli: You had asked about our opinions on that sound buffer. I don't -- I -- there is a -- I mean now is a chance to have build -- you can build a bigger berm, you know, and do a -- requiring it now and putting it in, it's -- we are not talking about a huge cost. If you keep the fences six foot fence, you just increase the size of the berm. Again, we don't know what 16 is going to do, if it's -- if it's elevated at all, you -- you went way too small and you got a -- you got a -- you got a problem there and you got homes that -- up against there that aren't desirable at all. So, it's -- unfortunately we don't -- we don't have the answer with -- from ITD and we don't know what's going to happen with that, but I would rather recommend it -- recommend a little bit more and have a little overkill on that than -- than coming up short. That's my -- you wanted some thoughts on that, That's what I'm thinking. Fitzgerald: Madam Chair? Perreault: Commissioner Fitzgerald. Fitzgerald: Commissioner Cassinelli, were you thinking like an eight foot berm, six foot berm? I mean where did you -- Cassinelli: I don't know what's along -- what's along Chinden, but, you know, when you get launching in there -- I'm drawing a blank on some of the names of the subdivisions there, but when you get along -- Fitzgerald: Paramount. Cassinelli: Castlebury, Spurwing and -- and whatnot, what -- what -- what they are running there I would -- I would want to see them at that -- probably that height. I think the fences are all six foot, it's just the berm's higher. Perreault: Any other comments? McCarvel: Madam Chair? Meridian Planning & Zoning Commission April 18, 2019 Page 70 of 75 Perreault: Commissioner McCarvel. McCarvel: If there is no other comments, I would be willing to make the motion. Perreault: Please do. McCarvel: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of File No. H-2019-0013 as presented in the staff report for the hearing date of April 18th, 2019, with the following suggestions, that there are larger buffer berms to buffer along the future Highway 16, that the applicant work with staff and parks for a better, more complete pathway system and potentially connecting to The Oaks and also work with staff for appropriate parking around the pool. Did I miss one? Perreault: Yes. A.1.D. McCarvel: Oh, yeah. Fitzgerald: There is a couple other ones that are -- McCarvel: Okay. Fitzgerald: On the timing. McCarvel: Oh. Yeah. That A.1.B be included as written in the staff report. That the changes as presented in the staff report this evening are okay. Is it A.1.B, C -- I think we addressed the -- yeah. That we are recommending that they need to work with that to that make that -- because it's future. Fitzgerald: Second. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: One more request we received from the applicant was a waiver for connection to sewer-water for the homes remaining on the ITD right of way -- future right of way. Do we need to include that in our motion? McCarvel: I would be in agreement with that waiver. Fitzgerald: The second will agree with that, too. Parsons: Madam Chair, before you -- you vote on the motion, I just want some clarification. We always like the word larger, but we don't know what larger means, so when you say you want a larger buffer around, do you mean you want it 12 feet tall? Do Meridian Planning & Zoning Commission April 18, 2019 Page 71 of 75 you want it 15 feet tall? Do you -- code says ten. So, put a number on it. It would help us. And, then, also we heard you talking about the micro path connection just south of the quarter mile -- yeah. Did you want a micro path connection? Excuse me. I'm right- handed, but I'm using my left hand. Did you want a micro path connection to go through here to have -- have that straight connectivity going through for the -- didn't spend a lot of time discussing it, but I didn't see where you actually required a connection to happen. Fitzgerald: Madam Chair, that would be my suggestion, would be somewhere in the reconfiguration of those lots. Perreault: Commissioner Fitzgerald, can you read the lot numbers on that? Because I can't. Maybe that would be helpful. Fitzgerald: No. Perreault: That might give more clarity to the location. Fitzgerald: Oh, man. I don't think I can. Perreault: Maybe staff could blow it up and let us know what those lot numbers are. Parsons: Well, we certainly can do that for you, but I think the intent is that you -- wanted to break up in that block length there between -- as long as it's a more direct route I think that was the intent that the Commission was looking for. Perreault: That being said, actually, I did want to quickly address the parking spaces. I live in a community with 350 homes and there are a lot of people that drive to the pool, so -- I know you had mentioned in the motion parking spaces. Should we clarify an amount of parking spaces we are expecting? Is that helpful, Bill? Or necessary I should say? Okay. Parsons: Yeah. Madam Chair, Members of the Commission, if that's something that's important to the Commission that you want included, then, yeah, certainly. Code is only going to require what the square footage of the structure that they are going to construct on it, so it's one per 500 square feet, so if it's a structure 500 square feet, code is only going to require one parking stall. So, if you want eight or ten parking stalls, then, include that in your motion and we will make sure to capture that with the certificate of zoning compliance application. Perreault: By structure you mean the -- Parsons: The changing rooms. Perreault: -- the changing rooms? Parsons: Okay. Meridian Planning & Zoning Commission April 18, 2019 Page 72 of 75 Cassinelli: Are you looking to me for a number? I would say probably eight. McCarvel: And how high do you want the buffer? What did you say, the regular is ten? Perreault: Six foot fence and four foot berm is what -- is proposed; correct? Cassinelli: Twelve. Fitzgerald: Twelve foot berm or 12 foot total? Cassinelli: Twelve foot total. Perreault: There would be some interesting lawn mowing if the berm -- McCarvel: Okay. A 12 foot berm and eight parking spots. Perreault: Unfortunately, Commissioner McCarvel, would you mind repeating the motion? McCarvel: Yes, I would. Holland: Madam Chair? Cassinelli: You can just amend it to include those items; right? Holland: Madam Chair, one more comment before we -- Perreault: Commissioner Holland. Holland: -- go back into a remotioning. McCarvel: Which Commissioner Holland is going to do. Holland: I'm happy to make an attempt at it. If we do eight parking stalls is -- that might affect their open space amenities -- or calculations a little bit. I don't know if it puts them below what they need to be or if they were already okay, but that's just another consideration. I always hate putting asphalt where you have got green space. And one other comment. I believe that not -- since we have got a motion and a second, we probably have to vote on that before we make a different motion, whether we -- Fitzgerald: I can retract that. McCarvel: I withdraw my motion. Holland: Any thoughts? Are we still okay with eight parking stalls? Just leave it there? Meridian Planning & Zoning Commission April 18, 2019 Page 73 of 75 Cassinelli: I threw that number out. There is on-street parking right in front there, too. Perreault: That's what I was looking at, is I mean -- I mean these are -- I don't know how wide the streets are exactly, but there might be some on-street parking in that -- in the front area with the pathway up there. So, maybe five or six. Cassinelli: I would be okay with that. Perreault: Okay. Fitzgerald: Yeah. Six would probably be better. Perreault: I agree. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: If everyone's okay I will take an attempt at it. Perreault: Please do. Holland: After considering all staff, applicant, and public testimony, I moved to recommend approval to City Council of File No. H-2019-0013, as presenting in the staff report for the hearing date of April 18th, 2019, with the following modifications: That we modify number A.1.B to allow the developer to construct the mid mile collector street from McMillan to the north boundary of the school property to the south in the timing of the second phase or the substantial completion of Owyhee High School, consistent with Ada -- West Ada School District's construction timeline and that the applicant would submit a letter of intent from the school district for that timeline that's consistent with the change. That we would also modify number A.1.C to do something similar where the developer would construct pedestrian walkways along the second phase or at the time substantial completion to the Owyhee High School and that they would have that letter that would represent that from the school district, that the applicant would work with our Parks Department to enhance the -- or to establish a plan for the multi-use pathway and where it needs to connect to fit in with the pathways master plan. We would also add an additional pathway that would connect through block number four from the north to the south. That A.3.H -- that the applicant could construct the sidewalk along McDermott with the last phase of development, consistent with ACHD's condition and that we would create a 12 foot requirement for the berm on the east portion of the boundary of the development. That we would also have a requirement of six minimum stalls for the pool area. I think I got it all. Oh. And also that we would allow the waiver for the connection to the sewer-water for the homes remaining in the ITD future right of way. Meridian Planning & Zoning Commission April 18, 2019 Page 74 of 75 Perreault: Just for clarification on A.3.G, are you making a modification to that or that's what -- what's -- that is what is in the staff report? Are you modifying that or are we leaving it in that they are going to be required to put the pathway in according to the master plan? Holland: My comment would be that they would work with the Parks to -- Parks Department to establish what would make most sense for their future master plan, that they would work with them on that plan. Perreault: Okay. Fitzgerald: Second. McCarvel: Second. Perreault: It has been moved and seconded to approve file number H-2019-0013 with the stated modifications. All those in favor say aye. None opposed. Motion carries. Thank you. MOTION CARRIED: SIX AYES. ONE ABSENT. Perreault: Could I get one more motion? Parsons: Madam Chair? Perreault: Oh. Parsons: Sorry. Before we -- Perreault: Oh, that's right. Parsons: Before we adjourn this evening I just want to remind the Commission that July 4th falls on a Thursday, so we are trying to get our calendars organized so that we determine whether or not we can cancel that meeting or schedule a special meeting. So, if you wouldn't mind checking your calendars and giving me some feedback at your earliest convenience, so I can work with the clerk's office and we can make sure that we don't create too big of a window between our Planning and Zoning Commission hearings. We can either do July 3rd as a special meeting or push it to the next week and, then, do back-to-back P&Z hearings in July. I will leave it up to you to communicate that to me by e-mail by the end of next week if you wouldn't mind. Thank you. Perreault: So, you don't need a decision from us this evening? Okay. Thank you. Holland: Madam Chair? Perreault: Commissioner Holland. Meridian Planning & Zoning Commission April 18, 2019 Page 75 of 75 Holland: I move we close the public hearing for -- I don't remember the date -- April 18th of 2019. Cassinelli: Second. Fitzgerald: Does that mean adjournment? Holland: Adjourn. Sorry. Getting to late. Cassinelli: Second. Holland: I move we adjourn the Planning and Zoning Commission meeting. Perreault: I apologize. Prior to us voting, let me clarify when I was stating the vote for the last application I had stated that the date was April 4th. It is April 18th. So, just give that clarification. Okay. So, all those in favor of closing the public hearing. Fitzgerald: Do we also adjourn? Perreault: Oh, I'm sorry. Yes, we can adjourn. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 9:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS. ) APPROVED _____________________________________ _____|_____|_____ JESSICA PERREAULT - CHAIRMAN DATE APPROVED ATTEST: _____________________________________ C. JAY COLES - CITY CLERK Meridian Planning & Zoning Commission April 18, 2019 Page 75 of 75 Holland: I move we close the public hearing for -- I don't remember the date -- April 18th of 2019. Cassinelli: Second. Fitzgerald: Does that mean adjournment? Holland: Adjourn. Sorry. Getting to late. Cassinelli: Second. Holland: I move we adjourn the Planning and Zoning Commission meeting. Perreault: I apologize. Prior to us voting, let me clarify when I was stating the vote for the last application I had stated that the date was April 4th. It is April 18th. So, just give that clarification. Okay. So, all those in favor of closing the public hearing. Fitzgerald: Do we also adjourn? Perreault: Oh, I'm sorry. Yes, we can adjourn. MOTION CARRIED: SIX AYES. ONE ABSENT. MEETING ADJOURNED AT 9:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) PROVED ,JSS A ERREAULT - CHAI Go ° AbDATE APPROVED ATT T: W E IDIgIV� 4 X0,4"0 h ' Jo - rim CITY ER AL �' EIDIAN,! DAHO PLANNING AND ZONING COMMISSION MEETING AGENDA April 18, 2019 Agenda Item Number: 3 A Project File Name/Number: Item Title: Approve Minutes of April 4, 2019, Planning and Zoning Commission Meeting Meeting Notes: u� APPROVED I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of April 4, 2019 P lanning and Zoning C ommission M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 4/8/2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 3 of 118 Meridian Planning & Zoning Commission April 4, 2019 Page 11 of 11 MOTION CARRIED: FOUR AYES. THREE ABSENT. Perreault: Can I get one more motion this evening? Holland: Want this one? Seal: Go ahead. Holland: Madam Chair? Perreault: Commissioner Holland. Holland: I move we adjourn the Planning and Zoning Commission meeting for April 4th, 2019. Olsen: Second. Perreault: It has been moved and seconded to adjourn the Planning and Zoning hearing for April 4th, 2019. All those in favor say aye. Motion carries. MEETING ADJOURNED AT 6:22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) 4X W J SICA R EAULT - CHAIRMAN 044O�P,Sep AUGUsr, l�3 V � �i fI1 G�� (� ! W Lrf 14 18 1 19 DATE APPROVED L��E IDIAN*,----,IZ I DAHJ PLANNING AND ZONING COMMISSION MEETING AGENDA April 18, 2019 Agenda Item Number: 3 B Project File Name/Number: Item Title: Findings of Fact, Conclusions of Law for Real Life Church (H-2019-0004) By Real Life Church. Located at 1098 N. Hickory Ave Meeting Notes: rte✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Real Life C hurch (H-2019-0004) by Real L ife C hurch, L ocated at 1098 N. Hickory Ave. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 4/9/2019 E xhibit A E xhibit 4/9/2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 15 of 118 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Church and Daycare Center on 0.68 Acres of Land in the I-L zoning district, Located at 1098 N. Hickory Ave., by Real Life Ministries. Case No(s). H-2019-0004 For the Planning & Zoning Commission Hearing Date of: April 4, 2019 (Findings on April 18, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 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 Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda April 18, 2019 – Page 16 of 118 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of April 4, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for CUP is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 4, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of April 4, 2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 17 of 118 By action of the Planning & Zoning Commission at its regular meeting held on the 8 day of Orl � , 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER RHONDA MCCARVEL COMMISSIONER ANDREW SEAL COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER REID OLSEN ssica reault, Chairman 1 : G0 ATEDALCLST Attest: j �p City of �w Dq HO Spw �a EAsu Q"y�v VOTED\IP—OI. VOTED eO�- VOTED ZGL VOTED VOTED tC�. VOTED \ 2Ct- VOTED Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: oNjlag ��� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 3 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day of ________________, 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN VOTED_______ COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED_______ COMMISSIONER RHONDA MCCARVEL VOTED_______ COMMISSIONER ANDREW SEAL VOTED_______ COMMISSIONER LISA HOLLAND VOTED_______ COMMISSIONER WILLIAM CASSINELLI VOTED_______ COMMISSIONER REID OLSEN VOTED_______ _____________________________ Jessica Perreault, Chairman Attest: __________________________________ C.Jay Coles, City Clerk Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: __________________________________ Dated: ___________________________________ City Clerk’s Office Meridian City Council Meeting Agenda April 18, 2019 – Page 18 of 118 EXHIBIT A Page 1 HEARING DATE: 4/4/2019 (Continued from February 21, 2019) TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0004 Real Life Church LOCATION: 1098 N. Hickory Ave., in the NE ¼ of Section 8, Township 3N., Range 1E. I. PROJECT DESCRIPTION A conditional use permit for an approximately 7,500 square-foot church and ancillary daycare center on 0.68 acres of land in the I-L zoning district as required by UDC Table 11- 2C-2. The facility is already constructed, the applicant is proposing to use the facility as a church on Sundays and an ancillary daycare center for up to 54 children, six hours a day Monday-Friday. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.68 Future Land Use Designation Industrial Existing Land Use Multi-tenant office space Proposed Land Use(s) Church and ancillary daycare Current Zoning I-L Neighborhood meeting date; # of attendees: December 22, 2018; no attendees History (previous approvals) Annexed in 1982 (Upland Industries); PP & FP for Treasure Valley Business Center in 1984; Gemtone Center CUP/PUD in 1991; CZC-07-034 for construction of Pleasant Valley Office Building Meridian City Council Meeting Agenda April 18, 2019 – Page 19 of 118 EXHIBIT A Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no)  Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via N. Hickory Ave (Collector) Fire Service  Distance to Fire Station  Fire Response Time  Resource Reliability  Risk Identification  Accessibility Concern regarding parking, potential for drive aisles to be blocked if parking is at capacity.  Special/resource needs  Water Supply  Other Resources Police Service No Comment West Ada School District  Distance (elem, ms, hs)  Capacity of Schools  # of Students Enrolled Wastewater  Distance to Sewer Services 0’  Sewer Shed Five Mile  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.52 MGD  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0’  Pressure Zone 3  Estimated Project Water ERU’s See application  Water Quality Concerns No concerns  Project Consistent with Water Master Plan Yes  Impacts/Concerns No new water main proposed; no concerns  Meridian City Council Meeting Agenda April 18, 2019 – Page 20 of 118 EXHIBIT A Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Justin Jordan, Real Life Church 35 E. Fairview Ave. Meridian, Idaho 83642 B. Owner: Pleasant Valley Limited Partnership PO Box 5405 Boise, Idaho 83705 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 18, 2019 – Page 21 of 118 EXHIBIT A Page 4 C. Representative: Jeremy Putnam, neUdesign Architecture 725 E. 2nd Street Meridian, Idaho 83642 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Radius notification published on 2/8/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The applicant requests a conditional use permit to operate a church and ancillary daycare center in the I-L zoning district as required by UDC Table 11-2C-2. A conditional use permit is required for a church or place of worship use, subject to specific use standards listed below. A daycare center is permitted as an ancillary use to a church use and is subject to specific use standards as listed below, daycare centers are also allowed as an accessory use in the I-L zoning district. This property is located within a subdivision that was annexed and zoned into the City as part of the Upland Industries project in 1982, a preliminary plat and final plat were approved in 1984. In 1991 the Gemtone Center conditional use permit (CUP) or planned development - general (PD-G) was approved; the agreement allows for a mix of uses and services, including residential, industrial and commercial. A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking and biking distance of residential dwellings ” (2.01.01C) The applicant’s proposed daycare use will be within walking distance to future multi- and single-family residential approved with the Pine 43 project. B. Existing Structures/Site Improvements: The applicant is proposing to use both suites within an existing multi-tenant office building. C. Proposed Use Analysis: The applicant proposes to operate the church use (Real Life Ministries) with two (2) services on Sunday mornings from 8 AM-1 PM. The daycare is proposed to accommodate a maximum of 54 students and will operate Monday-Friday from 9:30 AM-3:30 PM. The applicant presently holds services at their current location with an attendance of 100 adults and 50 children, they plan to accommodate more parishioners with 200 seats planned at the proposed location. D. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in: UDC 11-4-3-6, Church or Place of Religious Worship: Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the Meridian City Council Meeting Agenda April 18, 2019 – Page 22 of 118 EXHIBIT A Page 5 church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) AND, UDC 11-4-3-9, Daycare Facility: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing to care for a maximum of 54 children, classifying it as a daycare center. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The applicant is proposing to use the existing drive aisle and parking lot for student drop-off and pick-up. There are 31 existing parking spaces on the site, which exceeds UDC requirements for the I-L zoning district (one [1] parking space per 2,000 square feet). However, staff believes that the applicant should provide additional parking on site to accommodate the number of vehicles associated with the projected enrollment. Further analysis in Section G below. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant shall coordinate with the Meridian Fire Department and the State of Idaho and Department of Health and Welfare on this requirement. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. This requirement does not apply to the subject application. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. This requirement does not apply to the subject application. Although, the applicant did conduct a neighborhood meeting and notified property owners within three-hundred feet (300’) in accord with the requirements for the CUP request. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall Meridian City Council Meeting Agenda April 18, 2019 – Page 23 of 118 EXHIBIT A Page 6 comply with this requirement. The proposed daycare will be located in a commercial and industrial area where there are no City parks, schools, or available public open space for children to recreate in. The only available area for children to play in is located at the east part of the site. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D- 8B of this title. This requirement does not apply as the subject application is in an industrial district. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. (Ord. 18-1773, 4-24-2018) This requirement does not apply as the subject application is in an industrial district. E. Dimensional Standards (UDC 11-2): See UDC Table 11-2C-3 (Dimensional Standards in Industrial Districts) F. Parking (UDC 11-3C): Per UDC Table 11-3C-6B.2, a minimum of four (4) off-street parking spaces are required to be provided; a total of 31 spaces are proposed in excess of UDC requirements. The applicant has received approval from ACHD to allow for on-street parking along N. Hickory Ave during the weekends to accommodate Sunday morning services. Additionally, the applicant has applied for alternative compliance (analysis below) to utilize shared parking with three (3) properties in the vicinity of the subject property. Two (2) of the parking areas are located to the north at 1346 N. Hickory Ave. and 1450 N. Hickory Ave.; the third shared option is located to the south at 1020 N. Hickory Ave. (see Exhibit VII.B). All three (3) options are accompanied by agreements entered into by the property management representative and the applicant. The allotted time for shared parking is to accommodate church service parking on Sundays from 9 AM-12:30 PM. The shared parking arrangements and on-street parking along N. Hickory Ave. are not intended to be used for the ancillary daycare center throughout the week. Although the number of existing parking spaces exceeds UDC standards and the applicant has shared use agreements and on-street parking available on Sundays, staff recommends the applicant locate additional parking in closer proximity to the subject property. Staff believes that a permanent parking solution for the anticipated volume of parishioners and students be constructed as the shared use agreements can be cancelled at any time. The owner of the subject property also owns the undeveloped parcel to the south which is partially developed with a shared driveway (1070 N. Hickory Ave., parcel #R3073780700). Staff has concerns that patrons of the church could park in the unimproved area creating code enforcement issues for the church. Staff recommends that the applicant improve the parking lot in accord with UDC Table UDC 11-3C-5 and landscape the new parking area in accord with UDC 11-3B-8C. If this parking area is improved as recommended by staff, staff is amenable with the shared parking plan with the adjacent business owners. Meridian City Council Meeting Agenda April 18, 2019 – Page 24 of 118 EXHIBIT A Page 7 G. Alternative Compliance (ALT) (UDC 11-5B-5): The applicant has applied for Alternative Compliance as set forth in UDC 11-5B-5 to parking requirements (UDC 11-3C-6) regarding the number of parking spaces needed based on the anticipated attendance of the church and daycare. The subject site currently has a total of 31 spaces, which is in excess of the UDC requirements for I-L zoned properties (four [4] required). However, since the site is anticipated to accommodate two-hundred (200) parishioners on Sundays and approximately 50 students during the day throughout the week, additional parking spaces should be required. The applicant’s narrative projects that 80 adults and 40 kids, plus teachers and volunteers will attend the first Sunday service; 120 adults and 60 kids, plus teachers and volunteers are projected to attend the second Sunday service. The applicant anticipates that 60 vehicles will need parking for Sunday morning services. Shared parking agreements have been coordinated with two (2) properties to the north and one (1) property to the south (see Exhibit VII.B). Additionally, ACHD has approved on-street parking along N. Hickory Ave. on weekends. Each of the shared parking lot is an approximately 200-foot walk, which may cause some parishioners to be tempted to utilize the dirt lot that is currently located to the south of the subject site. The parking agreements are subject to the terms reached between the applicant and the property owners, are to be used during Sundays from 9 AM-12:30 PM, and can be terminated at any time. Although staff believes the alternative off-site parking and on-street parking are helpful options and could be utilized by those willing and able to walk, staff recommends improvements are made to the lot to the south to accommodate additional on-site parking as noted above. Staff has reviewed the Parking Standard Alternatives in UDC 11-3C-7 in determining the applicability of the alternative compliance request for the subject application. The shared use proposed complies with the requirements of UDC 11-3C-7A: there are convenient pedestrian connections between the shared parking arrangements with sidewalks available along N. Hickory Ave.; the properties are within 1,000’ of one another; the principal operating hours of operation and use are not in conflict with one another; and the applicant shall be required to provide directional signage to indicate the availability of parking. The applicant has complied with the requirements of UDC 11-3C-7B and has submitted each of the shared use parking arrangements. H. Access (UDC 11-3A-3): One (1) access is proposed via N. Hickory Ave. (collector). Staff is recommending the applicant expand the parking lot to the south, if this recommendation is approved, the applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). I. Sidewalks (UDC 11-3A-17): Five-foot sidewalks exist along N. Hickory Ave. There is not currently a pedestrian walkway leading from N. Hickory Ave. to the entrance of the building. If the applicant is permitted to utilize shared parking to the north and south of the subject site, staff recommends a pathway is constructed. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. J. Landscaping (UDC 11-3B): Parking lot and perimeter landscaping was completed with the previous certificate of zoning compliance (CZC) for the construction of the Pleasant Valley Office Building (CZC-07-034). If parking is expanded to the south, as recommended by staff, parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C and in accord with Comprehensive Plan action item Meridian City Council Meeting Agenda April 18, 2019 – Page 25 of 118 EXHIBIT A Page 8 #2.01.04B, “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques.” K. Fencing (UDC 11-3A-6, 11-3A-7): Fencing proposed on the site shall comply with the standards listed in UDC 11-3A-7 and UDC 11-3A-14. A detail of any proposed fencing shall be submitted with the CZC and DES application. If the applicant chooses to incorporate an outdoor play area for students, fencing shall be required in accord with UDC 11-4-3-9. L. Certificate of Zoning Compliance (CZC) and Design Review (DES) If approved, the applicant will be required to amend the current CZC approval to establish the use of a daycare center on the site to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. If the Commission requires improvements be made to the parking lot to the south, the applicant will also be required to submit an application for DES concurrent with the CZC application in accord with UDC 11-5B-8. M. Utilities (UDC 11-3A-21): This site is already serviced by City sanitary sewer, domestic water, refuse disposal, and irrigation; these services were provided to this property with development of the site. VI. DECISION A. Staff: Staff finds the proposed project complies with the applicable policies of the Comprehensive Plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP application. B. Commission: The Meridian Planning and Zoning Commission heard and continued this item on February 21, 2019 and heard the item again on April 4, 2019. At the April 4th public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Justin Jordan, applicant; Matt McAnulty, applicant representative; ii. In opposition: James Boyd (Feb. 21st hearing); Sam Johnson (Feb. 21st hearing); no opposition for April 4th hearing iii. Commenting: Justin Jordan, applicant; Matt McAnulty, applicant representative; iv. Written testimony: James Boyd v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key Issues of Public Testimony: i. Availability of parking, longevity of shared parking agreements with surrounding properties (Feb. 21st) c. Key Issues of Discussion by Commission: i. Lack of parking available on-site for the number of anticipated parishioners on Sundays and temporary nature of shared parking agreements (Feb. 21st) ii. Lack of outdoor play space for daycare use (Feb. 21st) iii. Revised site plan with additional parking spaces for church and daycare use (April 4th). Meridian City Council Meeting Agenda April 18, 2019 – Page 26 of 118 EXHIBIT A Page 9 iv. Future outdoor play area for daycare (April 4th). d. Key Commission Changes to Staff Recommendation: i. None. VII. EXHIBITS A. Site Plan (date: 1/10/2019) Meridian City Council Meeting Agenda April 18, 2019 – Page 27 of 118 EXHIBIT A Page 10 B. Shared Parking Agreement Locations Subject Property Meridian City Council Meeting Agenda April 18, 2019 – Page 28 of 118 EXHIBIT A Page 11 C. Revised Site Plan Meridian City Council Meeting Agenda April 18, 2019 – Page 29 of 118 EXHIBIT A Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions 1.1.1 The applicant shall comply with all conditions of previous approvals (Gemtone CUP/PD-G; CZC-07-034). 1.1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-6, Church or Place of Religious Worship and UDC 11-4-3-9, Daycare Facility. 1.1.3 The site plan, included in Exhibit VII.A, dated January 10, 2019 shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. The applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). 1.1.4. The landscape plan included in Exhibit VII.B, dated December 2018, shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. A detail of any fencing and/or outdoor playground equipment proposed shall be submitted with the CZC and DES application. 1.1.5 Development of this site shall substantially comply with the site plan and landscape plan included in Exhibit VII and the conditions of approval in this report. 1.1.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout prior to submittal of a building permit application. 1.1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.1.8 The applicant shall have a maximum of two (2) years to commence the church and ancillary daycare uses as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B- 6F. 1.1.9 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.1.10 The applicant shall coordinate with the Meridian Building Division (208-887-2211) regarding any building permit requirements. 1.1.11 Alternative compliance is approved for the shared parking agreements. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.13 All signage for the property is subject to the standards set forth in UDC 11-3D. 2. PUBLIC WORKS DEPARTMENT Meridian City Council Meeting Agenda April 18, 2019 – Page 30 of 118 EXHIBIT A Page 13 No comments on the subject application as services are existing. 3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160624/Page1.aspx 4. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161518/Page1.aspx 5. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160818/Page1.aspx IX. FINDINGS CONDITIONAL USE PERMIT: The Commission shall base its determination on the conditional use permit request on the following: a. 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. Commission finds that the site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the I-L zoning district and the specific use standards listed in UDC 11-4-3-9, Church or Place of Religious Worship and 11-4-3-9, Daycare Facility. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Industrial for this site; additionally, the Planned Development, General agreement specifically allows for industrial, commercial, and residential uses within this subdivision. c. 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. Commission finds that the general construction, operation and maintenance of the church and daycare facility should be compatible with the surrounding commercial and industrial uses in the vicinity. Commission feels that the applicant should provide adequate parking to prevent causing parking issues with other properties in the area. Commission finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Commission finds that the proposed development should not adversely affect other property in the vicinity if adequate on-site parking is provided and utilized by patrons of the church and clients of the daycare. If approved, conditions of approval are included in Exhibit VIII of this staff report to ensure the proposed use will not adversely affect other properties in the vicinity. Meridian City Council Meeting Agenda April 18, 2019 – Page 31 of 118 EXHIBIT A Page 14 e. 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. Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation were provided to this property with development of the subdivision; services will be extended to the proposed building by the developer. Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. 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. If approved, the applicant will be financing any improvements required for development. Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. 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. Commission finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding area. h. 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. Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance in this area. Alternative Compliance Findings: In order to grant approval for alternative compliance, the Director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence or application of the requirements is feasible; however, the applicant desires to utilize shared parking with properties in the vicinity of the subject property and has secured written authorization to do so. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance could provide an equal means for meeting the parking requirements if the applicant were to provide additional parking to the south in addition to the shared use agreements and on-street parking available on Sundays. If the applicant continues to work with ACHD, secures parking from adjacent property owners and improve the lot to the south, the applicant will be meeting the intent of UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare but could impair the use/character of the surrounding properties by eliminating on-street parking or causing patrons of the subject property to park in unimproved dirt lots or properties in closer proximity. Meridian City Council Meeting Agenda April 18, 2019 – Page 32 of 118 (�QE IDIAN*,---- PLANNING AND ZONING COMMISSION MEETING AGENDA April 18, 2019 Agenda Item Number: 4 A Project File Name/Number: H-2019-0004 Item Title: Public Hearing Continued from March 21, 2019 for Pollard Subdivision By Brighton Investments, LLC. Located NE Corner of SH -16 and W. Chinden Blvd. Request: Annexation and Zoning of 77.33 acres of land with R-8 (21.95 acres) and C -G (55.38 acres) zoning districts; and, Request: a Preliminary Plat consisting of 75 building lots, 7 common lots and 4 other lots on 71.3 acres of land in the R-8 and C -G zoning Districts Meeting Notes: 9 APPROM I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from M arch 21, 2019 for P ollard S ubdivision (H-2019- 0021) by Brighton Investments, L L C, L ocated NE C orner of S H-16 and W. Chinden Blvd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing AT TAC HM E NT S: Description Type Upload D ate Revised S taff Report Cover Memo 4/15/2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 33 of 118 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 4/18/2019 Hearing Type: PZ Item Number: 4-A Project Name: Pollard Subdivision Project No.: H-2019-0021 Active: ❑ Page 1 of 2 Signature City -State- I Wish To Sign In Address For Against Neutral Name Zip Testify Date/Time David 6675 n Meridian 4/18/2019 X X Dorrough pollard lane idaho 83646 5:54:30 PM Delynn 2412 n lark 4/18/2019 Meridian X searle ave 5:56:57 PM Lucretia Nampa 4/18/2019 614 11 ave n X X wilson idaho 83687 5:57:10 PM Keith 6675 N Boise ID 4/18/2019 X X McGregor Pollard Ln. 83646 5:58:00 PM Karen J 6675 Pollard Meridian 4/18/2019 X X Garcia Lane Idaho 5:58:12 PM Tamela D 3646 W Meridian, ID 4/18/2019 X X Paxman Balducci St. 83646 5:59:21 PM 3646 W Meridian, ID 4/18/2019 JayPaxman X X Balducci St 83646 5:59:51 PM Jacob 2345 W. Meridian, ID 4/18/2019 X X Thomas Columbia Rd. 83642 6:01:44 PM Denise 6706 N Salvia Meridian, 4/18/2019 X X LaFever Way ID. 83646 6:02:12 PM RubyAnn 475 Eagle Id 4/18/2019 X VanRoekel PollardAve 83616 6:06:15 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=217 4/19/2019 City of Meridian - Public Hearing Sign In Form Tools Go Back To List Export To Excel © 2019 - City of Meridian, Idaho Page 2 of 2 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=217 4/19/2019 Changes to Agenda: None Item #4A: Pollard Subdivision (H-2019.0021) Application(s): ➢ Annexation and zoning ➢ Preliminary Plat This project was continued from the March 21s' meeting in order for the Commission to have adequate time to review the ACHD report and for the Applicant to submit a revised concept plan consistent with the bulleted items in Section Vlll of the staff report. Size of property, existing zoning, and location: This site consists of 71.3 acres of land, zoned RUT in Ada County, located on the north side of W. Chinden Blvd/SH-20/26. Adjacent Land Use & Zoning: North: Rural residential homes, zoned RUT East: Future SFR homes, zoned R-8 South: W. Chinden Blvd., SFR homes, ag land, and a landscape nursery, zoned RUT West: Stud Sensors (light industry), zoned M1 History: None Comprehensive Plan FLUM Designation: MDR (3-8 units/acre); MU -I; MU -C Summary of Request: The Applicant requests annexation and zoning of 77.33 acres of land with R-8 (21.95 acres) and C -G (55.38 acres) zoning districts consistent with the associated FLUM designations. A conceptual site plan was submitted as shown. The proposed development will be anchored by a medical campus consisting of a 95K square foot (s.f.) medical office building which will eventually include a surgical center, free-standing emergency department and a 50 -bed hospital. Four (4) 48K s.f. professional office buildings, (2) buildings with 72K s.f. of "flex" office space which is also anticipated to house a police substation, retail with a convenience store, multi -tenant retail/office, a health club, (34) conventional single-family residential homes, (40) single-family residential independent living homes, and an 88 -bed assisted living facility. A preliminary Plat is proposed consisting of 75 building lots, 7 common lots & 4 other lots consisting of 2 private streets, 1 common driveway and 1 future ROW lot on 71.3 acres of land. The plat is proposed to develop in 3 phases as shown on the phasing plan. One full access is proposed via Levi Ln., a collector street from SH -20/26; a traffic signal with an emergency vehicle pre-emption will be required at the Levi/SH-20/26 intersection. An east/west collector street (Waverton Dr.) will provide access from the east via Black Cat Rd. through Fairbourne Subdivision and will intersect w/Levi Ln in accord with the MSM and extend to the west to Pollard Ln. providing access to the Franklin Sensors property and the rural residential properties to the north on the rim and will serve as a backage road providing access to all properties fronting the state highway in this area. This street will replace the east/west street that lies 530+1--' to the south of the proposed location that currently aligns with the driveway into the Franklin Sensors property — this neighbor is against the proposed relocation of the street to the north. Two (2) private stub streets (Schwenkfelder & Restucci Lanes) are proposed to the north boundary for access to the rural residential properties from Old School Ln. to the north and/or for future access to those properties upon redevelopment; staff & ACHD are requiring these 2 stub streets are public & not private. Pollard Ln. abutting the west boundary of the site north of the existing driveway to the Franklin Sensors property is required to be improved as % of a 40' street section w/curb, gutter & sidewalk. A 35' wide street buffer is required along SH -20/26 with a 10' wide multi -use pathway. A 25' wide landscaped buffer to adjoining residential uses is required along the east boundary of the commercial portion of the site. Qualified open space & site amenities are proposed within the residential portion of the development in accord with UDC standards. A pedestrian circulation plan was submitted that provides for pedestrian interconnectivity within the site and to the main building entrances in the commercial development, Public plaza areas are also depicted on the plan as required in Mixed Use designated areas; staff recommends more central, connected plaza/outdoor gathering areas are planned adjacent to buildings with development of each commercial area — those depicted on the site plan do not all qualify toward the minimum requirements. Conceptual building elevations were submitted for the hospital, medical office building, flex -tech buildings, assisted living facility and SFR attached/detached homes. Written Testimony: Mike Wardle, Brighton Corp (response to the staff report) Page 1 HEARING DATE: April 18, 2019 (Continued from: March 21, 2019) TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0021 Pollard Subdivision (aka Central Valley Plaza) LOCATION: Off the northeast corner of SH-16 and W. Chinden Blvd., in the SW ¼ of Section 21, T.4N., R.1W. I. PROJECT DESCRIPTION Annexation and zoning of 77.33 acres of land with R-8 (21.95 acres) an C-G (55.38 acres) zoning districts; and Preliminary plat consisting of (75) building lots, (7) common lots and (4) other lots on 71.3 acres of land in the R-8 and C-G zoning districts for Pollard Subdivision. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 71.3 Future Land Use Designation MDR, MU-C and MU-I Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Mixed-use medical/professional, retail/commercial and residential Current Zoning RUT in Ada County Proposed Zoning R-8 and C-G Lots (# and type; bldg/common) 75 building/7 common/3 private common driveways Phasing plan (# of phases) Yes; 3 phases Number of Residential Units (type of units) 74 SFR units (and 88 beds in an assisted living facilty) Density (gross & net) 3.4 gross/5.19 net Meridian City Council Meeting Agenda April 18, 2019 – Page 34 of 118 Page 2 B. Community Metrics Open Space (acres, total [%] / buffer / qualified) 2.74 acres (12.6%) (residential only) Amenities 10’ wide multi-use pathway, children’s play structure Physical Features (waterways, hazards, flood plain, hillside) An irrigation ditch runs along the southern boundary of this site; this site is not within the floodplain. Neighborhood meeting date; # of attendees: December 18, 2018; 9 attendees History (previous approvals) None Description Details Page Ada County Highway District  Staff report (yes/no) No Yes  Requires ACHD Commission Action (yes/no) Yes; scheduled for April 310, 2019 Note: Franklin Sensors (the business on the adjacent property to the west) does not want the east/west collector street to be relocated further to the north. Fire Service  Distance to Fire Station 2.5 miles from Fire Station #5  Fire Response Time 5 minutes under ideal conditions  Resource Reliability 77% from Fire Station #5 – does not meet the target goal of 85% or greater  Risk Identification 4 – Current resources would not be adequate to supply service to this project (see comments in Section VII.C  Accessibility Project does not meet all required access, road widths and turnarounds; roadways needs to be 26’ wide for ladder truck access  Special/resource needs An aerial device is required; the closest truck company is 15 minutes travel time (under ideal conditions) – Fire Dept. can’t meet this need in the required timeframe.  Water Supply Requires 2,250 gallons per minute for 2 hours  Other Resources NA Police Service  Distance to Police Station 9 miles  Police Response Time 5-7 minutes  Calls for Service NA (site is currently in Ada County)  Accessibility No issues with the proposed access  Specialty/resource needs No additional resources are needed at this time; the PD already services the area to the east  Crimes  Crashes Wastewater  Distance to Sewer Services 0  Sewer Shed North McDermott Trunkshed  Estimated Project Sewer ERU’s See application information Meridian City Council Meeting Agenda April 18, 2019 – Page 35 of 118 Page 3  WRRF Declining Balance 13.62  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts/Concerns Although this development falls within the North McDermott Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developers proposal to temporarily pump wastewater to the adjacent Black Cat T runkshed to the East. The permanent Lift Station site, contemplated in the Meridian Wastewater Master Plan, is located north of the subject development and on the west side of N. Pollard Lane. However, the developer is proposing to locate the Lift Station in the northwest corner of the proposed development. The developer shall be required to work out the final design location with the Public Works Department, and deed the necessary land to the city with completion of the station The Lift Station shall be satisfactorily completed and accepted prior to the first occupancy permit being issued within the development. This development shall be required to install the permanent forcemain (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. Water  Distance to Water Services NA  Pressure Zone NA  Estimated Project Water ERU’s See application information  Water Quality NA  Project Consistent with Water Master Plan NA  Impacts/Concerns Water service being provided by Suez Water Idaho . Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. Meridian City Council Meeting Agenda April 18, 2019 – Page 36 of 118 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 B. Owner: Tomlinson Familty Trust – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 18, 2019 – Page 37 of 118 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 3/1/2019 Radius notification mailed to properties within 300 feet 2/26/2019 Public hearing notice sign posted on site 3/6/2019 Nextdoor posting 2/26/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 77.33 acres of land with R-8 (21.95 acres) and C-G (55.38 acres) zoning districts. A conceptual site plan and building elevations were submitted for the development, included in Sections VII.E and F. Proposed Use Analysis: The proposed development will be anchored by a medical campus consisting of a 95K square foot (s.f.) medical office building which will eventually include a surgical center, free -standing emergency department and a 50-bed hospital. Three Four (34) 48K s.f. professional office buildings, (2) buildings with 72K s.f. of “flex” office space which is anticipated to house a police substation, retail with a convenience store, multi-tenant retail/office, a health club, (34) conventional single-family residential homes, (40) single-family residential independent living homes, and an 88-bed assisted living facility. The Allowed Uses table in UDC Table 11-2A-2 for the R-8 zoning district lists single-family residential homes (attached and detached) as a principally permitted use; and a residential care facility as a conditional use subject to the specific use standards listed in UDC 11-4-3-29. The Allowed Uses table in UDC Table 11-2B-2 for the C-G zoning district lists healthcare or social services, professional services, public or quasi-public uses, flex space subject to the specific use standards listed in UDC 11-4-3-18, indoor recreation facility (i.e. health club) subject to the specific use standards listed in UDC 11-4-3-2, and retail as principal permitted uses; and hospitals as a conditional use subject to the specific use standards listed in UDC 11-4-3-22. Per the specific use standards, hospitals providing emergency care are required to have direct access on an arterial street – the access proposed will be via a collector street from SH-20/26 from which access is prohibited except at the half mile between section line roads. The City Council should determine if this meets the intent of the requirement; if so, it should be memorialized in the Development Agreement. Additionally, the specific use standards for flex space prohibit roll-up doors from being visible from a public street; the flex space buildings are proposed to have roll-up doors which will be visible from facing the collector street. As mitigation, the Applicant proposes to construct a berm with landscaping along the street to screen the doors from the street; a perspective drawing should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance. Staff recommends the buildings be relocated so they each front on public streets (i.e. Waverton & Narbeth) or rotate the buildings 90 degrees with the rear of the structures facing each other; or some other alternative that allows compliance. Meridian City Council Meeting Agenda April 18, 2019 – Page 38 of 118 Page 6 Comprehensive Plan (https://www.meridiancity.org/compplan): This property is encompassed by three (3) different Future Land Use Map designations as follows: MDR (35+/- acres), MU-C (18+/- acres), MU-I (16+/- acres). See Future Land Use Map in Section II.C for specific areas of each designation. The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential attached/detached homes at a gross density of 3.4 units/acre and an 88-bed assisted living facility are proposed in this area consistent with the MDR designation. The MU-C (Mixed Use – Community) designation allocates areas where community- servicing uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in MU-N (Mixed-Use Neighborhood) designated areas but not as large as in MU- R (Mixed Use – Regional) designated 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 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Office, flex-office and retail uses are proposed in the MU-C designated area. No residential uses are proposed in the MU-C area on this site; however, medium density residential uses were recently approved on the adjacent 12+/- acres directly to the east which consists of approximately 20% of the overall MU-C area in accord with the Comprehensive Plan. The MU-I (Mixed Use – Interchange) designation calls out areas where construction of future SH-16 interchanges is likely to occur and to acknowledge that this land will have a high degree of visibility. These areas will be served by highway interchange ramps and restricted local access. Uses in this area will need to be compatible with the impacts of a freeway interchange. However, these uses are not intended for high volume retail or uses that are better suited in neighborhood centers or commercial areas. The intention is to protect the immediate vicinity of the interchange from traffic conflicts and shift the high traffic- generating uses away from the immediate vicinity of the interchange. A medical campus, surgical center, hospital and emergency care is proposed within the MU-I designated area consistent with uses desired in MU-I designated areas. Transportation: The Master Street Map (MSM) depicts a planned north/south residential collector street through this site generally from W. Chinden Blvd. to the northeast. The proposed plat depicts a north/south collector street (N. Levi Ave.) from Chinden Blvd. intersecting with an east/west collector street (W. Waverton Dr.) connecting to Fairbourne Subdivision to the east and N. Black Cat Rd., which is generally consistent with the MSM. Land Use: The proposed land use for this site is mixed use medical/professional, hospital, retail/commercial, flex space, public/quasi-public, nursing care facility and residential consistent with the associated FLUM designations. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Meridian City Council Meeting Agenda April 18, 2019 – Page 39 of 118 Page 7  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached homes are proposed within this development some of which will be age restricted 55+ which will provide for a diversity in housing types as desired.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to future office and commercial uses planned to develop on the adjacent property to the south.  “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The MSM depicts a north/south collector roadway across this site providing access from SH- 20/26 to the northeast. The proposed street network is consistent with the MSM.  “Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.D that complies with the minimum UDC standards listed in UDC 11-3G-3.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) access is proposed via W. Chinden Blvd./SH-20/26, a state highway, at the half mile between section line roads as allowed in UDC 11-3H-4B.2. Access points via the proposed collector streets should be limited as set forth in UDC 11-3A-3 to ensure public safety. Staff is of the opinion the proposed accesses shown in Section VII.E are acceptable unless otherwise restricted by the City Council.  “Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) VRT’s long-term plan (ValleyConnect 2.0) does not include any service along W. Chinden Blvd./SH-20/26 in this area.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) A pedestrian circulation plan is included in Section VII.G that depicts pedestrian walkways throughout the development and to adjacent properties for interconnectivity.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD on the proposed access via SH-20/26 and with ACHD on the proposed internal roadways.  “Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) Pedestrian walkways and proposed throughout the development; a multi-use pathway is proposed within the street buffer along SH-20/26; VRT (ValleyConnect 2.0) does not have any plans for bus service along SH-20/26; and bicycle lanes should be provided along collector streets. Meridian City Council Meeting Agenda April 18, 2019 – Page 40 of 118 Page 8 In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff’s analysis in italics) • “Residential densities should be a minimum of six dwellings/acre.” As noted above, no residential uses are proposed on the subject MU-C designated area but residential uses have been approved on the adjacent property to the east. • “Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” This project is adjacent to two (2) state highways – SH-20/26 and SH-16. The proposed development does not include high density and/or multi-family development; 74 medium density residential units and an 88-bed assisted living facility are proposed, which will not provide for the density desired in close proximity to employment destinations such as this. • “A conceptual site plan for the entire mixed-use area should be included in the application.” A conceptual development plan was submitted for the proposed mixed use development, included in Section VII.E. • “In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.” Green space is proposed within the medical campus and in the office portion of the development. A common usable area should be provided for each of these areas as envisioned. The Applicant submitted a revised plan that depicts proposed public plaza areas within the development (see Section VIII.G); 3 of the 4 areas depicted are located adjacent to the main entry/collector roads and/or aren’t centrally located or connected to the area around the adjacent buildings which they’ll serve – Staff recommends more central usable plaza areas are planned for with development of each of the commercial/office areas located in closer proximity to structures away from adjacent collector streets. • “The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development.” The proposed plan depicts office uses as a transition from more intense commercial uses to the planned medium density residential development to the east. A 25-foot wide landscape buffer with a 6-foot all wood fence is proposed along the east boundary of the commercial portion of the site to buffer the future medium density residential uses to the east. (Note: An additional 23-foot wide common lot is proposed adjacent to this buffer on the residential property where the Harrell Lateral is located which will provide additional separation between the residential homes and commercial development.) • “A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis.” The proposed development will at a minimum include commercial retail, office and residential uses as desired. • “Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments.” A hospital and associated medical offices as well as a police substation are proposed within this development. Meridian City Council Meeting Agenda April 18, 2019 – Page 41 of 118 Page 9 • “Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.” The proposed revised site plan does not in Section VII.G incorporate depicts public and/or quasi-public spaces and places; the common area proposed in the residential portion of the development will be owned by the Homeowner’s Association and does not satisfy this requirement. These types of public spaces should be included in the mixed use designated area when it develops in accord with Staff’s comments above. • “All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” The proposed development is directly accessible to the adjacent residential neighborhood to the east and the proposed residential neighborhood on the northern portion of this site via an east /west collector street and existing rural homes on the adjacent properties to the north. Pedestrian walkways are provided along the collector streets within the site. • “Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.” The proposed preliminary plat depicts collector streets consistent with the Master Street Map. • “Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein.” The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications, the following items will be considered in MU-C areas, per the Comprehensive Plan (pgs. 33-34):  “All developments should have a mix of at least three land use types.” The proposed development contains a mix of uses as required (i.e. commercial/retail, healthcare, office, and flex-office).  “Developments should comply with the general guidelines for development in all Mixed Use areas.” See analysis above.  “Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre.” Residential uses (i.e. patio homes) were recently approved to develop on the adjacent property to the east and multi-family apartments are anticipated to develop further to the east within the MU-C area totaling approximately 65% of the overall MU-C designated area; the overall density of the residential area with the apartments should fall within this range.  “Non-residential buildings should be proportional to and blend in with adjacent residential buildings.” The proposed assisted living facility incorporates a hip roof and is a single level similar to proposed adjacent single-family dwellings. The residential portion of the development is separated from the commercial portion by a collector street which Staff feels provides a “break”and doesn’t require the residential and commercial buildings to be “proportional to” and “blend in” with. The 3-story office structure originally proposed near the east boundary of the site adjacent to the future single-level patio homes have been relocated further to the west and will be set back approximately 160’ from the property line which Staff feels is appropriate although Meridian City Council Meeting Agenda April 18, 2019 – Page 42 of 118 Page 10 they will not be proportional nor will they blend in with adjacent residential buildings; therefore, staff recommends the office building is shifted further to the west or to the north next to the street (Narbeth Dr.) to create more of a spatial separation between the uses; or decrease the height of the structure to 2-stories.  “Vertically integrated structures are encouraged.” No vertically integrated structures are proposed.  “Unless a structure contains a mix of both residential and office, or residential and commercial land uses, a maximum building size should be limited to a 30,000 square-foot building footprint.” All of the structures within the MU-C area are planned to be below 30,000 s.f.  “Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement.” These types of spaces and places should be provided.  Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.” Not applicable In reviewing development applications, the following items will be considered in MU-I areas, per the Comprehensive Plan (pgs. 33-34):  “Land uses within the MU-I areas and adjacent to the SH-16 corridor should be carefully examined for their potential impacts on existing and designated neighborhood centers and commercial activity areas.” The proposed development is the first commercial development in the nearby vicinity; no neighborhood centers are designated or exist in this area.  “A traffic impact study may be required for larger developments in these areas.” A TIS was completed for this development and has been reviewed by ACHD and ITD.  “Vehicular access points should be prohibited near interchange ramps. Future uses should be planned to integrate with a frontage/backage road type circulation system.” No access points via SH-20/26 are proposed west of the Levi Ave. access near the SH-16 interchange; a collector street frontage road is proposed parallel to SH-20/26.  “Any new development at or near MU-I areas should promote a nodal development pattern where buildings are clustered, off-street parking is screened in the rear of the parcel and, where practical, development is inter-connected with adjoining parcels.” Buildings within the MU-I area are clustered but because the area lies between two roadways, the parking cannot be screened from both roadways.  “The SH-16/US 20-26 interchange will be one of only two regional gateways to the City of Meridian for travelers coming from north of the Boise River (the other being Linder Road). As such, buildings, landscaping, and other design features at this interchange need to reflect Meridian’s heritage, quality, and character.”  “Design of the SH-16/US 20-26 interchange and the adjoining land uses must give special consideration to the more scenic and environmentally sensitive area on the north side of US 20-26. The more intensive land uses should be sited on the south side of US 20-26.” Meridian City Council Meeting Agenda April 18, 2019 – Page 43 of 118 Page 11  “Regional ridesharing, park-and-ride and transit transfer facilities are strongly encouraged within the SH-16/US 20-26 MU-I area.” No such uses are proposed but are encouraged. Because this area is rapidly transitioning with urban development, staff recommends the applicant should coordinate with ACHD to determine if a park and ride lot is desired in the area.  “The MU-I area at Ustick Road, west of SH-16, should minimize retail and auto-oriented services and transition rapidly from the interchange to the more rural, low density character intended along the county line. (Examples of uses include middle or high schools, post office or library branches, office uses, row house/patio home developments, athletic clubs, etc.)” “The following types of appropriate uses and themes are envisioned at the two interchange locations along SH-16:  US 20-26: Commuter Services, Technology/Research, Business Park  Ustick Road: Educational, Civic, Light Retail, Residential” Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 and C- G zoning districts and proposed development is generally consistent with the MDR, MU-C and MU-I FLUM designations for this site. The proposed annexation area is contiguous to City annexed property to the east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. B. PRELIMINARY PLAT The proposed preliminary plat consists of (75) building lots, (7) common lots and (4) other lots consisting of (2) private streets, (1) common driveway and (1) future right-of-way on 71.3 acres of land in the R-8 and C-G zoning districts for Pollard Subdivision. Note: Staff has verified that the out-parcel at the southeast corner of the site is an “original parcel of record” as defined by UDC 11-1A-1 per the deed from 1961. As such, it’s not required to be included in the proposed subdivision. Existing Structures/Site Improvements: There are no existing structures on this site. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-G district. Phasing Plan: The subdivision is proposed to develop in 3 phases as shown on the phasing plan in Section VII.B. Uses proposed in each phase are as follows: Phase 1 will include a 95K square foot (s.f.) medical office, a 12K s.f. convenience store (retail), a 48K s.f. office, a multi-tenant retail/office building, a health club, and a 36K s.f. flex office and is slated to open mid/late 2020. Meridian City Council Meeting Agenda April 18, 2019 – Page 44 of 118 Page 12 Phase 2 will include a 10K s.f. emergency room, 50 bed hospital, 50K s.f. medical office building, (23) 48K s.f. offices and a 36K s.f. flex office and is slated to open mid/late 2022. Phase 3 will include 74 conventional single-family residential units and independent living units for 55 and older and an 88-bed assisted living facility – date yet to be determined. Access (UDC 11-3A-3, 11-3H-4): One full access is proposed for the development via N. Levi Ave., a collector street, from W. Chinden Blvd./SH-20/26; direct lot access via W. Chinden Blvd./SH-20/26 is prohibited per UDC 11-3H-4B.2. Another access will be provided from the east via W. Waverton Dr., a collector street, through Fairbourne Subdivision from N. Black Cat Rd.; signalization of the Black Cat/Chinden intersection is expected to be completed in 2020 with the Costco road improvements. Waverton Dr., which parallels SH-20/26 and serves as a backage road, will provide connectivity and access to all properties fronting the state highway in this area in accord with UDC 11-3H-4B.3. Due to the increase in trips generated by the proposed development, ITD is requiring mitigation improvements as detailed in their letter (see Section VII.K), which includes but is not limited to dedication of 12 feet of right-of-way for a westbound right turn lane onto Levi Ave. to be constructed prior to Occupancy and installation of a traffic signal with emergency pre-emption. Old School Lane, an east/west private street that lies on the adjacent properties to the north along the northern boundary of this site currently provides access to the five existing homes on the rim from Pollard Ln. Two private streets (i.e. N. Restucci Ave. and N. Schwenkfelder Ave.) are proposed from internal public streets to Old School Lane for access to these properties; Staff recommends these streets are public, not private, as it’s not the intent of the UDC to approve private streets for single-family developments except in limited circumstances (see UDC 11-3F-1 for more information). Additionally, if and when the properties on the rim re- develop, public street access should be available. The existing easements/right-of-way depicted on Sheet PP1.1 of the plat where the existing public street that serves the Franklin Sensors property to the west is located are required to be vacated. This access was negotiated with ITD with removal of the Pollard/Chinden access. Because the location of this roadway impacts development of this site (i.e. it runs through the middle of the planned medical campus area), the Applicant proposes to relocate the street further to the north. Because Franklin Sensors opposes the relocation of the street, the ACHD Commission will hear this item on April 3rd. A cross-access easement and driveway should be depicted on the plat (or granted through a separate recorded easement) to the out-parcel at the southeast corner of the site (#S0421438700) for access in accord with UDC 11-3A-3A.2. Common Driveways (UDC 11-6C-3): One (1) common driveway is proposed on Lot 62, Block 1 for access to Lots 63 and 64, Block 1; comply with the standards listed in UDC 11-6C-3D. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Meridian City Council Meeting Agenda April 18, 2019 – Page 45 of 118 Page 13 Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached/attached and age restricted dwellings based on the number of bedrooms per unit [SFR attached/detached: 1- bedroom requires 2 per unit with at least 1 in an enclosed garage (other space may be enclosed or a minimum 10’ x 20’ parking pad), 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in an enclosed garage (other space(s) may be enclosed or a minimum 10’ x 20’ parking pad(s); age restricted requires 2 per unit with at least 1 in an enclosed garage for 2+ bedroom units]; parking for the assisted living facility is required based on the number of beds (i.e. 0.5 space per bed), as set forth in UDC Table 11-3C-6. Off-street parking for non-residential uses in commercial districts is based on the square footage of the gross floor area (i.e. 1 space for every 500 s.f.) as set forth in UDC 11-3C-6B.1. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) per the standards listed in UDC 11-3B-12C. A 10-foot wide detached multi-use pathway is required within the street buffer along SH-20/26 as proposed. If the pathway will not be located within ITD right-of-way, a public use easement is required; coordinate the details of the easement with Kim Warren, Park’s Department (208-888-3579). A pedestrian circulation plan has been submitted as shown in Section VII.G in an effort to distinguish pedestrian from vehicular use areas for safety. The plan depicts pedestrian walkways to main building entrances from adjacent sidewalks along streets. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. Detached sidewalks are proposed throughout the development in accord with UDC standards. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E. Eight-foot wide parkways are proposed throughout the development in accord with UDC standards. Landscaping is required to be provided within parkways per the standards listed in UDC 11-3B-7C. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2B-3 for the C- G district and 11-2A-6 for the R-8 district and planted in accord with the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along W. Chinden Blvd./SH-20/26, an entryway corridor; a 20-foot wide street buffer is required along N. Levi Ln. and W. Waverton Dr., both collector streets; and a 10-foot wide street buffer is required along local streets in the C-G district (buffers are not required along local streets in the R-8 district). The street buffer landscaping depicted on the landscape plan in Section VII.C complies with UDC standards except for the N. Levi Ln. buffer which is short one (1) tree; the landscape plan should be revised to include one additional tree in the buffer. Additionally, the street buffer along SH-20/26 where the hospital is located is required to incorporate noise abatement in the form of a berm or a berm and wall combination that is a minimum of 10 feet higher than the elevation at the centerline of the state highway as set forth in UDC 11-3H-4D; the landscape plan should be revised accordingly and an exhibit should be submitted that depicts the cross-section of the berm and/or wall in relation to the centerline of the highway. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise Meridian City Council Meeting Agenda April 18, 2019 – Page 46 of 118 Page 14 abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Street buffers in residential districts are required to be placed in a common lot and maintained by the Homeowner’s Association; street buffers in commercial districts are required to be placed in a common lot or a permanent dedicated buffer maintained by the property owner of business owner’s association per UDC 11-3B-7C.2. The plat should be revised accordingly. A 25-foot wide landscape buffer to adjoining residential uses is required on the C-G zoned portion of the site to future single-family homes to the east as proposed landscaped per the standards listed in UDC 11-3B-9C. Because of the high intensity of commercial uses proposed on this site, Staff recommends additional trees (i.e. a mix of evergreen and deciduous) are provided within the landscape buffer to result in barrier that allows trees to touch at maturity in accord with UDC 11-3B-9C.1 in addition to the proposed landscaping and fencing. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 1.8 acres) qualified open space is required to be provided for the single- family residential portion of the development based on 17.97 acres of land per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted as shown in Section VII.D that depicts 2.19 acres (or 12.19%) of open space in excess of UDC standards consisting of parkways along all streets, a collector street buffer and common area in excess of 50’ x 100’ in area. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for the single-family residential portion of the development based on 17.97 acres of land per the standards listed in UDC 11-3G-3C. A children’s play structure is proposed as an amenity in the common area depicted on the qualified open space exhibit as play area. Waterways (UDC 11-3A-6): A waterway runs along the southern portion of this site and is proposed to be piped with this development in accord with the standards listed in UDC 11-3A-6B.3. 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. A 6-foot tall wood privacy fence is proposed along the north, east and west boundaries of the residential portion of the site in accord with UDC standards. The developer is required to construct fencing abutting pathways and common open space lots in residential areas to distinguish common from private areas; therefore, the landscape plan should depict fencing accordingly. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Although this development falls within the North McDermott Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developer’s proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. This development shall be required to install the permanent force main (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada Meridian City Council Meeting Agenda April 18, 2019 – Page 47 of 118 Page 15 School District Reimbursement Agreement for Okas Lift Station Pump Upgrades pursuant to meridian city code section 8-6-5. Water service being provided by Suez Water Idaho. Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. 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. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 2-4 story hospital, 3-story medical office buildings, 3-story office buildings and 2-story flex-tech buildings as shown in Section VII.F. All single-family attached structures, the assisted living facility and all commercial structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review application is required prior to issuance of building permits. Single-family detached structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. Meridian City Council Meeting Agenda April 18, 2019 – Page 48 of 118 Page 16 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda April 18, 2019 – Page 49 of 118 Page 17 Meridian City Council Meeting Agenda April 18, 2019 – Page 50 of 118 Page 18 Meridian City Council Meeting Agenda April 18, 2019 – Page 51 of 118 Page 19 Meridian City Council Meeting Agenda April 18, 2019 – Page 52 of 118 Page 20 Meridian City Council Meeting Agenda April 18, 2019 – Page 53 of 118 Page 21 Meridian City Council Meeting Agenda April 18, 2019 – Page 54 of 118 Page 22 Meridian City Council Meeting Agenda April 18, 2019 – Page 55 of 118 Page 23 B. Preliminary Plat (date: 1/10/2019) & Phasing Plan Meridian City Council Meeting Agenda April 18, 2019 – Page 56 of 118 Page 24 Meridian City Council Meeting Agenda April 18, 2019 – Page 57 of 118 Page 25 Meridian City Council Meeting Agenda April 18, 2019 – Page 58 of 118 Page 26 C. Landscape Plan (date: 1/10/2019) Meridian City Council Meeting Agenda April 18, 2019 – Page 59 of 118 Page 27 Meridian City Council Meeting Agenda April 18, 2019 – Page 60 of 118 Page 28 Meridian City Council Meeting Agenda April 18, 2019 – Page 61 of 118 Page 29 D. Qualified Open Space Exhibit (dated: 3/15/19) Meridian City Council Meeting Agenda April 18, 2019 – Page 62 of 118 Page 30 E. Site Plan (Revised) Meridian City Council Meeting Agenda April 18, 2019 – Page 63 of 118 Page 31 F. Conceptual Building Elevations/Perspectives (dated: 1/10/19) Meridian City Council Meeting Agenda April 18, 2019 – Page 64 of 118 Page 32 Medical Office Building: Meridian City Council Meeting Agenda April 18, 2019 – Page 65 of 118 Page 33 Meridian City Council Meeting Agenda April 18, 2019 – Page 66 of 118 Page 34 Meridian City Council Meeting Agenda April 18, 2019 – Page 67 of 118 Page 35 Photos of Existing Flex-Tech Buildings: Meridian City Council Meeting Agenda April 18, 2019 – Page 68 of 118 Page 36 Conventional Single-Family Home Elevations: Meridian City Council Meeting Agenda April 18, 2019 – Page 69 of 118 Page 37 Meridian City Council Meeting Agenda April 18, 2019 – Page 70 of 118 Page 38 Meridian City Council Meeting Agenda April 18, 2019 – Page 71 of 118 Page 39 Meridian City Council Meeting Agenda April 18, 2019 – Page 72 of 118 Page 40 Meridian City Council Meeting Agenda April 18, 2019 – Page 73 of 118 Page 41 G. Pedestrian Circulation Plan & Public/Quasi-Public Spaces & Places (Revised) Note: The public plaza areas depicted are not approved with this application to count toward the minimum 5% required in the Comprehensive Plan. Subsequent review & approval of these areas will take place with review of Certificates of Zoning Compliance for each commercial area. VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, Staff recommends the Applicant revise the conceptual site plan as follows:  Depict supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). The Applicant submitted a revised site plan (included in Section VII.G) that depicts public plaza areas adjacent to collector streets within the development that are not central or connected to adjacent buildings as desired. While the areas depicted are nice entry features, Staff recommends more central, connected plaza areas are planned with development of each commercial area through provisions in the Development Agreement.  The office structure proposed near the east boundary of the site should be shifted further to the west or to the north along Narbeth Dr. to create more of a spatial separation between the 3-story structure and future single-level patio homes to the east in Fairbourne Subdivision; or, it should be reduced to a 2-story structure because the structure is not proportional to and will not blend in with the adjacent residential buildings per the following Comprehensive Plan provision: “Non-residential buildings should be proportional Meridian City Council Meeting Agenda April 18, 2019 – Page 74 of 118 Page 42 to and blend in with adjacent residential buildings.” The office structure was shifted further to the west away from the adjacent residential property boundary resulting in a 160’+ separation to future residential uses which Staff feels provides an appropriate separation and negates the need for commercial structures to be proportional and blend with residential buildings.  The 3-story office structure proposed near the east boundary of the site adjacent to the future single-level patio homes should be shifted further to the west or to the north next to the street (Narbeth Dr.) to create more of a spatial separation to the future single-level patio homes; or the height of the structure should be reduced to 2-stories in accord with the following Comprehensive Plan provision: “Non-residential buildings should be proportional to and blend in with adjacent residential buildings.” Additionally, if a 4th office building is proposed, it should be depicted on the plan. Same as noted above.  Depict the sewer lift station on the subject property instead of on the adjacent property to the west. Condition #B.1.2 below includes requirements for the sewer lift station.  The specific use standards for flex space uses prohibit roll-up doors from being visible from a public street (UDC 11-4-3-18); the flex space buildings are proposed to have roll-up doors which will be face the collector street. Staff recommends the buildings be relocated so they each front on public streets (i.e. Waverton & Narbeth) or rotate the buildings 90 degrees with the rear of the structures facing each other; or some other alternative that allows compliance with this standard. The Applicant proposes to construct a berm with a fence on top to screen the roll-up doors from the public street; a cross-section of the berm/wall will be provided with the Certificate of Zoning Compliance/Design Review application that demonstrates the doors will be screened from the public street in accord with this requirement. A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, preliminary plat, phasing plan, landscape plan, qualified open space exhibit and pedestrian circulation plan included in Section VII and the provisions contained herein. b. All single-family attached homes, the assisted living facility and all commercial structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. c. A cross-access easement shall be recorded that provides access to the out-parcel (#S0421438700) at the southeast corner of the site and a driveway shall be provided for access and interconnectivity with the subject property in accord with UDC 11-3A-3A.2. Meridian City Council Meeting Agenda April 18, 2019 – Page 75 of 118 Page 43 d. A 10-foot wide multi-use pathway shall be constructed within the street buffer along the W. Chinden Blvd./SH-20/26 in accord with UDC 11-3H-4C.4; landscaping shall be provided along either side of the pathway as set forth in UDC 11-3B-12C. e. Buildings within the commercial portions of the development shall be arranged to create some form of common, usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas (see pg. 23 of the Comprehensive Plan). f. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area shall be provided within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). More central, connected plaza/outdoor gathering areas should be planned adjacent to buildings with development of each commercial area; those depicted on the site plan in Section VII.G do not all qualify toward the minimum requirements. g. Buildings, landscaping, and other design features near the SH-16/SH-20/26 interchange need to reflect Meridian’s heritage, quality, and character as one of the regional gateways to the City of Meridian in accord with the Comprehensive Plan (see pg. 33). 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block 1 adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5-foot wide landscape buffer as set forth in UDC 11-6C-3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stubbing at the north boundary shall be public. c. Depict a 20-foot wide common lot for the street buffer along W. Waverton Dr. on Lot 24, Block 1 in accord with UDC 11-3B-7C.2a. d. Depict street buffers along W. Chinden Blvd./SH-26/26, N. Levi Ave., and W. Waverton Dr. in the C-G district on a common lot or on a permanent dedicated buffer in accord with UDC 11-3B-7C.2b. e. Depict street sections on the plat. f. Depict lot square footage for each residential lot. g. Depict a cross-access easement to the out-parcel at the southeast corner of the site in accord with UDC 11-3A-3A.2. 3. The landscape plan included in Section VII.C shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block 1 adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5-foot wide landscape buffer as set forth in UDC 11-6C-3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stubbing at the north boundary from W. Treecrest St. shall be public. c. One (1) additional tree shall be added within the street buffer along N. Levi Ave. in accord with UDC 11-3B-7C.3b. Meridian City Council Meeting Agenda April 18, 2019 – Page 76 of 118 Page 44 d. Include additional trees (i.e. a mix of evergreen and deciduous) within the landscape buffer to adjoining residential uses from commercial uses along the east boundary to result in a barrier that allows trees to touch at maturity in accord with UDC 11-3B-9C.1. e. Depict fencing on building lots adjacent to common open space lots in residential areas to distinguish common from private areas as set forth in UDC 11-3A-7A.7. f. Depict noise abatement within the street buffer along SH-20/26 adjacent to the hospital in the form of a berm or a berm and wall combination that is a minimum of 10 feet higher than the elevation at the centerline of the state highway as set forth in UDC 11-3H-4D; include a cross-section of the berm and/or wall in relation to the centerline of the highway as a detail on the plan or a separate exhibit. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. 4. Direct lot access via W. Chinden Blvd./SH-20/26 is prohibited per UDC 11-3H-4B.2. 5. The existing easements/right-of-way noted on Sheet PP1.1 of the plat shall be vacated prior to signature on the final plat by the City Engineer. 6. Submit a detail of the children’s play equipment with the final plat application. 7. An exhibit is required to be submitted with the final plat application for lots accessed by the common driveway on Lot 62, Block 1 that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 8. A perpetual ingress/egress easement for the common driveway(s) shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat. 9. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway within the street buffer along SH-20/26 if the pathway is located outside of ITD’s right-of-way; coordinate the details of the easement with Kim Warren, Park’s Department. 10. Signage for addressing needs to be provided at the public street for homes on Lots 63 & 64, Block 1 accessed by the common driveway for emergency wayfinding purposes. 11. All single-family attached structures, the assisted living facility and all commercial structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review application is required prior to issuance of building permits. Single-family detached structures are exempt from this requirement. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 Meridian City Council Meeting Agenda April 18, 2019 – Page 77 of 118 Page 45 1.2 Although this development falls within the North McDermott Sewer Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developer’s proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. The permanent Lift Station site, contemplated in the Meridian Wastewater Master Plan, is located north of the subject development and on the west side of N. Pollard Lane. However, the developer is proposing to locate the Lift Station in the northwest corner of the proposed development. The developer shall be required to work out the final design location with the Public Works Department, and deed the necessary land to the city with completion of the station The Lift Station shall be satisfactorily completed and accepted prior to the first occupancy permit being issued within the development. This development shall be required to install the permanent forcemain (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. 1.3 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Okas Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 1.4 Water service being provided by Suez Water Idaho. Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with Suez Water Idaho, and the Meridian Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). 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 may be necessary. Meridian City Council Meeting Agenda April 18, 2019 – Page 78 of 118 Page 46 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and road base approved by the Ada County Highway District prior to issuance of building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The design 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. 2.19 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. Meridian City Council Meeting Agenda April 18, 2019 – Page 79 of 118 Page 47 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 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. 2.23 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 reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161916/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/162994/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/163824/Page1.aspx F. SETTLER’S IRRIGATION DISTRICT Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction. G. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/162719/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161962&dbid=0 I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/162389/Page1.aspx Meridian City Council Meeting Agenda April 18, 2019 – Page 80 of 118 Page 48 J. ADA COUNTY HIGHWAY DISTRICT (ACHD) A report has not yet been received from ACHD; this project is scheduled to be heard by the ACHD Commission on April 4, 2019. K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/163888/Page1.aspx L. VALLEY REGIONAL TRANSIT (VRT) Per an email from Brian Parker, VRT, on March 15, 2019, VRT has no plans to serve SH-16 or W. Chinden Blvd. west of Linder Rd. IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex and develop the subject 71.3 acre property with R-8 and C-G zoning consistent with the associated FLUM designations for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment and development complies with the purpose statements of the residential and commercial districts in that it will provide for a range of housing opportunities and retail and service needs for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential and commercial uses should be compatible with adjacent existing and future residential and commercial uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. Staff finds the proposed annexation is in the best interest of the City. Meridian City Council Meeting Agenda April 18, 2019 – Page 81 of 118 Page 49 B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Staff finds public services can be made available to the subject property and will be adequate to accomoate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Staff finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda April 18, 2019 – Page 82 of 118 LEVI (collector) M. via* W I N 0 uCA FRANKLIN SENSOR '+ - c m n rr - -..- -�•- M1 ° m ^an (A r° — -- ! EtVIAVE �ti ® D it K @) to . Z I (r) m m ® c) m I CJ O I o (9). � o o� N �° RBFRiII: ------ - I o c f U I n z e O ( n `p to 14 1 Al n �L' --- - - �► A. © (.� `PESTO I I N. P TUcc - - o p r g v I -m — — — — — — --- — — — W I N uCA '+ - c I am ^an (A r° ! EtVIAVE �ti ® D it K @) to . Z I (r) m ® c) m v CJ O I o (9). � .. M. SCNWENI(FEIDf VE� �° RBFRiII: ------ - I f U I n z e O S A. p r g v I — — — — — — --- — — — W Pollard Lane s MI E 0 0 0 � r, O m v ...1 j InM�►1 1411. F.� P � ` I I ILi I,,. `: .�. I, . •� vin w,R .�. . �� {. �0 _, I, 'Iff / 1 f f .4000, POLLARD 1 ( n m � r• �r. a- 9 a I e � b 9 4 m --------------- j I� P k" IK - A X .4 - . W- - �- . -I lk mu IN a E- x m v c m m 0 O z r BLACK CAT ROAD ` I 9 - s r? I f� QOAL-ARDIAN E �1 m e m � r v_ apo W c °off A r m co © m Z ,J I I 0 N rt O O CL a - N N/ =m - 0 wm' n m w Z fo a �l 4 1 I IS z m ra ITD 0363 (Rev, 52013) Right -of -Way Contract itdIdaho gov Idaho Transportation Department Project No.; A011 (236) Project Name: SH -16 Chinden Blvd, to Jct. SH44 Parcel No,: 34 Parcel Id No.: 0044476 Key No: 11236 County: Ada THIS AGREEMENT, made this day of , 2014, between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT, by its Chief Engineer or the authorized representative, herein called "STAT," and the MARTOM GROUP, LLC, a California limited liability company, "GRANTOR". NOW THEREFORE, the parties hereto agree as follows: 1. State shall pay Grantor and the lienholder(s), if any, such sums of monies as are set out below. Grantor agrees to pay all taxes and assessments due and owing, including those for year 2014; and Grantor shall execute and deliver to State a notarized instrument of conveyance corresponding to the interest being acquired. 2. This contract shall not be binding unless and until executed by the Chief Engineer or the authorized representative. 3. The artles have herein set out the whole of their agreement;�he performance of which constitutes the entre const era tion for the grant -of -said property interest and shall relieve the State of all future claims or obligations on that account or on account of the location, grade and construction of the proposed highway project. 4. Grantor represents that to the best of its knowledge no hazardous materials have been stored or spilled on the subject property during its ownership or during previous ownerships at least insofar as Grantor has observed or has been informed. In the alternative, if the Grantor has knowledge of storage or spill of hazardous materials on the subject property, that information is set out below. This sale is conditional upon full disclosure of any such information. Grantor's representation herein specifically excepts any hazardous materials present on the property because of the State, its contractor or subcontractors. 5. Grantor hereby grants the State and/ or its designated contractor a "Temporary Right -of -Entry" for unexpected and currently unforeseen incidents related to the construction of the Project. For example, the Temporary Right -of -Entry allows the State and/or its designated contractor to enter upon the remainder of the Grantor's property to retrieve materials, equipment, debris, etc. related to the construction of the Project that might encroach upon Grantor's property. The State and/or its designated contractor shall Page 9 of 3 !TD 0363 (Rev. 5.2013) Right -of -Way Contract ntract a Widaho.gov Idaho Transportation Department Inform the Grantor of the need to exercise the Temporary Right -of -Entry before entering upon the remainder of Grantor's property. Said Temporary Right -of -Entry shall terminate upon the completion of the Project. State shall be responsible for restoring, at its cost, any property damaged by exercising this Temporary Right of Entry, including, but not limited to, crops. 6. Grantor, for compensation noted below, hereby grants the State and/or its designated contractor a "TEMPORARY EASEMENT" for the purpose of ingress and egress to enable the State and/or its designated contractor access to the portions of the property where construction is to occur, as indicated on the Project plans. Said Temporary Easement shall terminate upon completion of the Project. State shall be responsible for restoring, at its cost, any property damaged by the use of this Temporary Easement by the State or its contractors, including, but not limited to, crops. 7. State is in physical possession of the land and easements as of April 4, 2013 pursuant to the Agreement for Possession, recorded May 3, 2013, as Instrument number 113048654, records of Ada County, Idaho, and the Addendum to Agreement for Possession recorded J"F— I ? , 2014, as Instrument number r I -If 045/5,5-, records of Ada County, Idaho, both attached hereto as Exhibit "A", the terms and conditions of which remain in full force and effect. 8. State will pay Grantor for land, permanent and temporary easements, all rights of access between the right-of-way of Chinden Boulevard as shown on the plans of the SH -16, Chinden to JCT SH -44, Project No. A011(236), known as Parcel 34, and the remaining property of the Grantor that is contiguous with the Chinden Boulevard right-of-way, as follows: • 5.432 acres of land $180,000.00 • 3.399 acres of permanent easement $ 56,254.00 • 0.436 acre of temporary easement $ 1,443.00 JUST COMPENSATION $237,697.00 (pd per Possession Agreement -Exhibit A) ® On site irrigation ditch repairs/relocation: $ 23,267.00 (ITo will not be responsible for irrigation construction, maintenance or repairs on owner's property) ® 3 Phase Power Installation $ 2,000.00 (Owner to apply and coordinate the installation and payment with Idaho Power Company directly) ® Administrative Settlement $199,835.00 TOTAL CONSIDERATION $462,799.00 9. Affected fences and irrigation systems, if any, will be relocated and/or replaced by the State. State will remove and replace Type 3 B fencing between Highway Survey Station 85+00,134.94 feet Left to 92+00, Fuge 2 of 3 !TO 0383 (Rev. 6.2013) Ri'UNA0-i/ ay coy&ad HdIdaho.gov Idaho Transportation Department 115 feet Left, and Highway Surrey Station 92+00,115.0 feet Left to 93+16,115 feet Left, and Highway Surrey Station 93+65.9,115 feet Left to Highway Surrey Station 96+49.5, 40 feet Left. IN WITNESS WHEREOF, the parties have executed thls Agreement the day and year first above written. IDAHO TRANSPORTATION DEPARTiU EMT Recommended for A Droval By: Amy Schroeder GARVEE Program Manager By: Midge A bin Sr. Rig -of--Way Agent Approved for Chief Engineer On, 2014 By: Dave Szplett Right -of -Way Manager MART'OM GROUP, LLG By: . -4J Thomas W. Tomlinson, Managing Member Page 3 of 3 After recording return to: Right of Way Idaho Transportation Department P.O. Box 7129 Boise, Idaho 83707-1129 Project No. A011(236) Key No. 11236 Parcel No. 34 Parcel ID No. 0044476 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 06119114 02:02 PM {{ I1 A 'ggggll{` DEPUTY Llsa 8011 RECORDED—REQUEST OF 114048155� Idaho Transportation Dept ADDENDUM TO AGREEMENT FOR POSSESSION THIS ADDENDUM TO AGREEMENT FOR POSSESSION ("Addendum") is made effective this .Z]� day of May, 2014 ("Effective Date"), between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT ("ITD") with an address of 3311 West State St., Boise, Idaho 83707 and MARTOM GROUP, LLC, a California limited liability company ("Owner") with an address of c/o Brighton Corporation, 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713. Owner and ITD may sometimes be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, on May 3, 2013, the Parties recorded an Agreement for Possession in the official records of Ada County, identified as Instrument No. 113048654, pertaining to Parcel 34, Parcel ID Number 0044476, within the highway project identified as Project No. 11236, SH -16 CHINDEN BLVD. TO JCT. SH -44 ("Agreement"). WHEREAS, the Parties desire to revise and extend certain dates established within the Agreement. NOW, THEREFORE, the Parties hereby agree as follows: 1. Paragraph 8.b.(vi),/Fu e_�Qsa! Road i revised to extend the date from December 31, 2014 to December 31, 2015 as follows: 8.b.(vi) No later than December 31, 2015, Owner shall provide ITD with evidence that ACHD has approved the alignment of the Future Local Road. RECORD AT THE REQUEST OF TETE STATE OF IDAHO FEE EXEMPT — I.C. 67-2301 Page 1 of 3 2. Paragraph 8.b.(vi), Future Loca! Road, is revised to extend the date from December 31, 2015, to December 31, 2016 as -follow 8.b.(vii) Owner shalLLocal lep to construction and obtain ACHD acceptance of the constructed. Future Road n later than December 31, 2016, unless otherwise agree itfng--b een the parties. 3. The Effective Date of this Addendum is the date that the Addendum is fully executed by all Parties to the Addendum, which date shall be entered above as the "Effective Date". WHEREFORE the above Addendum has been executed by the respective Parties, or by their duly authorized officers or agents, as of the Effective Date. OWNER: MARTOM GROUP, LLC, a California limited liability company By: W' THOMAS W. TOMLINSON Managing Member Date: 101, ITD: IDAHO TRANSPORTATION BOARD by and through the IDAHO TRANSPC9`RT'ATDON DEPARTMENT By: AMY SCHROEDER GARVEE Program Manager Date: 1-23 RECOMMENDED BY: Authorized Representative of IDAHO TRANSPORTATION DEPARTMENT By: —46a&Lk DAVE SZPLETT Right of Way Manager Date: 5- — 30 —ZolGi RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 67-2301 Page 2 of 3 STATE OF IDAHO ) ) 55. County of ADA ) On this day of 2014, before me, the undersigned, a Notary Public in and for said State, personal appeared THOMAS W. TOMLINSON, known or identified to me to be the Managing Member of MARTOM GROUP, LLC, and the person who executed the foregoing 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. d�6-D�6� =PUBLIC Notary Public for IDAHO Residing at �A� fD My commission expires (. Aq. 1`7 State of IDAHO ) ss. County of ADA ) "' On this )W' `day of 2014, before me, the undersigned, a Notary Public in and for said State, personally ap eared AMY SCHROEDER, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as the GARVEE Program Manager on behalf of the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the Idaho Transportation Department. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. k..KLfy NotaryP blic IDAHO 64' Residing at 1 ®� An Y ' My commission expires P U55�°� �O RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT— I.C. 672301 Page 3 of 3 A Mike Wardle `2016 10.30 AMrp'com> I-rom: Wednesday, June 15 Sent: amy.schroeder@itd.idaho.gov Christ Little (Clittle@achdidaho. 1p -c Blake To: David Turnbull; Glnselman@achdidaho.org; Y 1I com); Cc, n Wardle; Van Elg; Amanda McCurry; Tim isoon(Property Manager); avid � Alder, Jo com); Jim Morrison Aaron Ballard (ABallard@kmengllp. Dor rough Levi - to - Pollard Connection Subject: 16-066 DRAFT Preferred new alignment-24x36L Cover.pdf;160609 ROW Dedication Attachments: 16-066.pdf; 160609 ROW Relinquishment 16-066.pdf; 160609 Easement Relinquishment 16-066.pdf Amy, r Inselman's response, below, I am using his June 8th statement to "Of ficicilly" forward Although you were copied in Ga y rtom Group, LLC e following purposese Levi—to—Pollar to modify our request the agreement between ITD and Ma connection; along with legal descriptions prepared by KM Engineering for t ROW Re -Alignment, dated June 9, 2016 - Describes and depicts the realigned E/W segment connecting Levi and Pollard. ROW Relinquishment, dated June 9, 2016 - Describes and depicts that portion of the existing ROW to be relinquished north of the "Re -Alignment" segment. Easement Relinquishment, dated J - Describes and depicts t "Permanent" ea ementse abutting ownership original nd control, parallel easements . Inasmuch as the dforay will be built by Brighton (acting for Mar n land and construction, or for any other short- or long-term purpose, are unnecessary. Particularly so, since the new and ful_ Iy-improved ROW will, in fact, be deeded to the Ada County Highway District. With this information, I trust you will be able to complete the "amendment to the Possession Agreement" noted in your June 7th message. Upon receipt and execution of that amendment, we will proceed to construction design for ACHD review and approval; and to development of a schedule not only for construction of the project improvements, but also removal of the interim "S-curve" access and vacation of existing Pollard ROW between Highway 20/26 and the new roadway's intersection with Pollard. You may have questions or require additional information response. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Gary Inselman [mailto:ginselman@achdidaho.org] Sent: Wednesday, June 08, 2016 4:29 PM To: Mike Wardle If so, please call me so that I can facilitate and expedite the Cc: Christy Little; David Turnbull; Jon Wardle; Van Elg; Amy.Schroeder@itd.idaho.gov Subject: RE: Levi to Pollard Connection Mike, The proposed alignment appears to meet ACHD policy for a local street. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman(a)achdidaho.org ACHU "We drive quality transportation for all Ada County — Anytime, Anywhere!" From: Mike Wardle[maiito:mwardleCcbbrightoncorp.com] Sent: Tuesday, June 07, 2016 8:33 AM To: Gary Inselman Cc: amy schroeder(&itd.idaho.4ov; Christy Little; David Turnbull; Jon Wardle; Van Elg Subject: Levi to Pollard Connection Gary, On May 23rd, I met with Amy Schroeder and Jim Morrison at ITD's District 3 office to review the attached realignment of the Levi Lane -to -Pollard Road connection. Prior to ITD's preparation of the required transactional documents to effect that change, Amy asked that we obtain ACHD's concurrence with the concept. ,We believe the proposed alignment and improvements comply with ACHD's standards and acknowledge that the project dgh review by ACHD to assure a comp Lance. Given your April 19th statement, below, this may be redundant, but is, nevertheless, requested. I would be happy to discuss the matter with you if you have questions. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Gary Inselman Sent: Tuesday, April 19, 2016 1:10 PM To: Amy Schroeder Cc: Christy Little; Stacey Yarrington; Jaylen Walker; David Dorrough Subject: RE: Pollard Lane Access Amy, ACHD appreciates the coordination on this matter. Ideally the road will be built in an alignment beneficial to all involved. For clarification, in my conversation with Mr. Dorrough and Mr. Walker I commented that ACHD's position has been and continues to be that any local street connection to replace Pollard Lane must meet ACHD standards. Beyond that, since ACHD is not a party to the ITD/Martam Group agreement, AC cannot specify an a ignment. If the alignment meets ACHD standards and the road is constructed to ACHD standards, then ACrH_D w��e-road at-&+dture-dateJDAQwing the standard process of transferring ownership of the road. - If there is anything else you need from ACHD, please let me know. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman(a achdidaho.org I I I ,00'0££ ----------------------------------- _ I I I I � I I I I I F W I I N g ^ , WW I a� I (r � N 6� Z W p Q� =FOO OW -W m K m 00 O m W e a 00. aK avW3z -----NIMJVIlOd--- ,00'9L I I I I I I I I I I I I I � s s w z a �N J UJ oz O O v LU O G >� N W o a >zo� LUz0 !n Z O z C ki" 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 9, 2016 W. Agnew Drive/ N. Levi Ave. Easement Relinquishment Project No. 16-066 Legal Description Brighton Corporation A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00°31'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records and being POINT OF BEGINNING I. Thence leaving said westerly right-of-way line and following said northerly right-of-way line, N89°27'17"W a distance of 25.00 feet to a point; Thence leaving said northerly right-of-way line, N00°34'29"E a distance of 535.23 feet to a point; Thence N89°25'31"W a distance of 1,269.18 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence following said westerly line N00°34'56"E a distance of 25.00 feet to a point on the southerly right-of-way line of W. Agnew Dr. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records and hereinafter referred to as POINT "A"; Thence leaving said westerly line and following said southerly right-of-way line, 589°25'31"E a distance of 1,269.17 feet to a point on the said westerly right-of-way line of N. Levi Ave.; Thence leaving said southerly right-of-way line and following said westerly right-of-way line, S44°25'31"E a distance of 35.36 feet to a point; Thence following said westerly right-of-way line, S00°34'29"W a distance of 535.21 feet to POINT OF BEGINNING I. Said easement vacation description contains 45,420 square feet (1.043 Acres), more or less, TOGETHER WITH: A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: ENGINEERS I SURVEYORS I PLANNERS Commencing at a point previously referred to as POINT "A", thence following the westerly line of said SE 1/4 of the SW 1/4 of Section 21, N00°34'56"E a distance of 50.00 feet to POINT OF BEGINNING 2. Thence following said westerly line, N00°34'56"E a distance of 25.00 feet to a point; Thence leaving said westerly line, S89025'31"E a distance of 1,369.16 feet to a point; Thence S00°34'29"W a distance of 635.21 feet to a point on the northerly right-of-way line of said Chinden Blvd. (US 20/26); Thence following said northerly right-of-way line, N89'25'31"W a distance of 25.00 feet to a point on the easterly right-of-way line of said N. Levi Ave.; Thence following said easterly right-of-way line, N00°34'29"E a distance of 610.21 feet to a point on the northerly right-of-way line of said W. Agnew Dr.; Thence leaving said easterly right-of-way line and following said northerly right-of-way line, N89'25'31"W a distance of 1,344.17 feet to POINT OF BEGINNING 2. Said easement description contains 49,484 square feet (1.136 Acres), more or less. Said easement description contains a total of 94,904 square feet (2.179 Acres), more or less, and is subject to all record documents. jon-� x124590 OF PAGE 12 Title: Easement Relinquishment 1 Scale: 1 inch = 200 feet I File: N h M Date: 06-08-2016 Tract 1: 1.043 Acres: 45420 Sq Feet: Closure = s41.0346e 0.01 Feet: Precision =1/715912: Perimeter = 3694 Feet 001=n89.2717w 25.00 004=n00.3456e 25.00 007=s00.3429w 535.21 002=n00.3429e 535.23 005=s89.2531e 1269.17 003=n89.2531w 1269.18 006=s44.2531e 35.36 I=_ 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 9, 2016 W. Agnew Drive/ N. Levi Ave. ROW Relinquishment Project No. 16-066 Legal Description Brighton Corporation EXHIBIT A A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00°31'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00°34'29"E a distance of 405.00 feet to the POINT OF BEGINNING. Thence following said westerly right-of-way line, N00°3429"E a distance of 130.21 feet to a point; Thence following said westerly right-of-way line, N44025'31"W a distance of 35.36 feet to a point on the southerly right-of-way line of W. Agnew Dr. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records, Thence leaving said westerly right-of-way line and following said southerly right-of-way line, N89'25'31"W a distance of 1,269.17 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence leaving said southerly right-of-way line and following said westerly line, N00°34'56"E a distance of 50.00 feet to a point on the northerly right-of-way line of S W. Agnew Dr.; Thence leaving said westerly line and following said northerly right-of-way line, S89°2531"E a distance of 1,344.17 feet to a point on the easterly right-of-way line of said N. Levi Ave.; Thence leaving said northerly right-of-way line and following said easterly right-of-way line, S00°34'29"W a distance of 205.19 feet to a point; Thence leaving said easterly right-of-way line, N89°27'17"W a distance of 50.00 feet to the POINT OF BEGINNING. Said parcel contains 75,283 square feet (1.728 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. 11NZ � a 124 59 0 ENGINEERS I SURVEYORS I PLANNERS 9q� OF lye N L . BAl/ P:\16-066\CAD\SURVEY\16-066 REV ROW RELI NQUISHMENT. DWG , AARON BALLARD, 6/8/2016, KYOCERATASKALFA4558CI KX.PC3,-- -D 0 Cn n 0 CD 0 \o- Z 0 O O .q Z0 m 0 ;0K N K: m n_+ n m zm N -5 � I N. Pollard Lane m� r m 0— -NO o m 0 = w w r Ui m U NO m O O �m Z r 0 0 L4 I fn z O O O = m D 41 N n —I W v z p W Z p A t0 O � 77 m (D W m p v •? (J! � < O O 0 C' p N 7- � m I N 0 \o- Z 0 O O .q Z0 m 0 ;0K N K: m n_+ n m zm N -5 � I N. Pollard Lane m� N 0— -NO o m 0 = w w m Ui m NO m �(1) �m O iA- K: I N m Portion of SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of I fn 00 CP I I I I I O O z A N D 41 N n o m v z I o p A a F1 (D p A J � < O O Q N � I N I f I I AA 00 10 N �m ma Do r - � O z mK:M m ;U !z: Z !J Z r C (D Z 0 Q I OD I =m0� 0 �m0D N� m .� v -Z-1 -gyp. (D O R7 -: z co N o m 0 = w w m Ui m I Z m �(1) w 00 O iA- K: I :C m I o\ I I Zm 0 z II I m III I i i I I minCh co cm .m f 7m- N 0 w I cNn Io m ;L7 ,I I ImA o� N m N' I, z zD ° 41 p p � J p N (D I S O m II. •� I I� II II I X C Cn Cn 10� zl I I I z� V) m -Uof I I -i 00 zz y ^I W A� m O) Z O il.) Jm' m1 I ZX �n v jm I z Z N o m Exhibit B = w w C m .P W. Agnew Drive/N. Levi Avenue Relinquishment N T m m A w 00 O �Q Portion of SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of I fn 00 CP p O O z A N O 41 N o m o m Z N o m Exhibit B = w w m W. Agnew Drive/N. Levi Avenue Relinquishment N T m m A O Portion of SE 1/4 SW 1/4 and SW 1/4 SE 1/4 of � w 0 D O °mm p z A N o m o m Section 21, T.4N.1 R.1W., B.M. Ada County, ID 1344.17 s89°25'31"e n89°25'31 "w 1269.17 N N .-- rn u O 0 n O ^ O N Title: ROW Relinquishment I Date: 06-09-2016 Scale: 1 inch = 200 feet File: Tract 1: 1.728 Acres: 75283 Sq Feet: Closure = n53.0156w 0.00 Feet: Precision =1/762515: Perimeter = 3084 Feet 001=n00.3429e 130.21 004=n00.3456e 50.00 007=n89.2717w 50.00 002=n44.2531w 35.36 005=s89.2531e 1344.17 003=n89.2531w 1269.17 006=s00.3429w 205.19 6M 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 June 9, 2016 W. Agnew Drive/ N. Levi Ave. ROW Re -Alignment Project No. 16-066 Legal Description Brighton Corporation EXHIBIT A A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Section 21, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows; Commencing at the South 1/4 corner of said Section 21, thence along the easterly line of the SW 1/4 of said Section 21, N00031'57"E a distance of 115.00 feet to a point on the northerly right-of- way line of Chinden Blvd. (US 20/26); Thence leaving said easterly line and following said northerly right-of-way line, N89°27'17"W a distance of 10.39 feet to the westerly right-of-way line of N. Levi Ave. as shown on Record of Survey No. 10034 and described in Instrument No. 114048157 of Ada County records; Thence leaving said northerly right-of-way line and following said westerly right-of-way line, N00'34'29"E a distance of 330.00 feet to the POINT OF BEGINNING. Thence leaving said westerly right-of-way line, N44°2624"W a distance of 35.35 feet to a point; Thence N89°27'17"W a distance of 230.77 feet to a point; Thence 78.72 feet along the arc of a circular curve to the right, said curve having a radius of 2,025.00 feet, a delta angle of 02°13'38", a chord bearing of N88°20'28"W and a distance of 78.71 feet to a point; Thence N87013'39"W a distance of 822.93 feet to a point; Thence 76.77 feet along the arc of a circular curve to the left, said curve having a radius of 1,975.00 feet, a delta angle of 02°13'38", a chord bearing of N88°20'28"W and a chord distance of 76.77 feet to a point; Thence N89°27'17"W a distance of 60.66 feet to a point on the westerly line of said SE 1/4 of the SW 1/4 of Section 21; Thence following said westerly line, N00'34'56"E a distance of 75.00 feet to a point; Thence leaving said westerly line, S44°26'10"E a distance of 35.34 feet to a point; Thence S89°27'17"E a distance of 35.62 feet to a point; Thence 78.72 feet along the arc of a circular curve to the right, said curve having a radius of 2,025.00 feet, a delta angle of 02°13'38", a chord bearing of S88°20'28"E and a chord distance of 78.71 feet to a point; Thence S87*13'39"E a distance of 822.93 feet to a point; Thence 76.77 feet along the arc of a circular curve to the left, said curve having a radius of 1,975.00 feet, a delta angle of 02'13'38", a chord bearing of S88020'28"E and a chord distance of 76.77 feet to a point; ENGINEERS I SURVEYORS I PLANNERS Thence 589'27'17"E a distance of 255.79 feet to a point on said westerly right-of-way line of N. Levi Ave.; Thence following said westerly right-of-way line, S00°34'29"W a distance of 75.00 feet to the POINT OF BEGINNING. Said parcel contains 65,367 square feet (1.501 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. �pL LAIf'D ,12459 OF 4�.q.W(( PAGE 12 P:\16-066\CAD\SURVEY\16-066 REV ROW DEDICATION.DWG , AARON BALLARD, 6/9/2016, KYOCERA TASKALFA 4550CI KX.PC3, ---- N. Pollard Lane m Z w noo" n X Z m N m' m G y W N O C I ~ M Z Z I m � a Z Ln W I NN D I C�J1 (NJI iNn I Q FN-+ N .L�11 p N O O O O N � J �p OD ❑- O 0 W p OJo m MZ r J N J N�-I n N 25' . = A I ` N I NF N N N m W W W W D I IO W co C i W W co L,i Oo -r-I D m V 'O : I 000 En0M n 03 w CC 000 p 0 .-. Ln CI) 0 aNis � w allo p ;'U, � 0 — v I z 0 00 0 0 0 cD n m m M z 0 A� W J J J J J 2_q I AO J V O) W O) 00 J A0 I I Zz Z Ln K: O (D O7 z I cwn•I oo > C'j Z O W r 0m Z N L4< N cr) m M ,� J A� C! Z O -Z-I cw J r*I O *� Z � N � LJn .VWi .vJi .LWn � O -WA O UWi S m D N°—L5 CO En N z Z O -R m rt' o I N � N [1 (n O G4 m ;O X N O) J cn Ol I O -- I In { c0 O M C% mm 01 I o I m Z w noo" X Z m N m' m G W 6, J Z Z m � r W Exhibit B W. Agnew Drive/N. Levi Avenue Re -alignment A Portion of the SE 1/4 of the SW 1/4 of Section 21, T.4N., R.1W., B.M., Ada County, ID 822.93 s87013'39"e 255.79 n87013'39"w c12 s89°27'17"e 822.93 n89°27' 17"�v Tract 1: 1.501 Acres: 65367 Sq Feet: Closure= s73.3739e 0.02 Feet: Precision =1/140155: Perimeter= 2760 Feet 230.77 Title: ROW Dedication Date: 06-09-2016 Scale: 1 inch = 200 feet File: Tract 1: 1.501 Acres: 65367 Sq Feet: Closure= s73.3739e 0.02 Feet: Precision =1/140155: Perimeter= 2760 Feet 001=n44.2624w 35.35 006=n89.2717w 60.66 011=s87.1339e 822.93 002=n89.2717w 230.77 007=00.3456e 75.00 Ddta Bng 0 20 Se, Clid-76.7 1338 001PI, R=2025.00 Delta=02.1338 88 2 Bng=n028w, Chd=78.71 008=s44.2610e 35.34 013=s89.2717e 255.79 004=n87.1339w 822.93 009=s89.2717e 35.62 014=00.3429w 75.00 005: Lt. R=1975.00. Della -02.1338 010: Rt. 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Located at the SW Corner of N. McDermott Rd. and W McMillan Rd. Request: Annexation and zoning of 125.68 acres of land with an R- 8 zoning district; and, Request: a Preliminary Plat consisting of 401 building lots, 55 common lots, and 5 other lots on 117.10 acres of land in the R-8 zoning district Meeting Notes: Y011 P P 101 K I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from April 4, 2019 for Gander C reek (H-2019-0013) by T rilogy Development, Inc., L ocated at the S W corner of N. M cDermott Rd. and W. M c M illan Rd. C lic k Here for Applic ation Materials C lick H ere to S ign U p to Testify at H earing AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 4/15/2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 83 of 118 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 4/18/2019 Hearing Type: PZ Item Number: 4-B Project Name: Gander Creek Project No.: H-2019-0013 Active: ❑ Page 1 of 2 Signature I Wish To Sign In Address City -State -Zip For Against Neutral Name Testify Date/Time Lisa Meridian 4/18/2019 5946 w elgato X Depold idaho 83642 5:41:01 PM Fred 5946 W EI Meridian 4/18/2019 X Depod Gato Lane Idaho 83642 5:41:35 PM Kristi Meridian 4/18/2019 5946 w elgato X depold idaho83642 5:41:57 PM David 4/18/2019 X LaBrie 5:54:11 PM Joe 1303 E Meridian, ID 4/18/2019 X X Yochum Central Drive 83642 6:03:04 PM David 4242 N Boise ID 4/18/2019 X X bailey Brookside Ln 83714 6:12:12 PM 4/18/2019 John X 6:16:50 PM 1548 W Meridian 4/18/2019 Kevin Amar Cayuse Creek X X Idaho 83646 6:36:30 PM Drive Michelle 6675 n pollard Meridian 4/18/2019 X Dorrough lane idaho 7:06:13 PM Shawn 9838 W Cable Boise Id 4/18/2019 X Brownlee Car St 83709 7:14:40 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=216 4/19/2019 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 2 Sonia 4/18/2019 X Daleiden 8:05:20 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=216 4/19/2019 Item #46: Gander Creek — AZ, PP (H-2019-0013) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 117.10 acres of land, zoned RUT in Ada County, located at the SWC of W. McMillan Rd. & N. McDermott Rd. Adjacent Land Use & Zoning: North: Rural residential/agricultural land, zoned RUT in Ada County East: N. McDermott Rd. & SFR (Oaks West Sub), zoned R-8 South: Future high school & elementary school West: Agricultural property, zoned RUT History: In 2015, an application for annexation & zoning and preliminary plat was denied on the northern portion of this site due to Council's Finding that it was not in the best interest of the City to annex the property at that time. (Copperbrook Sub. H-2015-0029) Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: Annexation and zoning of 125.68 acres of land with an R-8 zoning district consistent with the MDR FLUM designation. Preliminary plat consisting of 401 building lots, 55 common lots and 5 other lots consisting of 4 lots reserved for ITD for future ROW for the extension of SH-16 and (1) lot reserved for the City for a future fire station & service center on 117.10 acres of land in the R-8 zoning district; proposed to develop in 9 phases. The minimum lot size for the development is 4,000 square feet (s.f.) with an average lot size of 6,002 s.f. Five (5) different sizes of lots are proposed (i.e. 4K, 5K, 6K, 7K, and 8K square feet) for the development of traditional front-loaded lots and rear-loaded alley lots. A lot size rendering was submitted that demonstrates the variety of lots proposed within the development. There are 2 existing structures that are within the future ROW area that are proposed to remain until such time as ROW acquisition occurs for SH-16 and/or the construction of SH-16 commences. Once access is proposed via W. McMillan Rd. & one access is proposed via N. McCrosson Ave., the proposed mid-mile collector street. A crossing over the Five Mile Creek is proposed at the'/4 mile. The Five Mile Creek bisects this site and is on property owned by the Irrigation District. A 10-wide multi-use pathway is proposed along the west boundary of the site within the buffer along McCrosson from the south boundary to the north boundary of the Five Mile Creek continuing to the east to the'/4 mile and then north through the development and the proposed park to McMillan Rd. The Park's Dept. is requesting the pathway is also extended along the north side of the creek to McDermott Rd. Qualified open space appear to be in excess of UDC standards although Staff has requested some modifications to the open space exhibit. Site amenities consist of a swimming pool with a playground, picnic shelter and % basketball court in the 2.11 acre park at the entry to the development from McMillan Rd. in the northern portion of the development; another playground and picnic shelter in the 2.64 acre park at the entry of the development from McCrosson Ave. in the southern portion of the development; a picnic shelter in the 0.97 acre park also in the southern portion of the development; a long segment of the City's multi-use pathway system along the west boundary of the southern portion of the development running along the north side of the Five Mile Creek to N. Glassford Way and north to McMillan Rd.; and many internal pedestrian pathways in excess of UDC standards.. Conceptual building elevations were submitted for proposed SFR detached structures as shown. Written Testimony: Shawn Brownlee — Requests the following modifications to conditions: • #A1.b — "The Developer shall construct a mid-mile collector street (N. McCrosson Ave.) from W. McMillan Rd. to the north boundary of the school property to the south (approximately 1,970'+/-) with the first phase of development." Requests the timing for construction is changed from the 1st phase to the earlier part of the 2nd phase or at the time of substantial completion of the Owyhee HS consistent with the West Ada School District's construction timeline for the high school. Staff is ok with this change if the Applicant submits a letter of intent from the school district for their timeline that is consistent with this change. • #A1.c — "The Developer shall construct pedestrian walkways along the entire frontage of the site adjacent to N. McCrosson Ave. and W. McMillan Rd. with the first phase of development for safe access to the school site to the Page 1 HEARING DATE: April 18, 2019 (Continued from April 4, 2019) TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0013 Gander Creek LOCATION: Southwest corner of N. McDermott Rd. and W. McMillan Rd., in the NE ¼ of Section 32, T.4N., R.1W. (Parcel No’s.: S0432110450; S0432110100; S0432110565; S0432141800; S0432110500) I. PROJECT DESCRIPTION Annexation and zoning of 125.68 acres of land with an R-8 zoning district; and Preliminary plat consisting of 401 building lots, 55 common lots and 5 other lots on 117.10 acres of land in the R-8 zoning district for Gander Creek Subdivision. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 117.10 Future Land Use Designation MDR (3 to 8 units/acre) Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR Current Zoning RUT in Ada County Proposed Zoning R-8 Lots (# and type; bldg/common) 401 building/55 common/5 other lots Phasing plan (# of phases) 9 phases Meridian City Council Meeting Agenda April 18, 2019 – Page 84 of 118 Page 2 B. Community Metrics Number of Residential Units (type of units) 401 SFR units (detached) Density (gross & net) 3.42 gross/4.15 net Open Space (acres, total [%] / buffer / qualified) 12.55 acres (13%) Amenities 10’ wide multi-use pathway, internal pathways, a swimming pool, (2) children’s play structures, (2) picnic shelters, ½ basketball court Physical Features (waterways, hazards, flood plain, hillside) The Five Mile Creek bisects the northern & southern portions of this development and is owned by the Irrigation District Neighborhood meeting date; # of attendees: December 17, 2018; 5 attendees History (previous approvals) In 2015, an application for annexation & zoning and preliminary plat was denied on the northern portion of this site due to Council’s Finding that it was not in the best interest of the City to annex the property at that time. (Copperbrook Sub. H-2015-0029) Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) ? Fire Service  Distance to Fire Station 4 miles  Fire Response Time 7:00 minutes under ideal conditions  Resource Reliability 77% from Fire Station #5 – does not meet the targeted goal of 85% or greater  Risk Identification 2 – Current resources would not be adequate to supply service to this project (see comments in Section VII.C Meridian City Council Meeting Agenda April 18, 2019 – Page 85 of 118 Page 3  Accessibility Project meets all required access, road widths and turnarounds; project will be limited to 30 building lots until secondary access is available  Special/resource needs An aerial device is not required  Water Supply Requires 1,000 gallons per minute for 2 hours  Other Resources NA Police Service  Distance to Police Station 8.5 miles  Police Response Time 5-7 minutes  Calls for Service NA (site is currently in Ada County)  Accessibility No issues with the proposed access  Specialty/resource needs No additional resources are needed at this time; the PD already services the area to the east Wastewater  Distance to Sewer Services +/- 340 Ft.  Sewer Shed North McDermott Trunkshed  Estimated Project Sewer ERU’s See application information  WRRF Declining Balance 13.59  Project Consistent with WW Master Plan/Facility Plan Yes  Impacts/Concerns This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 Water  Distance to Water Services +/- 500 Ft.  Pressure Zone 1  Estimated Project Water ERU’s See application information  Water Quality This development will require significant off-site utility improvements to connect to existing water system mainlines. In the early phases of this development, water demand will be low, and resident time of water in the system may be several days. This will make it difficult to maintain residual chlorine levels. This problem will decrease as homes are built and demand increases. This can also be mitigated by requiring looping of the water mains to allow water to move through the development to areas of higher demand, and by system flushing.  Project Consistent with Water Master Plan Yes  Impacts/Concerns Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. Meridian City Council Meeting Agenda April 18, 2019 – Page 86 of 118 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Trilogy Development, Inc. – 9839 W. Cable Car St. #101, Boise, ID 83709 B. Owner: Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC – 9839 W. Cable Car St., Ste. 101 Boise, ID 83709 Kenneth P. Goldbach & Melynda A. Maxwell – 4455 N. McDermott Rd., Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 18, 2019 – Page 87 of 118 Page 5 C. Representative: Bob Taunton, Taunton Group, LLC – 2724 S. Palmatier Way, Boise, ID 83716 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 3/15/2019 Radius notification mailed to properties within 300 feet 3/12/2019 Public hearing notice sign posted on site 3/21/2019 Nextdoor posting 3/12/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 125.68 acres of land with an R-8 zoning district for the development of 401 single-family detached residential homes. Comprehensive Plan (https://www.meridiancity.org/compplan): The Future Land Use Map (FLUM) designation for this property is Medium Density Residential (MDR). The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential detached homes at a gross density of 4.15 units/acre (or 3.42 units/acre including the future right- of-way easement for SH-16 and the land reserved for a fire station and service center) are proposed to develop on this site consistent with the MDR designation. Transportation: The Master Street Map (MSM) depicts a planned north/south residential collector street along the western boundary of this site at the half mile between N. McDermott & N. Star Rd. as proposed on the plat consistent with the MSM. Note: With approval of the school site to the south (i.e. Owyhee High School and future elementary school), the Developer committed to construct the collector street from McMillan Rd. to the north boundary of the school site (i.e. the subject property’s south boundary) to be substatially complete prior to issuance of the Certificate of Occupancy for the High School anticipated to open in the Fall of 2021. This access is needed in order to provide the school with two (2) points of public street access as required by the Fire and Police Departments. The Applicant and West Ada School District plan to enter into a binding agreement for such improvements upon annexation of the subject property. State Highway 16 is planned to extend in the future from W. Chinden Blvd. to the south to I-84 across the eastern portion of this site within a 300’ wide easement west of N. McDermott Rd. An overpass is conceptually planned on W. McMillan Rd. over the future SH-16. The future right-of-way and slope easements needed for these improvements are depicted on the plat included in Section VII.B although the design of these improvements are still in process and are not yet finalized. ITD has programmed funding for preliminary engineering and right-of-way acquisition on SH-16 between I-84 and SH-20/26/Chinden Blvd. (FY2019-2023 Regional Transportation Improvement Program Key Number 208158); however, construction is unfunded. Proposed Use Analysis: Single-family detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8 zoning district. Meridian City Council Meeting Agenda April 18, 2019 – Page 88 of 118 Page 6 Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) Only one housing type, single-family detached homes, is proposed within this development; however, there are a mix of 5 different lot sizes proposed (i.e. 38’ wide rear load, 40’, 50’, 60’ and 70’+); Staff is unaware if the homes will be owner occupied or rental units.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is not currently in close proximity to any employment or shopping centers; however, a large medical campus including medical offices, a hospital, surgical center and emergency room, and other office uses are planned a mile to the north near the SH-16/Chinden intersection. The proposed development will provide housing options for this area and the adjacent mixed use designated land.  “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The proposed plat depicts a north/south collector street along the west boundary of this site consistent with the MSM.  “Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.E that complies with the minimum UDC standards listed in UDC 11-3G-3.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is contiguous to the City and urban services can be provided to this development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access is proposed via W. McMillan Rd., an arterial street; two accesses are proposed via the collector street; Staff is of the opinon the proposed accesses are appropriate for this development.  “Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) VRT’s long-term plan (ValleyConnect 2.0) does not include any service in this area.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Pedestrian pathways are depicted on the landscape plan throughout the development. A segment of the City’s multi-use pathway system is planned along the Five Mile Creek which bisects this site (east/west) that will assist in providing connectivity between developments and to the school site to the south.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD to plan for the future extension of SH-16 across the eastern portion of this site.  “Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) Pedestrian walkways are proposed internally throughout the development and a segement of the City’s multi-use pathway system is proposed off-street along the Five Mile Creek. Meridian City Council Meeting Agenda April 18, 2019 – Page 89 of 118 Page 7 Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 zoning district and proposed development and density is generally consistent with the MDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property to the south and east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. Although the proposed annexation area is contiguous to City annexed property, it is located at the far west periphery of the City; annexation of this property would further the sprawl in this area. A previous development (i.e. Copperbrook Subdivision) was denied on this site in 2015 based on Council’s decision that it was not in the best interest of the City to annex the property at that time based on comments from the public hearings. Reasons for denial discussed at the hearing were that they wanted the City to develop from the inside out, rather than the outside in; and concern that stretching City services out west of McDermott would take away services to existing residents and open up another square mile for development. Since that time, the property directly to the south was annexed for the development of a high school. A lot for a fire station is proposed with this development which would assist is providing services for this development as well as the surrounding area. For this reason and because the City Council approved the annexation of the school property to the south, staff is supportive of the proposed annexation. B. PRELIMINARY PLAT The proposed preliminary plat consists of 401 building lots, 55 common lots and 5 other lots consisting of (4) lots reserved for ITD for future right-of-way (ROW) for the construction of SH-16 and (1) lot reserved for the City for construction of a future fire station and service center on 117.10 acres of land in the R-8 zoning district. The minimum lot size for the development is 4,000 square feet (s.f.) with an average lot size of 6,002 s.f. Five (5) different sizes of lots are proposed (i.e. 4K, 5K, 6K, 7K, and 8K square feet) for the development of traditional front-loaded lots and rear-loaded alley lots. A lot size rendering is included in Section VII.D that demonstates the variety of lots proposed within the development. Note: It came to the attention of Staff after scheduling this application for hearing that NMID actually owns the land on which the the Five Mile Creek is located that bisects this property instead of only having an easement which is typical. Prior to the City Council hearing, the Applicant should revise the preliminary plat (and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). Phasing Plan: The subdivision is proposed to develop in 9 phases as shown on the phasing plan in Section VII.B. The first phase is in the northern portion of the development and will include a 2.11 acre park with a playground, picnic shelter and pathway at the entry of the development off McMillan Rd. The second phase is in the southern portion of the development and includes a 2.73 acre park with a playground, picnic shelter and pathways off N. McCrosson Ave. Outparcel: There is a 0.43 of an acre out-parcel that contains a residence at the northeast boundary of the site. Staff has verified it is an “original parcel of record” as defined by UDC 11-1A-1. As such, it’s not required to be included in the proposed subdivision but will create an enclave. The Applicant stated in their narrative that they have spoken to the property owners and they declined to sell their property or be included in the subject annexation and preliminary plat application; they also do not wish to have a sidewalk on their property along McMillan Rd. Meridian City Council Meeting Agenda April 18, 2019 – Page 90 of 118 Page 8 Existing Structures: There are four existing homes and accessory structures on this site. The two existing homes on Parcel #S0432110100 and #S0432110500 within the future ROW area for SH-16 are now owned by the Developer and are being leased back to the previous owners until such time as right-of-way acquisition occurs for SH-16 and/or the construction of SH-16 commences; the other two existing homes outside of the ROW will be removed with development. These homes should not be expanded or enlarged. Existing homes that are proposed to remain are required to hook up to city water and sewer service within sixty (60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-8. The Applicant requests a waiver of this requirement as ITD right-of-way acquisition is about to commence and the homes will either be removed upon acquisition of ROW or with construction of SH-16. Existing Easements: There is an existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the plat that should be relinquished and/or vacated (as applicable) prior to signature on the final plat for the phase in which they are located. The Applicant should submit copies of easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. Fire Station: A 3.84 acre lot is designated at the southwest corner of the site for a City fire station and equipment service facility. The transfer to the Fire Dept. will be a combination donation and purchase transaction to take place at the time of recording the final plat that includes the lot. A condtional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. Dimensional Standards (UDC 11-2) The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Lots 15 and 16, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30- foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a chord measurement. Subdivision Design & Improvement Standards (11-6C-3): Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required, which includes streets (including alleys), easements and block face. The proposed plat appears to be in compliance with these standards except for a couple of blocks that exceed the maximum length of 750’ without an intersecting street or alley as follows:  The face of Block 2 that fronts on W. Mill Creek Dr. and abuts the south side of the Five Mile Creek (790’+/-); and,  The face of Block 2 and Block 7 that fronts on W. Redwood Creek Dr. that abuts the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively). The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the case in all three of these cases. Staff recommends Council approval the block face of these 3 blocks as proposed. North Arroyo Creek Ave. and N. Carmel Creek Ave. on the northern portion of the site are proposed as 28’ public streets, which require sidewalks to be provided on each side of the street per UDC 11-3A-17. Meridian City Council Meeting Agenda April 18, 2019 – Page 91 of 118 Page 9 If sidewalks aren’t desired, these streets should be constructed as alleys; signage should be provided at each end of the alleys for addressing purposes. Access (UDC 11-3A-3, 11-3H-4): One (1) full access is proposed via W. McMillan Rd., an arterial street, at the project’s north boundary and two (2) full accesses are proposed via N. McCrosson Ave., the proposed collector street, at the project’s west boundary. A secondary emergency access is proposed following the sewer alignment from McDermott Rd. and the future W. Deer Creek Dr. Direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and should have direct access via N. McCrosson Ave. A crossing is proposed over the Five Mile Creek at the ¼ mile between N. McDermott Rd. and N. McCrosson Ave. A stub street, N. Glassford Way, is proposed to the south for future extension and interconnectivity with the school site (Owyhee High School). Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings based on the number of bedrooms per unit [i.e. 1-bedroom requires 2 per unit with at least 1 in an enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad; 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad(s); and 5+ bedroom units require 6 spaces per unit with at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad as set forth in UDC Table 11-3C-6]. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) per the standards listed in UDC 11-3B-12C. Internal pedestrian walkways are proposed throughout the development linking the neighborhood to the common areas and amenities. A 10-foot wide segment of the City’s multi-use pathway is proposed along the west boundary of the site within the street buffer along N. McCrosson Ave. from the south boundary of the site to the north boundary of the Five Mile, continuing to the east along the north side of the creek to N. Glassford Ave. and then to the north through the site to McMillan Rd. for access to the future overpass over SH-16. The Park’s Dept. recommends the pathway continues from Glassford to the east boundary of the site consistent with the Pathways Master Plan. Prior to submittal of the final plat for City Engineer signature, a public access easement should be submitted for the multi-use pathway; coordinate the details with Kim Warren, Park’s Department (208-888-3579). No landscaping is depicted adjacent to the multi-use pathway along the creek; minimum 5-foot wide landscape strips are required to be provided along each side of the pathway landscaped per the standards listed in UDC 11-3B-12C – if NMID will not allow any or all of the landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and associated landscaping as needed. Sidewalks (UDC 11-3A-17): Sidewalks are required within the development in accord with the standards listed in UDC 11-3A-17. The proposed plan depicts sidewalks in accord with UDC standards, except for along N. McDermott Rd. where a minimum 5-foot wide detached sidewalk is required; the plans should be revised accordingly. Although the sidewalk will eventually be torn out when SH-16 is extended, it will likely be many years before this occurs as the project is currently unfunded and right-of-way has not yet been acquired for the extension. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E and 11- 3B-7C. Meridian City Council Meeting Agenda April 18, 2019 – Page 92 of 118 Page 10 Six-foot wide parkways are proposed on the portion of the development north of the Five Mile Creek; root barriers that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade are required. Trees within the parkway are restricted to Class II trees. If 8-foot wide parkways are provided, root barriers are not required. Landscaping (UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district and landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is required along W. McMillan, an arterial street; a 20-foot wide buffer is required along N. McCrosson Ave., a collector street; and a 35-foot wide buffer is required adjacent to N. McDermott Rd./ future SH-16, an entryway corridor as proposed. The street buffer landscaping depicted on the landscape plan in Section VII.C far exceeds UDC standards. Note: Because the ultimate plan is for a state highway to be constructed along the project’s east boundary and an appropriate street buffer is proposed for the highway, staff does not recommend an additional buffer is required along McDermott Rd. as it would just need to be removed when the highway is constructed. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 9.65 acres) of the developed site is required to be provided for qualified open space based on 96.54 acres (excluding the ITD easement for SH-16 and the 3.84 acre parcel reserved for the City to construct a future fire station and service center) per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted as shown in Section VII.E that depicts 14.01 acres (or 12%) of open space; however, Staff has determined based on the qualifications for open space listed in UDC 11-3G-3B, some of the areas counted do not qualify while others that do qualify aren’t counted. Staff has requested the Applicant revise the exhibit accordingly but has not yet received a revised plan in order to determine consistency with UDC standards, although it appears adequate qualified open space is proposed. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. Qualified Site Amenities (UDC 11-3G): A minimum of five (5) qualified site amenities are required to be provided for the development based on 117.10 acres of land per the standards listed in UDC 11-3G-3C. Amenities are proposed as follows: a swimming pool with a playground, picnic shelter and ½ basketball court in the 2.11 acre park at the entry to the development from McMillan Rd. in the northern portion of the development; another playground and picnic shelter in the 2.64 acre park at the entry of the development from McCrosson Ave. in the southern portion of the development; a picnic shelter in the 0.97 acre park also in the southern portion of the development; a long segment of the City’s multi-use pathway system along the west boundary of the southern portion of the development running along the north side of the Five Mile Creek to N. Glassford Way and north to McMillan Rd.; and many internal pedestrian pathways in excess of UDC standards. Waterways (UDC 11-3A-6): All ditches, laterals, canals or drainage courses lying on the subject property are required to be piped or otherwise covered unless improved as a water amenity or linear open space in which case they may remain open as set forth in UDC 11-3A-6. The Five Mile Creek is located off-site between the north and south portions of this development on land owned by NMID; the Irrigation District’s easement is a minimum of 100 feet (50 feet from centerline each direction). The creek should be protected during construction as set forth in UDC 11-3A-6B.1. The Noble Lateral is piped and runs along the east boundary of the site within a 30-foot wide easement. Meridian City Council Meeting Agenda April 18, 2019 – Page 93 of 118 Page 11 The McFadden Drain (shown on City maps as the Five Mile Creek) runs along the south boundary of this site on the adjacent property within an 85-foot wide easement (50’ left and 35’ right facing downstream). All irrigation easements for the Five Mile Creek, McFadden Drain and/or other facilities that encroach on this site should be depicted on the plat. If the easement is wider than 10 feet it’s required to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. Any encroachments within NMID’s easements will require a License Agreement. Floodplain: Many of the building lots adjacent to the Five Mile creek lie within the floodplain (i.e. FEMA Flood Zone A). A floodplain development permit is required to be obtained from the City Public Work’s Department prior to development occurring within the floodplain. Fencing (UDC 11-3A-6, 11-3A-7, 11-3H-4D): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6, 11-3A-7 and 11-3H-4D. Fencing is proposed on the landscape plan as follows: 5-foot tall wrought iron fencing is proposed along the rear of building lots adjacent to the Five Mile Creek and the McFadden Drain; 4-foot tall vinyl fencing is proposed adjacent to internal common areas not visible from a public street and pathways; and a 6-foot tall vinyl fence is proposed along the perimeter of the development and adjacent to common areas that are visible from a public street. A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the east boundary of the site adjacent to N. McDermott Rd./future SH-16 as noise abatement for residential properties from the future state highway as required by UDC 11-3H-4D (see exhibit in Section VII.C). An exhibit should be submitted with the final plat applications for Phases 5 and 9 (i.e. the phases containing lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 to ensure the top of the berm/wall combination is a minimum of 10 feet higher than the elevation at the centerline of the state highway as required. A 6-foot tall vinyl fence is proposed along the rear of building lots abutting the street buffer along future SH-16 which will create a 15-foot wide corridor hidden between two fences/walls that may create CPTED (Crime Prevention through Environmental Design) safety issues and possibly maintenance issues for landscaping between the two fences. Staff recommends the 6-foot tall closed vision fence is removed and a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. Staff recommends fencing (chain-link or wrought iron) is constructed on the south side of the multi-use pathway along the Five Mile Creek for public safety that complies with the standards listed in UDC 11- 3A-6C. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Meridian City Council Meeting Agenda April 18, 2019 – Page 94 of 118 Page 12 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. Contours should be depicted on the plat for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C [i.e. slopes are required to be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance]. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached structures as shown in Section VII.G. A variety of 1- and 2-story homes are proposed with a combination of front and rear entry garages in an assortment of building materials. Because the rear and/or sides of 2-story structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, will be highly visible, Staff recommends they incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. Meridian City Council Meeting Agenda April 18, 2019 – Page 95 of 118 Page 13 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda April 18, 2019 – Page 96 of 118 Page 14 Meridian City Council Meeting Agenda April 18, 2019 – Page 97 of 118 Page 15 Meridian City Council Meeting Agenda April 18, 2019 – Page 98 of 118 Page 16 Meridian City Council Meeting Agenda April 18, 2019 – Page 99 of 118 Page 17 Meridian City Council Meeting Agenda April 18, 2019 – Page 100 of 118 Page 18 B. Preliminary Plat (date: 2/12/2019) & Phasing Plan Meridian City Council Meeting Agenda April 18, 2019 – Page 101 of 118 Page 19 Meridian City Council Meeting Agenda April 18, 2019 – Page 102 of 118 Page 20 C. Landscape Plan (date: 2/14/2019) Meridian City Council Meeting Agenda April 18, 2019 – Page 103 of 118 Page 21 Meridian City Council Meeting Agenda April 18, 2019 – Page 104 of 118 Page 22 D. Lot Size Rendering (dated: 2/14/19) Meridian City Council Meeting Agenda April 18, 2019 – Page 105 of 118 Page 23 E. Qualified Open Space Exhibit (dated: 2/12/19) – NOT APPROVED Meridian City Council Meeting Agenda April 18, 2019 – Page 106 of 118 Page 24 F. Parks and Pathways Meridian City Council Meeting Agenda April 18, 2019 – Page 107 of 118 Page 25 G. Conceptual Building Elevations/Perspectives (dated: 1/10/19) Tresidio: Meridian City Council Meeting Agenda April 18, 2019 – Page 108 of 118 Page 26 Biltmore Elevations: Meridian City Council Meeting Agenda April 18, 2019 – Page 109 of 118 Page 27 Meridian City Council Meeting Agenda April 18, 2019 – Page 110 of 118 Page 28 VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, the Applicant shall revise the preliminary plat (and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). A revised qualified open space exhibit shall also be submitted prior to the City Council hearing that complies with the standards listed in UDC 11-3G-3B. A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat and phasing plan, landscape plan and conceptual building elevations included in Section VII and the provisions contained in the staff report. b. The Developer shall construct a mid-mile collector street (N. McCrosson Ave.) from W. McMillan Rd. to the north boundary of the school property to the south (approximately 1,970’+/-) with the first phase of development. c. The Developer shall construct pedestrian walkways along the entire frontage of the site adjacent to N. McCrosson Ave. and W. McMillan Rd. with the first phase of development for safe access to the school site to the south for children walking to school. d. The Developer shall continue to coordinate with the Idaho Transportation Department as development occurs to ensure adequate area is provided for the future construction of SH-16, the overpass on McMillan Rd. over future SH-16, and other associated improvements. e. A 10-foot wide multi-use pathway shall be constructed on this site as required by the Park’s Department in accord with the Pathways Master Plan with landscaping along either side of the pathway as set forth in UDC 11-3B-12C. f. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. g. The existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall hook up to city water and sewer service within sixty (60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-8 unless otherwise waived by City Council. At such time, as municipal services are provided, the property shall be disconnected from private systems. The Applicant is requesting a waiver of this requirement as ITD right-of-way acquisition is about to commence. h. The existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall not be expanded or enlarged. Meridian City Council Meeting Agenda April 18, 2019 – Page 111 of 118 Page 29 i. The Developer shall provide noise abatement along the east boundary of the site adjacent to future SH- 16 as set forth in UDC 11-3H-4D for residential uses adjoining state highways. j. The rear and/or sides of structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. k. The Developer shall coordinate with the Meridian Fire Department on a combination donation and purchase transaction for Lot 2, Block 7 for the development of a future fire station and equipment service facility. The transfer to the Fire Department shall take place with recordation of the final plat phase that includes Lot 2, Block 7. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Include a note stating direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and shall have direct access via N. McCrosson Ave. b. On the 57-foot wide typical street section detail on Sheet PP-2, depict root barriers for the 6-foot wide parkways that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade. c. Depict a typical street section detail for the 20-foot wide alleys. d. Depict contours for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C [i.e. slopes are required to be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance]. e. Depict irrigation easements for the Five Mile Creek, McFadden Drain (shown on City maps as the Five Mile Creek), and any and all other facilities that encroach on this site. If the easement is wider than 10 feet it shall be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. f. N. Arroyo Creek Ave. and N. Carmel Creek Ave. shall be alleys instead of 28’ public streets and shall comply with the standards listed in UDC 11-6C-3B.5. g. Lots 15 and 16, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30-foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40 -feet wide measured as a chord measurement. h. The face of Block 2 that fronts on W. Mill Creek Dr., east of N. Glassford Way, abutting the south side of the Five Mile Creek (790’+/-); and, the face of Blocks 2 and 7 that fronts on W. Redwood Creek Dr. that abut the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively) exceed the maximum block length of 750’ without an intersecting street or alley per UDC 11-6C-3F; revise accordingly unless otherwise approved by City Council. The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the situation in all three of these cases. Staff recommends Council approve the block faces as proposed. i. A 5-foot wide detached sidewalk is required along N. McDermott Rd. in accord with UDC 11-3A-17. Meridian City Council Meeting Agenda April 18, 2019 – Page 112 of 118 Page 30 3. The landscape plan included in Section VII.C shall be revised as follows: a. The “Ninemile” creek and associated easement should be named “Five Mile” creek. b. A detail shall be included for Phases 5 and 9 (i.e. the phases containing the lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 in relation to the top of the berm/wall verifying it’s a minimum of 10 feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. c. Minimum 5-foot wide landscape strips are required to be provided along each side of the multi-use pathway landscaped as set forth in UDC 11-3B-12C; if NMID will not allow landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and/or associated landscaping as necessary. d. Class II trees shall be planted within 6-foot wide parkways along with shrubs, lawn or other vegetative groundcover in accord with UDC 11-3B-7C. e. Depict fencing (chain-link or wrought iron) on the south side of the multi-use pathway along the Five Mile Creek for public safety that complies with the standards listed in UDC 11-3A-6C. f. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. g. Extend the multi-use pathway along the north side of the Five Mile Creek from N. Glassford Way to the east boundary of the site consistent with the Pathways Master Plan. h. Depict a 5-foot wide detached sidewalk along N. McDermott Rd. in accord with UDC 11-3A-17. 4. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the plat and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. 5. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. 6. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. 7. All existing structures are required to be removed prior to City Engineer signature on the final plat for the phase of development in which they are located. 8. Submit a detail of the children’s play equipment and picnic shelters with the final plat application. 9. Install signage at each end of the alleys (currently depicted as N. Arroyo Creek Ave. and N. Carmel Creek Ave.) for addressing purposes for lots that front on mews. 10. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway; coordinate the details of the easement with Kim Warren, Park’s Department. Meridian City Council Meeting Agenda April 18, 2019 – Page 113 of 118 Page 31 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 The water system as proposed does not connect to the City's distribution system. A water main connection will not be made to the east on McMillan Road, east of N. Glassford Avenue, due to the planned SH-16 grade separation. A 12-inch water main connection will need to be made parallel with the sanitary sewer mainline, to the proposed 12-inch water main to be constructed by the Owyhee High School project in McDermott Rd. An 8-inch water main connection will need to be made to the south on the proposed Glassford Way to the proposed 12-inch main to be constructed by the Owyhee High School project. 12-inch water main needs to be constructed along the entire west boundary on McCrosson Ave across Five Mile Creek and connecting to the proposed water main to the south to be built be Owyhee High School Project. An 8 inch flush line needs to be constructed at the crossing of Five Mile Creek at McCrosson Ave. Phasing as proposed will require significant off-site improvements to connect water. Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. 1.3 The west property boundary is also the sanitary sewer trunkshed boundary, therefore this development does not need to stub sewer to the west. Remove sewer main stub in W Quintal Street. The following sewer manholes have less than 3' of cover: SSMH A16 and F5-7. The southern portion of subdivision has multiple sewer design flaws. Sewer mains in Mill Creek Drive, Brandy Creek Ave, Buffalo Creek Drive and Battle Creek Avenue all dead end and do not connect east to the mainline in McDermott Road. Sewer in N Magical Creek Way dead ends and does not connect to the rest of the system as well. There are no sewer mains to service Block 2, lots 3-5 and Block 4, lots 2-3. 1.4 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 1.5 The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on-site infiltration pits are conveyed to the home builders, and that they are closely adhered to. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 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 Meridian City Council Meeting Agenda April 18, 2019 – Page 114 of 118 Page 32 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda April 18, 2019 – Page 115 of 118 Page 33 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 The design 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse 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 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. 2.23 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, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/164180/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/163880/Page1.aspx E. PARK’S DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?dbid=0&id=164267&page=1& F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/163825/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction. Meridian City Council Meeting Agenda April 18, 2019 – Page 116 of 118 Page 34 H. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/162580/Page1.aspx I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161961/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/162390/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) A report has not yet been received from ACHD. L. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/164142/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex and develop the subject 117.10 acre property with R-8 zoning consistent with the associated FLUM designation of MDR for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds the proposed map amendment and development complies with the purpose statement of the residential district in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential and school uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. Staff finds the proposed annexation is in the best interest of the City. Meridian City Council Meeting Agenda April 18, 2019 – Page 117 of 118 Page 35 B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Staff finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; Staff finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Staff finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; Staff finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Staff is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda April 18, 2019 – Page 118 of 118