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2020-07-28 Regular Meeting
CITY COUNCIL REGULAR C�, MEETING MINUTES WE IDIAN:--- 41 City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 28, 2020 at 6:00 PM — Called to order at 6:10 pm Limited seating is available at City Hall Consider joining the meeting virtually: https://us02web.zoom.us/j/83012205715 or call 1-669-900-6833 Webinar ID 830 1220 5715 Item 1: Roll-Call Attendance X Liz Strader X Joe Borton X Brad Hoaglun _X Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E.Simison Item 2: Pledge of Allegiance Item 3: Adoption of Agenda — Adopted as Amended (Item 10) Item 4: Future Meeting Topics Item 5: Resolutions [Action Item] A. Resolution No. 20-2220: A Resolution Appointing Natalie Schofield and Thomas Vannucci to the Meridian Arts Commission - Approved Item 6: Action Items A. Request to Withdraw Application of Franklin Storage (H-2020- 0033) by Franklin Storage, LLC — Request Accepted. Application Withdrawn B. Public Hearing for Gyro Subdivision (H-2020-0061) by Tealey's Land Surveying, Located at 3030 E. Magic View Dr. - Approved 1. Request: A Short Plat consisting of 2 buildable lots on 0.97 acres of land in the L-O zoning district. C. Public Hearing for Delano Subdivision (H-2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. - Approved 1. Request: Annexation & zoning of 15.22 acres of land with R-8 (2.76 acres), R-15 (8.82 acres) and R-40 (3.64 acres) zoning districts; and, 2. Request: A Preliminary plat consisting of 66 single-family residential building lots, 1 building lot for a future multi-family development, 8 common area lots and 2 other (common driveway) lots. D. Public Hearing for Hill's Century Farm North (H-2020-0080) by Kody Daffer, Brighton Development, Inc., Generally Located South of E. Amity Rd. and East of S. Eagle Rd. - Approved 1. Request: Modification to the Existing Development Agreement (Inst. #2020-059662 — provision #5.1g) to allow building permits for the commercial portion of the development to be issued prior to subdivision of the property. E. Public Hearing for Quartet Northeast (H-2020-0017) by Brighton Development, Inc., Located at 4020 & 4340 N. Black Cat Rd. - Approved 1. Request: Annexation of a total of 68.73 acres of land with R-8 (48.42 acres) and C-G (20.31 acres); and, 2. Request: A Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots, and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. F. Public Hearing for Quartet Southeast (H-2020-0018) by Brighton Development, Inc., Located at 4020 and 4340 N. Black Cat Rd. - Approved 1. Request: Annexation of a total of 22.26 acres of land with an R-8 zoning district; and, 2. Request: A Preliminary Plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Item 7: Ordinances [Action Item] A. Ordinance No. 20-1886: An Ordinance (H-2020-0030 — McKay Farms Subdivision) for Annexation of a Parcel Located in the NE 1/4 of the SE '/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.501 Acres of Land From RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date - Approved Item 8: Development Agreements [Action Items] A. Development Agreement for McKay Farm Subdivision (H- 2020-0030) with HBU Investments, LLC (Owner) and Fairbourne Development, LLC (Developer), Located at 5875 S Eagle Rd. - Approved Item 9: Future Meeting Topics Item 10 [Amended onto Agenda]: Executive Session per Idaho Code 74- 206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer In to Executive Session: 10:59 pm Out of Executive Session: 11:38 pm Meeting Adjourned at 11:38 pm Meridian City Council July 28, 2020. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, July 28, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Sonya Allen, Alan Tiefenbach, Clint Dolsby, Dale Bolthouse, Tracy Basterrechea, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: __X__ Liz Strader __X__ Joe Borton __X__ Brad Hoaglun __X__ Treg Bernt __X__ Jessica Perreault __X__ Luke Cavener __X__ Mayor Robert E. Simison Simison: All right. Council, I will call this meeting to order. It is Tuesday, July 28th, 2020, at 6:10 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda Simison: Item No. 3 is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It looks like we are going to have to add another Executive Session after the last line and I'm going to get that real quick. I didn't print this out. So, it would be -- I -- do we make it Item 10? Is Item 10 where we want to put the Executive Session? Simison: Yes. Bernt: All right. So, we will add Executive Session per Idaho Code 74-206A(1)(a). I just want to confirm that with Bill that I got the -- the Idaho Code correct. Simison: That is correct. Meridian City Council July 28, 2020 Page 2 of 81 Bernt: Okay. With that I move that we approve the agenda as amended. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as amended. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Item 4: Future Meeting Topics Simison: Mr. Clerk, did we have anybody sign up under Item 4? Johnson: Mr. Mayor, the only sign up was for an agenda topic later on the agenda. Item 5: Resolutions [Action Item] A. Resolution No. 20-2220: A Resolution Appointing Natalie Schofield and Thomas Vannucci to the Meridian Arts Commission Simison: Okay. So, we will move on to Item 5-A, a Resolution No. 20-2220, appointing Natalie Schofield and Thomas Vannucci to the Meridian Arts Commission. Council, as has been -- Perreault: Mr. Mayor? Simison: -- the history -- Perreault: We can't hear you. Simison: Council, can you hear? Can you hear me now sort of? This is going to be a fun night. Bernt: Not really. Simison: Chris, just let me know -- you guys keep telling -- I will talk until you guys can give me thumbs up that things are going well. The Yankees are doing quite well this year. I think that they are going to win the World Series. What do you say, Mr. Nary? Do you agree. Nary: I totally agree. Simison: Totally agree. Does this mic sound any better? Meridian City Council July 28, 2020 Page 3 of 81 Cavener: That sounds much better, Mayor. Simison: All right. We will move over to this mic and move forward. As has been the custom history of commissions, I sat down with the chair of the Arts Commission Leslie Mauldin and we interviewed several fine candidates for the two vacancies on the Arts Commission. One is the full term and one is filling a partial seat for approximately a year. The two people I'm bringing before you for your consideration are as listed on the agenda. Natalie Schofield and Thomas Vannucci. Just to speak very briefly about each of them, Natalie is what I would -- as you can see there she is at her house, you can see the mural that's in her living room. She is a lover of art. I think that that's -- that's how I would describe her and her viewpoint and it's really bringing the non -- the non-artists to the commission to provide that general appreciation of art, which is something that's very important when you are with a lot of artists, sometimes to get the other people's opinion from that standpoint, but she -- she is very much committed and dedicated to art and is looking forward to serving the commission in that role. Tom is -- comes from a wide variety of background that -- when you look at his resume you may never realize how involved he's been in all sorts of art throughout his life and career, ranging from ballet, into, you know, some more recent artistic endeavors with Disney and others through his companies, as well as some other work that takes him from New York City to California and back again and he just happens to be located here in Meridian, Idaho, and is looking for a place to put his wide variety of artistic endeavors into place for the Commission. So, I bring these both to you for your consideration. I would be happy to answer any questions you have and if the motion is successful I will open it up for either one of them to provide some comment. If not, I would entertain a motion. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Very pleased to make a motion on this. I'm so excited to see what the Meridian -- what the Art Commission has been doing and the growth of the art community in -- in our city. It's wonderful to see and I know our community appreciates the good work of the commission. So, Natalie and Tom, we appreciate both of you being willing to volunteer and provide your time and talents to the commission. Mr. Mayor, I move that we approve Resolution 20-2220, appointing Natalie Schofield and Thomas Vannucci to the Meridian Arts Commission. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it . Meridian City Council July 28, 2020 Page 4 of 81 Bernt: Congratulations. Simison: Congratulations. We will do ladies first. Natalie, if you have any comments you would like to say to the Council at this point in time. Schofield: Thanks for having me. I'm excited to be a part of the Arts Commission and serve our lovely city. I love Meridian and am excited to be a part of it. Thank you. Simison: Thank you. Tom, same to you. Vannucci: Thank you. I echo Natalie's sentiments and particularly I'm most excited to have an opportunity at -- at this growth period of time for our city and I think what a wonderful time to -- for all intents and purposes get in on the ground floor. So, I'm really excited as how we are growing and bringing the arts and culture to life. Simison: Excellent. Well, thank you both. Again congratulations and I know they are eager to get you to work. So, look forward to having you at the first meeting and Councilman Borton will make sure to keep you in line. Okay. Thank you. Item 6: Action Items A. Request to Withdraw Application of Franklin Storage (H-2020- 0033) by Franklin Storage, LLC Simison: Council, moving on to Item 6-A, this is a request to withdraw an application for Franklin Storage, H-2020-0033. I would be happy to turn this over to -- is Mr. Parsons online? Is this going to be given by Alan? Parsons: Mr. Mayor, I'm here this evening. Simison: Okay. I will turn this over to Mr. Parsons. Parsons: All right. Thank you, sir. Mr. Mayor, Members of the Council, happy to be with you tonight. I will make -- keep my remarks brief, but if you recall this applicant was before you several weeks ago with a concept plan that you didn't -- originally staff had recommended that a concept plan not be tied to the development agreement. That led to some deliberations by the Council. In moving forward with a recommendation of denial the applicant was clear on the direction that you -- they wanted -- you wanted them to proceed and so rather than going forward with a denial potentially having to wait a year to come back and submit another application, they are just asking that you acknowledge their withdrawal this evening, so that they can continue to work with staff and bring back a project that you can support in the near future. So, I think they just want to keep working with staff to bring forward some industrial property to the city and a concept plan that hopefully this body will support at a later date. That's all I have and I will stand for any questions. Meridian City Council July 28, 2020 Page 5 of 81 Simison: Thank you, Bill. Council, any questions for staff at this time? If not, Mr. Nary, do we need a motion on this or -- Nary: Mr. Mayor, yes, we need a motion and a vote. Simison: Okay. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we accept the request to withdraw the application for Franklin Storage, H-2020-0033. Hoaglun: Second the motion. Simison: I have a motion and a second to accept the request to withdraw. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. the ayes have it. MOTION CARRIED: ALL AYES. B. Public Hearing for Gyro Subdivision (H-2020-0061) by Tealey's Land Surveying, Located at 3030 E. Magic View Dr. 1. Request: A Short Plat consisting of 2 buildable lots on 0.97 acres of land in the L-O zoning district. Simison: Okay. Items 6-B, a public hearing for Gyro Subdivision, H-2020-0061. I will turn this over -- I will open this public hearing with staff comments and turn this over to Alan. Tiefenbach: Thank you. Alan Tiefenbach, associate planner with the City of Meridian. Good evening, Mayor, Members of the Council. This is a short plat. The property is about just a little shy of one acre. It is zoned light office. It's located at 3030 Eastern Magic View Drive. Let's see. So, Eagle is here and this is Magic View and, then, this is South Allen here. So, again, the property is about just shy of one acre. It's consisting of one existing lot. Put some pictures up here so you can look at it, if I can get it to work. Here we go. This property was annexed in 2000. In 2002 the development agreement that was required at the time of annexation -- it was amended. The reason why they amended this development agreement was to allow a restaurant as a standalone use. Restaurants are only allowed as an accessory use in this particular zone district. There was also a conditional use that was approved in 2002 to allow a drive-in restaurant and, then, in 2020 there was a certificate of zoning compliance -- or, sorry, 2002 there was a certificate of zoning compliance that was approved for a Subway restaurant. This was here for a while until in 2019 there was a -- a Gyro Shack that was built and that's what you see here. Meridian City Council July 28, 2020 Page 6 of 81 Looking at the property here we are on the east and we are looking to the south . Here we are looking south and this is along South Allen Road and I took these pictures just to show you the sidewalk and the landscape buffer that exists. And, then, on East Magic View looking east, again, here is the sidewalk and the buffer. And so this present proposal was to subdivide off a lot of approximately .38 acres. That's what you see here, all this vacant land here, here, and here. Two of our conditions on this plat were for common lots or easements to be there for the required landscape buffers and also we recommended that there be a shared access easement between the two lots from East Magic View Drive, so when this is eventually sold off the access wouldn't be cut off to this. I received a plat from the applicant last night that meets the conditions. So, the easement is what you can see in these dotted lines here and this here is the cross-access -- a cross- access easement. There is an existing curb cut here that is here now. At that they have met all of staff's conditions and I will take any questions if you have any. Simison: Thank you, Alan. Council, any questions for staff at this time? Okay. Is the applicant on the call with us or present in the room? Johnson: Mr. Mayor, I cannot identify the applicant by name, so if they are here if they can raise their hand using the button or pressing star six. If you want to go in the room right there, the audio works better in there for you. Simison: And if you could state your name and address for the record, you will be recognized for up to 15 minutes. Miller: My name is Doug Miller. I reside at 14150 North Broken Horn, Boise, Idaho. 83714. Mayor and Council Members, I am the owner of the property and just here to field any questions. Everyone's done a great job with this and was trying to split the lot I purchased last year. Simison: Thank you very much. Council, any questions for the applicant? Thank you very much. This is a public hearing. Is anyone signed up to testify on this application ? Johnson: Mr. Mayor, there were no advanced signups. Simison: Okay. If there is anybody who is online that would like to provide public testimony on this item, please, do so by hitting the raise your hand -- hand function at the bottom of your screen or press star six on your phone. Give just a second. Johnson: Mr. Mayor, I want to apologize. Star nine to raise the hand. Simison: Star nine. Thank you. Seeing no one who is wishing to testify on this item, I will ask the applicant if they have any last words they would like to make, just so we are official. Miller: No, Mayor. Meridian City Council July 28, 2020 Page 7 of 81 Simison: Okay. No further comments. Thank you. Council, any questions or comments or motions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for H-2020-0061. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there a discussion on the motion/ If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After hearing all staff and applicant testimony, I move to approve H-2020-0061 as presented in the staff report for July 28, 2020. Borton: Second. Simison: I have a motion and a second to approve item H-2020-0061. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALL AYES. C. Public Hearing for Delano Subdivision (H-2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. 1. Request: Annexation & zoning of 15.22 acres of land with R- 8 (2.76 acres), R-15 (8.82 acres) and R-40 (3.64 acres) zoning districts; and, 2. Request: A Preliminary plat consisting of 66 single-family residential building lots, 1 building lot for a future multi-family Meridian City Council July 28, 2020 Page 8 of 81 development, 8 common area lots and 2 other (common driveway) lots. Simison: Item 6-C is a public hearing for Delano Subdivision, H-2019-0027. I will open this public hearing with staff comments and turn it over to Sonya. Allen: Thank you, Mr. Mayor, Members of the Council. This project was last heard by the City Council on May 12th. At that meeting Council voted to deny the project. The applicant filed a request for reconsideration of the Council's decision , which was heard and approved by Council on June 9th. The request was based on Council's failure to voice their specific concerns to the project during the public hearing, so that the applicant could respond and address those concerns. The applicant felt there was not adequate opportunity to present all of the information necessary for the Council to make an informed decision on this project. The applicant has since submitted a revised phasing plan and that is shown there on the bottom right for the development that he believes addresses the concerns of Council. A secondary emergency access driveway is proposed to be constructed from Dashwood at the north boundary to North Centrepoint Way at the southeast corner of the site with the first phase of development. Four phases are now proposed, rather than three, with the fourth and last phase consisting of seven buildable lots, which are not proposed to develop until such time as Centrepoint Way is extended to the north to Wainwright Drive. If the Council approves of this proposal a provision to that effect should be added to the development agreement. Many letters of testimony from neighbors have been received since Council's approval of the request for reconsideration, in addition to those previously received that are included in the public record. Staff will stand for any questions and if no questions turn it over to the applicant at this time. Thank you. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Was that Councilman Cavener? Cavener: It was. Thank you, Mr. Mayor. A question for -- I guess Mr. Nary. Mr. Nary, am I correct in that we are hearing this, then, like a brand new hearing? Nary: Mr. Mayor, Members of Council, Council Member Cavener, yes. So, this is like a redo of the prior hearing. So, all of this information is all part of the record. So, everything the Council heard and discussed at the prior hearing is part of the record and so, again, the -- the decision is new. Basically you have set aside your prior decision to reconsider it. You could still grant it or you could still go with a denial. You can still go with approval, make modifications. So, it is -- it is a new hearing. Cavener: All right. Thank you. Strader: Mr. Mayor? Meridian City Council July 28, 2020 Page 9 of 81 Simison: Council Woman Strader. Strader: So, I had a couple of questions for staff. On page 11 I think of the staff report I just wanted to clarify the staff recommendation. Toward the bottom of the page it says staff recommends North Dashwood Place is extended as a full access street with the first phase and I recall that ACHD recommended it can be connected as a temporary emergency access until Centrepoint is extended or within ten years. So, I just wanted to clarify -- I think I just heard staff say they are recommending it as an emergency acces s and I just wanted to clarify that that is what they are recommending. Allen: Mr. Mayor, Council Woman Strader, Council, the applicant is proposing it as an emergency access until such time as Centrepoint is extended to the north to Wainwright Drive. At that time, then, they would plat that last phase of development and -- and the street would be extended as required by ACHD and the city. Until such time it would be emergency access only. Strader: Thank you. One more, Mr. Mayor? Simison: Council Woman Strader. Strader: Could you give us a little -- I saw that the phasing that was proposed by the applicant was changed -- fourth phase or I think the last phase. Could you just give us a flavor of the staff discussion with the applicant and any concerns that may have led to that and just -- just the context for that change? Allen: Mr. Mayor, Council Woman Strader, Council, the applicant made the change in response to the discussion at the last Council hearing. Staff has really had no interaction with the applicant on that matter. Strader: Mr. Mayor, follow up? Simison: Yes. Strader: I think I -- I saw in the materials for the application a revised -- like a letter from the applicant saying that they were adding additional buildings into phase four in response to a staff concern about the possibility of phase four not being completed. That's what I was getting at, if that prompts anything or if there has just been too many changes that's okay. I just wanted to -- if there is something specific to that piece of that phase I wanted to get some context for that as well. Allen: Yes. Mr. Mayor, Council Woman Strader, I believe the applicant will address that also. But -- but, yes, staff wanted some -- a few substantial lots to ensure that that phase would actually get platted in the future and not just a couple. Strader: Thank you. Meridian City Council July 28, 2020 Page 10 of 81 Simison: Council, any further questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just to follow up on Council Woman Strader's question. Also have a question about the staff's recommendation in the original staff report and, then, ACHD's determination. In that situation, because it's staff -- in the staff report had -- had put in there that it's -- it's city code to -- to require access off a local street if it's -- if it's possible, because of city code, but because ACHD made a different recommendation, is it, essentially, up to us as Council to determine which route to go or maybe that's a question for Mr. Nary as well. Allen: Mr. Mayor, Council Woman Perreault, Council, are you referring to the local street access to the property that's in the county that -- or in the Boise city to the east that's developing as an assisted living facility? I'm unsure what you are referencing, Council Woman Perreault. I'm sorry. Perreault: That's okay. I'm referencing the connection of Dashwood to -- instead of using it as an -- so, ACHD recommended emergency access until Wainwright goes through -- excuse me -- until Centrepoint goes through and/or ten years. That was what was recommended by ACHD, but in the staff report staff had -- had cited code regarding access taken off of the local street, instead of Centrepoint as the collector. Allen: I'm sorry, Council Woman Perreault, I'm still not unsure -- I'm still unsure what you're -- what you are referencing. Dash -- Dashwood is a public street -- maybe this answers your question -- and it's -- as such it's required to be extended -- I'm sorry. Simison: Maybe it might be good to hear from the applicant on these items where they can address it in their comments. Allen: Thank you, Mr. Mayor. Simison: Anything further for staff at this time? Okay. Then we will turn this over to the applicant. Mr. Clark, you are recognized for 15 minutes. Clark: Thank you, Mr. Mayor. Hethe Clark. 251 East Front Street. And doing my best not to wear out my welcome. Appreciate everybody willing to listen to this and try to get to a -- to a good outcome here. Address for the record 251 East Front Street in Boise. Let me go ahead and share a quick presentation with each of you. So, to just kind of give you a quick reminder -- and there is no reason to dive too far into these details , because everyone has looked at this from just about every angle , except for the one that we are going to discuss tonight. So, as a reminder this is the location of the property, again, near major transportation corridors and Eagle Road and Ustick. Shopping within walking distance. And, you know, most importantly it is in-fill development. You can see that the Meridian City Council July 28, 2020 Page 11 of 81 entire square mile is built out, including the areas that are right near us, other than the long parcel, which is to the northeast. The area in red is the Brickyard and the senior center that the city of Boise approved in the past few weeks. The area in purple has just been recently acquired and our project is the area in yellow. As a reminder, the project not only completes your water and sewer loop, but it is precisely in accordance with your Comprehensive Plan, which has this area designated medium density and mixed use residential -- excuse me -- mixed use regional. Also as a reminder of how far we have come since I took over the lead on this, we have reduced the number of lots by more than 20 percent with the access down Jasmine and Centrepoint. Reduced the number of lots on the northern boundary, but still kept the single story limitation, which I think is a big deal. We reoriented the internal lot and we expanded the park . Kept it facing Alpine Pointe. We also proposed an emergency only access at Dashwood, which as you know has been a topic of discussion and debate. I don't think that there is any question about the quality of the project -- project, the density and the layout at this point. I re-listened to the Council's comments at the last hearing. Appreciated the kind -- kind comments that were made about the effort that the applicant has gone through to try to address these issues. So, let's talk about the issue at hand. When we were before you last the major issue that led to denial was the possibility of Dashwood Avenue opening before Centrepoint Way is connected. In other words, Dashwood would become a sort of de facto collector prior to Centrepoint being completed. Council Members Bernt, Borton and Strader all indicated that that was the basis of their vote. Other members of the Council, including Mayor, all indicated that that was the linchpin of the year. So , as this was previously proposed when we last spoke, ACHD was going to control that timing -- the timing of opening of Dashwood and Council was uncomfortable with that, because they didn't feel like there were adequate safeguards in place and that Dashwood would be overwhelmed if it was forced to replace Centrepoint. So, our solution is to take that control and place it firmly in the city's hands. So, rather than dedicating the Dashwood Avenue right of way to ACHD with phase one, we would hold that back as part of a new phase four. For now there would only be an emergency access at Dashwood . That would be constructed according to Meridian Fire requirements. There wouldn't be bollards. There would be pedestrian and bicycle access. We would create a new phase four, which is shown in blue on this map, and phase four would include seven loss, plus the Dashwood right of way and, Council Woman Strader, that -- Sonya -- Sonya's description of that is accurate. We would have -- we discussed it with them and they indicated that they wanted to make sure that there was adequate value in phase four, so that no one would forget about it and -- and I promise you that that will not happen with seven lots there. There is about half a million dollars worth of value with a fraction of that required to complete phase four. So, the -- no one's going to forget about it, just put it that way. So, with that here is the critical point. As a condition of our development agreement phase four would not be allowed to proceed until Centrepoint connects to Wainwright. This is a simple solution. It eliminates the issue identified by those who voted to deny the application. It is within your standard practice that you regularly condition phased development using a development agreement. The condition would run with the land and you would have a clear standard for when phase four would be released. From a practical perspective you get Centrepoint built up to that final missing link just north of our property, so that both properties can develop and aren't waiting on the other. That would address the concern that Council Meridian City Council July 28, 2020 Page 12 of 81 Member Perreault identified at the last hearing. Again, the city would have security ensuring that no one's going to forget about it, because with seven lot there is a lot of value and it won't be forgotten and the development agreement will keep the applicant and staff on track with regard to future final plats. With regard to the highway district, you have in your record response from them they have already indicated that they would agree to this proposal and no further action would be required. So, to sum that up it does put the -- put this matter back in the city's hands, gives you the control and, then, it will ensure that the concern expressed by Council Members Bernt, Borton, Strader and Council Member Hoaglun will be addressed. Now there was a companion issue that was discussed, which is, you know, what happens in the meantime. You know, can -- can the roads function until Centrepoint is connected and I want to clear up any confusion about how traffic would flow and whether the roads have capacity. So , with regard to traffic counts, remember this project has been through multiple reviews at ACHD, including when there were 20 percent more lots proposed. ACHD back in 2019 issued a letter clarifying Centrepoint's capacity and stated that Centrepoint would be at about half capacity at full build out. Dashwood at full build out also less than half capacity. And now we have 20 percent fewer lots. So, there just isn't a traffic capacity issue. The other question was, you know, whether there are ways in and out of the area and whether traffic is going to channel only in -- in one particular roadway and Council Member Perrault hit this one on the head. The Brickyard also already exists. It has far more units than what are proposed here. So, this is an existing question, but, luckily, we are not talking about a single access point out to Eagle or a single access point out to Ustick. The area is actually quite porous already as you go down to the southeast. There are multiple ways to access out to Eagle Road or Ustick, including through the adjacent shopping center, which has four roads and multiple access points onto Eagle Road and we have shown in dotted lines here the areas that will -- the roadways that will connect in the future , but in the meantime this is already a very connected area with only one segment left to complete Centrepoint. So, the way I would wrap that up is that what we have proposed here is a solution that puts the control in your hands in terms of traffic and in terms of roadway connectivity in the existing route, there is just not a basis to deny on that. ACHD has reviewed and approved it and ACHD has also approved this phase four solution that we have identified. So, let me just hit one other thing before I wrap up and there was a fair amount of conversation at the last hearing about, you know, why now and I think a lot of that was based on this idea of, you know, can we do this before Centrepoint connects and I think I have answered that question, but let me give you another -- another reason. So, I represent the group that's acquiring the property. Over the past several months I have also gotten to know the sellers, spent a fair amount of time on the phone with them. The area in which they are living is rapidly changing. The square mile is now largely built out and so if you look at this map, the only open spaces you see are owned by the church on the east across from -- from Eagle Road. You also have a little bit of open space on the northwest that is owned by Idaho Power. You have some space on the west that's owned by the school. That square mile is built out. But let me show you what the -- what the immediate area by the Cooks is going to look like here shortly. The Cooks are retired school teachers. They have lived here for a long time and the area is building up around them. The Brickyard's been constructed on their doorstep with Centrepoint stubbing right as their driveway. You know what the Brickyard looks like. We have shown you this slide Meridian City Council July 28, 2020 Page 13 of 81 a few times. It's, you know, R-40 at 22 to 30 units per acre, 215 apartments. That's on their south. On their east, you know, since we last spoke with you in May, at that point there was nothing on their -- on the east side yet, but since then Boise city has approved the Stellar Senior Living Project. It's a three and a half story project right on their eastern boundary with several hundred units. The third down -- the elevation third down is what will face the Cook's property, again about three and a half story project. Large wall. Now, remember, we worked with the City of Meridian and Boise city to get this property into your area of impact and that -- you know, that still makes sense. Boise city is now approving property -- development on the east. You know, the Brickyard is built on the south and the Cooks are severely impacted and the large lot single family residence isn't viable here any longer. They have got three and a half stories looking down on them on the east and the Brickyard looming over them on the south and they need to move on. And we think that we have proposed a project that should let that happen. This has been run through the wringer in every sense of the word. I don't know that anybody -- I can -- I will proudly admit that I have never been through as many hearings on -- on -- on an in- fill project as this one and I haven't even been to all of them. You know, for months and months we have worked at this. We have iterated. We have tried to address the city's concerns. We have tried to make the neighborhood happy and with this reconsideration we have come to you with a solution for the problem that was identified at the last hearing. In-fill development is hard. Never has that been more truly the case than in this application. There are always challenges and we think that we have overcome them in this case with a tool that is squarely within your toolbox. This is -- this is in accord with your Comprehensive Plan. We have made significant modifications to address the concerns. There are no traffic issues. This meets your code, it meets your planning, and we ask that it be approved as conditioned and so with regard to those conditions we only see one that would be modified from the staff's current condition and that has to do with Condition 1-F. This is the one that we previously spoke to and we discussed at the last hearing about whether the temporary or permanent language would be there. What we would suggest is just instructing staff to modify that condition to say that the applicant's proposed phasing plan would be adopted and as a condition of the development agreement that phase four not be allowed to be a part of a final plat and Dashwood not be opened as more than an emergency access until such time as Centrepoint Way is connected the Wainwright Drive. So, with that I appreciate your patience and I'm happy to answer any questions. Simison: Thank you, Hethe. Bernt: Mr. Mayor? Simison: Council, any questions? Mr. Bernt. Bernt: Thanks, Hethe. Got a question for you. Would you guys be willing to include the multi-family, which is currently in phase three, and include that into phase four? Clark: Mr. Mayor, Council Member Bernt, the -- you know, obviously, we -- we have to look at every -- every issue there, but I'm -- I'm not tracking why that would be necessary Meridian City Council July 28, 2020 Page 14 of 81 at this point. Are you pointing to a traffic issue or what are your -- what's the -- what's the issue you are trying to address? Bernt: Traffic. One exit, one entrance into the entire subdivision. Been my concern from the -- from the beginning, it continues to be my concern. I go to Fast Eddy's quite a bit. I know exactly which -- which entrance you are talking about. It's routine to have cars parked on both sides of that private road going through the -- I believe the apartment complex. I just -- I just don't think -- I -- I just -- I just think that that -- that that's going to be a disaster. The traffic is going to be a disaster with the multi-family included in that, so that's my concern. I have been up front with it from the beginning. I'm talking to you about it now. I'm the guy that we got concerned with that didn't bring up his concerns until the -- until the public hearing was closed. So, I'm -- I'm trying to be open as possible. Clark: No hard -- no hard feelings either, Council Member Bernt. So, let me -- let me attack this in a couple of different ways. You know, when we were at the hearing and listening, the -- the concern that was stated repeatedly was that there was going to be a traffic issue primarily for the folks at Alpine Pointe if Dashwood was open and became an alternate or de facto collector and so that's the concern that we are solving for. That's the concern that we heard at the last hearing. With regard to the question of whether there is capacity on Centrepoint, which I think is what your question is now, Council Member Bernt -- Bernt: Hethe, I am not going to argue with you about capacity. You know, I see the numbers. But I see the optics and, you know, I think those are two different things. Do I feel like there is -- that that -- that street can -- can take traffic, you know, maybe. I mean -- but when -- what it looks like now it's going to -- it's going to cause problems and -- because currently as it stands cars are able to park on both sides of the road and when you are -- when you are including, you know, 60 plus single family residence -- homes and -- and, you know, almost a hundred multi-family units on that one entrance and -- it makes it -- it makes it pretty tough, it makes it -- there is going to be a lot of traffic going in and out. That -- I'm not saying that the capacity is not there, I'm just saying that it doesn't mean that it's not going to be safe. Clark: So, I'm -- I'm -- I'm struggling a little bit with the question, Council Member Bernt, and -- and let's continue the discussion. So, when we -- when we analyze traffic questions there is an empirical basis for doing so and there is for a reason, because, you know, if we base it just on kind of perceptions we wouldn't know if -- if there was an issue or not, you know, so when we talk about it quantitatively, ACHD has specific -- as been very specific in saying that it is -- that Centrepoint's at half capacity. Now, when it comes to the rest of this, it is gridded out everywhere below us already. So, we are not talking at -- talking about just a -- a single -- call it a luge pipe, you know, for lack of a better word. You know, there is not just one way out. If you can see on the map that we have provided here there is a whole number of ways out for and that is an existing condition with Brickyard having already been approved and constructed. So, I mean what I'm trying to get at here is that if we are going to say that there is a traffic issue that requires denial , Meridian City Council July 28, 2020 Page 15 of 81 we need to -- we need to say what it is and the -- the empirical evidence that is before the Council doesn't show that to be an issue. Bernt: I guess you and I are just going to agree to disagree until the cows home, Hethe. I just think that's what it's going to have to be. I -- I get that there is multiple ways to get to the streets, like to Eagle Road and to Ustick. I get that. There is probably three or four different ways to get to those two roads from this -- this proposed project. But getting out of the project there is one way in and one way out and that's what I'm talking about. Clark: Council Member Bernt, you know, I -- I'm -- I am having a hard time figuring out how to put your mind at ease there. You know, the -- it's not just three or four, it is one, two, three, four, five, six, seven, eight connections onto Ustick and Eagle and -- Bernt: That -- that's not my concern. My concern is what happens way before then. My concern is the actual entrance and exit to the sub -- your proposed subdivision. That's where my -- that's where my concern lies. Clark: Well -- and let me also point out that it's my understanding that Fast Eddy's has a secondary access condition as well, which would also create -- and it -- I don't know if it's been built at this point, but we have reviewed the approvals and that does require a secondary access. So, that adds to the already high number of connections that are available through there. In the meantime, what you would be saying is that you are going to deny based on no -- based on -- in -- and I will just put it straight forward -- an opinion that this can't handle -- these roads -- area roadways can't handle the traffic that isn't supported by ACHD's reporting and you would be also basing it on a condition of approval that we would have to connect Centrepoint through on a third -- on third-party property up front and that's not warranted by the traffic figures and so you would be placing an impossible condition on us that doesn't have a basis for it. So -- go ahead. Perreault: I'm sorry. Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think I'm seeing -- I think I'm seeing -- I'm understanding what -- what Councilman Bernt is -- is stating and I'm understanding what you are saying, Mr. Clark, and I don't want to put words in Councilman's Bernt's mouth, but I also am very familiar with this area and when you are heading south on Centrepoint and you are going through Brickyard there is cars parked everywhere, because Brickyard truly doesn't have enough parking and they are on both sides of Centrepoint Lane as you are heading south out of Brickyard. So, it -- it's south of Delano. It's not right as you would be coming out of Delano, but as you are on Centrepoint and you are in between Brickyard, you have got kind of the office on the east -- or on the west -- west side and you have got a whole bunch of people parked everywh ere and, then, as construction has been happening on the road that -- that is going east and west between Centrepoint and Eagle Road where -- where you would access Fast Eddy's, there is also many vehicles parked on both sides of the road there and I think some of that has to do with the construction of Brickyard Meridian City Council July 28, 2020 Page 16 of 81 apartments. You have had construction vehicles parked there -- probably some of that will clear up when all of that construction is done and so I understand that there is some congestion involved in this and so I'm wondering if Councilman Bernt's concerns are really safety related and not capacity related. Clark: If I could just jump in real quickly as well. You know, I -- Council Member Perreault, it's also my understanding -- and last time I was there Brickyard is still under construction and they still -- portions of it that are staging. So, I see a lot of that as being a temporary condition that's related to the conditions for the construction of Brickyard. In the meantime, you know, when we are talking about safety issue, we are talking about sight distances and we are talking about roadway geometry and, you know, there is just not evidence of an issue like that. Yeah. And maybe one other thing to add to that is just, again, because Centrepoint is a collector roadway. You know, it's -- it's built to be large, it's built to move traffic, and in this case it's going to be moving traffic to the south on Ustick until the connection is made to Wainwright. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Clark, this isn't a great picture, but I was looking at Eagle View, which comes out -- which is just north of the flag pole part of the property and connects into Eagle Road. Yes, right in there. And it looks like that turns and comes close to the boundary of the property at the apartment complex. Is -- is that going to be -- does it not match up -- it's hard to tell on this, but is -- when -- when would that be matched up? I know Centrepoint is outside the realm of this development as it connects to Wainwright, but what are the connection possibilities to that Eagle Point, you just -- I just can't see it from here very well. Clark: Mr. Mayor, Council Member Hoaglun, thank you for the question and I will clarify that. So, the -- the dotted line that is on -- that I'm pointing at right now is within the -- the senior center property and that -- and we are stubbing into that, so that will provide another access. The senior center property has access on -- has an access onto Eagle Road. We anticipate that when the Wong property develops that there would also be a stub in this location generally that would provide for additional connectivity there. So, those dotted lines are what we anticipate with future development based on the city's standard practices for stubbing to neighboring property. Hoaglun: So, Mr. Mayor, follow up? Simison: Councilman Hoaglun. Hoaglun: Mr. Clark, if you move your cursor there to the left where the dotted line curves -- a little bit -- yeah. Then you come back down south, that curve right there just -- there seems to be a paved -- you know, it's a street right there and I didn't know if that was a Meridian City Council July 28, 2020 Page 17 of 81 connection that could be made that curves into Eagle View -- if that -- Centrepoint is extended to that point, but it sounds like that's not a possibility at this time. Clark: Mr. Mayor, Council Member Hoaglun, those two points -- I mean one is that we -- we are stubbing to the property on the east and so to further address Council Member Bernt's questions, that also provides an outlet. There -- Council Member Hoaglun, when you are talking about the area that is kind of sweeping here on the S curve, that's the piece of Centrepoint that everyone is waiting on to connect. We have committed as part of our phase one to build all of Centrepoint on our property. So, that's ready as soon as -- as possible for that connection as it -- as it moves forward and continues north, so -- but we do not control the property that's adjacent to us on the northeast and that's been kind of the crux of the issue here. Hoaglun: Right. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Clark, yeah, I was just hoping that there was a connection that looked like from this, you know, satellite view -- but it's not easy to see. It almost looked like by stubbing to your property you could almost connect to that curve that, then, loops out to -- curves around to Eagle View. So, it doesn't look like that can happen. Thank you. Clark: Mr. Mayor, Council Member Hoaglun, that -- that is what I'm -- we do have a stub to our east into the senior center and so when that -- when that develops that will provide another alternative, if that's what you are asking. Hoaglun: Okay. Thank you. Simison: Council, any further questions for the applicant? Perreault: Mr. Mayor? Simison: I missed who that was. Perreault: Mr. Mayor, it's Council Woman Perreault. Simison: Council Woman Perreault. Perreault: So, I was reading -- reading through everything again in preparation of this and I recall there being conversation about the -- the landscaping and the sidewalk on the east side, which would be, essentially, in phase three being built as part of phase one. And I apologize I don't remember what the applicant agreed to do in that regard and whether the -- the applicant was in agreement to put in that landscaping an d sidewalk in -- you know, in advance of building the multi-family and that being said, would there be any possibility of, then, going ahead and connecting that road at that time or is that -- does that not line up with -- with putting in the infrastructure and the utilities? Meridian City Council July 28, 2020 Page 18 of 81 Clark: Mr. Mayor, Council Member Perreault, that was an item that was discussed at P&Z at -- you know, at some length. We agreed at that time to build all -- you know, and confirmed that agreement to build all of Centrepoint, the entire road sections, you know, with -- with phase one. The concern that we had about doing all of the landscaping, et cetera, on the east side, you know, up against the apartments, but since they haven't been designed yet and we would have to go through a public hearing process in connection with that design, which would further subject that to change and so our concern is -- is not about -- it's not about costs or anything along those lines, it's a concern about just having throw away construction and having to redo all of that if we do it prior to the kind of normal course thing, so -- but I appreciate your point. As I see it, the -- you know, the question of the apartments would be handled at the same time. Essentially, you know, when the part -- when the apartments develop that's going to create the stub into the -- out to the east as well that's going to further address Council Member Bernt's question. So, it wouldn't be necessary until the -- until -- it wouldn't do anything until the apartments come online. Simison: Council, any additional questions for the applicant at this time? Okay. Thank you very much. Mr. Clerk, I'm going to turn this over to you, because I imagine we have a few people signed up. Johnson: Yes, sir, Mr. Mayor, we do have 34 people signed in on this hearing application. Seven indicated they wish to testify. And the first is Frank Marcos. Mr. Marcos, you are now able to unmute and turn on your camera if you wish. And it went away, but now it's coming back. Mr. Mayor, I'm not sure what the difficulty is. It's not allowing me to bring Mr. Marcos in, but he is able to unmute. Simison: He does appear to be in. Johnson: He is in now? Okay. Simison: He is in the room. And he's out. Johnson: I'm getting an error message on my screen. I'm going to keep trying here. Mr. Marcos, thanks for your patience. Mr. Marcos, this is Chris. I don't know what the issue is on this end, but it's not allowing me to change your status. If you -- we can move on to the next person. If you can leave the meeting and rejoin we will bring you in as soon as I see you back in. Mr. Mayor, next I would bring up Susie Mimura. I will change her status now. Mimura: I'm present by telephone. Can you hear me? Simison: Yes, we can. If you could state your name and address for the record. Mimura: Thank you. Susan Lynn Mimura. It's M as in Mary, I, M as in Mary, u-r-a. My address at my law firm is 3451 East Copperpoint Drive, Suite 106, Meridian. 83642. Meridian City Council July 28, 2020 Page 19 of 81 Simison: Okay. You are recognized for three minutes. Mimura: Thank you very much. Mayor, Council Members, I appreciate the time that you are affording me. I represent Mike and Maggie Bernard individually. I have met with a number of the homeowners at Alpine Pointe and I certainly don't represent all of them. I know that this is a very contentious issue , but my clients had engaged me to open discussion with the developer and although initially we did have questions as to the Council reconsidering, it has afforded us an opportunity to speak with Mr. Clark. Mr. Clark has indicated that the developer does not oppose Dashwood Place from being an emergency access only lane. It should be noted that the Fire Department also do not oppose it. It does provide the secondary access for them to proceed on development. What I would note is that their modification for accepting a new phase for -- assures the Council that the connectivity between Centrepoint to Wainwright must be completed before take -- undertaking any issue related to Dashwood. In further discussion I believe that listening to -- and I did listen to over an hour and a half of testimony when the applicant was first before ACHD. ACHD's Commissioner Baker made it very clear that their province in the review is certainly just to look at the preliminary plat as presented by the developer. It was not to say that this Council does not have the ability, nor the authority to make determinations, it is our position that the City Council -- the City of Meridian is the one that makes the determination related to traffic, the streets, and my clients have accepted the project with the understanding or discussion that the city should exercise its authority in making Dashwood Place permanently the fire or safety access only and that allowed the development to be constructed as such. By doing so on the one hand it benefits the developer, he would have several more feet -- approximately I think 16 feet more -- if Dashwood Place was to be constructed in the standards of an emergency access lane, which is 20 feet. The ACHD report also indicated that Dashwood should be emergency access at this time with pedestrian only access. I think that in looking at Meridian city comprehensive plan -- and I know that from the prior discussions that there was an issue about connectivity and the community. Having the -- Simison: Susie, if you could, please, wrap up, please. Mimura: I'm sorry? Simison: If you could, please, wrap up your comments, please. Mimura: I will. That you are able to connect by promoting alternative modes of transportation, which is also in your comp plan. By the developer agreeing that they will connect Centrepoint, you will already have the two accesses and you will not need Dashwood Place to be connected as a public street, thus providing Alpine Pointe not being the cut through of approximately 2,000 added daily trips. I think that by -- Simison: Thank you. I -- Mimura: This proposal -- thank you. By this proposal it meets everyone's agreement. Thank you. Meridian City Council July 28, 2020 Page 20 of 81 Simison: Thank you. Council, any questions? Thank you very much. Johnson: And, Mr. Mayor, the Deputy Clerk's attempting to bring Mr. Marcos in now. See if she has better luck. We do you see your hand raised. You should be unmuted. Marcos: Can you hear me now okay, everybody? Simison: Yes, we can. Thanks, Frank. Marcos: Great. Okay. Frank Marcos. 2580 East Lacewood Drive, Meridian, Idaho. 83646. Thank you, Mr. Chairman, Council Members, Mr. Mayor and city staff. Although I am the current president of our HOA, I am speaking tonight as a resident and not as a board member. I have some set to go. Unfortunately, a curveball by the applicant's attorney has now -- has now put me in a position to address some other issues. First of all, Mr. Clark identified that there -- that there is no traffic capacity issue. Yes, there is. Dashwood would feed Wainwright, which, according to his PowerPoint, showed Wainwright as a mid mile collector. Wainwright will have front facing homes as a -- as a mid mile collector feeding to McMillan. So, the traffic issue becomes Dashwood and Centrepoint feeding through Alpine Pointe for everybody wanting to go left on McMillan Road. So, there is a traffic safety issue. In that few years of our home sales here at Alpine Pointe 75 percent of our homes have been purchased -- purchased by families -- people with families 12 and under. So, where we were previously more of a 55 and older type of community with RV garages, we are getting more and more family-oriented residents coming in and so there is a traffic safety issue if Dashwood is open at this point. Keeping Dashwood closed to through traffic would greatly reduce that issue. Someone just said that there were eight connections through Alpine Pointe. That's eight connections through to McMillan going through residential area with the front facing driveways. The connection for Centrepoint in phase four, according to Mr. Clark, why not instead of opening Dashwood connect to Centrepoint. He could very easily throw a road that would connect to Centrepoint, keeping traffic off of Dashwood and not making it a collector road. Dashwood was not built as a collector road. Someone just commented that Centrepoint was -- is being built or has been built as a collector. With all the cars that are parked on it it's not sufficient. Certainly Dashwood with residents parking their vehicles on it will also not be sufficient to be a collector road. At the end of the day I hope that all of you will look to what you had originally said and were concerned about and that's the safety of your residents. Your residents that have put your decisions in their hands for their safety and at this point closing Dashwood to vehicular traffic on a permanent basis is the right decision. Several of you made that decision and we hope that you would go that direction again. I'm not going to get into the particulars about the reconsideration letter, which we have some concerns about, but you have heard Mr. Clark, you have heard our residents, you have seen our number of testimonies or letters, please understand that we are about the safety of our residents, not just creating an in- fill project that will have access through a residential area. So, hopefully, you will see that, you will debate that, and you will understand that it should be the safety of the residents of Dashwood and all of Alpine Pointe as your main concern. Meridian City Council July 28, 2020 Page 21 of 81 Simison: Thank you, Mr. Marcos. Marcos: And what I -- Simison: If you could, please, summarize. Marcos: Thank you. We are not concerned about trying to stop the project, but we want it to be a smart project and connecting Dashwood doesn't do that. So, please, consider voting to either deny or keep Dashwood as a vehicular -- or a pedestrian and bike pass through only. Thank you very much. Simison: All right. Thank you. Council, any questions from Mr. Marcos? Okay. Thank you very much. Johnson: Mr. Mayor, next -- Mr. Mayor, next is Malissa Bernard. Simison: If you could state your name and address for the record. You will be recognized for three minutes. Bernard: I would like to speak for the HOA, please. Would I be allowed the ten minutes as chairwoman of the neighborhood outreach committee for Alpine Pointe HOA? Simison: Okay. You are recognized for ten minutes. Bernard: Hello. My name is Malissa Bernard. I live at 40225 North Dashwood Place in Meridian. That is 83646. The only way I would ever support this project is if Dashwood Place is emergency only in perpetuity and bike and pedestrian access. Connectivity in many ways and for pushing for pathways and such this might be a good alternative to -- to introduce this very vital sort of connectivity. Against the bulk of Delano's plan as it stands and unless these changes are made specifically to this street , there are also concerns with the density to the north to the adjacent homes. I don't know if I can share a screen, if someone could help me with this. Simison: Chris, could you help her share a screen? Bernard: -- share a screen option that I -- Johnson: Mrs. Bernard, you can hit share screen right in your Zoom. You have that ability. Bernard: Okay. Here we go. Okay. Now we are up. Can you see my screen? Okay. As we can see there has been very much a -- there hasn't been much change between the plan presented in 2019 to the present plan. In fact, it's a carbon copy, except for increased density on the R-40 -- or R-15 parcels -- that they are asking for R-40, three to four story project -- or product in this project. I do not think this is compatible. It was a view shed. We have R-4 homes behind us. So, I would consider perhaps R-15 for this Meridian City Council July 28, 2020 Page 22 of 81 sort of parcel -- for the Cook parcel. There is not a named builder or company, charter price point. There seems to be far too many modifiers. This annexation and rezone without dedication, passion, and follow through is going to result in a run-of-the-mill in-fill project. In-fill projects should be held to strict standards, not the bare minimum to barely meet the Comprehensive Plan and as you can see from this illustration here these slides are well over 15,000 square feet. They average 15,000 -- nearly 15,300 square feet. The average lot size of the adjacent to Alpine Pointe is 5,661. That's a three to one ratio and it's not necessarily a two to one ratio. So, I don't think the neighbors are seeking apples to apples. They are seeking a better transition to their properties that are adjacent to Delano. And we also have to remember that place is in your code as a closed cul-de-sac or a dead-end street. And in all of -- many of your streets throughout the valley we know that place is a closed cul-de-sac or a dead-end street. So, no one was foolish when they bought in Dashwood Place. No one was foolish. The name implies in your code, in Ada county's code. Furthermore, I would like to address the emergency access at Dashwood. It is within your purview as City Council to grant as to the emergency access. You do not need ACHD's okay or their approval on this. This is the power that 's granted to you by code and -- and you can waive that. You -- you get to choose where your transportation needs are and if this is going to be a problem as a de facto collector, then, perhaps the best thing to do is to do that to -- to really rescue our neighborhood from a fate that no one knew in 2005 when this was accepted and the master street map and COMPASS didn't come into play until 2008 -- 2009 during the retrofit of the collector street elements. Also we are very high density to the south. As you can see from this we have got the Brickyard. We have four-plexes. We are going to have Stellars. We don't know what the Stellars is going to -- we don't know how big it's going to be. We have all the commercial. We have the possibilities of the Wong parcel and who asked the Wongs or Enslers what they would want. I have spoken to both Mrs. Wong and Mr. Ensler called me this evening. They would prefer one story behind them. Nobody asked them. Well, I'm telling you now. I propose that perhaps for a transition from all this three story product that we consider a two story product. This would be R-15. It could be transitional. And it would also help with the traffic pattern and heaviness that we are going to be experiencing in this area. Here is a very attractive with multi-phases. It is attractive. I don't think anyone wants three to four stories moving behind them in the future . We need to transition from those three story products and this might be a good fit for that parcel. Traffic patterns. I pointed out the 330 foot rule for access points on collectors. If Wainwright is the vehicle collector, then, we should hold this to the standard. It is roughly 180 feet -- 185 feet maybe -- 179, something like that, for both points from Dashwood. This isn't a safe street for -- it's probably fine for a cul-de-sac of very low use, 76 trips per day. When you start increasing this for 2,000 trips per day, then, you do not have the same spacing on a collector. So, I think I have pointed this out the last time. We can pretend the traffic isn't coming. It's coming. We realize that. We accept that. But we still object to having it run through streets that were never designed to handle it. We are designed to residential streets here and we are being retrofitted as mid mile collectors. We were approved in 2005. The mid mile collector retrofit did not come into place until maybe 2008 , 2009. We also need to think about what's across the street from us. We get everything across Wainwright from Records. So, as the parcels develop to the east of us we are going to be funneling that traffic in the loop via Wainwright to cut through to Locust Grove and also up to McMillan. Meridian City Council July 28, 2020 Page 23 of 81 We have all front-on housing. There is very little of our streets that do not have front-on housing. So, maybe consider this as well. And it is named a collector. They keep changing where the goal post is on the collector, whether it's this street or another street. Well, what's happening is it is going to be a full collector throughout Alpine Pointe. So, we need to prepare for when that is going to occur. And we should be held to collect or street standards for access points. If you use Dashwood in proximity to Rosepoint it is a dangerous situation and the 330 foot minimum that always applies and also approved access points may be relocated and repurposed in the future as the land use intensifies. Now if there is -- I believe this would qualify as an increase and it changed and perhaps these access points need to be reconsidered. The stub street to a landlocked parcel for the Wagnilds -- not the Bollingers. It's no longer planned. They have everything they need at Centrepoint Way. So, we need perhaps to reconsider the access points of Dashwood Place, which we have seen since 2005. It may not fit 2020 standards. And as you can see here is some measurements. You know, the Centrepoint Way a collector is only going to be 540 feet away. I think if you add Dashwood you are going to add an overconnection to the situation and also for the stopping sight distance. The minimum sight -- sight distance that is required by ACHD is 200 feet. This is where 200 feet runs. It runs between -- to Maple on a curve. This is the view. These two Maples are a way out here. This was in May. This is where you are going to have 2,000 trips per day coming to this point and this point right here it's 179 feet away. That is not to collector access standard, nor is it safe. We have cars going 40, 45 miles per hour sometimes on the streets. So, it's not safe for anyone in the neighborhood. It's not safe for the people who might be living in Delano. So, we need to reconsider this. Simison: If you could go ahead and wrap up, please. Bernard: As you can see this is -- I will wrap up it. Thank you, sir. If we are closed to vehicular traffic there are two future access points. Every street in Alpine Pointe is important. So, we need to consider mitigation standards before the traffic problems happen. We need to think about road s. We need to think about retrofitting a neighborhood from 2005 to 200 -- or 2020 standards. The traffic is coming. We are over- urbanized in our area and we really ask for your consideration. It is within your purview by ACHD. The city has final authority to implement conditions related to the transportation system. This right was granted to you by Supreme Court decision in 2003. Please I ask you to consider our neighbors and our neighborhood . This comes before every ACHD meeting, this disclaimer of it does fall within your land use and your land use decision. Thank you so very much. I'm glad you are all well. I really appreciate you. Happy to see you this evening. Do you have any questions? Simison: Council, any questions? Bernard: Thank you so much. Simison: Okay. Johnson: Mr. Mayor, n ext is Laura Trairatnobas. Meridian City Council July 28, 2020 Page 24 of 81 Simison: Laura, you are muted. If you could unmute yourself and state your name and address for the record. Trairatnobas: Can you hear me now? Okay. Good. Thank you. I hope you don't hear my dog, too. I am Laura Trairatnobas. 4621 North Camas Creek Way here in the Alpine Pointe Subdivision. You have heard and seen me before and are probably tired of it. So, I'm going to keep it really short and sweet. This is what I want to say. If we can keep Dashwood closed until Centrepoint opens sometime in the next ten years, then, we can keep Dashwood closed permanently forever. Think about the logic of that. If we can handle the traffic with both Dashwood and Centrepoint closed, then, why can't we handle it with Centrepoint only once it opens up? Now, if Dashwood has emergency access, great, we need that. If it has pedestrian and bicycle access I think that's fine. I might want to ride my bike over to Panera sometime and I think connectivity doesn't necessarily have to be by way of cars, why can't it be bicycles and people walking. So, let's encourage less car use, more bicycle and walking use. Let's keep it emergency only in perpetuity with bicycles and pedestrians allowed and as Malissa has clearly stated, it is within your purview as the Council to make this decision and I ask you to make it tonight. Please, just put us all out of our misery. We have all been through this for two -- more than two years now. So, let's just -- let's make this our final night together, folks. Thank you very much for your time. Bye. Simison: Thank you. Council, any questions? All right. Thank you, Laura. Trairatnobas: Thank you. Johnson: Mr. Mayor, next is Patty Pitzer. Pitzer: Good evening. Can you hear me? Simison: Yes, we can, Patty. Pitzer: Thank you. Mr. Mayor, Members of the Council. Thank you for hearing us tonight. Although I am a Planning and Zoning Commissioner, I am speaking on behalf of myself. I am here on behalf of the six of the seven property owners. The Argos, Schumachers, Jobs, Kings to the north and Suzanna Walch to the east. We are opposed to the lot transition along the northern border. If I could get -- let me see if I can search through here. Thank you. So, on -- Simison: Patty? Patty, can you make sure you speak closely into the mic so we can all hear you and at the end of your testimony I need you to state your name and address for the record. Pitzer: Oh. Thank you. Yes. Patty Pitzer. 2703 East Wainwright Drive, Meridian. Am I better now? Simison: Right there you are great. Meridian City Council July 28, 2020 Page 25 of 81 Pitzer: Okay. Great. On November 12th, 2019, this was heard. Commissioner Bernt and Cavener opined that southern portion was fine. The northern border needed to be reworked. That was his top left item. At that time Jim Conger stood before you and said, quote: We don't want a denial, we would look at the northern borders. That would be traditional lots similar to what's across the street -- across the fence from us. Unquote. Council, Mayor, with all due respect I submit that this is not to happen. Our lots are 1,530 -- 15,000 square feet and the lots proposed are 15,000 square feet. There would be five homes behind the Schumacher property alone. Hardly similar to what's across the street. These are our houses here. This is the Schumacher property that has five houses across there. This is not similar in any fashion. As Malissa stated, this is really a rework of the plan from January 2019 to -- to today is almost identical. So, not a lot of hard work. They did reduce the density from 85 to 66, but that was something that increased the lot sizes in the middle. They did not fit the northern border. Now, I was taught don't come to me with a problem, come with a solution. Several options have been offered to the applicant and I noticed that he has seen many great transitional in -fill projects. Here -- here are some examples of well done transition that could be done here. R-4 to the north. R-8 in the middle. R-15 to the back. There could be an ingress-egress heading out to the future property of the Wongs and the Walkers. I mean why a shared drive when we are -- there is -- we are looking for that new ingress-egress in the future to go through what may be commercial or possibly another small in-fill. We ask that you provide this application as it stands and have the applicant come back with a feasible plan that holds Meridia n as a premier community, instead of just low hanging fruit. We feel they have had more than ample opportunity to accomplish this task, but, instead, just gives us plan B. And, then, last, the time allowed. When ACHD approved the initial plat it was with a -- it was with 660 feet going down Jasmine from Centrepoint, which created natural connectivity. Now the new plan coming here creates a hard right and becomes a de facto all the way from Ustick to McMillan. Simison: Patty, if you could, please, wrap up your testimony. Pitzer: So, Mr. Mayor, thank you. So, this yellow line is what is taking you from Ustick through their subdivision to our subdivision and here. Hobby Lobby, Fast Eddy's, you name it, they are going to find that route very soon. So, in closing I thank you. Perhaps this in-fill is just premature before the infrastructure. And I will stand for any questions. Simison: Council, any questions for Patty? Pitzer: Thank you, everybody. Have a great evening. Simison: Thank you, Patty. Johnson: Mr. Mayor, next is Kenneth Clifford. Simison: Mr. Clifford, if you could state your name and address for the record and you will be recognized for three minutes. You will need to unmute your microphone. Meridian City Council July 28, 2020 Page 26 of 81 Cavener: Mr. Mayor, you were a little faint there. Mr. Clifford might not have been able to hear you. Simison: Mr. Clifford, if you can unmute your microphone. There you go. Clifford: How about that? Simison: There you go. That's great. If you can state your name and address for the record. You will be recognized for three minutes. Clifford: I can't hear you. Johnson: Mr. Clifford, can you hear this? Cavener: Mr. Clifford, I think I heard the Mayor say that he was going to recognize you for three minutes. Clifford: Okay. Can you hear me? Simison: Yes, we can. Clifford: Okay. All right. Sorry for that. My name is Kenneth J. Clifford. 4523 North Rosepoint Place, Meridian, Idaho. 83646. Good evening, Mayor and City Council Members. I oppose this application as submitted an d appeal to the City Council to deny both the request for annexation and zoning of the 15.22 acres , unless the maximum zoning is restricted to R-15 and deny the request for the preliminary plat of Delano Subdivision, unless the North Dashwood Place cul-de-sac is permanently closed to through traffic. Opening the North Dashwood Place cul-de-sac will create critical safety issues and as a de facto commercial collector violates ACHD and Meridian city rules for commercial collector streets regarding the required minimum 330 feet distance between access points, front-on housing, driveway spacing, traffic conflict mitigation and stopping sight distances. Meridian City Council created this problem in 2005 and Meridian City Council can and should correct it now. The absolute and non-negotiable decision for -- of the City Council should be to permanently close North Dashwood Place to through traffic. For the past two and a half years this developer has bee n trying to fit a square peg into a round hole. Over the past one and a half years or so Alpine Pointe residents have submitted countless pages of documentation and many hours of written and oral testimony supporting the reasons why this application should be denied. If it cannot be developed without forcing access through North Dashwood Place it does not fit. If it cannot smoothly provide transition from residential to commercial it does not fit. If this design cannot facilitate an acceptable connectio n to the Centrepoint Way commercial collector it does not fit. It's obvious to me that the Delano Subdivision as submitted is just the wrong development for this in-fill at this time and on two separate occasions, November 12th, 2019, and May 12th, 2020, Meridian City Council agreed with this conclusion. Therefore, in conclusion, I -- I request that the Council deny the request for Meridian City Council July 28, 2020 Page 27 of 81 annexation and zoning of 15.22 acres as submitted and deny the request for the preliminary plat for Delano Subdivision as submitted. Thank you. Simison: Thank you, Mr. Clifford. Council, any questions? Appreciate it very much. Johnson: Mr. Mayor, the last of the in advance signups is Mike Bernard. He's coming into the meeting now. Simison: Okay. For anyone else who is in the Zoom call, if you would like to testify on this item, please, raise your hand using the raise hand function at the bottom of your screen. That way the Clerk can be prepared when it's your time to speak. Mr. Bernard, if you state your name and address for the record and you will be recognized for three minutes. Mr. Bernard, we have no audio from you. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: While -- while we are waiting for Mr. Bernard's audio, a short question to our planning staff and to the applicant. Not to answer now, but at the end and when the applicant comes back is if Condition 1-F was instead drafted that had phase four could not commence until Centrepoint Way is connected and that Dashwood would remain emergency pedestrian only, as opposed to reopening in phase four, if that altered Condition 1-F would be acceptable or if there were reasons it shouldn't be done that way. Not to answer now, but to address at the end. Just a heads up with a question that will come up. Johnson: Mr. Bernard, try now. We still have no audio -- no audio, but I do have Malissa's audio on, if you can connect through her. M.Bernard: Okay. How about now? Can somebody give me an audio check? I apologize for those technical difficulties. My name is Michael Bernard. I live at 4025 North Dashwood Place. Now, I prepared comments tonight. Quite honestly I'm surprised we are here again. I think we all know that this has already been denied -- denied effectively three times. Once at P&Z, once most recently that you are all familiar with, and, then, effectively a denial during the last administration that many of you were involved with where instead of an actual denial, it was remanded back to P&Z. Now, during that remanded decision the Mayor nearly dressed down the applicant at that time and reminded him that his development would actually change the character of our neighborhood and I think you see that's why so many of us are particularly upset with the resolution. Now, I think a lot of us believe and know we live in a pretty good neighborhood. But let me give you a little bit of flavor, because I think, unfortunately, since this has been going on for so long, we forget that this isn't just a thing, this isn't just a development, this is really about people, this is really about a bunch of citizens. I mean we have over 220 homes here, well over double that. I mean -- and this category of folks that live here are people that like to live and spend our money locally. The category of people who live here Meridian City Council July 28, 2020 Page 28 of 81 routinely vote, right, and we care deeply, not only about the city, but specifically a little piece of that that we call Alpine Pointe. So, you know, when -- when there is things to happen -- when there is a snowstorm neighbors shovel snow and there is a community project. People come together with their shovel and rake in hand. And I'm not talking young folks, I'm talking old folks. Maybe spend 30 minutes, maybe you spend all day, but they come in droves. You should see it. And let me tell you quick another story. Now, if you had audio you would see me grinning a little bit, so don't be afraid to smile. But when you or on high decided to cancel Fourth of July for us little minions, you know, that was quite upsetting. I mean during the COVID time. We couldn't celebrate it as we normally would celebrate. I see you appreciate what I'm saying. Well, there is a young man that lives in our neighborhood that has some physical challenges. He comes around the neighborhood doing little chores on his three wheel bicycle, because that's the best mode of his transport. He was upset about that and he said to Frank, our president, he said, Frank, we should have a parade. So, within about seven days they organized a parade and we had like 75 people show up and decorated bicycles and wagons and cars and people from the next door neighbor -- and that's the flavor of Alpine Pointe. I'm trying to -- I'm trying to capture what you guys may not be able to understand. We live in a very tight community. We care very closely about each other. It's nearly family. Th ere is people walking dogs, riding bikes all over the place all the time and as Mike mentioned we are getting younger and younger all the time. There is more children. Here is the point. You have heard this testimony. You know the opposition is overwhelming. There has been over 45 pieces of written testimony submitted in the last three or four days and so here is -- here is where I see you guys are at, in my opinion. We need to solve this and the solution really is only in two ways. One is a four -- ultimately a fourth denial. Now that hurts everyone involved. That means we need to go through this pain in the future. That means the current property owners have to continue to deal with how they go about selling their property. Or maybe we find a solution that maybe isn't perfect , but it's acceptable for most of them and that is Mr. Clark, the representative of the developer, has agreed that he doesn't need Dashwood Place until phase four. He doesn't need Dashwood Place until Centrepoint punches through. So, if he doesn't need it then he doesn't need it now. We get the connectivity via bicycle and, excuse me, foot traffic. It's all ADA compatible. So, the folks that live on my street that are in wheelchairs can maybe access that and maybe go down and have a cup of coffee. So, add those conditions, either deny it wholeheartedly or add the condition that it be built to emergency access only specifications and you build it in such a way that it stays that way in perpetuity. Nobody come back and backtrack on that and, then, reclaim it as a public right of way. Fix this once and for all tonight. Alpine Pointe can have some rest. The developer can move forward. You can put this behind you and you can have this special little info project and the two property owners that have been hung up by this can move on with their lives. That concludes my prepared statement. I will stand by. If not, I would appreciate your consideration tonight. I realize this has been a challenge for all involved , both prior administration and now, but let's make this right. Okay? Let's make this right tonight. As right as it can possibly be for everyone that's worried or concerned. Simison: Council, any questions? Thank you very much. Meridian City Council July 28, 2020 Page 29 of 81 Johnson: Mr. Mayor, next is -- listed is Sandy. I think that's Sandy King. King: Yes. Can you hear me? Simison: Yes, we can. If you could state your name and address for the record. King: Great. My name is Sandy King. I live at 2453 East Honeywood Court in Alpine Pointe. I want to thank the Mayor and all of the Council Members for taking the time to listen to us. I know you all sort of have a life beyond this and we all do appreciate what you do and the time you give us. So , I'm going to do more of a ballpoint kind of a presentation. I'm going to be quick and I'm going to read it to save time. So , I am asking that the Council and the Mayor -- if the Mayor ends up making a split decision -- to please deny the Delano application in its current form. I agree with Mike and Laura that Dashwood needs to be completely closed. If it can be closed for up to ten years it can be closed permanently to traffic. Whether you allow foot traffic and bicycle, that's kind of an option. Maybe. Okay? I would like to see it completely closed, but if you are willing to close it with just the foot traffic it's livable. I think what gets missed is that with the Brickyards, which are commonly called the Barracks for a good reason, with the traffic that you see on the street, can you imagine the number of people that would be coming through Dashwood. They won't be on Centrepoint, because it won't exist and speaking of Centrepoint, the Centrepoint originally was supposed to cut through to Bald Cypress. Perhaps that's a better option, because Bald Cypress homes back onto that street, not face on to it. The other issue would be the apartments. If you limit them to two story, not three story, that is transition from home to two story apartment, to three story apartment. I think that is a strong consideration that should be looked at. The daily traffic from the Brickyard from the homes, from the apartments, from the senior living, from Hobby Lobby, from the service station, from Dick's Sporting Goods, Kohl's, all of that will funnel through if Dashwood remains open, because it is going to be the path of least resistance. They don't want to go to Eagle Road, because you can't go anywhere during rush hour. They are wanting to get to Locust Grove and McMillan to leave. Delano's ability to exit was one of the arguments to use Dashwood is not an argument. They just proved that tonight in their own presentation. There are multiple ways out. So, if the city services are already on the Cook property, which they are, we zoomed in on Google and you could see the access is already there, you do not need Dashwood. Please do not ignore the impact to the neighbors of Alpine Pointe. We are passionate. We are family, quite honestly. We look like a Norman Rockwell picture in the winter shoveling everyone's driveway and sidewalk. You will destroy that relationship in our subdivision if it becomes traffic ridden. Dashwood and the creation of Centrepoint Way did not show up on the master street plan until 2018. So, there is no way any of us who purchased, you know, prior to 2012 or during that time frame had no way of knowing that Centrepoint Way was going to exist. There were no signs. There was no notation on -- on the street map. And -- Simison: Sandy, could you -- King: I guess my last request -- I am wrapping it up and I appreciate your timing. Thank you. My last request is to please reconsider using Centrepoint Way to Bald Meridian City Council July 28, 2020 Page 30 of 81 Cress -- Bald Cypress rather than coming up to Wainwright. And, then, it's connected and you don't have to wait for the Wong property to sell or anything else to be developed. The streets are already there and you could connect. If you wanted to change the light and remove it from Wainwright and go to Bald Cypress and Centrepoint Way, you would have it. It would be a done deal. So, thank you for your time. If you have any questions let me know. Again, I'm glad you are all safe and healthy and happy summer. Thank you. Simison: Council, any questions? Okay. Johnson: Mr. Mayor, next is Joy Cameron. Simison: Joy, if you could state your name and address for the record. You will be recognized for three minutes. And just need to unmute your microphone. Cameron: Hi. Joy Cameron. And 4211 North Chelmsford Avenue in Alpine Pointe, Meridian. Good evening, Mayor and City Council Members. I just want to address just a couple things and be done. One was the fact that we currently have three entrances and exits already. So, we have the Wainwright, the Camas Creek at McMillan, but we also have Settlers Bridge, which also cuts through our neighborhood also. We do have those three points. Mr. Clark had mentioned that all of the different exits be able to go out of the shopping center and where the housing is, but with respect to Wainwright that is actually the only left turn to get onto Eagle Road and so when people are trying to hurry to get through to the high school, to get down to the grocery store, anywhere else, that's where they cut through to to hit our light and take a quick left. Every signal is a right turn only into our neighborhood. And, then, the other thing is that I have brought up before is going to be school traffic. Hopefully kids will be back in school soon, but we do have a lot of kids at the Brickyard. There will be even more kids in those houses and the schools that they will be going to will be off of McMillan and, then, also off Eagle Road, so they will be cutting through our neighborhood to miss all of that traffic to get down McMillan to get to the middle schools and the high school and , then, also through Wainwright. And so with all the kids, with our seniors and everything else, that's a lot of impact traffic of school buses and carpooling that will definitely -- we also have the preschool that's right at the beginning of our entrance off of Eagle Road. So, that's additional traffic for those kids and a lot of times those kids are outside, because they have no place else to go, and they are playing right on Wainwright at the street there. And, lastly, we have several families in our neighborhood that have special needs, both intellectual and physical, and we have several people that are in wheelchairs and so, again, for the safety of our -- our homeowners and especially there in Dashwood we have several families that have special needs and I have to agree with keeping Dashwood closed to cars. I feel that that is in the best interest of the safety of our neighborhood on both sides. So, that's all I have to say. So, thank you. Simison: Thank you very much. Council, any questions? All right. Appreciate it very much. Cameron: Thank you. Meridian City Council July 28, 2020 Page 31 of 81 Johnson: Mr. Mayor, the last person with their hand raised is Mr. Dave Martin. Martin: Hey, fantastic. Good evening, Mayor, Council -- Council folk. Dave Martin. Address 2363 Freezeout Road, Caldwell, Idaho. 83607. I represent Stellar Senior Living and just would love to hear some clarification. So, if you will notice from their map it goes through our parcel and back out on the north side. Our approval for -- for our development there is -- is limited on the trips in and out of that parcel. Senior Living has very low trip count, which is good. It doesn't put too many -- too many trips back on Eagle Road. But having access through our parcel would -- would be a safety hazard for our residents. The average age of our residents is 85 and those that come to visit are of very similar demographic. We are for Delano being developed and we are happy to provide emergency access and that's what our plans show and that's what Meridian approved is emergency access through what is currently Jasmine Lane onto their -- onto their parcel. But we -- it's not part of Meridian's -- or not part of Boise's plan or part of our plan to have just open access into our parcel, even back out to -- to Wainwright in the future. So, just want to share that, maybe hear -- hear their thoughts or their plans of how that would work. But we are more than willing to provide emergency access with -- with a gait or bollards into -- into their parcel. Thank you. Simison: Thank you, Mr. Martin. Council, any questions? Is there anybody else who would like to provide testimony on this application at this time ? If so please indicate by raising your hand in the Zoom or star nine on the phone. Seeing nobody else from my end -- Mr. Clerk, can you confirm that as well? Johnson: Confirmed. Simison: I will turn this over to the applicant for his final comments, unless, Mr. Bongiorno, do you have something you need to weigh in at this point in time? Bongiorno: I do. Mr. Mayor and Council, I just want to make sure that everyone is all on the same page. Listening to Council Member Bernt speak and to kind of address Council Member Borton's comment as well -- and I don't know if I'm early, I can wait until after the applicant speaks, but emergency access -- obviously we in the Fire Department and the Police Department -- everything is time. Time is golden for us and bollards and gates and these temporary measures are a barricade for us. So, the best thing for the Fire Department -- the best thing for Fire EMS is an open roadway and so for ultimate safety -- yes, bollards work and bollards can be used , but the best thing is an open roadway. So, I just wanted to make sure that that is -- is brought up. Planning staff and myself are working with our developers to make sure that -- we are trying to limit these emergency accesses, because it's best just to get us a road. Get us a road in there. That way if your house is on fire or your loved one is having a heart attack, there is no barrier or barricade or bollard or gate that will keep us from getting to your loved ones and so I just wanted to throw that comment out there to make sure that the best thing for the fire department is an open road. Thank you. Simison: Council, any questions for the deputy chief ? Okay. Meridian City Council July 28, 2020 Page 32 of 81 Allen: Mr. Mayor? Simison: Yes, Sonya. Allen: Excuse me. If I could respond to some of the earlier access questions from Council and comments. There are several comp plan policies that support extension of public streets and interconnectivity between neighborhoods. So, that's -- that's one of the big things. The UDC also requires access to be provided from a local street. I believe that's what one of the Councilmen was referencing earlier. Access should be provided from a local street when available and that was why staff's requirement for extension of Dashwood was required. Council can waive that requirement. There is a provision of code that allows a waiver. However, Council should remember that ACHD is also requiring extension of Dashwood as a public street as well. So, even if Council approves this tonight, ACHD would also have to -- excuse me -- approve -- does not require extension of Dashwood as a public street. ACHD is still requiring it eventually in ten years. Simison: Thank you. Council, any questions for Sonya on that point? I see a couple questioned looks. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think it's a question for Mr. Nary if that's okay. Simison: Yes. Strader: So, I understand what the UDC and the comp plan states and I understand that it is almost always a preference to have a street, but it sounded like ACHD has confirmed that Council has the authority to permanently close Dashwood and I would like to know if Mr. Nary agrees with that, based on the earlier testimony from the ACHD disclaimer and the feedback that they have provided to an attorney. Nary: So, thank you. Mr. Mayor, Members of Council, Council Member Strader. So, ACHD's policy only allows them to make a ten year recommendation. That's what the ten years is from. So, it isn't -- it's their policy that prohibits them from recommending anything beyond ten years. You can make it a permanent emergency access . You cannot close the road. So, the road vacation would be an ACHD decision or it could not be a -- no longer a roadway. They have their own rules on how that gets done. But you can make it an emergency access only. So, that is within your purview. So, obviously, the nuances is what kind of the conversation has been as what authority does the Council have. Ultimately your authority is the land use approval, the layout of the property, the plat that's being proposed and the accesses to that and as Sonya pointed out, 11 -3A-3 does have language that says you can waive that provision that requires access on local streets and not collectors when local streets are available. So, that is an action you have taken in the Meridian City Council July 28, 2020 Page 33 of 81 past or the Council has taken in the past for various projects. So, it is something you can consider. Strader: Thank you. Simison: Councilman Cavener, does that answer your question or did you have additional questions? Cavener: Mr. Mayor, no, I think Councilman Strader touched exactly where I was headed. Simison: Okay. Council, any further questions before I ask the applicant to close? Okay. Mr. Clark, you are recognized for ten minutes for closing. Clark: Thank you, Mr. Mayor. Hethe Clark for the record. 251 East Front Street in Boise. So, it's been a bit of a night and I'm sure we are all kind of struggling at this point. It's been a long road. I do want to talk about the history here for a second and, then, circle back on some of these traffic related concerns. So, what is the history? This project was not denied back in November. It was remanded with direction and that direction was to go back, talk to the neighbors, address the transition, lose density and -- and reconsider the connection to Dashwood. As you will recall those connections were previously inverted and there was a gate down at Jasmine and the project was going to take access through Dashwood until Centrepoint connected. So, I -- at that point that's when I stepped firmly into the picture and it's disappointing to me to hear the way that this has been portrayed in terms of those neighbor conversations. We did have the two meetings. We -- I gave them everything that they asked for. The only thing I couldn't deliver, because it's within ACHD's hands and yours, is this -- a permanent closure at Dashwood. We were asked to lose transit -- lose lots on the northern border. We went from 15 to 11. We increased the square footage by 50 percent. We made the lot lines match where we could and the number that was given to me by the board at that point was 6,000 square feet. We got the 5,800. You know, we gave up 22 percent of the lots. We reoriented them. We even made the park for Pete's sake, bigger and kept it near Alpine Pointe's access. So, this is -- you know, it's -- you know, I understand, you know, stepping in and fighting for your neighborhood, but I -- I'm a little bit disappointed in the way that this has been described in terms of us not having done any hard work, because I personally have been involved in all of that since November. One other item before we circle on to traffic. With regard to the R-40 parcel and the future apartments, there is some things that are missing from the conversation from the neighbors. You know, one is that that does require a subsequent conditional use permit where the impacts of those apartments are going to be studied. Alpine Pointe is separated from those apartments. There is no -- there is no common boundary there. The common boundary of the apartment parcel are with the Brickyard and with the senior living center and those are two and three story buildings right next to it. So, to suggest, then, that something like that is -- is improper, not only doesn't reflect the facts on the ground, but it doesn't reflect the fact that this is going to require an additional conditional use permit later. So , let's -- let's circle back on some of these traffic and safety issues. With regard to the Brickyard and the parking, the Brickyard's built to city parking standards and we, as anyone knows, that that's a difficult Meridian City Council July 28, 2020 Page 34 of 81 thing to make sure you get satisfied. If there are issues with the parking and the Brickyard or safety concerns, those are addressed by Meridian City Code. Those are not within our control. If that's the problem, then, that's something that the city needs to look at in terms of their code provisions or their -- or their code enforcement. You know, as we -- as we talk about this -- and I think it's important to talk about what the connection is down to the south into the -- excuse me -- the gridded area that we have talked about, I just want to show you just a quick picture of what that area looks like and -- with the parking on both sides. So, this is Centrepoint looking south and just a couple of items to add to what we discussed previously. A collector is designed for parking on both sides. Parking on a collector is not a safety issue. Arterials are not parked. The collectors are. And if -- if we think about this from a practical perspective, empty roads create racetrack. Parking on the sides of a collector actually slows people down and actually helps with the safety situation in and of itself. It is safe to be parked on that collector. The -- you know, and, then, in terms of the -- the capacities, which really we have -- we can't lose sight of that. The capacity of what are used, identify safety issues here. With regard to Wainwright, the ACHD finding on that was on -- and I quote: Wainwright Drive west of Eagle Road is projected to operate within acceptable levels of service planning threshold through all phases of this development. Close quote. With regard to the -- and ACHD has confirmed, you know, the -- the sight distances on -- on Wainwright are acceptable. Dashwood. ACHD has confirmed that Dashwood operate -- will -- will at build out operate within an acceptable level of service. Centrepoint. ACHD has confirmed that it will operate within an acceptable level of service at built out. So, that the evidence in the record is that. So, again, what was the problem that we discussed back in May? The problem was that Centrepoint to Dashwood connection timing. We have proposed a solution and I just want to clarify that ACHD has approved -- approved that solution and that approval is not limited to ten years. The prior temporary was limited to ten years, because it was going to be ACHD's right of way from the beginning. But because we are holding that out it's not ACHD's right of way, they don't have the same tenure limitation that we have discussed. So, it would stay that way until the -- it would stay closed until Centrepoint actually connects. So, it -- it truly does solve the issue that was the focus of the last hearing. Now, if this doesn't go, you got to ask yourself what happens next. Because you just -- you just can't avoid the question. It creates a chicken -- a chicken and the egg problem. This property and the Wong property are subject to the exact same rationale. Wainwright is about 55 to 60 percent capacity. Centrepoint will be at 55 to 60 percent capacity. So, you have the exact same traffic thresholds for both . If you are going to deny one based on their not being a connection you are going to have to deny the other and keep in mind that one is within the area of impact of Meridian. The other is in the area of impact of Boise. So, the likelihood of those two parcels going at the same time is remote. So, I just -- I just want to close by just saying, again, in-fill is hard. You know, I have -- I have felt that for a long time. I feel that no more with this app -- than I have with this application. But -- but, Council Members, you know, your concern at the last hearing was the timing of the Dashwood connection and we have solved that. The area traffic capacities are well within hand. So, we are asking for you to approve, because there is no traffic reason to deny it at this point. We have done we believe what it takes to get an approval. We appreciate your patience in listening to all this and call it a night. Thanks. Meridian City Council July 28, 2020 Page 35 of 81 Simison: Thank you, Mr. Clark. Council, any questions? Borton: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Borton. Borton: Hethe, can you comment real briefly on the question that I posed in the middle of the public testimony with regards to a modified 1-F and in light of Mr. Nary's comments that -- is it at least an option to have a 1-F condition be -- nothing with phase -- your new phase four until Centrepoint Way is fully connected and that Dashwood, which will be emergency access, remains emergency pedestrian access even through phase four. Clark: Yeah. Mr. Mayor, Council Member Borton, so you will recall that that actually was my initial proposal was to try to get that to be emergency only. So, we have no opposition to that. And so I -- I don't have a reason to oppose that at all. The -- I think I will just leave it at that. You know, we have -- we have been hearing, you know, ACHD's points on this and we have heard staff's points on this and we have heard what we thought was Council's points on this, but we have tried to be open to -- to solutions. But, again, we are not opposed whatsoever to that being an emergency condition -- an emergency only. Borton: Okay. Thanks. Simison: Council Woman Perreault, do you have a question? Perreault: Thank you. Mr. Clark, the mixed use regional comp plan FLUM assignment to that eastern property, which will be developed in phase three, what other consideration was made for uses on that property and can you give us a little background in how you came to the decision -- or how your -- how your client came to the decision that the multi- family would be the best to use and trade off for another use that's allowed in that -- in that area? Clark: Mr. Mayor, Council Member Perreault, thanks for the question. So, you know, the -- the conversations between the cities and -- and -- that we had between the cities went on for, you know, quite a while. Back in -- I think it was in October of last year we went in front of Boise city and the one thing that we heard over and over at -- from a couple of different council members was that they didn't want to see a low density use of this property and they were -- they were basically sending a shot across the bow that we are -- we -- not we, but the city council of Boise was saying we understand that it makes more sense for this to develop in Meridian, but we want to see it going in high density, because of the proximity to the transportation corridors and that they deem that to be a better use of the ground. So, you know, given that direction, you know, their wish -- obviously this is now in the Meridian area of city impact and it's ultimately your decision, but we did try to respect that. So, that's the direction that we have gone with the application. Now, keep in mind, too, that you have the senior center on the east, then, you have residential on Meridian City Council July 28, 2020 Page 36 of 81 the south. So, we are looking at that as trying to match -- to match the uses -- you know, trying to put a commercial use in between all of that I think would be a little bit more difficult. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Clark, could you comment on Mr. Martin's representing Stellar Senior Living about their -- their access points are not a through to Wainwright? Clark: Mr. Mayor, Council Member Hoaglun, that is -- that was new information to me and so I apologize to Mr. Martin if I misspoke there. That was -- we had reviewed the site plan and that looked to be an access , so if that's the case, then, we understand that. Regardless, the -- the roadways do still function fully within capacity and, again, there is a number of entries and exits and it's very porous from Centrepoint all the way down to Ustick. Hoaglun: Mr. Mayor, question for staff. Simison: Councilman Hoaglun. Hoaglun: I just want to confirm. I had heard that for the apartment portion of the development that they would require a conditional use hearing. Is that accurate , Sonya? Allen: Mr. Mayor, Councilman Hoaglun, yes, it would require conditional use permit. Hoaglun: Okay. Thank you. Simison: Council, any further questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Real quick. I just wanted to make sure, Hethe, at the last hearing when the motion to approve, which ultimately didn't prevail, but there were some conditions about keeping trees and the -- that would be the southwest corner for that established subdivision to that end. I was trying to remember if there was something else. That's the one that comes to mind. But any -- any comment on those previous conditions that you recall? Clark: Mr. Mayor, Council Member Hoaglun, our position hasn't changed on those. The tree mitigation condition that was identified by staff is acceptable. If you will recall at that last hearing we did show that a lot of those trees are not in great shape and much of the area that is in question actually backs up to the Brickyard, whereas Champion -- Meridian City Council July 28, 2020 Page 37 of 81 Champion Park, I believe the name of -- Champion Park is on our southwest and we have kind of a 45 degree angle there and our park is located there and we anticipate maintaining the trees, you know, to the extent we can -- to the extent that they are still healthy in that location. So, that -- that is not an issue whatsoever. Hoaglun: Thank you. Simison: Council, any further questions for the applicant or is there discussion and thoughts from the Council before we take any action regarding the public hearing? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to request that we leave the public hearing open during our discussion in case we have more questions for Mr. Clark, if Council agrees. Simison: Okay. Sounds good. Mr. Clerk, you can probably take Mr. Clark out for now or reduce him down. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will be happy to kick off some discussing. So, one of the things that is a philosophical thing -- I know our Planning staff feels very strongly that interconnected neighborhoods are safer neighborhoods, are healthier neighborhoods, and I think most of the time I agree with that, but I have done a lot of soul searching and I think on this one -- to me I don't define interconnection as sending a bunch of cars through a neighborhood that will already be well served by vehicular access back and forth. I think when Centrepoint is connected that that will provide a great connection for everybody. I subscribe to the idea that Dashwood is not up to the standards and would become a collector and I just generally think that having a pedestrian connection and bicycle connection is the kind of connection that is needed. And I don't define connection as having to do with cars. I just don't. And so from where I'm sitting I think I'm tracking with Councilman Borton's question and I'm leaning toward -- you know, now that we know we could designate Dashwood as permanently emergency only, along the lines of what Councilman Borton was asking about, I would be supportive of that. I think that makes the most sense and I also think we need to put the neighbors out of their misery here with hearing this endlessly and just put it to bed. That's where I'm sitting. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council July 28, 2020 Page 38 of 81 Bernt: I don't know if I necessarily disagree with that. I have always been a proponent of connectivity in this case and there is definitely a strong argument to keep it an emergency only access. That's fine. My opinion it still doesn't solve the issue of the traffic safety issue that I feel personally, in my opinion, that this -- this one access point will create. I thought it was interesting -- Hethe only provided a picture of going south. I would -- I would love to see what that looks like going north , because that's where the problem is. The problem is that connection from where that picture was taken north through the apartment complex. That's where the issue lies and there is going to be a heck of a lot of cars going in and out of that subdivision, especially when the multi-family project goes in. I would be okay with this project if the multi-family project was moved to phase four and I think that that would be a healthy compromise on my part , but seeing a lack of connectivity in -- in other areas of our city and the problems that it creates in my opinion is a big deal and I was elected, you know, and -- by my -- our constituents in the City of Meridian to keep the neighborhood safe as well. That's -- that's one of our number one responsibilities in my opinion. And I just cannot support something that is, in my opinion, going to create safety issues in regard to traffic until there is a full connection made from Centrepoint all the way to Wainwright. So, I have been consistent with this issue and I -- and I stay true to it. So, I appreciate Hethe. You are a good guy, Hethe. Don't take anything personal. You do a great job. We are just going to have an impasse here. We are going to -- we are going to agree to disagree on this one. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just want to talk briefly. This -- this would be a lot harder decision and discussion if we were just talking about 66 units and -- and having Dashwood open or not. Really in my mind what -- what the game changer is is the Brickyard apartments. I mean that will -- if we leave that access point open that is their route. I think it was Joy Cameron who said Wainwright is the only left turn onto Eagle. So, unless they go out to Ustick to turn left, I -- human nature being what it is -- leaves that open. That's how they would be getting to that and that's a lot of cars and that's -- and, you know, I -- I empathize with the folks in these neighborhoods who have been there since the mid 2000s and that that makes it a difficult situation. We need that Centrepoint to be open to allow that. That's -- that's why I can once again support making that a permanent -- making it a permanent emergency access. Deputy Chief Bongiorno is absolutely right, open roads are better, allow quicker access, but this is a temporary second emergency access to make sure as -- as it gets developed they have an alternative route into this site , so -- until that Centrepoint become -- becomes open. So, it's not the main access, it's -- it's that secondary access and -- and, then, the fact that we are going to have a separate hearing on the apartments, I think we can address that issue at that time, because the Brickyard and those -- those traffic issues, that is going to be a major part of the issue I think that will have to be worked through on that. So, that's why I'm interested to see what -- what comes of that phase four and closing -- closing Dashwood on a permanent basis and only allow it for emergency and foot traffic, bike traffic, and that sort of thing. So, that's -- that's kind of where I am. Meridian City Council July 28, 2020 Page 39 of 81 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm really tracking along with Council Member Hoaglun. I was -- I was thinking about the very first time I ever came to a Meridian City Council meeting, I was like, I don't know, 12, maybe 11 years old and I -- as you know I grew up in Old Town and there was a developer that was going to build a neighbor hood next door and it would have created a -- essentially cut through to the high school and we came in I think, then, Mr. Nary was on the City Council and my parents came much like the folks that are here tonight and said, you know, this is -- this is our neighborhood and we -- we have a great community here and it's important that we create community first and I'm seeing a lot of parallels to what I have heard from the citizens, both at previous hearings and here tonight and -- and, honestly, I think that's what the applicant's hoping to achieve as well is to create community. I had some concerns about the phasing plan that -- the lack of homes with phase four. If -- if Council is kind of trending where I think that they are about keeping Dashwood emergency access only and that -- that addresses some of my concerns. I will kind of wait and see where the conversation goes and if -- if we are trending where I think, then, it's not necessary, but if -- if we are exploring some other options I have got a couple of other comments I may want to make. But I appreciate the -- the discussion from the body here tonight on this particular application. And, frankly, the testimony from the public tonight. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, this is a tough one. This is a tough one and I have spent a lot of time thinking about everything I read in the public testimony, reading through the staff report many many times to make sure I was grasping all of the concerns and really trying to understand the staff's recommendations and the -- the property owners' concerns. I'm very familiar with Alpine Pointe. I have close friends that live there. I'm familiar with it regarding their real estate and the real estate values. What I keep going back to is that I -- and this isn't going to probably be popular to say, but I'm -- I'm in agreement with what ACHD originally recommended, which is to leave that as emergency access and pedestrian only until Wainwright is -- is punched through and the reason why is because I truly believe that -- that people do take the path of least resistance and I think that for me as a driver I'm going to take Wainwright, which is going to be a higher speed and easier to -- to get to. Excuse me. Centrepoint. I keep saying Wainwright. But I mean Centrepoint. I'm going to take Centrepoint to Wainwright and make the right turn out onto Wainwright to get to the light. I would rather not go north on Dashwood , passed homes, and as the HOA president presented, she said, hey, there is potential line of sight issues, there is trees in the way, I'm not going to take that route. I'm not going to take that route, because it's slower. I'm not going to take that route because there might be some fencing, some trees in the way, I'm going to take that Centrepoint to get to Wainwright, if that's my option. That's what I'm going to take if I lived in Delano. So, that's what I really believe Meridian City Council July 28, 2020 Page 40 of 81 to be true based on my years as a Planning and Zoning Commissioner, based on my years of understanding and studying subdivisions and how people move around them , is that I don't believe people are going to want to use Dashwood as a way to access -- other than maybe the property owners that are in phase four. I believe that most people will exit out onto Centrepoint, head north and make a right onto Wainwright to get out of -- onto Eagle Road, essentially. So, I don't -- I don't believe that -- that Dashwood is going to be a problem once Centrepoint is -- is built all the way through. And I'm not saying that haphazardly, I'm saying that based on a lot of experience and a lot of just education and understanding of how these subdivisions are developed. So -- so, I am not -- I'm not completely against the idea of making it a permanent access -- a permanent emergency access and pedestrian, but I'm not -- in other words, if that's where Council decides to go, I would understand that direction, but I'm not completely excited about that possibility, because I am very concerned about public safety and I am concerned about access for our Fire and Police Departments. As -- as some of the members of the -- of the public had mentioned in their testimony there are several -- if there are -- and there are it sounds like -- like several individuals on that section of Dashwood who have challenges with accessibility, who maybe are in a wheelchair, they are going to need that emergency services more than ever and are we going to, then, add an extra two or three minutes to -- to take the collector road up and around and to get into Dashwood from the north side or are we going to allow that access to them through -- through Dashwood once Wainwright has been built. So, I just -- again, I think that the need for that to stay closed off until phase four is developed and understanding the applicant is proposing that -- that ACHD doesn't have any ability to put a street in there until phase four, you know, proceeds. So, those are my thoughts. I have gone back and forth on this. I understand both sides, but I really truly think that there just will not be a lot of use of Dashwood once -- once Centrepoint is built. Simison: Councilman Borton, would you like to add anything to this conversation or move forward with any other activity at this time? Borton: Thank you, Mr. Mayor. So, I have been just taking notes of the discussion. It sounds like considerations that I'm hearing from us collectively is -- and this is with regards to 1-F. If something were to go forward for approval with this project, it sounds like at least the vast majority are supporting Dashwood to be a permanent emergency access only with pedestrian and bike and designed for that being the connection. Emergency only. And that phase four wouldn't commence until Centrepoint connects. So, that's one basket of options. And, then, kind of in addition to that is what Councilman Bernt had said, which means -- which would say -- which would request to include within phase four the multi-family portion. So, the phase four as currently designed is -- is one consideration, that that phase four -- seven lots I believe. Wouldn't commence until Centrepoint. Or does Council want to requests that the multi-family portion be included in the new phase four. I think that's what Trent was talking about. So, I think that's -- and under either consideration the other conditions of approval, the tree mitigation, et cetera, from the previous hearing would be included, but I hear that as sort of a two headed option if something were to be approved. So, I just -- I just put that out there if that's an accurate summary. If I have missed something from the six of us in this discussion -- Meridian City Council July 28, 2020 Page 41 of 81 Simison: Well -- and since it does not appear that my vote will be needed on this one, I will refrain from some of my comments, but I think part of the reason why phase four exists was to allow Dashwood to open. If there is no expectation that Dashwood ever opens up, then, phase four really has no need to exist in all intents and purposes. So, I would encourage Council to reconsider a phase four. Whether or not you want to put the apartments into the last phase and make that contingent upon something, but if Dashwood remains closed phase four has no purpose. Borton: Mr. Mayor, it does -- to a certain extent it would -- Bernt: Mr. Mayor? Borton: -- if it -- if it lessens to some degree the impact on the roads and parking, if you have got fewer homes that are constructed prior to Centrepoint. Simison: If that's the rationale. I don't think that was the rationale. The rationale was to try to encourage the rest of the development to occur in that area, so that they would go back and finish what they started. My opinion. Borton: Got it. Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: I -- I'm tracking where Council Member Borton's at and I appreciate that conversation about kind of eliminating the necessity of phase four. I'm not one that likes to come up with phasing plans on the fly, but I guess maybe if Council is going to invite the applicant to at least chime in about it -- in hearing some of the comments about if there would be proposed changes to what they have proposed. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun, is there something else related to that for the applicant? Because I see he is unmuted to answer that question. Hoaglun: If he's ready to go, let's go. Simison: Okay. Mr. Clark, do you want to provide comment on that issue? Clark: There we go. Thank you, Mr. Mayor. So, I think that the -- the question is what is really the purpose of phase four and -- and does it have a purpose if the emergency only condition is permanent and, you know, my -- my comment would be that I agree with the Mayor. The -- that the reason for the phase four was to ensure that Dashwood can't open prior to Centrepoint, because that's what we heard was the biggest concern. If Dashwood is just not going to open, then, there is not a reason to hold back that -- that property if -- Meridian City Council July 28, 2020 Page 42 of 81 if that was the -- that was the entire function of that. So, the -- you know, the pedestrian connectivity, the bicyclist connectivity, all of that would be there and wouldn't change. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Hethe, can you comment on including -- can you comment in regard to having the multi-family move from phase three to phase four? Clark: Mr. Mayor, Council Member Bernt, I think I would kind of reiterate what we said before, that's a -- that's a huge imposition on the property without a traffic related justification for it. You know, I -- I know that you and I don't necessarily see eye to eye on that question. I -- you know, if I'm able to share the screen I would be happy to show you the northbound look of Centrepoint, because it looks exactly the same with cars parked on both sides. So, I just -- I don't see that and we have got two buyers here and -- excuse me -- two sellars here that -- and it just really puts the project in a bind if we have to hold the apartment indefinitely and, again, there is not a traffic-related basis to do so. Strader: Mr. Mayor, I have a question for staff. Simison: Council Woman Strader. Strader: I guess a question for planning staff would be if -- and I think to clarify a question that Councilman Hoaglun asked -- so, there would need to be a conditional use permit for the apartment portion of the project, but would there be a public hearing and would that come before Council as a separate decision or not? Allen: Mr. Mayor, Council Woman Strader, Council, a conditional use permit does require a public hearing and it's only heard by the Commission. The Commission is the decision making body, so it would not go before Council. Nary: Mr. Mayor. Unless it's appealed. Because they can appeal from the Planning and Zoning to the Council. Simison: Did the rest of you hear that on -- Bernt: Yeah. Heard something in there. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I could be wrong, but I think some of the disconnect might have been in the previous hearing I think there was a belief that Dashwood had to be opened and that we -- and we didn't have ultimate control to allow it to be permanently emergency and so we Meridian City Council July 28, 2020 Page 43 of 81 were trying to create some way to draft sideboards on it being open, but maybe if that's the case it sounds like that's clarified now, that we do have the authority despite any control of ACHD to choose to have Dashwood remain emergency only. Nary: So, Mr. Mayor, Members of the Council, maybe I can help muddy the water. I don't know. So, when we tie it to a development agreement and you are tying it to phasing or you are trying it to permitting, the city, then, has that level of control, right, because we are issuing the permit. ACHD doesn't issue anything. So, unless they -- unless they decide in their master street program to build that street differently at some point in the future, they are not going to come back and tear out bollards. They just don't do that. They don't have the time for it. It's not on their radar. They have no plan to do that. So, their ten year window is kind of a misnomer. Like I said , it's a -- it's a policy decision for them, because they don't have a clock that tells them ten years is up and we got to go rip out bollards all over town. So, they are not going to do it. It just isn't practical for them. If it's petitioned, if it's requested by the neighbors, if there is a process they can follow, potentially that could happen. But, again, the neighbors that are opposed to it today may be different neighbors at that point in time. So, that's why the staff is saying if you tie it to your development agreement you have some level of control. If you require the development do it prior to a phase being built, prior to the last CO getting submitted -- or approved, then, they are incumbent on the developer to do it. If there is no requirement for the developer to do it, then, no one's going to do. So, in my opinion ACHD doesn't have -- it doesn't have the land use authority that you do to be able to say this is the -- this is the plat we approved, this is the -- now, if they won't sign the plat, that's an issue between the developer and ACHD to deal with, because they do have to sign off on the plat. So, if they have a concern about that they could raise it and deal with the commissioners at that point. But the commissioners have recognized that, again, you have a land use authority, they don't, so -- Simison: And my recollection, Councilman Borton, it wasn't so much about whether or not the city could or couldn't, I think there was disagreement on whether they should or shouldn't, but it was a lot more on the contingency of the inability to understand Centrepoint would ever or how it would ever connect. That was my -- that's more my recollection of the issues, but what do I know. Hoaglun: And, Mr. Mayor, that was my recollection, too, was the issue of that access of Centrepoint, when would that be done, and if it would ever be done and what -- what comes of that. I mean we were kind of holding phase four hostage here to make sure that gets done and I don't think that's a small matter when the applicant testified earlier -- and I heard him say that's, you know, a half million dollars worth of inventory there, you have got street, you have got sewer lines, you have got water lines, why wouldn't you develop seven lots if it's -- if it's there. It -- it just doesn't make much sense from a development standpoint not -- not to move forward with that and -- but the -- as we recognize, the Centrepoint completion is not in their control, so that's the -- that's -- that's the kicker there. I mean they can't develop that until Centrepoint is developed and -- and who knows with this senior living center going in, I'm sure other things will follow that as well, and -- and we will see when that -- what the timing. But to offer the phase four I Meridian City Council July 28, 2020 Page 44 of 81 think is a legitimate offer to -- to keep that closed until Centrepoint is open, but, then, if ACHD doesn't have that authority -- I was under the same assumption we were trying to do something that prevented action by someone prior to that. So, it doesn't sound like that's -- that's the case now. But they could not develop phase four until Centrepoint is open. Johnson: Mr. Mayor, I apologize -- Bernt: Mr. Mayor? Johnson: -- some members of the public have e-mailed they are having difficulty hearing Council. Simison: Okay. Bernt: Mr. Mayor, Chris, any specific individuals are they having a hard time with? Johnson: Did not indicate. It was -- just did come in this moment. Some of those -- Councilman Hoaglun or whoever spoke previous to him. Bernt: Mr. Mayor, I -- Simison: Councilman Bernt. Bernt: I'm -- I'm in agreement with Council Woman in a sense that once Centrepoint -- that connection is made to Wainwright Dashwood is going to be a mute point. You're -- you're going to see -- you're going to see very little traffic going through that connection. It's just -- just my opinion. I was on Planning and Zoning as well for a while and saw thi s time and time again, people are going to take the path of least resistance. I couldn't agree more. So, they are going to go straight up that connector from Centrepoint to -- to Wainwright 90 plus percent of the time. So, if -- just also my opinion, but I will reiterate what I said before and I will say it again, this -- the success and the safety of -- of those who will be living in the apartment complex south of this proposed project is totally determined on the connection from Centrepoint to Wainwright. It's essential in my opinion and I will leave it at that. Hello? Is the -- is the volume on? Simison: The volume is good. Bernt: Okay. Simison: Just looking for anybody that would like to take -- Bernt: I thought -- I thought I lost everybody. I apologize. Simison: It was just so brilliant in my opinion that I had nothing to say. Meridian City Council July 28, 2020 Page 45 of 81 Bernt: Sorry to ruin the silence. Perreault: We are all deep in thought. Simison: Okay. Well, Council, I think I can count and know where the votes are on this issue, but my -- my denial last time was predicated on the issue of Dashwood alone, so if you guys believe you're in alignment or agreement on that issue and whatnot, then, I think that you are probably ready to move forward if you can figure out what you want to do about the phasing, if that -- where that fits into this conversation. Or we could take a ten minute break for everyone to gather their thoughts and feelings and -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I started work very early this morning and I think I'm on like hour 13, so a short break to refresh my mind would be great. Simison: Council, do you need a ten minute break? Okay. Let's go ahead and take a ten minute recess. We will reconvene at 9:00 o'clock. (Recess: 8:50 p.m. to 9:01 p.m.) Simison: Council, I will go ahead and bring us out of recess and we can continue this conversation or -- the public hearing is still open if you need additional information or would like to start taking -- taking action on this item. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I'm going to move this toward the action part and we will see where we go. I move that we close the public hearing on Item 6-C, H-2019-0027. Hoaglun: Second the motion. Bernt: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Borton: Mr. Mayor? Meridian City Council July 28, 2020 Page 46 of 81 Simison: Councilman Borton. Borton: We have had a lot of good discussion on this with the applicant and Hethe's done a really good job and the public has provided extremely valuable input over the various hearings that we have had and you can see the Council wrestle with these decisions and considerations, because there is -- there is not a clear bright line policy consideration that makes some of these issues difficult for us to address, which you can tell that everyone takes the concerns of the public extremely seriously in trying -- to try and make sure that we get those addressed. So, we have wrestled with it at length trying to address those concerns. I think the balance of considerations support approval of this project. I think it's -- where I find it to be most appropriate is that Condition 1-F which speaks to the new phasing plan and Dashwood, that it be approved -- that this project be approved and that phase four does not commence until Centrepoint is connected to the north as the applicant had proposed and that that Dashwood remain emergency access only in perpetuity. I think there is -- there is pros and cons to both and we have discussed them greatly, but the citizens' considerations do weigh heavily on all of us and I think tie goes into that consideration in this unique circumstance. So, I will make a motion for approval of H-2019-0027, with the modified 1-F. Again, phase four doesn't commence until Centrepoint is constructed to the north and connected. Dashwood remains emergency only access. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I will second the motion. Simison: I have a motion and a second. Is there discussion on the motion? Seeing no one wishing to discuss the motion, I will ask the clerk to call the roll. Roll call: Bernt, nay; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: Five ones, one nay. Motion passes. MOTION CARRIED: FIVE AYES. ONE NAY. D. Public Hearing for Hill's Century Farm North (H-2020-0080) by Kody Daffer, Brighton Development, Inc., Generally Located South of E. Amity Rd. and East of S. Eagle Rd. 1. Request: Modification to the Existing Development Agreement (Inst. 2020-059662 – provision #5.1g) to allow building permits for the commercial portion of the development to be issued prior to subdivision of the property. Meridian City Council July 28, 2020 Page 47 of 81 Simison: Thank you to all the staff and public and the applicant for sticking with the conversation. Next we will move on to Item 6-D, public hearing for Hill's Century Farm North, H-2020-0080. I will open this public hearing with staff comment and turn this over to Sonya. Allen: Give me just a second, Mayor. All right. Mr. Mayor, Members of the Council, the next application before you is a request for a development agreement modification. This site is located off the southeast corner of East Amity Road and South Eagle Road. This property was annexed in 2015 with the requirement of a development agreement , which has been amended three times previously. A rezone, preliminary plat, planned unit development for an age restricted 55 and older gated community and a conditional use permit for a self -service storage facility was approved earlier this year. The Comprehensive Plan future land use map designation is mixed use neighborhood. The applicant proposes to amend Provision 5.1G in the existing development agreement to allow for building permits to be issued in the commercial portion of the development prior to subdivision of the property as currently required. Because commercial property isn't typically required to be subdivided prior to issuance of building permit, staff recommends the existing provision is stricken and alternative language is provided instead that would simplify the requirements for subdivision of the property, which the applicant agrees meets their intended purpose as follows: The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised concept development plan dated October 30th, 2019. Building permits for the community center complex may be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits. Written testimony has been received from the applicant Mike Wardle, Brighton Corporation. They are in agreement with the staff report. Staff will stand for any questions. Simison: Thank you. Council, any questions for staff at this point? Seeing none, I will turn this over to the applicant for ten minutes. I believe -- I don't know if this will be Mr. Wardle. Johnson: Mr. Mayor, I have Mr. Phillips in the room as well. Simison: Okay. Wardle: Mr. Mayor, Council Members, Mike Wardle, Brighton Corporation, 2929 West Navigator, Suite 400, Meridian. 83642. Sonya has laid it out perfectly. It was an oversight when we went through this process just a few months ago not distinguishing between the commercial and the residential portions and as Sonya noted, typically the commercial does not require the same type of subdivision platting requirements as a residential does. So, even though the language that staff has recommended is slightly different from what we have proposed in our application, we concur with it and ask for your approval. Meridian City Council July 28, 2020 Page 48 of 81 Simison: Council, any questions for the applicant? Okay. This is a public hearing. Mr. Clerk, do we have anyone signed up to testify on this application? Johnson: Mr. Mayor, the only sign-up was James Phillips and he is in, if he has anything to add. Simison: Okay. Mr. Phillips, if you would like to provide testimony, you can unmute yourself and you will be recognized for three minutes. If you could state your name and address. Phillips: Thank you. James Phillips. 4140 East Rockhampton Street, Meridian, Idaho. 83642. Hillsdale Creek community. I did have a presentation. I will go ahead and just share my screen if that's all right. Johnson: Okay. Phillips: Let me know when -- Simison: We have it up. Chris, could you reset the timer for three minutes once he starts speaking. Phillips: Mr. Mayor, Members of Council, the purpose of this brief presentation is to provide some insight to specific challenges that southeast Meridian residents are facing and how the mixed use designations could be best used to address these specific challenges. To that end I just wanted to show a visual representation of the 2019 new residential units. As you can see and to the surprise of probably no one, southeast Meridian is one of the residential hot spots. Examining more closely we see that Ada county assessor already has over 850 residential lots designated in the Century Farm, Hillsdale Creek area. Note this does not include the Hill's Century Farm North land that is being discussed right now. Those numbers also don't include the 850 plus residential lots that are part of the Sky Mesa development and surrounding neighbors to the west, the Shelburne development and surrounding neighbors to the north, nor does it include the preliminary plat plan that we recently received in the mail for development of 355 additional dwelling units that will be -- that's proposed to go across the street from Hillsdale Elementary. As you know with the growth comes challenges and it's my hope that the city ensures that the mixed use designation addresses these challenges. Community Planning Association of Southwest Idaho, COMPASS, specifically calls out mixed use development as an effective land use strategy for improving transportation and accessibility to meet the needs of residents. By having commercial in close proximity to those residents and Meridian's own mixed use neighborhood description it mentions that mixed use designation can be used to provide the surrounding residents goods and services that they need on a regular basis and provide employment opportunities. It goes on to provide sample use for the commercial aspect of the mixed use neighborhood as you can see there. Currently when the southeast Meridian residents like myself look for various services, this is often what we see in the Google Map results. Here is an example of coffee shop, salon, and you can see there is a big vacuum of space just south of Victory. Meridian City Council July 28, 2020 Page 49 of 81 Sandwich shop. Ice cream shop. These are all just the different types of uses indicated in the -- the mixed use neighborhood. A gift shop. Drug store. Here I think there is a Rite-Aid about a mile north that just so happens to be in your -- in your -- in network. The 2019 new building permits visual shows only a few nonresidential permits, the red dots in southeast Meridian, which does little to alleviate our concern around the last commercial goods and services immediately underway. Certainly there are other mixed use designations in southeast Meridian, for example, the plaza across the street of Eagle and Amity that's planned to go in, will help. As you can see from the FLUM there are not any commercial only designation -- designated areas south of Victory. For this reason we need to embrace the commercial aspect of mixed use designation in southeast Meridian in order to create a walkable, bikeable, and serviceable community. And that's kind of the gist of it I guess. In conclusion, I hope the City Council will ride through the -- around storage units specifically -- while technically are commercial, my question is is whether or not they are really the best use of mixed use designation, specifically as it pertains to southeast Meridian, whether it's a general lack of goods or services within close proximity to its residents. Thank you. Oh, I did look up also the Google Map results of storage units. There is actually one south of Victory. Last time I rented a storage unit it didn 't matter whether it was walking distance really or not, I had to bring my truck anyway. It is a prime commercial location. The primary and secondary arterial roads to kind of go to waste. Simison: Mr. Phillips, if you could wrap up, please. Phillips: Yes. And, in conclusion, that's it. I just wanted to make sure that it was -- I was able to speak to some of the concerns that I have, along with other people in the community with -- that live in southeast Meridian around not having a lot of commercial in this location. Simison: Thank you. Council, any questions? Okay. Thank you very much, Mr. Phillips. This is a public hearing. If there is anyone who is still watching online that would like to testify on this item, if you can indicate your desire to do so by raising your hand. Seeing no one who would like to testify, I will turn this over to the applicant for final comments. Wardle: Mr. Mayor, Council Members, thank you. I'm going to ask Sonya to bring back the site plan, because Mr. Phillips has actually identified the real thrust of our whole program for what we call Century Farm North. There we go. As noted when you look at the complex that started out there originally with the YMCA and Hillsdale school, we have a whole series of commercial parcels available in addition to the self storage that Mr. Phillips cited. So, all of the uses that he noted in that mixed use neighborhood element are possibilities. We don't have those committed at this point, but there certainly are going to be the types of services -- potential retail, as well as professional. So, I believe that the concept that we have brought forward and will be completed with Hill's Century Farm North actually accomplishes the objectives that Mr. Phillips was encouraging the Council to embrace. So, with that, again, we would ask for your change of that one governing condition, 5.1G, to allow the commercial uses to proceed in advance Meridian City Council July 28, 2020 Page 50 of 81 or platting, whereas the residential must be platted before building permit requests begin. Thank you. Simison: Thank you, Mr. Wardle. Council, any questions? Okay. Any discussion? Or motions? Or silence. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I guess to kick things off, I would close the public hearing for H-2020-0080. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any -- any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Hoaglun: Mr. Mayor, I think this is -- Simison: Councilman Hoaglun. Hoaglun: -- a fairly -- fairly straightforward change to do some things t hat staff laid out pretty clearly and put in a format that I think that we could support and so after considering -- I would move that after considering all staff, applicant, and public testimony I move to approve file H-2020-0080 as presented in the staff report for July 28, 2020. Borton: Second. Simison: I have a motion and a second to approve Item H-2020-0080. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion passes. MOTION CARRIED: ALL AYES. E. Public Hearing for Quartet Northeast (H-2020-0017) by Brighton Development, Inc., Located at 4020 & 4340 N. Black Cat Rd. Meridian City Council July 28, 2020 Page 51 of 81 1. Request: Annexation of a total of 68.73 acres of land with R-8 (48.42 acres) and C-G (20.31 acres); and, 2. Request: A Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots, and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. F. Public Hearing for Quartet Southeast (H-2020-0018) by Brighton Development, Inc., Located at 4020 and 4340 N. Black Cat Rd. 1. Request: Annexation of a total of 22.26 acres of land with an R-8 zoning district; and, 2. Request: A Preliminary Plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Simison: Item 6-E and F are public hearings for Quartet Northeast and Quartet Southeast, which are H-2020-0017 and 2020-0018. I'm going to open both these public hearings with staff comment and turn this over to Sonya. Allen: Thank you, Mr. Mayor, Members of the Council. The next applications before you -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Mr. Mayor. Sorry, Sonya. I didn't mean to interrupt. Before we start these two applications I feel it's prudent for me to recuse myself from these applications . One of my customers is involved with the building team that will be potentially building in this subdivision -- in these two subdivisions, so I think it would be important for me to recuse myself from these conversations, since I would be directly impacted by it. Thank you. Simison: Thank you. Allen: All right. Mr. Mayor, Members of the Council, the applications before you are a request for annexation and zoning and two preliminary plats. A property boundary adjustment application was recently approved in Ada county that adjusted the boundaries of the parcels south of the creek in Quartet Southeast to that shown on the proposed annexation and preliminary plat boundaries per the record of survey shown on the right. Two separate preliminary plats are required because the Five Mile Creek owned by Nampa-Meridian Irrigation District lies between the two properties, because both plats are proposed to develop and be marketed based on the overall project. This site consists Meridian City Council July 28, 2020 Page 52 of 81 of 86.44 acres of land. It's zoned RUT in Ada county and is located at 4020 and 4340 North Black Cat Road. The Comprehensive Plan future land use designation is medium density residential, which calls for three to eight dwelling units per acre, and that's -- excuse me -- approximately 50 acres of the site and mixed use nonresidential , which consists of approximately 41 acres of the site. A city park is also designated on the future land use map in this general area. The applicant proposes to annex a total of 90.99 acres of land between the two subdivisions with R-8, which is 70.68 acres and C-G, which is 20.31 acres, zoning and develop 186 single family residential detached homes at a gross density of 2.8 units per acre and nonresidential commercial uses on the site. The eastern 18 acre residential portion of Quartet Northeast is located within the mixed use nonresidential designated area, which is a nonresidential designated area that provides approximately a quarter mile separation and buffer to the city's wastewater treatment facility. Because the future land use map is not parcel specific, the applicant requests the medium density residential designation on the western portion of the property is extended to the collector street North Joy Way, which bisects the eastern portion of the property. The portion of the property east of the collector street is proposed to be zoned C-G and developed with nonresidential and commercial uses in accordance with the mixed use nonresidential designation. At the request of the city the applicant included the .97 acre outparcel at the southwest corner of Quartet Northeast Subdivision, where a sewer lift station is located in the annexation boundary. If you can see my cursor it's that little area right there. A concept development plan was not submitted for a nonresidential commercial lot proposed to be zoned C-G. The applicant states this lot will be the subject of future discussion with the city regarding a potential park site as depicted on the future land use map or consideration of other potential buffer uses determined by the results of the Public Works noise and odor study, which is planned to take place later this year. Although some residential uses are allowed in the C -G zone, staff recommends as a provision of the development agreement that no residential uses be developed on that lot unless a subsequent noise and odor study as conducted by the city determines residential uses are appropriate in that area. Two preliminary plats are proposed containing an overall total of 186 residential building lots, one commercial building lot, 29 common lots and two other lots. The subdivisions are proposed to develop in three overall phases, with the first two phases located along Black Cat Road and a third and final phase of the eastern portion of the site. The minimum lot size is 6,866 square feet, with an average lot size of 9,145 square feet. There are two existing homes, one within each of the preliminary plat boundaries, that are proposed to remain on lots in the proposed subdivision. These homes are required to hook up to city water and sewer within 60 days of services becoming available. Access is proposed via one collector and one local street from Black Cat Road. The collector street is proposed to extend over the Five Mile Creek and through the site to the north boundary for future extension to McMillan Road, consistent with the master street map. A 25 foot wide landscape street buffer is required along Black Cat Road and a 20 foot wide street buffer is required along the collector streets. A multi-use pathway is proposed offsite along the north side of the Five Mile Creek and along the east side of the collector street north of the creek to the north boundary in accord with the pathways master plan. If Nampa-Meridian Irrigation District does not allow the pathway and associated landscaping to be located on their property, the pathway should be provided within a 20 -- minimum 20 foot wide common lot along Meridian City Council July 28, 2020 Page 53 of 81 the southern boundary of Quartet Northeast Subdivision. A minimum of ten percent qualified open space is required to be provided in each subdivision. Six point six five acres is required in Quartet Northeast. A total of 7.6 acres or 11.5 percent is proposed and 1.99 acres is required in Quartet Southeast, a total of 3.4 acres, or 17 percent is proposed, which exceeds UDC standards. Open space consists of half of the street buffer along the arterial street, the entire buffer along the collector street, a linear open space and common areas exceeding 50 feet by 100 feet in area. A minimum of one qualified site amenity is required for developments over five acres in size, within an additional amenity required for each additional 20 acres of land being developed. Based on 66.52 acres, a minimum of three amenities are required in the northeast portion and based on 19.92 acres a minimum of one amenity is required in the southeast portion, for a minimum of four amenities overall. A community swimming pool, a tot lot with children's play equipment, segments of the city's multi-use pathway system and one acre of qualified open space beyond the minimum requirements is proposed as amenities in the northeast portion and an additional 1.41 acres of qualified open space beyond the minimum required is proposed as an amenity in the southeast portion , meeting the minimum standards. The Creason Lateral runs along the eastern portion of the north boundary of the northeast portion of the development within a 40 foot wide easement in a common lot and is proposed to be left open . The Five Mile Creek, which lies between the two plats, is required to be protected during construction. A portion of the site is within the Five Mile Creek floodplain. A floodplain permit will be required prior to development of this area. Conceptual building elevations were submitted as shown for the single family homes. Homes are a mix of one and two story units with building materials consisting of a variety of siding styles, with stone and brick veneer accents. No elevations were submitted for the nonresidential commercial portion of the development, as no development is proposed at this time. The Commission recommended approval of these applications . Mike Wardle and Jon Wardle, Brighton Corporation, testified in favor. No one testified in opposition or commented. Written testimony was received from Carrie Hovey. Concerns pertaining to traffic and safety of existing two lane roadways and the amount of development occurring in this area, which is worsening the situation, and impact of more development on areas schools. Would like these applications to be rejected or at least postponed until road infrastructure and schools can be prepared to handle the additional impacts. Key issues of discussion by the Commission were as follows: Concerns pertaining to growth and traffic and adequacy of existing infrastructure to handle more development until improvements are made in this area and the option of requiring the noise and odor study to be completed prior to development of phase three to determine if residential uses are appropriate in the area current -- currently designated mixed use nonresidential. The Commission made the following changes to the staff recommendation. They modified Condition B-1-2 to require the water main in North Joy Way to continue south through Quartet Southeast to provide a second connection out to Black Cat Road with the second phase of development , instead of the first phase as recommended by staff. There are no outstanding issues for Council tonight. Written testimony since the Commission hearing was received from Mike Wardle, Brighton Corporation, and they are in agreement with the Commission's recommendation. Staff will stand for any questions. Meridian City Council July 28, 2020 Page 54 of 81 Simison: Thank you, Sonya. Council, any questions for staff at this point? Okay. Hearing no questions -- Cavener: Mr. Mayor? Simison: Oh, Councilman Cavener. Cavener: Thanks, Mr. Mayor. And not a question maybe for Sonya, but maybe a question for either -- I see Laurelie is on. I think Dale is here as well. Just give me a sense about the status or the plan for the noise and odor study. I know it's something the department has been considering for a while. I'm just curious if you can give us a quick update as to what the plan is to conduct that and when do you expect it to be complete? Dolsby: Mr. Mayor, I can do that as well. Simison: Mr. Dolsby. Dolsby: Mr. Mayor and Council Member Cavener -- Cavener: Sorry. I didn't know you were on. I'm sorry. Dolsby: I jumped off and went down to chambers a little while ago, so -- the odor study has been kicked off. We anticipate to have the sampling for the study done in early August and towards the end of September we will get some preliminary results from the study, so that's kind of the schedule we are on right now to complete that study that they mentioned. Strader: Mr. Mayor, some follow up. Simison: Council Woman Strader. Strader: Maybe what would be helpful is kind of walk us through it. Is it an study, enough information to make a final determination on things? I mean that's -- to me its like a wind study, you know, like trying to capture the wind and what it's going to do. Is there an element of discretion involved here where you might require something more than an odor study ideally to make those final determinations? Dolsby: Mr. Mayor, Council Woman Strader, so to complete the odor study we do do some monitoring out at the wastewater treatment facility. Then there is -- we do have some subjectivity in the results. There is some standards of the industry that you want to keep odors within a certain level, like say the -- for instance, the odor study we completed in 2004 had a diagram that showed different levels of odor and as you move farther away from the plant, obviously, the odor dissipates. The plan that they have shown today that shows the phase one, two, and three, we measured it and the road on the edge of the development is about 900 feet from the corner of our property, which if you went by the study that we completed previously, it would be -- we would be in favor of the plan as it Meridian City Council July 28, 2020 Page 55 of 81 stands right now. There is no guarantee that the study we are kicking off now we will say the -- result in -- have the same result, but I would say that as time goes on we do try to be cognizant of odors. With new projects we complete at the facility -- we have enclosed our headworks facility last year, which was a major source of odor that we controlled. We are looking at that in future projects as well. There is still odor from the facility. Don't have a high level of complaints right now and we are completing that study as I mentioned. Cavener: Mr. Mayor, additional question if I may. Simison: Councilman Cavener. Cavener: Clint, recognize the study takes in kind of a moment of time today, how does the study comprehend future growth and the impact on both noise and odor, recognizing that the footprint that we have for the W RRF today will not be the same into the future. Dolsby: Mr. Mayor, Council Member Cavener, so the study will look at the projects we have planned in probably a ten to 15 year horizon, but, honestly, the -- the monitoring they are doing is just based on what's built out there today, but we do look at that horizon when we are looking at the odors that would emanate from the plant and we -- as we do future projects we are making a real effort to control odors in those projects. I mean there is no -- I guess there is no guarantee that there wouldn't be odors that would be reported outside of the areas that we designate, but we are doing everything we can to control odors as we do future projects at the wastewater plant. Cavener: Sure. Thanks, Clint. Simison: Council, any additional questions for staff at this time? Okay. I will turn this over to the applicant for their comments for 15 minutes. Wardle: Mr. Mayor, Council Members, again, thank you. Mike Wardle, Brighton Corporation, 2929 West Navigator, Suite 400, Meridian. 83642. Knowing that Sonya provides all the necessary information on this particular case, she has done so, we did not prepare a formal presentation. We do have some slides that perhaps we would refer to just to articulate a little bit more of the primary issue that you folks looked at and that is the relationship of the property to the wastewater treatment plant. Sonya, I'm going to ask if you would bring in the four slides that I have provided to you and it would be the second slide that I would ask you to focus on . And I have no clue whether it's possible from here or not, so I will rely on Sonya. Back a couple of slides, Sonya. It would be -- that's number four. So, if you go back to number two. There you go. Perfect. Thank you. When we sat down with staff in pre-application discussion of the overall site and property, we knew that this particular issue was going to be a primary point of discussion and concern. It was staff's opinion during that period of time that there probably could be some separation, because if you, essentially, connected the quarter mile location or the quarter section locations, you know, and did an arc around there, it would kind of resemble what the collector roadway, which becomes the easterly boundary of that project is. So, we went forward with a design on using that arbitrary line at this point, creating a Meridian City Council July 28, 2020 Page 56 of 81 nonresidential parcel for future discussion, knowing that the city would be conducting that study and leaving the question open to future consideration. An application. So, we are aware of the issue and I appreciate Clint's statement that based on the prior studies it would not be an issue with this particular proposal as it has been presented to the Council. We do agree with the -- the recommended conditions of approval and the Planning Commission's recommendations for approval of the annexation with the two R-8 and C-G zones and the approval of the preliminary plat conditioned as presented to you. So, unless you have further questions, I would stand for your -- I would just end at that point and allow for your discussion or consideration. I just would note, since Sonya did cite some of the considerations and discussions that the Planning Commission had, the school issue -- there was a letter presented and it's in the records from the West Ada School District that noted that there is an elementary school just nine-tenths of a mile to the north that will be opening this fall. Hopefully our children and grandchildren will be going back to school, but that facility is actually located partially on property from our Cambridge Subdivision project. They also noted that in the middle school situation -- and, again, it's the Star Middle School, but we don't control their school zones and boundaries, but there would at this point be 308 spaces available in that middle school situation and at Meridian High School 439 spaces available based on current enrollment and their capacity. With regard to the transportation system -- and it was cited that there was a comment made by Carrie Hovey in June prior to the hearing at the Planning and Zoning Commission, her concern expressed about, you know, infrastructure. We would just note -- and, Sonya, if you would go back one more slide -- thank you. There is a little orange dot kind of hidden in the area to the west side of that parcel and that's -- that's the parcel that Ms. -- Mrs. Hovey lives and the same mitigation will be provided by Quartet Northeast as the builder of her home two years ago provided through the impact fee structure of the Ada County Highway District. We all acknowledge the challenges, but, in reality the development in this particular case -- and you can see the -- the total of the future property development that we will be bringing forward -- will provide the infrastructure, sidewalks, roadway widening and improvements that are required by ACHD along that corridor that otherwise would sit and wait for some undetermined action in the future. So, acknowledge the challenges, but the school district has provided information to you, noting that there are -- there is capacity at this point in time and that we certainly will be contributing 187 times 3,143 dollars in impact fees to the Ada County Highway District for improvements in addition to those that we will also construct by widening at intersections and adding sidewalk along Black Cat Road. So, at that point I would conclude and stand for your questions. Simison: Thank you. Council, any questions for the applicant at this time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mike, one question that's come up occasionally and this application begs the question. On that phase three, which is to be zoned C-G, it's not platted and it's just in a holding period until the noise study is done. What's the -- the reasoning behind annexing Meridian City Council July 28, 2020 Page 57 of 81 that part now, other than it's just all one parcel perhaps? I mean given that a zone, you know, entitles it to immediate development rights and, you know, the noise study is going to be done and -- I'm not quite sure how that would formally constrict any future uses. I get the intent is all good, but help me understand that. Wardle: Well, Mr. Mayor, Councilman Borton, interesting that when we do bring parcels we are expected to bring them entirely or in the case of Quartet Southeast we had to do a property boundary adjustment to create that parcel, but there was already two parcels south of Five Mile Creek, so we just did an adjustment there. So, we would have had to have done the same thing in the northeast parcel, but, obviously, the landowner, the Quenzer family, didn't really want to break it up and create some uncertainty. So, it just felt like the solution was to bring it forward, but note that it would be at this point nonresidential. There are three options that will be forthcoming. One would be -- and it's uncertain as to why the city's recently updated Comprehensive Plan designation actually does put in a park site designation on that parcel in that nonresidential area, so it could be a park, if the city so chose, or it could be a buffer in perpetuity if the city determined that no use would be appropriate , but at that point, obviously, the city would have some responsibility to secure that buffer or based on a determination through the study that Public Works is doing some nonresidential use could be brought forward through some future application. So, it was primarily just because it was an entire parcel and I think you hit that right in the beginning of your comment. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's helpful, Mike. I guess one quick follow up on that is if it's , you know, two years down the road -- or maybe not too far down the road, but if a noise study says -- the noise and odor study says ultimately uses one, two, and three are appropriate, but four through ten are not appropriate, so the city says, well, now you can't do four through ten and you say, well, I have got a C-G zone, I want to do four through ten. I mean how does that -- how does that disconnect -- you used the phrase the responsibility is to secure the buffer with the city, I'm just trying to contemplate are there -- are there any unforeseen circumstances where the city in its study might say we don't think you should do X and you want to do X and how does that get resolved? How do we secure the buffer? Wardle: Excuse me. Mr. Mayor, Councilman Borton, through the same process that we are holding right now and that would be to start with site specific discussions with the Planning and Public Works staff to determine what uses would or would not be appropriate. So, it's -- it's a conversation that we know will happen in the future, but it -- I don't know that we can hypothetically dawn any conclusions this evening of what that may be or may not be, but it's open and it will be discussed and concluded in the future. Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council July 28, 2020 Page 58 of 81 Borton: The last question on it. And it certainly will probably get resolved and worked out as you have described and maybe it's a Mr. Nary question, but I just don't understand the -- what happens if you don't. I mean what are the -- what are the -- what's the structure built into this request today that allows that to be resolved. Let's say you are having that meeting and there is -- there is disagreement, is there something in the DA that says while the -- if there is a disagreement the city has ultimate final say on that issue or the applicant does or -- I just don't -- I don't understand how that works if there is a disagreement down the road. Wardle: Well, Mr. Mayor, Councilman Borton, again, staff's saying that it would -- there would be no residential uses there. There would possibly be commercial uses that would be appropriate, we just don't know at this point and we are not concerned at this point until the studies are completed and we know more of what the options are. So, I -- it's just a future discussion that we have, but we are not -- we are not at this point making any determination of exactly what that may be, we are just leaving it open. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just some thoughts. I think we are trying to be very forthcoming about our concerns now with people, with all this COVID out there with life. My main concern in tying the development of phase three to an odor and noise study is that from speaking with the Public Works Department I feel that that study is not an adequate determination of everything we need to know to make that decision. They are not cut and dry. It sounds like they are very subjective and they -- they can say that a two mile radius has some odors, that odors are worse the closer you get -- it depends on the way the wind blows. Just is a lot up in the air. I have been struggling a little bit. I think -- I would need -- personally, I guess I would like the applicant's feedback on is, you know, for phase three, not only could be contingent on the completion of a noise and odor study to determine appropriate uses, but I would also need, you know, the Public Works Department to opine that there is adequate buffer space next to the wastewater treatment plant and I would love to have them sort of sign off on the plan , if you will. So, sort of struggling a little bit with just having it contingent on just a study. I just -- I'm not sure that gets me there. I -- my initial reaction was just to delay the whole thing a little while until everyone could come to agreement and we have that input and from speaking with them it sounded like they were okay -- and I don't want to speak for them -- they are okay with -- they just said phases one and two, but I think three maybe not. So, that's -- I would like your feedback on that, because that's what I'm struggling with. Wardle: Mr. Mayor, Council Members, I'm going to turn a moment over to Jon Wardle to address this a little bit further. J.Wardle: Mr. Mayor, Council, Jon Wardle, 2929 West Navigator, Meridian. 83642. I appreciate the opportunity to -- to talk about this for just a minute, because I -- I have had very direct conversations with Mr. Bolthouse and Mr. Stewart on this very issue. It is a Meridian City Council July 28, 2020 Page 59 of 81 single parcel. So, let me just address that first that because it is a single parcel we are bringing it all in, annexing it at this time. But we did sit down very specifically and looked at that roadway alignment and, basically, established a line that Public Works -- and Clint can correct me if I'm wrong here and I will let you do that -- but we drew a line basically saying everything east of that line, which is the road, would be held in a zone that is compatible with the current Comprehensive Plan until the time that the odor study comes back and, then, we can sit down and talk through that again. We aren't asking for anything on that property at this time. We know that residential currently is not acceptable. We do know that there are conversations that need to be had, but that collector road that will go from Black Cat eventually all the way to McMillan provides a very good line at this point, which in our conversations with city staff, was that it was a -- was the delineation and so based on those conversations that we have had directly we felt like, yes, we could create the commercial buffer to the east and the residential to the west and those conversations, which would be, quote, phase three, could be had at a time in the future and we can come back with a full plan and, like Mike indicated, it could be a variety of things, but at this point we -- we are not asking for any of those, other than the zoning that would be acceptable to the city based on the Comprehensive Plan. Simison: Council, any further questions for the applicant? Strader: Mr. Mayor, maybe a follow up. Simison: Council Woman Strader. Strader: I guess I'm wondering if -- you know, is there any harm -- or help us understand your -- your timeline for your phasing and -- we are looking to get started like, you know, the end of July -- it sounded like there will be some preliminary feedback in early -- so some point in September -- I'm thinking we are two months away from getting the key input and possibly this could be a stronger application if you, you know, came with a -- maybe opinion for Public Works about an adequate buffer around the wastewater treatment plant. Maybe give me some feedback on that in terms of your timing . J.Wardle: Mr. Mayor, Council Member Strader, thank you for the question. I do want to restate that we did take this very specific plan to Public Works and the -- the location of that collector road is not like what -- that was deemed to be a good delineating point, so -- that we could come back in the future and address what would happen to the east and as noted by Sonya, we aren't asking for anything on the east of that collector road at this point in time. With that said, our phasing, however, we would be developing in Quartet Northeast, north of the Five Mile Creek first, about a 24 acre phase, but it does come down and it does connect to that collector road. Maybe, Sonya, we can go to the third slide here. Yeah. Right there is great. So, we would be building from Black Cat Road north of Five Mile Creek all the way through and making that first connection to the collector road, which is the buffer and also building a bridge over Five Mile Creek, so that we could provide secondary access. The timing of this is pretty critical for us. As you know, as we experienced recently with the construction on Ten Mile, and, then, building over Five Mile Creek, which also happened in the irrigation season, which also happened Meridian City Council July 28, 2020 Page 60 of 81 where we had a lot of rain and things like that , the ideal time for us to be building that bridge is this winter and so the longer we take to address what's appropriate of that collector road, which is -- which is a step point, by the way, the collector road as it goes to the north, that also aligns with a future collector on a -- to the north the existing public road -- getting this collector set so we can build it over the winter is pretty critical to us, because we would also be building secondary access out to Black Cat south of Five Mile and creating -- or finishing that water loop, which was also something that Public Works wanted us to do. So, we would have that life safety issue as well. So, that kind of -- that's the timing that we have in play right now. Strader: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question on the -- on the -- follow-up on the phasing, if you would. That first phase is in Quartet Northeast and I noticed that there will be -- the secondary emergency access will be that perimeter road where your -- your boundary is to the buffer and it will come to Black Cat there out of Quartet Southeast as a gravel road. I was just curious in future when phase one is completed and Quartet Southeast is phase two, if I remember correctly, is -- is that entryway off of Black Cat going to be completed for construction or are they just going to use that for construction? It's just interesting when we do these in- fill projects, the people that are already there are complaining we want the construction vehicles to come in a different way and even though it's -- it's empty right now, those folks will probably be saying the same thing when -- when phase two starts, how come they are driving through our subdivision -- you know, our part when they could come in another way. So, I was just curious about the timing or the -- how phase two would be accessed at that time. J.Wardle: Mr. Mayor, Council Member Hoaglun, thank you for the question. Ideally Quartet Southeast would be accessed directly off of Black Cat south of Five Mile Creek on that -- that collector road that we would be building. We, obviously, will have some coordination that needs to happen, but for the development work in particular we will be able to come right off of Black Cat Road to do that construction work. I also think that when homes are being built in Quartet Southeast, that that obviously -- the construction -- the direct line to get there would be off of that collector road as well and not coming through Quartet Northeast. So, I don't think the access from a development perspective for home construction will impact Quartet Northeast and, then, we move to the balance of that area of Quartet Northeast we will have that collector road that will come right off of Black Cat as well. So, I do think that we have -- we will be able to satisfy that and minimize the impact. We are very well aware of those. It does happen with every single multi ple phase project we have. You know, the first phase that gets built and phases later on happen. We do have a very tight builder team and we -- we do talk with them frequently when these issues come up, so we are aware of it, we do address it, and we will, hopefully, be able to minimize it over time. Meridian City Council July 28, 2020 Page 61 of 81 Hoaglun: Thank you, Mr. Mayor, Mr. Wardle, appreciate it. J.Wardle: Thank you. Strader: Mr. Mayor, I have a question for Bill Nary. Simison: Council Woman Strader. Strader: Hey, Bill, a question for you -- I'm thinking of some conditions of approval around phase three -- I don't know how the rest of the Council feels about it yet, I haven't proposed it, but any addition to the study that there is approval by the Pub lic Works Department in their sole discretion on the adequate configuration of buffer space around the wastewater treatment plant. I'm just curious along with what Councilman Borton was saying, if the phase three has a condition and this has a certain zoning, what are the teeth that the city has to ensure that that happens in the future? Nary: So, Mr. Mayor, Members of the Council, Council Member Strader, there is a couple of questions in there. First, I wouldn't recommend that you have Public Works be the final decider. I think ultimately the City Council should be the final decider on what goes there. The zone that's proposed, again, has some uses. Again, you can put a limitation on that portion of the DA that basically puts the C-G zone. I think from what I understand from looking at the staff report and listening to the testimony, the C-G zone would line up, because, again, that's uses that have previously been allowed here and so it was trying to be consistent with the current uses that are allowed. So, the concern wasn't that somebody would build a C-G project there without the Council of viewing it, but if you wanted something that required the Council to have to review whatever was going to be proposed there you certainly could do that. I don't know if the applicant would be resistant to something that -- that stringent, because, again, we have anticipated uses there other than residential and it's been that way for almost 20 years. So , I think what they are doing is trying to get some movement that residential could be considered -- Public Works' consideration of that in those studies. Council ultimately will be the decider on whether or not residential people will be allowed or any forms of residential, such as -- such as nursing homes or other types of things. But certainly we can craft the DA in any fashion, but I think that Council should be the final decision maker on that, with input, obviously, from Public Works and that we can craft whatever you want in that C-G zone or limitations on that C-G zone, but, again, in the past we have allowed other things in that C-G zone, such as storage, for example. That's why it's right there adjacent to it. Strader: Follow up, Mr. Mayor? Simison: Council Woman Strader. Strader: Totally appreciate that. I just consider this a very abnormal circumstance because of its proximity to the wastewater treatment plant and the specific safety and other concerns around co-locating there. So, if I can confirm, it sounds like a possible Meridian City Council July 28, 2020 Page 62 of 81 additional condition could be City Council final approval of any use in phase three with input from the Public Works Department. Is that right? Nary: Yes. Strader: Thank you. Simison: Council, any further questions for the applicant? J.Wardle: Mr. Mayor? Mr. Mayor? Simison: Mr. Wardle. J.Wardle: If I might, there -- that additional language that Council Member Strader was recommending, it likely would go into an existing condition that 's there already, which is A-1-E where it does talk about no residential uses shall be developed on that nonresidential commercial C-G parcel, including multi-family, vertically integrated residential, and/or nursing home care, unless the subsequent noise and odor conducted by the city determines residential uses are appropriate in that area. So, if -- if you are going to insert something additional, that probably is the spot to put it, just a little bit more clarification, but we have been reviewing these conditions and we are committed to work with Public Works and the city on that point, so -- so, that -- that phase three, which we represent -- it's actually -- we may have more phases in here, but we -- maybe we just will refer to it as the C-G zone, that nothing happens in that C-G zone until the odor study is complete. We have worked with Public Works and we come back to the city with an acceptable solution for that site in the C-G zone and a DA mod. Bolthouse: Mr. Mayor? This is Dale. Simison: Mr. Bolthouse. Bolthouse: I have been -- I have been kind of patiently listening into the conversation and I do have a couple of comments to make as it relates to kind of the historical process of this particular designation and I -- I just want to clarify a couple things for the benefit of -- of Council and the applicant. So, this particular area was developed as part of the 2002 future land use map process and was adopted in August of 2002. The first noise and odor study that was completed by Public Works at the wastewater treatment, did not occur until 2004 -- September of 2004. So, the initial designations that were made were a rough estimate of what might be a reasonable, proper space for nonresidential around the area. It was not predicated on any kind of noise and /or odor study. That came two years after this designation was created. Having said that, that study made an attempt to look at the existing processes at that time, make odor -- do odor analysis around the facility that each of the component processes that were in place at that time, project them to a future growth and, then, model based on atmospheric conditions, if you will, on what the probability would be that you would have odor concentrations and frequency that could constitute complaints and that overlay study and this designation in the blue map seemed to align Meridian City Council July 28, 2020 Page 63 of 81 reasonably well. That study also identified a number of ways that the facility can , in fact, make investments in the processes to reduce that odor -- reduce those sources of odor and many of those have been completed over last 15 to 20 years -- I guess 15 years since that initial study was completed. Clint did mention a few of those that have been completed -- the largest being most recently with the headworks project where the city made a significant investment in enclosure of those odor causing processes, as well as putting in an activated bio-filter system. There have been another -- other similar movements and just anything we do at the wastewater plant we do take into consideration, you know, its impact on odor. So, it's with that information that we now look at where we are at today. We have been planning this odor study for the last couple of years to get ourself an updated analysis completed to see what that looks like. It is our opinion that we believe that with the investments we have made in technology at the facility that it's likely to have improved since the original study was completed back in 2004 and as Clint mentioned that if we were to kind of overlay this d evelopment recommendation, that -- over the old report that it would likely suggest that the risk of odor concerns that are lined out here with the development phasing plan, would -- would likely be an acceptable situation and we hope that that gets confirmed with the study that's underway. As Clint mentioned that study will be concluded here in the month of August. We anticipate preliminary results and something to talk off of by the end of September and look forward to that effort. We did not include noise as part of this study. It did not go show itself as a significant issue back in 2002 and we have not added any noise producing operations in our facility that we haven't consciously made efforts to muffle and enclose and do those kinds of things for noise as well. So, we chose not to include noise, but rather it's just an odor study at this point in time. We have engaged with Brighton and Quenzer on this property discussion some time ago as we looked to secure additional access to the wastewater facility and so one of our options continues to be some kind of access along Five Mile, whether it followed our pressure sewers from our Black Cat lift station on through or in this case, you know, the possibility of securing an access way from the proposed development and the roadway and the bridge that's being proposed here. So, we have had a lot of conversation over the last few years in terms of how this property would develop, what kind of access was going to be secured with it and whether or not we felt like it was going to offer the city adequate buffering space from the no odor standpoint in the odor study. We have had four odor complaints that we have registered at the wastewater facility in the last five years. All of those odor complaints are downwind, if you will, to the east and to the south of the wastewater treatment facility. We have had no complaints in the other directions and we have had two complaints in 2019, one I believe in '17 and one in '2016. So, we look at the developed areas to the east and to the south and we recognize that that appears to be -- even with the prevailing wind, you know, a pretty adequate buffering situation in those -- in those directions. Simison: Council, any questions for Mr. Bolthouse? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 28, 2020 Page 64 of 81 Hoaglun: Not a question, just a comment to back up the director's comments there right at the end. For 25 years I have lived directly due east of the plant and it's exactly a half mile -- not to the edge of the property, but to the waterworks itself. And there were times that during the year when you could -- you knew the plant was there and I have to say over the years it has gotten better and better and I can't tell you now when -- when was the last -- when the last time was that I smelled anything from the sewer plant. So, I think their mitigation efforts are helping and it certainly is not an issue where there is going to be a lot of -- a lot of complaints. They do a great job there. I can see, you know -- and the prevailing winds do tend to come from the northwest and west, so -- and occasionally the wind may shift, but certainly if they have laid out that buffer area and are going to explore that, I think that's -- that's a good thing. It's -- I think it's something they need to do, but with the way our plant's operated I'm fully confident they are not going to find much, so I'm optimistic about that just based on experience of living there and having that grow in -- in our neighborhood if you will. Simison: Thank you, Mr. Hoaglun. Council, any further questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, Jon or Mike, whoever would like to respond to this. I want to start a conversation in a different direction regarding traffic movement on Black Cat, transportation in that area. A lot of the information in the ACHD final report was from earlier in 2020 and -- and prior years and I really don't feel like it reflected -- accurately reflects what is -- what is going to be happening along Black Cat with the many different applications that we have had this year. I think we approved three last week off of Black Cat, something like that, and so we -- we have a lot of residences coming in in a very, you know, short distance from one another. So, what I specifically was wanting to find out from you is did you have any conversations with ACHD regarding when their exact timeline is -- or more specific timeline for the widening of Black Cat between Ustick and McMillan? I know it's set in the -- the five year plan between '21 and '26. Have you received any information from them on when they are going to start design, sort of what the time frame is for that and how -- and, then, could you share with us how it relates to when you -- when your properties will be complete and ready for sale? J.Wardle: Mr. Mayor, Council Member Perreault, thank for the question regarding transportation. We -- we know that is a -- very much a hot item everywhere. Fortunately, when we did -- and I can't talk to what's happened in the last couple months, but we did go through a full traffic study on this with ACHD, taking in all of the background of projects which are -- had been approved and in the pipeline to look at it. So, we -- we are aware that transportation is something that is very much on the top of everybody's mind. But you are correct that they -- this -- this segment of Black Cat is in their five year work program. I do not have a date in terms of when we will be looking at design. We -- we actually -- and we could probably go back to the previous exhibit that will show it, but we do control a lot of the frontage here all the way down to Ustick down. At this point in time Meridian City Council July 28, 2020 Page 65 of 81 we are only bringing in a small portion of the project, so that we can start making these life safety connections across Five Mile Creek. We will have more robust conversations with them as well. There is a roundabout planned at this intersection. There are -- at the intersection -- at the half mile that we would be completing and working with them and I would anticipate we would also do a -- a cooperative development agreement to make these improvements as we are working on the project, so that we are not holding out a long period of time. Now, there is a quarter mile north of us, which we don't control, so we will have to have that conversation with ACHD on how to make that happen as well. So, we -- we very much are aware of the traffic situation and we will continue to work with ACHD like they have with other projects to expedite improvements as much as we possibly can. Simison: Council, any further questions? This is a public hearing. Mr. Clerk, did we have anybody sign up to provide testimony on this item? Johnson: Mr. Mayor, we had nobody sign up in advance. Simison: Okay. Johnson: We do have a hand raised. Simison: Okay. Johnson: That is Denise LaFever and she's coming in no w. Simison: Okay. Denise, if you can provide your name and address for the record and you will be recognized for three minutes. You will have to unmute yourself. LaFever: Got it. My name is Denise LaFever. I'm at 6706 North Salvia Way. I do have some comments back. I was present at all the comp steering committee meetings and I took them seriously. On the day that the future land use map was discussed, Mr. Turnbull and Mr. Wardle were both there. I asked the committee to allow both of them to participate. The mixed use nonresidential that's -- that's shown on the application was later specifically discussed at a later meeting. The developers present voiced their concerns. The consultant, Brian and Caleb, based on comments from the city staff folks all held to keeping this area mixed use nonresidential due to the plant use not being compatible with residents. Residential complaints. And the biggest concern was future plant expansion. They held very strongly to keep it the way it was. In addition to that, I also have concern of just blanketly taking a C-G zoning without any idea or concept of what is going to be built there. That just really puts a real bite into what if they go back to it and want apartments, unless it's conditioned that there is no residential in there. What if the use is really high and now we didn't take into compact that -- take into consideration the additional liability that that may cause for this addition. In addition to that, on the north -- the northwest area, it wasn't really clear what that's going to be developed. Was that -- was that designated float -- floated to mixed use -- mixed use residential? Is that -- I just don't see -- I just don't see where it's really clear what these large chunks of lands Meridian City Council July 28, 2020 Page 66 of 81 are going to be developed as, which causes a lot of angst for residents in the future, especially those residents that move in to those subdivisions that think that they are going to go back through and have something developed over there , only to find out that the use -- they think they moving into a subdivision and now all of a sudden they have storage or -- or a big commercial use or some other use that they weren't anticipating. I just don't think it's right for the residents. But, furthermore, this was discussed at length at our meeting and it was decided to keep this mixed use non residential. That's all I have to say. Simison: Thank you. Council, any questions? All right. Seeing no one else on the call who would be able to testify to my knowledge and no one in the room, I will turn this over to Mr. Wardle for -- the other Mr. Wardle for closing comments. J.Wardle: Mr. Mayor, again, Jon Wardle for the record. Thank you very much for the opportunity to testify. I -- candidly, yes, we were very much at the table during the comp plan discussions. We had submitted not only verbal conversations in those meetings, but also letters regarding this issue. We made a very concerted effort to go meet with Mr. Bolthouse and with Mr. Stewart regarding this issue. I think Mr. Bolthouse has already addressed this, but the location of the collector road that we are showing here really is where the city feels like this impact is -- we don't have an impact. So, the collector really is a good designation for this and that's why it's delineated exactly where it is. It provides over 900 feet from the corner as it exists currently from the wastewater treatment plant corner. So, we have not gone into this with -- with some level of understanding. We -- it was also stated to us at the time that the comp plan was going forward that the city wanted to initiate this odor study and, therefore, at that point they didn't want to make a change to that. So, what we are proposing here as part of this annexation and zoning request is to use the collector road as the point. East of it would be C-G. West of it would be residential. We -- we are committed to not proposing any residential on that until there is some sort of consensus as what the appropriate buffer should be on the wastewater treatment plant. And we also know that the city has recently acquired land directly north. There may be a portion of that that -- that truly needs to be the buffer and we understand that as well. So, there is conversations that need to happen , but the C-G zone is appropriate. There is a condition in there that holds very clearly that no residential uses can be proposed. That will be in the development agreement and we -- you know, we agree with that. There is more work to be done, but that C-G zone will come back to the city in the future and we will discuss the appropriate uses and any modification to the development agreement which would be appropriate at that time. We do request your approval. We are excited to be able to propose Quartet and to provide additional opportunities in Meridian, which is a great place to be. One of the things that's kind of overlooked here, but it's important where we have been very focused on with all of our communities is how do we connect people in a nonvehicular way. Five Mile Creek is -- is something that we control quite a bit of. The city controls Five Mile Creek and we are going to be able to create another regional pathway that will connect from Black Cat to Ten Mile where you have connections the other direction already. That's something that we probably should have talked about a little earlier, but that's a great community asset. Not just a Quartet asset, but a community asset for all of Meridian to continue these Meridian City Council July 28, 2020 Page 67 of 81 regional pathway systems. We do request your approval of the Quartet projects and I would stand for any other questions you might have for me tonight. Simison: Thank you. Council, any additional final questions for the applicant? Okay. Thank you, Mr. Wardle. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be happy to kick off a discussion or happy to close the public hearing, but we have had a bad track record of doing that, but looking around should we just discuss? So, I -- I think in my opinion I really would like -- if we move forward with this project for me to be comfortable I would need not only the completion of the odor study, but I really feel to be comfortable I would, then, need City Council approval on any future use for phase three with input from the Public Works Department. I just think that this location is critical -- an extra critical infrastructure and having their input on the configuration of buffer space is essential and we only have one chance to get it right. I wouldn't even be comfortable tying it to one of the other conditions . I think it should just be in blanket condition for City Council approval on any future use for phase three. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: The battery in my iPad is going to die, so I will share my comments before I maybe relocate back into Council Chambers. I really like the idea of this project. Brighton's got a good track record in our community, but, man, I -- I have some really strong reservations -- not even about phase three. There is elements of phase one and two that I think are -- are, frankly, too close to the wastewater treatment plant that without current updated data it's really hard for me to get on board with this project right now. I'm supportive of having a conversation about limiting anything in phase three. I appreciate what the applicant has done and relying on data and engaging Public Works early on, I just think that some of this is a little premature without a sound and -- and odor study being complete. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I'm -- I'm less reticent about moving forward. From the standpoint where we have had Public Works engaged in this, we have had them out there -- there has been a previous odor study. Although it's been a while and it definitely needs to be updated and they feel comfortable with that -- where that boundary is to put out there and they are -- they are marking that off, they are not going to put any residential in that eastern part -- Meridian City Council July 28, 2020 Page 68 of 81 Simison: Councilman Hoaglun, it seems like they are having a hard time hearing you. Try a little less is more. Hoaglun: A little less is more. How is that? Less is more? Can you hear me? Kind of? Cavener: That's better. Hoaglun: This is too much; right? How is this? Cavener: Not great. Hoaglun: How is this? Cavener: Even worse. Hoaglun: How is this? Better? Cavener: Wonderful. Yeah. Hoaglun: New Microphone. Okay. Yeah, they just wore out. I was just saying I'm less reticent about having this move forward from the standpoint that they have engaged Public Works, they looked at where the areas of impact could be -- possibly be. They have done previous odor studies. I would like to think Public Works, if it had concerns about this would have made certain that they would be known and -- and Mr. Bolthouse had talked about and gave us some background on -- on how it all transpired and whatnot. The technology at the facility, as I have experienced firsthand, has -- has improved tremendously and I think the covering of the -- the unit -- and I can't remember what it's called, the waterworks one, has -- has reduced some of that odor immensely. I mean we have Five Mile Creek right there and we have a -- our pathway system is going through that and we certainly don't want people -- what my son would call when he was three years old -- stink your nose. You know, hold your nose when you walk by. So, you know, we -- that's -- that's a city amenity. So, we know we have to make sure that that facility is operating well within tolerances of -- so people won't have to stink their nose and -- and that means people who live nearby and there is other development that's going to happen. The area around that is a -- is a commercial application, because we can feel comfortable that offices, warehouses, whatever is in those areas under our C-G zoning will be within -- well within means. They aren't going to be there at midnight and if there is a burp from a methane tank or something, whatever might happen, no one -- no one is going to notice that. So, I'm -- like I said, I'm less reticent. I mean I'm open to ideas on some of this, but I just don't have as much angst over it, but I'm willing to certainly discuss it further. Simison: Council, my two cents for your consideration is -- you know, we often hear about people that buy a piece of property that expect a house -- they see an empty field and, then, they didn't know what's going to go in next to it. In this case we have a developer who will have a fully functioning wastewater treatment plant in operation where people will be purchasing a homes yet to be built and will have the opportunity to be on premise Meridian City Council July 28, 2020 Page 69 of 81 first hand and see, hear, and smell before a single home is ever purchased. If that's not buyer beware I don't know what is and, quite frankly, I can't think that a developer is going to put homes in an area that are going to -- you know, knowingly before they are ever sold be -- be subject to those circumstances. Now, I could be wrong. Maybe there is a market for smelly homes that I'm not aware of, but I do think that sometimes common sense and practicality does weigh out and the, you know, future buyers of these homes have one hundred percent full disclosure of the situation, more so than a vacant field that may turn into something else that they don't like. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I -- I couldn't agree with you more. But, then, I -- I recall I think when I worked for the city watching what happened in the city of Nampa with the Lactalis Cheese Factory and development occurred around that and suddenly the people that moved around the cheese factory were upset about the noise and the smell coming out of the cheese factory. The piece that causes me pause is that we are not done building the W RRF. As Meridian grows and expands so, too, will our need to expand out on that campus and we know that citizens will have an expectation based on when they move out there, but any changes or shifts I think will likely be met with a lot of public resistance that I just don't think is appropriate. So, I hear you and I think that you are correct, although other municipalities where the public would understand, haven't necessarily come to that same conclusion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I -- I think I'm tracking mostly with my fellow Council Members' concerns, but I want to throw a couple of -- of things out there. First of all, there is -- there is a lot of residential already built around the existing treatment plant to the east. All along Ten Mile there is -- there is a lot of -- of subdivisions and residences already there and I trust that Mr. Bolthouse when he says that they have had four complaints in the last five years, that he's done his research on that and that there wo uld have been more complaints from those residents that will be just as close -- or that will be about the distance, probably, as the residences on the east side of Ten Mile. We already know that people live in and near the plant -- the plant as it is and that we can use that information as a -- that history as an indication of what the public's concerns are regarding the wastewater treatment plant. In addition, we still live in a rural agricultural area and I don't know if you have ever lived downwind from a dairy, but it smells a heck of a lot worse than a wastewater treatment plant does and we are not having conversations about whether we are building -- we are building subdivisions next to dairies or building subdivisions next to cattle ranches or building subdivisions on old potato fields. So, I'm not trying to be Devil's advocate, but, truly, I mean -- I under -- I do understand the concerns, but it's kind of like, okay, if we are going to have these discussions for this applicant about the wastewater treatment plant, then, we need to be having other discussions about other uses that are creating just as Meridian City Council July 28, 2020 Page 70 of 81 much of an issue with -- with smell. So, I would say I -- I agree with the Mayor in terms of -- from a real estate standpoint the wastewater treatment plant is existing. There is nothing between this and there is nothing that -- that the consumer would be unaware of going into this and now for the individual who did live in -- in subdivisions 15 years ago and didn't know that -- that Meridian was going to expand, didn't know that there was going to be an additional 40 acres that were purchased to make -- you know, to grow that wastewater treatment plant, that's a different story. At that time there was no way to know. But now that information is going to be available to everybody that comes through there. So, I'm not saying that as a -- specifically advocating for approval of this, because my concerns are very much surrounding the traffic and transportation in that area. I have lived off of Black Cat for 11 years, I have seen the changes that have happened and my -- my primary concern is that we will create a similar situation to what's happening on -- near Century Farm, which is another Brighton community right there on Taconic where we have one subdivision on the east side of the road, we have another subdivision on the west side of the road and we have what is slated to be a roundabout in between, which currently there is nothing in between, it's just a -- a HAWK signal I think it what's out there. And so I'm very concerned that we are going to create that same scenario between what's existing on the east side and the future site that will exist on the west side and that we are going to be back having conversations just like we have been having over and over and over again with Sky Mesa and Century Farm on a two lane rural road where we have a lot of traffic coming in and out of there on a daily basis and the re are safety concerns and there is concerns about kids getting to school, because we have an elementary school going in on the east side of Black Cat and all these new developments coming in on the west side of Black Cat where there is no crossing across Black Cat whatsoever and there is already Coleman Homes going in there on the west side. The Oaks is expanding. We have more -- we have an entire -- there is 700 homes in the Oaks North. There is a couple of more subdivisions that are slated for that area with absolutely no crossing for our elementary school kids to go into Pleasant View. Those are the kind of concerns that I'm really having with this application, more so than -- than the wastewater treatment plant, because those are things that -- that -- that a homeowner or home buyer can know. Simison: And if Council Woman Perreault just opened up the conversation about roundabouts, let's go. I'm ready for that one. Perreault: Let's not. It's 10:30 at night. Mr. Mayor, follow up. Simison: Council Woman Perreault. Perreault: It seems we oftentimes comes back to this conversation about is it fair to deny or to continue or hold off on a particular application , because we will -- when we didn't hold off on other prior applications because of transportation challenges and we -- we have this conversation really frequently -- it's a conversation about transportation, the conversation we have about schools, which is why we are doing an awesome job with -- with getting more staffing to help manage the city concerns. But, honestly, I'm aware of the -- the fact that it is a challenge to decide where do we stop, where do we draw that Meridian City Council July 28, 2020 Page 71 of 81 line, what's safe, what's not safe. And I understand all applicant concerns when we start having conversations about how many is too many when past ones have been approved and -- approved and, yet, it doesn't seem like the highway district is -- is -- you know, is -- gives a report where the traffic concerns are going to be worse than D or E or whatever -- whatever the -- that -- you know, whatever the requirement is to -- to do the widening prior to having more residences come in. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One of the -- the remarks Council Woman Strader had an idea that -- that had great merit with regards to phase three I think. I'm comfortable moving forward on this application. But I think that suggestion of the standalone DA provision that -- that required what it sounded like -- might confirm it if that's correct. It sounded like whatever future use would be contemplated on phase three, that would -- the DA provision would be written to require that to come back to City Council for ultimate approval. You would work it out with Public Works and staff and -- but, nonetheless, the ultimate decision of what would go in phase three and how it would go in phase three, that portion, that would come back for a future Council in the form of a DA modification request to permit that specific use to be determined at that time. I think that's what I heard and if that were to be the way that condition would go forward, Mike, is that something that you would be supportive of? Or comfortable with? Living with? J.Wardle: Mr. Mayor, we have got a question directed at us. The simple answer, Councilman Borton, is, yes, we would be comfortable bringing back -- back to you specifically on the C-G zoned parcel -- we keep saying phase three, but the C-G zoned parcel, we would work it out with Public Works and we would come back and the City Council would have an opportunity to review that as well. Borton: Thanks, Mike. I think that's what I heard and I think -- Simison: Jon. You said Mike, but it's Jon. Borton: Oh, Jon. Sorry. I'm just reading. It's late. J.Wardle: I have been called worse. Borton: I apologize. J.Wardle: No need to apologize. It's all the same. Borton: Thank you for clarifying that, so -- Strader: Mr. Mayor? Meridian City Council July 28, 2020 Page 72 of 81 Simison: Council Woman Strader. Strader: I move that we close the public hearing on this application. Borton: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Is this closing the public hearing on both of the applications? Simison: It would be if the first makes that so and the second agrees. Borton: Second agrees. Strader: I agree. Close the public hearing on both. Simison: Okay. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE RECUSED. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I want to give this a try and I'm counting on Councilman Borton to correct me if I go astray. All right. After considering all staff, applicant, and public testimony, I move to approve file number H-2020-0017 and H-2022-0018 as presented in the staff report for the hearing date of July 28th, 2020, with the following two additional conditions. Number one, that the noise -- that the odor study is determined prior to the development of these three. To determine if residential uses are appropriate in the area currently designated mixed use nonresidential and the second condition that the approval of City Council will be required for any future use for the C-G zoned parcel and that we will take into account input from the Public Works Department and other city staff at that time. Borton: Second. Simison: I have a motion and a second. Is there any discussion on the motion? Meridian City Council July 28, 2020 Page 73 of 81 Nary: Mr. Mayor? Mr. Mayor, Members of the Council, Council Woman Strader, I think both section and references need to be C-G zoned parcel, rather than to phase three. But other than that I think that's fine. Hoaglun: Mr. Mayor? Strader: I agree and will amend the motion. Simison: Does the maker of the motion agree with Mr. Nary -- Borton: Second agrees. Simison: Second agrees. Councilman Hoaglun. Hoaglun: Mr. Mayor, I just want to make sure I heard correctly. Was that the noise study or odor study? Strader: Odor. Hoaglun: Odor study. Thank you. Simison: Is there any discussion on the motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just -- just kind of a brief comment. I -- this applicant's done great work in our community for a while and we belabor the point a bit, but fully trust that the applicant understands the intent of the city and the desire and concern on the buffer consideration. So, we appreciate the -- kind of the cooperative commitment that you have made to continue that with that intent. It's much appreciated. Hoaglun: Agreed. Simison: Any further discussion? Allen: Mr. Mayor, may I clarify the motion, please? Simison: Yes, you may. Allen: Odor study prior to development of phase three and that is the residential portion in the mixed use nonresidential designated area on the west side of the collector we are referencing; correct? Strader: Yes. Meridian City Council July 28, 2020 Page 74 of 81 Allen: And, then, that would not require a modification to the development agreement, that would just require the odor study prior to development to ensure residential uses are appropriate in that area; correct? Johnson: Mr. Mayor, it looks like they are having difficulty hearing us. You want to come back in the room I think we -- we can shift you in there if you need to speak again, but otherwise -- Hoaglun: Mr. Mayor, question for Sonya on that. Did you say west side of the collector? Allen: Yeah. There has been a bunch of discussion about phase three and the commercial portion of the development. I just want to make sure we are all on the same page. So, phase three is the residential portion of the development on the west side of the collection street. The commercial is on the east side of the collector street and it's not shown on the phasing plan as a phase. So, if -- if the concern is that the proposed residential uses in the mixed use nonresidential designated area on the west side of collector, the odor study is shown to impact that area, then, that's what I'm asking. Or is it the commercial portion you are talking about? Strader: Mr. Mayor, can I clarify my motion? Simison: Yes. Go to the maker of the motion, please, to clarify. Council Woman Strader. Strader: Okay. I will give it a try. So, my rationale is that the residential portion of phase three is slightly inside of the 900 to 1,000 foot buffer and so my thought was that we need the odor study to move forward on phase three and that we need the odor study to also move forward on any other uses that are not in phases one and two. If that makes sense. And, then, further that the city would approve any future use for the C-G zone as a separate condition. Does that make sense? I will look to Councilman Borton if I'm tracking there. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think that -- I thought we were -- we were framing the -- the limitation on future development to the C-G zone and C-G zone was that portion of this project to the east of the collector road and that -- so, that portion of the C-G zone would have a DA limitation preventing any future development until the odor study is completed and a DA mod application is filed specifying here is what we intend to do in light of those results and any other data that we have. Simison: So, it sounds like the first and the second are not in alignment as to the motion at this point in time. Borton: That's why you have to clarify it. Meridian City Council July 28, 2020 Page 75 of 81 Simison: So, I guess I would go either to the maker of the motion to say if she wants to stick with her viewpoint or if the second wan ts to retract his second if it -- if she believes phase three of what we just saw should not move forward. Council Woman Strader. Strader: So, the way I look at it would be that phase three is closer to the area of concern, but I'm okay with moving forward with just having the odor study for the -- I mean I -- I'm not going to fall on my sword over that point. Because I get that we are more comfortable. I just needed that phase three is phase three for a reason and we need to have that input from the odor study. Hoaglun: Mr. Mayor? I was -- Allen: Mr. Mayor, if I could clarify. Mr. Borton, the -- the C-G portion is -- is right here, if you can see my cursor. The phase three -- the C-G portion is not included on the phasing plan. So, that was the clarification I was making. And approximately -- if you look at the residential area that they are proposing here on the phases one and three, there is -- if you look at the future land use map that's the -- the brown area is the mixed use nonresidential designated area. So, what I understand is that the -- the Council would like to have the development agreement modified prior to any development occurring in the C-G zoned portion of the site to included a development plan. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think that's correct and maybe the motion and the second weren't aligned on that issue, but I think the first part, which is -- it's my mistake to -- I think I missed the additional limitation on phase three development, so -- maybe we can make the motion again and we will -- we will clarify it. I apologize, I might have created confusion. Strader: Mr. Mayor? Simison: So, from a process standpoint -- Strader: Shall I try again or -- Simison: Would you like to -- would the second and first take away their motion and we try it one more time. Borton: Do it. Simison: Okay. We will make it so. All right. Council Woman Strader, do you want to take another crack at it? Strader: I think so. So, after considering all staff, applicant, and public testimony, I move to approve files H-2020-0017 and H-2020-0018 as presented in the staff report for the Meridian City Council July 28, 2020 Page 76 of 81 hearing date of July 28, 2020, with the following additional two conditions. The first condition being that the odor study should be completed prior to development of phase three to determine if residential uses are appropriate in the area currently designated mixed use-residential and that the second condition that the approval of City Council will be required for any future use in the C-G part of the parcel. The parcels. Borton: Second. Simison: I have a motion and a second. To my untrained ear that seemed like the same motion as the first one, phase three limitations, so is it -- was that clear? Because -- is the C-G part of phase three or not? So, we are back at the same place we were in the first motion, just so we are clear. Hoaglun: Mr. Mayor, if I might ask Council Woman Strader on that first one that the odor study be completed before phase three construction can begin and, then, there was a second part to it and my brain was starting to cogitate on that and, then, you had a second part to that first -- first bullet point. Strader: I think there is just two conditions. The first condition is the one that was in the -- in the staff report or the hearing outline, which is requiring the odor study to be completed for the development of phase three and, then, separately the condition that City Council approve any future use for the C-G zone, which is the area outside of the first three phases, with the thought behind that being that we need the Public Works Department to opine on the configuration of adequate buffer space around the wastewater treatment plant. Hoaglun: So, yeah, Mr. Mayor, that -- to me that seems like, okay, they do the odor study and if things are fine, phase three just goes on as planned , but if they find issues that might -- that boundary might have to change slightly if they -- if they find something that that occurs. Thank you. Strader: Mr. Mayor? Simison: Is there further discussion on the motion? Allen: Mr. Mayor, further clarification on Mr. Hoaglun's comment just now. If the odor study -- prior to development of phase three determines that residential uses will be impacted in the mixed use nonresidential designated area on the west side of the collector, would that require a modification to the development agreement at that time? I would assume to change the development plan for that area. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council July 28, 2020 Page 77 of 81 Hoaglun: Sonya raises a good point. I think we would have to have a mechanism in place to -- to allow that to -- to happen. Borton: Mr. Nary? Nary: Mr. Mayor, Members of the Council, probably the easiest way I can think of is -- the purpose of the odor study is to determine where the residential line can be. So, that's going to take both consultant, city, and adjoining property owners to participate. So, they are all going to know where the line is going to be, so the -- the line -- and I think Mr. Borton brought this up earlier. What's the trigger to move that lin e then? So, if the -- if the -- if the condition in the development agreement is that the odor study is completed and will allow residential use in phase three as depicted, then, they can proceed. If it won't allow residential units in any part of phase three , they will have to come back for a modification. So, they can't proceed with phase three if it doesn't allow for all of it to be residential, because there -- as Council Woman Strader pointed out, a small portion of that is in the area that's previously designated as mixed use nonresidential. Simison: Council, further -- Strader: Mr. Mayor? Simison: Yes, Council Woman Strader. Strader: I guess I would just amend my motion slightly taking into account Mr. Nary's feedback that they complete -- that the phase three study is required to allow residential uses and if the city staff and the report and others do not agree, then, they would have to come back for a development modification and if this doesn't work, I'm giving up and Mr. Borton can try. Simison: Does the second agree with that modification? Borton: Second agrees. Simison: Second agrees. Is there further discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, recuse; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE RECUSE. Item 7: Ordinances [ Action Item] A. Ordinance No. 20-1886: An Ordinance (H-2020-0030 – McKay Meridian City Council July 28, 2020 Page 78 of 81 Farms Subdivision) for Annexation of a Parcel Located in the NE of the SE ¼ of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.501 Acres of Land From RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: We will move on to 7-A, Ordinance No. 20-1886 -- and I'm tired -- and I will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance related to H -2020-0030. McKay Farm Subdivision for annexation of a parcel located in the NE 1/4 of the SE 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment "A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 10.501 acres of land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. You have heard this ordinance read by title. Is there anyone present who would like it read in its entirety? Seeing and hearing no one with that request, do I have a motion? Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Hoaglun: Oh, go ahead. Perreault: I move we approve Ordinance No. 20-1886 with the suspension of rules. Hoaglun: Second the motion. Strader: Second. Meridian City Council July 28, 2020 Page 79 of 81 Simison: I have a motion and a second to approve Ordinance No. 20 -1886 under suspension of the rules. Is there any discussion on the motion? If not, all those in favor say signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Item 8: Development Agreements [ Action Items] A. Development Agreement for McKay Farm Subdivision (H-2020- 0030) with HBU Investments, LLC (Owner) and Fairbourne Development, LLC (Developer), Located at 5875 S. Eagle Rd. Simison: Item 8-A, development agreement for McKay Farm Subdivision, H-2020-0030. Johnson: Mr. Mayor, typically this is on the Consent Agenda. Simison: Right. Johnson: Between Mr. Nary and I we had some confusion and moved it after the annexation, when, indeed, it should have actually come before. So, this just requires a motion and approval. Simison: So, do I have a motion for this item? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the development agreement for McKay Farm Subdivision, H-2020-0030. Strader: Second. Simison: I have a motion and a second to approve Item 8-A. Is there discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Simison: Is there any item for No. 9 under future meeting topics? Item 10 [Amended on to Agenda]: Executive Session per Idaho Code 74- 206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer Meridian City Council July 28, 2020 Page 80 of 81 Simison: If not, we will move on to Item 10. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho State Code 74-2064(1)(a). Borton: Second. Simison: I have a motion and a second to go into Executive Session. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (10:59 p.m. to 11:38 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I make a motion to come out of Executive Session. Cavener: Second. Simison: Motion and second to come out of Executive Session. Any discussion on the motion? If not, all those in favor signify by saying aye. The ayes have it. We are out of Executive Session. MOTION CARRIED: FOUR AYES. TWO ABSENT (Perreault. Bernt). Hoaglun: Mr. Mayor, I move to adjourn the meeting. Cavener: Second. Simison: I have a motion and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it we. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT (Perreault. Bernt). MEETING ADJOURNED AT 11:38 P.M. Meridian City Council July 28, 2020 Page 81 of 81 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR ROBERT SIMISON DATE APPROVED ATTEST: _____________________________________ CHRIS JOHNSON - CITY CLERK E IDIAN I DA 0 N L H tl* W CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes,. �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 5.A. Presenter: Robert Simison Estimated Time for Presentation: 4 Minutes Title of Item - Resolution No. 20-2220: A Resolution Appointing Natalie Schofield and Thomas Vannucci to the Meridian Arts Commission Reso appointing Schofield and Vannucci to MAC Council Notes: ATTACHMENTS: Description yp Upload Date Reso Appointing Schofield and Vannucci to MAC Resolution 7/22/202C Schofield Application- MAC Backup Material 7/22/2020 Vannucci Application - MAC Backup Material 7/22/2020 REVIEWERS: Legal. Weatherly,Adrienne Approved 7/23/2020 - 10:35 AM Legal. Answerer Approved 7/23/2020 - 1:00 PM Meridian City Council Meeting Agenda July 28,2020— Page 5 of 247 CITY OF MERIDIAN RESOLUTION NO. 20-2220 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING NATALIE SCHOFIELD TO SEAT 3 AND THOMAS VANNUCCI TO SEAT 8 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-1-1 establishes the Meridian Arts Commission, its members and terms of their appointments; and WHEREAS, Seat 3 and 8 of the Meridian Arts Commission are currently vacant; and WHEREAS, the Mayor and City Council of the City of Meridian deem the appointment of Natalie Schofield to Seat 3 and Thomas Vannucci to Seat 8 of the Meridian Arts Commission to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Natalie Schofield is appointed to Seat 3 of the Meridian Arts Commission, for a term to expire February 28, 2021. Section 2. That pursuant to Meridian City Code § 2-1-1, Thomas Vannucci is appointed to Seat 8 Meridian Arts Commission, for a term to expire February 28, 2023. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this28th day of July, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of July, 2020. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson RESOLUTION APPOINTING SCHOFIELD AND VANNUCCI—MERIDIAN ARTS COMMISSION Meridian City Council Meeting Agenda July 28,2020— Page 6 of 247 Application for City Appointed Commissions C'WEFIDIAN Your Information RECEIVED First Name Middle in8lat Last Name J U N 16 2020 �c� SGrno � Cd oJ�Mo.�l tOm CITY OFMI=RIDIAN Email Address MAYOR'S OFFICE Home Address Suits or Apt m-er\- A ; \D g3eyZ coy state -- Postal Code S C- Cash;fir P C,0C",rL o Primary Prone Alternate Phone Occupation Which Commissions would you like to apply for? Arts Commission 1- Historical Preservation Commission 17- Impact Fee Advisory Committee r- Parks and Recreation Commission r Planning and Zoning Commission r Solid Waste Advisory Commission r Transportation Commission What interests you in serving on a city commission? Residency Are you a resident of the City of Meridian? Yes No If not, do you live in Meridian's area of impact? Yes_ No Please list any local service clubs or other organizations in which you participate. What areas of city government are of most interest to you? e Page 1 of 2 Meridian City Council Meeting Agenda July 28,2020— Page 7 of 247 Have you participated in any level of volunteer government service in the past? Yes-r14,No If yes, please list. -------------------------- ------------ ----------- Please Agree with the Following Statement I understand the following: Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-16 hours per month). Some groups have a limited number of members; in these instances a vacancy must exist in order for a new applicant to be considered. After all applications have been received and reviewed,the Mayor makes an appointment which must be confirmed by the Meridian City Council. 'VI Agree Why are you interested in serving on a board or commission?You may also submit a letter of interest. ------------------ ---------------- .......... ------ Please attach your current resume and submit the completed application, resume, and other supporting materials to: Mayor's Office, City of Meridian, 33 E. Broadway Ave. Meridian, ID 83642 Page 2 of 2 Meridian City Council Meeting Agenda July 28,2020— Page 8 of 247 Dear Mr. Mayor, I would love to be considered for the open position on the Meridian City Arts Commission. I have always had an interest in art and spent time in college studying art. I grew up in a small, one square mile town in Southern New Jersey. I have always loved a small town feel which I think Meridian has. I want to be more involved in our city and think that serving on the Art Commission is a good start. I would like to see what areas Meridian already focuses on and what we can do to be better. Thank you for considering me for this position. Natalie Schofield 5268 S Bleachfield Ave. Meridian, ID 83642 natschof@gmall.com Meridian City Council Meeting Agenda July 28,2020— Page 9 of 247 Your Information Thomas J Vannucci RECEIVED - _ - First Name Middle Initial Last Name tom@vanooch.com i U N 19 2020 — __ -- —Email Address CITY OF MERIDIAN MAYOR'S OFFICE 2341 E Sicily Street Home Address Suite or Apt Meridian ID 83642 City state Postal Code (916) 207-9148 Creative Director Primary Phone Alternate Phone Occupation Which Commissions would you like to apply for? rX Arts Commission 1— Historical Preservation Commission r Impact Fee Advisory Committee r Parks and Recreation Commission i` Planning and Zoning Commission Solid Waste Advisory Commission Transportation Commission What interests you in serving on a city commission? The._opportunty to make a difference-by Shari ng-my_experienced skll._sets in; Art, theatre, dance, music and location based and themed entertainment. The ability to enhance residents, visitors and guests experiences while being fiscally, morally and.ethically responsible is extremely emotionally and psychologically rewarding. Residency Are you a resident of the City of Meridian? Yes A No If not, do you live in Meridian's area of impact? Yes_ No Please list any local service clubs or other organizations in which you participate. None at this time. What areas of city government are of most interest to you? Ecology, Community Engagement, Economy, Arts and Culture, Infrastructure Meridian City Council Meeting Agenda July 28,2020— Page 10 of 247 Have you participated in any level of volunteer government service in the past? r Yes X No If yes, please list. Please Agree with the Following Statement I understand the following: Members of these groups serve on a voluntary basis and receive no financial compensation. Participation requires a significant time commitment (approximately 10-16 Fours per month). Some groups have a limited number of members; in these instances a vacancy must exist in order for a new applicant to be considered. After all applications have been received and reviewed, the Mayor makes an appointment which must be confirmed by the Meridian City Council. 171 Agree Why are you interested in serving on a board or commission? You may also submit a letter of interest. _Letter_of Interest atttached with,resume Please attach your current resume and submit the completed application, resume, and other supporting materials to: Mayor's Office, City of Meridian, 33 E. Broadway Ave. Meridian, I® 83642 Meridian City Council Meeting Agenda July 28,2020— Page 11 of 247 • Partners with the CFO and Production Department to establish project budgets and financial reporting, successfully and consistently delivering on-time and on-budget guest experiences. • In charge of client relations throughout the creative process and project delivery,leading multiple client, facing meetings while adjusting to different industry expectations. • Established the organization's first Theatrical Department,instrumental in expanding the firm's reach. • Added a theatrical and artistic flair to all projects, ranging from special event pop-ups with a 90-day lead time to and international grand openings that required years of advance planning. • Increased employee retention by instilling a positive culture based on supportive leadership. Key Projects. o Galaxy Macau Resort Casino Phase 3—Guest Arrival&Lobby Spectacular: Led creative team on the $MM project from concept through schematic.Collaborated with engineers and tech contractors to develop the suspended, 12-meter,40 robotic arm multimedia sphere. o One World Observatory—City Pulse Guest Interactive.THEA Award-winning$MM interactive guest experience combining live ambassadors with proprietary technology. https://vimeo.com/144147686 o Union Station 360--Multimedia Interactive Art Installation Guest Experience.$MM interactive display that captures the heart of Los Angeles. htt s: vimeo.com 21655293.5 a Manchester United Experience—Rebrand ManU Stadium and Guest Experience.Creative Director o All for One--Live Action Stunt Show for Busch Gardens Williamsburg.: Driving this$MM project from concept through opening and the next 2 years of casting, based on a Three Musketeers IP. o THEA Awards show,2015—2017,2019 and 2020. https://www.youtube.com/watch?v=DfBauDCJ9Y Maloof Sports and Entertainment/Sacramento Kings—Sacramento,CA April 2008--Sept 2014 Creative Director of Entertainment Hired by Maloof family to reinvent the In-Game Guest Experience and Entertainment Overlay for their NBA team which both increased fan engagement and created new revenue streams for sponsorship and advertisers. • Managed$MM annual budget and staff that varied from 4 to over 100 direct reports for events. • Restructured the department and implemented the custom CORE (Create, Organize, Realize, and Evaluate)process to implement theatrical production standards for the sports culture. • Rebranded the Kings Dances to increase their exposure in the community and develop their calendars for purchase. • Applied entertainment industry key attributes to the professional sports industry. KeyAchievements. o Evaluated and improved all guest touchpoints for regular games,special events,and away game viewing events, resulting in the highest recorded guest satisfaction surveys. o Awarded the Guinness World Record for loudest fans in the NBA. o Loaned out to 13 other NBA teams to replicate the event and financial success in their markets. PAC 12 Properties—San Francisco,CA June 2010—Sept 2014 Producer/Director Focusing on gaining media coverage for the collegiate sports, successfully produced and directed numerous special events for football and basketball while consistently meeting time and budgetary constraints, including simultaneous media coverage on both East and West Coasts. • Produced and directed the media day events for the Pac 10 expansion and rebrand into the Pac 12 • Produced and directed over 8 of Pac 12 football and basketball media day special events over 4 years. • Smoothly produced multi-day media relations events for the Rose Bowl and LA Live 2011 and 2012. Meridian City Council Meeting Agenda July 28,2020— Page 12 of 247 Thinkwell Creative Group—Burbank,CA 2001—2012 Creative Development/Show Director Hired for multiple projects by the global design and production agency,known for creating custom,content-driven, experiences in the physical world.Clients included Paramount Pictures, Universal Studios Orlando, MGM. ® Intimately involved in the development and implementation of special events and long-running productions for corporate clients,theme parks,casinos,tours,trade shows,and expos. Key Projects. a "La Gara Red,"The Pit Lane Show at Ferrari World—Abu Dhabi o "The Water Show," Fountain,The Pier Shops at Caesars;$7M multi-sensory show.Atlantic City, NJ o "Jurassic Park Institute Tour_"Thea Award-winning 50k sq.ft touring educational exhibition.Japan o "Stargate the Ride,"Concept development for Motion Gate Indoor Theme Park. Dubai o "Laura Croft Tomb Raider Stunt Shaw," Paramount Parks, Kings Island o Hitachi Pavilion World Expo,Concept development.Japan • .Universal Studios Orlando(3 productions): Universal 360,The Rocky Horror Picture Show, and Earthquake the Ride Wait Disney Company—Various International Locations 1995—2002 Creative Director/Concept Development/Writer/Choreographer/Show Director Intimately involved in the concept development of live shows and spectaculars based on Disney intellectual properties for international theme parks,travel destinations,and special events.Lead the creative team of writers, designers, producers from concept through opening day. Key Projects: o Tokyo Disney Sea(THEA Award):I of 8 team members to create the entire entertainment overlay. o "Mystic Rhythms:"Created and directed the first non-IP based live show,which turned into the longest running show for Tokyo Disney Sea and increased guest traffic and raised guest surveys o "C'est Magic"for Disney Cruise Line's The Magic;Staging Director and Choreographer. o DisneyFest Asia:first touring live Disney show in Asia; revenue generated demonstrated viability of creation for permanent properties, Disney Hong Kong and Shanghai Disney Knott's Berry Farm—Buena Parts,CA 20W—2010 Producer,Writer,and Director Consistently hired every year to produce and direct Elvira's Live Halloween show, developing new content every season and becoming one of the go-to Halloween season features throughout the region. • Successfully increased park attendance by 209'o,increased merchandise revenue by 10%and gained a 4% increase in social media presence. • Additional shows directed:"Dr.Cleaver's Psycho Circus"and "Snoopy's Magical Tour"musical revue. ADDITIONAL EXPERIENCE Theatre and Dance Adjunct Professor--University of Tennessee,Knoxville 1997-1998 • On an annual basis,teaches a widely-sought-after Master's class on professional dance, ballet, theatre production, direction,and live events. EDUCATION and CERTIFICATION Certified Continuous Quality Improvement Coach—Dr.Richard Chang Bachelor of Fine Arts-United States International University.San Diego. Meridian City Council Meeting Agenda July 28,2020— Page 13 of 247 IRII' PROFESSIONAL ORGANIZATIONS Themed Entertainment Association (THEA) International Association of Amusement Parks and Attractions(IAAPA) Meridian City Council Meeting Agenda July 28,2020— Page 14 of 247 THOMAS J. VANNUCCI June 10, 2020 Mayor's office City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 RE: Letter of Interest—Meridian City Arts Commission Dear Mayor Simison, Modern audiences and students of the arts have become more and more sophisticated,especially in the realm of live, theatrical and location-based entertainment experiences and shows. Not only do we have to capture their imagination, we are competing with the constant stream of entertainment that resides on their phones. For the past 30 years, I built a solid reputation on gaining engagement and capturing those jaded audiences in every venue, including theatre, classrooms, theme parks, television, sports, corporate branding, and permanent installations. I would love to do the same for the City of Meridian as a member of the Arts Commission. The opportunity to make a difference and feel the reward of giving back to my community is overwhelmingly rewarding on an emotional and psychological level. As you will note on my resume, many of my accomplishments, projects, and talents will be a good match for the arts commission: ® Development of Guest Experience for sports teams: For over six years, I helped the Sacramento Kings increase their ticket sales and market impact by implementing new,innovative In-Game experiences.We were so successful that I was loaned out to 13 other teams to replicate these results. ® Directing,casting,and choreography:Essential to any show are the performers themselves. From initial casting to opening day, I am an expert at leading performance artists in every discipline to make a vision become a reality. • Teaching and Coaching: The other side of creative work is the art of fostering a learning environment and coaching the next generation of creators. I teach and coach master classes in ballet, music theatre and creative development. I conscientiously try to inspire,embrace and engage art every day. s Relationship Management:When it comes to relationships,communication is the key. Particularly as it relates to a volunteer commission in the world of subjective consumerism. I am frequently selected for leadership roles due to my skills as a consistent and fair leader when working with varied teams. With my diverse background and willingness to commit, I am certain that I will be an asset to Meridian City's Art Commission. I look forward to discussing this opportunity with you.Thank you for your consideration. Sincerely, Meridian City Council Meeting Agenda July 28,2020— Page 15 of 247 THOMAS J . Y ANNU ,+CI CREATIVE DIRECTOR.-PRODUCER:--VP OF ENTERTAINMEfVT&CaUEST XPERIEI\ICE Creating Innovative,Location-Based Entertainment that Drives Bottorn-Line Results Innovative and unique Director, Producer,teacher and Choreographer who possesses an innate understanding of how to entertain and engage a wide variety of audience in multiple, live entertainment venues and platforms. Known as a motivational team leader that believes in fostering supportive cultures to empower creative teams to spread their wings and produce mind-blowing results.A farmer professional ballet dancer turned creative director who pushes the boundaries of live theater,television, long-running location-based entertainment,and special events that live in the minds of the audience for years to come. KEY SKILLS ® World-class concept ideation and delivery . High artistic standards and direction • Cross-functional leadership in matrixed organizations • Thrives in fast-paced and demanding • Financial oversight and$MM budget management environments ® Creative direction,design and choreography ® Succinct business presentations and planning Time and project management 0 Exceptional work ethic and flexibility • Strong interpersonal and communication skills • MS Office and Mac programs Internal and client-facing relationships CAREER OVERVIEW Vanooch Creative,Inc/SparkJax Productions—Burbank,CA Sept 1995—Present Chief Creative Director Offering far more than just creative direction,both consulting firms offer internationally known companies,theme parks, sports teams, film/television, theatre, and special events complete production and project management that take high concept location-based entertainment to life. . Collaborates with clients and internal teams to design and implement events that drive audience engagement,resulting in increased sales and brand loyalty. ® Develops creative, writes, directs, choreographs and implements short- and long-running iconic large- scale productions. Key Projects and Achievements: o Talent Manager and Show Director for multiple live shows Universal Studios Theme Parks. o Paramount Parks(3 shows): Friday the 131h Fearfest,School of Rock,and Action Zone Stunt Show. o Highly impactful Disney Studios DVD release spectaculars for"Pirates of the Caribbean"and "Simba's Pride." o Highly cover media rebrand and launch Pac10 to Pac12 properties. The Hettema Group Experiential Design Firm—Pasadena,CA Oct 2014—Jan 2019 Creative Director/Producer Recruited to lead multi-faceted creative teams from concept through opening day in projects as varied as permanent interactive guest attractions,art installations,award shows,sports stadiums and casinos. • Works closely with client-facing teams to design initial concepts and proposals, resulting in securing multiple$MM projects. • Supports Business Development efforts to foster clients and add value to proposal presentations. Meridian City Council Meeting Agenda July 28,2020— Page 16 of 247 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.A. Presenter: Estimated Time for Presentation: Title of Item - Request to Withdraw Application of Franklin Storage (H-2020-0033) by Franklin Storage, LLC Click Here for Application Materials Council Notes: Ah =M6 ATTACHMENTS: Description Type Upload Date Memo to Council Cover Memo 7/23/2020 Request for Withdrawal Cover Memo 7/23/2020 EM REVIEWERS: Clerk. Weatherly,Adrienne Approved 7/23/2020 - 12:14 PM Meridian City Council Meeting Agenda July 28,2020— Page 17 of 247 Mayor Robert E. Simison ER IDIA�T.� City Council Members: ram/ Treg Bernt Brad Hoaglun Joe Borton Jessica Perreauit I D A H O Luke Cavener Liz Strader July 23, 2020 MEMORANDUM TO: Mayor and City Council CC: City Clerk, Applicant and City Attorney FROM: Joseph Dodson—Associate Planner RE: Franklin Storage Withdrawal (File#H-2020-0033) for City Council date of July 28, 2020 Dear Mayor and City Council, On July 20, 2020, Staff received a formal request to withdraw the Franklin Storage Annexation application. Attached to this memo is the applicant's formal request to withdraw and the reason for doing so. Findings for denial have not been prepared because of this request and Staff recommends the Council acknowledge the withdrawal as requested by the applicant. Respectfully, Joseph Dodson Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 20§t,4pA-n56rt curFc@N4Ai i&5JAIy2r'tMOME?�6�P 1TggY29�g Mayor and City Council City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 07/20/2020 Re: Franklin Storage (H-2020-0033)—Request to Withdraw Application for Annexation Dear Mayor and Council: This is a formal request to withdraw the Franklin Storage annexation and rezone application. It is the desire of the applicant to incorporate the recommendations expressed by the Council and submit a modified development plan. I appreciate the cooperation of the staff and look forward to*preenting an improved plan at a later date. Greg Feeney Franklin Storage, LLC Meridian City Council Meeting Agenda July 28,2020— Page 19 of 247 / E IDIAN WIN ' L IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: h2 Planning & Zoning July 28, 2020Commission Meeting Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 FLUM Subject property looking eastE. Magic View (looking east)S. Allen Road (looking south) PLANNED DEVELOPMENTFLUMZONING 2321143 R 3 40-R15-R8- 6 7 8 10 Recommended Change to DA Provision #5.1g: Existing DA Provision #5.1g: Concept PlanApproved Vicinity Map PLANNED DEVELOPMENTFLUMZONING Changes to Agenda: None Item #6B: Gyro Subdivision (H-2020-0061) Application(s): Short Plat Size of property, existing zoning, and location: This site consists of .97 acres of land, zoned L-O, and is located at 3030 E. Magic View Drive (northwest quadrant of S. Eagle Rd and E. Magic View Dr). History: Annexed in 2000, DA restricted uses to only office uses, DA amended and conditional use approved in 2002 to allow restaurant with drive through – gyro shack is presently there. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Short plat to allow subdivision of one additional commercial lot (to the west) Outstanding Issue(s) for City Council: None Notes: Property is .9 acres, consists of one existing lot. Property was annexed in 2000. In 2002 the development agreement was amended to allow restaurant as a stand-alone use, and conditional use was approved to allow drive through restaurant. In 2020 a CZC was approved for a subway restaurant with a drive-through. In 2019 the Subway was converted into a Gyro Shack. Present proposal is to subdivide off an approximately .38 acre lot to the west for future commercial development. Two of staff’s conditions were for common lots or easements for required landscape buffers along S. Allen road and E. Magic View Drive, and for a shared access easement between the two lots from E. Magic View (S. Allen is a Collector). Last evening, the applicant submitted a revised plat that meets these conditions. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0061, as presented in the staff report for the hearing date of July 28, 2020: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0061, as presented during the hearing on July 28, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0061 to the hearing date of July 28, 2020 for the following reason(s): (You should state specific reason(s) for continuance.) Item #6C: Delano Subdivision (H-2019-0027) Application(s): Annexation & Zoning Preliminary Plat th This project was last heard by the Council on May 12; at that meeting, Council voted to deny the project. The Applicant filed a request th for reconsideration of the Council’s decision which was heard and approved by Council on June 9. The request was based on Council’s failure to voice their specific concerns to the project during the public hearing so that the Applicant could respond and address those concerns. The Applicant felt there was not adequate opportunity to present all of the information necessary for the Council to make an informed decision on this project. The Applicant has since submitted a revised phasing plan for the development that he believes addresses the concerns of Council. A secondary emergency access driveway is proposed to be constructed from Dashwood at the north boundary to N. Centrepoint Way at stth the SEC of the site with the 1 phase of development. Four phases of development are now proposed rather than 3 with the 4 & last phase consisting of 7 buildable lots which are not proposed to develop until such time as Centrepoint Way is extended to the north to Wainwright Dr. If Council approves of this proposal, a provision to that effect should be added to the DA. Many letters of testimony from neighbors have been received since Council’s approval of the request for reconsideration in addition to those previously received that are included in the public record. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0027, as presented in the staff report for the hearing date of July 28, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0027, as presented during the hearing on July 28, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0027 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #6D: Hill’s Century Farm North (H-2020-0080) Application(s): Development Agreement Modification Property location: This site is located off the southeast corner of E. Amity Rd. & S. Eagle Rd. History: This property was annexed in 2015 with the requirement of a DA which has been amended three times previously. A rezone, preliminary plat, PUD for an age-restricted 55+ and older gated community, and a CUP for a self-service storage facility was approved earlier this year. Comprehensive Plan FLUM Designation: MU-N Summary of Request: The Applicant proposes to amend provision #5.1g in the existing DA, to allow for building permits to be issued in the commercial portion of the development prior to subdivision of the property as currently required. Because commercial property isn’t typically required to be subdivided prior to issuance of building permits, Staff recommends the existing provision is stricken and alternate language is provided instead that would simplify the requirements for subdivision of the property, which the Applicant agrees meets their intended purpose, as follows: “The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised conceptual development plan dated October 30, 2019; building permit(s) for the community center complex may be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits.” Written Testimony: Mike Wardle, Brighton Corp. – In agreement with the staff report Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0080, as presented in the staff report for the hearing date of July 28, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0080, as presented during the hearing on July 28, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0080 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #6E: Quartet Northeast (H-2020-0017) & #6F: Quartet Southeast (H-2020-0018) Application(s): (NE) - Annexation and Preliminary Plat (SE) - Annexation and Preliminary Plat A PBA application was recently approved in Ada County that adjusted the boundaries of the parcels south of the creek in Quartet SE to that shown on the proposed annexation & preliminary plat boundaries per the ROS. Two separate PP’s are required because the Five Mile Creek, owned by NMID, lies between the 2 properties. Because both plats are proposed to develop and be marketed as one overall project, Staff’s analysis is based on the overall project. Size of property, existing zoning, and location: This site consists of 86.44 acres of land, zoned RUT in Ada County, located at 4020 & 4340 N. Black Cat Rd. History: None Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) (50+/- acres) & MU-NR (41+/- acres). A City park is also designated on the FLUM in this general area. Summary of Request: The Applicant proposes to annex a total of 90.99 acres of land between the two subdivisions with R-8 (70.68 acres) & C-G (20.31 acres) zoning and develop 186 SFR detached homes at a gross density of 2.8 units/acre; and non- residential/commercial uses on the site. The eastern 18 acre residential portion of Quartet NE is located within the MU-NR designated area, which is a non-residential designated area that provides approximately a ¼ mile separation and buffer to the City’s wastewater treatment facility. Because the FLUM is not parcel specific, the Applicant requests the MDR designation on the western portion of the property is extended to the collector street (N. Joy Way), which bisects the eastern portion of the property. The portion of the property east of the collector street is proposed to be zoned C-G and developed with non-residential/commercial uses in accord with the MU-NR designation. At the request of the City, the Applicant included the 0.97 acre out-parcel at the SWC of Quartet NE subdivision where a sewer lift station is located in the annexation boundary. A conceptual development plan was not submitted for the non-residential/commercial lot proposed to be zoned C-G; the Applicant states this lot will be the subject of future discussion with the City regarding a potential park site as depicted on the FLUM or consideration of other potential buffer uses determined by the results of the Public Work’s noise/odor study which is planned to take place later this year. Although some residential uses are allowed in the C-G zone, Staff recommends as a provision of the DA that no residential uses be developed on that lot unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. Two preliminary plats are proposed containing an overall total of 186 residential building lots, 1 commercial building lot, 29 common lots and 2 other lots. The subdivisions are proposed to develop in 3 overall phases with the first two phases located along N. Black Cat Rd. and the third and final phase on the eastern portion of the site. The minimum lot size is 6,866 s.f. with an average lot size of 9,145 s.f. There are 2 existing homes (1 within each of the preliminary plat boundaries) that are proposed to remain on lots in the proposed subdivision. These homes are required to hook up to City water & sewer within 60 days of services becoming available. Access is proposed via one collector & one local street from Black Cat Rd.; the collector street is proposed to extend over the Five Mile Creek and through the site to the north boundary for future extension to McMillan Rd. consistent with the MSM. A 25’ wide landscaped street buffer is required along Black Cat Rd. and a 20’ wide street buffer is required along the collector streets. A multi-use pathway is proposed off-site along the north side of the Five Mile Creek & along the east side of the collector street north of the creek to the north boundary in accord with the PMP. If NMID does not allow the pathway & associated landscaping to be located on their property, the pathway should be provided within a minimum 20’ wide common lot along the south boundary of Quartet NE subdivision. A minimum of 10% qualified open space is required to be provided in each subdivision – 6.65 acres is required in Quartet NE \[a total of 7.6 acres (or 11.5%) is proposed\] and 1.99 acres is required in Quartet SE \[a total of 3.4 acres (or 17%) is proposed\] which exceeds UDC standards. Open space consists of ½ the street buffer along the arterial street, the entire buffer along the collector street, linear open space, and common areas exceeding 50’ x 100’ in area. A minimum of (1) qualified site amenity is required for developments over 5 acres in size with an additional amenity required for each additional 20 acres of land being developed. Based on 66.52 acres, a minimum of 3 amenities are required in NE and based on 19.92 acres, a minimum of 1 amenity in required in SE for a minimum of 4 amenities overall. A community swimming pool, a tot lot with children’s play equipment, segments of the City’s multi-use pathway system and 1-acre of qualified open space beyond the minimum required are proposed as amenities in NE; and an additional 1.41 acres of qualified open space beyond the minimum required is proposed as an amenity in SE, meeting the minimum standards. The Creason Lateral runs across the eastern portion of the north boundary of NE within a 40’ easement in a common lot & is proposed to be left open. The Five Mile Creek with lies between the two plats is required to be protected during construction. A portion of the site is within the Five Mile Creek floodplain –a floodplain permit will be required prior to any development in this area. Conceptual elevations were submitted for the single-family homes as shown. Homes are a mix of 1- and 2-story units with building materials consisting of a variety of siding styles with stone/brick veneer accents. No elevations were submitted for the non- residential/commercial portion of the development as no development is proposed at this time. Commission Recommendation: Approval Summary of Commission Public Hearing: In favor: Mike Wardle & Jon Wardle, Brighton Corp. In opposition: None Commenting: None Written testimony: Carrie Hovey Key Issue(s): Concern pertaining to traffic & safety of existing 2-lane roadways and the amount of development occurring in this area which is worsening the situation and impact of more development on area schools – would like these applications to be rejected or at least postponed until road infrastructure and schools can be prepared to handle the additional impacts. Key Issue(s) of Discussion by Commission: a. Concerns pertaining to growth and traffic and the adequacy of existing infrastructure to handle more development until improvements are made in this area; b. The option of requiring the noise/odor study to be complete prior to development of Phase 3 to determine if residential uses are appropriate in the area current MU-NR designated area. Commission Change(s) to Staff Recommendation: Modification to condition #B1.2 to require the water main in N. Joy Way to continue south through Quartet SE to provide a 2nd connection out to Black Cat Rd. with the 2nd phase of development, instead of the 1st phase, as recommended by Staff. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Mike Wardle, Brighton Corp. – In agreement w/the Commission’s recommendation Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Numbers H-2020-0017 & H-2020-0018, as presented in the staff report for the hearing date of July 28, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers H-2020-0017 & H-2020-0018, as presented during the hearing on July 28, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2020-0017 & H-2020-0018 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.13. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Gyro Subdivision (H-2020-0061) by Tealey's Land Surveying, Located at 3030 E. Magic View Dr. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ad ATTACHMENTS: Staff Report IStaff Report 7/14/2020 REVIEWERS: Department ctio Clerk. Weatherly,Adrienne Approved 7/14/2020 - 5:22 PM Meridian City Council Meeting Agenda July 28,2020— Page 20 of 247 PUBLIC HEARING SIGN IN SHEET DATE: July 28, 2020 ITEM # ON AGENDA: 6B PROJECT NAME: Gyro Subdivision PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STAFF REPORT C:�*%- E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 Legend i DATE: ��Proje�t L�fl�iorr l_-� TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner J J J J J JLLLLLIJ 208-498-0573 - - ----- SUBJECT: H-2020-0061 Gyro Short Plat ; LOCATION: 3030 E.Magic View Drive - oor I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create two(2)buildable lots on approximately 0.973 acres in the L-O zoning district. II. APPLICANT INFORMATION A. Applicant: Pat Tealey—Tealey's Land Surveying— 12594 W. Explorer Drive,Boise, ID 83713 B. Owner: Douglas Miller-412 E. Parkcenter Blvd,Tuite 205,Boise,ID 83706 C. Representative: Jeff Hatch, Hatch Design Architecture 200 W. 361" Street, Boise,ID 83714 III. NOTICING City Council Posting Date Newspaper Notification 7/10/2020 Radius notification mailed to properties within 300 feet 7/8/2020 Pagel Meridian City Council Meeting Agenda July 28,2020— Page 21 of 247 IV. STAFF ANALYSIS The Applicant proposes to subdivide the subject property (Lot 3 Block 1 of the Boyd Subdivision) into a new plat consisting of 2 lots. The eastern 0.60 acres (Lot 1)will contain an existing restaurant(Gyro Shack). The western vacant 0.38 acres will be separated into Lot 2. The subject property is approximately 0.97 acres, is located in the northwest quadrant of S. Eagle Road and E. Magic View Drive, and is zoned L-O. The property was annexed into the City in early 2000 and is regulated under Development Agreement No. 100021869. The Development Agreement restricts the land use to professional office uses only. In 2002, the Development Agreement was amended(#102067379) to allow a drive through restaurant at the southeast portion of the property. Concurrently with the amended development agreement, a conditional use (CUP 01-045)was approved to allow a 1,700 square foot Subway Restaurant(with a drive through.) A Certificate of Zoning Compliance (CZC 02-060) for the Subway was approved in November of 2002 and the Subway was constructed. In 2019, the Subway was converted into a Gyro Shack. The western portion of the site (at the corner)has remained undeveloped. Five-foot wide sidewalks have already been installed along the entire lengths of E. Magic View Drive and S. Allen Street, but landscape buffers only exist along street frontages adjacent to the developed portions of the property. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-613-5 and deems the short plat to be in substantial compliance with said requirements. Per UDC 11-2B-3, a 10' landscape buffer is required along E. Magic View Drive (a local road) and a 20' wide landscape buffer is required along S. Allen Street(a collector road). UDC 11-3B-7-2b requires all commercial, industrial and other nonresidential street buffers to be on a common lot or in a permanent dedicated buffer, maintained by the property owner or business owners' association. Also, UDC 11-3A-3 states "where access to a local road is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross access/ingress easements to adjoining properties." The developed portion of the site (proposed as Lot 1)presently takes access from E. Magic View Drive, a local road. There is no access to Lot 2 from S. Allen Street. The applicant should be required to dedicate cross access easements from Lot 1 to Lot 2 as a condition of approval of this short plat. It is important to note the existing conditional use only allows restaurant uses on the southeastern portion of the property(Lot 1). If any future use is proposed for Lot 2 other than professional offices, another conditional use will be required. Staff has reviewed the requested short plat proposal and has determined that it meets the criteria for approval per UDC 11-6B-5. Page 2 Meridian City Council Meeting Agenda July 28,2020— Page 22 of 247 V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. VI. EXHIBITS A. Existing Boyd Subdivision PLAT SHOWING BOYD SUBDIVISION GREENHIL� ESTATES NO-3 BOOK 43 PAGE 3487 SMATED IN LOT 2 OF B11)CN I OR A1ERx,s>aD MAGIC VLE71 SUBDIVISION r� AS RWCORDKO 1N BOON 52 AT PAGE 4446 d> S89'59'42*N 781.00' [761.08] Ls 1ey1 S89'59'42-W M1.88' LOCATED IN A PORTION OF THE SEL/4 OF THE NL1�4 OP SIMON 17 TOWNSHIP 3 NOWME RANGE 1 LAST,WISE IERRIOMN 11 EL81MG PIARl1C R.O.W. LEGEND 2002 I NRT.He. OnO�/30R I_ PROPERR'O—Ql Y 2 LOT RMA6ER I$ ----- RO. 'CEI LW [0IT LOT NM KR-AAENMD w C Y"$LftA IM E. ST. LURES STREET iy. LOT uNE (151.06') 11M9,10E MTA - ----------------ti -——- EASEMNT I n.U.R-1. R C MUTES ORNI Ara IR(a t� L � FASEAERT pAEHSgN I ------- IXriiING RUTTE6 LOT LINE 127/5' DST EV`�LINE Ssr22'177 E jL4.jII_,__ SiaE'aEsIkNRs FOUND Wk55 CO FOUND 5/6'R,D W-S 2831 SET 5/n3r ocem I .InlREL LS.�IX1 So /1 2124'MW ' •' A yl *Y II.R LS.�01 . 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Tn.eena.n w.wr a�.�lk�w rwurgl.nw�M an a gem d 12 nl 1?.On' I a [sl m1 1fOP0�'19W I R. A.nn..r,1c.w.in.n!wrw-q W 1, 1 a bte1H a1.n2 eh.xw1eM ewrmry d In 2 ewek,e. a] = 2T.00' t� n SW97']9 F V. A. Wry IY.a•a.nc.eo.enwi brnaHlry Lots 1 and 2.Ltx 1 Y NealtlM tN N MWtr b_dm of ' SBB'52'41 W 1 Lal1 2 wrd 3,bwk 1 m WATER SM.0 DADID1 202�. S.MARY SEEE>:SLIMCE 1 T0.A p—f4MW OPNMW 1.Iptdn at 14 a tM%,�M d Lal 3.@Wk 1 M shMn Pnd a 1.c.14. 1 BFf1MFl LOT 1 E.SETSt/T BE LFlnC b W1nrn,Rn!.ao.,0�64231 SEE HOTS�8 I Y.W' �I REFERfRCE DATI1 I R.D.Sw.9EO71beq I I I LOT SUMMARY: TOTAL LOTS 3 b u sD b TOi11&f.fk1[..E LOTS 3 .0,00,P..Al. J _ TO1AL AV* ;2W C3 9EE�-'tt}.p.,02.T6.23. 569'37'u1L'� p 1 hlNa]'afiY' 1/4 CW M MRR74M . —`sa�a7 Gs w xaz.ar S69'3702'11' LINK[TABLE PINNACLE RISi.Mo.10Oga7R6 ]0.0D' MDA6E7L IF114TH ENp11S CELiII 7u16 LNdap LNORD BRO q 'IS C1 d1.b1 20.W 16.35_,_— Engineers. Inc_ VIE1 -D1�N� ,M Ia.ER 3 C3 I�.as 7a.OD • 736 7�.74 SHEET 1 GF 2 O°I°6T-11°O Page 3 Meridian City Council Meeting Agenda July 28,2020— Page 23 of 247 B. Proposed Short Plat LEGEND .}'• -- lC414PFAr LI4F PLAT OF -------- EAMAENT ACI DAV �I��•■L �,y�/F��+••l� /r�•lL - CE ER LW 4 r++iV SVYYMASIFON �R F WHP H+hs P p A RE-511N.YN90f1 OF LOT 3,fi-bCIS', 30Y]S1.3C141rJG1, m FO P}rp•RPh Rh NF WTLP • MGse r xe•x ao•IKOrI PN.fGP G IN THE HE 1 J4,�CHpH'7,T.W. R.1E,R.M. s T 12••2!•Pal PM•J6hP €_ST.Ll1KES ST. 6ERUM,MA OOO R IDAHO cMMN L LOT UI Cs 202❑ LOT LNE LAIF W.IIWS�RF P 9P PKCTW LK A_s hp.rsrx 9 4 $ 7 16 SCFLE N FFET S LqT P, BLEB:[' 1 D •N•S w I mwrw. 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P til 6_P4K I ti __ Ply PNUTCH wrnF I Pam aF IP ww• TIFe F-TW.F•O.IF.'eP F F—a hx[4eTxxNuxA F4R P•T 4 PaT 13 0 •i TIF ll'F IT Mrtrh XP ti'nF rtPhFTNI/.iR,T1R pPLNFKlIR 4 TRF ww- 1 PNP. T !H•L WT+MR •XFh•W5•KF PFFU TF FPPx iXF I•FP[PFP SF xXx.rFT ,WH AM CF+9 K W.PPk: P-A1 .K W.TAk FJ:RR•!P ewb 3aTro]M1 t Caw Ab T* [*! TI!sn_h:Lllw lwLnh...b cxu—we sulxrT,u THE Tn.! -- - z' -—f- T'�FLOi"[mr�cmvPr'i` nl�oFir:�'`[Hi°r`Kc"'nPc aro c�'rer""xx`s rrmh"`ecn H&4'97'02'C 262 a I � aeoPswF nsP xs rismu.mT:..I:xraFPr_mnrx acxn or.al tee x. • coxrr,�a[uc. & • ••.TPA SFTrHF F•sF'xl'•T Pr•ONNs.oi T.Wx%IP.—VP T1F•F<IFP.+Pn.H.+A.'.f�:T�F l'F I xr.•NP+�S 4 - •ea•]Y�TTfSM' _ _ !.TFF F:T I+'X :T.i P.-TV H P-49 Fr PPKiTRyShFNACk' EAST AIACIC YEY PRIME L ex WPI III II PAL 6 Y TN -4"Htk MNt.J�klb sJCH J•I l'6•••Iµ'sT��bLrh•�blshkT. REUUMIP OF GURVE'.Y N4. 3645 i SI R' SY IA.Ygd. CIIRYE TA&E +� 7 MPC PApLLS PCLT� LCNGTH tlCARI14 CHAAO crx.rn.inoNin IT R, i��� ® TlALlY'6 LAND 9URYEYWO R•••r,F•F W� .FPFT�YP�Ib ProJecl na aS]� Sheet of�. Page 4 Meridian City Council Meeting Agenda July 28,2020— Page 24 of 247 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Patrick Tealey of Teley's Land Surveying included in Section VI.B shall be revised as follows: a) The plat shall be revised to reflect a common lot or permanent dedicated buffer easement sufficient to contain a 20' landscape buffer along S. Allen Road and 10' wide buffer along E. Magic View Drive. b) Add a note to the plat that specifies the shared access between the two lots or graphically depict a cross-access/ingress-egress easement between Lot I and Lot 2 in accord with the provisions of UDC I I-3A-3A2. c) Add a note to the plat that prohibits direct lot access to S. Allen Street. d) N. Allen Street on the plat shall be replaced with S. Allen Street. 2. Prior to the City Engineer's signature on the plat, a landscape plan shall be submitted to the City for review and approval,which meets the street buffer requirements of UDC 11-313-7. Required street buffers will be comprised of landscaping type and density consistent with what has already been installed along S. Allen Street to the north and E. Magic View Drive to the east. 3. Applicant shall comply with all previous conditions of approval associated with this development(AZ 99-022, DA 100021869, DA 102067379, CUP 01-045, CZC 02- 060). 4. If the City Engineer's signature has not been obtained within two (2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained, per UDC I 1-613-7. 5. Development of any lot shall require submission of Certificate of Zoning Compliance and Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of Meridian code. 6. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals as noted in condition 3. above, does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Each lot shall be required to have independent water and sewer services. Any existing services that are not to be used, or happen to be outside of the standard locations shall be abandoned per the Public Works Department requirements. Page 5 Meridian City Council Meeting Agenda July 28,2020— Page 25 of 247 General Conditions: 1. Sanitary sewer service to this development is available via existing mains adjacent to the development. 2. Water service to this site is available via existing mains adjacent to the development. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of I10% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. 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. 9. 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. Page 6 Meridian City Council Meeting Agenda July 28,2020— Page 26 of 247 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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. 16. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. 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. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; Page 7 Meridian City Council Meeting Agenda July 28,2020— Page 27 of 247 The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is L-O. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 8 Meridian City Council Meeting Agenda July 28,2020— Page 28 of 247 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Delano Subdivision (H-2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: .Mk. ATTACHMENTS: Staff Report IStaff Report 7/17/2020 REVIEWERS: Department ctio Clerk. Weatherly,Adrienne Approved 7/17/2020 -2:05 PM Meridian City Council Meeting Agenda July 28,2020— Page 29 of 247 PUBLIC HEARING SIGN IN SHEET DATE: July 28, 2020 ITEM # ON AGENDA: 6C PROJECT NAME: Delano Subdivision PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING July 28,2020 Legend DATE: �'roje�t Locar6arr TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 F Bruce Freckleton,Development * - A Services Manager - - — 208-887-2211 �= ' SUBJECT: H-2019-0027 I Delano Subdivision ° LOCATION: 2800& 14120 W.Jasmine Ln. History: This project was originally heard by the Commission on May 2, and July 18, 2019; at the hearing on July 18`h, the Commission voted to recommend denial of the project to City Council. The City Council heard the project on November 12, 2019; at that hearing, Council voted to remand the project back to the Commission to address the density issue of the proposed development and for Commission's review of a revisedplat with changes to lots proposed along the northern boundary of the subdivision that front on E. Della Street(e.g. single-story, detached units, lose a lot(s)). (See pg. 16 for more information) Update: The Applicant submitted revised plans for the Commission hearing based on discussion at the City Council hearing and meetings with the neighbors, included in Section VIT The revisions include a reduction in the number of buildable lots from 85 to 66; a change to the proposed zoning(the portion of the site along the north &west boundaries previously proposed to be zoned R-15 is now proposed to be zoned R-8); and a change to the conceptual building elevations. Staff has updated the subject staff report based on the revised plans—original text that is no longer applicable is shown in strike-out and new text is shown in underline format. The conditions of approval in Section VIII are not in strike-out/underline format as there were no conditions that went forward to Council because the Commission recommended denial of the project; new conditions are included in accord with the revised plans based on those originally recommended by Staff to the Commission for the May 2, 2019 hearing.A summary of the Commission hearing on April 16, 2020 is included on page 18. On May 12`h, the Council voted to deny the project. The Applicant submitted a request to City Council for reconsideration of their decision after the Findings were approved on May 26`h; the request was heard on June 9th and approved. The request for reconsideration was based on Council's failure to voice their specific concerns to the project during the public hearing so that the Applicant(and the public) could respond and address those concerns. The Applicant felt there was not adequate opportunity to present all of the information necessary for the Council to make an informed decision on this project. A new public hearing was noticed and scheduled for July 28`h. Page 1 Meridian City Council Meeting Agenda July 28,2020— Page 30 of 247 I. PROJECT DESCRIPTION designation;impaet and plafming area in Mefidian's pla-afting afea with a Mixed Use Regional Futufe L—Andd Use Map Note: The Comprehensive Plan Map amendment application is no longer needed as the Future Land Use Map (FL UM)was amended with the new Comprehenisve Plan to include an MU-R FL UM designation for this property. Annexation&zoning of 15.22 acres of land with R-8 (3.31 acres),R-15 (11.5 7 8.12 acres)and R-40 (3-.64 3.79 acres)zoning districts; and, Preliminary plat consisting of 8-5 66 single-family residential building lots, 1 building lot for a 96-unit multi-family development.-a*d42 88 common lots and 2 other(common driveway)lots on 15.22 acres of land in the R-8,R-15 and R-40 zoning districts. II. SUMMARY OF REPORT 1. Project Summary Description Details Page Acreage 15.22 Future Land Use Designation MDR(Medium Density Residential)in City of Me-: & Mixed Use-Regional(MU-R)i Gity f Beise Existing Land Use 2 existing homes&accessory structures Proposed Land Use(s) Single-family residential(SFR),attaehed p, detae ed and conceptual multi-family residential(MFR) Current Zoning RUT in Ada County Proposed Zoning R-8,R-15&R-40 Lots(#and type;bldg/common) 85 66 SFR buildin 42S common/l MFR building and 2 other Phasing plan(#of phases) Yes;23 phases Number of Residential Units(type 4-4 66 SFR detached units( 8 attacheEL16 7 detached SF ,and of units) 96 MFR apartments) Density(gross&net) 7-.345 5.7(SFR,R-8&R-15)&27(MFR,R-40)gross units/acre; 11.8(SF- ,n 15) r.27(,N4F ,R nm o+8.12 units/acre(SFR)(net) Open Space(acres,total[%]/ See Analysis, Section V.3 buffer/qualified) Amenities Shade^.,.,,,.twe (2)play^tfuetffe^ benehe^ pedestrian walk-waysSee Analysis, Section V.3 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 25,2019;92 attendees attendees: Applicant met with the Alpine Pointe HOA Board on December 16'and 231,2019;the revised plan was presented to the HOA Board on February 18t}',2020-30+/-people attended(an official neighborhood meeting_ was not held as it wasn't required). History(previous approvals) None Page 2 Meridian City Council Meeting Agenda July 28,2020— Page 31 of 247 2. Community Metrics Description Details Page Ada County Highway District • Staff report No Yes (yes/no) • Requires ACHD Yes(tentatively sehe „'oa., e heard on May 22,2019) Commission This project is being heard by the ACHD Commission because of Action(yes/no) objections from neighbors pertaining to the extension of Dashwood Pl. and connectivity to Centre ointe Way Fire Service • Distance to Fire L-34 miles from Fire Station#3 (can meet the response time requirements) Station • Fire Response 3 minutes under ideal conditions Time • Resource 82%from Fire Station#3—does meet the target goal of 9580%or Reliability greater • Risk 21 (SFRre4dentia4)and 4(MFR)—current resources would not be Identification adequate to supply service to the proposed project;(see comments in Section VIII.C) • Accessibility Meets requirements;FD is eaneemed as there is ne visitor-pafking in the development r-estilting in people pafk4ag in areas that may bleek aeoess to eyes. See additional comments in Section VIII.C. • Special/resource Doesn't The MFR portion of the project will require an aerial device(see needs comments in Section VIII.C) • Water Supply Requires 1,000 gallons per minute for 1 hour(may be less if building is sprinklered) • Other Resources NA Police Service • Distance to 5 miles Police Station • Police Response 4:30 minutes Time • Calls for Service 0904 in RD `M724' • Accessibility PD has no issues with proposed access • Specialty/resourc No additional resources are needed;MPD already services this area. e needs • Crimes 0119 • Crashes 026 West Ada School District • Distance(elem, Discovery Elementary—2.83 miles;Heritage Middle School—3.4-6 miles; ms,hs) Rocky Mountain High School—5-56_2 miles • Capacity of Discovery Elementary 650;Heritage Middle School 1,000;Rocky Schools Mountain High School 1,800 • #of Students Discovery Elementary�5511;Heritage Middle School 1-,2-541, 446;Rocky Enrolled Mountain High School'z,44a2, 669 • Anticipated 68 schoolaged children generated by this development Page 3 Meridian City Council Meeting Agenda July 28,2020— Page 32 of 247 Wastewater • Distance to 0-feet _ Sewer Services • Sewer Shed Five Mile Trunkshed • Estimated 181 Project Sewer ERU's • WRRF 13.66 MGD Declining Balance • Project Yes Consistent with WW Master Plan/Facility Plan • Impacts& The following proposed manholes have less than 3'of cover:A-3,A-4,A- Concerns 5,C-1 and D-5.Public Works has previously discussed with the applicant the possibility of using grinder pumps in these shallow areas,but the plans do not note the use of them.If the parcel to the north of the multi-family is to be served by Meridian,applicant must stub sewer at minimum slope in N. Centre ointc Way to the north boundary line. Water • Distance to 0-feet Water Services • Pressure Zone 3 • Estimated See application information Project Water ERU's • Water Quality None • Project Yes Consistent with Water Master Plan • Impacts& Public Works has met with SUEZ Water and agreed that water service to Concerns the north for the multi-family portion of the development will be provided according to how annexation proceeds. Meridian will provide water in Meridian,and SUEZ will provide water in Boise. Page 4 Meridian City Council Meeting Agenda July 28,2020— Page 33 of 247 ION INNIN ON E -, ONE I IN N• _ .1■ 1 I i iu '�•111•NN=1 a IINIu �.J � •� ■MINI r� illll 11:.■IIIIIIIIN aNININ- :•111111::NI111111111 NI pill, uu unuuw,p�m •�''_�, 'y NO -ON � 11•�N� --;��::ram Y'T Ni L ON MINNIE •1 �� NI■ON ONE '1_h'a _I • _ S 11 I ' MEN M ONE MM ON IIN111NNINino NO N NO -i iiiiii- �lilll lll�r =� � —_ ��� Y •�� _ J rN •N! •1111! a mill 1 -ulll } ill.l�iy i ilil'ii• 2.i r —.. +e+ .7T-ILR. -III iii'ii111,=■' ':�i� ��• q-- pp l! ■lauua! -� ■ • ■1 ■uliL • , li r,.,■ WN►:R Lim ! G ON � :��'' 1' ■ i .'tiu•u.� luau� iuuw uun•4 I E uuu-.aul..! •i uuN- uuu S uuwlti�il]u lllll u•m ON :!�•uuu- •-���A lII,II�r�3r-�_ a • �;�;� 'Y YY�Y �IIY�[ ON ON IN - ■e u � .NUda� I• �11 �Jl� 1 N ■ + ■uNN i.ell~: hm Nnn -y._+ i •N11 IF II Al LE ■_ ■_ . • .. a �_ B. Owner: Norm Cook— 14120 W. Jasmine Ln.,Boise,ID 83713 Eddy Bollinger—2800 E.Jasmine Ln.,Meridian, ID 83646 C. Representative: men Bailees Devee Development, h. Fa4view Ave. Boise, 1P 83 Hethe Clark, Clark Wardle—251 E. Front St.,Boise,ID 83701 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date 4/12/2019; 6/28/2019; 8/2/2019; 8/30/2019; Newspaper Notification 2/25/2020; 3/27/2020 4/24/2020; 7/10/2020 Radius notification mailed to 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; properties within 300 feet 2/25/2020; 3/27/2020 4/21/2020; 7/8/2020 Public hearing notice sign posted 4/22/2019; 7/8/2019; 3/4/20; 9/6/2019; 11/01/2019; on site 4/4/20 4/29/2020; 7/17/2020 Nextdoor posting 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; 2/25/2020; 3/27/2020 4/22/2020; 7/8/2020 V. STAFF ANALYSIS 1. f''l1T,PREiiE Since the hearing at City Council on November 12, 2019, the City adopted a new Comprehensive Plan, which included an amendment to the Future Land Use Map (FLUM that assigned an MU- R designation to the majority of the property that lies east of Centrepointee Way. Therefore, the application for an amendment to the Comprehensive Plan is no longer required; Staffhas deleted this section from the report. 2. ANNEXATION&ZONING The applicant requests annexation and zoning of the 44.5 7 11.43 acres west of N. Centrepointe Way with an the R-8 (3.31 acres) and R-15 (11.57 8.12 acres)zoning districts; and the 5 acres east of N. Centrepointe Way with an R-40 zoning district(3-.64 3.79 acres)consistent with the MDR and proposed MU-R FLUM designations.Note: There is a small portion of the Cook parcel(east side of Centrepointe Wax) that on the FL UM does not have a designation. This was a mapping error and the entire Cook parcel is effectively designated MU-R. Comprehensive Plan(https:llwww.meridiancity.or /g compplan): The Future Land Use Map(FLUM)designation for the portion of this site west of the extension of N. Centrepointe Way is Medium Density Residential(MDR)it the City f Mar-id ;the portion of the site east of the extension of N. Centrepointe Way is euFFeR41y was previously located in the City of Boise's Area of City Impactboundary and iswas designated General Mixed Page 6 Meridian City Council Meeting Agenda July 28,2020— Page 35 of 247 Use. On October 29,2019,the Boise City Council approved and adopted the resolution(RES- 521-19)to amend the land use map of Blueprint Boise to transfer this area from the City of Boise Area of City Impact(AOCI)to the City of Meridian AOCI. The recent amendment to the City of Meridian's FLUM included this property with a Mixed-RegionalMU-R)future land use designation.As noted in the previous eeti n the A....i:eant proposes t amend the F UM+ include the eastern par-eel in the City of Meridian's p! ith a MU R FLUM designation. The MDR 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. The MU-R designation allows high density multi-family developments as supporting uses for higher intense commercial uses such as those to the south and east of this site along a major transportation corridor(i.e. Eagle Rd./SH-55)and near arterial intersections(i.e. McMillan/Eagle Rds. &Ustick/Eagle Rds.). Land Use: The proposed land use for this site is single-family residential (SFR)and a future multi-family residential(MFR)development(i.e. apartments). A total of 5566 (19 attae e a-E 67 detached) SFR units at a gross density of 7-465_7 units per acre, and a net density of 44-8 8.12 units per acre are proposed; and 96 apartment units are planned to develop in the future at a gross and net density of 27 units per acre. The proposed density is consistent with that desired in the MDR and MU-R designations respectively. Proposed Use Analysis: The proposed single-family dwellings(a**a�detached)are listed as a principal permitted use in the R-8 and R-15 zoning districts; and the multi-family development is listed as a conditional use in the R-40 zoning district per UDC Table 11-2A-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27; compliance with these standards will be evaluated in the future through the conditional use permit process. Concept Plan: The Applicant submitted a concept development plan for the property to the north(Parcel# R4582530100) at Staff s request to demonstrate how the property could possibly redevelop with the extension of N. Centrepointe Way to the north as planned on the MSM(see Section VII.E). Transportation: The Master Street Map(MSM) depicts a planned north/south commercial collector street through this site from the south boundary to the north boundary eventually connecting to E. Wainwright Dr. for access via N. Eagle Rd./SH-55. The portion of Centrepointe W4Y proposed to be constructed with this development is consistent with the MSM. Comprehensive Plan Policies(https:llwww.meridiancity.or /g 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) A mix of SFR a;*��detached homes and MFR apartment units are proposed within this development which will provide ownership and rental options for various income groups in this area. Page 7 Meridian City Council Meeting Agenda July 28,2020— Page 36 of 247 • "Provide housing options close to employment and shopping centers."(3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor. • "Locate high-density development,where possible,near open space corridors or other permanent major open space and park facilities,Old Town, and near major access thoroughfares."(3.07.02L) The density proposed in the multi family portion of the development falls within the high density category. The site is located wiMin approximate lX a mile of rom Kleiner Memorial Park, a 60-acre City Park, and is in close proximity to N. Eagle Rd./SH-55, a major access thoroughfare. • "Consider ACHD's Master Street Map(MSM)in all land use decisions."(3.03.04K) The MSM depicts a north/south collector street through this site; the proposed plan depicts a collector street in accord with the MSM. • "Require open space areas within all development."(6.01.01A) Qualified open space in accord with the minimum standards listed in UDC 11-3G-3 is required. • "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 on the west side off. Centrepointe Way, a collector street, to the SFR portion of the development; and one (1) access is proposed on the east side off. Centrepointe Way for the MFR portion of the development. Sta,ff recommends local street access (or a driveway with a cross-access easement) is provided to the property (#R4582530202) abutting the R-40 zoned portion of the site as set forth in UDC 11-3A-3A.3, as the property currently only has access via Eagle Rd./SH--55. • "Coordinate with transportation agencies to ensure provision of services and transit development." (6.02.02H) This site is not currently served by public transportation. However, ValleyConnect 2.0 proposes bus service on Eagle Rd.from the Boise Research Center to downtown Kuna with 20 minute frequencies in the peak hour. The Closest bus stop would be less than %mile from this site when that route is operational. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system."(3.03.0313) There are no pathway connections to this development from adjacent developments to the north and south other than sidewalks adjacent to public streets. Staff recommends the Applicant coordinate with the Developer of the property to the south (Brickyard Apartments)to incorporate pedestrian connections between the two developments i.e. the single-family and the mulit-family developments) on each side of N. Centrepointe Way. In reviewing development applications,the following items will be considered in all Mixed Use areas,per the Comprehensive Plan (pgs.23-24): (Staffs analysis in italics) • "Residential densities should be a minimum of six dwellings/acre." The gross density of the proposed MFR development is 27 units per acre which falls within the range desired in mixed use designated areas. Page 8 Meridian City Council Meeting Agenda July 28,2020— Page 37 of 247 • "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." The proposed development incorporates a MFR component along with the SFR development and is in close proximity (i.e. 460) to N. Eagle Rd./SH--55. The proposed development will provide housing options for nearby employment centers. • "A conceptual site plan for the entire mixed-use area should be included in the application." A concept plan was included on the landscape plan for the future MFR development in conjunction with the SFR development currently proposed. • "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." This development does not include commercial/office buildings. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The proposed single-family armed an detached units with vaaing lot sizes and setbacks will provide a transition in density and lot sizes between larger single-family residential lots to the north and the townhomes/multi family lots to the south. This development does not include any commercial uses; however, the proposed multi family development on the eastern portion of the site will provide a transition between the proposed single-family attached and detached units and future commercial/mixed uses along Eagle Rd. • "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 plan only includes one land use type (i.e. residential); however, tlrreetwo different types of residential units are proposed(i.e. single-family detached, nand multi family apartment units). Within the overall mixed use designated area, which incorporates land on both sides of Eagle Rd./SH55 to the south to Fairview Ave., there are a mix of uses as desired consisting of commercial(retail, restaurants, etc), office and residential uses. • "Community-serving facilities such as hospitals,churches, schools,parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." This is a relatively small portion of the overall mixed use designated area; none of these types of uses are proposed on this site nor have they been developed on the adjacent mixed use designated area to the south. • "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 plan does not incorporate public and/or quasi public spaces and places; the common area proposed in the residential development is owned by the Homeowner's Association and does not satisfy this requirement. These types of public spaces have been provided in the adjacent mixed use designated area to the south. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." Page 9 Meridian City Council Meeting Agenda July 28,2020— Page 38 of 247 The proposed development plan shows interconnectivity with the residential neighborhood to the north providing accessibility to the commercial development to the south via N. Centrepointe Way. • "Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code." The proposed development plan includes a north/south collector street(i.e. N. Centrepointe Way) 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-R areas,per the Comprehensive Plan(pg.30): • "Development should comply with the general guidelines for development in all Mixed-Use areas." See analysis above. • "Residential uses should comprise a minimum of 10%of the development area at densities ranging from 6 to 40 units/acre." The proposed residential uses comprise 100%of the site. Densities of the SFR and MFR developments are in accord with this guideline. • "Retail commercial uses should comprise a maximum of 50%of the development area." No retail commercial uses are proposed with this development; however, the MU-R designated land to the south incorporates a large amount of retail commercial uses. • "There is neither a minimum nor a maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses." No commercial uses are proposed with this development. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8,R-15 and R-40 zoning districts and proposed development is generally consistent with the MDR and prepesed-MU-R FLUM designations and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and south;the R-8 and R-15 area is within the Area of City Impact Boundary(AOCI)and the R-40 area is outside of the AOCI 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. 3. PRELIMINARY PLAT Existing Structures/Site Improvements: There are two(2)existing homes and accessory structures on this site. These structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 10 Meridian City Council Meeting Agenda July 28,2020— Page 39 of 247 Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8, 11-2A-7 for the R-15 and 11- 2A-8 for the R-40 zoning districts (so ). The proposed plat complies with these standards. Subdivision Design&Improvement Standards(UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways, common driveways, easements,and block face. The proposed plan complies with these standards. Phasing Plan: The subdivision is proposed to develop in 23 phases as shown on the phasing plan in Section VIILC. The first phase will include the extension of N. Dashwood Pl. from the north through the site to N. Centrepointe Way. Staff recommends the phasing plan is revised to include construction of the street buffer on the east side of N. Centrepointe Way in the first phase so that the street buffer and detached sidewalk is constructed and the buffer landscaped with the first phase of development. Access(UDC 11-3A-3,11-3H- /Streets: Jasmine Lane, a 50-foot wide private street,currently provides access to the lots in Jasmine Acres Subdivision,including the subject properties.The private street is depicted on the Jasmine Acres subdivision plat. Staff is unaware if a separate recorded easement exists for the private street.Where the easement crosses the subject property it should be relinquished; proof of relinquishment shall be submitted to the Planning Division prior to City Engineer signature on the final plat. One access is proposed on either side of N. Centrepointe Way, a collector street; and an emergency only/pedestrian access is proposed from the extension of N. Dashwood Pl. at the north boundary of the site.A stub street(E. Jasmine St.)is proposed to the parcel to the west for access and future extension. Public streets are proposed within the SFR portion of the development with 27-foot wide street sections; private drive aisles will be provided within the MFR portion of the development. In accord with UDC 11-3A-3,which limits access points to collector streets to improve safety and requires access to be taken from a local street if available, Staff recommends N.Dashwood Pl.is extended as a full access street into the site with the first phase of development.Note:ACHD approved the connection of Dashwood Ave. to the existing stub street to the north (Dashwood Pl.) as a temporary emergency access/pedestrian connection until Centrepointe Way is extended to Wainwright Dr., or within 10 years, whichever occurs first. When Centrepointe Way is extended to Wainwright Dr., Dashwood Pl. will be reconstructed as a public street for vehicular connectivity to Wainwri hg t Dr. UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street.The parcel to the east of the property proposed to be zoned R-40 on the east side of Centrepointe Way(Parcel #R4582530202),currently takes direct access via N.Eagle Rd./SH-69, an arterial street and a State Highway; therefore, Staff recommends local street access(or a driveway with a cross-access easement)is provided to the property to the east as set forth in UDC 11-3A- 3A.3. The Applicant should coordinate with the developer of that property on a location for the access street/driveway. Staff recommends N. Centrepointe Way is extended/constructed with the first phase of development from the southern to the northern boundary of the site so that if re- development of the property to the north Won occurs before the multi-family portion of Page 11 Meridian City Council Meeting Agenda July 28,2020— Page 40 of 247 this site,the connection to Wainwright Dr. can be made and services can be extended-as -per• Traffic: A Traffic Impact Study was not required by ACHD for the proposed development; however,the Applicant did include an informal traffic analysis in their application narrative based on ACHD's Policy Manual that takes into consideration existing traffic volumes in relation to anticipated traffic volumes from the proposed development and the resulting impacts to Wainwright Dr. &Dashwood Pl. The analysis shows the total trips per day on Wainwright at 41%of total capacity; and on Dashwood at 44%of total capacity resulting in 56-59%under total capacity for these streets,which should not overburden existing roadways systems if these calculations are correct. See application narrative for more information. Many letters of testimony have been received from adjacent residential property owners to the north regarding the amount of traffic that will be generated from the proposed development and routed through their neighborhood.For this reason,it's imperative that the Centrepointe Way connection to Wainwright occur as soon as possible; thus,the reason for Staffs recommendation for the pr-opeFty to the noFth to be ineluded in the afflendm to the Fr UM and for the construction of Centrepointe to the northern boundary of the annexation area to occur with the first phase of development. Common Driveways (UDC 11-6C-3 All common driveways are required to comply with the standards listed in UDC 11-6C-3D. TlweeTwo(32)common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150' in length or less,unless otherwise approved by the Fire Dept. 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. Signage should be provided at the ends of the common driveways on Lot 435,Block l et 7,� and Lot-19,Block 34 for emergency wayfinding purposes as requested by the Fire Department. Transition: There are 68 single-story structures with 10 8 dwelling„ritsq .epe(ties proposed along the west boundary of this site adjacent to the 8.2 acre rural residential property to the west, which is currently in Ada County and designated as MDR(3-8 units/acre) on the FLUM. There are-5-.5 6 existing single-story residential properties to the north that abut this site that are 0.31-0.38 of an acre in size;4-012 single-family structures 15 12 a.,.o'�:r.„flits/ .,.,....eAies are proposed along the north boundary of the site. existing home shops par-king areas and• ards. See aerial map below. Because the homes proposed along the north and west boundaries will all be a single-story in height, Staff believes they will have a lesser impact on adjacent neighbors than 2-story homes would have; therefore,Staff is not recommending a greater transition in lot sizes Page 12 Meridian City Council Meeting Agenda July 28,2020— Page 41 of 247 isthan proposed.However,the Commission and City Council should consider any public testimony provided in determining if fewer lots/structures should be provided along these boundaries as a better transition to existing residential properties. IP wri #: 1 1 41 N Parking(UDC 11-3C): Parking for single-family dwellings is required based on the number of bedrooms per unit.For 1- bedroom units, a minimum of 2 spaces per unit are required with at least one of those spaces in an enclosed garage, other space may be enclosed or a minimum 10' x 20' parking pad. For 2-3 bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pads. Because of the proposed reduced 27-foot wide street sections,parking is restricted to one side of the street only resulting in fewer available on-street parking spaces for guests and households with cars that can't be parked on private property than is typical with a full street section which allows parking on both sides of the street. Off-street parkin is s required to be provided on each lot in accord with the aforementioned UDC standards. Beeause of the w lots ( ftent of these lots for-guest pafk4ag a-ad in some afeas par-king is a ways away. Wher-e at4aeh heraes are proposed,there is r-eefn for-appr-eximately one spaee per-every 2 lots for-On Stfee On-street parking(6658 spaces)is also available adjacent to common lots and along one side of the street within 200' f e any home• rithi, the deve ,.... e-at.(see Exhibit H in Section VII). 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)in accord with the standards listed in UDC 11-3B- 12C. Page 13 Meridian City Council Meeting Agenda July 28,2020— Page 42 of 247 Beeause inter-eonneetivity is important and espeeially so in mixed use developments, Staff reeommends the Applicant coordinate with the Developer of the property to the south (Brickyard Apartments)to iHeffper-ate pedestrian conneetions between the developments on eaeh side of N. Centr-epointe Way-. Sidewalks(UDC I1-3A-17): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and after-ial streets; and minimum 5-foot wide attached(or detached) sidewalks are required along local streets as proposed. 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 along the collector streets and along internal local street abutting common areas in accord with UDC standards. Landscaping(UDC 11-3B): Per UDC Tables 11-2A-7 and 11-2A-8, a 20-foot wide buffer is required adjacent to N. Centrepointe Way, a collector street. Street buffer landscaping is required to be provided within common lots in accord with the standards listed in UDC 11-3B-7C; trees and shrubs should be depicted within the street buffers on either side of N. Centrepointee Way in accord with these standards. The Landscape Calculations table should include the linear feet of street buffers and the required vs.proposed number of trees demonstrating compliance with the aforementioned standard. Landscapin is s required to be provided in common open space areas in accord with the standards listed in UDC I I-G-3E;the proposed landscaping exceeds the minimum standards. Landscaping is required within parkways as set forth in UDC 11-3A-17E and 11-3B-7C; the Landscape Calculations table should include the linear feet of parkways and the required vs.proposed number of trees demonstrating compliance with the aforementioned standard. Qualified Open Space(UDC 11-3G): Based on the overall development area which consists of 15.21 acres of land, a minimum of 10% (1.52 acres)qualified open space is required to be provided within the development per the standards listed in UDC 11-3G-3B. Because the site is bisected by a collector street and the portion of the site proposed to develop with apartments is not beingdped at this time, Staff recommends the 10%open space is provided on each property; the R-8 and R-15 property totaling 11.3+/-acres should provide a minimum of 1.13 acres and the R-40 property totaling 3.6+/-acres should provide a minimum of 0.36 of an acre(in addition to the open space required in UDC 11-4-3-27C for multi-family developments). A revised qualified open space exhibit was submitted as shown in Section VII.F that depicts 4431.23 acres(or 44—.510.8%)of open space for the SFR portion of the development consisting of a 10.69 of an acre park with amenities,parkways, , and linear open space that is at least 20' wide and has an access at each end and is landscaped, and a collector street buffer and a lees' street buffer-. The linear open space on Lot 17,Block 4 doesn't qualify as it's not accessible at the west end as required by UDC 11-3G-3B.1e,however the rest of the area meets the minimum standard at 1.17 acres. stFeeVland use buffer-along the southefa boundafy of the site toward the qualified open spa eats(see Seeti.n^ below for-more infamiationy The open space on the R-40 property will be evaluated for compliance with UDC 11-3G-3B at the time of submittal of a conditional use permit. Page 14 Meridian City Council Meeting Agenda July 28,2020— Page 43 of 247 are that does not qualify(i.e. the perimeter-' — I g1he east boundary)and is below the The"alified open spaee Em the N4FR pot4ion of the site east side of Get+4epoipAe Way ifielud develop at this time and is eeneeptttal in aatidr-e and likely to ehange, Stag r-eeemmeads a DA required of the total land area(i.e. 5 acres). Because that portion of the site is not planned to qualified open spaee is provided a4 the time of development th-at m-e-e-ts the standards in UPC 11 3G 3B. This reqttiremen4 is in addition to th ieqir-e�' i rc�xr vDG 11 4-3 27C�vr-MF-Rueye efAs-. Qualified Site Amenities (UDC 11-3G): A minimum of one(1)qualified site amenity is required to be provided for this development based on the size of the overall development(i.e. 15.21 acres). The Applicant proposes a shade structure, children's play structure, children's climbing dome, children's climbing boulders, seating benches,public art and a pathway as amenities,which exceed UDC standards. The pathway does not count as a qualified amenity as it doesn't meet the standards in UDC 11-3G-3C.3; however,the other amenities proposed do qualify and exceed the minimum standards. Existing Trees: There are many existing trees on this site the Applicant states are being removed by the residential property owner for firewood. Include mitigation information on the plan for any existing trees that are not removed by the property owner in accord with the standards listed in UDC 11-313-10C.5. Waterways(UDC 11-3A-6): The Nourse Lateral runs along the northern boundary of this site and is piped. An easement should be depicted on the plat for the waterway.If the easement is 10 feet or greater,it should be located within a common lot that is a minimum 20-feet wide and outside of a fenced area unless modified by City Council as set forth in UDC 11-3A-6D. 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. The existing fencing along the north and southwest boundaries of the site is proposed to remain. A 6-foot tall solid vinyl privacy fence is proposed along the west, south and east boundaries of the SFR portion of the site as well as along the nofth, oast^^a south b „ dar-ies of the r,rF-n p^.tion of th ^ t^ in accord with UDC standards. A 4-foot tall wrought iron fence is proposed around the perimeter of the children's play area on Lot 1,Block-32. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed. 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-IS): An underground pressurized irrigation system is required to be provided for each lot within the development. Page 15 Meridian City Council Meeting Agenda July 28,2020— Page 44 of 247 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 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family a**a�. detached units and multi-family apartment structures as shown in Section VII.F. Building materials for the single-family homes consist of a mix of siding(horizontal and vertical lap siding and board&batten) and stucco with stone veneer accents. The multi-family structures are required to comply with the design standards in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. All SFR homes along the west and north perimeter boundaries of the development will be restricted to a single-story in height as proposed b, t�pplicant. Because the rear and/or side of 2-story structures on Lots 14-1812-8,Block 1 and Lot 2, Block 25 that face N. Centrepointe Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs),bays,banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines.Single-story structures are exempt from this requirement. Public Testimony:Many letters of testimony have been received on the original plan submitted with this application,primarily from residential neighbors to the north in Alpine Pointe Subdivision(aka Zebulon Heights). The primary concerns are the intensity of the development (i.e. density is too high); not enough transition in lot sizes to lower larger lots to the north; extension of N. Dashwood Pl. and Centrepointe Way and resulting traffic generated from this development and from the developments to the south that will be routed through their subdivision until Centrepointe can be extended to the north to Wainwright in a more direct fashion; and safety concerns for children pertaining to traffic. The neighbors have suggested several alternate development plans that would result in less traffic through their neighborhood. See public testimony in the project file for more information. Additional public testimony has been received on the revised plan that can be accessed at: httgs://weblink.meridiancity.org/WebLink/browse.aspx?id=166928&&dbid=0&&repo=Meridian C 4. A T T-ERN A TT;1T C-OmFi i A NC-E A local street buffer is no longer proposed; Staff has removed this section as it is no longer applicable. spaee for-the development. The"alified open spaee peFtaining to street bugar-s listed in UPC= 11 36 3B allOws the full are of eelleeter-street buffer-s and 5B 5,to be allowed to eeui4 the area of a leeal stT-eet buffer-toward the fniaimuffl EtUalified Opeft of the SFR peAien of the site with dense!andseapiag along E. jasmine ., Page 16 Meridian City Council Meeting Agenda July 28,2020— Page 45 of 247 alter-native provides an equal or super-ior means of meeting the intent and purpose of the regulation(see T7;,,,]ings i Seet .,,-. IX ill inteaded purpose of UPC-1-1 3G-3 has been met. VI. DECISION A. Staff: Staff recommends approval of the proposed C mp-ehen ive Plan",rap Amendment ment if- the p eel to the aei4h(R4592530100) is also ineloded,the Annexation&Zoning and Preliminary Plat applications with the conditions included in Section VIII.A per the Findings in Section IX. if the par-eel to the aeAh(R4592530100) is not ineltided in the map amendment, Staff recommends denial of annexation and zoning reqaest for the eastern par-eel(i.e. R 4 0 zone). B. Commission: The Meridian Planning&Zoning Commission heard these items on May 2 and July 18, 2019. At the public hearingon n July 18t'',the Commission moved to recommend denial of the subject CPAM, AZ and PP requests to City Council. 1. Summary of Commission public hearing_ a. In favor: Jim Conger; b. In opposition: Malissa Bernard(representing many neighbors on Dashwood Place to the north in Alpoint Point Sub.);Frank Marcos(Alpine Point Sub. HOA President); Kenneth Clifford; Sherry Garey; Greg Walker; Patricia Pitzer; Joy Cameron; Sandi King; Laura Trairatnobhas c. Commenting?: Connie Thompson; d. Written testimony: Many(47+/-)letters of testimony were received(see public record). e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Ke. ids)of public testimony a. Consensus that proposed density of development is too high; b. Not enough transition in lot sizes is proposed to larger lots to the north; c. Concern pertaining to the extension of Dashwood Pl. and Centrepointe Way and resulting traffic generated from the proposed development and from the commercial and multi-family residential developments to the south that will be routed through the subdivision to the north if Jasmine is connected to Centrepointe before Centrepointe can be extended to the north to Wainwright; d. Safety concerns for children pertaining to traffic; e. The proposed development is premature and that infrastructure (i.e. the extension of Centrepointe to Wainwright) should be in place prior to the development goingin,n,not after the fact; f. There has been no negotiation with neighbors by the Developer as directed by the Commission; 3. Key issue(s)of discussion by Commission: a. The desire for the City of Boise to take action on a request to exclude the eastern portion of the site from their Area of City Impact boundga prior to the City making a decision on this application; b. The possibili , of only an emergency access via Dashwood Pl.; Page 17 Meridian City Council Meeting Agenda July 28,2020— Page 46 of 247 C. Concern pertainingtquacy of parking for the development; d. Preference for R-8 vs. R-15 zoning for the single-family portion and R-15 vs. R-40 zoning for the multi-family portion of the site as a transition to adjacent zoning; e. Density should be reduced due to Heritage Middle School and Rock Mountain High School already being over capacity f. Desire for the Applicant to work with neighbors to address issues that were brought up at the hearjn& 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the proposed CPAM,AZ and PP applications to the City Council based on their desire for the Applicant to obtain approval from the City of Boise for the adjustment to the Area of City Impact boundary; and opinion the applicant did not sufficiently work with the neighbors on their concerns pertaining to the proposed development. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: The City Council heard this project on November 12,2019 and moved to remand the project back to the Commission to address the density issue of the proposed development and for their review of a revised site plan with changes to lots proposed along the northern boundary of the subdivision that front on E. Della Street. D. The Meridian Planning&Zoning Commission heard these items on March 19 and April 16, 2020. At the public hearing on April 16`h, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark b. In opposition: C. Commenting: Malissa Bernard; Laura Trairatnobhas;Michael Bernard; Sandi King; Kenneth Clifford;Alhe Crane d. Written testimony: Many letters of public testimony were received(see public record), Hethe Clark(response to the revised staff report—in agreement except for two items: 1) requests DA provision#1D be revised to not restrict homes along the west boundary to a sin l�ry in height as previously proposed,to allow 2-story homes to be constructed; and 2)requests deletion of condition 42B,which regires construction of the 20' wide street buffer&detached sidewalk along the east side of Centrepointe to be constructed with the first phase of development to be deferred until the multi-family portion of the site develops.; e. Staff presenting application: Sonya Allen f Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. The HOA to the north(Alpine Point)requests the Dashwood stub street at the north boundary be vacated and sole vehicular access be provided to the site from the south via Centrepointe Way to keep traffic from cuttingthrough hrou,gh their neighborhood—this could also be accomplished with a,gate for emergency access only; feeling that the subdivision to the north is"overconnected"and more connections aren't necessary to Wainwright Dr. from the south, especially with Centrepointe planned to extend to Wainwright in the future, requests larger lots and single-story homes along boundary for a better transition;belief that funds should be provided by all development for improvement of the Eagle Rd. &Wainwright intersection; Page 18 Meridian City Council Meeting Agenda July 28,2020— Page 47 of 247 b. Concern pertaining to the impact the proposed development will have on the capacity of area schools; c. Frustration from the neighbors that they weren't aware that Dashwood was planned to be extended in the future as there were no signs erected at the end of the stub street; d. Concern pertaining to the removal of all of the existing evergreen trees(40+/-)along the southern boundary of the site and request for mitigation to be required the owner planned to cut the trees down for firewood); 3. Key issue(s)of discussion by Commission: a. The Commission asked the Applicant to clarify the status of the Nourse Lateral easement along the northern boundary of the site—the Applicant stated the Alpine Pointe Subdivision plat depicts a 15' wide easement for the piped lateral that exists on the adjacent property to the north within the easement;the Applicant also proposes to depict an additional easement on the subject plat in case it's needed for maintenance of the lateral; b. The transportation plan for this area and existing and planned connections to Wainwright c. Whether or not Dashwood should be extended to Centrepointe with the first phase of development as recommended by Staff, or extended as a temporary emergency access/pedestrian connection until Centrepointe is extended to Wainwright, or within 10 years,whichever occurs first—when Centrepointe is exended to Wainwright, Dashwood would be reconstructed as a public street for vehicular connectivity to Wainwright as required by ACHD. d. The Applicant's request for homes along the west boundary to not be restricted to sin l�ry in height and for the buffer and sidewalk along the east side of Centrepointe to not be constructed until development of the multi-family portion of the sib e. Support for retaining the existing trees or requiring mitigation for them if removed; f In support of fewer lots and lower density proposed; g. The timing for construction of the street buffer and sidewalk along the east side of Centrepointe Way(with the first phase as recommended by Staff or with the 3rd phase as proposed by the Applicant). 4. Commission change(s)to Staff recommendation: a. Modify condition#A.1f to add language consistent with ACHD's decision pertaining to the extension of Dashwood to Centrepoint Way; and strike condition#A.5 in Section VIIl. b. Modify DA provision#A.ld in Section VIII to allow bonus rooms on sin lg e-story homes along the west boundary with no rear facing windows for the bonus rooms, C. Strike condition#A.2b in Section VIII,which requires the street buffer and sidewalk along the east side of Centrepointe Way to be constructed with the first phase of development to allow it to be constructed with the third phase as proposed; d. Include a condition requiring the Developer to retain as many trees as possible along the southern boundary_(see modification to condition#A.3a). 5. Outstandingissue(s)for City Council: a. If Council determines that all existing trees on the site being removed should require mitigation in accord with UDC standards, even those removed by the property owner for firewood,condition#A.3a in Section VIII should be modified accordingly. Page 19 Meridian City Council Meeting Agenda July 28,2020— Page 48 of 247 D. The Meridian City Council heard these items on May 12,2020. At the public hearing.the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark b. In opposition: c. Commenting: Frank Marcos:Malissa Bernard: Sandi King:Ken Clifford: Laura Trairatnobhas: Mike Bernard: Doreen Mills: Allie Crane: Tim Fritzlev: Sherry Garev: Randy Spiwak: Patty Pitzer: Thomas Hunt: Justin Lucas.ACHD d. Written testimony: Many letters of testimony were submitted(see public record). e. Staff presentin"application: Sonya Allen f. Other Staff commenting on application: Joe Bongiomo:Warren Stewart 2. Key issue(s)of public testimony: a. Neighbors in Alpine Pointe Subdivision to the north request the following: Dashwood Pl. to be closed permanently as it was never meant to be extended and is designed as a cul-de-sac: single-level homes along north boundary:the identity of the Developer to be disclosed:not in favor of intensity of proposed R-40 zoning district: information on whether the proposed units will be owner occupied or rental units b. Would like the existing trees along the southern boundary of the site to be retained and the height of homes on Lots 16 and 17.Block 5 to be restricted to a single-story in hem C. Request for the Developer to perform a utility survey for existing faeffities, s ecjfically the Nourse Lateral: d. Request for a reduction in the number of lots along north boundary to six(61. e. Applicant requests restriction for sin le�story homes to be removed along west boundary(condition#lc)• f. Applicant requests condition M is modified to only require an emergency access via Dashwood Pl. 3. Key issue(s)of discussion by City Council: a. Transition in lot sizes/configuration along north boundary: b. Retention of existing trees in the triangle common area at the southwest corner of the site and along the south boundary if possible- e. Enrollment of area schools and impact on such by the proposed development: d. Discussion as to where jurisdiction of the City and land use and ACHD and transportation begins and ends: e. Removal of any connection to Dashwood Pl. except for emergency access or leave it open for interconnectivity: f. Requirement for mitigation of existing trees that are removed from the site. 4. City Council change(s)to Commission recommendation: a. City Council voted to deny the project due to their belief it is not in the best interest of the City to approve the project at this time due to connectivity reasons—they felt in order to solve the connectivity issues in this area. Centrepointe Way needs to be extended to Wainwright Dr. They determined there was no conditions of approval that could be placed on this project that would enable them to approve the project at this time. VII. EXHIBITS A n..pliean4 Pr-e-posed& Staff Re.,e ,.ende.l F„twe Land Use Maps Removed as an amendment to the FL UM is no longer necessary. Page 20 Meridian City Council Meeting Agenda July 28,2020— Page 49 of 247 Page 21 Meridian City Council Meeting Agenda July 28,2020— Page 50 of 247 B. Annexation&Zoning Legal Description and Exhibit Map REVISED Sawtooth Land Surveying, LLC �f ?030 S. 1Na5h+nc3ton Ave. Emmett, ID 63C 17 Delano Zoning R-8 Description BASIS OF BEARING for this description is South 89139'12"West, between the illegibie brass cap marking the E1/4 Corner of Section 32 and the 5/8"rebar PLS 4431 marking the C114 Corner of Section 32, both in T.4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829,Ada County Records, and a portion of the SE114 of Section 32,T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows, COMMENCING at the illegible brass cap marking the E1/4 Corner of said Section 32; Thence South 69°39'12"West, Coincident with the north line of said SE1f4 of Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Ares and the POINT OF BEGINNING; Thence South 0120'48"East, coincident with the west line of said Lot 1, a distance of 125.59 feet; Thence South 89"42'00"West, parallel with the south line of said Lot 3, a distance of 121.45 feet; Thence South 49130'18"West, 20.50 feet to the beginning of a non-tangent curve to the left; Thence 43.46 feet along the arc of said curve,with a radius of 50.00 feet, a central angle of 49148'18", subtended by a chord bearing North 65"23'51"West, 42.11 feet; Thence South 89042'00"West, parallel with said south line of Lot 3, a distance of 382.00 feet to the beginning of a tangent curve to the left; Thence 78.54 feet along the arc of said curve,with a radius of 50,00 feet, a central angle of 90100'00" subtended by a chord bearing South 44142'00"West, 70.71 feet; Thence South 00118'00"East, 372.09 feet; Thence South 89042'00"West, parallel with said south line of Lot 3, a distance of 109.27 feet to the beginning of a tangent curve to the right; Thence 14.35 feet along the arc of said curve,with a radius of 50.00 feet, a central angle of 16026 24", subtended by a chord bearing North 62004'48"West, 14.30 feet; Thence North 73°51'36"West, 18.22 feet to the westerly line of said Lot 3; Thence North 16°08'24"East, coincident with the common line of said Lots 3 and 4, Block 1,Jasmine Acres, 25.45 feet to the northernmost common corner of said Lots 3 and 4; ?:12018%18094-DELANO SUBDIVISION-CMG%SurveylE?rawingslt)escriptionsl18094 zoning r-8 desc-docx - 11 Page 22 Meridian City Council Meeting Agenda July 28,2020— Page 51 of 247 Thence North 1010'44"east,comeident with the east boundary line of said Lot 4, a distance of 511.15 to the northeast corner of said Lot 4, which is on said north Fine of the 5F114; Thence North 89°39`12"East, coincident with said north line of the 5E1f4, a distance of 727,70 feet to the POINT OF BEGINNING. The above described parcel contains 3.31 acres, more or less. 33 fry�F la�� BEAG�- RQ01 8NI 8094-DELANO SUB DIVISION-CMGISuavey%Drawings%Descriptions118094 zoning r-8 desc,docx 12 Page 23 Meridian City Council Meeting Agenda July 28,2020— Page 52 of 247 GF M W)l7T•� AT•i� �iF#�iTfQS� 9eYlriYb &3�rr qmL°F dOHp+G R 1 nsr r iH cmwm x I �G►4�4orJ JFYiYlA� ,IO NLO 6 Li3ri EU=J r x � Iww t I W;xraaer q .7 i 1 S. 11574 BOLL o�x .2QV& AVE fi 0 M7 JW91-a ''ff f9L1NDAfPY A&#!of+ } T.a fir..R. !f—,E.U.dSEA f 0e �8-81R5 t&� % 71 WWW-s+«s-aDM ;OF I Page 24 Meridian City Council Meeting Agenda July 28,2020— Page 53 of 247 Sawtooth Land 5urveyniq, LLC AA, 2030 5,Wa-cwl91 or,Avc. I nAA North West 51vd., F..<> >41 1'Avenue East '00! kmrmett,10 83b r T Coeur d'Aten�,Ip&381 4 Jeyrame,EQ 83338 P: (20b)3945•15!04 P:{zoay T14-4544 P;(?08)32Es.5303 F (208)398.8 05 F:(205)252-4453 F.(205)324-35F 1 R-15 Re-Zone Description BASIS OF BEARING for this description is South 89"39'12"West,from the illegible brass cap marking the E1/4 Corner of Section 32 and the 518"rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T.4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Black 1 of Jasmine Acres, as shown in book 59 of Plats, at Page 5829, Ada County Records, and a portion of the N112 of the 5112 of Section 32, T.4 N., R. 1 E., B.M.,Ada County, Idaho, more particularly described as follows, COMMENCING at the illegible brass cap marking the E1/4 Corner of said Seetion 32; Thence South 89039'12"West, coincident with the center of Section line of said Section 32, a distance of 102&20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres; Thence South 0"20'48"East, coincident with the west boundary line of said Lot 1, a distance of 12159 feet to the POINT OF BEGINNING; Thence continuing South 0'20'48"East,coincident with the west boundary line of said Lot 1, a distance of 221.24 feet to the northwest corner of said Lot 3; North 89"42'00"East, coincident with the north boundary line of said Lot 3, a distance or 43.10 feet; Thence South 0018'00"East, 316.85 feet to the south boundary line of said Lot 3, Thence South 89042'00"West, coincident with the south boundary line of said Lot 3, a distance of 684.43 feet; Thence North 481111'00"West, coincident with the south boundary line of said Lot 3, a distance of 154.02 feet to the southernmost common corner of rots 3 and 4 of said Jasmine Acres; Thence North 16108'24"East, coincident with the common boundary line of Lots 3 and 4, Block 1, Jasmine Acres, 25,45 feet; Thence South 73051'36" East, 18.21 feet to the beginning of a tangent curve to the left; Thence 14.35 feet along the arc of said curve, with a radius of 50.00 Feet, a central angle of 161126,24", subtended by a chord bearing South 82004'48"East, 14.30 feet; Thence North 89042'0©"East, parallel with said south boundary line, 109.27 feet; Thence North 0'18'00"West, 372.09 feet to the beginning of a tangent curve to the right; P:1201&18094-CELANO SUBDIVISION-CMGISurveylDrawings%Descrip#ions178094 R-15 RE-ZONE bESCRIPTION.docx 17 Page 25 Meridian City Council Meeting Agenda July 28,2020— Page 54 of 247 Thence 28.54 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 90000'00", subtended by a chord hearing North 441142'00"East, 70.71 Feet; Thence North 89042'gg"East, parallel with said south boundary line, 382,00 feet to the beginning of a tangent curve to the right; Thence 43.46 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 49148'18", subtended by a chard bearing South 65023'51 East, 42.11 feet, Thence North 49030'18"East, 20.50 feet; Thence North 89142'00" East, parallel with said south boundary line, 121,45 Feet to the POINT OF BEGINNING. The above described parcel contains 8.12 acres, more or less. G% 4 1 � 574 4l Of 1F BEAD' 7:12018116024-DELAND SUBDIVISION-CMG4SurveyrtE)rawings%Dascripti❑ns118094 R-15 RE-ZONE 7ESCRIPTION.docx 12 Page 26 Meridian City Council Meeting Agenda July 28,2020— Page 55 of 247 sr u a riwW f �12 M � y �a—]F17fMt O��R1110 �Y4tr�Yi I } it a� r R-15 yy I � 0.l7 Ar- 4 ."POf NID e FOE14 fl b * gar x tax i e xifuufch_ — N IISg .aye yar Mrs awr*ur IqL PAtlRCI flHrii9�+bf4 +EfL- ,�=S WASiNTACTONAYE. hM I DELANGZC11 M R-15 tM 8IXL GG lookEFi 836�T 1$G90f BOUA aARY SE�l�SM!�C P.-(200 zaa 9 -ei 04 F1121901 , oe age��as 1a AGA COONTY.DAHO �T .' osrr. AR m1 g:'.,� 1LG IVWIV_gkWOOTHLc C0M J OF I Page 27 Meridian City Council Meeting Agenda July 28,2020- Page 56 of 247 5awtooth Land Surveying, LLC 7--030 5. Washington Ave. 0,44 IJcrthwest 131,d., 5tc. G ;4 1 1"Avenue East rmmett. 10,531-17 Coeur d'Alene. ID 838 i 4 Jer(,me, ,p"3338 I ' F: ;208)396 8 i 04 P: (208)7 1 A 45,14 P:(208)329-5303 F: (208)39.5-5105 F: ;208}292-4453 F: (2aS)32A-382 R-40 Re-Zone Description BASIS OF BEARING for this description is South 89039'12"West, from the illegible brass cap marking the E1/4 Corner of Section 32 and the 5/8"rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T. 4 N., R. 1 E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829, Ada County Records, located in the NE1/4 of the SE1/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SEI/4 of Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres; Thence South 0"20'48"East, coincident with the west boundary line of said Lot 1, a distance of 346.83 feet to the northwest comer of said Lot 3; Thence North 89"42'00" East, coincident with the north boundary line of said Lot 3, a distance of 43.10 feet to the POINT OF BEGINNING; Thence continuing, North 89"42'00" East, coincident with said north boundary line of Lot 3, a distance of 521.16 feet to the northeast corner of said Lot 3; Thence South 0001'00"East, coincident with the east boundary line of said Lot 3, a distance of 316.85 feet to the southeast comer of said Lot 3; Thence South 89042'40"West, coincident with the south boundary line of said Lot 3, a distance of 519.60 feet; Thence North 00018'00"West, 316.85 feet to the POINT OF BEGINNING. The above described parcel contains 3.79 acres, more or less. d IS r574 OF ln�� BEAOV P!12018118094-DELANO SUBDI VISION-CMGISurveylDrawingMDescriptions118094 R-40 RE-ZONE ❑ESCRIPTION.docx 11 Page 28 Meridian City Council Meeting Agenda July 28,2020— Page 57 of 247 M-38tx impm?Y L4 _ C{A fil1YM! F lQf L ipm I apffpdrAcm 2ae TygE Lt nawTr v�.�r— z 8 I� r ♦ [qr 3 RQQ l E-LUFM 0 I sm A2 HTS k BOLL COOK iNm mi t '4�Q r o r r rr .r�c e1 Floomm -F a COUNTY. DAHO zaaa �J, WWW.5AWTMn M.COM !OF 1 Page 29 Meridian City Council Meeting Agenda July 28,2020— Page 58 of 247 C. Preliminary Plat(date: 2/ 4�n 3/12/2020)&Phasing Plan REVISED 1' tw _ IA I■ao k WNW powme NbRK�W Lw �[1"@X IM■IR QM�fJ 1ECX+1J -__ �s w •• _ N Ti 4 ; R i ■0 ' 6■W RW' I r. ■ s JJI Jj n Page 30 Meridian City Council Meeting Agenda July 28,2020— Page 59 of 247 D. Landscape Plan(date: 2/'�T3/14/2020) REVISED WAWA%. PM -"F= -a� R . u Wiff Iice` r-�-"-�..-�:� �-•�. ,5r:-_-rt -� � ,Win L LU V,M&WE kl�T[=- PLANr i—amre 4'J@RZ'►a• y ^7't -• -� al L'.ti"'�?.R•M*tlh`i`-d 'l..r.+ •.= •..•••.• =."f o Ire I III i. 11,lint 11-1 R%I IP + ,;},.•. .y 1st Ip 1 - 14t,✓it 1 +!'-"' h!Y.-•�:.F+«M:".1.•�`.+• � L'dr"LFJl IvLm ML` LAbPWAM WO • 4 � m•� � xati+curs k •+.1 � + fJ �n'r � Page 31 Meridian City Council Meeting Agenda July 28,2020— Page 60 of 247 E. Possible Conceptual Development Plan for Parcel to the North ------------------------ k � 1 I 1 { fff / Possible Future Development Pattern f I Page 32 Meridian City Council Meeting Agenda July 28,2020— Page 61 of 247 F. Qualified Open Space Exhibit& Site Amenities REVISED i i i i 1.17 acres of qualified openurTm+ space without crossed out area 1kHMWn LAMA-:,I.ai OfAls �]-iM7MG OPlM 3NL2�s�.]i�d!!118.E Note: The crossed out area does not count toward the minimum qualified open space standards because it isn't accessible at the west end,per UDC 11-3G-3B.le. Page 33 Meridian City Council Meeting Agenda July 28,2020— Page 62 of 247 PROJECT AMENITIES As the developer we have researched and interviewed potential homeowners and followed the city ordinance to plan the most productive amenities for this area and this development. The amenity package exceeds the requirement of Meridian City Code. Meridian City Code requires that the application provide one amenity for projects up to 20 acres.We are proposing five additional amenities for a total of six, including a neighborhood park with a shade structure, a play structure,seating area, climbing boulders,climbing dome and a pedestrian pathway.We are proposing a second open space lot on the southwest corner of the development. This lot will help to buffer the existing home in the Champion Park Subdivision and will include several amenities including public art and a seating area. Proposed Amenities: Large 2/3-Acre Neighborhood Park-The large park will contain the following recreation facilities: Shade Structure Play structure 1_ -x V" Seating areas with benches ~— Climbing Dome Climbing Boulders Public Art I !� �iI, �archWrz F �F GLIf•HiN 60ULOEZri,z IL ir �vpti . •F��n 4 Page 34 Meridian City Council Meeting Agenda July 28,2020— Page 63 of 247 G. Conceptual Building Elevations(Single-Family^Detached and Multi-Family Apartments)REVISED PROPOSED HOME ELEVATIONS AND HOUSING STYLES s - s. i ,ti f r '• f.t r' f } x x, r - jai I 13 ry It �■ - Page 35 Meridian City Council Meeting Agenda July 28,2020— Page 64 of 247 '�' a • IN k J i= N. y_ .f- Ym mum Now Env mm r r _ - Page 36 Meridian City Council Meeting Agenda July 28,2020— Page 65 of 247 ■rf i Meridian City Council Meeting Agenda July 28,2020— Page 66 of 247 H. Parking Exhibit REVISED Alf 58 parking spaces DWI _ z - 3urr; 3 m w PLAN sw r� L� Page 38 Meridian City Council Meeting Agenda July 28,2020— Page 67 of 247 I. Site Plan _IT.T--F t7. r . -- • I F.. lp 13LLAW*ANVIISLM NE LRYVJ' VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. A Development Agfeement (PA) is required as a pr-ovision of annexation of this pfopeft�- Prior-to appr-oval of the annexation A. PLANNING DIIRSION adoption,a DA shall be entered if4o between the City o Mer-idian,the pr-opeFt-y oNN%ef:(s) at the time of annexation or-dinanee a-ad the developer, Guffen4y, a fee of$303.00 shall be paid by the Appheant to the Planning Divisi prior-to eoffffneneement of the PA. The PA shall be the pr-opefty owner- and r-etumed to the Plafming Division withift six(6)months of the City Couneil a. „tale development of this site shall be generally, ;.,+en4 with the plat,phasing plan, Page 39 Meridian City Council Meeting Agenda July 28,2020— Page 68 of 247 development prior-to application for-Geftifieate nplianee and Desi e. All fymlti family stndet+wes shall eemplywith the design sta+idar-ds listed in Certifieate of Zoning Complianee shall be submitted and approved for all d. Single family homes along the lest•,�efimeter-b tifi 1.,-ies .)f the development shall be r-estrieted to a single story in height as proposed by the Developer, Hemes q4eng the yyest boundafyare alxnwe to ha c a bonccsivmix but ne r-e—faeiaR windows shall be allowed for-the bE)P,,Us r-E)E) erne rear and/or side of 2 story strue dr" on Tots 4 12, BloeL 1 and Lot z Bloek 5rih faee N. Gentrepointe Way shall ineor-por-ate artieulation through ehanges in two or more of the following: me"14ien(e.g. er-eeesses, step baeks,pop OtIts),bays, ebaleenies,material types, this requt fl. The eenstfuetion of N. Gentr-epointe Way from the sou*em boundary to the neAhefa boundary of the annexation area(stub to Weag par-eel#R4 582530100) shall eeeuf wit the first phase of development. The egi*w6ea ef Paskwood Ave. to the ei street to the nefth(Dasl+woed A.) is "ivr'ccr-a$--crccrixpvi�ai-9,eixcrgcney iccccsi-cciicr odest,is , e t; , .ft;l rot ,.te Wa-v is xteade,l t 3AI 4+.:r >,t Dr- or- ;t>„n Tcr Crv)�,xccrrr,wrricneveTvccars first. When ccircrcvoiirccWay iTcircciiuccrce g. The R 8 and R 15 zoned property totaling 11.3*4 aefes shall provide a minimum of 1.13 aer-es and the R 40 zoned pr-opefty totaling 3.64=/ aefes shall pf:evide a minimum of 0.36 of an aer-e (in addition to the open spaee required in UDG 11 4 3 27C for multi famil PF-O.ei-t... b s„ ffl ., «,teal eopy f the 0 Planning Division to � t o e t t the Pl signattffe on the final plat by the City Engineer, j. No building pei:fnits shall be issued on this site until the tmder4ying property is reeer-ded f l plat the City Couneff hearing as followsl a. Depiet an easement for-the Noufse Later-al along the fiw4h belandafy E)f the site. if the easement is 10 feet or 2. The pr-efimina"plat ineluded in Seetion VILB,shall be revised at kedst 10 days prio 20 feet wide and otAside of a feneed area tmiess modified by Gity Gotmeil as set fefth in b. The stfeet buffef:a-ad minimum 5 feetwide detaehed sidewalk OR the east side of N. Gentrepointe Way shall be ifieltided in the first phase(instead of the thifd phase)o develepmen4;the phase betmdaf:y shall be adjusted aeeofding!�-. Page 40 Meridian City Council Meeting Agenda July 28,2020— Page 69 of 247 3. The landscape plan included in Section AIII.0 shall be revised at least 10 days prior to the City Couneil hearing as followsl a. Inelude mitigation infefmation E)a the-plan for-any existing tfeeS OR the site that afe HE)t removed by the residefAial prop er-ty owner-for-fif L-Q,;.*A8 A-d-i-;-;--Ae,evefd with the standards listed in UPC; 11 3B 1 OG.5. As ma-ay e*istinR tfees as possible aleaR the settthem- 1..,,,ndaff,.f the site shall be -et iae e 4 mite b. inelude the finear feet of parkways and the r-equir-edvs. proposed number of trees in the Landseape Caloulations table demonstrating eomplianee with the standards in UPC= 11 3 A 17 na,l 11 3B 7r e. Inelude the linear feet of street buff-efs and the requiredvs. proposed ntmiber of trees i the Landseape Galeulations table demonst-Fating eomplianee with the standards in UPC 1 1�G. d. Depiet trees and-shfubs ift the fniaifymm 20 feet wide street btif-fer-s along N, Eentrepoint€ y in risewith the standards to if UDC 1 3B-7G. 4. The 50 feet wide private street easement(i.e. jasmine Lane) shall be relinquished wher- er-esses the subjeet pr-opef+y. Proof of r-elin"ishment shall be s4miRed to the Planning Division prior-to signatufe an the final plat by the Ci4y Engineer. 5. Net4h Dashweed Ph shall be extended as a full aeeess street into the site with the first ph of deve.1'epmen4 in aeee T'VPZ41�.T TAT UDG 11 'J'A 3. 6. Loeal street weess (or-a driveway with a er-ess aeeess easemefft) shall be provided to the 11 3A 3A.3. The Appliean4 should eeefdinate with the developer-E)f that pr-opet4y on a easement shall be submitted to the Pluming Division prior-to sigmatwe an the final pla4 b the City Engineer-for-the phase i whieh it is leeate (third phase). 7. For-lots aeeessed by eeffffnea driveways, an exhibit shall be submitted with the final plat and stFuetffes. Dr-iveways for-abutting pr-opefties that aren't tak4fig aeoess ffem the eommen dr-iveway(s) shall be depieted on the opposite side of the shared property line away fr-om the 8. Provide address signage for-homes weessed by the eemmen driveways on Lot 5,Bleek be submitted to the Planning Di-Asion prior-to signature on the final plat by the Ci 10. All existing stfuetufes on the site shall be r-emeved prior-to City Eagineef sigftaPdfe 00 the fifiM plat phase in w-hieh they are leeated, Page 41 Meridian City Council Meeting Agenda July 28,2020— Page 70 of 247 11. Pafk4ng is r-estfieted to Emly ene side E)f the 27 feet wide stfeet seetiefis; signage shall be provided. 1. Site Speeffie Conditions of Approval i4 A stfeet light plan will need to be ineltided in the final plat appliea4ioa. St+eet light plan eats are listed; eeti,,, 6 7 of the City's Design Sta-a Lads A eepy of the i.2 The f l9llowiag proposed manholes have less than 3'ofeevez 3,A 4,A 5z-z—and these shallow areas,but the pla*s do not note the use of them. if the par-eel to minifymm slope in N. GefAfepoif4e Way to the not4h botindafy line. 1.3 Eaeh phase ffmst be modeled to ensure adequate fire Raw. ffmiti family pot4ion of the development will be pr-E)vided aeeor-ding to how annex4ion pr-eeeeds. Mer-idian will prwvide water-in Mer-idian, and SUEZ will pr-evide water-in Boise. if the area being eonsider-ed fef inelusion is to be served by the City of Public Works has previously diseussed with the applieant the possibility ef using grinder the 124lie Wofks Depat4m&4 would like to have a eompleted wa4er-maiH loop Rofth tO the existing water-main in E. Wainwr-ight Dr-ive. The pufpase of this loop is not for-fiew eoneems ad end mainh 2. General Conditions of Approval Depaftment, a-ad exeeute standard fofms E)f easements for-any mains thm am r-e"ifed to provide ser-viee outside of a p4he right of way. Minimum eover-ever-seweF mains is thfee feet, if eover-f+om top of pipe to sub gr-ade is less than thfee feet tha-a a4emate Standard Speeifiemions, 2.2 Per-Mer-idian City Code(NIGG),the appheant shall be responsible to install sewer-a t;eF mains to a-ad through this development. Applieaa4may be eligible be 20 feet wide foF a single titilivy, or-30 feet w4de for-two. The easements sha4l not be dedieeAed via the plat,btA rather-dedieated outside the pI4 pr-eeess using the City of 2.3 The appheant shall provide easement(s) for-all publie water4sewer-maills outside of w-hieh must inelude the area of the easement(marked EXHIBIT A) a-ad an 8 1/2"x 11" map with bear-ings and distanees(mafked EX141BIT B) for-r-eview. Both exhibits must sealed, signed a-ad dated by a Professional Land Stnweyon DO NOT RECORD. Add a note to the plat r-efer-efteing this doetimefft. All easements must be stibmitted,reviewed,- and appFoved prior-to development plan approval.- Page 42 Meridian City Council Meeting Agenda July 28,2020— Page 71 of 247 2.4 The Gity of Meridian Fe"ir-es that pFessdfized iFFigation systems be supplied by a yeaf round soufee of water-(A�z 1 2- 3 8.3). The app eant si6ui-cd be requifed t,6uS@-any existing suffitee -11 -ate. for-the pr-imafy sour-ee. if a stir-face or-well sour-ee is available, a single point eonneetion to the eiiiinafy�water-system shall be I:eqtfir-ed. if a assessments f0f the 60innion areas to r-eeeiving development plan appFoval. Anal plat by the Gity Engineer. Any stndettwes that afe allowed to r-emain shall be subjeet to evaltiation and possible reassignment Of StFeet aEIEIFeSSiHg tO be in COmplianee with MCC. be addr- I T rcr"DG 11-11 3A 6. 111 PeFfOFfflifig stich work, the—applicant h 11 co ,its. T,l l ! 10 nI 1207 and any the ..1:,.able laor- „lati.. 2.7 Any e*isting domestie well system within this pfojeet shall be Femoved f+om domestie 2.8 Any systems within this project shall be r-emoved from seirviee pef City pfoeedttf-s and: eet: ns (208)375 521 1 this subdivision shall be Feeer-ded,pfief to applying fef building permits. aetivated,road base appFeved by the Ada Getinty Highway Distfiet and the Final Plat for- will be r-equifed f6f all uncompleted feneing, landseaping, amenities, • • 2.11 All impr-avements related to publie life, safety and health shall be eompleted prior to oeetipaney E)f the sti:uettif es. Wher-e appr-Ewed by the City Engineer-, an owner-maj,post-a the final plat as set feet, :rrrrrvDri-C 3B. 2.12 Appheant shall be requir-ed to pay P4he Wer-ks development plan review, an issuanee of., plan ., ,a letter. 2.13 it shall be the r-esponsibility of the appheant to enstir-e that all development featwes eemply with the A meta..ems with Disabilities A et and the Fair-TI.,, sin A et j2pr_��Rifig that may be r-equired by the Afmy Ger-ps of Engine 2.15 Developer-shall eaer-dinate mailbox loeations with the Mer-idian-Post 0 2.116 All ,.-.,.1:, g of the site shall be peffefimec'li-'ixn eonfefinanee with MGG 11 12 314. building pads feeeiving engineefed baeldill,where footing would sit atop fill • Page 43 Meridian City Council Meeting Agenda July 28,2020— Page 72 of 247 2.18 The deSigH efigifleer-Shall be Fe"ir-ed to m4ify that the street eenter-lifie elevations are set a minimum of 3 feet above the highest established peak groundwater-elevation. This is to ensufe that the bottom elevation of the or-awl spaces of homes is at least 1 foot above. distriet or-AGHD. The design engineer-shall provide eeFtifieation that the facilities have 2.20 At the completion of the pfoject, the applicant shall be responsible to submit record dFawings PeF the City of Meridian AutoCAD standar-cls. These FeCor-d dFawings must be Sh-dOtUfeS within the pfejecC 2.21 A StFeet light plan will need to be included in the eivil constfuction plans. Street light Lighting. A eopy of the standaMs ean be found at http�-v'Tr"vTrw.fnefidianeity.Ofg—dV6ricscrsp —272. amo-ant of 2.22 The City of Mefidian FequiFeS that the owner-post to the City a PeFfOfma..-, estimate pr-ovided by the ow-nef to the City. The sufety ean be posted in the foFm of an amo-ant of itiftastFuetwe..... to final plat signature. This sufety will be ver-ified by a line item e0st inftastFuetuf e foF dur-ation of two years. This sufety will be vefified by a line item e0st fflitaet Lafld TloWIE).fflefit C`o,-N46e f;.F+HE)FO ififOHRatiffll at 997 2211. C. FIRE DEp♦RT-mE TT v, ;a;,,, e; ai�eira r r;, viu,aifwe.as-ff ?;a—184561&ar.;a—n&, —r[e4d;mC4 Y D. POLICE DEP,kRT-mENT 184570&ar.;a—O& —r[e4d;,iiQ4 E. Ern 4A4U rimy A ♦NNiNG A ssoei♦TioN 9r. CouT-it i]r.sT-104.110(COMPASS) SS) F. N Tiro A A F iTi A A 1RR4G A T-I9 DISTRICT Page 44 Meridian City Council Meeting Agenda July 28,2020— Page 73 of 247 G. SETTLER'S!RMGATION DIST-P4CT • ^'"SS-r-rcoacrcico»vcrcc-vo:-cc3�.:3:cc�r-o:5-v4-vcccca »9444 bid—n&, —n,r,,,;a;,,,,.0 K. A )♦ G0114N:F*uT!'.mA ♦v 7lramn CT!A Cull\ ���rrD�ra�zzQ�r-�i-rczrn7 482258A_ rr;,r—/l L. f i.,e in , ridi,.nei /Car Li k/b,,.,,...,. —1 u4571 v v at a—0 v. —rk,,;a;,,,,, IX. FINDINGS A. COMPFehensive Plan Map Amendment Upon feeemmendation from the Commission, the Gotmeil shall make a full kwestig the Comprehensive Plan-,+he Getineil shall make the following findings: Page 45 Meridian City Council Meeting Agenda July 28,2020- Page 74 of 247 2. The pr-epesed amendment provides an impr-Ewed guide to fittur-e growth and development 9 may. 3. The pr-eposed amendment is ipAer-nally eeasistefi4 with the Goals, Objectives and Polieies of the Comprehfflsive Plan. 4. The'proposed-amendment isTGeZ„IsiJCGiiC with rthe Unified rDevelopment Code. Ae Gonintissionfind-s that the proposed amendment is eonsis�nt with the U-noe 5. The amendment will be compatible with existing and planned stwFounding land uses. sei�viee eapabilities in this.Portion of the ei,,�,. Sewer and water serWees ai-e a+wilable to be e�oended to this site. the area. 8. The pFeposed amendment is in the best ipAer-est of the City of Mefidian. the prepes-ed aniewhnent is in the best interest ef Me 00,if Me par-eel te the nepth is.alse B. 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: Page 46 Meridian City Council Meeting Agenda July 28,2020— Page 75 of 247 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposal to annex and develop the subject property with R-8, R-I S and R-40 zoning is consistent with the MDR and MU-R FLUMdesignations; however, it's not consistent with connectivity goals and policies in the Comprehensive Plan (e.g. #3.03.03C). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development is consistent with the purpose statement of the residential districts in that it would contribute to the 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; The City Council finds the proposed map amendment and subsequent development would be detrimental to the public and adjacent residents if Centrepointe Way isn't extended to Wainwright Dr.prior to development of this property and the extension of Dashwood Pl. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds that City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.J, that currently show student enrollment is below capacity for the elementary school and within the capacity for the middle school and high school once Owyhee High School is opened; the City Council finds the proposed map amendment would not result in an adverse impact on the school district. 5. The annexation(as applicable) is in the best interest of city. The City Council finds the proposed annexation and development is not in the best interest of the City at this time due to Centrepointe Way, a collector street, not being extended to Wainwright Dr. C. Preliminary Plat(UDC 11-613-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC; however, it is not in conformance with the Comprehensive Plan due to connectivity reasons if Centrepointe Way is not extended to Wainwright Dr.prior to development of this property. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and are adequate to accommodate the proposed development. Page 47 Meridian City Council Meeting Agenda July 28,2020— Page 76 of 247 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development would be detrimental to the public safety and general welfare if this property develops prior to the extension of Centrepointe Way to Wainwright Dr. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that would need to be preserved with this development. shall detefFnifte the feflewiftg- ?. Sir-iet a&efefiee 9r appliea4ioa efthe requi-ements are not feasible; or- ftasible. requirements; and meeting the requirements in UDG 11 3G-3�. 3. The altemative means will not be mater-ially detr-ifnefftal to the publie welfafe or-impair-the pi-oper4ies and will aetuaI4,be a benefit to the Igubhe wekai-e by Providing a buff-el,beAweff Page 48 Meridian City Council Meeting Agenda July 28,2020— Page 77 of 247 Delano Applicant Presentation 1 2 and sewer loopscompletes City water Infill development that •shoppingproximity to Close•transportation corridorsNear major•:Project Highlights Changes in New Plan 3 Alpine Pointe)Park expanded (and still faces •oriented-Internal lots re•story limit-retained singleNorth boundary lots reduced; •Way/Jasmine St.Centrepoint•(22% reduction)Reduction from 85 to 66 lots • 4 DashwoodWay (approximate)CentrepointeFuture R.O.W.CentrepointExisting ACHD 5 is completedCentrepointuntil Ave.) & held DashwoodplusNew Phase 4 created (7 lots Phase 1Dashwood Ave. withonly access at -Emergency4” Solution“Phase 6 at completioncapacityJust over half •WayCentrepointe Street Capacity 7 or Ustick RoadMultiple options to access Eagle Road •single transportation corridorNot a question of a single choice or a •connecitonsmultiple Area is already quite porous with •Connected Area 8 exists and uses the existing, developed roadway network.No identified traffic issues in the meantime. The Brickyard already •Way is connected to Wainwright Ave.CentrepointNo longer any possibility of Dashwood Ave. opening before •tools and strategiesA solution that puts all control in the City’s hands using standard City •SummaryPhase 4 Solution: 9 10 Brickyard 11 215 apartments•30 units per acre-Built at 22•40 -Zoned R•South of Cook Property 12 Stellar Senior Living 13 Summary 14 Phasing Plan Solves Concerns and Places Control in City’s Hands•Modifications Made to Satisfy Neighborhood•Infill Development = City of Meridian Priority•PlanIn Accord with Comprehensive • Requested Modifications to 15 Way is connected to Wainwright Dr. Centrepointetime as and (ii) Dashwood Ave. not be opened as more than emergency access until such ) Phase 4 not be allowed to be part of a final plat, iAdopt Applicant’s proposed phasing plan and require, as a condition of the •Modify Condition 1.f, as follows:•Conditions of Approval 16 Actions Since Prior CC Meeting orient internal lots-Re◦40 area-family/R-access to future multi-Cross◦DashwoodEmergency connection only at ◦Reduce density on north ◦Reduce density overall◦Board Priorities:◦December 2019 Pointe HOA Board in Two Meetings with Alpine ◦New Applicant Group◦17 18 Original and New Plan Comparison REQUIREDFUTURE CUP 19 468-Mountain View High School •625–Star Elementary •1917–Owyhee High School •625-Pleasant View Elementary•ConstructionSchool Capacity Under New 2019Capacity West Ada School 20 SchoolsWest Ada Comprehensive Plan 21 immediately to the southCorresponds to designation •City planningMost closely matches prior Boise •Recently adopted by Meridian•Regional-Mixed Use•Medium Density• 22 Boise City Approval 23 the east (already provided)connectivity to property to Boise recommended •better served in MeridianBoise agreed this property is •Hearing on October 8, 2019•Modification of Area of Impact 24 Example Home 25 Elevations Neighborhood 26 Public art•Climbing boulders•Climbing dome•Seating area w/ benches•Play structure•acre park-2/3•Six proposed:•One required •Amenities Dashwood Stub Connection 27 stub and ACHD ROW at DashwoodexistingThere is an •Meridian and ACHD require connectivity• 28 29 Brickyard Development Public Presentation Patty Pitzer �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.D. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Hill's Century Farm North (H-2020-0080) by Kody Daffer, Brighton Development, Inc., Generally Located South of E.Amity Rd. and East of S. Eagle Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATT ;Report ENTS: 7 A Staff Staff Report 7/23/2020 REVIEWERS: Department Reviewer Action Clerk. Weatherly,Adrienne Approved 7/23/2020 - 12:45 PM Meridian City Council Meeting Agenda July 28,2020— Page 78 of 247 PUBLIC HEARING SIGN IN SHEET DATE: July 28, 2020 ITEM # ON AGENDA: 6D PROJECT NAME: Hills Century Farm North PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 STAFF REPORT lc� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 legend DATE: Project Lacfl-fior TO: Mayor&City Council LJ FROM: Sonya Allen,Associate Planner 208-884-5533 1 SUBJECT: H-2020-0080 x i Hill's Century Farm North-MDA LOCATION: South of E. Amity Rd. &east of S. Eagle ti Rd., in the NW 1/4 of Section 33, Township 3N.,Range 1 E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #2020-059662—provision#5.1 g)to allow building permits for the commercial portion of the development to be issued prior to subdivision of the property. II. SUMMARY OF REPORT A. Applicant: Kody Daffer, Brighton Development 2929 W.Navigator Rd.,ID 83642 B. Owner: Martin L. Hill—3675 E. Amity Rd.,Meridian, ID 83642 C. Representative: Kody Daffer, Brighton Development 2929 W.Navigator Rd., ID 83642 III. STAFF ANALYSIS The Applicant proposes to amend provision#5.1g in the existing Development Agreement(DA)(Inst. #2020-059662),to allow for building permits to be issued in the commercial portion of the development prior to subdivision of the property as currently required. The existing provision reads,"The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill's Century Farm North community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30,2019." Page 1 Meridian City Council Meeting Agenda July 28,2020— Page 79 of 247 The Applicant proposes the following change: "The residential portions of the annexation area shall be subdivided prior to issuance of off building permits beyond those required for the development of commercial uses, including but not limited to , a wireless communication facility,the assisted living facility, m^ai^^' ^'i44i^, and the Hill's Century Farm North self-service storage facility and the community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30,2019." Because commercial property is not typically required to be subdivided prior to issuance of building permits, Staff recommends the existing provision is stricken and alternate language is provided instead that would simplify the requirements for subdivision of the property,which Staff believes meets the Applicant's intended purpose, as follows: "The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised conceptual development plan dated October 30,2019;building permits)for the community center complex may be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits." IV. DECISION A. Staff: Staff recommends approval of a modification to the DA as recommended by Staff in Section V. V. EXHIBITS A. Development Agreement Provision#5.1g: Existing: "The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school,YMCA and park site,a wireless communication facility,the assisted living facility,medical clinic,and the Hill's Century Farm North community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019." Applicant's Proposed Change: "The residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of commercial uses, including but not limited to tLe sehoowraG A ^ad pafk site, a wireless communication facility,the assisted living facility, meth^ ' ^'ini^, and the Hill's Century Farm North self-service storage fa�cili , and the community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30,2019." Staff s Recommended Change: "The annexation area shall be subdivided prior-to issuanee of any building pei:fflits beyond Fequir-ed for-the development of the sehool,)�MGA and pa+k site, a wireless eammianication faeility,the assisted living >medieal elinie, Oet bee-30 2019." "The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised conceptual development plan dated October 30,2019;building permit(s)for the community center complex may be issued prior to subdivision of the property. Page 2 Meridian City Council Meeting Agenda July 28,2020— Page 80 of 247 Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits." Page 3 Meridian City Council Meeting Agenda July 28,2020— Page 81 of 247 James Phillips Hill’s Century Farm Presentation Hill's Century Farm North MDA July 28, 2020 Public Hearing Commercial Uses in South East Meridian)serving -(A Case For More Neighborhood New Residential Units, Density per Square Mile, 2019 https://www.compassidaho.org/documents/prodserv/demo/2019_DMR.pdf Ada County Assessor Map (Century Farms & Hillsdale Creek) http://www.adacountyassessor.org/adamaps/~850 Residential Lots Mobility Management MobilityManagementDevelopmentGuidebook_finalstandard.pdfhttps://www.compassidaho.org/documents/prodserv/reports/Reduces need for automobile travelpromotes walking and biking.Has direct impact on transportation choicesthe essential needs of independent living An effective land use strategy for improving transportation and accessibility to meet Mixed Use Development– Mixed Use Neighborhood (MU N-MU-https://meridiancity.org/planning/cutsheets/LU shops, drug storescream shops, dry cleaner/laundromat, salons/spas, daycares, gift -coffee / sandwich/iceSample UsesEmployment opportunities for those living in the neighborhoodGoods or services that people need regularlyserving uses and dwellings are seamlessly integrated into the urban fabric-Neighborhoo dresidential services-Primarily residential with supporting nonDescriptionN) Cutsheet - Google Map Results Coffee Shops– Google Map Results Salons– Google Map Results Sandwich Shops– Google Map Results cream Shops-Ice– Google Map Results cleaners-Laundromats / Dry– Google Map Results Daycares– Google Map Results Gift Shops– Google Map Results Restaurants– Google Map Results Drug Stores– New Building Permits by Area of Impact, 2019 https://www.compassidaho.org/documents/prodserv/demo/2019_DMR.pdf Future Land Use Map (FLUM)FLUM.pdf-https://meridiancity.org/planning/files/compplan/Adopted Are storage units the community?Designation for the South East Meridian Use -use of the Mixedbest Google Map Results Storage Units– �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.E. Presenter: Estimated Time for Presentation: Title of Item - Public Hearing for Quartet Northeast(H-2020-0017) by Brighton Development, Inc., Located at 4020 &4340 N. Black Cat Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: Commission Recommendations and Staff Report Staff Report 7/17/2020 Planning and Zoning Minutes Minutes 7/15/2020 REVIEWERS: t Clerk. Weatherly,Adrienne Approved 7/17/2020 - 3:10 PM Meridian City Council Meeting Agenda July 28,2020— Page 82 of 247 PUBLIC HEARING SIGN IN SHEET DATE: July 28, 2020 ITEM # ON AGENDA: 6E� 1' PROJECT NAME: Quartet Northeast Co U+" eV�- PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 2 3 4 5 6 8 9 10 11 12 13 14 15 STAFF REPORT lc� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 legend DATE: ��Project Lacfl�iar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner i 208-884-5533 SUBJECT: H-2020-0017 Quartet Northeast H-2020-0018 Quartet Southeast LOCATION: 4020&4340 N. Black Cat Rd. [Parcels: #S0434233652; SO434244210; 50434233920; S0434325860 (partial), in the west 1/4 of Section 34,TAN.,RAW.] - 1 I. PROJECT DESCRIPTION Quartet Northeast(NE): Annexation of a total of 68.73 acres of land with R-8 (48.42 acres) and C-G(20.31 acres); and Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. Quartet Southeast(SE): Annexation of a total of 22.26 acres of land with an R-8 zoning district,by Brighton Development,Inc.; and Preliminary plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district.Note:A property boundary adjustment application is currently in process with Ada County that will reconfigure the boundary of this property consistent with the Record of Survey(ROS) shown in Section VIII.A; the Applicant anticipates this application will be approved and the ROS recorded prior to the City Council hearing. Therefore, the annexation andplat boundaries are based on the boundary shown on the ROS and not the current parcel configuration shown on the maps included in this report. Because NMID owns the land where the Five Mile Creek is located which lies between the two properties proposed for development and does not wish for their land to be included in the subdivision, two (2)separate preliminary plat applications are required. Because the site is being developed as one overall property, one staff report has been prepared for both projects which includes analysis for each individual plat as well as for the overall development. The overall annexation area includes the Five Mile Creek as zoning goes to the centerline of waterways. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 66.52(NE)+ 19.92(SE)=86.44 acres(overall) Existing/Proposed Zoning RUT in Ada County(existing);R-8 and C-G(proposed) Pagel Meridian City Council Meeting Agenda July 28,2020— Page 83 of 247 Description Details I Page Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)(50+/-acres)&Mixed Use—Non-Residential(MU-NR)(41+/-acres) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family residential(SFR),commercial Lots(#and type;bldg./common) 186 residential buildable lots; 1 commercial buildable lot;29 common lots; and 2 other lots for shared driveways Phasing Plan(#of phases) 3 phases(overall between both subdivision) Number of Residential Units(type 186 detached SFR homes of units) Density(gross&net) NE:2.93 units/acre(gross);4.73 units/acre(net) SE:2.51 units/acre(gross);4.86 units/acre(net) NE&SE(overall): 2.8 units/acre(gross);4.76 units/acre(net) Open Space(acres,total NE: 7.6 acres [%]/buffer/qualified) SE: 3.4 acres NE&SE(overall): 11 acres(or 13%) Amenities Swimming pool,multi-use pathways,an additional 2.36+acres qualified open space beyond the minimum required and a tot lot with children's play equipment. Physical Features(waterways, Land containing the Five Mile Creek bisects the two(2)preliminary plats;a hazards,flood plain,hillside) portion of the site is within the floodplain in an approximate(A)zone. The Creason Lateral runs along the eastern portion of the north boundary of Quartet Northeast subdivision. Neighborhood meeting date;#of 1/21/20;9 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study(yes/no) Yes Access Two(2)accesses(Bell Tower Dr.,a local street&San Remo St.,a collector street) (Arterial/Collectors/State are proposed via N.Black Cat Rd.,an arterial street. Hwy/Local)(Existing and Black Cat Rd.is currently improved with 2-travel lanes and no curb,gutter or Proposed) sidewalk abutting the site.There is 50-70'of ROW for Black Cat Rd. (17-20' from centerline). Traffic Level of Service Better than"D"(Acceptable level of service is"E") Stub (1)collector and(1)local stub street is proposed to the north and(1)local stub Street/Interconnectivity/Cross street is proposed to the south to adjacent properties for future extension as Access depicted on the plat. Existing Road Network There are no existing streets within the site and no stub streets to the site;N.Black Cat Rd. exists along the west boundary of the site Existing Arterial Sidewalks/ There is no existing sidewalk or buffer along N.Black Cat Rd. ' Buffers Page 2 Meridian City Council Meeting Agenda July 28,2020— Page 84 of 247 Description Details Page Proposed Road Capital ImprGvmne,Ybt PlAn�CIPV hA&gndad Five Ydar Work PI an ffYWP}: Improvements + Eck Cat Road it Limbed M(ha CIP to ba wiftmd to&Ears ittrm Mc6rllllars Road to Ustick Road between 2021 and 2025 • The intaraectipn of Mcdulilfan Rued and E3iack Cat Road is listed in the CIP to he eeccmauucted as a mulll•tane mundaboul wdh 4-lanes on the rronh leg.4-lanes an the south,2•lenes oast, and 24anes on the west Eeg,anil nxoorrstruclad between 202B end 2030. The mnE&sacbm of UsLm%Road and Black Cat Roped Is Fasted In the C IP to be reconstructed as a dual4ene roundabout with 44anes an the rwrih leg,daanas an the south,44anes east, and 44anes an the west log.sno reoonslrudad between 2021 ana 2025. A dedicated northbound right-turn lane&dedicated southbound left-turn lane is required to be constructed on Black Cat Rd.at Bell Tower Dr. &San Remo St. as recommended in the TIS. Fire Service • Distance to Fire Station 2 miles • Fire Response Time Falls within 5 minute response time goal - • Resource Reliability 76%-target goal is 80%or greater—does not meet the targeted goal • Risk Identification 2—current resources would not be adequate to supply service to this project • Accessibility Project meets all required access,road widths and turnarounds. • Special/resource needs Project will require an aerial device;response time is 12 minutes travel time- can't meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to Police 6.5 miles Station • Police Response Time Just under 5 minutes from Police Dept.;response time goal for emergencies is 3-5 minutes. • Calls for Service 283 (within a mile of site between 3/l/2019-2/29/2020) MM • Accessibility No concerns • Specialty/resource needs No additional resources are required at this time. • Crimes 28(within a mile of site between 3/l/2019-2/29/2020) • Crashes 19(within a mile of site between 3/l/2019-2/29/2020) • Other The MPD can provide service if this development is approved as they already serve this area. West Ada School District �nrollrrient capml • Distance(elem,ins, Um la N DU hs) wessent 41iew Elementary Y a 675 9 kbpW • Capacity of Schools Slat Middle Sehool 542 loan 63 • #of Students fferldiep Nigh School a961 7404 4.0 Enrolled Que to the abundant amoLmt of growth In the area.West Ada Is aetlyely hulldeng new school$,and bpwudaries an always rha+ ft.These future studtmu5 could poltntially 8.tler4 Owyhee 141�h School, • Estimated#of 110 (NE)+40(SE)= 150 students from this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North Black Cat Trunk Shed • Estimated Project Sewer See application ERU's Page 3 Meridian City Council Meeting Agenda July 28,2020— Page 85 of 247 • WRRF Declining 13.92 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns The water main in N.Joy Way(furthest east road)should be a 12-inch.In addition,the water main in N.Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Rd.with the second hase of the development. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend 0 Projeot Lfl afK:or Project Lcocr* Ps ii 8eriti R TIE • Page 4 Meridian City Council Meeting Agenda July 28,2020— Page 86 of 247 Zoning Map Planned Development Map Legend C-00 -Legend -- 0 0 ff ff Proyect Lacainon IetProject Lccasor R- i Ci9y LlrniEs R-1 _ +- I — Planned Parcels R- R-N R- RU T' - R- C: L - R x---- RU R- R9 R'' III. APPLICANT INFORMATION A. Applicant: Brighton Development, Inc.—2929 W.Navigator#400,Meridian, ID 83642 B. Owner: Quenzer Farms, LLLP—3680 N. Black Cat Rd., Meridian, ID 83646 C. Representative: Michael D. Wardle,Brighton Corporation—2929 W.Navigator#400,Meridian,ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 5/29/2020 7/10/2020 newspaper Notification mailed to property owners within 300 feet 5/26/2020 7/8/2020 Applicant posted public hearing 4/22/2020 7/15/2020 notice on site Nextdoor posting 5/27/2020 7/8/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the western 50+/-acres of the property as Medium Density Residential(MDR)and the eastern 41+/-acres as Mixed Use— Non-Residential(MU-NR). A City Park is also conceptually designated on the FLUM in this general area. Page 5 Meridian City Council Meeting Agenda July 28,2020— Page 87 of 247 The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3E in the Comprehensive Plan(see page 3-18). Transportation: The Master Street Map(MSM) depicts a collector street from W. McMillan Rd. to the project's north boundary near the northeast corner of the site and a multi-lane roundabout at the mid-mile on Black Cat Rd. The Map depicts a future east/west collector street near the half mile on the west side of Black Cat. A collector street(San Remo St./N. Joy Way) is proposed from N. Black Cat Rd. to the north boundary in accord with the MSM. ACHD is not requiring a roundabout be constructed at this time as they feel it's not warranted based on the Traffic Impact Study(TIS) although additional right-of-way(ROW) is required to be dedicated to accommodate the future construction of the multi-lane roundabout. Proposed Development: The Applicant proposes to develop 66.35 acres of the subject overall property with 186 single-family detached dwelling units at an overall gross density of 2.8 units per acre; and 20.09 acres with non-residential/commercial uses to be determined in the future consistent with the FLUM. The eastern 18 acre residential portion of Quartet Northeast is located within the MU-NR designated area,which is a non-residential designated area that provides approximately a'/4 mile separation and buffer to the City's wastewater facility.Because the FLUM is not parcel specific,the Applicant requests the MDR designation on the western portion of the property is extended to the collector street(N.Joy Way), which bisects the eastern portion of the property.The portion of the property east of the collector street is proposed to be zoned C-G and developed with non-residential/commercial uses. Because the collector street will provide a"break"to future non-residential/commercial uses similar to that shown on the concept diagram for MU-NR designated areas included in the Comprehensive Plan (see Figure 3E on pg.3-18), Staff is amenable to this proposal if deemed appropriate by City Council. Staff does have concerns with residential uses in such close proximity to the Wastewater facility as foul odors are a concern in this area,thus the reason for the"non-residential"designation.For this reason, residential may not be a compatible use in this area.City Council should make this determination.Note: The Public Work's Dept. anticipates doing a noise%dor study later this year to determine the current impacts of the facility on adjacent properties, which may change the boundary of the MU-NR designated area. The Park's Dept. is not pursuing a City park in this location at this time; however,the non- residential/commercial lot(Lot 1,Block 14) on the east side of the collector street adjacent to the wastewater facility may be considered for a potential park site with a future development application on that property. Prior to any development occurring on this lot,the Applicant should coordinate with the Park's Department to determine if a City park is needed in this area. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type is proposed in this development (i.e. single-family detached). The residential developments in this vicinity also contain standard single-family detached homes.Because this site is in close proximity to the City's Wastewater Resource Recovery Facility, Staff does not recommend a mix of housing types is provided as it would likely increase the density in this area, which is not desired. Page 6 Meridian City Council Meeting Agenda July 28,2020— Page 88 of 247 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) Only one housing type is proposed in this development(i.e. single-family detached); the minimum lot size proposed is 6,866 with an average lot size of 9,145 square feet, which will accommodate a variety of housing styles consisting of I-and 2-story units. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential development is compatible with other residential and agricultural uses in the area; the future non-residential/commercial development should be compatible with the existing Wastewater facility to the southeast. The proposed residential uses in the MU-NR designated area may not be compatible with the Wastewater facility. The Public Work's Dept. anticipates doing a noise%dor study later this year to determine the current impacts of the facility on adjacent properties, which may change the boundary of the MU-NR designated area. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Segments of the City's multi-use pathway system are proposed off-site along the north boundary of the Five Mile Creek and along the east side of the proposed collector street in accord with the Pathways Master Plan. Detached sidewalks are proposed along the arterial and collector streets for safe pedestrian access. Usable open space and quality amenities are proposed(see detailed analysis below in Section VI.B). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems; services are proposed to be provided to and though this development in accord with current City plans. • "Discourage residential land uses in close proximity to the Wastewater Resource Recovery Facility,the Intermountain Gas Facility on Can-Ada Road, and other incompatible land uses." (3.06.02E) The eastern 18 acre portion of the site in Quartet Northeast is within the MU-NR designated area on the FLUM, which is in close proximity to the wastewater facility. The expansion of residential uses in this area may not be compatible with the wastewater facility due to odors associated with the facility. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The proposed project is located in part of a larger "enclave"around the City's wastewater facility; development of this property will assist in maximizingpublic services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Page 7 Meridian City Council Meeting Agenda July 28,2020— Page 89 of 247 Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is generally consistent with the City's vision in terms that medium density residential and non-residential uses are proposed;public services can be provided and infrastructure will be extended with development. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) A collector street(San Remo St./N.Joy Way) is proposed from N. Black Cat Rd. that stubs to the north for future extension to McMillan Rd in accord with the MSM, which depicts a collector street from McMillan Rd. to the northeast corner of the proposed residential development. • "Plan for and allow land uses surrounding the Wastewater Resource Recovery Facility that reduce human exposure to odors."(4.10.01A) The residential uses proposed on 18 acres in Quartet Northeast in the MU-NR designated area may expose humans to odors associated with the wastewater facility. • "Coordinate with developers, irrigation districts, and drainage entities to implement the proposed pathway network along canals, ditches, creeks,laterals and sloughs."(3.08.02B) A 10 foot wide multi-use pathway is proposed along the north side of the Five Mile Creek adjacent to the south boundary of the Quartet Northeast preliminary plat on NMID's property. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in a larger enclave area around the City's wastewater facility and is not on the fringe. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation if City Council determines an extension of the MDR designation on the abutting 18 acres of land to the east is appropriate for the area currently designated MU- NR. VI. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation&Zoning: The Applicant proposes to annex a total of 90.99 acres of land between the two subdivisions with R-8 (70.68 acres)and C-G(20.31 acres) zoning consistent with the associated MDR and MU-NR FLUM designations in the Comprehensive Plan as discussed above in Section V. At the request of the City,the Applicant included the 0.97 acre out-parcel at the southwest corner of the Quartet Northeast subdivision where a sewer lift station is located in the annexation boundary. The single-family residential and future non-residential/commercial uses planned to develop on this site are consistent with uses desired in this area as discussed above in Section V. A conceptual development plan was not submitted for the non-residential/commercial lot proposed to be zoned C-G;the Applicant states this lot will be the subject of future discussion with the City regarding a potential park site as depicted on the FLUM or consideration of other potential buffer uses determined by the results of the Public Work's noise/odor study. Page 8 Meridian City Council Meeting Agenda July 28,2020— Page 90 of 247 The annexation area is within the Area of City Impact Boundary(AOCI). Legal descriptions for the annexation area are included in Section VIII.B; separate descriptions were submitted for each of the preliminary plat applications. 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 IX.The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. The Record of Survey depicted in Section VIII.A should be approved by Ada County and recorded prior to approval of the annexation ordinance and the Development Agreement for this project. Additionally,as a provision of the Development Agreement,Staff recommends the Applicant is required to coordinate with the Park's Dept.prior to development of the C-G zoned portion of the site on the east side of the collector street to determine if a City park is needed in that area. B. Preliminary Plat: Two separate preliminary plats, Quartet Northeast and Quartet Southeast, are proposed due to land owned by NMID containing the Five Mile Creek bisecting the two properties. Because both plats are proposed to develop and be marketed as one overall project, Staffs analysis is based on the overall project. Quartet Northeast consists of 137 buildable lots(136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts; and Quartet Southeast consists of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Overall, a total of 186 residential buildable lots, 1 commercial buildable lot,29 common lots and 2 other lots are proposed between the two subdivisions. The minimum lot size proposed overall is 6,866 square feet(s.f.)with an average lot size of 9,145 s.£.;the gross density overall is 2.8 units/acre with a net density of 4.76 units/acre. The subdivision is proposed to develop in three(3)phases as depicted on the plat(see Section VIII.C). The first two phases are located along N. Black Cat Rd.with the third and final phase on the eastern portion of the site. Existing Structures/Site Improvements: There is one existing home and accessory structures within the boundary of each preliminary plat that are proposed to remain on Lot 11,Block 7, Quartet Southeast and Lot 2,Block 1, Quartet Northeast subdivision. All existing accessory structures that don't comply with the setback standards listed in UDC Table 11-2A-6 should be removed prior to the City Engineer's signature on the final plat on the phase in which they're located. The existing homes are required to disconnect from private service and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively.Existing wells may be used for irrigation purposes only. The addresses of these homes will also be subject to change with subdivision of the property. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2.Allowed uses in the C-G district are listed in UDC Table 11-2B-2. Although some residential uses are allowed in the C-G zoning district per UDC Table 11-2B-2, Staff recommends as a provision of the DA that no residential uses be developed on the non- residential/commercial C-G zoned lot on the east side of the collector street,including but not limited to, a multi-family development, a vertically integrated residential project,and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. Page 9 Meridian City Council Meeting Agenda July 28,2020— Page 91 of 247 Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and 11-2B-3 for the C-G district. Subdivision Design and Improvement Standards (UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and easements. There are two(2)common driveways proposed on common lots(i.e. Lots 10 and 16,Block 1); such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement 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. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A-3) One(1)collector street(San Remo St./N.Joy Way)access is proposed in Quartet Southeast and one(1) local street access is proposed in Quartet Northeast via N. Black Cat Rd. The collector street is proposed to stub to the north at the northeast corner of the site for future extension to W. McMillan Rd. Local stub streets are proposed to the north and south to adjacent properties for future extension as depicted on the preliminary plats in Section VIII.C. Direct lot access via the arterial(Black Cat Rd.) and collector(San Remo St/N. Joy Way) streets is prohibited; the existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1 Quartet Northeast subdivision shall be removed and access taken from Belltower Dr. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd.in the location where the collector street is proposed is required to be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. Because N.Joy Way is proposed to stub at the north boundary and is longer than 150'without a Fire Department approved turn around,the Fire Dept. requests a Type III barricade is placed at the intersection of N.Joy Way and Grand Rapids Dr.to prevent access until the street is extended in the future.The construction drawings should be revised to include this change.As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Parking for non-residential uses is required per the standards listed in UDC 11-3C-6B.1. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the north side of the Five Mile Creek; and along the north and a short portion of the east side of the Quartet Northeast property. The Applicant proposes to construct an off-site 10-foot wide multi-use pathway along the north side of the Five Mile Creek and a detached 10-foot wide sidewalk/multi-use pathway along the east side of the collector street(N. Joy Way),north of the creek,to the north boundary of Quartet Northeast per discussions with the Park's Department. Legal descriptions for the pathway alignments (14-feet wide) Page 10 Meridian City Council Meeting Agenda July 28,2020— Page 92 of 247 should be submitted to the City in order for the pathways to be added to the City's Master Pathways Agreement. The pathway proposed on NMID's property will require a license agreement with NMID for the pathway and associated landscaping required by UDC 11-311-12C. The UDC (11-3B-12C) requires a 5-foot wide landscape strip to be provided along each side of the pathway,landscaped with a mix of trees,shrubs,lawn, and/or other vegetative groundcover.A minimum of one trees is required per 100 linear feet of pathway; the calculations table included on the landscape plan does not include the linear feet of pathways or trees proposed to demonstrate compliance with this requirement—the revised plan submitted with the final plat application should include this information. If NMID does not approve the pathway and associated landscaping to be located on their property, the pathway should be provided in a minimum 20-foot wide common lot within Quartet Northeast subdivision within a 14-foot wide public pedestrian easement. Staff recommends pedestrian pathways are provided from the internal sidewalks along Miramente Ct. and Miramente Dr.through adjacent common areas to the multi-use pathway along the Five Mile Creek; and micro-pathways are provided through Lot 10,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Sidewalks(UDC 11-3A-1 The UDC(11-3A-17)requires, at a minimum, detached sidewalks to be provided along arterial and collector streets and attached sidewalk to be provided along local streets. Detached sidewalks are proposed along all internal streets,except around the cul-de-sacs, and within the street buffer adjacent to N. Black Cat Rd. and San Remo St./N. Joy Way in accord with the standards listed in UDC 11-3A-17. Parkways (UDC 11-3A-1 Eight-foot wide parkways are proposed adjacent to all streets where detached sidewalk are proposed; all parkways are required to be constructed in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N.Black Cat Rd., an arterial street; and a 20-foot wide street buffer is required adjacent to San Remo St./N. Joy Way, a collector street, landscaped per the standards listed in UDC 11-3B-7C, as proposed. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and 11-3B- 7C. Landscaping is proposed in accord with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C as discussed above. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards. There are existing trees on the site around the existing homes that are proposed to be retained that may require mitigation if removed. The Applicant should coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-10C.5 if existing trees are not proposed to be retained on the site.Any mitigation information shall be included in the calculations table on the landscape plan. Page 11 Meridian City Council Meeting Agenda July 28,2020— Page 93 of 247 If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. Qualified Open Space(UDC 11-3 : A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be provided with development. Based on the area of the Quartet Northeast plat(66.52 acres),a minimum of 6.65 acres of qualified open space should be provided.A total of 7.6 acres(or 11.5%)is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(N. Joy Way), internal linear open space and common areas exceeding 50' x 100' in area. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of 1.99 acres of qualified open space should be provided. A total of 3.4 acres(or 17%) is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(San Remo St./N. Joy Way), and internal linear open space. Qualified Site Amenities (UDC 11-3 A minimum of one(1) qualified site amenity is required for each 20 acres of land to be developed as set forth in UDC 11-3G-3. Based on the area of the Quartet Northeast plat(66.52 acres),a minimum of three(3) qualified site amenities are required to be provided. A community swimming pool, a tot lot containing children's play equipment, one acre of extra qualified open space beyond the minimum standards and segments of the City's multi-use pathway system are proposed in excess of UDC standards. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of one(1) qualified site amenity is required to be provided. An additional 1.41 acres of qualified open space beyond the minimum standards is proposed as a site amenity in accord with UDC standards. Because Quartet Northeast and Southeast subdivisions will develop as one and be under the same Homeowner's Association, and common open space and site amenities will be shared, Staff believes the proposed open space and site amenities are adequate for the development with the inclusion of the micropath connections as recommended above. Waterways(UDC 11-3A-'U"I: The Creason Lateral runs across the eastern portion of the north boundary of Quartet Northeast subdivision in Lot 34,Block 4 within a 40-foot wide easement and is proposed to be left open. Because this area is included in the qualified open space calculations for the site,it should be landscaped per the standards listed in UDC 11-3G-3E—no landscaping is depicted on the landscape plan for that area. The Five Mile Creek is contained within land owned by NMID that lies between the two proposed preliminary plats. The creek should be protected during construction. A portion of the site is within the Five Mile Creek floodplain in an approximate(A)zone which will require a floodplain permit application,including hydraulic and hydrologic analysis to define base flood elevations and a floodway prior to any development occurring in the overlay district—contact Jason Korn,Public Work's,with any questions. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is proposed as shown on the landscape plan. Page 12 Meridian City Council Meeting Agenda July 28,2020— Page 94 of 247 Six-foot tall solid wood fencing is proposed along the perimeter boundary of the site and along side yards adjacent to the street; and 5-foot tall clear vision fence is proposed adjacent to most internal common open space areas. To provide more visibility of the common area on Lot 34,Block 4 where the Creason Lateral is located, Staff recommends fencing adjacent to the common lot complies with the standards listed in UDC 11-3A-7A.7. The Creason Lateral is required to be fenced with an open vision fence at least 6' in height and having an 11-gauge,2"mesh or other construction,equivalent in ability to deter access to the waterway.If the Applicant can demonstrate to the satisfaction of the Director that the waterway serves as or will be improved as a part of the development to be a water amenity as defined in UDC 11-1A-1,it is not required to be fenced per UDC 11-3A-6C.If it's improved as a water amenity, construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. Staff recommends a break in the fence is provided on the south side of Lot 8,Block 6 adjacent to the Five Mile Creek for pedestrian access to the multi-use pathway. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. Irrigation: Underground,pressurized irrigation water is required to be provided for each and every lot within the development in accord with MCC 9-1,Water Use and Service. Irrigation water will be provided from the Nampa&Meridian Irrigation District. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted several conceptual building elevations for the proposed single-family detached homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted are a mix of 1-and 2-story units with building materials consisting of a variety of siding styles with stone/brick veneer accents.No elevations were submitted for the non-residential/commercial portion of the development as no development is proposed at this time. Because 2-story home elevations that face arterial and collector streets are highly visible, Staff recommends as a provision of the DA that the rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street, and San Remo St./N.Joy Way,a collector street,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. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility and the non- residential/commercial portion of the development. Design of these structures is required to comply with the design standards listed in the Architectural Standards Manual.Design review is not required for single- family detached homes. VII. DECISION A. Staff: If the City Council determines extending the MDR FLUM designation further to the east as proposed is appropriate, Staff recommends approval of the requested annexation and zoning with the requirement of a Page 13 Meridian City Council Meeting Agenda July 28,2020— Page 95 of 247 Development Agreement and approval of the requested preliminary plats with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 18,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Mike Wardle,Brighton Corp. (Applicant's Representative),Jon Wardle, Brighton Corp_ b. In opposition: None c. Commenting:None d. Written testimony: Carrie Hovey e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Concern pertaining to traffic &safety of existing 2-lane roadways and the amount of development occurring in this area which is worsening the situation and impact of more development on area schools—would like these applications to be rejected or at least postponed until road infrastructure and schools can be prepared to handle the additional impacts. 3. Key issue(s)of discussion by Commission: a. Concerns pertaining to growth and traffic and the adequacy of existing infrastructure to handle more development until improvements are made in this area; IL. The option of requiring the noise/odor study to be complete prior to development of Phase 3 to determine if residential uses are appropriate in the area current MU-NR designated area. 4. Commission change(s)to Staff recommendation: a. Modification to condition#B 1.2 to require the water main in N.Joy Way to continue south through Quartet SE to provide a 2nd connection out to Black Cat Rd. with the 2nd phase of development, instead of the 1 st phase, as recommended by Staff. 5. Outstanding issue(s)for City Council: a. None Page 14 Meridian City Council Meeting Agenda July 28,2020— Page 96 of 247 VIII. EXHIBITS A. Record of Survey for Property Boundary Adjustment in Ada County(Not-Approved/Recorded) Ji �� �J -. 3 I z � t ti 3 5 8a SLW .� p -n zi I� Etc FYe F I JhF ki s � . , Page 15 Meridian City Council Meeting Agenda July 28,2020— Page 97 of 247 B. Annexation Legal Description & Exhibit Map Quartet Northeast: lum 9233 WEST STATE STREET I SOISE,ID 83714 1 209.639.6939 1 FAX 208.639.6930 Aprll 10,2020 Project No.19-010 Exhibit A legal Dewription for Annexation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as Follows: Commencing at a brass cap marking the Northwest corner of said Section 34,which bears NOU'27'24"F a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence fallowing the westerly line of said Northwest 1/4,500'27'24W a distance of 1,315.80 feet to the North 1/16 corner of said Section 34 and Section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 1/4,589'26'06"E a distance of 2,647.62 feet to an aluminum cap marking the Northeast corner of said South 1/2 of the Northwest 1/4(C-N 1/16 corner); Thence leaving said northerly line and following the easterly line of Said South 1/2 of the Northwest 1/4, 500°43'47"W a distance of 1,323.39 feet to a 518-inch rebar marking the center of said Section 34; Thence leaving said easterly line and following the southerly line of said Northwest 1/4,N89'16'14"W a distance of 1,129.66 feet to the centerline of Five Mile Drain; Thence leaving said southeFly line and following said centerline the fallowing eight (9)courses: 1. N38'17'55"W a distance of 133.84 feet; 2. N45'51'55"W a distance of 134.69 feet; 3. N73'28'41'W a distance of 107.91 feet; 4. N79'57'01"W a distance of 202.45 feet; 5. N77'05'23"W a distance of 11210 feet; 5. N79'05'40'W a distance of 325.25 feet; 7. N78'22'23"W a distance of 307.52 feet; 8. N78'15'35"W a distance of 100.49 feet; Thence leaving said centerline.N00'27'24"E a distance of 236.72 feet; Thence N89'32'3VW a distance of 195.00 feet to the westerly fine of said Northwest 1/4; Thence following said westerly line,N00'27'24"F a distance of 654.43 feet to the POINT OF BEGINNING. Said parcel contains a total of 68.735 acres,more or less. K Attached hereto is Exhibit B and bVthis reference is hereby made a part of. *y4* a ', 1459 0 IV. OF % dq to•za zc7 ENGINEERS I SURVEYORS I PIANNFRS Page 16 Meridian City Council Meeting Agenda July 28,2020— Page 98 of 247 0 w r- cn N LL Kt WNN6 m m 'pd "1?11!WaW 'm 0 IOR oHnS o Q) 6p }t L LO 43 2 W 44 r V O 0e y Q .Z9'Lti9L 3.5d,9L.685 .5: C � i U CO41 ra o Lp a m OF o p X L 1-0 4 W m N t-'J N Z d IS7 i,A w Z ow mp g „, t 0 `� 3 a n Z z ¢ 0 ct ap m m N �O n1 Y m Z r 9 Z z m a VI ri ,'�- N d c� F- z N Q rv- Q O ^'� mra om+O N'n N Z y7 M ['V Lti u'7 U C VS V7 [.1 x n n t? it in ¢. ++ en 7 I �n g n �N mr �m n fl mLn 6 N y 1.4 'I(�I(77 C N z �{ E1 I Z N Z IA ���y �M Z � M LU Ln z � ,G9'OZE� N4„9l,91.�9N m �O iC 7 ar 2 2 3Uw o qi iL. U N �I Page 17 Meridian City Council Meeting Agenda July 28,2020— Page 99 of 247 Quartet Southeast: Ion 9233 WEST STATE STREE-T I BOI5E,1D 83714 1 208-639.6939 1 FAX 208.639.6930 April 10,2020 Project No.19-010 Exhibit A Legal Description for Annexations and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the Southwest 1/4 and a portion of the South 1/2 of the!Northwest 1/4 all in Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at an aluminum cap marking the West 1/4 corner of said Section 34,which bears 500°27'24"W a distance of 2,631.60 feet from a brass rap marking the Northwest corner of said Section 34,thence following the westerly line of said Northwest 1/4,N00°27'24"E a distance of 450,24 feet to the centerline of Five Mile ❑rain; Thence leaving said westerly line and following said centerline the following nine(9)courses: 1. S83°53'03"E a distance of 33.19 feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78°22'23"E a distance of 307.52 feet; 4. 579°05'40"E a distance of 326.25 feet; 5. S77°05'23"E a distance of 112.20 feet; 6. 579°57'01"E a distance of 202.45 feet; 7. 573'28'41"E a distance of 107.81 feet; 3. 546°51'55"E a distance of 134.69 feet; 9. 538'17'55"E a distance of 133.84 feet to the southerly line of said Northwest 1/4; Thence leaving said centerline and following said southerly line,N89"16'14"W a distance of 191-01 feet to a 5/8-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W 1/16 corner}; Thence leaving said southerly line and rollowing the easterly line of said West 112 of the Southwest 114, $00°35'24"W a distance of 25.93 feet; Thence leaving said easterly line,60,97 feet along the arc of a circular curve to the left,said curve hawing a radius of 517.00 feet,a delta angle of 06°45'23",a chord bearing of 547'09'17"W and a chord distance of 60.93 feet; Thence S43'46'36"W a distance of 306.45 feet; Thence 423.64 feet along the arc of a circular curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46"40'43",a chord bearing of 567"06'57"W and a chord distance of 412-02 feet; Thence N89°32'41"W a distance of 589.03 feet; Thence 545°27'19"W a distance of 29A9 feet; Thence 500°27'12"W a distance of 79.36 feet; Thence N89"32'48"W a distance of 78.00 feet to the westerly line of said Southwest 1/4; Thence following said westerly line,N00°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 22.26 acres,more or less. rd Attached hereto is Exhibit B and by this reference is hereby made a part of. R' o 1245►9 o � a? OF . t� L TBI ENGINEERS 4 SURVEYORS I PLANNERS 41-10-Z07.0 Page 18 Meridian City Council Meeting Agenda July 28,2020- Page 100 of 247 28 2-j W. McMillan Rd. 33 34 FOUND BRASS CAP NORTHWEST CORNER SEC71oH 34 0 125 250 500 N Scale: 1"=25Q' Unplatted SE053'03"E " 33.19' — S78'15'35"E 265.65' 578'22'23"E 307.52' S7705'40"E w 32$.25' Ce S77'05'23"E 112.20' S79'57'01'E Mile Dr , 202.45' z a117 S73328'41'E M 107.81` S46'51'55"E SE-43423392 U \134.69' POINT OF BEGINNING 53U-17'55'E FOUND ALUMINUM CAP 133.04' 33 wEST ir4 CORNER SECTION 34 SOO'35'24"W 34 25,93' — Annexation Area. 22.26±AC. ca N89'18'14,W Current Zoning: RUT 191A1' Proposed Zoning: R-8 ,yam` c--w 1/16 SO434325860(Portion'I &SO434234020(portion) SEC TON 34 ryro to m"U o I i� `e S4527'19"W p"I m 29.19, IUnplatted a rn r m N5732'41"W 589.03' G z s00'27'12"W 79,36' is oo 48')hf U np latted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N., R.1W.W, McMillan Rd. T.3N., R.JW. — — �pl. LANq LEGEND '�� is FOUND BRASS CAP ; FOUND ALUMINUM CAP 12459 '0 kin �} 5/8—INCH REBAR rnj �O A CALCULATED POINT ¢,� �T£ 4I l4� 4a ANNEXATION & REZONE 6OUNDARY 'P4q► B N\- ENGFNEERS.SURVEYORS.PLANNERS ' -SECTION LINE • h, 7,0 9233 W EST STATF STREET NOISE,IDARO83714 YFFF]!LE(209)639 E939 FAX 12P8)639-6936 Exhibit B Annexation and Rezone FATE' ApriF 2a2o PROJECT- 19-014 SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SW1/4 &51/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada County, ID Page 19 Meridian City Council Meeting Agenda July 28,2020— Page 101 of 247 City Lift Station Lot: lam 9233 WEST STATE STREET I BOISE,ID 83714 I 208.639,6939 I FAX 208.b39.6930 April 20,2020 Project No.19-010 Exhibit A Legal Description for Annexation and Rezone to R-8 City of Meridian Parcel A parcel of land situated in a portion of the Southwest 1/4 of the Northwest 1/4 all in Section 34, Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a brass cap marking the northwest corner of said Section 34,which bears N0a°27'24"E a distance of 2,631.60 feet from an aluminum cap marking the west 1/4 of said Section 34,thence following the westerly line of said Northwest 1/4,S00°27'24"W a distance of 1,990.23 feet to the POINT OF BEGINNING. Thence leaving said westerly line,S89'32'36"E a distance of 195.00 feet to a 5/8-inch rebar; Thence 500'27'24"W a distance of 236.72 feet to centerline of Five mile Drain; Thence following said centerline, N78'15'35"W a distance of 165.16 feet; Thence following said centerline, N83°53'03"W a distance of 33.19 feet to the westerly line of said Northwest 1/4; Thence leaving said centerline and following said westerly line, N00°27'24"E a distance of 201.13 feet to the POINT OF BEGINNING_ Said parcel contains a total of 0.974 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. T 12459 Q a Ar � OF 1gN, L, BALti'� ENGINEERS I SURVEYORS II PLANNERS Page 20 Meridian City Council Meeting Agenda July 28,2020— Page 102 of 247 28 27 W. McMillan Rd. 33 34 POINT OF COMMENCEMENT N FOUND BRASS CAP NW CORNER SECT]ICN 34 I� M 0 ro I 0 56 100 200 I� N N Scale: 1"=100' b 0 POINT OF BEGINNING S89'32'36"E 195.Ofl' Z LEGEND j" FOUND BRASS CAP FOUND ALUMINUM CAP o `' ���a• 5/8—INCH REBAR N t+�x3� � � 3 b qC ISM Ct A CALCULATED POINT $ N BQUNNDG4ATRIY & REZONE N83'53'03"W 76�FFjve 33.19' Mile [rail? Uf U N LAft S x � o 12459 33 34 `r�gTf �0 4 O1�k CORNER SECTION 34 ALUMINUM � ���OF 1�`9 ENGINEERS.SUAVEVORS.PU4NNER5 NEST �"� .�� 9233 5NE5T STATE 51REET B046,IDAHO33714 PHONE P03)639-693R FAX(209)639-69-M Exhibit B Annexation and Rezone to R-8 DATE: Apr'12000 PROJECT: 19-0M SHEET: City of Meridian Parcel -4130 N. Black Cat Rd. 1 OF 1 5W 1/4 NW 1/4 Sec. 34, T4N., R1W., B.M.,Ada County, Idaho Page 21 Meridian City Council Meeting Agenda July 28,2020— Page 103 of 247 C. Preliminary Plat(date: 1/31/2020)&Phasing Plan Quartet Northeast: QUARTET HORTHEMTSU&9 micHN PRE UMIr#ARYPLAT 1 h I1+dA{14411h4151RLL7F0IL THk 5SH 11H lf144 CHI wQrl7rrM'jT 111[II:IlCN loihwHrl l wffrK m*r.1 lw[Lr im Dr L■■OAN.JLh mu".EAAD °_n r ■ r I'. x41 a ad.a witi"f� FF �� V ■ 1{ R A P s n x 'r Y -� IRA a =w--- '_-' - -- — _ ulu.rrT.urn■�aTxe,.wl —��r,��~ ki I ' S Okm. =nrv'�t Page 22 Meridian City Council Meeting Agenda July 28,2020— Page 104 of 247 Page 23 ------ -- ii i r I r dp ee •f m nurwr.Tlrarr.�,ra5y�r.Yun. Quartet Southeast: QUARTf7$0�]T PAST$4JHINVISION PR9�1MiNARY PLAT x{wnL tIP.WG YNAPPD IN A h3lgIG,a Trlk Yxnn Ej2 or tmE n3k!hmIST V4 I 4ND PMTIDM OF THE WEST W Ex THE 9OUNWEM 1ACry 9CrK 43t 1OWN NIFi II OWN.IVIR I MTSr,On O 46ILRI UM,ADA WIR,rY,VANa LLL - i YFI?wiR '. sB Fas szz r�MlTFT rJf.{,{$!SI.TQI.AMN Page 24 Meridian City Council Meeting Agenda July 28,2020— Page 106 of 247 1 rSii I gwrnTs<zmruTwor.,al - - — -IL�— w,,I =. . 41 i "m � � --r � Y - �w,ei iOurxEul wedwHOM — = ,. Page 25 Meridian City Council Meeting Agenda July 28,2020— Page 107 of 247 Phasing Plan: V,J,IT IL Air- IX 104 vt- IYI Puoe20 ---------- Meridian City Council Meeting Agenda July 28.2O20— Page 1neofz4r D. Landscape Plan(date: 1/30/2020) Quartet Northeast: .S � I i I' 4 r k ;i • III 04LWWt6 _ aurl OLINIRT MOB OM d FORfS3F R AN — Page 27 Meridian City Council Meeting Agenda July 28,2020— Page 109 of 247 'I F.:JYh. ' .. � !am � r r is.. r•. I _ 4 'k :::.....ti......ii.. I . r I _ ]—ttllI NGF IIi[Wl Y..8iJh51G4 t� w� Ed �y 3 Quartet Southeast: *31141 WL I I I I' I HTON CIWIMN..LFI rl'SSr Page 28 Meridian City Council Meeting Agenda July 28,2020— Page 110 of 247 f 7 li � i I 'I I i i i v i _ .{ '1.' M1llll OFp llb SSE _ rE-F.�.a6-�_T� yi aT.LZ1.�L�TL0ig1� p ..493 _ y'� Y_'.Lrd•�� -_— _• •pQ•�'�.t.�7/ ILTI''•: 3�f,S^'I .r� �r $ air--•� .._ — , GI,, M— — ��'� .._ — RUulk?SJlRxE+ff LklCnMUY - x i• I .. o n=Lj:r -•- - waoacu�alail '-as��`a.r Rlf C Page 29 Meridian City Council Meeting Agenda July 28,2020— Page 111 of 247 E. Qualified Open Space Exhibit(dated: 6/11/2020) Quartet Northeast: ` (WAKrtt NOR"AST SV60MS10fe CW[N SPACE EXHIW GLYAM �T Quartet Southeast: "RTIET SOME AST SU601 V151014 OPEN SPACE MOM oaan x+�xazo m�w� Page 30 Meridian City Council Meeting Agenda July 28,2020— Page 112 of 247 Q#"IA�3ZL'�'�U$#11Y1610!! -� �' ia �rl i■ y � - - �y�■■� � pro po � - - QfJARTET 4MHMTYIMC N QUA � it .. TT3FI All. as amsmit1w, WSW J L $ifs I TO vut ' QE A-WrE.i&LrLDrW SLOM T rrr•exL Qrrwrraur-;.F ' �.+' a� •� Ii u 11 '_ �� �el �A In:, — -e��l �r_ 11 41■�1 — 'fd. RA IF•{11 X'S' 5 BRIGHTON B 1[��17�1T�1 " IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The Record of Survey depieted in Seetion A1111.A shall be ftpffoved by Ada County and meor-ded pr4or to City Couneil appFoval of the Annexation Ordinanee and Development Agreement for- The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residential/commercial C-G zoned lot on the east side of the collector street, including but not limited to, a multi-family development, a vertically integrated residential project, and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residential/commercial lot on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. g. The rear and/or side of structures on lots that face N. Black Cat Rd., an arterial street, and San Remo St./N.Joy Way, 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. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association; all common open space and site amenities between the two subdivisions shall be shared. 2. The final plat(s) submitted for this development shall incorporate the following: a. Include a note stating direct lot access via N. Black Cat Rd. and San Remo St./N. Joy Way is prohibited. Page 32 Meridian City Council Meeting Agenda July 28,2020— Page 114 of 247 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Add pedestrian pathways from the internal sidewalks along Miramente Ct. and Miramente Dr. through adjacent common areas to the multi-use pathway along the Five Mile Creek;provide breaks in the fence where necessary to provide a connection. Also provide micro-path connections through Lot 10,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. b. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-313-12C. Calculations shall be included for the linear feet of pathway and the required vs.provided number of trees in the Calculations table. c. If any existing trees are proposed to be removed from the site,the Applicant shall schedule an inspection with the City Arborist,Matt Perkins,prior to removal of any such trees to determine mitigation requirements in accord with the standards listed in UDC 11-3B-1OC.5. Mitigation information shall be included in the calculations table on the plan if applicable. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict fencing adjacent to the Creason Lateral as set forth in UDC 11-3A-6C.3 in order to preserve public safety unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case, documentation shall be submitted as set forth in UDC 11-1A-1 and 11-3A-6C.2 for approval by the Director. f. The location of site amenities shall be depicted on the plan; a detail shall be submitted for the children's play equipment. g. Depict landscaping in Lot 34,Block 4 in accord with the standards listed in UDC 11-3G-3E. h. Depict fencing on Lot 34,Block 4 where the Creason Lateral is located per the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common area. i. Depict a 6-foot tall open vision fence having an 11-gauge,2 inch mesh or other construction equivalent in ability to deter access to the Creason Lateral on Lot 34,Block 4 in accord with the standards listed in UDC 11-3A-6C.3 unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case,construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 and 11-213-3 for the R-8 and C-G zoning districts respectively. 5. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd. in the location where the collector street is proposed shall be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope, and orientation of the lots and structures accessed via common driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. Page 33 Meridian City Council Meeting Agenda July 28,2020— Page 115 of 247 8. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 9. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature; or,this information may be included on the face of the plat. 10. A Type III barricade shall be placed at the intersection of N. Joy Way and Grand Rapids Dr. to prevent access until the street is extended in the future;the construction drawings shall be revised to include this change. As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street instead. 11. All existing structures that don't comply with the setback standards listed in UDC 11-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 12. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 13. The existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1, Quartet Northeast subdivision shall be removed. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development; and for all non-residential/commercial uses. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. 1.2 The water main in N Joy Way(furthest east road) should be a 12-inch. Also,the water main in N Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Road with the fit second phase of the development. 1.3 Consider eliminating the short dead-end water main in the cul-de-sac off of Exeter Avenue and Capriana Drive, instead install three services to the three cul-de-sac homes off the mainline in Capriana Drive. 1.4 From the preliminary investigation of groundwater elevation provided in the application, it appears that shallow groundwater may be a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. Updated data and recommendations from a geotechnical professional shall be required with the submittal of construction design drawings. 1.5 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District,a floodplain permit application,including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Page 34 Meridian City Council Meeting Agenda July 28,2020— Page 116 of 247 2. General Conditions of Approval—Quartet Northeast& Quartet Southeast 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 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 I I"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to 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. Page 35 Meridian City Council Meeting Agenda July 28,2020— Page 117 of 247 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. 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. 2.23The 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. Page 36 Meridian City Council Meeting Agenda July 28,2020— Page 118 of 247 C. FIRE DEPARTMENT Northeast: https://weblink.meridianciV.org/WebLinkIDocView.aspx?id=187210&dbid=0&repo=MeridianCiU Southeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187211&dbid=0&repo=MeridianCity Phasing: https://weblink.meridiancity.oLv WebLink/Doc View.aspx?id=187133&dbid=0&repo=Meridian City D. POLICE DEPARTMENT https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=187674&dbid=0&repo=MeridianCiU E. PARK'S DEPARTMENT Northeast: https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=190216&dbid=0&repo=MeridianCitX Southeast: No comments were submitted F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) Northeast: https://weblink.meridianciU.oLv WeUink/DocView.aspx?id=188456&dbid=0&repo=MeridianQ Southeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=188457&dbid=0&repo=Meridian City G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=189173&dbid=0&repo=Meridian City H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) Northeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=188676&dbid=0&r0o=Meridian City Southeast: https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=188675&dbid=0&repo=MeridianCity I. CENTRAL DISTRICT HEALTH DEPARTMENT Northeast: https://weblink.meridianci(E.ofglWebLinkIDocView.aspx?id=187426&dbid=0&repo=Meridian cit E Southeast: https://weblink.meridiancioy.o.-glWebLinkIDocView.aspx?id=187427&dbid=0&repo=MeridianCitE J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Northeast: https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=189529&dbid=0&repo=Meridian City Southeast: https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=189614&dbid=0&repo=Meridian City Page 37 Meridian City Council Meeting Agenda July 28,2020— Page 119 of 247 K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Northeast: https:llweblink.meridianciV.oLvlWebLinkIDocView.aspx?id=187575&dbid=0&repo=MeridianCiu Southeast: h yps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187574&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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 Commission finds the proposed zoning map amendment to R-8& C-G and proposed development is generally consistent with the Comprehensive Plan and is appropriate if Council approves an extension of the MDR FL UM land use designation to the collector street as proposed and if the Applicant complies with the provisions in Section IX. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed single-family detached homes will contribute to the range of housing opportunities in the City. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IX. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that theproposedplat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use (if Council deems it's appropriate for the MDR designation to extend to the collector street), density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) Page 38 Meridian City Council Meeting Agenda July 28,2020— Page 120 of 247 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section IXfor more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 39 Meridian City Council Meeting Agenda July 28,2020— Page 121 of 247 Mike Wardle Quartet Subdivision’s Presentation 55'l - -- - -�- McMillan Rd J� .- ;: - - tic.._:. - _ _ '•' - All ,� : PROJECT SITE • L Y � •� QUARTET ; :.� � � � ����,.� _'r•� �,�'_ -,.- ; f;,;# f Elm% impz { =NORTHEAST ram' .r . + ;�� �r '• - FUTURE QUARTET SOUTHEAST PHASE ��I� �������� FUTURE :x PHASE . 4 4 / L`.f mob 'I J. ir: boo Iert Ea` ram, I _ . . � • i• �}•m h y.•• . ,, •-r4yl •.. . F~t- .l""...`4i _uJLk.,4 - i.a } - �:t ._ - , MCMILLAN RD MDR MDR --------------- QUARTET NORTHEAST R-s Zone - MU-NR O�G Five4111-E Q QUARTET Lu v �� J SOUTHEAST g g R-8 Zane Z MERIDIAN WWTP IVI D R FIVE MILE CREEK MU-NR a, USTICFL;-i3D. ILL 16 - --- - - ..r': : h+l► .� iY - as _ NFL ME-mm ,k CREASON LATERAL ov QUA TET H • - f L / - _ 1 r Y 1 I f � NON-BUILDABLE LOT C-G Zane !C r#feAsIr. A. 1 on I Il x% f - uartet Others ♦♦ -BRIGHTON PATHWAYS - / ♦♦ C4NCEPTUAL,SUBJECTTfJCHANGE ♦ . 4 IF W 4 3 o or w All TFTT J y1 ii • �- �• T W MCMILLi4N Rp -" - W tOS FLORES ,l Q �1 _ ' W Ra o Cc.1 s . as < W M[(,NTf t] " C Lu - W L014 1,4 OR $ U - s`- - - V �S1 ran su •o?ek - SOURCE - PARKS DEPT 6.3•2020 •gyp. -. �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.F. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Quartet Southeast(H-2020-0018) by Brighton Development, Inc., Located at 4020 and 4340 N. Black Cat Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: Commission Recommendations and Staff Report Staff Report 7/17/2020 Planning and Zoning Minutes Minutes 7/15/2020 REVIEWERS: t Clerk. Weatherly,Adrienne Approved 7/17/2020 - 3:11 PM Meridian City Council Meeting Agenda July 28,2020— Page 142 of 247 STAFF REPORT lc� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/28/2020 legend DATE: ��Project Lacfl�iar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner i 208-884-5533 SUBJECT: H-2020-0017 Quartet Northeast H-2020-0018 Quartet Southeast LOCATION: 4020&4340 N. Black Cat Rd. [Parcels: #S0434233652; SO434244210; 50434233920; S0434325860 (partial), in the west 1/4 of Section 34,TAN.,RAW.] - 1 I. PROJECT DESCRIPTION Quartet Northeast(NE): Annexation of a total of 68.73 acres of land with R-8 (48.42 acres) and C-G(20.31 acres); and Preliminary Plat consisting of 137 buildable lots (136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts. Quartet Southeast(SE): Annexation of a total of 22.26 acres of land with an R-8 zoning district,by Brighton Development,Inc.; and Preliminary plat consisting of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district.Note:A property boundary adjustment application is currently in process with Ada County that will reconfigure the boundary of this property consistent with the Record of Survey(ROS) shown in Section VIII.A; the Applicant anticipates this application will be approved and the ROS recorded prior to the City Council hearing. Therefore, the annexation andplat boundaries are based on the boundary shown on the ROS and not the current parcel configuration shown on the maps included in this report. Because NMID owns the land where the Five Mile Creek is located which lies between the two properties proposed for development and does not wish for their land to be included in the subdivision, two (2)separate preliminary plat applications are required. Because the site is being developed as one overall property, one staff report has been prepared for both projects which includes analysis for each individual plat as well as for the overall development. The overall annexation area includes the Five Mile Creek as zoning goes to the centerline of waterways. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 66.52(NE)+ 19.92(SE)=86.44 acres(overall) Existing/Proposed Zoning RUT in Ada County(existing);R-8 and C-G(proposed) Pagel Meridian City Council Meeting Agenda July 28,2020— Page 143 of 247 Description Details I Page Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre)(50+/-acres)&Mixed Use—Non-Residential(MU-NR)(41+/-acres) Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family residential(SFR),commercial Lots(#and type;bldg./common) 186 residential buildable lots; 1 commercial buildable lot;29 common lots; and 2 other lots for shared driveways Phasing Plan(#of phases) 3 phases(overall between both subdivision) Number of Residential Units(type 186 detached SFR homes of units) Density(gross&net) NE:2.93 units/acre(gross);4.73 units/acre(net) SE:2.51 units/acre(gross);4.86 units/acre(net) NE&SE(overall): 2.8 units/acre(gross);4.76 units/acre(net) Open Space(acres,total NE: 7.6 acres [%]/buffer/qualified) SE: 3.4 acres NE&SE(overall): 11 acres(or 13%) Amenities Swimming pool,multi-use pathways,an additional 2.36+acres qualified open space beyond the minimum required and a tot lot with children's play equipment. Physical Features(waterways, Land containing the Five Mile Creek bisects the two(2)preliminary plats;a hazards,flood plain,hillside) portion of the site is within the floodplain in an approximate(A)zone. The Creason Lateral runs along the eastern portion of the north boundary of Quartet Northeast subdivision. Neighborhood meeting date;#of 1/21/20;9 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study(yes/no) Yes Access Two(2)accesses(Bell Tower Dr.,a local street&San Remo St.,a collector street) (Arterial/Collectors/State are proposed via N.Black Cat Rd.,an arterial street. Hwy/Local)(Existing and Black Cat Rd.is currently improved with 2-travel lanes and no curb,gutter or Proposed) sidewalk abutting the site.There is 50-70'of ROW for Black Cat Rd. (17-20' from centerline). Traffic Level of Service Better than"D"(Acceptable level of service is"E") Stub (1)collector and(1)local stub street is proposed to the north and(1)local stub Street/Interconnectivity/Cross street is proposed to the south to adjacent properties for future extension as Access depicted on the plat. Existing Road Network There are no existing streets within the site and no stub streets to the site;N.Black Cat Rd. exists along the west boundary of the site Existing Arterial Sidewalks/ There is no existing sidewalk or buffer along N.Black Cat Rd. ' Buffers Page 2 Meridian City Council Meeting Agenda July 28,2020— Page 144 of 247 Description Details Page Proposed Road Capital ImprGvmne,Ybt PlAn�CIPV hA&gndad Five Ydar Work PI an ffYWP}: Improvements + Eck Cat Road it Limbed M(ha CIP to ba wiftmd to&Ears ittrm Mc6rllllars Road to Ustick Road between 2021 and 2025 • The intaraectipn of Mcdulilfan Rued and E3iack Cat Road is listed in the CIP to he eeccmauucted as a mulll•tane mundaboul wdh 4-lanes on the rronh leg.4-lanes an the south,2•lenes oast, and 24anes on the west Eeg,anil nxoorrstruclad between 202B end 2030. The mnE&sacbm of UsLm%Road and Black Cat Roped Is Fasted In the C IP to be reconstructed as a dual4ene roundabout with 44anes an the rwrih leg,4aanas an the south,44anes east, and 44anes an the west log.sno reoonslrudad between 2021 ana 2025. A dedicated northbound right-turn lane&dedicated southbound left-turn lane is required to be constructed on Black Cat Rd.at Bell Tower Dr. &San Remo St. as recommended in the TIS. Fire Service • Distance to Fire Station 2 miles • Fire Response Time Falls within 5 minute response time goal - • Resource Reliability 76%-target goal is 80%or greater—does not meet the targeted goal • Risk Identification 2—current resources would not be adequate to supply service to this project • Accessibility Project meets all required access,road widths and turnarounds. • Special/resource needs Project will require an aerial device;response time is 12 minutes travel time- can't meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to Police 6.5 miles Station • Police Response Time Just under 5 minutes from Police Dept.;response time goal for emergencies is 3-5 minutes. • Calls for Service 283 (within a mile of site between 3/l/2019-2/29/2020) MM • Accessibility No concerns • Specialty/resource needs No additional resources are required at this time. • Crimes 28(within a mile of site between 3/l/2019-2/29/2020) • Crashes 19(within a mile of site between 3/l/2019-2/29/2020) • Other The MPD can provide service if this development is approved as they already serve this area. West Ada School District �nrollrrient capml • Distance(elem,ins, Um la N DU hs) wessent 41iew Elementary Y a 675 9 kbpW • Capacity of Schools Slat Middle Sehool 542 loan 63 • #of Students fferldiep Nigh School a961 7404 4.0 Enrolled Que to the abundant amoLmt of growth In the area.West Ada Is aetlyely hulldeng new school$,and bpwudaries an always rha+ ft.These future studtmu5 could poltntially 8.tler4 Owyhee 141�h School, • Estimated#of 110 (NE)+40(SE)= 150 students from this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North Black Cat Trunk Shed • Estimated Project Sewer See application ERU's Page 3 Meridian City Council Meeting Agenda July 28,2020— Page 145 of 247 • WRRF Declining 13.92 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns The water main in N.Joy Way(furthest east road)should be a 12-inch.In addition,the water main in N.Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Rd.with the second hase of the development. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend 0 Projeot Lfl afK:or Project Lcocr* Ps ii 8eriti R TIE • Page 4 Meridian City Council Meeting Agenda July 28,2020— Page 146 of 247 Zoning Map Planned Development Map Legend C-00 -Legend -- 0 0 ff ff Proyect Lacainon IetProject Lccasor R- i Ci9y LlrniEs R-1 _ +- I — Planned Parcels R- R-N R- RU T' - R- C: L - R x---- RU R- R9 R'' III. APPLICANT INFORMATION A. Applicant: Brighton Development, Inc.—2929 W.Navigator#400,Meridian, ID 83642 B. Owner: Quenzer Farms, LLLP—3680 N. Black Cat Rd., Meridian, ID 83646 C. Representative: Michael D. Wardle,Brighton Corporation—2929 W.Navigator#400,Meridian,ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 5/29/2020 7/10/2020 newspaper Notification mailed to property owners within 300 feet 5/26/2020 7/8/2020 Applicant posted public hearing 4/22/2020 7/15/2020 notice on site Nextdoor posting 5/27/2020 7/8/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the western 50+/-acres of the property as Medium Density Residential(MDR)and the eastern 41+/-acres as Mixed Use— Non-Residential(MU-NR). A City Park is also conceptually designated on the FLUM in this general area. Page 5 Meridian City Council Meeting Agenda July 28,2020— Page 147 of 247 The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The purpose of the MU-NR designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted in Figure 3E in the Comprehensive Plan(see page 3-18). Transportation: The Master Street Map(MSM) depicts a collector street from W. McMillan Rd. to the project's north boundary near the northeast corner of the site and a multi-lane roundabout at the mid-mile on Black Cat Rd. The Map depicts a future east/west collector street near the half mile on the west side of Black Cat. A collector street(San Remo St./N. Joy Way) is proposed from N. Black Cat Rd. to the north boundary in accord with the MSM. ACHD is not requiring a roundabout be constructed at this time as they feel it's not warranted based on the Traffic Impact Study(TIS) although additional right-of-way(ROW) is required to be dedicated to accommodate the future construction of the multi-lane roundabout. Proposed Development: The Applicant proposes to develop 66.35 acres of the subject overall property with 186 single-family detached dwelling units at an overall gross density of 2.8 units per acre; and 20.09 acres with non-residential/commercial uses to be determined in the future consistent with the FLUM. The eastern 18 acre residential portion of Quartet Northeast is located within the MU-NR designated area,which is a non-residential designated area that provides approximately a'/4 mile separation and buffer to the City's wastewater facility.Because the FLUM is not parcel specific,the Applicant requests the MDR designation on the western portion of the property is extended to the collector street(N.Joy Way), which bisects the eastern portion of the property.The portion of the property east of the collector street is proposed to be zoned C-G and developed with non-residential/commercial uses. Because the collector street will provide a"break"to future non-residential/commercial uses similar to that shown on the concept diagram for MU-NR designated areas included in the Comprehensive Plan (see Figure 3E on pg.3-18), Staff is amenable to this proposal if deemed appropriate by City Council. Staff does have concerns with residential uses in such close proximity to the Wastewater facility as foul odors are a concern in this area,thus the reason for the"non-residential"designation.For this reason, residential may not be a compatible use in this area.City Council should make this determination.Note: The Public Work's Dept. anticipates doing a noise%dor study later this year to determine the current impacts of the facility on adjacent properties, which may change the boundary of the MU-NR designated area. The Park's Dept. is not pursuing a City park in this location at this time; however,the non- residential/commercial lot(Lot 1,Block 14) on the east side of the collector street adjacent to the wastewater facility may be considered for a potential park site with a future development application on that property. Prior to any development occurring on this lot,the Applicant should coordinate with the Park's Department to determine if a City park is needed in this area. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type is proposed in this development (i.e. single-family detached). The residential developments in this vicinity also contain standard single-family detached homes.Because this site is in close proximity to the City's Wastewater Resource Recovery Facility, Staff does not recommend a mix of housing types is provided as it would likely increase the density in this area, which is not desired. Page 6 Meridian City Council Meeting Agenda July 28,2020— Page 148 of 247 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) Only one housing type is proposed in this development(i.e. single-family detached); the minimum lot size proposed is 6,866 with an average lot size of 9,145 square feet, which will accommodate a variety of housing styles consisting of I-and 2-story units. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential development is compatible with other residential and agricultural uses in the area; the future non-residential/commercial development should be compatible with the existing Wastewater facility to the southeast. The proposed residential uses in the MU-NR designated area may not be compatible with the Wastewater facility. The Public Work's Dept. anticipates doing a noise%dor study later this year to determine the current impacts of the facility on adjacent properties, which may change the boundary of the MU-NR designated area. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities." (2.02.01A) Segments of the City's multi-use pathway system are proposed off-site along the north boundary of the Five Mile Creek and along the east side of the proposed collector street in accord with the Pathways Master Plan. Detached sidewalks are proposed along the arterial and collector streets for safe pedestrian access. Usable open space and quality amenities are proposed(see detailed analysis below in Section VI.B). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems; services are proposed to be provided to and though this development in accord with current City plans. • "Discourage residential land uses in close proximity to the Wastewater Resource Recovery Facility,the Intermountain Gas Facility on Can-Ada Road, and other incompatible land uses." (3.06.02E) The eastern 18 acre portion of the site in Quartet Northeast is within the MU-NR designated area on the FLUM, which is in close proximity to the wastewater facility. The expansion of residential uses in this area may not be compatible with the wastewater facility due to odors associated with the facility. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The proposed project is located in part of a larger "enclave"around the City's wastewater facility; development of this property will assist in maximizingpublic services. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Page 7 Meridian City Council Meeting Agenda July 28,2020— Page 149 of 247 Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) The proposed development plan is generally consistent with the City's vision in terms that medium density residential and non-residential uses are proposed;public services can be provided and infrastructure will be extended with development. • "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) A collector street(San Remo St./N.Joy Way) is proposed from N. Black Cat Rd. that stubs to the north for future extension to McMillan Rd in accord with the MSM, which depicts a collector street from McMillan Rd. to the northeast corner of the proposed residential development. • "Plan for and allow land uses surrounding the Wastewater Resource Recovery Facility that reduce human exposure to odors."(4.10.01A) The residential uses proposed on 18 acres in Quartet Northeast in the MU-NR designated area may expose humans to odors associated with the wastewater facility. • "Coordinate with developers, irrigation districts, and drainage entities to implement the proposed pathway network along canals, ditches, creeks,laterals and sloughs."(3.08.02B) A 10 foot wide multi-use pathway is proposed along the north side of the Five Mile Creek adjacent to the south boundary of the Quartet Northeast preliminary plat on NMID's property. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in a larger enclave area around the City's wastewater facility and is not on the fringe. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation if City Council determines an extension of the MDR designation on the abutting 18 acres of land to the east is appropriate for the area currently designated MU- NR. VI. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation&Zoning: The Applicant proposes to annex a total of 90.99 acres of land between the two subdivisions with R-8 (70.68 acres)and C-G(20.31 acres) zoning consistent with the associated MDR and MU-NR FLUM designations in the Comprehensive Plan as discussed above in Section V. At the request of the City,the Applicant included the 0.97 acre out-parcel at the southwest corner of the Quartet Northeast subdivision where a sewer lift station is located in the annexation boundary. The single-family residential and future non-residential/commercial uses planned to develop on this site are consistent with uses desired in this area as discussed above in Section V. A conceptual development plan was not submitted for the non-residential/commercial lot proposed to be zoned C-G;the Applicant states this lot will be the subject of future discussion with the City regarding a potential park site as depicted on the FLUM or consideration of other potential buffer uses determined by the results of the Public Work's noise/odor study. Page 8 Meridian City Council Meeting Agenda July 28,2020— Page 150 of 247 The annexation area is within the Area of City Impact Boundary(AOCI). Legal descriptions for the annexation area are included in Section VIII.B; separate descriptions were submitted for each of the preliminary plat applications. 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 IX.The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. The Record of Survey depicted in Section VIII.A should be approved by Ada County and recorded prior to approval of the annexation ordinance and the Development Agreement for this project. Additionally,as a provision of the Development Agreement,Staff recommends the Applicant is required to coordinate with the Park's Dept.prior to development of the C-G zoned portion of the site on the east side of the collector street to determine if a City park is needed in that area. B. Preliminary Plat: Two separate preliminary plats, Quartet Northeast and Quartet Southeast, are proposed due to land owned by NMID containing the Five Mile Creek bisecting the two properties. Because both plats are proposed to develop and be marketed as one overall project, Staffs analysis is based on the overall project. Quartet Northeast consists of 137 buildable lots(136 residential and 1 commercial), 19 common lots,and 2 other lots on 66.52 acres of land in the R-8 and C-G zoning districts; and Quartet Southeast consists of 50 buildable lots and 10 common lots on 19.92 acres of land in the R-8 zoning district. Overall, a total of 186 residential buildable lots, 1 commercial buildable lot,29 common lots and 2 other lots are proposed between the two subdivisions. The minimum lot size proposed overall is 6,866 square feet(s.f.)with an average lot size of 9,145 s.£.;the gross density overall is 2.8 units/acre with a net density of 4.76 units/acre. The subdivision is proposed to develop in three(3)phases as depicted on the plat(see Section VIII.C). The first two phases are located along N. Black Cat Rd.with the third and final phase on the eastern portion of the site. Existing Structures/Site Improvements: There is one existing home and accessory structures within the boundary of each preliminary plat that are proposed to remain on Lot 11,Block 7, Quartet Southeast and Lot 2,Block 1, Quartet Northeast subdivision. All existing accessory structures that don't comply with the setback standards listed in UDC Table 11-2A-6 should be removed prior to the City Engineer's signature on the final plat on the phase in which they're located. The existing homes are required to disconnect from private service and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively.Existing wells may be used for irrigation purposes only. The addresses of these homes will also be subject to change with subdivision of the property. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2.Allowed uses in the C-G district are listed in UDC Table 11-2B-2. Although some residential uses are allowed in the C-G zoning district per UDC Table 11-2B-2, Staff recommends as a provision of the DA that no residential uses be developed on the non- residential/commercial C-G zoned lot on the east side of the collector street,including but not limited to, a multi-family development, a vertically integrated residential project,and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. Page 9 Meridian City Council Meeting Agenda July 28,2020— Page 151 of 247 Dimensional Standards (UDC 11-2): Development of the subject property is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and 11-2B-3 for the C-G district. Subdivision Design and Improvement Standards (UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and easements. There are two(2)common driveways proposed on common lots(i.e. Lots 10 and 16,Block 1); such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement 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. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Access(UDC 11-3A-3) One(1)collector street(San Remo St./N.Joy Way)access is proposed in Quartet Southeast and one(1) local street access is proposed in Quartet Northeast via N. Black Cat Rd. The collector street is proposed to stub to the north at the northeast corner of the site for future extension to W. McMillan Rd. Local stub streets are proposed to the north and south to adjacent properties for future extension as depicted on the preliminary plats in Section VIII.C. Direct lot access via the arterial(Black Cat Rd.) and collector(San Remo St/N. Joy Way) streets is prohibited; the existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1 Quartet Northeast subdivision shall be removed and access taken from Belltower Dr. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd.in the location where the collector street is proposed is required to be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. Because N.Joy Way is proposed to stub at the north boundary and is longer than 150'without a Fire Department approved turn around,the Fire Dept. requests a Type III barricade is placed at the intersection of N.Joy Way and Grand Rapids Dr.to prevent access until the street is extended in the future.The construction drawings should be revised to include this change.As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. Parking for non-residential uses is required per the standards listed in UDC 11-3C-6B.1. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the north side of the Five Mile Creek; and along the north and a short portion of the east side of the Quartet Northeast property. The Applicant proposes to construct an off-site 10-foot wide multi-use pathway along the north side of the Five Mile Creek and a detached 10-foot wide sidewalk/multi-use pathway along the east side of the collector street(N. Joy Way),north of the creek,to the north boundary of Quartet Northeast per discussions with the Park's Department. Legal descriptions for the pathway alignments (14-feet wide) Page 10 Meridian City Council Meeting Agenda July 28,2020— Page 152 of 247 should be submitted to the City in order for the pathways to be added to the City's Master Pathways Agreement. The pathway proposed on NMID's property will require a license agreement with NMID for the pathway and associated landscaping required by UDC 11-311-12C. The UDC (11-3B-12C) requires a 5-foot wide landscape strip to be provided along each side of the pathway,landscaped with a mix of trees,shrubs,lawn, and/or other vegetative groundcover.A minimum of one trees is required per 100 linear feet of pathway; the calculations table included on the landscape plan does not include the linear feet of pathways or trees proposed to demonstrate compliance with this requirement—the revised plan submitted with the final plat application should include this information. If NMID does not approve the pathway and associated landscaping to be located on their property, the pathway should be provided in a minimum 20-foot wide common lot within Quartet Northeast subdivision within a 14-foot wide public pedestrian easement. Staff recommends pedestrian pathways are provided from the internal sidewalks along Miramente Ct. and Miramente Dr.through adjacent common areas to the multi-use pathway along the Five Mile Creek; and micro-pathways are provided through Lot 10,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. All pathways shall be constructed in accord with the standards listed in UDC 11-3A-8 and the Pathways Master Plan. Sidewalks(UDC 11-3A-1 The UDC(11-3A-17)requires, at a minimum, detached sidewalks to be provided along arterial and collector streets and attached sidewalk to be provided along local streets. Detached sidewalks are proposed along all internal streets,except around the cul-de-sacs, and within the street buffer adjacent to N. Black Cat Rd. and San Remo St./N. Joy Way in accord with the standards listed in UDC 11-3A-17. Parkways (UDC 11-3A-1 Eight-foot wide parkways are proposed adjacent to all streets where detached sidewalk are proposed; all parkways are required to be constructed in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N.Black Cat Rd., an arterial street; and a 20-foot wide street buffer is required adjacent to San Remo St./N. Joy Way, a collector street, landscaped per the standards listed in UDC 11-3B-7C, as proposed. Parkways are required to be landscaped in accord with the standards listed in UDC 11-3A-17 and 11-3B- 7C. Landscaping is proposed in accord with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C as discussed above. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards. There are existing trees on the site around the existing homes that are proposed to be retained that may require mitigation if removed. The Applicant should coordinate with Matt Perkins,the City Arborist,to determine mitigation requirements per the standards listed in UDC 11-3B-10C.5 if existing trees are not proposed to be retained on the site.Any mitigation information shall be included in the calculations table on the landscape plan. Page 11 Meridian City Council Meeting Agenda July 28,2020— Page 153 of 247 If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-3B-7C.5.A license agreement for improvements within the right-of-way is required between the property owner and ACHD. Qualified Open Space(UDC 11-3 : A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required to be provided with development. Based on the area of the Quartet Northeast plat(66.52 acres),a minimum of 6.65 acres of qualified open space should be provided.A total of 7.6 acres(or 11.5%)is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(N. Joy Way), internal linear open space and common areas exceeding 50' x 100' in area. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of 1.99 acres of qualified open space should be provided. A total of 3.4 acres(or 17%) is proposed in excess of UDC standards consisting of half the street buffer along the arterial street(N. Black Cat Rd.), all of the street buffer along the collector street(San Remo St./N. Joy Way), and internal linear open space. Qualified Site Amenities (UDC 11-3 A minimum of one(1) qualified site amenity is required for each 20 acres of land to be developed as set forth in UDC 11-3G-3. Based on the area of the Quartet Northeast plat(66.52 acres),a minimum of three(3) qualified site amenities are required to be provided. A community swimming pool, a tot lot containing children's play equipment, one acre of extra qualified open space beyond the minimum standards and segments of the City's multi-use pathway system are proposed in excess of UDC standards. Based on the area of the Quartet Southeast plat(19.92 acres),a minimum of one(1) qualified site amenity is required to be provided. An additional 1.41 acres of qualified open space beyond the minimum standards is proposed as a site amenity in accord with UDC standards. Because Quartet Northeast and Southeast subdivisions will develop as one and be under the same Homeowner's Association, and common open space and site amenities will be shared, Staff believes the proposed open space and site amenities are adequate for the development with the inclusion of the micropath connections as recommended above. Waterways(UDC 11-3A-'U"I: The Creason Lateral runs across the eastern portion of the north boundary of Quartet Northeast subdivision in Lot 34,Block 4 within a 40-foot wide easement and is proposed to be left open. Because this area is included in the qualified open space calculations for the site,it should be landscaped per the standards listed in UDC 11-3G-3E—no landscaping is depicted on the landscape plan for that area. The Five Mile Creek is contained within land owned by NMID that lies between the two proposed preliminary plats. The creek should be protected during construction. A portion of the site is within the Five Mile Creek floodplain in an approximate(A)zone which will require a floodplain permit application,including hydraulic and hydrologic analysis to define base flood elevations and a floodway prior to any development occurring in the overlay district—contact Jason Korn,Public Work's,with any questions. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is proposed as shown on the landscape plan. Page 12 Meridian City Council Meeting Agenda July 28,2020— Page 154 of 247 Six-foot tall solid wood fencing is proposed along the perimeter boundary of the site and along side yards adjacent to the street; and 5-foot tall clear vision fence is proposed adjacent to most internal common open space areas. To provide more visibility of the common area on Lot 34,Block 4 where the Creason Lateral is located, Staff recommends fencing adjacent to the common lot complies with the standards listed in UDC 11-3A-7A.7. The Creason Lateral is required to be fenced with an open vision fence at least 6' in height and having an 11-gauge,2"mesh or other construction,equivalent in ability to deter access to the waterway.If the Applicant can demonstrate to the satisfaction of the Director that the waterway serves as or will be improved as a part of the development to be a water amenity as defined in UDC 11-1A-1,it is not required to be fenced per UDC 11-3A-6C.If it's improved as a water amenity, construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. Staff recommends a break in the fence is provided on the south side of Lot 8,Block 6 adjacent to the Five Mile Creek for pedestrian access to the multi-use pathway. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. Irrigation: Underground,pressurized irrigation water is required to be provided for each and every lot within the development in accord with MCC 9-1,Water Use and Service. Irrigation water will be provided from the Nampa&Meridian Irrigation District. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted several conceptual building elevations for the proposed single-family detached homes planned to be constructed in this development which are included in Section VIII.F. Homes depicted are a mix of 1-and 2-story units with building materials consisting of a variety of siding styles with stone/brick veneer accents.No elevations were submitted for the non-residential/commercial portion of the development as no development is proposed at this time. Because 2-story home elevations that face arterial and collector streets are highly visible, Staff recommends as a provision of the DA that the rear and/or side of structures on lots that face N. Black Cat Rd.,an arterial street, and San Remo St./N.Joy Way,a collector street,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. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility and the non- residential/commercial portion of the development. Design of these structures is required to comply with the design standards listed in the Architectural Standards Manual.Design review is not required for single- family detached homes. VII. DECISION A. Staff: If the City Council determines extending the MDR FLUM designation further to the east as proposed is appropriate, Staff recommends approval of the requested annexation and zoning with the requirement of a Page 13 Meridian City Council Meeting Agenda July 28,2020— Page 155 of 247 Development Agreement and approval of the requested preliminary plats with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 18,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Mike Wardle,Brighton Corp. (Applicant's Representative),Jon Wardle, Brighton Corp_ b. In opposition: None c. Commenting:None d. Written testimony: Carrie Hovey e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Concern pertaining to traffic &safety of existing 2-lane roadways and the amount of development occurring in this area which is worsening the situation and impact of more development on area schools—would like these applications to be rejected or at least postponed until road infrastructure and schools can be prepared to handle the additional impacts. 3. Key issue(s)of discussion by Commission: a. Concerns pertaining to growth and traffic and the adequacy of existing infrastructure to handle more development until improvements are made in this area; IL. The option of requiring the noise/odor study to be complete prior to development of Phase 3 to determine if residential uses are appropriate in the area current MU-NR designated area. 4. Commission change(s)to Staff recommendation: a. Modification to condition#B 1.2 to require the water main in N.Joy Way to continue south through Quartet SE to provide a 2nd connection out to Black Cat Rd. with the 2nd phase of development, instead of the 1 st phase, as recommended by Staff. 5. Outstanding issue(s)for City Council: a. None Page 14 Meridian City Council Meeting Agenda July 28,2020— Page 156 of 247 VIII. EXHIBITS A. Record of Survey for Property Boundary Adjustment in Ada County(Not-Approved/Recorded) Ji �� �J -. 3 I z � t ti 3 5 8a SLW .� p -n zi I� Etc FYe F I JhF ki s � . , Page 15 Meridian City Council Meeting Agenda July 28,2020— Page 157 of 247 B. Annexation Legal Description & Exhibit Map Quartet Northeast: lum 9233 WEST STATE STREET I SOISE,ID 83714 1 209.639.6939 1 FAX 208.639.6930 Aprll 10,2020 Project No.19-010 Exhibit A legal Dewription for Annexation Quartet Northeast A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 of Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as Follows: Commencing at a brass cap marking the Northwest corner of said Section 34,which bears NOU'27'24"F a distance of 2,631.60 feet from an aluminum cap marking the West 1/4 corner of said Section 34,thence fallowing the westerly line of said Northwest 1/4,500'27'24W a distance of 1,315.80 feet to the North 1/16 corner of said Section 34 and Section 33 and being the POINT OF BEGINNING. Thence leaving said westerly line and following the northerly line of said South 1/2 of the Northwest 1/4,589'26'06"E a distance of 2,647.62 feet to an aluminum cap marking the Northeast corner of said South 1/2 of the Northwest 1/4(C-N 1/16 corner); Thence leaving said northerly line and following the easterly line of Said South 1/2 of the Northwest 1/4, 500°43'47"W a distance of 1,323.39 feet to a 518-inch rebar marking the center of said Section 34; Thence leaving said easterly line and following the southerly line of said Northwest 1/4,N89'16'14"W a distance of 1,129.66 feet to the centerline of Five Mile Drain; Thence leaving said southeFly line and following said centerline the fallowing eight (9)courses: 1. N38'17'55"W a distance of 133.84 feet; 2. N45'51'55"W a distance of 134.69 feet; 3. N73'28'41'W a distance of 107.91 feet; 4. N79'57'01"W a distance of 202.45 feet; 5. N77'05'23"W a distance of 11210 feet; 5. N79'05'40'W a distance of 325.25 feet; 7. N78'22'23"W a distance of 307.52 feet; 8. N78'15'35"W a distance of 100.49 feet; Thence leaving said centerline.N00'27'24"E a distance of 236.72 feet; Thence N89'32'3VW a distance of 195.00 feet to the westerly fine of said Northwest 1/4; Thence following said westerly line,N00'27'24"F a distance of 654.43 feet to the POINT OF BEGINNING. Said parcel contains a total of 68.735 acres,more or less. K Attached hereto is Exhibit B and bVthis reference is hereby made a part of. *y4* a ', 1459 0 IV. OF % dq to•za zc7 ENGINEERS I SURVEYORS I PIANNFRS Page 16 Meridian City Council Meeting Agenda July 28,2020— Page 158 of 247 0 w r- cn N LL Kt WNN6 m m 'pd "1?11!WaW 'm 0 IOR oHnS o Q) 6p }t L LO 43 2 W 44 r V O 0e y Q .Z9'Lti9L 3.5d,9L.685 .5: C � i U CO41 ra o Lp a m OF o p X L 1-0 4 W m N t-'J N Z d IS7 i,A w Z ow mp g „, t 0 `� 3 a n Z z ¢ 0 ct ap m m N �O n1 Y m Z r 9 Z z m a VI ri ,'�- N d c� F- z N Q rv- Q O ^'� mra om+O N'n N Z y7 M ['V Lti u'7 U C VS V7 [.1 x n n t? it in ¢. ++ en 7 I �n g n �N mr �m n fl mLn 6 N y 1.4 'I(�I(77 C N z �{ E1 I Z N Z IA ���y �M Z � M LU Ln z � ,G9'OZE� N4„9l,91.�9N m �O iC 7 ar 2 2 3Uw o qi iL. U N �I Page 17 Meridian City Council Meeting Agenda July 28,2020— Page 159 of 247 Quartet Southeast: Ion 9233 WEST STATE STREE-T I BOI5E,1D 83714 1 208-639.6939 1 FAX 208.639.6930 April 10,2020 Project No.19-010 Exhibit A Legal Description for Annexations and Rezone to R-8 Quartet Southeast A parcel of land situated in a portion of the North 1/2 of the West 1/2 of the Southwest 1/4 and a portion of the South 1/2 of the!Northwest 1/4 all in Section 34,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at an aluminum cap marking the West 1/4 corner of said Section 34,which bears 500°27'24"W a distance of 2,631.60 feet from a brass rap marking the Northwest corner of said Section 34,thence following the westerly line of said Northwest 1/4,N00°27'24"E a distance of 450,24 feet to the centerline of Five Mile ❑rain; Thence leaving said westerly line and following said centerline the following nine(9)courses: 1. S83°53'03"E a distance of 33.19 feet; 2. 578°15'35"E a distance of 265.65 feet; 3. S78°22'23"E a distance of 307.52 feet; 4. 579°05'40"E a distance of 326.25 feet; 5. S77°05'23"E a distance of 112.20 feet; 6. 579°57'01"E a distance of 202.45 feet; 7. 573'28'41"E a distance of 107.81 feet; 3. 546°51'55"E a distance of 134.69 feet; 9. 538'17'55"E a distance of 133.84 feet to the southerly line of said Northwest 1/4; Thence leaving said centerline and following said southerly line,N89"16'14"W a distance of 191-01 feet to a 5/8-inch rebar marking the Northeast corner of said West 1/2 of the Southwest 1/4(C-W 1/16 corner}; Thence leaving said southerly line and rollowing the easterly line of said West 112 of the Southwest 114, $00°35'24"W a distance of 25.93 feet; Thence leaving said easterly line,60,97 feet along the arc of a circular curve to the left,said curve hawing a radius of 517.00 feet,a delta angle of 06°45'23",a chord bearing of 547'09'17"W and a chord distance of 60.93 feet; Thence S43'46'36"W a distance of 306.45 feet; Thence 423.64 feet along the arc of a circular curve to the right,said curve having a radius of 520.00 feet,a delta angle of 46"40'43",a chord bearing of 567"06'57"W and a chord distance of 412-02 feet; Thence N89°32'41"W a distance of 589.03 feet; Thence 545°27'19"W a distance of 29A9 feet; Thence 500°27'12"W a distance of 79.36 feet; Thence N89"32'48"W a distance of 78.00 feet to the westerly line of said Southwest 1/4; Thence following said westerly line,N00°27'12"E a distance of 560.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 22.26 acres,more or less. rd Attached hereto is Exhibit B and by this reference is hereby made a part of. R' o 1245►9 o � a? OF . t� L TBI ENGINEERS 4 SURVEYORS I PLANNERS 41-10-Z07.0 Page 18 Meridian City Council Meeting Agenda July 28,2020- Page 160 of 247 28 2-j W. McMillan Rd. 33 34 FOUND BRASS CAP NORTHWEST CORNER SEC71oH 34 0 125 250 500 N Scale: 1"=25Q' Unplatted SE053'03"E " 33.19' — S78'15'35"E 265.65' 578'22'23"E 307.52' S7705'40"E w 32$.25' Ce S77'05'23"E 112.20' S79'57'01'E Mile Dr , 202.45' z a117 S73328'41'E M 107.81` S46'51'55"E SE-43423392 U \134.69' POINT OF BEGINNING 53U-17'55'E FOUND ALUMINUM CAP 133.04' 33 wEST ir4 CORNER SECTION 34 SOO'35'24"W 34 25,93' — Annexation Area. 22.26±AC. ca N89'18'14,W Current Zoning: RUT 191A1' Proposed Zoning: R-8 ,yam` c--w 1/16 SO434325860(Portion'I &SO434234020(portion) SEC TON 34 ryro to m"U o I i� `e S4527'19"W p"I m 29.19, IUnplatted a rn r m N5732'41"W 589.03' G z s00'27'12"W 79,36' is oo 48')hf U np latted FOUND ALUMINUM CAP SW CORNER SECTION 34 33 34 T.4N., R.1W.W, McMillan Rd. T.3N., R.JW. — — �pl. LANq LEGEND '�� is FOUND BRASS CAP ; FOUND ALUMINUM CAP 12459 '0 kin �} 5/8—INCH REBAR rnj �O A CALCULATED POINT ¢,� �T£ 4I l4� 4a ANNEXATION & REZONE 6OUNDARY 'P4q► B N\- ENGFNEERS.SURVEYORS.PLANNERS ' -SECTION LINE • h, 7,0 9233 W EST STATF STREET NOISE,IDARO83714 YFFF]!LE(209)639 E939 FAX 12P8)639-6936 Exhibit B Annexation and Rezone FATE' ApriF 2a2o PROJECT- 19-014 SHEET: Quartet Southeast Subdivision 1 OF 1 N1/2 W1/2 SW1/4 &51/2 NW1/4 Sec. 34, T4N, R1W, B.M., Ada County, ID Page 19 Meridian City Council Meeting Agenda July 28,2020— Page 161 of 247 City Lift Station Lot: lam 9233 WEST STATE STREET I BOISE,ID 83714 I 208.639,6939 I FAX 208.b39.6930 April 20,2020 Project No.19-010 Exhibit A Legal Description for Annexation and Rezone to R-8 City of Meridian Parcel A parcel of land situated in a portion of the Southwest 1/4 of the Northwest 1/4 all in Section 34, Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a brass cap marking the northwest corner of said Section 34,which bears N0a°27'24"E a distance of 2,631.60 feet from an aluminum cap marking the west 1/4 of said Section 34,thence following the westerly line of said Northwest 1/4,S00°27'24"W a distance of 1,990.23 feet to the POINT OF BEGINNING. Thence leaving said westerly line,S89'32'36"E a distance of 195.00 feet to a 5/8-inch rebar; Thence 500'27'24"W a distance of 236.72 feet to centerline of Five mile Drain; Thence following said centerline, N78'15'35"W a distance of 165.16 feet; Thence following said centerline, N83°53'03"W a distance of 33.19 feet to the westerly line of said Northwest 1/4; Thence leaving said centerline and following said westerly line, N00°27'24"E a distance of 201.13 feet to the POINT OF BEGINNING_ Said parcel contains a total of 0.974 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. T 12459 Q a Ar � OF 1gN, L, BALti'� ENGINEERS I SURVEYORS II PLANNERS Page 20 Meridian City Council Meeting Agenda July 28,2020— Page 162 of 247 28 27 W. McMillan Rd. 33 34 POINT OF COMMENCEMENT N FOUND BRASS CAP NW CORNER SECT]ICN 34 I� M 0 ro I 0 56 100 200 I� N N Scale: 1"=100' b 0 POINT OF BEGINNING S89'32'36"E 195.Ofl' Z LEGEND j" FOUND BRASS CAP FOUND ALUMINUM CAP o `' ���a• 5/8—INCH REBAR N t+�x3� � � 3 b qC ISM Ct A CALCULATED POINT $ N BQUNNDG4ATRIY & REZONE N83'53'03"W 76�FFjve 33.19' Mile [rail? Uf U N LAft S x � o 12459 33 34 `r�gTf �0 4 O1�k CORNER SECTION 34 ALUMINUM � ���OF 1�`9 ENGINEERS.SUAVEVORS.PU4NNER5 NEST �"� .�� 9233 5NE5T STATE 51REET B046,IDAHO33714 PHONE P03)639-693R FAX(209)639-69-M Exhibit B Annexation and Rezone to R-8 DATE: Apr'12000 PROJECT: 19-0M SHEET: City of Meridian Parcel -4130 N. Black Cat Rd. 1 OF 1 5W 1/4 NW 1/4 Sec. 34, T4N., R1W., B.M.,Ada County, Idaho Page 21 Meridian City Council Meeting Agenda July 28,2020— Page 163 of 247 C. Preliminary Plat(date: 1/31/2020)&Phasing Plan Quartet Northeast: QUARTET HORTHEMTSU&9 micHN PRE UMIr#ARYPLAT 1 h I1+dA{14411h4151RLL7F0IL THk 5SH 11H lf144 CHI wQrl7rrM'jT 111[II:IlCN loihwHrl l wffrK m*r.1 lw[Lr im Dr L■■OAN.JLh mu".EAAD °_n r ■ r I'. x41 a ad.a witi"f� FF �� V ■ 1{ R A P s n x 'r Y -� IRA a =w--- '_-' - -- - _ ulu.rrT.urn■�aTxe,.wl -��r,��~ ki I ' S olw[er w.lrnun xe=nrv'�t Page 22 Meridian City Council Meeting Agenda July 28,2020— Page 164 of 247 Page 23 ------ -- ii i r I r dp ee •f m nurwr.Tlrarr.�,ra5y�r.Yun. Quartet Southeast: QUARTf7$0�]T PAST$4JHINVISION PR9�1MiNARY PLAT x{wnL tIP.WG YNAPPD IN A h3lgIG,a Trlk Yxnn Ej2 or tmE n3k!hmIST V4 I 4ND PMTIDM OF THE WEST W Ex THE 9OUNWEM 1ACry 9CrK 43t 1OWN NIFi II OWN.IVIR I MTSr,On O 46ILRI UM,ADA WIR,rY,VANa LLL - i YFI?wiR '. sB Fas szz r�MlTFT rJf.{,{$!SI.TQI.AMN Page 24 Meridian City Council Meeting Agenda July 28,2020— Page 166 of 247 1 rSii I gwrnTs<zmruTwor.,al - - — -IL�— w,,I =. . 41 i "m � � --r � Y - �w,ei iOurxEul wedwHOM — = ,. Page 25 Meridian City Council Meeting Agenda July 28,2020— Page 167 of 247 Phasing Plan: V,J,IT IL Air- IX 104 vt- IYI Puoe20 ---------- Meridian City Council Meeting Agenda July 28.2O20— Page 1oeofz4r D. Landscape Plan(date: 1/30/2020) Quartet Northeast: .S � I i I' 4 r k ;i • III 04LWWt6 _ aurl OLINIRT MOB OM d FORfS3F R AN — Page 27 Meridian City Council Meeting Agenda July 28,2020— Page 169 of 247 'I F.:JYh. ' .. � !am � r r is.. r•. I _ 4 'k :::.....ti......ii.. I . r I _ ]—ttllI NGF IIi[Wl Y..8iJh51G4 t� w� Ed �y 3 Quartet Southeast: *31141 WL I I I I' I HTON CIWIMN..LFI rl'SSr Page 28 Meridian City Council Meeting Agenda July 28,2020— Page 170 of 247 f 7 li � i I 'I I i i i v i _ .{ '1.' M1llll OFp llb SSE _ rE-F.�.a6-�_T� yi aT.LZ1.�L�TL0ig1� p ..493 _ y'� Y_'.Lrd•�� -_— _• •pQ•�'�.t.�7/ ILTI''•: 3�f,S^'I .r� �r $ air--•� .._ — , GI,, M— — ��'� .._ — RUulk?SJlRxE+ff LklCnMUY - x i• I .. o n=Lj:r -•- - waoacu�alail '-as��`a.r Rlf C Page 29 Meridian City Council Meeting Agenda July 28,2020— Page 171 of 247 E. Qualified Open Space Exhibit(dated: 6/11/2020) Quartet Northeast: ` (WAKrtt NOR"AST SV60MS10fe CW[N SPACE EXHIW GLYAM �T Quartet Southeast: "RTIET SOME AST SU601 V151014 OPEN SPACE MOM oaan x+�xazo m�w� Page 30 Meridian City Council Meeting Agenda July 28,2020— Page 172 of 247 Q#"IA�3ZL'�'�U$#11Y1610!! -� �' ia �rl i■ y � - - �y�■■� � pro po � - - QfJARTET 4MHMTYIMC N QUA � it .. TT3FI All. as amsmit1w, WSW J L $ifs I TO vut ' QE A-WrE.i&LrLDrW SLOM T rrr•exL Qrrwrraur-;.F ' �.+' a� •� Ii u 11 '_ �� �el �A In:, — -e��l �r_ 11 41■�1 — 'fd. RA IF•{11 X'S' 5 BRIGHTON B 1[��17�1T�1 " IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The Record of Survey depieted in Seetion A1111.A shall be ftpffoved by Ada County and meor-ded pr4or to City Couneil appFoval of the Annexation Ordinanee and Development Agreement for- The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan, qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing homes that are to be retained on lots in the proposed subdivision are required to disconnect from private systems and hook up to City water and sewer service within 60 days of such services becoming available as set forth in MCC 9-1-4 and 9-4-8 respectively. Existing wells may be used for irrigation purposes only. c. The existing homes to be retained on lots in the proposed subdivision will be assigned new addresses with subdivision of the property. d. The Five Mile Creek shall be protected during construction. e. No residential uses shall be developed on the non-residential/commercial C-G zoned lot on the east side of the collector street, including but not limited to, a multi-family development, a vertically integrated residential project, and/or a nursing/residential care facility unless a subsequent Noise and Odor Study conducted by the City determines residential uses are appropriate in that area. f. The Developer shall coordinate with the City Park's Department prior to development of the non-residential/commercial lot on the east side of the collector street(N.Joy Way)to determine if a City Park is needed in this area as designated on the Comprehensive Plan. g. The rear and/or side of structures on lots that face N. Black Cat Rd., an arterial street, and San Remo St./N.Joy Way, 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. h. Quartet Northeast and Southeast subdivisions shall develop and be phased as one project and shall be included in the same Homeowner's Association; all common open space and site amenities between the two subdivisions shall be shared. 2. The final plat(s) submitted for this development shall incorporate the following: a. Include a note stating direct lot access via N. Black Cat Rd. and San Remo St./N. Joy Way is prohibited. Page 32 Meridian City Council Meeting Agenda July 28,2020— Page 174 of 247 3. The landscape plan submitted with the final plat application shall be revised as follows: a. Add pedestrian pathways from the internal sidewalks along Miramente Ct. and Miramente Dr. through adjacent common areas to the multi-use pathway along the Five Mile Creek;provide breaks in the fence where necessary to provide a connection. Also provide micro-path connections through Lot 10,Block 4 and Lot 7,Block 3 for pedestrian interconnectivity within the subdivision. b. Landscaping shall be depicted on either side of all pathways as set forth in UDC 11-313-12C. Calculations shall be included for the linear feet of pathway and the required vs.provided number of trees in the Calculations table. c. If any existing trees are proposed to be removed from the site,the Applicant shall schedule an inspection with the City Arborist,Matt Perkins,prior to removal of any such trees to determine mitigation requirements in accord with the standards listed in UDC 11-3B-1OC.5. Mitigation information shall be included in the calculations table on the plan if applicable. d. If the unimproved right-of-way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the Developer is required to maintain a 10 foot compacted shoulder meeting the construction standards of ACHD and landscape the remainder with lawn or other vegetative ground cover as set forth in UDC 11-313-7C.5. A license agreement for improvements within the right-of-way is required between the property owner and ACHD. e. Depict fencing adjacent to the Creason Lateral as set forth in UDC 11-3A-6C.3 in order to preserve public safety unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case, documentation shall be submitted as set forth in UDC 11-1A-1 and 11-3A-6C.2 for approval by the Director. f. The location of site amenities shall be depicted on the plan; a detail shall be submitted for the children's play equipment. g. Depict landscaping in Lot 34,Block 4 in accord with the standards listed in UDC 11-3G-3E. h. Depict fencing on Lot 34,Block 4 where the Creason Lateral is located per the standards listed in UDC 11-3A-7A.7 to provide more visibility of the common area. i. Depict a 6-foot tall open vision fence having an 11-gauge,2 inch mesh or other construction equivalent in ability to deter access to the Creason Lateral on Lot 34,Block 4 in accord with the standards listed in UDC 11-3A-6C.3 unless the waterway is proposed to be improved as part of the development to be a water amenity. In such case,construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 and 11-213-3 for the R-8 and C-G zoning districts respectively. 5. The bridge across the Five Mile Creek and the gravel fire access road from Black Cat Rd. in the location where the collector street is proposed shall be constructed for emergency access for any development over 30 homes/lots as approved by the Fire Department. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope, and orientation of the lots and structures accessed via common driveways; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. Page 33 Meridian City Council Meeting Agenda July 28,2020— Page 175 of 247 8. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 9. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature; or,this information may be included on the face of the plat. 10. A Type III barricade shall be placed at the intersection of N. Joy Way and Grand Rapids Dr. to prevent access until the street is extended in the future;the construction drawings shall be revised to include this change. As an alternative to a barricade, a Fire Dept. approved turnaround could be provided at the end of the collector street instead. 11. All existing structures that don't comply with the setback standards listed in UDC 11-2A-6 shall be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. 12. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathways proposed within the site that are not located within right-of-way,prior to signature on the final plat by the City Engineer. 13. The existing access via Black Cat Rd. for the home proposed to remain on Lot 2,Block 1, Quartet Northeast subdivision shall be removed. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the swimming pool facility in the residential portion of the development; and for all non-residential/commercial uses. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Applicant to ensure that the depths of the sanitary sewer allows for service of the property to the SE of Quartet Northeast per the Meridian Wastewater Master Plan. 1.2 The water main in N Joy Way(furthest east road) should be a 12-inch. Also,the water main in N Joy Way will need to continue south through Quartet Southeast to provide a second connection out to Black Cat Road with the fit second phase of the development. 1.3 Consider eliminating the short dead-end water main in the cul-de-sac off of Exeter Avenue and Capriana Drive, instead install three services to the three cul-de-sac homes off the mainline in Capriana Drive. 1.4 From the preliminary investigation of groundwater elevation provided in the application, it appears that shallow groundwater may be a factor with the development of this subdivision. Additional monitoring and analysis shall be required to ensure that homes constructed within this development do not encounter groundwater within their crawl spaces. Updated data and recommendations from a geotechnical professional shall be required with the submittal of construction design drawings. 1.5 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District,a floodplain permit application,including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Page 34 Meridian City Council Meeting Agenda July 28,2020— Page 176 of 247 2. General Conditions of Approval—Quartet Northeast& Quartet Southeast 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 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 I I"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to 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. Page 35 Meridian City Council Meeting Agenda July 28,2020— Page 177 of 247 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. 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. 2.23The 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. Page 36 Meridian City Council Meeting Agenda July 28,2020— Page 178 of 247 C. FIRE DEPARTMENT Northeast: https://weblink.meridianciV.org/WebLinkIDocView.aspx?id=187210&dbid=0&repo=MeridianCiU Southeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187211&dbid=0&repo=MeridianCity Phasing: https://weblink.meridiancity.oLv WebLink/Doc View.aspx?id=187133&dbid=0&repo=Meridian City D. POLICE DEPARTMENT https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=187674&dbid=0&repo=MeridianCiU E. PARK'S DEPARTMENT Northeast: https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=190216&dbid=0&repo=MeridianCitX Southeast: No comments were submitted F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) Northeast: https://weblink.meridianciU.oLv WeUink/DocView.aspx?id=188456&dbid=0&repo=MeridianQ Southeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=188457&dbid=0&repo=Meridian City G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=189173&dbid=0&repo=Meridian City H. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) Northeast: https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=188676&dbid=0&r0o=Meridian City Southeast: https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=188675&dbid=0&repo=MeridianCity I. CENTRAL DISTRICT HEALTH DEPARTMENT Northeast: https://weblink.meridianci(E.ofglWebLinkIDocView.aspx?id=187426&dbid=0&repo=Meridian cit E Southeast: https://weblink.meridiancioy.o.-glWebLinkIDocView.aspx?id=187427&dbid=0&repo=MeridianCitE J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Northeast: https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=189529&dbid=0&repo=Meridian City Southeast: https://weblink.meridiancit .00rg/WeUink/Doc View.aspx?id=189614&dbid=0&repo=Meridian City Page 37 Meridian City Council Meeting Agenda July 28,2020— Page 179 of 247 K. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Northeast: https:llweblink.meridianciV.oLvlWebLinkIDocView.aspx?id=187575&dbid=0&repo=MeridianCiu Southeast: h yps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=187574&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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 Commission finds the proposed zoning map amendment to R-8& C-G and proposed development is generally consistent with the Comprehensive Plan and is appropriate if Council approves an extension of the MDR FL UM land use designation to the collector street as proposed and if the Applicant complies with the provisions in Section IX. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed single-family detached homes will contribute to the range of housing opportunities in the City. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IX. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that theproposedplat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use (if Council deems it's appropriate for the MDR designation to extend to the collector street), density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) Page 38 Meridian City Council Meeting Agenda July 28,2020— Page 180 of 247 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section IXfor more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 39 Meridian City Council Meeting Agenda July 28,2020— Page 181 of 247 Mike Wardle Quartet Subdivision’s Presentation 55'l - -- - -�- McMillan Rd J� .- ;: - - tic.._:. - _ _ '•' - All ,� : PROJECT SITE • L Y � •� QUARTET ; :.� � � � ����,.� _'r•� �,�'_ -,.- ; f;,;# f Elm% impz { =NORTHEAST ram' .r . + ;�� �r '• - FUTURE QUARTET SOUTHEAST PHASE ��I� �������� FUTURE :x PHASE . 4 4 / L`.f mob 'I J. ir: boo Iert Ea` ram, I _ . . � • i• �}•m h y.•• . ,, •-r4yl •.. . F~t- .l""...`4i _uJLk.,4 - i.a } - �:t ._ - , MCMILLAN RD MDR MDR --------------- QUARTET NORTHEAST R-s Zone - MU-NR O�G Five4111-E Q QUARTET Lu v �� J SOUTHEAST g g R-8 Zane Z MERIDIAN WWTP IVI D R FIVE MILE CREEK MU-NR a, USTICFL;-i3D. ILL 16 - --- - - ..r': : h+l► .� iY - as _ NFL ME-mm ,k CREASON LATERAL ov QUA TET H • - f L / - _ 1 r Y 1 I f � NON-BUILDABLE LOT C-G Zane !C r#feAsIr. A. 1 on I Il x% f - uartet Others ♦♦ -BRIGHTON PATHWAYS - / ♦♦ C4NCEPTUAL,SUBJECTTfJCHANGE ♦ . 4 IF W 4 3 o or w All TFTT J y1 ii • �- �• T W MCMILLi4N Rp -" - W tOS FLORES ,l Q �1 _ ' W Ra o Cc.1 s . as < W M[(,NTf t] " C Lu - W L014 1,4 OR $ U - s`- - - V �S1 ran su •o?ek - SOURCE - PARKS DEPT 6.3•2020 •gyp. -. �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 7.A. Presenter: Chris Johnson Estimated Time for Presentation: 2 minutes Title of Item - Ordinance No. 20-1886: An Ordinance (H-2020-0030 — McKay Farms Subdivision)for Annexation of a Parcel Located in the NE '/4 of the SE '/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.501 Acres of Land From RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Annexation Ordinance for McKay Farms Council Notes: ATTACHMENTS: Descripti JeWd Date McKay Farms -Annexation Ordinance Ordinance 7/22/2020 McKay Farms - Exhibit A Exhibit 7/22/2020 McKay Farms - Exhibit B Exhibit 7/22/2020 REVIEWERS: Department eviewer Legal. Weatherly,Adrienne Approved 7/23/2020 - 10:43 AM Legal. Answerer Approved 7/23/2020 - 1:01 PM Meridian City Council Meeting Agenda July 28,2020— Page 202 of 247 CITY OF MERIDIAN ORDINANCE 20-1886 BY CITY COUNCIL: ADA COUNTY RECORDER Phil McGrane 2020-095244 BOISE IDAHO Pgs=4 NIKOLA OLSON 07/29/2020 12:11 PM CITY OF MERIDIAN, IDAHO NO FEE BERNT, BORTON, CAVENER, HOAGLIN, PERREAULT, STRADER AN ORDINANCE (H-2020-0030 — MCKAY FARMS SUBDIVISION) FOR ANNEXATION OF A PARCEL LOCATED IN THE NE 1/4 OF THE SE'/4 OF SECTION 32, TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN;ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 10.501 ACRES OF LAND FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: FIBUInvestments LLC SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps,and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION ORDINANCE—McKay Farms Subdivision(H 2O20-0030) Page 1 of 3 SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 28th day of July , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 28th day of July , 2020. ATTEST: MAYOR ROBERT E. SIMISON CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this28th day of July ,2019,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES:3-28-2022 ANNEXATION ORDINANCE—McKay Farms Subdivision(H 2O20-0030) Page 2 of 3 EXHIBIT A BOUNDARY DESCRIPTION FOR MCKAY SUBDIVISION A parcel located in the NE 1/4 of the SE 1/4 of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said Section 32, from which an aluminum cap monument marking the northeasterly corner of said NE 1/4 of the SE 1/4 bears N 0"13'40"E a distance of 2676.20 feet; Thence N 0°13'40"E along the easterly boundary of said Section 32 a distance of 1338.12 feet to an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the SE 1/4 and being the POINT OF BEGINNING; Thence continuing N 0`13'40" E a distance of 866.01 feet to a point; Thence leaving said easterly boundary N 89"48'41" W a distance of 528.16 feet to a 5/8 inch diameter iron pin; Thence S 0'14'04" W a distance of 866,01 feet to a 5/8 inch diameter iron pin on the southerly boundary of said NE 1/4 of the SE 1/4; Thence S 89'48'41" E along said southerly boundary a distance of 528.25 feet to the POINT OF BEGINNING; This parcel contains 10.501 acres. Prepared by: Kyle A.Koomler,PLS SF ,¢ Civil Survey Consultants,Incorporated March 3,2020 4 187 0 3-3-ZOo F a. Koh McKay Farms Subdivision—H-2020-0030 EXHIBIT B SKETCH TO ACCOMPANY BOUNDARY DESCRIPTION FOR HBU INVESTMENTS L L C LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 114 1 BLACKRUCK SUBDIVISION N0. 7 412,07' N 89 4S'41' W 528.76' 503.76' 25.00' i i o Z i SCALE.• 1"120" g , �o ry o RECORD OF SURVEY N i o NO-5 6590, 6801 W v A 0 �4 a+.. L kD ---0---••—j f�h�' ,.SCE FQ �G 18780 O 9rf 0 F ,aP U `F A. xoo�� 25.00' SE V 16 i POINT OF BEGINNING 801.57' 503.25' • S 89'4841"E I329.87' ^ S V76 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 32 33 5 4 McKay Farms Subdivision—H-2020-0030 William L .M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . , A William L . M. Nary , City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 204886 An ordinance (H-2020-0030) for annexation of a parcel located in the NE '/4 fo the SE '/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification from RUT to R4 (Medium Density Residential) zoning district% providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary . [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — McKay Farms Subdivision (H 2O20-0030) Page 3 of 3 Meridian City Council Meeting Agenda July 28, 2020 — Page 205 of 247 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 8.A. Presenter: Joe Dodson Estimated Time for Presentation: 0 Title of Item - Development Agreement for McKay Farm Subdivision (H-2020-0030)with HBU Investments, LLC (Owner) and Fairbourne Development, LLC (Developer), Located at 5875 S Eagle Rd. Development Agreement between the Cityof Meridian and HBU Investments LLC (OWNER) and Fairbourne Development LLC (DEVELOPER)for McKay Farms (H-2020-0030) Council Notes: ATTACHMENTS: ploa Development Agreement-H-2020-0030 lAgreements /Contracts 7/22/2020 Exhibit A-H-2020-0030 Exhibit 7/22/2020 Exhibit B-H-2020-0030 Exhibit 7/22/2020 REVIEWERS: Department R Clerk. Johnson, Chris Approved 7/23/2020 - 3:30 PM Meridian City Council Meeting Agenda July 28,2020— Page 208 of 247 ADA COUNTY RECORDER Phil McGrane 2020-095243 BOISEIDAHO Pgs=39 NIKOLA OLSON 07/29/2020 12:11 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. HBU Investments LLC, Owner 4. Fairboume Development LLC., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 28TH day of JULY -1 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and HBU Investments LLC,whose address is 2701 E.Pine Ave.,Meridian, ID 83642,hereinafter called OWNER and Fairbourne Development LLC,whose address is 2701 E. Pine Ave., Meridian, ID 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code §67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 10.501 of land with an R-8 (medium density residential) zoning district on the property listed in Exhibit "A" (attached), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT—McKAY FARMS SUBDIVISION(H-2020-0030) PAGE I OF 8 includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23�d day of June, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to HBU Investments LLC, whose address is 2701 E.Pine Ave., Meridian, ID 83642,the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 2 OF 8 3.3 DEVELOPER: means and refers to Fairbourne Development LLC,whose address is 2701 E.Pine Ave.,Meridian,ID 83642,the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VII of the Staff Report that attached to the Findings of Fact and Conclusions of Law attached as Exhibit"B" and the provisions contained therein. b. For lots 10, 13-23, and 25, any building facade that faces S. Eagle Rd. shall incorporate articulation through changes in two or more of the following:modulation (e.g. projections, recesses, step-backs, and 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. c. The required emergency access via a common lot that connects to S. Eagle Rd. from the site shall be constructed prior to receiving any certificates of occupancy for building permits within the development. d. Direct lot access to S. Eagle Road shall be prohibited. e. Lots 32, 40, and 50, Block 1, as shown on the proposed preliminary plat, shall be restricted to single-story homes. f. An additional amenity shall be added to the central open space lot (Lot 1, Block 2) prior to receiving any certificates of occupancy. The Applicant shall work with Staff on the type of amenity eventually approved for this provision prior to receiving Final Plat approval. g. All common drives shall serve no more than two (2) lots. DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 3 OF 8 h. The required 5-foot detached sidewalk along Eagle Road shall be constructed fully within the required landscape buffer and outside of the future ACHD right-of-way planned widening prior to receiving certificate of occupancy for any residential dwelling. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 4 OF 8 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 5 OF 8 OWNER: DEVELOPER: HBU Investments LLC Fairbourne Development LLC 2701 E. Pine Ave. 2701 E. Pine Ave. Meridian, ID 83642 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 6 OF 8 subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: HBU Investments LLC Fairbourne Development LLC s B : By: Its: 1P4e -(0 • - Its: /Yj&ft CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT-MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 7 OF 8 STATE OF IDAHO } . ss: County of Ada ) On this day of A( 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared pr�yi� m n known or identified to me to be4kw 0. ►rt mb e yf of HBU Investments LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) JAYME DANNER NOTARY PUBLIC-STATE OF IDAHO COMMISSION NUMBER 58229 Notskry Public for Idaho MY COMMISSION EXPIRES 7.26.2023 Residing at: ma ,_t D My Commission 1 xpires: -1 STATE OF IDAHO ) . ss: County of Ada On this ZI${day of CL ,2020,before me,the undersigned,a Notary Public in and for said State,personally appearedgmaet M. ,G y%%br% ,known or identified tome to bethr G WtcA%b-*-- of Fairbou me Development LLC,and the person who signed above and acknowledged tome that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JAYME DANNER NOTARY PUBLIC-STATE OF IDAHO Nola P k for Idaho COMMISSION NUMBER 58229 Residing at: Ahmm MY COMMISSION EXPIRES 7-26-2023 My Commission Expires. a � STATE OF IDAHO } : ss County of Ada ] On this 28TH day of JULY , 2020, before me, a Notary Public, personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires:3-28-2022 DEVELOPMENT AGREEMENT—MCKAY FARMS SUBDIVISION(H-2020-0030) PAGE 8 OF 8 EXHIBIT A EXHIBIT A BOUNDARY DESCRIPTION FOR MICKAY SUBDIVISION A parcel located in the NE 1/4 of the SE 1/4 of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said Section 32,from which an aluminum cap monument marking the northeasterly corner of said NE 1/4 of the SE 1/4 bears N 0°13'40"E a distance of 2676.20 feet; Thence N 0°13'40"E along the easterly boundary of said Section 32 a distance of 1338.12 feet to an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the SE 1/4 and being the POINT OF BEGINNING; Thence continuing N 0`13'40"E a distance of 866.01 feet to a point; Thence leaving said easterly boundary N 89"48'41" W a distance of 528.16 feet to a 5/8 inch diameter iron pin; Thence S 0'14'04"W a distance of 866,01 feet to a 5/8 inch diameter iron pin on the southerly boundary of said NE 1/4 of the SE 1/4; Thence S 89'48'41" E along said southerly boundary a distance of 528.25 feet to the POINT OF BEGINNING; This parcel contains 10.501 acres. AI-E D Prepared by: Kyle A.Koomler,PLS �%CE se Civil Survey Consultantsr Incorporated March 3,2020 ¢ 187 0 % 44 wD♦�Q� F a. Koh McKay Farms Subdivision—H-2020-0030 EXH I BIT A EXHIBIT B SKETCH TO ACCOMPANY BOUNDARY DESCRIPTION FOR HBU INVESTMENTS L L C LOCATED IN THE NE 114 OF THE SE 114 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 114 1 BLACKROCK SUBDIVISION N0. 7 412,07' N 89 48'41' W 528.16' 503.76' 25-DO' i o Z i SCALE. 1"120' g , �o ry o RECORD OF SURVEY N i o NO-5 6590, 6601 W n v A 0 �4a+ L kD ---0---••—j f�h�' ,.SCE FQ �G 18780 O n I �y 9rf OF U Koo�� 25.00' SE V 16 i POINT OF BEGINNING 801.57' 503.25' • S 89'4841"E I329.87' ^ 5 V76 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 32 33 5 4 McKay Farms Subdivision—H-2020-0030 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC�((IENDIAl`T:-~' AND DECISION&ORDER In the Matter of the Request for Annexation and Preliminary Plat,by Fairbourne Development, LLC. Case No(s). H-2020-0030 For the City Council Hearing Dates of: May 26,2020 and June 9,2020 (Findings on June 23,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing dates of May 26, 2020 and June 9, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing dates of May 26, 2020 and June 9,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing dates of May 26, 2020 and June 9, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing dates of May 26,2020 and June 9,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing dates of May 26, 2020 and June 9, 2020, incorporated by reference. The conditions are FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(McKay Farm Subdivision—FILE H-2020-0030) - 1 - Meridian City Council Meeting Agenda June 23,2020— Page 94 of 216 concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing dates of May 26,2020 and June 9, 2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(McKay Farm Subdivision—FILE H-2020-0030) -2- Meridian City Council Meeting Agenda June 23,2020— Page 95 of 216 City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application 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 dates of May 26,2020 and June 9,2020. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(McKay Farm Subdivision—FILE H-2020-0030) -3- Meridian City Council Meeting Agenda June 23,2020— Page 96 of 216 By action of the City Council at its regular meeting held on the 23rd day of June 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: June 23, 2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(McKay Farm Subdivision—FILE H-2020-0030) -4- Meridian City Council Meeting Agenda June 23,2020— Page 97 of 216 Exhibit A STAFF REPORT C> E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/26/20 and 6/9/2020 Legend DATE: LlProject Location L I TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 A, 22277� Bruce Freckleton,Development Services Manager ' _ - --- --- 208-887-2211 SUBJECT: H-2020-0030 '- -- McKay Farm Subdivision 010"„ - , LOCATION: The site is located at 5875 S. Eagle Road,/�r on the west side of S. Eagle Road " ; between E. Amity Road and E. Lake -- --- Hazel Road,in the NE 1/4 of the SE 1/4 of Section 32, Township 3N.,Range IE. I. PROJECT DESCRIPTION Request for Annexation& Zoning of 10.5 acres of land with an R-8 zoning district and preliminary plat consisting of 42 building lots and 9 common lots, by Fairbourne Development, LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.5 acres Future Land Use Designation Medium Density Residential Existing Land Usc(s) Residential and Agricultural. Proposed Land Use(s) Residential Lots(#and type;bldg./common) 51 total lots—42 single-family residential;and 9 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 42 single-family units. of units) Density(gross&net) Gross— 3.99 du/ac.;Net—4.4 du/ac. Open Space(acres,total 50,001 square feet,or 1.15 acres of qualified open space [%]/buffer/qualified) (approximately 10.9%) Amenities 1 amenity—Picnic area with shade structure. Physical Features(waterways, N/A hazards,flood plain,hillside) Pagel Meridian City Council Meeting Agenda June 23,2020— Page 98 of 216 Description Details Page Neighborhood meeting date;#of Sep. 10,2019—2 attendees;January 7,2020—2 attendees. attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section VIILI • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via extension of an existing local street Hwy/Local)(Existing and Proposed) (E.Mardia St.)from the west.An emergency-only access is also proposed via a common lot that will connect the proposed E.Renwick St.with S.Eagle Rd. Traffic Level of Service Stub Street/Interconnectivity/Cross Applicant is not proposing any additional stub streets;all Access parcels surrounding the subject site are developed or entitled and there is no need for additional stub streets at this time. See analysis section below for more information. Existing Road Network Eagle Road,an arterial,is currently improved with two travel lanes,no curb,gutter or sidewalk abutting the site. Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements Applicant is not required to improve Eagle Rd. (arterial roadway)but will dedication additional right-of-way. Distance to nearest City Park(+ Discovery Park(76.88 acres at full build-out; size) approximately 30 acres are improved currently)— 1 mile; Hillsdale Park(9.5 acres)— 1.5 miles. Fire Service • Distance to Fire Station 2.5 miles from Fire Station#4 • Fire Response Time Meridian Fire can meet the 5 minute response time goal. • Resource Reliability Fire Station#4 reliability is 78%(Station 4 does not meet department goal of 80%reliability). • Risk Identification Risk Factor 1 —Residential • Accessibility Proposed project meets all required access,road widths, and turnarounds. Police Service See Agency Comments(Section VIII.D). West Ada School District • Distance(elem,ms,hs) Siena Elementary— 1.8 miles;Victory Middle School—4.7 miles;Mountain View High School—3.9 miles. • Capacity of Schools Siena Elementary—800 students Victory Middle School— 1000 students Mountain View High School—2400 students • #of Students Enrolled Siena Elementary—970 students(170 over capacity) Victory Middle— 1085 students(85 over capacity) Mountain View—2237 students(143 under capacity) Wastewater • Distance to Sewer Services N/A • Sewer Shed South Black Cat Trunkshed Page 2 — Meridian City Council Meeting Agenda June 23,2020— Page 99 of 216 Description Details Page • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.91 • Project Consistent with WW YES Master Plan/Facility Plan Water • Distance to Water Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concerns Water must be extended and connected to S.Eagle.Rd. C. Project Area Maps Future Land Use Map Aerial Map Legend MU-N 0 Legend 0 Ci'Project Location aProject Location - 11,. > Low Density �_�ffi • " lm# +f a t?Rl ! +s 7 Residential. w Mediu e s�m D '���' = - � �^+.+I, . �al�l� 11 F S'� Resin-dentia® ' R '` 1. +.sere I' Med High 9" Residential Zoning Map Planned Development Map Page 3 — Meridian City Council Meeting Agenda June 23,2020- Page 100 of 216 Legend UT C 0 Legend Project Location Project Location R City Limits j "4 R-2 f Planned Parcels f 1 R88 f ® f FFFFrF-H® rnTFFFM RUT R-15 ; R=15 RUT R-2 R-4 R-8 - L L III. APPLICANT INFORMATION A. Applicant: Sam Johnson, Fairbourne Development LLC 2401 E. Pine Ave., Meridian, ID 83642 B. Owner: HBU Investments LLC—2401 E. Pine Ave.,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/2/2020 5/8/2020 Radius notification mailed to properties within 300 feet 3/27/2020 5/5/2020 Site Posting 4/8/2020 5/14/2020 Nextdoor posting 3/31/2020 5/5/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridianciby.org/compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed annexation area is surrounded by existing City of Meridian zoning. The proposed land use of detached single-family residential are consistent with the dwelling types noted in the Page 4 Meridian City Council Meeting Agenda June 23,2020- Page 101 of 216 Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met on this property and the proposed project meets the densities listed above. In addition, the proposed zoning and density are consistent with that of the surrounding development. Therefore, Staff finds the density proposed with the preliminary plat and proposed zoning district are consistent with the Future Land Use Map designations of Medium and Medium-High Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA.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 VIILA1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https:Ilwww.meridiancitE.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City" (2.01.01 G). The proposed R-8 zoning and proposed land use of single family residential are an extension of what exists near the subject site today. R-8 zoning and detached single-family homes are abundant in this immediate area but within half a mile of the site, there are a multitude of land-uses that include existing lower density residential, civic (school and park sites), neighborhood commercial, and future mixed-use FL UM designations. Due to the nearby mix of existing and future uses and the size of this site, Staff finds the proposed project to meet the intent of this comprehensive plan policy. "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities" (2.02.01A). This new subdivision does not offer additional multi-use pathways but instead offers a detached sidewalk along their frontage of Eagle Rd that will improve safe pedestrian and bicycle connectivity along the arterial roadway to Taconic Drive. This will then offer easier access to the Hillsdale Park and YMCA area where residents have multiple recreational and commercial options to spend their time within a mile of this development. In addition, the Applicant has proposed a large open grassy area in the center of this project (approximately 16,000 square feet) that would essentially serve as this development's own pocket park. With parkways throughout the development, access to this grassy area is abundant and offers the area as an amenity to the development even though it does not meet UDC standards to count as their required amenity. Please note: Hillsdale Elementary is located next to Hillsdale Park and the YMCA, but is currently capped in their enrollment. Staff has not included this in the analysis as being a safe route to school for this development; elementary age children will likely be bussed to another school, at least in the interim. "Establish and maintain levels of service for public facilities and services, including water, sewer,police, transportation, schools, fire, and parks" (3.02.01G).All public utilities are available for this project site due to the existing subdivisions to the west and north, and across Eagle Road to the East,per Public Works comments. This project lays Page 5 Meridian City Council Meeting Agenda June 23,2020— Page 102 of 216 precisely at the edge of Meridian Fire Department's 5 minute response time goal. However, a future fire station is proposed within a mile of this development and would therefore further lower the response time—the station is currently unfunded. ACHD has both nearby arterial intersections on Eagle Road(Amity and Lake Hazel)planned for widening and improvement within the next 3 years therefore lining up well with the timeline of development for McKay Farm Subdivision. West Ada School District has offered their comments about this proposed subdivision and shared their continued concern with school overcrowding. According to their submitted letter, they approximate 34 additional school age children would reside in this development after completion. West Ada gave Staff enrollment numbers for the existing nearby schools but notes that the closest elementary school, Hillsdale Elementary School, is currently at capacity and is not currently accepting any additional students. So, school age children in this development would go to Siena Elementary, Victory Middle, and Mountain View High; Siena and Victory are currently over capacity. Staff believes future school sites will help relieve some of the overcrowding experienced in the district but defers to Commission and Council judgement regarding these issues. Overall, Staff finds this development to be in compliance with this comprehensive plan policy, but is concerned about the current enrollment situation at nearby public schools. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity" (6.01.02B). This project's only public access is proposed via extending an existing local street into the development from the subdivision to the west, Sky Mesa Commons. There are two existing driveways from this site onto S. Eagle Rd, an arterial roadway, and both are proposed to be closed with this new development. Staff and ACHD worked with the Applicant to remove their secondary access proposed onto S. Eagle Rd. and instead that access has become an emergency- only access,per Meridian Fire Department standards. Therefore, this proposed development does not add any additional public access points to the arterial roadway and will help direct traffic through local street connectivity in the neighboring subdivision and out to E. Taconic Dr, a collector roadway that connects to Eagle Rd. "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices" (3.07.01A). The site design of this project proposes density that matches the surrounding subdivisions and the underlying FL UM designation. The subdivisions to the south and west have larger lot sizes but are also zoned R-8; to help transition their plat design, the Applicant has proposed building lots that are no smaller than 5,900 square feet, which exceed the minimum lot size of the R-8 zoning district and better mesh with the surrounding subdivisions (Sky Mesa Commons & Sky Mesa Highlands). In addition, throughout the development,parkways will offer additional landscaping for the entire subject site, adding to its overall appeal and increasing its open space. "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.0IF).All new subdivisions require a minimum of 10%open space and one site amenity per twenty (20) acres of development area. This project meets these standards with parkways, a large open grassy area, and a picnic area with shade structures. As — Page 6 Meridian City Council Meeting Agenda Jul}e7 ,2 2233cR2976 seen in Exhibit VII.D, the proposed open grassy area in this development would function as the development's own pocket park due to its size and central location. Because the open space is not spread throughout the development, Staff finds it will be heavily used for recreation. In addition, the Applicant has proposed parkways throughout the project, adding further landscaping to the aesthetic of the development. Staff finds this development to be generally consistent and in alignment with Comprehensive Plan policies and objectives. C. Existing Structures/Site Improvements: There are a number of existing structures on this property associated with the existing residence. These buildings will be demolished with development of this project and the existing driveways to Eagle Road will be closed off with future vertical curb and gutter improvements,pursuant to ACHD requirements. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-8 zoning district per UDC Table 11-2A-2. This development is proposed as one (1)phase and all existing access points to Eagle Road will be closed. Staff is recommending a condition of approval that the emergency access be constructed prior to the Applicant receiving any certificates of occupancy to ensure compliance with the restriction of having no more than 30 homes off of one access. (see Section VIII.AI). According to the submitted preliminary plat, all lots appear to meet the required zoning and use requirements. E. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meet all UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I I-6C-3). There are four(4) common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC I I-6C-3D. An exhibit should be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street, the driveway should be depicted on the opposite side of the shared property line from the common driveway. F. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extending an existing local street(E. Mardia St.) into this development. Adjacent subdivisions to this development are already entitled and did not provide additional stub streets to this site, making E. Mardia the only public access into the subject site. Because of this, the Applicant has designed the local streets to loop back around onto itself in order to provide safe travel through and out of the development. The Page 7 Meridian City Council Meeting Agenda Jul}e7 ,2 2294c6f2A'V6 Applicant is also proposing an emergency-only access from the development to S. Eagle. Rd so that more than thirty(30) homes can be built,per Fire Code. The Applicant has proposed 42 homes off of this singular access and was required to remove their proposed secondary access to Eagle Road due to City and ACHD policies regarding access points to arterial roadways. According to the above referenced code section, this is twelve more homes than is allowed by code off of a single access. However, staff does not find that this code section properly depicts all circumstances and furthermore does not distinguish between streets that loop back onto themselves and cul- de-sacs. All exhibits show a standard cul-de-sac where afire engine would have to make a wide and treacherous a-turn in order to turn around and head back down the road it came from. The streets in question with this project do not adhere to that logic because they make a square and loop back around to itself creating a pseudo-grid within the street layout. The street layout proposed is more uniform and provides easier fire and emergency access than a cul-de-sac or other dead end street turnaround. This discrepancy has created the need for staff to propose a UDC update and make this section of code more precise while also allowing for adequate subdivision design when arterial roadways are indeed treated as physical barriers like that of steep slopes or railroad tracks. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. No parking plan was submitted with the application. H. Pathways (UDC 11-3A-8): No pathways are proposed or required with this development. However, detached sidewalks are being proposed along S. Eagle Rd. to help improve pedestrian and cyclist connectivity along the arterial roadway. I. Sidewalks(UDC 11-3A-17): Detached sidewalks are proposed along all internal local streets as part of parkways, in accord with the standards listed in UDC 11-3A-17. J. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed adjacent to all local streets and are required to be constructed in accord with the standards listed in UDC 11-3A-17. K. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to S. Eagle Rd., an arterial roadway, landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is depicted on the plat and the correct number of trees appear to be shown on the submitted landscape plans (see Section VILE). Parkways are required to be landscaped in accord with the standards listed in UDC I I- 3B-7C. The total lineal feet of parkways and required number of trees is included in the Page 8 Meridian City Council Meeting Agenda Jul}e7 ,2 28B5c6f2AT6 Landscape Calculations table on the landscape plan to demonstrating compliance with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. The total square footage of common open space are included in the Landscape Calculations/Requirements table along with the required number of trees to demonstrate compliance with UDC standards. L. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the proposed plat of 10.5 acres, a minimum of 1.05 acres of qualified common open space should be provided. The applicant is proposing 1.15 acres of open space (or 10.9%) consisting of a large common lot with open space, a smaller common lot that holds the irrigation pump station, parkways along all proposed local streets, and half of the arterial street buffer to S. Eagle Rd. All of this open space is qualified open space and exceeds UDC minimum standards (see Exhibit VII.D). M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat (10.5 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed one (1) qualified amenity, a picnic area with shade structures located in the large open grassy area for easy access by all residents in the development. The open grassy area proposed with this development is not large enough by UDC standards to count as qualified open space and a site amenity but Staff finds that it will still be used as if it were an amenity due to its location and its relative size to the size of the proposed project. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan; fencing shown next to proposed open space lots need to be corrected per the conditions of approval in this staff report (see Section VIILA3). O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VII.F). The single-family homes are depicted as single-story structures with two-car garages and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes. — Page 9 — Meridian City Council Meeting Agenda Jul}e7 ,2 21D6c6f2AT6 VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section VIII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 23, 2020. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Sam Johnson,Applicant b. In opposition: Travis Hunter—representing Sky Mesa subdivisions. C. Commentina: Travis Hunter d. Written testimony: Boise Hunter Homes(Travis Hunter)—Concerns over vehicular access and proportional cost sharing of installing signal at Taconic Drive and Eagle Road intersection. e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Access for this subdivision going shy through Sky Mesa Commons Subdivision to the west. b. Potential of McKay Farm residents using amenities within Sky Mesa Commons. c. Disagreement with ACHD staff report and required proportional cost sharing of installing traffic signal at Taconic Drive and Eagle Road intersection. 3. Key issue(s)of discussion by Commission: a. History of parcel and available vehicular access points for subdivision. b. Potential for the applicant and the Boise Hunter Homes to discuss sharing costs associated with the installation of the future signal at Taconic Drive and Eagle Road intersection and the use of the Sky Mesa Commons amenities. c. Number of lots being served by common drives. d. Number of amenities being offered by this development. e. Height of homes on lots running perpendicular to those in Sky Mesa Commons(subdivision to the west). 4. Commission change(s)to Staff recommendation: a. Add a DA provision limiting lots 32,40, and 50,Block 1 to singlery homes. b. Add a DA provision requiring tot-lot be added to open space lot(Lot 1,Block 2)as an additional qualifying amenity. C. Add a new DA provision and condition of approval restricting number of lots served by common drives to no more than two(2)lots. (NOTE:Applicant is not in agreement with this condition and has not provided staff with a revised plat). 5. Outstandingissue(s)ssue(s) for City Council: a. None. C. Council Hearing The Meridian City Council heard these items on May 26, 2020 and June 9,2020. At the public hearing,,the Council moved to approve the subject Annexation and Preliminary Plat requests. Summary of the City Council public hearing a. In favor: Sam Johnson,Applicant Page 10 Meridian City Council Meeting Agenda Jul}e7 ,2 21327c6f2AT6 b. In opposition:None C. Commenting: Sam Johnson d. Written testimony: None e. Staff presenting application:Joseph Dodson f. Other Staff commenting on application:None Key issue(s)of public testimony: a. None Key issue(s)of discussion by City Council: a. Potential of additional tot lot amenity being used and its feasibility: b. Timeline of building required sidewalk along Eagle Road: c. Number of lots served by common driveways: d. Potential of this subdivision using the amenities of the neighboring subdivision City Council change(s)to Commission recommendation: a. Modify Commission condition regarding additional amenity to include other options for better neighborhood use. b. Add a condition to require Applicant to build detached sidewalk along Eagle Road outside of future ACHD right-of-way prior to receiving certificate of occupancy for any homes. Page 11 — Meridian City Council Meeting Agenda Jul}e7 ,2 2838c6f2AT6 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map EXHIBIT A BOUNDARY DESCRIPTION FOR MCKAY SUBDIVISION A parcel located in the NE 1/4 of the SE 1/4 of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said Section 32,from which an aluminum cap monument marking the northeasterly corner of said NE 1/4 of the SE 1/4 bears N 0°13'40"E a distance of 2676.20 feet; Thence N 0°13'40"E along the easterly boundary of said Section 32 a distance of 1338.12 feet to an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the SE 1/4 and being the POINT OF BEGINNING; Thence continuing N 0°13'40"E a distance of 866.01 feet to a point; Thence leaving said easterly boundary N 89'48'41" W a distance of 528.16 feet to a 5/8 inch diameter iron pin; Thence 5 0'14'04"W a distance of 866,01 feet to a 5/8 inch diameter iron pin on the southerly boundary of said NE 1/4 of the SE 1/4; Thence S 89a48'41" E along said southerly boundary a distance of 528.25 feet to the POINT OF BEGINNING,- This parcel contains 10.501 acres. At E D Prepared by: Kyle A.Koomler,PLS 'r-F Se Civil Survey Consultants,Incorporated March 3, 2020 ¢ 187 0 g 3-3-ZO �sl'�tf'Of kD�a� F A. K Page 12 Meridian City Council Meeting Agenda Jul}e=,2P1=--F1bff@e2W906f2A'G6 EXHIBIT B SKETCH TO ACCOMPANY BOUNDARY DESCRIPTION FOR HSU INVESTMENTS LL C LOCATED IN THE NE 714 OF THE SE 714 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 7 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 114 BLACKROCK SU9D1VISION NO, 1 472.01' N 894841" W 528.16' 5p3.16' 25-00' w i 2 o i m o SCALE-- I. O o C� � I 4 i RECORD OF SURVEY N NO.s 6590 6601 O 14. Q �q A U L ND In 5 18780 U P !FA KOOK~ m 4'5.00" SE V 16 I POINT OF BEGINNING 801.57' 503.25' S 8948 41"E 1329.87' y S 7116 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 32 33 5 4 Page 13 Meridian City Council Meeting Agenda Jul}e=,2WEO--FPqSe23Wc6f2AT6 B. Conceptual Site Plan(date: 1/31/2020) i H Noisiwions vs3w uis I � � —1 h -- 1SNJIMIN3N3 a I I — 1S NOSIH FN3W 3 j 1 , '„"' ._k his vaavw, �_ Q0 —�- - m CO o p �vda ivlu�wwiu� � � W Q � J � x LL W Q 4 4 9 U� w w Page 14 — Meridian City Council Meeting Agenda Jul}e7 ,2 2II81c6f2AT6 C. Preliminary Plat(date: 1/31/2020) a `^ mod — na a'x:ace Pa e3w wa o,s 3�VH H-N E d daif'uW "'�"'� — oroa nriaia3ry s esaz e�e shoo d saoxRAans axvf avv saaaeaf)NH owMENoD NOISIARIans mid� Jkb>I�W P y3, , nx 'DNI 'SINVEMSNOD ]CBAiIIIS 'IIAI3 1H_1d.l2i dNI W l_13Zld m as €� J l n w .I a §r£ €.€rsea 9 €gam€� sm y�s9 - J i r pp av G j�� APi�bi 3 \ / --�•D -� --1S 311 n000M 3 - �� ,�J f ` •��� - p I o �'I i z= j - ; m N j I �i r `II II . J� � �® — ' o N�H � I N m U) ---- ------ I lip I i � L6 Page 15 — Meridian City Council Meeting Agenda Jul}e7 ,2 23'F2c6f2AT6 D. Open Space Exhibit(date: 3/16/2020) CITY OF MERIDIAN OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE iow o�N SPAGE�xuia�o Tart A1gAi I f jig—, vRadir I I I ! rouauFien OPFN 5pA(FJ 45B,715 5F 4BA125 WS A0) 50A)M(I.15 A4) polo A"; km bwss LANDSCAPE LEGEND j ciIA MM,OPEN WA CZ ® E.RENWICK ST. —— ® AREA(PARK T ® I 4,fi49 SQ.FT_ AREA 0 } I I m SO F FT (D I I I O Q I ® I I 1= — E MERGHISON ST G 10 I i I I ma I �4 I ® I ® ® ® UUj ao _L�__�_L I I MNRSAC.RBC T5) 1 I------- 10,907SQFT. I I E.MARDIA ST r------ -- I I I I I I LL U I p l 0 I O I D r 0 I m 1 0 I G 0 I I k--Ll--i _L Scale:1'=100'-0" ';„16pi A.h 03/16/2020 E°ss�°° ° MCKAY FARM SUBDIVISION 19081 5875 S. EAGLE ROAD �k„ se„A„ x1.o _ _ 7al o�;�o,„„� ,3; OPEN SPACE EXHIBIT c���rn,imn°ea�ia Page 16 Meridian City Council Meeting Agenda Jul}e=,2P1=--Fbw@e2883c6f2A'G6 EL Landscape Plan(date: 1/23/2020) 3V962 al Pz LLI fr �---- 9uuc \7 Meridian City Council Meeting Agenda Juhm�,=W—Fmnmne2nnmo6c2An6 F. Conceptual Building Elevations - - - - maw a _ 4'y f.� 1 I 1 , Page 18 Meridian City Council Meeting Agenda Jul}e=,2P1 EO1 F e2# 5c6Y2A'G5 ;4 E ' y s �! i Page 19 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VII and the provisions contained herein. b. For lots 10, 13-23, and 25, any building fagade that faces S. Eagle Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs, and 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. c. The required emergency access via a common lot that connects to S. Eagle Rd. from the site shall be constructed prior to receiving any certificates of occupancy for building permits within the development. d. Direct lot access to S. Eagle Road shall be prohibited. e. Lots 32,40, and 50, Block 1, as shown on the proposed preliminary_plat, shall be restricted to sin lg a-story homes. f. An additional tot-let amenity shall be added to the central open space lot(Lot 1,Block 2)prior to receiving any certificates of occupancy.The Applicant shall work with Staff on the type of amenity eventually approved for this provision prior to receiving Final Plat approval. g. All common drives shall serve no more than two (2)lots. h. The required 5-foot detached sidewalk alone Eagle Road shall be constructed fully within the required 1, ndscapp buffer and outside of the future ACHD right-of-way planned widening prior to receiving certificate of occupancy for any residential dwelling. 2. The preliminary plat included in Section VII.C, dated 01/31/2020, shall be revised as follows prior to submittal of the final plat application: a. Add a note prohibiting direct lot access via S. Eagle Road. b. Revise plat to show no more than two(2)lots off of common drives(common lots 11,24, 33, and 39). Page 20 Meridian City Council Meeting Agenda Jul}e7 ,2 24'27c6f1A'V6 3. The landscape plan included in Section VII.E, dated 03/16/2020, shall be revised as follows prior to submittal of the final plat application: a. Revise landscape plan to show open vision or semiprivate fencing along the common open space located on Lot 7; all fencing shall comply with the standards listed in UDC 11-3A-7. b. Revise landscape plan to show additional site amenity k121 g!)on Lot 1, Block 2 and remove lots served by common drives commensurate with development agreement provision VIII.A.1 g. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11- 6C-3D. 7. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. 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 streetlight future install agreement is anticipated for lights on Eagle Road. This portion of Eagle Road is on the five year work plan for ACHD. 1.2 Sanitary sewer and water service lines extending through storm water seepage beds should be avoided. 1.3 Water must be extended through Lot 24,Block 1, common drive/emergency access road, and connect to the existing water mainline in S. Eagle. Rd. 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 Page 21 Meridian City Council Meeting Agenda Jul}e7 ,2 24Wc6f1A'VG 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 I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to 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. Page 22 — Meridian City Council Meeting Agenda Jul}e7 ,2 24 906f1A'VG 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. 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(MFD) hgps://weblink.meridiancity.org/WebLink/DocView.aVx?id=184768&dbid=0&r0o=MeridianC Lty Page 23 Meridian City Council Meeting Agenda Jul}e7 ,2 24ZDo6f1A'V6 IX. POLICE DEPARTMENT (MPD) https:Ilweblink.meridiancity.org/WebLink/DocView.aspx?id=184712&dbid=0&repo=Meridian C i &cry 1 X. PARK'S DEPARTMENT No comments. XI. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=184913&dbid=0&repo=MeridianC hty XII. CENTRAL DISTRICT HEALTH DEPARTMENT (CDH) https:llweblink.meridiancily.orglWebLink/DocView.aspx?id=185623&dbid=0&repo=MeridianC hty XIII. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) HTTPS.-11wEBLINK.mm IANuTY.ORG/WEBLINK/DOCVIEW.ASPX?ID=185204&DBID=0&REPO=ME RIDIANCITY XIV. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=186140&dbid=0&repo=Meridian C ky XV. 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; Council finds the proposed zoning map amendment to R-8 and subsequent development is consistent with the Comprehensive Plan, if all provisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of single- family detached homes which will contribute to the range of housing opportunities available within the City, consistent with the Comprehensive Plan, and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. Page 24 Meridian City Council Meeting Agenda Jul}e7 ,2 FF?qj#e24Z1c6f2AT6 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the City per the Analysis in Section V. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and approves of the project. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 25 Meridian City Council Meeting Agenda Jul}e7 ,2 21122c6f1A'V6 E IDIAN I DA 0 H tl* CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics Meeting Notes: Item or to formulate a counteroffer.berate on a labor contract offer 206A(1)(a) To Deli-74Executive Session Per Idaho Code 10: Amended on to Agenda: CITY COUNCIL REGULAR MEETING AGENDA In to Executive Session: 10:59 pm Out of Executive Session: 11:38 pm Meeting Adjourned at 11:38 pm Meeting Notes: