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Qbhf!47!pg!4: ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Qbhf!78 Nfsjejbo!Djuz!Dpvodjm!! Jufn!$3/ Bvhvtu!36-!3131!! Qbhf!48!pg!4: ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Qbhf!79 Nfsjejbo!Djuz!Dpvodjm!! Jufn!$3/ Bvhvtu!36-!3131!! Qbhf!49!pg!4: ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! Qbhf!7: Nfsjejbo!Djuz!Dpvodjm! Jufn!$3/ Bvhvtu!36-!3131! Qbhf!4:pg!4: Qbhf!81 C � WE N DIAN --- IDAHO 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: CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET [Date , August 25 , 2020 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for City of Meridian Proposed Solid Waste Fees Page 4 i I PUBLIC HEARING SIGN IN SHEET DATE : August 25 , 2020 ITEM # ON AGENDA : 1 PROJECT NAME : CITY OF MERIDIAN SOLID WASTE FEES 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 Item#1. CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at its meeting on Tuesday, August 25, 2020, at 6:00 p.m., at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding adoption of the proposed solid waste fees, as set forth below. Further information regarding these proposed fees is available in the Public Works Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit written comments and/or provide verbal testimony at the hearing. Verbal testimony may be limited to three (3) minutes per person. For auditory, visual, or language accommodations, please contact the City Clerk's Office at 208-888-4433. DATED this 6th day of August, 2020. CHRIS JOHNSON, CITY CLERK PUBLISH on August 14, 2020 and August 21,2020. RESIDENTIAL TRASH & RECYCLING FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE 95 gallon service (includes 1 Residential recycling cart) $19.78 $20.87 65 gallon service (includes 1 Residential recycling cart) $17.78 $18.63 35 gallon service (includes 1 Residential recycling cart) $15.78 $16.41 Extra Carts (per cart per Residential month) $2.41 $2.49 Cart Pickup/Upsize Residential Exchange fee (per event) $14.42 $14.80 Residential Cart Delivery(free) $0.00 $0.00 Residential Carry Out Service $33.96 $34.86 COMMERCIAL PERMANENT TRASH FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE Commercial Carts Delivery Charge $10.83 $11.12 1, 95 gallon cart (1 x per Commercial Carts week) $30.95 $32.17 1, 95 gallon cart (2 x per Commercial Carts week) $58.48 $60.82 Page 5 Item#1. 1, 95 gallon cart (3 x per Commercial Carts week) $85.96 $89.45 2, 95 gallon cart (1 x per Commercial Carts week) $61.92 $64.35 2, 95 gallon cart (2 x per Commercial Carts week) $116.97 $121.65 2, 95 gallon cart (3 x per Commercial Carts week) $171.96 $178.88 3, 95 gallon cart (1 x per Commercial Carts week) $92.86 $96.53 3, 95 gallon cart (2 x per Commercial Carts week) $175.44 $182.47 3, 95 gallon cart (3 x per Commercial Carts week) $257.91 $268.32 Container Delivery Svc Commercial Container (2,3,6,8 yd options) $24.71 $25.36 Lid Lock Installation (2,3,6,8 Commercial Container yd options) $46.53 $47.76 Monthly Lock Service Commercial Container (2,3,6,8 yd options) $13.41 $13.77 Commercial Container 2 yd(Extra Dump) $25.03 $26.14 Commercial Container 3 yd(Extra Dump) $34.03 $35.59 Commercial Container 6 yd(Extra Dump) $49.14 $51.75 Commercial Container 8 yd(Extra Dump) $63.16 $66.58 Commercial Containers 2 yd(1 x per week) $102.13 $106.78 Commercial Containers 2 yd(2x per week) $144.82 $152.57 Commercial Containers 2 yd(3x per week) $186.75 $197.57 Commercial Containers 2 yd(4x per week) $250.58 $265.04 Commercial Containers 2 yd(5 x per week) $314.24 $332.37 Commercial Containers 2 yd(6 x per week) $377.93 $399.70 Commercial Containers 3 yd(1 x per week) $105.54 $111.17 Commercial Containers 3 yd(2 x per week) $169.87 $180.04 Commercial Containers 3 yd(3 x per week) $234.32 $249.03 Commercial Containers 3 yd(4 x per week) $308.59 $328.11 Commercial Containers 3 yd(5 x per week) $406.41 $431.35 Commercial Containers 3 yd(6 x per week) $492.49 $522.54 Commercial Containers 6 yd(1 x per week) $163.43 $173.42 Commercial Containers 6 yd(2 x per week) $261.82 $280.10 Commercial Containers 6 yd(3 x per week) $360.12 $386.67 Commercial Containers 6 yd(4 x per week) $480.18 $515.58 Commercial Containers 6 yd(5 x per week) $600.30 $644.56 Commercial Containers 6 yd(6 x per week) $720.34 $773.46 Commercial Containers 8 yd(1 x per week) $193.20 $205.86 Page 6 Item#1. Commercial Containers 8 yd(2 x per week) $297.19 $320.18 Commercial Containers 8 yd(3 x per week) $399.97 $433.25 Commercial Containers 8 yd(4 x per week) $516.69 $560.63 Commercial Containers 8 yd(5 x per week) $641.40 $696.21 Commercial Containers 8 yd(6 x per week) $760.31 $825.84 Commercial Containers 8 yd(7 x per week) $1,175.22 $1,259.28 2 yd(base price per pickup Commercial Compactors per week) $57.90 $63.27 3 yd(base price per pickup Commercial Compactors per week) $79.73 $87.59 4 yd(base price per pickup Commercial Compactors per week) $101.98 $112.36 5 yd(base price per pickup Commercial Compactors per week) $124.28 $137.16 6 yd(base price per pickup Commercial Compactors per week) $145.95 $161.31 8 yd(base price per pickup Commercial Compactors per week) $196.07 $216.59 COMMERCIAL TEMPORARY TRASH FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE 3 yd Haul Svc (Municipal Commercial Temporary Service Solid Waste) $34.03 $44.60 3 yd Haul Svc (Construction Commercial Temporary Service and Demolition) $110.77 $119.45 Commercial Temporary Service 3 yd(Monthly Rent) $25.98 $26.67 Commercial Temporary Service 3 yd(Daily Rent) $0.86 $0.88 COMMERCIAL PERMANENT RECYCLING FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE Commercial Commingled Container Delivery Charge Recyclable Collection (3,5,6,8 yd options) $24.71 $25.36 Commercial Commingled Recyclable Collection 3 yd(Extra Dump) $17.86 $18.28 Commercial Commingled Recyclable Collection 3 yd(Every Other Week) $52.35 $53.62 Commercial Commingled Recyclable Collection 3 yd(1 x week) $65.61 $67.10 Commercial Commingled Recyclable Collection 3 yd(2 x week) $115.82 $118.40 Commercial Commingled Recyclable Collection 3 yd(3 x week) $166.06 $169.73 Commercial Commingled Recyclable Collection 3 yd(4 x week) $216.28 $221.04 Page 7 Item#1. Commercial Commingled Recyclable Collection 3 yd(5 x week) $266.50 $272.33 Commercial Commingled Recyclable Collection 5 yd(Extra Dump) $24.33 $24.88 Commercial Commingled Recyclable Collection 5 yd(Every Other Week) $72.03 $73.74 Commercial Commingled Recyclable Collection 5 yd(1 x week) $100.02 $102.27 Commercial Commingled Recyclable Collection 5 yd(2 x week) $168.16 $171.81 Commercial Commingled Recyclable Collection 5 yd(3 x week) $235.84 $240.87 Commercial Commingled Recyclable Collection 5 yd(4 x week) $303.74 $310.16 Commercial Commingled Recyclable Collection 5 yd(5 x week) $371.63 $379.44 Commercial Commingled Recyclable Collection 6 yd(Extra Dump) $29.57 $30.24 Commercial Commingled Recyclable Collection 6 yd(Every Other Week) $85.41 $87.43 Commercial Commingled Recyclable Collection 6 yd(1 x week) $106.31 $108.63 Commercial Commingled Recyclable Collection 6 yd(2 x week) $190.11 $194.17 Commercial Commingled Recyclable Collection 6 yd(3 x week) $273.91 $279.68 Commercial Commingled Recyclable Collection 6 yd(4 x week) $357.70 $365.22 Commercial Commingled Recyclable Collection 6 yd(5 x week) $441.51 $450.76 Commercial Commingled Recyclable Collection 8 yd(Extra Dump) $40.40 $41.31 Commercial Commingled Recyclable Collection 8 yd(Every Other Week) $101.42 $103.76 Commercial Commingled Recyclable Collection 8 yd(1 x week) $127.13 $129.84 Commercial Commingled Recyclable Collection 8 yd(2 x week) $231.42 $236.25 Commercial Commingled Recyclable Collection 8 yd(3 x week) $335.72 $342.66 Commercial Commingled Recyclable Collection 8 yd (4 x week) $440.05 $449.11 Commercial Commingled Recyclable Collection 8 yd(5 x week) $546.24 $557.45 Commercial Commingled Recyclable Collection 95 gallon carts (1 cart/week) $13.72 $14.05 Page 8 Item#1. Commercial Commingled Recyclable Collection 95 gallon carts (2 cart/week) $21.80 $22.29 Commercial Commingled Recyclable Collection 95 gallon carts (3 cart/week) $29.86 $30.54 Commercial Commingled Recyclable Collection 95 gallon carts (4 cart/week) $37.96 $38.80 Commercial Commingled Recyclable Collection 95 gallon carts (5 cart/week) $46.00 $47.03 INDUSTRIAL TRASH FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE Container Delivery Svc 6 - 10 Industrial Trash yd $24.97 $25.63 6 - 10 yd containers (Haul Industrial Trash Svc) $110.79 $112.42 6 yd Disposal Fee (Municipal Industrial Trash Solid Waste) $23.32 $30.74 6 yd Disposal Fee Industrial Trash (C&D/Com acted) $23.32 $30.74 Industrial Trash 6 yd(Monthly Rent) $55.20 $56.66 Industrial Trash 6 yd(Daily Rent) $1.81 $1.87 8 yd Disposal Fee (Municipal Industrial Trash Solid Waste) $23.32 $30.74 8 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 Industrial Trash 8 yd(Monthly Rent) $71.55 $73.44 Industrial Trash 8 yd(Daily Rent) $2.35 $2.42 10 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 10 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 Industrial Trash 10 yd(Monthly Rent) $79.73 $81.84 Industrial Trash 10 yd(Daily Rent) $2.63 $2.70 Container Delivery Svc 20 - Industrial Trash 40 yd $24.97 $25.63 Industrial Trash/Diversion/Recycling 20 - 40 yd screen lid $40.14 $41.20 20 - 40 yd containers (Haul Industrial Trash Svc) $361.26 $369.50 20 - 40 yd containers (Haul Svc for Asbestos -Ada Industrial Trash County) $312.19 $320.43 20 - 40 yd containers (Certification fee Asbestos - Industrial Trash Ada County) $0.00 $23.32 Page 9 Item#1. 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Industrial Trash Waste Systems) $312.19 $320.43 20 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 20 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 20 yd Disposal Fee (Asbestos Industrial Trash -Ada County Landfill) $23.32 $30.74 20 yd Disposal Fee (Asbestos Industrial Trash - Idaho Waste Systems) $800.00 $800.00 Industrial Trash 20 yd(Monthly Rent) $91.68 $94.10 Industrial Trash 20yd(Daily Rent) $3.02 $3.11 30 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 30 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 30 yd Disposal Fee (Asbestos Industrial Trash -Ada County Landfill) $23.32 $30.74 30 yd Disposal Fee (Asbestos Industrial Trash - Idaho Waste Systems) $1,200.00 $1,200.00 Industrial Trash 30 yd(Monthly Rent) $112.05 $115.01 Industrial Trash 30 yd(Daily Rent) $3.68 $3.77 40 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 40 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 40 yd Disposal Fee (Asbestos Industrial Trash -Ada County Landfill) $23.32 $30.74 40 yd disposal Fee (Asbestos Industrial Trash - Idaho Waste Systems) $1,600.00 $1,600.00 Industrial Trash 40 yd(Monthly Rent) $128.05 $131.43 Industrial Trash 40 yd(Daily Rent) $4.21 $4.31 Industrial Trash 20yd compactor Disposal Fee $49.33 $30.74 Industrial Trash 25yd compactor Disposal Fee $120.58 $30.74 Industrial Trash 30yd compactor Disposal Fee $140.03 $30.74 Industrial Trash 40yd compactor Disposal Fee $241.09 $30.74 Container Delivery Svc 6-10 Industrial Trash yd $24.97 $25.63 Industrial Trash 6-10 yd containers (Haul Svc) $110.79 $112.42 6 yd Disposal Fee (Municipal Industrial Trash Solid Waste) $23.32 $30.74 6 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 Page 10 Item#1. Industrial Trash 6 yd(Monthly Rent) $55.20 $56.66 Industrial Trash 6 yd(Daily Rent) $1.81 $1.87 8 yd Disposal Fee (Municipal Industrial Trash Solid Waste) $23.32 $30.74 8 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 Industrial Trash 8 yd(Monthly Rent) $71.55 $73.44 Industrial Trash 8 yd(Daily Rent) $2.35 $2.42 10 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 10 yd Disposal Fee Industrial Trash (C&D/Compacted) $23.32 $30.74 Industrial Trash 10 yd(Monthly Rent) $79.73 $81.84 Industrial Trash 10 yd(Daily Rent) $2.63 $2.70 Container Delivery Svc 20 - Industrial Trash 40 yd $24.97 $25.63 Industrial Trash/Diversion/Recycling 20 - 40 yd screen lid $40.14 $41.20 20 - 40 yd containers (Haul Industrial Trash Svc) $361.26 $369.50 20 - 40 yd containers (Haul Svc for Asbestos -Ada Industrial Trash County) $312.19 $320.43 20 - 40 yd containers (Certification fee Asbestos - Industrial Trash Ada County) $0.00 $23.32 20 - 40 yd containers (Haul Svc for Asbestos - Idaho Industrial Trash Waste Systems) $312.19 $320.43 20 yd Disposal Fee Industrial Trash (Municipal Solid Waste) $23.32 $30.74 INDUSTRIAL DIVERSION Container Delivery Svc 6 - 10 Industrial Diversion yd $24.97 $25.63 Industrial Diversion 6 - 8 yd containers (Haul Svc) $61.72 $63.35 Industrial Diversion 6 yd Disposal Fee (Wood) $23.32 $30.74 Industrial Diversion 6 yd Disposal Fee (Sheetrock) $23.32 $30.74 6 yd Disposal Fee (Clean Industrial Diversion Rock, Gravel, etc.) $23.32 $30.74 Industrial Diversion 8 yd Disposal Fee (Wood) $23.32 $30.74 Industrial Diversion 8 yd Disposal Fee (Sheetrock) $23.32 $30.74 8 yd Disposal Fee (Clean Industrial Diversion Rock, Gravel, etc.) $23.32 $30.74 Industrial Diversion 10 yd Disposal Fee (Wood) $23.32 $30.74 Page 11 Item#1. 10 yd Disposal Fee Industrial Diversion (Sheetrock) $23.32 $30.74 10 yd Disposal Fee (Clean Industrial Diversion Rock, Gravel, etc.) $23.32 $30.74 Container Delivery Svc 20 - Industrial Diversion 40 yd $24.97 $25.63 20 - 40 yd Wood, Sheetrock, Industrial Diversion Clean Rock $137.75 $141.39 Industrial Diversion 20 yd Disposal Fee (Wood) $23.32 $30.74 20 yd Disposal Fee Industrial Diversion (Sheetrock) $23.32 $30.74 20 yd Disposal Fee (Clean Industrial Diversion Rock, Gravel, etc.) $23.32 $30.74 Industrial Diversion 30 yd Disposal Fee (Wood) $23.32 $30.74 30 yd Disposal Fee Industrial Diversion (Sheetrock) $23.32 $30.74 30 yd Disposal Fee (Clean Industrial Diversion Rock, Gravel, etc.) $23.32 $30.74 Industrial Diversion 40 yd Disposal Fee (Wood) $23.32 $30.74 40 yd Disposal Fee Industrial Diversion (Sheetrock) $23.32 $30.74 INDUSTRIAL RECYCLING FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE Processing per loose yard(as Industrial Recycling applicable) $1.08 $1.08 Processing per compact yard Industrial Recycling (as applicable) $2.16 $2.16 Container Delivery Svc 6 - 10 Industrial Recycling yd $24.97 $25.63 6 - 10 yd containers (Haul Industrial Recycling Svc) $61.72 $63.35 Industrial Recycling 6 yd(Monthly Rent) $55.20 $56.66 Industrial Recycling 6 yd(Daily Rent) $1.81 $1.87 Industrial Recycling 8 yd(Monthly Rent) $71.55 $73.44 Industrial Recycling 8yd(Daily Rent) $2.35 $2.42 Industrial Recycling 10 yd(Monthly Rent) $79.73 $81.84 Industrial Recycling 10 yd(Daily Rent) $2.63 $2.70 Contain Deliver Svc 20 -40 Industrial Recycling yd $24.97 $25.63 20-40 yd containers (Haul Industrial Recycling Svc) $137.75 $141.39 Industrial Recycling 20 yd(Monthly Rent) $91.68 $94.10 Industrial Recycling 20 yd(Daily Rent) $3.02 $3.11 Page 12 Item#1. Industrial Recycling 30 yd(Monthly Rent) $112.05 $115.01 Industrial Recycling 30 yd(Daily Rent) $3.68 $3.77 Industrial Recycling 40 yd(Monthly Rent) $128.05 $131.43 Industrial Recycling 40 yd(Daily Rent) $4.21 $4.31 15 - 40 yd Compactors (Haul Industrial Recycling Svc) $137.75 $141.39 MISCELLANEOUS CHARGES FEE DESCRIPTION CURRENT PROPOSED FY20 FEE FY21 FEE Miscellaneous Collection Tires 9 (ea.)up to 16 inch $6.01 $6.17 Freon-containing Miscellaneous Collection units/appliances $57.25 $58.76 Miscellaneous Collection Non-Freon units/appliances $16.23 $16.66 Special Collection (for each Miscellaneous Collection increment of 10 minutes) $22.94 $23.55 Miscellaneous Collection Bulky Item Pickup (per item) $16.23 $16.66 Extra Pickup/Go Back(per Miscellaneous Collection occurrence) $11.59 $11.88 Relocation(all sizes) - Miscellaneous Collection Commercial/Industrial $24.97 $25.63 Turnaround compactor fee - Industrial Services Commercial/Industrial $17.52 $17.98 Miscellaneous Collection Weekend Charge - Industrial $70.90 $72.77 Miscellaneous Collection Pressure Wash- Industrial $209.02 $214.54 Dry Run- Large industrial Industrial Services containers and compactors $106.42 $109.22 Industrial Services Dry Run(6 - 10 yd) $61.72 $63.35 Commercial Combo Lock Miscellaneous Collection Replacement $29.79 $30.57 Extra Yard (Overload Each Commercial Container yd) $15.87 $16.29 Page 13 Item#1. FY2021 AMENDMENT TO FRANCHISE AGREEMENT: RECYCLING PROCESSING FEE This FY2021 AMENDMENT TO FRANCHISE AGREEMENT: RECYCLING PROCESSING FEE ("AMENDMENT"), is made and entered into this /B day of A✓&vs-r- , 2020, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho("CITY"), and ALLIED WASTE SERVICES OF NORTH AMERICA, LLC dba REPUBLIC SERVICES of IDAHO, a Delaware Limited Liability Company, whose local address is 11101 W. Executive Dr. Boise, Idaho ("REPUBLIC SERVICES"). 1. RECITALS: 1.1 WHEREAS, REPUBLIC SERVICES performs all services pertaining to solid waste collection and disposal of the CITY' S solid waste pursuant to the Franchise Agreement; and 1.2 WHEREAS,REPUBLIC SERVICES is,separately contracted to deliver the CITY' s collected curbside recyclables to a third -party vendor, Western Recycling; and 1.3 WHEREAS, it is not feasible for REPUBLIC SERVICES to absorb the monthly net cost of recycling processing in fiscal year 2021, due to ongoing sustained depressed market conditions, the failure of low commodity prices to offset rising recycling processing costs, and the expense of delivering the City's recyclable materials to third-party processor Western Recycling; 1.4 WHEREAS, the CITY desires to continue the Meridian Recycling Program because of its beneficial diversion of materials from the landfill; and 1.5 WHEREAS, the CITY finds that the cost of recycling has not reached a prohibitive Ievel at which the costs outweigh the benefits, though also finds that this is to be reevaluated on an annual basis; 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: That the following terms shall be defined as set forth herein: a. Fiscal Year("FY"): This term is defined for purposes of this AMENDMENT as the period beginning October 1, 2020 and ending September 30, 2021. b. Commingled Recyclable Material: This term is defined for purposes of this AMENDMENT to include: tin, aluminum, plastics #1 and#2, newspaper, cardboard, mixed paper, and Hefty Energy Bags recoverable materials. FY2021 AMENDMENT To FRANCHISE AGREEMENT:RECYCLING PROCESSING FEE PAGE 1 Page 14 Item#1. e. Net Cost of Recycling Processing Charges: This term is defined for purposes of this AMENDMENT as the third-party vendor charge to process (sort, bale, and ship, sell at market) Meridian's commingled recyclables minus the rebate provided by Western Recycling from its materials commodity sales. 4. PROVISION ADDED: That new provision shall be added to Paragraph 21 of the Franchise Agreement, as follow, which shall replace and supersede all additions to Paragraph 21: 21.5 RECYCLING PROCESSING FEE: Subject to the provisions set forth in Paragraph 6 of this AMENDMENT, for the period beginning October 1, 2020 and ending September 30, 2021 ("FY20"): 21.5.1 REPUBLIC SERVICES will receive the following: o Residential Accounts: $1.13 per residential household per month o Commercial Accounts: $1.08 per yard 21.5.2 CPI-INDEX -The recycling processing fee is not subject to the annual CPI rate calculation. 21.5.3 FRANCHISE FEE - The City will receive the 6% franchise fee on all commercial and residential rate components, including the recycling processing fee as reflected in REPUBLIC SERVICES' 2020-2021 rate model. request. 21.5.4 REPUBLIC SERVICES agrees to pay for the effective period of this AMENDMENT the net cost of recycling processing charges in excess of the amount received as set forth in 21.5.1 above. 21.5.5 REPUBLIC SERVICES agrees to provide the CITY a year end reconciliation report of its third party vendor recycling processing charges, including an audit of the estimated increase for the period October 1, 2020 through September 30, 2021. This reconciliation shall be provided to City Council within 120 days of September 30, 2021. 21.5.6 REPUBLIC SERVICES will reimburse the CITY of any over charge by Western Recycling for the effective period of this AMENDMENT within 120 days of September 30, 2021. 21.5.7 REPUBLIC SERVICES commits to deliver Meridian' s residential and commercial recycling materials to Western Recycling. 21.5.8 REPUBLIC SERVICES shall immediately notify City Council to seek direction if REPUBLIC SERVICES becomes aware that the third party vendor is not processing (sorting, baling, shipping, selling at market) all of the individual materials which comprise Meridian' s commingled recyclable material. FY2021 AMENDMENT To FRANCHISE AGREEMENT:RECYCLING PROCESSING FEE PAGE Page 15 Item#1. 5. NET PROFIT RETURN: Nothing contained in this AMENDMENT shall change the agreement between the parties that when there exists recycling net profit, that such profit it be split 80/20 with 80% returned to the CITY by REPUBLIC SERVICES for the benefit of the Meridian Community Recycling Fund. b. EFFECTIVE DATE: The effective date for the recycling processing fee is predicated upon Council' s approval of the fee following public hearing and execution by the parties of this AMENDMENT with the effective date established by Council to begin October 1, 2020 or as soon thereafter as practicable. IN WITNESS WHEREOF, the parties shall cause this AMENDMENT to be executed by their duly authorized officers to be effective as of the day and year first above written. REPUBLIC SERVICES: BY: u Bob Bennett General Manager CITY OF MERIDIAN: B Y: Attest: Robert E. Simison Chris Johnson Mayor City Clerk FY2021 AMENDMENT To FRANCHISE AGREEMENT:RECYCLING PROCESSING FEE PAGI: Page 16 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Request for Pre-Approval to Apply for Beer and Wine License for a Business Within 300 Feet of a Church by Tango's Empanadas and Grill, Located at 46 E. Fairview Ave. Page 17 Item#2. RECEIVU' : 1TY F F , �p �'�®®vrvs�ira ErrsCITY UP RKISOFFW" 46 Z`F:,--VW-X Ave, M807ti1Rn 9V 8364.2 208466-6444 A taste of Argentina in Idaho since 2006 August 14, 2020 To whom it may concern, We cre to open a full service restaurant at the Cherry Plaza Shopping Center with physical address of 46 E Fairview Ave, Meridian ID 83642. It has been brought to our attention by Idaho State Alcohol that there's a church in the premises. Common Ground Bikers Church, which would not allow us to serve beer and wine because we are less than 300' from them. We are writing today in the hopes that you would make an exemption to this regulation being that beer and/or wine would make a huge difference in our sales of meat and pasta dishes. Common Ground Bikers Church only meets there on Sunday morning from 9:30-11:30 am. It is not your average full time church where children and family have various activities on the premises weekly, but it is a Sunday morning 2 hours worship and study only. They also have different service activities done throughout the valley and an opportunity for the bikers to get together at different venues and outings (rides as they call them) In the shopping center there are other business that sell beer and wine, Idaho Liquor which is just a couple of doors down from the church, a few stores down from Idaho Liquor is Tobacco Connection which opened this year and also sells beer. Not to mention Albertsons, which of course sells beer and wine. We hope you understand,that as a restaurant which will be selling among other things pasta dishes and different grilled meats it is extremely important for us to be able to offer our guest beer and wine with their meals to make their dining option more appealing and complete. Please, we are asking for this exemption as we need this to be able to open in a manner which customers are accustomed to eating these dishes, a glass of wine or a beer. Thank you for your consideration, Monica and Louis Bremmer 208-447-8003 tangos-empanadas.com Page 18 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Request for Reconsideration for Cedarbrook Subdivision (H-2020- 0012) by Givens Pursley, LLP Page 19 Item#3. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 25, 2020 Topic: Request for Reconsideration for Cedarbrook Subdivision (H-2020-0012) by Givens Pursley, LLP Information Resources: Click Here for Application Materials Page 20 Item#3. IVENS PURSLEYLLP Attorneys and Counselors at Law 601 W.Bannock Street Gary G.Allen Kersti H.Kennedy Randall A.Peterman PO Box 2720 Charlie S.Baser Neal A.Koskella Jack W.Relf Boise,ID 83701 Christopher J.Beeson Michael P.Lawrence Michael O.Roe Telephone:208-388-1200 Jason J.Blakley Franklin G.Lee Jamie Caplan Smith Clint R.Bolinder David R.Lombardi Robert B.White Facsimile:208-388-1300 Jeff W.Bower Kimberly D.Maloney www.givenspursley.com Preston N.Carter Kenneth R.McClure Jeremy C.Chou Kelly Greene McConnell William C.Cole(Of Counsel) Michael C.Creamer Alex P.McLaughlin Amber N.Dina Melodie A.McQuade Bradley J.Dixon Christopher H.Meyer Kenneth L.Pursley(1940-2015) Deborah E.Nelson Thomas E.Dvorak L.Edward Miller James A.McClure(1924-2011) den@givenspursley.com Debora Kristensen Grasham Judson B.Montgomery Raymond D.Givens(1917-2008) 208-388-1253 Donald Z.Gray Deborah E.Nelson Alex J.Gross W.Hugh O'Riordan,LL.M. Brian J.Holleran Samuel F.Parry August 4, 2020 VIA EMAIL: sallen@meridiancity.org Mayor Simison and Meridian City Council c/o Sonya Allen, Associate Planner 33 East Broadway Avenue Meridian, ID 83642 Re: Request for Reconsideration in Case No. H-2020-0012 Dear Mayor Simison and City Council Members: Givens Pursley LLP represents Toll Southwest, LLC ("Toll") who requested to annex, zone, and plat 325 lots on 118.58 acres in Meridian's Area of Impact (collectively, the "Application" or "Project"). The Planning & Zoning Commission heard the Application on May 7 and recommended approval. On July 7, the Application came before the City Council who voted to deny the Application. On July 21, the City Council adopted its Findings of Fact, Conclusions of Law, and Decision & Order (the "Decision") denying the Application. The Decision denies the Application for the reasons set forth in the Findings that are attached to this letter as Exhibit A.1 Per the Findings, the Council denied the Application for two main reasons: (1) lack of compliance with the Comprehensive Plan's goals and objectives for lot size/density transition; and (2) adverse impact on area schools. This request asks the Council to reconsider its Decision.2 1. The evidence in the record shows that the Project complies with the Comprehensive Plan's goals and objectives for compatibility between neighboring uses. The Findings conclude that the Project's zoning is compatible with the FLUM but that the Project is not consistent with the Comprehensive Plan's goals and objectives for transition in lot size/density to existing residential uses.3 The Findings do not cite any specific provision t Decision at p. 2 ("The [Application] is hereby denied per the Findings ..."). 2 This request for reconsideration is made pursuant to U.D.C. § 1-7-10 and I.C. § 67-6535. 'Decision,Ex. A, at p. 48. Page 21 Item#3. August 4, 2020 Page 2 of the Comprehensive Plan that the Project does not comply with, as required by I.C. § 67-6535.4 In any event, the Project is consistent with the Comprehensive Plan's transitioning goals set forth in Section 3.07.01A, which provides that new development should utilize "buffering, screening, and transitional densities" to design projects that are compatible with surrounding uses. The goal of Section 3.07.01 is to encourage compatibility of neighboring uses and maximize the use of land,s not to mandate a specific lot size adjacent to Ada County rural estate properties. The evidence in the record shows that the Project incorporates all three recommended design elements—buffering, screening, and transitional densities—to make the Project compatible with existing residential uses to the west. In addition to the existing grade changes and building setbacks on adjacent Ada County properties, the Project proposes the following to encourage compatibility: • Construction of a 3-4 foot raised berm with wood-styled fencing and trees all along the Project's western border as an additional buffer and screen;6 • Increased rear setbacks in the R-2 zone from 15 feet to 30 feet as an additional buffer;7 • Zoning the property adjacent to the Ada County property R-2—the lowest density designation available in the City's zoning ordinance—and transitioning to higher densities moving west to east;8 • Requiring that all lots in the R-2 zone adjacent to the Ada County property be a minimum 1/2 acre in size; and • Limiting lots in the R-2 zone to 60% single level.' These site design features provide buffering, screening, and transitional densities and were specifically proposed to fulfill the City's compatibility goals outlined in Section 3.07.01 of the Comprehensive Plan. The result is a site design that is compatible with the surrounding residential uses while still fulfilling the property's FLUM designation of medium density residential and fulfilling the Plan's goal to maximize the use of the land for needed housing. Toll remains open to further discussion about additional buffering, screening, and transitional density measures to further comply with the Comprehensive Plan. In reviewing the recorded audio from the Council's July 7 hearing, we learned that the audio from the portion of Toll's opening presentation describing the Project's design features for compatibility is nearly inaudible and indiscernible.10 Idaho law extends due process protections to applicants in land use hearings, which requires that applicants be given an a Idaho law requires that the Decision explain the Council's rationale"based on the applicable provisions of the comprehensive plan."See I.C. § 67-6535(2). 5 City of Meridian Comprehensive Plan§ 3.07.00. 6 July 7 Public Hearing Video at 1:46:40. 7 July 7 Public Hearing Video at 1:46:30. 8 U.D.C. § 11-2-1. 9 July 7 Public Hearing Video at 1:47:50. io July 7 Public Hearing Video at 1:44:18-1:48:20. Page 22 Item#3. August 4, 2020 Page 3 opportunity to present evidence." The malfunctioning audio equipment deprived Toll of its due process rights. For this reason and the reasons outlined above we request that the Council reconsider its Decision related to the Project's compatibility with the Comprehensive Plan. 2. The evidence in the record shows that the Project will not have an adverse impact on schools. The Council's Findings state that the Project will result in adverse impacts on area schools.12 However, the West Ada School District provided a comment letter on the Application demonstrating that each school serving the Project has current capacity.13 Specifically,West Ada's letter provides: (i)the elementary school serving the Project will have a capacity of 625 students and only 556 students are enrolled; (ii) the middle school serving the Project has a capacity of 1,000 students with 969 enrolled; and(iii)the high school serving the Project has a capacity of 2,400 with only 1,965 students enrolled.14 Evidence was also provided to the Council that the West Ada School District as a whole has current capacity and has programmed improvements to expand capacity to meet projected growth.15 Evidence in the record further shows that West Ada School District, through its School Facility Plan, owns property and plans to build an additional elementary school to serve the Project area.16 Overall, evidence in the record does not support a finding that the Project will have an adverse impact on area schools. The Council's Decision denying the Project for adverse impact on schools is inconsistent with other City decisions approving residential developments in areas with similar or worse school capacities. It is also inconsistent with the City's standard practice of approving projects where the school district's comment letter and the applicant show available capacity. The school capacities available to the Project stand in sharp contrast to other parts of the City where schools are already overcrowded and development continues to be approved. As submitted into evidence, West Ada School District plans for new schools and expansions based on modeling and demand through its School Facility Plan. The modeling takes actual growth into account, and the school district did not raise any concerns with the Project. We believe the Decision creates an impossible standard for residential developers by requiring them to rebut perceived concerns with West Ada School District's long-term growth plan even when evidence shows area schools have existing and planned capacity that takes approved growth into consideration. The equal protection clause requires the City to treat all applicants the same. Applying the school capacity standard used to deny this Project to all pending and future applications, as required by the equal protection clause, will result in the denial of many, if not all, residential developments due to perceived future school capacity concerns. 11 Neighbors for a Healthy Gold Fork v. Valley Cty., 145 Idaho 121, 127, 176 P.3d 126, 132 (2007). 12 Decision, Ex. A, at p. 48. 13 Decision, Ex. A, at p. 3. 14 Decision, Ex. A, at p. 3. 15 July 7 Public Hearing Video at 1:53:04-2:00:02. 16 July 7 Public Hearing Video at 2:05:50. Page 23 Item#3. August 4, 2020 Page 4 3. Reconsideration request. This Council may reconsider a decision where a party identifies deficiencies in the decision." As described above, substantial evidence in the record does not support the Findings, the Decision is arbitrary, and the Decision does not meet the standards of I.C. § 67-6535 because it does not provide a rationale for the Decision with citations to applicable standards. Further, audio problems during the hearing compromised Toll's due process right to present evidence. Thank you for your consideration of this request for reconsideration. We recognize and appreciate the substantial time and effort the City Staff and City Council have invested in this Project. We believe that another hearing on reconsideration will provide Toll with an opportunity to present evidence as allowed by due process and will also allow the Council to take a fresh look at the standards and evidence that warrant approval of this Project. At a reconsideration hearing Toll would look forward to a continued dialogue with the Council regarding issues surrounding compatibility with our neighbors. Sincerely, Deborah E. Nelson cc: Bill Nary 17 U.D.C. § 1-7-10(4). Page 24 Item#3. August 4, 2020 Page 5 EXHIBIT A 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 City Council finds the proposed zoning map amendment to R-2,R-4 and R-8 is consistent with the associated FL UM designation;however,the proposed development is not consistent with the goals and objectives of the Plan pertaining to transition in lot sizes/density to existing residential properties and orderly growth. 2. The map amendment complies with the regulations outlined for the proposed district,specifically the purpose statement; The City Council finds the mix of lot sizes proposed is consistent with the purpose statement of the residential districts in that a range of housing opportunities are proposed 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 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 City Council finds the proposed zoning map amendment and subsequent development would result 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 City Council finds that the proposed plat is not in substantial compliance with the adopted Comprehensive Plan in regard to transition in lot sizes/density to adjacent rural residential properties, transportation(rural roadways/intersections adjacent to the site),and overburdening of area schools. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services could be provided to the subject property.(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 would be provided by the development at their own cost,the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc.). (See Section IXfor more information) 5. The development will not be detrimental to the public health,safety or general welfare;and, The City Council is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural,scenic or historic features. The City Council is unaware of any significant natural,scenic or historic features that exist on this site that require preserving. Page 25 Item#3. GIVENS PURSLEYLLP Attorneys and Counselors at Law MEMORANDUM TO: Meridian City Clerk; City Attorney; Mayor and City Council FROM: Deborah Nelson, Givens Pursley LLP RE: Response to City Attorney Memorandum re: Cedarbrook Request for Reconsideration DATE: August 17, 2020 In his August 11, 2020 memorandum, City Attorney Bill Nary raised a concern as to whether the Request for Reconsideration for Cedarbrook Subdivision ("Request") was properly filed because it was not emailed directly from the applicant to the City Clerk. This memorandum responds to that concern, to show that the Request was properly filed based on the facts, applicable Code provisions, and the prior decision of this Council on the same facts and Code. UDC 1-7-10 requires a request for reconsideration to "be in writing and filed with the City Clerk within fourteen (14) days of the final approval." The Request was in writing and filed with the City Clerk before 5 P.M. on August 4, 2020, within 14 days of the Cedarbrook final approval. Based on these facts, the Request was properly filed in accordance with Code. There is no dispute the Request was timely delivered to the City Clerk. On August 4, 2020, this law office transmitted the Request via email to Sonya Allen, the planner assigned to the Cedarbrook matter. See Attachment A. Ms. Allen confirmed to this office that she received the Request and would send it to the City Clerk. See Attachment A. Prior to 5 P.M. on August 4, 2020, Ms. Allen forwarded the Request to the City Clerk. See Attachment B. The City Clerk timely received the Request and made it available for public viewing on the City's website by 7:15 AM the next morning. See Attachment C. The question raised by Mr. Nary is whether the Code requires a request for reconsideration to be delivered by the applicant directly to the City Clerk without an intervening party. UDC 1-7-10 does not require direct delivery from an applicant to the City Clerk. UDC 1-7-10 does not specify how a request for reconsideration must be filed with the City Clerk—whether by U.S. mail, in person, or electronic mail—or whether it may be forwarded by another party. The Code does not prohibit delivery by the forwarding of an email,just as it does not prohibit a City employee from receiving and delivering to the City Clerk a request hand delivered to the City in person. Page 26 Item#3. UDC 1-7-10 also does not require a request for reconsideration to be addressed to the City Clerk by name or title. Instead, it is common practice for a request for reconsideration to be addressed to the City Council, the decision makers on the request. The City Clerk's role is to "be the custodian of all public records, ordinances, resolutions and orders of the city council, and such other papers and documents as may be delivered into his or her custody" (UDC 1-8A-2.A.2 (emphasis added)), and to furnish those records to the Mayor and Council, and to the public upon request (UDC 1- 8A-2.0 and D). The City's planning department also plays a role in maintaining and transmitting to the Commission and Council "all materials and correspondence related to land use applications." UDC 11-5A-2 ("The Director with the City Clerk shall receive and examine applications including,but not limited to the following: ... b. Maintain records of all materials and correspondence related to land use applications; ... e. Transmit to the commission or Council all applications related to this title.") This Council recently received and considered a request for reconsideration filed with the same facts as this Request and with the same applicable Code, which has not been amended since April 2016. In November 2018, Spink Butler LLP on behalf of Boise Hunter Homes filed a request for reconsideration of the Council's decision to approve the Owyhee High School(H-2018-0075). The written request was addressed to the City Council, care of Planning Division Manager, Caleb Hood, with a copy to Mr. Nary and to opposing counsel. See Attachment D. The request was delivered via U.S. mail and electronic mail to Mr. Hood with no apparent direct copy to the City Clerk. See Attachment E. The Council considered the request and ultimately declined to reconsider the decision approving the Owyhee High School; in its Order denying the request, the Council made the following finding: "A Request for Reconsideration dated November 26, 2018 of the above-captioned matter by the appellant Boise Hunter Homes was properly filed." See Attachment F (emphasis added). There is no reasonable basis to find that this Request, filed in the same manner as the Owyhee High School Request and under the same Code,was not properly filed. While we disagree with Mr.Nary's assessment of the facts and Code in this instance,we certainly respect his stated policy desire to avoid reliance on city staff for delivery to the City Clerk, and this office will be sure to deliver future requests to the City Clerk directly. Mr. Nary's memorandum recognizes "It is also within the purview of the City Council to rule that since this Request was ultimately delivered to the Clerk by the deadline date because of the fortunate circumstance of Ms. Allen's diligence then service can be accepted." We ask the Council to find that the Request was properly filed based on the specific facts presented—in particular that the Request was timely delivered to the City Clerk in conformance with UDC 1-7-10. Once that determination is made,we trust the Council will fairly and openly consider the substance of the Request for the legal and policy reasons therein described. We appreciate the Council's consideration of this memorandum and of the Request itself. Page 27 Item#3. Attachment A Deborah E. Nelson From: Sonya Allen<sallen@meridiancity.org> Sent: Tuesday,August 4,2020 4:53 PM To: Stacy Wardein Cc: Bill Nary;Deborah E.Nelson;Jeffrey W.Bower Subject: RE:Case No.H-2020-0012[IWOV-GPDMS.FID990895] Thank you Stacy.I'll send this to the Clerk. From:Stacy Wardein Sent:Tuesday,August 4,2020 4:34 PM To:Sonya Allen Cc:Bill Nary;Deborah E.Nelson;Jeffrey W.Bower Subject:Case No.H-2020-0012[IWOV-GPDMS.FID990895] External Sender-Please use caution with links or attachments. Attached is a Request for Reconsideration regarding the above. Thank you, Stacy Stacy Wardein,Legal Assistant GIVENS PURSLEY LLP 601 W Bannock St,Boise,ID 83702 direct 208-388-1249 fax 208-388-1300 stacywardein@ ig venspursley.com www.givenspursley.com Givens Pursley remains open and continues to provide high-quality representation to our clients. We understand the challenges COVID-19 presents to our clients and this community.We have taken precautions to protect our staff and visitors,and to inhibit the spread of COVID-19.For example: 1.We offer online video meetings to all current and prospective clients.We can connect with you regardless of your operating system or device.You can even use your smartphone for videoconferencing. 2.We use e-signatures so you can execute documents without coming to the office. 3.We understand the confidential nature of our work and the impedance of face-to-face interactions.We will schedule personal meetings when necessary. Page 28 Item#3. Attachment B i Chris Johnson i From: Sonya Allen Sent: Tuesday,August 4,2020 4:54 PM To: Adrienne Weatherly;Charlene Way;Chris Johnson Cc: Bill Nary;Andrea Pogue;Bill Parsons;Caleb Hood Subject: Cedarbrook-H-2020-0012 Request for Reconsideration Attachments: 2020-OS-04 Request for Reconsideration.PDF i i From:Stacy Wardein<stacywardein@givenspursley.com> Sent:Tuesday,August 4,2020 4:34 PM To:Sonya Allen<sallen@meridiancity.org> Cc:Bill Nary<b nary @me ridiancity.org>;Deborah E.Nelson<den@givenspursley.com>;Jeffrey W.Bower <jeffbower@givenspursley.com> Subject:Case No.H-2020-0012[IWOV-GPDMS.FID990895] External Sender-Please use caution with links or attachments. Attached is a Request for Reconsideration regarding the above. Thank you, Stacy i Stacy Wardein,Legal Assistant GIVENS PURSLEY LLP 601 W Bannock St, Boise, ID 83702 direct208-388-1249 fax 208-388-1300 stacywardein@givenspursley.com www.givenspursley.com • • UPDATE Givens Pursley remains open and continues to provide high-quality representation to our clients. We understand the challenges COVID-19 presents to our clients and this community.We have taken precautions to protect our staff and visitors, and to inhibit the spread of COVID-19.For example: 1. We offer online video meetings to all current and prospective clients.We can connect with you regardless of your operating system or device.You can even use your smartphone for videoconferencing. 2. We use e-signatures so you can execute documents without coming to the office. 3, We understand the confidential nature of our work and the impedance of face-to-face interactions.We will schedule personal meetings when necessary. Our team appreciates the trust you have placed in us.We will continue to provide the same relentless legal representation that we have for over forty years. If you have any questions,comments,or concerns,please do not hesitate to contact us. 1 Page 29 Item#3. Attachment C 5carch In Weliunk dsran 4 mtridianoty >- projects > 2020 1 Cedarbr-OASubdiviSian AZ,PP H-20204412 531EMI es Name date created Date modified Page[uunt d Agency Comments 3w'10201:11.1 g PN1 W712020`s-11.66PM d Public CerrifntoLS 3141Z0201:11:26PM 71912o202:1413PM ❑ ApPll<ation 314/202012:SS:10 PM 31402020 1:3&-12 PM 152 ❑ CC.kcria Notice of MtURng69 91212020 722:0d AM S11272020 721,04 AM 1 ❑ CC-Accrla Notlee of Kearhng7-7 611112020 7:32:33 AM Us 1129M 7:32:38 AM 1 ❑ cc-AffldavnofauplKapanc•9 S11 91202 0 9:05:32AM 5119120201:4&31PM 3 ❑ CC•AFfldavq OFSW Pmi;Ing for 5.9 SI27120208:64;58AM 512712029 823:55AM 5 ❑ CC•ApplKarrr5gegaust fqr Reconsrderahon W512020 7:1S:20W 815120M 7-15d0 AM 5 ❑ CC•Appl"nt'5letter W City CounoI 7R12020 2:12:33 PM 71712020 2:12:37 PM 3 ❑ CC.AppiKant-5 Request to Ca pnim to July 7th W312020 11:SQ07 AM 613120M 11:5v:o7 pJ,1 1 ❑ CC.Ce¢ ItYook Revisions teftw 61 2 9120 2 0 9:W ASAM 6IM202U 9:501AS AM ❑ CC-Colared landscape Rendering 612W20209'4t'56 AAt A129inN 9.42'04 aa1 1 ❑ CC-Commrss a Re dmmendat]Wr.and 51aft RrpOr 712fMx20 11:U7;17AM 712f202V 11:0-4A AfA 47 Page 30 Item#3. Attachment D ATTORNEYSS P � N K ED` U T L E R AT LAW T.HETHE CLARIK (208)388-3327 HCL.ARK@SPI N KBUTLER.COM Via U.S.Mail and electronic mail (chood©rneridiancitu.orQ) November 26,2018 Meridian City Council c/o Caleb Hood,Planning Division Manager City of Meridian 33 E.Broadway Ave. Meridian,Idaho 83642 Re: REQUEST FOR RECONSIDERATION Findings of Fact,Conclusions of Law for Owyhee High School(H-2018-0075) SB File No.23133.0 Dear Mr.Hood: Please consider this letter a request for reconsideration pursuant to Meridian City Code 1-7-10 and Idaho Code Section 67-6535. [content of Zetter omitted] Very truly yours, T.Hethe Clark he/bdb c: Client Mark Freeman (mfreemanQfoleyfreeman.com) Gary Allen(garyallenQgivenspursley.com) Bill Nary,City Attomey(bnaryQmeridiancity.org) Page 31 Item#3. Attachment E M o n 11I26J2018 4:12 PM Barbara Beaushaw �BBeaushaw@spinkbutler.corn> Request for Reconsideration(H-2018-0075) To 'diood@meridiandty,org' Cr 'ttudcerlahoisehunterhomes,com';Geoffrey M.Wardle;Nettle Clark;'mfreemanWoleyfreeman,rom';Gary G Allen;'hnaryrlmeridiandty.org' Ea Reconsideration Letter-WASID(Final),PDF M 2 MB Please see the attached letter from Hethe. Please let me know if you have any questions. Thank you, Barb Barbara Beaushaw,Legal Assistant 251 E Front Sheet,Suite 200 1 PO Box 639 1 Boise,Idaho 83701 bbeaushaw@srphkbutler.cam I T208.388.10M I 1=2M.W8.1001 S P I N KLFE_ B UTLER ; ATTORNEYS AT LAW CONFIDEKTIALFFY MOTICE= It may cminn inbxarallon Ihatisprinleged,mnfi k!nlial,andbrpml c]Fmm alwA m unde ver r apphmhlela mci�dng,bit—1 linited la the a'lomey<fentpmilege arrd,br xar4 prod id—Irma. IF?auare not the intended mopientoF his ban rnn i n pl..-pl..-nobly the sender ii diabely by xlephone.Oo nol deli ,d�'bule-—py'his .ransmissnn,ci cleae its_ ,amke any anion in mlionoe w the nFx zd n it wniains. THIS E- MLI&NOr AN OFFER OR ACCEFFANCE: Nxsilhslandngthe unaprm F]ecmnic Transac6a-Acl u arry other lxr&simiar impon,ahserxanexpeess slaxrnmlwlhe wra-ary mrrairred in the aynail,rreilherlFixe- rnai na any allaeArnenl aie an offer or acceplanee to enkr imoa om tra ot,and aie notinlendedbbind the under&n gdharperwnor—lily. Page 32 Item#3. Attachment F BEFORE THE MERIDIAN CITY COUNCIL C/C 12-11-2018 IN THE MATTER OF THE REQUEST ) Case No.H-2018-0075 FOR RECONSIDERATION OF OWYHEE } HIGH SCHOOL ) } WRITTEN MEMORANDUM OF CITY COUNCIL ACTION TO DENY REQUEST FOR RECONSIDERATION AND AFFIRM BY BOISE HUNTER HOMES ) ITS DECISION IN THE MATTER APPELLANT. ) A Request for Reconsideration dated November 26,2018 of the above-captioned matter by the appellant Boise Hunter Homes was properly filed. The City Council scheduled the request to be considered at its regularly scheduled meeting on December 11,2018 and provided Notice of such to the appellant. The City Council considered the written request and AFFIRMED its decision as set forth in the Findings of Fact, Conclusions of Law,and Decision and Order dated November 7,2018. An affected person aggrieved by the final decision in this matter may seek judicial review as provided by chapter 52,title 67,Idaho Code. By action of the City Council at its regular meeting held on the 111h day of December,2018 ROLL CALL ON MOTION TO AFFIRM its decision as set forth in the Findings of Fact, Conclusions of Law, and Decision and Order dated November 7,2018: COUNCILMAN TREG BERNT VOTED YEA COUNCILMAN JOE BORTON VOTED YEA COUNCILMAN LUKE CAVENER VOTED COUNCILWOMAN GENESIS MILAM VOTED YEA COUNCILMAN TY PALMER VOTED YEA COUNCILWOMAN ANN LITTLE ROBERTS VOTED YEA MAYOR TAMMY de WEERD(TIE BREAKER) VOTED N/A REQUEST FOR RECONSIDERATION Case No.H-2018-0075 PAGE 1 OF 2 Page 33 Item#3. Attachment A Deborah E.Nc Ison From! Swwya Allen <salleaPmeridiandityr_o-rg} Seat_ Tuesday.August 4.2020 4:53 PM TV; Stacy Wardeln Cc, Bill Nary;Deborah Edelson;)efffey W.Fowff 5uhjr.CC RE:CA3e No.H-2026-CO12 DVV0V-GP i 1S.FId99W5] Thank you Stacy.I'll send this to the Clef€- From:Storey W W drt Sent:Twiday.August 4.2020 4,34 P41 To: Sonya Allen Cc: Bill Nary; Deborah E.Nelson,Jcrfmu W, Bower Subject:Grse No-H-20ZO-012[1 OY-&PbMS.FJM908g3j E k li ruu I Send r-Fease we eatlOw with links thr a3rbchmcn . Attach d is a Reques[for Recnnsidrui44wi rrgarding the above. Thank you, 51�cy Stacy Wardeity Lr}3al Asgiswrd 601 W Bannock St.Boise, ID 11J7♦}2 direct ZO-398-1249 Elm 709-M,1300 StdCy Vr'LrilCkrFr,�1 V C�Sj 1tGi4�.](yQQ,I�} W�'w,e i yes S sy urx1�y.+:un I Givens Pursley mmalns upon mud euntinues ter pnivide high-quality mprenotetion to our tlftnis. e widerswnd Ilu chancre} .OVID-19 prceents to our c[ients sod this community-We have Iakcn precautions to protect our staff and visitors wid to lr6hibir Lhr,w}rrrad of COVID-11],FVT example: .We offer um]ir,e vide:ce mC�ALeig5 to a]I cwcm and prospoctive climrs. We-08a oanneet with ytln rcgarxllcss of your oparjbn�system or dewier-You uim even use your saaartphone for widaaaonfcn reireg 2-We ugh c-signatsu'es so you can execute dAXW1WC is wit OLIL coming Ue dir nfllice- 3.We and iand the eanfidential nauiv oiour work mjyJ the impcdan"of f e•to•race interwtinn_ti-We will schedule personal niaatings ufien nesesssary- P Page 34 Item#3. Attachment B Chris Johnsart From: Sonya Allen Seat Tuesday,August 4,2020 4:54 PM To, Adflenne Weatherly:Charlene Way.ChrisJohri5an r Bill Mary,Andes Po kt4e,Rip Pw5Qns,Caleb Hood Subject- C,edarbmak- W-2020•0012 Request fr,r Reoonsrderatlan Attachments: 2020-09-D4 Request for Re€orrsideratloq,PpF Frorn:Stacy Warttein<tarywaFdein Venspurs€ey,cam} Sala;TUtSdaXr Augu.St 4r 2D20 4:34 PM! To;Sonya Allen<sallen@fnerldtanclty.o-rg-� Cr,RM Nary ctnafy@mer+diarKji y,ar&>;Deborah E.Nelslaal cden@ glvenspursley,eolri,;leffroy W.Bower -:jaffbawtrggiverlspursley,Corn> Swbject,Caw No,H-2020-0012[IWDV-GPtM5.rlce90 451 FA rnai ScFLder-Pkpsc,use caution with links or attacltmcnts, AttaL,hed la a Request far Reeoin&ldera Hun regard i ng the above- Thank your Stacy Stacy Wa rdein, Legal Assistant rvvis PUR,91, Y UP 601 W Bannock 5t Boise, ID 33702 d irett 200-388-1249 fax $ 13Q4 Alp. rwar aln@Rlven$pursley,com waves-elWnsp uMlfa-Gom COVID-19LIPL)ATE Givers MMIDy rernalna open and rvnlnues tD provklo high,queliiy reprmontatlan to our c0ept5- Wounderslend Use tha legeaCOVID-iB presermaio Wr dierms and Ihacommmhy.We heue Fakan rro oiwn Iq prvhKapurmeN eF1jvi5 we, and 10 rrhlbikthe spread aFCQVID•19.Far azprnPNI: I VNe offer cnllna vMeo-mealkpa W v1 currelk;and prospedwe 4 us.W a can connect wln yftu regmlksi of yaw aperallog el/Lhf,S u d,Ydae.YOU n lYkh J88 yWr n nmLph�ne fat vldpgqanfmencl,g k l+N.woes Qhnnalreaapyou€-pn mecuto down-ranle Yvlrrwutcnlm41olhe o". 9 Wo Und& tarsd me ecnmfwbisl nsWre of ourvmrk Grid UlB?Y,pUdenoe at ieoe+Ib Fate In6emtFions.Wewn s&ad,ln pmsahul mmilhgs wham wdedsary. 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Attachment D CL SP INK MBU1 ': LER __j AT10P NEYS AT LAW T.Mrrwr;CLAFK (208)3LIWL427 L 1AEM_V5F'1NK 7JTLER.C9M Via U.S.Mail grad eketronic m arr(chaoMnterrd1=dfy_ � NovcmL er 26,2018 Morid!an City C'auncll cie Caleb Hood, 1911avning Division Manager City of Mt-ridian 33 E.Broadway Ave. MferidiM Idaho 83641 Re: REQUES-f FOR RECONSIDERATION Findingg of Fact,Conclusions of Law for Owyhee High School �11-20154 S) 513 Fiic Nn-231310 Dear Mr. Hood- Please consider this letter a rg_ uvst for reconsideration pursuant to Meridian City Code 1-7-10 and Idaho Cade Section 67-6535. [content of letter omitted) Very truly yours, T_Hethc Uark he/bdb C: Client Mark freeman (mfree_rMg@faleXfreeman.coM) Gary Allen(ftary iygaagursleyrc m) Bill Mary, City Attorney(brava meridiancit .or Page 37 Item#3. Attachment E Mon 1 11261201 8 4:12PM Barbara Beaushaw <BBeaushaw@spinkbutler.com> Request for Reconsideration (H-2018-0075) To 'chood@meridiandty.org' Cc 'ttudcerfboisehunterhomes.com';Geoffrey M.4qardle;Hethe Clark;'mfreemanMleyfreeman.com';Gary G Allen;'bnary@rneridiandty,org' par Reconsideration Letter-WASQ(Final).PQF M 2 MB Please see the attached letterfrom Hethe. Please let me know if you have any questions. Thank you, Barb Barbara Beaushaw,legal Assislont 251 E Front Sheet,Suite 200 1 PO Box 634 1 Bcke.Idaho 83701 bbeaushaw@soinlbutler.com I T 20833E AXO I F 20&388.1001 SPINKFBUTLER; ATTORNEYS AT L A W CONFI]E WMLIrY NOTICE:rFis•sanzmisznn is hrlendedady for the use F Jr ndvid.ral{z}named as rrdperin.It my cmlan irkn—lim Ihat is prMleged,mnlidenlial,nnd'm pml d From dzdpsure urder awoi-hle law it tiding.ho..nol linited Iq the a.I—y<ient priilegeand.brwrk prods d—lnne.If ruare not the irberded m6pentoF'his transm®on,please nobly the sender iarnediably by xleptnne.Do nol deliver,d�rihule mmpy'his .raps mun,cl cI—e its mnterd3,p takr_yaction in mliznce an the i l—fian itooniaim. THIS E- MLI&WOTAN OFFER OR ACCEPTANCE: Notwilhslancingthe unaprm@-'mnic Tmnsaclions Acl a arymher bwafiinMnrimpud,ahsenLan-pess slaxmmlta the mriarymr'zimdinlhisemail,milFarlHse- mai nor any.ILxh—nI are an o4fi—accaplan¢Ie enkr iM .ranl,d.and am not inlrnded] hind the sender or any,lher pers—enlily. Page 38 Item#3. Attachment F BEFORE.THE MEJUDIAN CITY COUNCIL CJO 12-11-2018 TN THE MATTER OF THH REQLJHST ) Case No.Ti-2018-0075 FOR RIsCONS)DE`sFtATION OF 0WYI IEE � HIGH SCHOOL � } W IJ`TEAT MEMORANDUM OF } CITY COUNCIL AUFION TO } DENY REQUEST FOR } RFCONSIDERATTON AND AFF'rRM BY BOISF.rIUNTFA FTO MES } ITS DE CMICON IN THE MATTER APPEI LANT- � A Request for Recomideration dared NOWMber 26,2018 ofthc above-captioniA raaw by the appellant Boise Hunter Homes was properly fiple4 The City Council scheduled the requi-_tto he comidered at its regularly scheduiad meeting on L wember 11,2019 aaA provided Notice of stack to the appellant, The City Council considered the written request and Al—'FIRMED its decision as set Forth in the Nadingg cfFact,Conolusians of Law,and Dccisian and Order datodNavembcr 7,2.01 S. An affcx:iml Wsun a riovcxl by the fa Rd decision in this maurr ndy s'cck judicial rcvinv as pyovidcd by chapter 52, title 67,Idaho Coda_ By action of the City Council at its regular meet ng held on the l I"'day of December,2018 ROLL CALL ON MOTION TO AFFIRM its decision as sct forth in the Findings of Tact, Coaclasions of Law,and Decision and Order daaaad Novembu 7,2018, COUNCILMAN NCILMMN T7REG BERNT VOTED YEA COLJNCIL-MAN JOE BORTON V(Y1'EI] YEA COUNCaMAN LUKE CAVR' LR VOTED C IDIJNCii.WO74 AN GFN1:9IS MT.AM VOTFT) YFA COUI-CILtAAN TY PA-L .FR VOTED YEA COUNCILWOMAN ANN LFITL1=RLUBERF VOTED YEA MAYOR.TA MY de VnM D (TIE BREAKER) VOTED NIA Ijj�QUJ?S:r FOR kFL�Ur44It)FftA 10N Cm,n No.n-24184)075 PAGE 1 OF 2 Page 39 C � WE N DIAN --- IDAHO Planning and Zoning Presentation and Outline h2 City Council MeetingAugust 25, 2020 Slide 1 h2 Agenda Item Numbers/Order: hoodc, 12/19/2006 ZONING MAP FLUM Landscape Plan Open Space Exhibit Conceptual ElevationsFamily Detached-Single Changes to Agenda: None Item #4: Teakwood Place - Applicant is requesting a remand back to Planning and Zoning Commission in order to present an updated plat and open space exhibit responding to concerns raised by the Commission. Item #5: Paramount Point (H-2020-0082) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 3.88 acres of land, zoned C-C, located at 6357 N. Fox Run Way, the SWC of Fox Run Way and Chinden Blvd. History: AZ-13-005; PP-13-008; Development Agreement Inst. #103137116, #113083665, 2016-005060, 2017-003462, and H-2017- 066043. Comprehensive Plan FLUM Designation: Mixed Use Community Summary of Request: The proposed short plat is for the creation of four (4) commercial building lots and two (2) common lots for ownership purposes. The northern common lot is being created along Chinden Boulevard for the purpose of dedicating additional right- of-way to Idaho Transportation Department (ITD); the other is a common lot being used as a buffer lot to the existing residential properties abutting the subject site to the south. There are existing sidewalks and landscaping along both Chinden and N. Fox Run Way adjacent to the subject site. The submitted landscape plans show adequate parking lot landscaping in compliance with UDC requirements. However, the landscape plans do not depict the landscape buffers to Chinden, Fox Run Way, or the future Plaza Shops Drive that bisects the property. This should be corrected prior to receiving City Engineer signature. Submitted plans show that access to this site is proposed via driveway connections; one connection is proposed to N. Fox Run Way to the east and the other driveway connection is shown near the south end of the site and connects to W. Plaza Shops Drive, a future east-west road that bisects this property as part of the Linder Village project from the west. This future road is already approved and the right-of-way is in the process of being dedicated outside of this process in conjunction with the Linder Village project approvals—the road dedications are currently in escrow according to the Applicant. Staff is recommending a condition of approval to ensure the road dedication is executed prior to receiving signature on this plat. ACHD has approved of the proposed driveway locations and the road dedication currently in process. The subject site obtained CZC and DES approval for an urgent care facility in 2019 and that building is proposed in the northwest corner of the site (A-2019-0365), on proposed Lot 2, Block 1. In addition, an additional CZC and DES were approved in 2020 for a new bank building located in the northeast corner of the site (A-2020-0078). The bank property is no longer a part of this property because a Property Boundary Adjustment (PBA) was completed to move existing property lines and place the bank on its own property. That PBA was approved in 2019 under A-2019-0364 in conjunction with the urgent care facility application and was recently filed with the county assessor. Compliance with the design standards, parking and landscaping were reviewed and approved with those applications. Future commercial building sites will be reviewed through the CZC and DES application process for code compliance and this includes cross- access for those proposed parcels that do not have street frontage. The short plat does depict future easements for this and said instrument numbers should be on the plat prior to obtaining City Engineer signature. Upon deeper review of the existing entitlements and previous Development Agreements and the related modifications thereof, Staff has determined that to be in compliance with the existing DA’s a new DA Mod is required for this new subdivision. Staff has recommended a condition of approval for this and the Applicant has expressed understanding and agreement with this condition. Commission Recommendation: N/A – Short Plat applications are heard only by City Council when not accompanied by other applications that require P&Z recommendation. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0082, as presented in the staff report for the hearing date of August 25, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0082, as presented during the hearing on August 25, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0082 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #6A: Brundage Estates (TECC-2020-0001) Application(s):  Preliminary Plat Time Extension Size of property, existing zoning, and location: This site consists of 136.63 acres of land, zoned R-4, located east of S. Linder Rd. between W. Victory & W. Amity Roads. Comprehensive Plan FLUM Designation: LDR (64+/- acres) & MDR (73+/- acres) History: This property was annexed in 2014 with the Victory South application; a preliminary plat was later approved in 2016, which was valid for 2 years. The PP consisted of 366 building lots, 20 common lots and 1 other lot on 136.63 acres of land. An administrative time extension was approved by the Director in July of 2018 which granted an additional 2 year period of time (until July 26, 2020) in which to obtain the City Engineer’s signature on a final plat. The reason for the time extension was due to incomplete sewer and water line extensions as well as upcoming improvements to Harris Street. No new conditions were placed on the application with the time extension. nd Summary of Request: The Applicant now requests a 2 2-year time extension on the preliminary plat in order to obtain the City Engineer’s signature on a final plat. The reason for the request is that the Developer has been focusing on development of the adjacent Biltmore Estates (aka Oakwood) and Graycliff Estates subdivisions. Approval of the subject time extension will allow the Applicant to obtain the City Engineer’s signature on a final plat and proceed with development of the property. If City Council does not approve the requested time extension, the preliminary plat will expire and a new preliminary plat application will be required. Since the preliminary plat and previous time extension were approved, there have not been any code changes that would necessitate new conditions being placed on the subject time extension. The Applicant is still required to comply with all previous conditions of approval for this project. Written Testimony: None Staff Recommendation: Approval of a 2-year time extension to expire on July 26, 2022. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number TECC-2020-0001, as presented in the staff report for the hearing date of August 25, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number TECC-2020-0001, as presented during the hearing on August 25, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number TECC-2020-0001 to the hearing date of August 25, 2020 for the following reason(s): (You should state specific reason(s) for continuance.) Item #7A, B: Landing South (H-2020-0005) Application(s):  Rezone  Preliminary Plat Size of property, existing zoning, and location: This site consists of 2.27 acres of land, zoned R-4, located at 660 S. Linder Rd. History: This property was annexed in 1994 without the requirement of a DA. Comprehensive Plan FLUM Designation: MDR (3-8 units/acre) Summary of Request: Rezone of 2.43 acres of land from the R-4 to the R-8 zoning district for the development of 14 residential dwelling units consisting of a mix of SFR detached and 2-family duplex dwellings at a gross density of 6.16 units/acre consistent with the MDR FLUM designation. Preliminary plat consisting of 10 building lots and 3 common lots on 2.27 acres of land in the proposed R-8 zoning district. The minimum lot size proposed is 4,004 s.f. with an average lot size of 6,305 s.f. Duplexes are proposed adjacent to Linder Rd. with SFR detached homes on the eastern portion of the development. Access is proposed via the extension of an existing stub street (S. Spoonbill Ave. from Joshua St.) from the north boundary of the site which ends in a cul-de-sac; 2 common driveways are proposed off the cul-de-sac for access as shown on the plat. No access is proposed or approved via Linder Rd.; an emergency only access exists off-site to the north via Linder Rd. ACHD will allow a temporary construction entrance off Linder Rd. during development of the subdivision but not during home construction. Off-street parking is provided in accord with UDC standards; 2 on-street parking spaces as well as 4 spaces at the ends of the common driveways for a total of 6 spaces are available for guest parking in addition to the parking pads provided on each lot. Staff is concerned there may not be adequate on-street parking for guests and area for trash receptacles on trash day; however, the UDC does not have standards for on-street parking. The Kennedy Lateral runs along the north boundary of this site and has been piped. The PMP depicts a 10’ wide multi-use pathway along the frontage of this site adjacent to Linder Rd.; however, because there is an existing sidewalk that is in good condition in this area, the Park’s Dept. is not requiring it to be reconstructed and is only requiring an easement for a future pathway. A 25’ wide landscaped street buffer is required along Linder Rd. Because this site is below 5 acres in size, the qualified open space & site amenity standards in the UDC do not apply. An open space exhibit was submitted that depicts 0.37 of an acre of common open space consisting of the street buffer along Linder Rd. & the area along the north boundary where the Kennedy Lateral lies. No amenities are proposed. Wrought iron fencing is proposed to be constructed at the back edge of the street buffer along Linder Rd. & along the Kennedy Lateral easement. Conceptual building elevations were submitted for the homes proposed in this development as shown. Single-family detached homes are a single-story in height with stucco finish and stone veneer accents; duplexes are 2-stories in height with a mix of vertical & horizontal siding – the duplex structures are required to comply with the design standards in the ASM. At the first hearing before the Commission, the Commission directed the Applicant to modify the layout of the plat to improve parking & internal circulation and revise the east lots to more of an R-4 size. The Applicant came back with a revised plat with 2 fewer buildable lots and flag lots instead of one of the common driveways but the Commission (nor Staff, nor the Applicant) was in favor of this design. Therefore, the Applicant wishes to go forward with the original layout. Commission Recommendation: Denial Summary of Commission Public Hearing: a. In favor: Josh Beach, Sawtooth Land Surveying (Applicant’s Representative); Jim Jewett, Applicant b. In opposition: None c. Commenting: Jeanette Ockerman, Anthony Baggio d. Written testimony: Chris & Candace Johnson; Jeff Bolen; Kenneth “Scott” Grapatin; Josh Beach, Applicant’s Representative e. Key issues of public testimony: o Request for Joshua St. to extend to the west to Linder Rd. as a permanent access instead of emergency only, or at the very least, that construction traffic is allowed to use this access for development of the subdivision; and that a “No Outlet” sign be installed on S. Tylee Way where it intersects Waltman Dr. to notify drivers the street dead ends to prevent unnecessary traffic; o Mr. Grapatin expressed concern pertaining to the continued provision of irrigation water to his property, which currently runs through the north side of the proposed project & accessibility of the ditch for repairs and cleaning; o The Applicant requested conditions #3b and #3c pertaining to specific tree mitigation be amended based on coordination with the City Arborist to take place prior to the Council hearing; o The Applicant testified there would be one large trash dumpster/enclosure for the development instead of individual receptacles for each unit to eliminate the issue of receptacles in the right-of-way or blocking sidewalks/driveways; o Concerns pertaining to traffic and parking. Key Issue(s) of Discussion by Commission: a. The provision of a pathway from the sidewalk along Spoonbill Ave. to the sidewalk along Linder Rd. and to the north to the pathway along the Kennedy Lateral; b. The Commission directed the Applicant to consider revisions to the plat to make the eastern lots R-4 sized (8,000 s.f. lots) and possibly reduce the density, improve parking and internal circulation, work with ACHD to facilitate a construction entrance off of Linder Rd. until initial occupancy, and include a pathway connection between Lots 58 & 59 from Spoonbill to Linder Rd.; c. Concern pertaining to parking and placement of trash carts on pick-up day; d. Reduce the number of units by replacing the duplex units with single-family detached units; and, e. Possibly reconfiguring the plat so that lots are R-4 size and are a “pinwheel” design off the cul-de-sac. Commission Change(s) to Staff Recommendation: The Commission recommended denial of the project for the following reasons: doesn’t fit the comp plan, challenges with turnarounds and access drives, and revised plat doesn’t address the previous concerns of the Commission. Note: The Applicant requests Council approval of the original plat submitted for this project, not the revised one submitted to the Commission. Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0005, as presented in the staff report for the hearing date of August 25, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0005, as presented during the hearing on August 25, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0005 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Teakwood Place Subdivision (H-2020-0006) by Hesscomm Corp., Located at 1835 E.Victory Rd. Applicant is Requestinta Remand Back to Planning and Zoning Commission A. Request: Annexation and Zoning of 7.35 acres of land with an R-8 zoning district.B. Request: A Preliminary Plat consisting of 26 single-family residential lots and 2 common lots. Page 40 Item#4. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: August 25, 2020 Topic: Public Hearing for Teakwood Place Subdivision (H-2020-0006) by Hesscomm Corp., Located at 1835 E. Victory Rd. A. Request: Annexation and Zoning of 7.35 acres of land with an R-8 zoning district. B. Request: A Preliminary Plat consisting of 26 single-family residential lots and 2 common lots. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 41 Item#4. LEAVITT & ASSOCIATES ENGINEERS, INC. Structural-Civil-Planners August 17, 2020 City of Meridian City Council Honorable Mayor Simison 33 E. Broadway Suite 102 Meridian, Idaho 83642 Re: Teakwood Subdivision Application Mayor Simison, We have made several changes to the Teakwood Subdivision application plan after our last hearing with Planning and Zoning Commission which should meet the requirements and desires of planning and zoning and comply with the Unified Development Code (UDC). These changes include the current homeowner (Lot 2, Block 2) taking access within the subdivision off of the extension of Fathom Street and closing their current access point along E. Victory Road. We are also proposing a 7' attached sidewalk along E. Victory as requested per ACHD's staff report. We have also consolidated the open space to include the turnaround for future roadway connection to the east connecting it to the southern cul-de-sac providing a gateway to the larger open space to the south via a 5' wide pathway. Along that route we have proposed a peaceful pondless water feature providing calming sounds of running water and park benches to sit and reflect with the ability to maintain social distancing. We have increased the overall open space in excess of the UDC and qualified open space at the request of staff. We are requesting City Council approval or remand to Planning and Zoning Commission in lieu of a denial. 7Sincerely, Dan Lardie 1324 11t Street South-Nampa, ID 83651 -(208)463-0333 -Fax(208)463-9040 www.leavittengineers.com Page 42 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Paramount Point (H-2020-0082) by Brighton Development, Inc., Located at 6357 N. Fox Run Way A. Request: To Short Plat 4 commercial building lots and 2 common lots on 3.88 acres of land in the C-C zoning district. Page 68 Item#5. C� fIEN , IN;, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: August 25, 2020 Topic: Public Hearing for Paramount Point (H-2020-0082) by Brighton Development, Inc., Located at 6357 N. Fox Run Way Request: A. Request: To Short Plat 4 commercial building lots and 2 common lots on 3.88 acres of land in the C-C zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 69 PUBLIC HEARING SIGN IN SHEET DATE : August 25 , 2020 ITEM # ON AGENDA : 5 PROJECT NAME : PARAMOUNT POINT 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 Item#5. STAFF REPORT C:�*%- W IDIAN -•- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 08/25/2020 Legend DATE: 0 I�l U Project Location TO: Mayor&City Council IC-3 FROM: Joseph Dodson,Associate Planner C_G C C Q C-,C� 15 CI-G 208-884-5533 SUBJECT: H-2020-0082 R=4 ®® Paramount Point Short Plat m L-O RUT LOCATION: 6357 N. Fox Run Way, in the NW 1/4 of the NE /4 of Section 25,Township 4N., RUT —— Range 1 W. I� R-4 I. PROJECT DESCRIPTION Request to short plat 4 commercial building lots and 2 common lots on 3.88 acres of land in the C-C zoning district,by Brighton Development. IL APPLICANT INFORMATION A. Applicant: Kody Daffer, Brighton Development—2929 W.Navigator Drive,Meridian,ID 83642 B. Owner: DWT Investments,LLC—2929 W.Navigator Drive,Meridian,ID 83642 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 8/7/2020 Radius notice mailed to property owners within 300 feet 8/4/2020 Pagel Page 70 Item#5. Posted to Next Door 8/4/2020 IV. STAFF ANALYSIS The proposed short plat will create four(4) separate building lots and two(2)common lots for ownership purposes. The northern common lot is being created along Chinden Boulevard for the purpose of dedicating additional right-of-way to Idaho Transportation Department(ITD);the other is a common lot being used as a buffer lot to the existing residential properties abutting the subject site to the south. In addition,there are existing sidewalks and landscaping along both Chinden and N. Fox Run Way adjacent to the subject site. The subject site obtained CZC and DES approval for an urgent care facility in 2019 and that building is proposed in the northwest corner of the site(A-2019-0365), on proposed Lot 2,Block 1. In addition, an additional CZC and DES were approved in 2020 for a new bank building located in the northeast corner of the site(A-2020-0078). The bank property is no longer a part of this property because a Property Boundary Adjustment(PBA)was completed to move existing property lines and place the bank on its own property. That PBA was approved in 2019 under A-2019-0364 in conjunction with the urgent care facility application and was recently filed with the county assessor. Compliance with the design standards,parking and landscaping were reviewed and approved with those applications. Future commercial building sites will be reviewed through the CZC and DES application process for code compliance and this includes cross-access for those proposed parcels that do not have street frontage. The short plat does depict future easements for this and said instrument numbers should be on the plat prior to obtaining City Engineer signature. Submitted plans show that access to this site is proposed via driveway connections (see Exhibit VII.A); one connection is proposed to N. Fox Run Way to the east and the other driveway connection is shown near the south end of the site and connects to W. Plaza Shops Drive, a future east-west road that bisects this property as part of the Linder Village project from the west. This future road is already approved and the right-of-way is in the process of being dedicated outside of this process in conjunction with the Linder Village project approvals—the road dedications are currently in escrow according to the Applicant. Staff is recommending a condition of approval to ensure the road dedication is executed prior to receiving signature on this plat. ACHD has approved of the proposed driveway locations and the road dedication currently in process. The submitted landscape plans show adequate parking lot landscaping in compliance with UDC requirements. However,the landscape plans do not depict the landscape buffers to Chinden,Fox Run Way, or the future Plaza Shops Drive. This should be corrected prior to receiving City Engineer signature. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-613-5A.2 and deems the short plat to be in substantial compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. Page 2 Page 71 Item#5. VI. EXHIBITS A. Short Plat(date: January 2020) (W.7.1INDEN BLVD. "PARAMOUNT POINT W. IS DF B N BUYS. OIPJY 2B-2Pil SUBDIVISION A PORTION OF THE N,WW'.1/4 OF THE N.E.1I4,SECTION 25, LOT 1-022 ACRES TOWNSHIP 4 NORTH,RANGE 1 WEST,B.M.,CITY OF LEGS, ME=1AN,ADA COUNTY",IDAHO secrloNALcpRNER 2020 I � 1145EOTIONAL CORNER ---------------- 46n39;".,___--_-_� � 5£T�Jd"REB4R&PLASTICCPP PLSRF�FODN OEBRE P.LS.TBBB R II p FOUND 112 RESAA%R P.LB.HBO UNLE55 OTHERWISE NOiEO OLaK 1 ,II FOUND BB REBAR NO CAP LOT2 (.]—/'l 8 9ET IR'-AR WITH PLASTIC C MARKED 0.54 ACRES IVVJ ES MI ILA P D W M G FDU NDM-FEBARWITHILIEGIBLEGAP -� ,,,{{{��0� ■ FODNO518"RESAR WITH ILLEGIBLE[AP ^ N�ro • P.O.B. POINTDFBEGINNING A,I- P.O.C. PCINTOF COMMENCEMENT 1 P.U.I.O. PUBLIC UTILITY.IRRIGATIONANDDRNNAGEEASEMENT NOT A PART j I — — SECTION LINE I I 29.50' 29.5D' EASEMENT LINE • J+ I^ I LOT HNE ASUACENF PARCEL LINE C.P&F. CORNER PERPETUATION AND FILING INSTRUMENT NUMBER I IWACENT LOT NUMBER �I T-v-S_as- (/� ]9 ECO � MONUMENT HAS NO CAP AND 'SOUTH OF RRD POSITION yyy�i ee'E iA.se----� Ilry I Iry7 FC j6 Ml I ?� � .@IT!,• 1 = 0�4 MONUMENT HHS NO CAP ANDI50 SOIfR1.1]' DF RECORD POSITON S� Q tl ANTICIPATEOFUTURERIGHT-OF-WAY f �i,l I �' - OS u�e' SM FWR NEASEMENTPURSWNTTOINSTRUMENTNo.rrrrrxxvx BLpCK9 Iel ����'U/ .a WATSR MA I N EASEMENT PURSUANT TO INSTRUMENT N.xxxxxxxxx LOTS @ ers1! 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IB 1T ��.x 1fi agarN"ae�os _ - 1 (2DB)895I252042 E—�I1 E— JB PmJecik lD-216m2001 Page 3 Page 72 Item#5. B. Site Plan(approved with Paramount Urgent Care application) — — I a I� I I I• ^b. - - l i I I o '��i t I ➢� �k - I I y�� q h b f � 41 �I a -A I I � I � i i ���' _✓� �€ �n MERIDIAN,IDAHOI� CONSTRUCTION DOCUMENTS a (R PARAMOUNT URGENT CARE O � r Page 4 Page 73 Item#5. C. Landscape Plan d V 2 ::u BAER� e��+amm PLANT SCHEDULE R. — .gym Aro 15 ,I�,-E Rr ~ iL A � ui I corrcn w.c p LI/OSCME AUTE%�LS pEYE1OPER WDSCI{E IRCNIiECT iL '93i �Q IX•vi,., �e�"w°ii.,¢°f-Irw� uu�et L9K ua z C •� Ln wi�u�x rgw rxcxEe,—pox xe-iaN,sa� f0 �rFE �L LRRCiSCIPE LEREIi] cc� C � 7 a •'-�d.�. L.lJLBCAfE RE0UR9B11B CL CL t $HpR7 PLA7 LANDSCAPE PLAN °o ed.r-saa L1.Q Page 5 Page 74 �OEM AK 1 — us I Hs2 0 � 4 Item#5. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(AZ-13-005; PP-13-008; Development Agreement Inst. #103137116 113083665,2016-005060,2017-003462 and H-2017-066043). 2. Prior to the receiving City Engineer's signature on this short plat,the Applicant shall obtain a Development Agreement Modification approval in order to be in compliance with the previous development agreements and subsequent modifications on this site. 3. Prior to the receiving City Engineer's signature on this short plat,the Applicant shall provide proof to the Planning Department that the right-of-way for W. Plaza Shops Drive has been dedicated to ACHD. 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 11-6B-7. 5. Prior to submittal for the City Engineer's signature, obtain the signatures of the Ada County Highway District and the Central District Health Department. 6. The short plat prepared by Horrocks Engineers prepared on January 2020 by Fritz Brownell, included in Section VII.A shall be revised as follows: a. Include recorded sewer instrument number. b. Include recorded water main instrument number. c. Include recorded public utility and drainage instrument number. d. Include recorded Idaho Power instrument number. e. Include recorded ingress and egress instrument number. f. Include recorded ACHD instrument number for W. Plaza Shops Drive. 7. The landscape plan prepared by Baer Design Group, dated May 19, 2020, included in Section VII.0 shall be revised prior to receiving City Engineer signature on the plat as follows: a. Depict the required landscape buffers along Chinden Boulevard(SH 20/26), N. Fox Run Way(a collector street),and future W. Plaza Shops Dr. b. Show the existing landscaping within the street buffers to Chinden Boulevard and N. Fox Run Way. c. Show the required landscaping along future W. Plaza Shops Drive within the required landscape buffer on Lots 4 and 5,Block 1, and on Lot 1, Block 2 in accord with UDC 11- 3B-7C. d. Depict the location of the required 10-foot multi-use pathway along Chinden(SH 20/26). 8. Prior to submittal for City Engineer signature,the applicant shall submit a public access easement for the multi-use pathway along Chinden Boulevard(SH 20/26). Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side).Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. Page 7 Page 76 Item#5. 9. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The width of sanitary sewer and water mainline easements shall be provided consistent with those detailed in General Condition#20 below without overlapping. General Conditions: 2. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 3. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 4. 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. 5. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 6. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 7. 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. 8. 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. 9. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 10. Applicant shall be required to pay Public Works development plan review, and construction Page 8 Page 77 Item#5. inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-14B. 15. 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. 16. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 17. 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. 18. 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. 19. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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 Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- Page 9 Page 78 Item#5. domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 24. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 25. 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; The Comprehensive Plan designates the future land use of this property as Mixed Use Community and the current zoning district of the site is C-C. Staff finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to this property and are adequate to serve the future commercial building sites. 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 were 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 as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to create new commercial building lots 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 short platting this site. Page 10 Page 79 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Brundage Estates (TECC-2020-0001) by LC Development, Generally Located East of S. Linder Rd. Between W. Victory Rd. and W. Amity Rd. A. Request: A 2-year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Page 80 Item#6. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 25, 2020 Topic: public Hearing for Brundage Estates (TECC-2020-0001) by LC Development, Generally Located East of S. Linder Rd. Between W.Victory Rd. and W.Amity Rd. A. Request: A 2-year Time Extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 81 PUBLIC HEARING SIGN IN SHEET DATE : August 25 , 2020 ITEM # ON AGENDA : 6 PROJECT NAME : BRUNDAGE ESTATES 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 Item#6. STAFF REPORT C� v COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/25/2020 legend DATE: TO: Mayor&City Council I�..+J Project Dacfltan R1 R-� � FROM: Sonya Allen,Associate Planner RI R RUT 208-884-5533 R- R T� SUBJECT: TECC-2020-0001 Brundage Estates R-40 LOCATION: East of S. Linder Rd. between W. R-S R-1S Victory Rd. &W.Amity Rd., in the west RUT '/z of Section 25,T.3N.,R.1W. R7 RUT R- L Rig I. PROJECT DESCRIPTION Request for a 2-year time extension on the preliminary plat in order to obtain the City Engineer's signature on a final plat. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 136.63 Existing/Proposed Zoning R-4 Future Land Use Designation Low Density Residential(LDR)64+/-acres&Medium Density Residential(MDR)73+/-acres Existing Land Use(s) Rural residential/agricultural Proposed Land Use(s) Single-family residential Lots(#and type;bldg./common) 366 buildable lots,20 common lots and 1 other lot Phasing Plan(#of phases) 11 Number of Residential Units(type 366 single-family detached of units) Density(gross&net) 2.68 units/acre(gross)/3.5 units/acre(net) Open Space(acres,total 20.48 acres(or 14.99%)consisting of an 8.24 acre City [%]/buffer/qualified) neighborhood park,2 pocket parks,a linear open space area where the William's Pipeline is located, 'h the street buffer along Linder Rd.,street buffers along collector streets and parkways along internal streets. Amenities Tot lot with children's play structure and a park bench,a multi-use pathway within the William's pipeline easement and along the Calkins Lateral,micro-paths and a gazebo. Page 1 Page 82 Item#6. Description Details Page Physical Features(waterways, The Williams Northwest Gas Pipeline crosses this site& hazards,flood plain,hillside) lies within a 75' wide easement;the Calkins Lateral runs along the southwest corner of the site&the Sundall Lateral runs along the northeast corner of the site;another small irrigation ditch also crosses the site. Neighborhood meeting date;#of July 16,2020(Zoom)—No one RSVP'd for the Zoom attendees: meeting but the Applicant did speak via phone to 4 people. History(previous approvals) AZ-13-014(Ord. 14-1594)Victory South; H-2016- 0001 (PP); A-2018-0231 (TED)A Development Agreement is required to be executed prior to submittal of the first final plat application; the specific provisions of the DA are included in the Findings for the preliminary plat. B. Project Area Maps Future Land Use Map Aerial Map Legend LEI e � 0 Legend PrajeoiLuca-hor I�en 141 F'°oea- Lcaa-�or J� I Residnfial +keawm Density Residential U III. APPLICANT INFORMATION A. Applicant: Cody Stoeger,L2 Construction,Inc.—PO Box 1669,Meridian,ID 83680 B. Owner: Centers Farm,LLC—PO Box 518,Meridian, ID 83680 C. Representative: Same as Applicant Page 2 Page 83 Item#6. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 8/7/2020 Notification mailed to property owners within 300 feet 8/4/2020 Applicant posted public hearing notice on site 8/13/2020 Nextdoor posting 8/4/2020 V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDO Per UDC 11-613-7C, "Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two (2)years as determined and approved by the city council may be granted. With all extensions, the director or city council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title." The preliminary plat for this project was approved by City Council on July 26, 2016 and was valid for 2 years. Prior to the expiration date, an administrative time extension(A-2018-0231)was requested and approved by the Director on July 16,2018,which granted an additional 2 year period of time until July 26, 2020 in order to obtain the City Engineer's signature on a final plat. The reason for the previous time extension was due to incomplete sewer and water line extensions as well as upcoming improvements to Harris Street.No new conditions were placed on the application with the time extension. Prior to expiration of the previous time extension,the Applicant submitted a request for a subsequent time extension. The reason for the request per the Applicant's narrative,is that the Developer has been focusing on development of the adjacent Biltmore Estates(Oakwood) and Graycliff Estates. Since the preliminary plat and previous time extension were approved,there have not been any code changes that would necessitate new conditions being placed on the subject time extension. Therefore, Staff recommends approval of the Applicant's request without any new conditions;the Applicant is still required to comply with all previous conditions of approval for this project. Approval of the subject time extension will allow the Applicant to obtain the City Engineer's signature on a final plat and proceed with development of the property. If City Council does not approve the requested time extension,the preliminary plat will expire and a new preliminary plat application will be required. VI. DECISION A. Staff: Staff recommends approval of the proposed time extension for a time period of 2 years as requested to expire on July 26,2022. Page 3 Page 84 Item#6. VII. EXHIBITS A. Preliminary Plat(date: 1/6/2016) -M Je ,.� .,.. ..--- T--„-.------.��- PRE2 di it Page 4 Page 85 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Landing South (H-2020-0005) by Jim Jewett, Located at 660 S. Linder Rd. A. Request: Rezone of 2.43 acres of land from the R-4 to the R-8 zoning district. B. Request: Preliminary Plat consisting of 11 building lots and 2 common lots on 2.27 acres of land in the proposed R-8 zoning district. Page 86 Item#7. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 11, 2020 Topic: Public Hearing for Landing South (H-2020-0005) by Jim Jewett, Located at 660 S. Linder Rd. A. Request: Rezone of 2.43 acres of land from the R-4 to the R-8 zoning district. B. Request: Preliminary Plat consisting of 11 building lots and 2 common lots on 2.27 acres of land in the proposed R-8 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 87 i PUBLIC HEARING SIGN IN SHEET DATE : August 25 , 2020 ITEM # ON AGENDA : 7 PROJECT NAME : LANDING SOUTH PRINTED FULL NAME For Against Neutral Want to Testify YES OR NO 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#7. STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING August 25,2020Legend - - -- DATE: om Continued r August 11, 2020 -- f Iff Project Lc for TO: Mayor&City Council 01 - [ a FROM: Sonya Allen,Associate Planner E 208-884-5533 E SUBJECT: H-2020-0005 Landing South—RZ,PP LOCATION: 660 S. Linder Rd. (Parcel #51213233965;NW'/4 of Section 13, T.3N.,RAW.) ' I. PROJECT DESCRIPTION Rezone of 2.43 acres of land from the R-4 to the R-8 zoning district; and Preliminary plat consisting of 10 building lots and 3 common lots on 2.27 acres of land in the proposed R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.27(includes area to section line of Linder Rd.that is owned fee simple) Existing/Proposed Zoning R-4 existing/R-8 proposed Future Land Use Designation Medium Density Residential(MDR)(3-8 units/acre) Existing Land Use(s) Residential(single-family home&accessory structures) Proposed Land Use(s) SFR(single-family residential) Lots(#and type;bldg./common) 10 buildable lots/3 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 14 units total [(4)2-family duplex dwellings with a total of of units) 8 units&6 standard SFR detached dwellings) Density(gross&net) 6.16 units/acre(gross); 7.65 units/acre(net) Open Space(acres,total 0.37 of an acre including street buffer along Linder Rd. and [%]/buffer/qualified) area where the Kennedy Lateral is located. (Note: Qualified open space is not required because the site is below S acres in size) Amenities None proposed(Note: Qualified site amenities are not required because the site is below S acres in size) Physical Features(waterways, The Kennedy Lateral runs along the north boundary of the hazards,flood plain,hillside) site and has been piped Pagel Page 88 Item#7. Description Details Page Neighborhood meeting date;#of 10/17/19;3 attendees attendees: History(previous approvals) Johnson Annexation(Ord. 631 in 1994),no DA;ROS #2605 (created subject parcel) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Access Access is proposed via an existing local stub street from the north(S. (Arterial/Collectors/State Spoonville Ave.);an emergency access via Linder Rd.exists to the north Hwy/Local)(Existing and on Lot 55,Block 5 in Landing Subdivision No. 12 Proposed) Traffic Level of Service Better than"E"(Linder Rd.) Stub No other stub streets exist to this property other than from the north(S. Street/Interconnectivity/Cross Spoonville Ave.),from which access is proposed;no stub streets are Access proposed to adjacent properties to the east or south as those properties have already developed. Existing Road Network None Existing Arterial Sidewalks/ There is an existing attached sidewalk along Linder Rd. constructed in Buffers 2015 with the adjacent road improvements but no street buffer Proposed Road None(proposed right-of-way dedication to total 48' from section line of Improvements Linder Rd.abutting the site) Fire Service • Distance to Fire Station 2.3 miles • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#1 can meet response time goals • Resource Reliability 75%-does not meet the target goal of 80%or greater • Risk Identification 2—current resources would not be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can 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 Page 2 Page 89 Item#7. Police Service • Distance to Police 2.5 miles Station • Police Response In an emergency,just over 3 minutes,with an average time of just under 4 Time minutes(meets target goal) RileridLem p¢I PL ment.The landing�jZah L, akmo or newel_-,elm•enl E.603L,nderAord 71Te FrYme- 112141,f24)19-0L(31J20W Lrapl oF'"4&;LoS1.DplyarPe WUppQIln.0 0IgrkT.111p-M7491 Calls for Serrloe ICF%�:llesponse time-tMspotilm 1aArdwd Io11 unitsM .%rrrnp PesP7'sr Ti—t- 4f p"arlgy: VtV Or OMMIAP' PrianYy 3 3:49 PrAxMle 2 7.03 Araxkp 1 16,34 Auerare Response Trues bs Flmarlty:Vmv Armn"T 9:45 Crll%fWSorrlor ICFSr Coils wtunfntlnRD'M)1!' CFS Caunr 7arrr 2,SA¢ k of Ullt lnr riaiwlrr ip lit;Prlearf In-WAS, 't GI R3 CF3 14n .•nf'Rr CFS 7L9% 1I:of PA M 24 8% %qPo efs a.ax DORM cArne coal romd 3i] Creshei '[rash 10 nr TW2 n West Ada School District 1nrDlimpM Capaaty Wei. • Distance(elem,ms, Pznwrine{lernrntary $56 650 ! hs) MI Alan Mddle St i&M 12110 Im 1.9 • Capacity of Schools ' e'Lell I Hip 5&00M 1975 MC0 10 • #of Students dr.ie Lu the abundant anwunl d Rrvarth In Lhe afea,Vfe3l01da fi adludy buddng new sutioals,and hcurdarles m always Enrolled Ghaning 7h"Iutpr+41u14n14 cA,lld pgyfnr411y atto+ld Pl rcrM y14W Flenxnlir%21nd C"hre Kch Srhwl, • #of Students Predicted from this 9 development Wastewater L • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project 14 units total—(4)2-family duplex dwellings for a total of 8 units&6 standard Sewer ERU's SFR detached dwellings • WRRF Declining 13.88 Balance • Project Consistent No sewer mainlines in common drives,only sewer services(reminder that a with WW Master maximum of three services are allowed into a manhole,with a minimum 30- Plan/Facility Plan degrees of angle separation). Water • Distance to Water Directly adjacent Services • Pressure Zone 3 • Estimated Project 14 units total-(4)two-family duplex dwellings for a total of 8 units&6 Water ERU's standard SFR detached dwellings • Water Quality None • Project Consistent Yes with Water Master Plan Page 3 Page 90 1ul1 1 ■ate IIJ, — �� ■_. �fil■■■■qIS ■. ■ _ } `— — • !"-�;`l� .err,-f•',{•'� .. Is NO It u 11nuu■11 ;x' 1 ' '1'1�2 . IIIII -� .II•II ,,. _i y r 84 Is � 2 uuw v III II 111 I II■IN�•11.11 .' �■ —■ 7aie - Nl lllllu uluuuuu ■--�__� III-I I'I.r * • ` i N Mill ... III I ui u.ya IMIN1 1 IIH ' 'I ism 11111111 .. : :■ .�-;uw 1 _ •I a.l.11l.l.l ■� ;ININIII ■ ME _ IIII II�I IIIII -"2 2' '--1■11■1■ �__ IIIIII"I • "-� II IIZ�-" II NIIIII =— '■11.11 1.== .III - -- � ' •III.II � +111111 . . �IIIIII 1111=�°■1 II on — � uuulllllu -■1 w Item#7. C. Representative: Nick Bennett, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 3/13/2020 7/24/2020 newspaper Notification mailed to property owners within 300 feet 3/11/2020 7/21/2020 Applicant posted public hearing 5/20/2020 8/12/2020 notice on site Nextdoor posting 3/12/2020 7/21/2020 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Medium Density Residential(MDR). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The proposed development consists of six(6) single-family detached homes and four(4)2-family duplexes for a total of 14 units overall at a gross density of 6.16 units per acre consistent with the Plan. 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) The proposed medium density single-family detached and 2-family duplex dwellings will contribute to the variety of housing types as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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) Two housing types (i.e. single-family detached and 2-family duplex dwellings) are proposed in this development which contributes to the diversity of housing types available in this area. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential dwellings should be compatible with adjacent existing and future single-family detached homes. Staff is concerned the proposed site design with only two (2) available on-street parking spaces may not be adequate to serve the site; however, the Page 5 Page 92 Item#7. required off-street parking is being met. Four(4) additional spaces are proposed at the ends of the two common driveways. • "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 required to be provided to and though this development in accord with current City plans. • "Encourage infill development."(3.03.01E) The subject property is an infill property that was previously annexed into the City but never developed. Development of this property will maximize public services by servicing land already in the City as opposed to parcels on the fringe. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks along the internal street is required to be provided with development as proposed. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Rezone: The proposed rezone is for 2.43 acres of land,which includes adjacent Linder Road right-of-way to the section line, from the R-4 to the R-8 zoning district.The proposed gross density of 6.16 dwelling units/acre and plan to develop single-family detached and 2-family duplex dwellings on the site is consistent with the Medium Density Residential(MDR)Future Land Use Map (FLUM) designation for this site. A legal description for the rezone area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with a rezone 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 the rezone 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 rezone for approval by City Council and subsequent recordation. B. Preliminary Plat: The proposed plat consists of 10 buildable lots and 2 common lots on 2.27 acres of land in the proposed R-8 zoning district. The minimum lot size proposed is 4,004 square feet(s.f.)with an average lot size of 6,305 s.f.; the gross density is 6.16 units/acre with a net density of 7.65 units/acre. The subdivision is proposed to develop in one phase. Single-family detached dwellings are proposed on Lots 62-67 and 2-family duplex dwellings are proposed on Lots 57-60. Existing Structures/Site Improvements: There is an existing home and accessory structures on the site that are proposed to be removed with development. All existing structures should be removed prior to signature on the final plat by the City Engineer. Page 6 Page 93 Item#7. Proposed Use Analysis: Single-family detached and 2-family duplex dwellings are listed as a principal permitted uses in the R-8 zoning district in UDC Table 11-2A-2. Dimensional Standards (UDC 11-2): R-8 district: UDC Table 11-2A-6) The property sizes and street frontages of the proposed lots and width of the street buffer along Linder Rd. comply with the minimum dimensional standards of the R-8 district; future development should comply with the minimum building setbacks and maximum building height standards of the district as required. 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 block face. There are two(2)common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. The common driveway that provides access to Lots 63-65 should be placed in a common lot.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.A perpetual ingress/egress easement is required to be filed with the Ada County Recorder,which should include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D; a copy of the recorded easement should be submitted to the Planning Division with the final plat for City Engineer signature. Access(UDC 11-3A-31 Access is proposed via the extension of an existing stub street(S. Spoonbill Ave.)from the north boundary of the site; direct access via S. Linder Rd. is not proposed or approved. An emergency access via Linder Rd. exists to the north on Lot 55, Block 5,Landing Subdivision No. 12. Because the surrounding properties are developed and the Applicant is extending the only existing stub street,no other stub streets are necessary to be provided. The extension of the existing street results in a cul-de-sac in excess of the maximum length(i.e. 500')allowed by the UDC;because this is an existing condition and access via Linder Rd. is not allowed,no other alternatives exist. 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 and 2-family duplex dwellings based on the number of bedrooms per unit. Based on 3-bedrooms per unit as proposed, a minimum of 4 spaces are required per unit with at least two (2)in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Future development should comply with these standards. The proposed dwellings all include 2-car garages and outside parking pads; however,the parking pads are only 16' wide and need to be widened to 20'. A parking plan was included on the plat that depicts a total of two(2)on-street parking spaces available after driveways are provided for each lot(see Section VIILB). Another four(4) spaces are provided at the end of each of the common driveways(2 at the end of each driveway). Staff is concerned there may not be adequate on-street parking for guests; however,there is no Page 7 Page 94 Item#7. UDC standard for on-street parking. Staff is also concerned there will not be adequate area for trash receptacles at the street on pick-up day with the proposed design. Pathways(UDC 11-3A-8): A 10' wide multi-use pathway is designated on the Pathways Master Plan along the frontage of this site adjacent to S. Linder Rd. Because the existing sidewalk is in good condition,the Park's Dept.is not requiring the pathway to be constructed at this time; however, a 14-foot wide public pedestrian easement for a future detached pathway is required. Sidewalks(UDC 11-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. A 5' wide detached sidewalk is typically required along arterial streets (i.e. S. Linder Rd.); however, the Director may waive this requirement to detach the sidewalk where there is an existing attached sidewalk. In this case,there is an existing attached sidewalk along Linder Rd. that is in good condition;there is also existing attached sidewalks on the adjacent developments to the north and south. For these reasons,the Director approves a waiver to this requirement. Landscaping(UDC 11-3B): A 25-foot wide street buffer(measured from back of sidewalk) is required adjacent to N. Linder Rd., an arterial street,landscaped per the standards listed in UDC 11-3B-7C,which require buffers to be planted with a mix of trees and shrubs, lawn, or other vegetative groundcover. Just lawn and trees are proposed; Staff recommends shrubs are added at a minimum. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum,one three per 8,000 square feet of common area is required to be provided along with lawn. Because the common area along the north boundary of the site where the Kennedy Lateral is located is within an Irrigation District easement,no trees are allowed. Therefore, all of the required trees are proposed to be placed in the street buffer along Linder Rd. There are several existing trees on this site that are proposed to be removed with development that require mitigation per the standards listed in UDC 11-3B-1OC.5.The City Arborist inspected the site and determined an additional 67 caliper inches of trees need to be provided on the site for mitigation. The 50-inch caliper silver maple along Linder Rd.is required to be retained on the site and protected during construction,unless required to be removed by ACHD.Mitigation calculations should be included in the Landscape Calculations table demonstrating compliance with the aforementioned UDC standard. Qualified Open Space(UDC 11-3G1: A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-313 is required for developments over 5 acres in size;because this property is only 2.27 acres,this standard does not apply. However,the Applicant did submit an open space exhibit that depicts 0.37 of an acre of common open space including street buffer along Linder Rd. and area along the north boundary of the site where the Kennedy Lateral is located. Qualified Site Amenities (UDC 11-3 • Because the development area is below 5 acres in size,the standards listed in UDC 11-3G-3 for site amenities do not apply.No amenities are proposed or required. 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 Practices as adopted by the City. Page 8 Page 95 Item#7. Waterways(UDC 11-3A-U: The Kennedy Lateral runs along the northern boundary of this site and has been piped. The Irrigation District(NMID)has a 55' wide total easement in this area for the lateral,20' from the centerline on this site. Any encroachments in this easement will require a signed License Agreement and approved plan prior to construction. If the easement encroaches on adjacent buildable lots more than 10',the easement area should be included in a common lot that is a minimum of 20'wide and outside of a fenced area,unless modified by City Council at a public hearing with notice to surrounding property owners per UDC 11-3A-6E. The location of the easement should be clearly depicted on the plat. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing exists along the south and east boundaries of the site that is proposed to remain.No new fencing is proposed on the landscape plan. Fencing is required to be constructed by the Developer adjacent to common open space lots to distinguish common from private areas as set forth in UDC 11- 3A-7A.7a. The Applicant states that wrought iron fencing will be constructed at the back edge of the street buffer along Linder Rd. and along the Kennedy Lateral easement at the north boundary of the site; fencing should be depicted on the landscape plan accordingly. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted sample elevations of the homes planned to be constructed in this development which are included in Section VIII.E. Single-family detached homes are a single- story in height and constructed with a stucco finish with stone veneer accents. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. Duplex dwellings are 2-stories in height and constructed of a mix of vertical and horizontal siding. The rear/east street-facing elevations do not have any windows. The proposed elevations are not approved with this application; final design is required to comply with the design standards listed in the Architectural Standards Manual.An application for Design Review should be submitted and approved by the Planning Division prior to submittal of applications for building permits for the duplex dwellings. VI. DECISION A. Staff: Staff recommends approval of the requested rezone with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section IX per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 4, and July 16,2020. At the public hearingon n July 16',the Commission moved to recommend denial of the subject RZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative); Jim Jewett,Applicant b. In opposition: None C. Commenting: Jeanette Ockerman,Anthony Baggio d. Written testimony: Chris&Candace Johnson; Jeff Bolen; Kenneth"Scott"Grapatin; Josh Beach,Applicant's Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony Page 9 Page 96 Item#7. a. Request for Joshua St.to extend to the west to Linder Rd. as a permanent access instead of emergency only, or at the very least,that construction traffic is allowed to use this access for development of the subdivision; and that a"No Outlet" sign be installed on S. Tylee Way where it intersects Waltman Dr. to notify drivers the street dead ends to prevent unnecessary traffic; b. Mr. Grapatin expressed concern pertaining to the continued provision of irrigation water to his property,which currently runs through the north side of the proposed project& accessibility of the ditch for repairs and cleaning; c. The Applicant requested conditions#3b and#3c pertaining to specific tree mitigation be amended based on coordination with the City Arborist to take place prior to the Council hearing; d. The Applicant testified there would be one large trash dumpster/enclosure for the development instead of individual receptacles for each unit to eliminate the issue of receptacles in the right-of-way or blocking sidewalks/driveways e. Concerns pertaining to traffic and parking. 3. Ke, ids)of discussion by Commission: a. The provision of a pathway from the sidewalk along Spoonbill Ave. to the sidewalk along Linder Rd. and to the north to the pathway along the Kennedy Lateral; b. The Commission directed the Applicant to consider revisions to the plat to make the eastern lots R-4 sized(8,000 s.f. lots) and possibly reduce the densitY, improve parking and internal circulation,work with ACHD to facilitate a construction entrance off of Linder Rd.until initial occupancy, and include a pathway connection between Lots 58 & 59 from Spoonbill to Linder Rd.; C. Concern pertaining to parking and placement of trash carts on pick-up day- d. Reduce the number of units by replacingthe he duplex units with single-family detached units; and, e. Possibly reconfiguring the plat so that lots are R-4 size and are a"pinwheel"design off the cul-de-sac. 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the project for the following reasons: doesn't fit the comp plan, challenges with turnarounds and access drives, and revised plat doesn't address the previous concerns of the Commission. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 10 Page 97 Item#7. VII. EXHIBITS A. Rezone Legal Description&Exhibit Map atooth Land 5ur•veyr11- , LING 0aQ 5.YV-nhr,d)W Avg I Q4A NonhYCSL k}ka. 51s.G. r4 I I•Awenu=Eanr fanmeR,IV 83.G 17 C-idur d'Alene.108,15 14 JdN AIG.-D 63338 Pi(ZMJ R95$104 F!i208J Y 1"344 P:(20�)32'9-5W3 F:r206J 398-BI05 r.MON 252-4453 F,WOld)374-3821 knuaryf 1.202Q The Landing 13 Boundary bes Mxion BASIS OF 0EMUNG Far this destfaptian IS South QIW'35"East between an 8lurnlnum cap monument rrrarkling tiw2 northwest cornier of 5ecpon 13 and a 518"rebaf with an II legiiabtr op marking the W114 €inner of Secuon 13,T. 3 N., R, I W., B.M.,QY of Meridian,Ada Cwntyr Idaho. A parcel of iond located-sn the NW114 of S+ectFw 13,T.3 N,r R. 1 W., 8.M., CIty of Maddranr Ada County, Idaho,more partiCuierly de5€rihed as foltws; COMMENCING at an alurninum cap monument rnef-king the northwest corner of 5Ai4 Sedign 13; Thence Soclth 01 '35"East,oainddlent with the westerly boundary of said NWi;14 of Section 13, a tiL5tance of 1948.81%!t to the POINT Of BEGINNING; Thence leavMg Sbid we5ter9y boundary of the NW1)4r South 56005'40"Easl, coincident wrath the eouthe-iy boundary of The Undrng Subdivision No. 12, as reoorGed In aaak 114 of Plats, at pages z&"0-42r Ada County Records, 192.54 feet,, Thence South 771114'25"Est Coincident voittl said southerty boundary, 98.02 fiact Thence Mouth+811130'49'East, coincident with said southerly boundary, 148,80 feet to the north�we5t corner of The Landing SubdiMsion No. 7, as recorded I n Ucm* fig of flats, at Pages 7085-7086, Ada County Reminis; Thence South G°4 W East,coinddent with the YYMsterriyr boundary of said Landing Subotwision No.7r a distance of 212.83 feet; Thence South 89°54'23"West, rainrldwIt 01th the northerly boundary of said Landlno Subdivision No, 71 a 651:anCe of 4O2.54 feet to a 518"rebar with no Gap or}said westerly boundary of d7a NWI f4; Thrace fynrth VOT35"WQst, coincident with said westerly houndary of the NW114,a distance of 353,9Z feet to the POINT OF BEQ NKING. The abcIve desrr]bed paw l vxtaim 7,43 acres,more or Imo, 11574 vp el OF 10 �VEA v QO IAl9123-THE LANDING 131$urv"kD(awiflgtiB"cr+puons119123 THE LANDING 13 BQUNDARY.dacx Page 11 Page 98 Item#7. B. Preliminary Plat(date: 5/20/2020) POW Lwowm 94AT Fve I nYELA„ftviOAa aasua o, w T AM.A?W.f'/ �eeura aw arrr.Ywro IE Wor- 77 I � Page 13 Page 100 Item#7. C. Landscape Plan (date: 5/29/2020) FL T F L[!TTF , I i I *r* P� &ALVWATIOM, o LU ' WI`Y I-.. .L'.•,i'i41.`i i�i Yni.'1i.rid„1 i iA4}'.y -_T MI �� Cac ` ..��sti�:l:,l:., l�:l�.-:rrl:�n:r .a �:�xr:l,l:r'�x:l -•-�-'`''•� L _ , � �'�� �.�� �_ �_ - �F� ':Jf.;x:9;'.�C:4`�!�I II'I'��JSIT;91?�•••• ,•I...«I.r-II } " ' - - _ I +. � �{ �g --==I 1 � FPhM1T *fY 6'I 4 - - �o- 1j1 I- - J CJ`S_.-J I4K �{ _ pia•«.�r�:.. ►' ii ItJurcc,amroA +i1•II^Iri41 ML11-AIM I'+m „• Ll ,.I.... �Ivr•al .I = Page 14 Page 101 Item#7. D. Open Space Exhibit(dated: May 28,2020) THE LANDING SC t REV MAY 28,2020 oEw rx cucLudrmhs LFY Y Mi IIItA IQrL{F{n GIK! _ � �Y Ti[i Y L:ICI vYL1 r ,g 44 Ly wraa.. vJl .. � .Add-,- Nf iLN�1.1 Rr61�f+61 K�+Pf y Cp„II i iL� L..Z rnme.� r 11R+fr1r u R E. Conceptual Building Elevations Page 15 Page 102 Item#7. t! E,frE�urlEi�rnawr. I�L I marm-N m tiV-1 p I.v i0 ewAea A eRmil scare eimim MUD # ,� Q�� n VeTL-kTIFT-D-) ( DD r - --- r ' IEII t it,�ram I o'�+rn�rruNi rxc.�oc luio-a iS ��rr S L MI N -l lx9 Sq ki f AfJxTf,kiABE Mika iq Pi �y�lgrr''•J'_�• � �'j u x`uaewmxoron w�nvrc •Yl'ISY�tlYi.rdY�l in+.n —_ L ❑ � 3 I. �.1 Page 16 Page 103 Item#7. �!1'��—s � wows 'GIYL'3�1f�-•• . AVO m+ G LLI NE . ' CL JLW LD MUMMA L �T 'EZPJS7lSVF-="3J Ti- LLI -- Imo! 'Y u►. H HINT ot l o. Rfk1 hlcl,ilrlry PA .L�.s1,1 Page 17 Page 104 Item#7. CAI SEA .- BETTIS P,4116 61NY4G PhfIU �, WHAT kOW R'EdTTGi1 w+ S v�JL I FLjliac t � i WTI.{, I�—[ L.h41F1 L•J -� ¢51?dJC� 1 �n GYRATE VITW —____, .__ � � a U II II II 11 rl IJ tl II II YIRI + + + Page 18 Page 105 Item#7. Ia. CrIT-V rrnNCY COMMENTS o CONDITIONS PLANNING n13,TISI N 1 A Development Agreement(DA) is FeVired as a pr-ovision of rezone of this propeFty. P the property ovvnef(s) at the time f'rezone ordinance adoption, and the developer, Gi:iFFe tl., a fee of $303 00 shall be paid by the Apphea.it to the Planning Tliyis; piivrte e6rnmene2m2nt 4tthe PA. The DA shall e sign the pt:op2t4jT-Owcrer- .,1 feturned t the Planning Division within six(6) months f the City r`,.,,nci granting the rezone. The D n shall, atr or-pofate the following a. T„t-ti fe development of this site shall be generally consistent with the pr-elitninar-y plat, landscape plan and eoneeptual building elevations included in coat;,,„ vTT and the pr-oveofitained he fe D 1,. The two family.duple*dwellings a fe"ifed to a ..„1with the design standards listed i the A -ehiteetufal Standards Manual. A., n pl.,.atio fo administfative Design Review shall be stibmitted and approved by the Pla Division to stab .;ttal of a..pheations for-bia 1.1;.-g p .-m to fof:these, n to 7 The final,plat shall include the folio c .; Tnelude a to pr-oT 1 ting di Feet lot aeeess via S. Linde,:D,1 b. The oommon dr-iveway that pfovides aceess to Lots 63 65 shall be depicted in a oommo lot, e. The easement foF the Kennedy Later-a! shall be elear-ly depieted on the plat; easement ener-oaelies onto adjaeentbiaildable lots more than 10 feet in width, easement area shall be inoluded in a eommon lot that is a mininitim of 20 fM wide an -to submittal of Olio final plat application: lots- to distinguish esmmo f;.,,,'• te c'teee with UDG 11 3 AAA sir mitigation fof r-emoval of e-xisting trees in aeeord with the standar-ds listed ill UPC 11 3B 10G.5. The 50 ineh ealiper-silver-maple along Linder Rd. is r-eqttir-ed to be r-etained on b. Depiet an additional 67 ealiper-inelies of tFees within 000*noa areas on the site as Ar-bor-ist' n aeeofd with the standards listed in UDG= 11 3B 1 OG.5; a total o 67 ealippe-; eel,os ofwoos ; fe"ir-edfor-Mitigation, c�aepiet sliftibswithin-the &tFcet buffer- set zvrcirirr-ovG 11 3B-7c. cr. 4. Ftittir-e development shall be eonsistent with the minifF.-bifn dimensional standafds listed-mi 11 3C; 6 for-single family detaelied and two family dttpl&i dwellings based on the"Fnbef of Page 19 Page 106 Item#7. bedr-E)E)ms per-unit. Parking pads for eaeh unit shall be widened to 20 feet as set forth in UDC Tablezi_2f`mac-6 for 3 bedroom units-. 6. An exhibit shall be submitted with the final plat application that depicts the sethaeks, fencing, building envelope, and ofientation E4 the lots and stfuetidFes aeeessed via the eonffnon ftontage and is taking aecess via the public StFeet,the driveway shah be depieted on the 6C--3-B- 7. All eonmnon dFiveways shall be constfucted in acOOFd with the standards listed in UDG 14- 6C 3a 9. A pefpetttal ingr-ess,legfess easement shall be f4led with the Ada Gotfnty ReeE)Fder-for-all capable Of SttppOrtiRg fiFe vehicles and equipment as set foFth in UDG 11 6C 3D; a copy o the r-eear-ded easement shall be stibmitted to the Planning Pivision with the Anal plat fOf:Git!l, Engineer-signattife. 9. AddFess signage shall be PFEWided at the public StFeet fOF homes aeoessed via Common 10. A 14 feet wide publie pedestFian easement fot:a fittor-e detaeked pathway along S. bindef Rd. is r-equir-ed to be submitted to the Planning Division with the final plat for-City EngineeF ar-dinate the details of the easement with Kim Wafr-en, Par4c's DepaFtment. 11. All e*isting stf+tettifes shall be Femoved pr-iE)r-to signattir-e on the final plat by the City B. PUBII f -+WORKS three sorwiees are allowed into a manhole, with a minin+um 30 degfees of angle separ-ation). 1.2 Terminate the water-main a4 the seii h end of the e,,:tl de sae with a fire hydfant. Wa4e o r only i 04e , ,� ,a ,mot water-f 1.3 The geoteehnieal opinion submitted with this applieation Was fFE)nl Mar-eh 2017, and Was der-ived ffom an on site stim�,. it was indieated in tha4 opinion that an an site geoteehnieal applieatio} 2. General Conditions of Appt!o-,,al -2.1 Applioant shall eaer-difiate wa4er-and sewer-main size and r-otiting with the Pdb!iG 3A'E)F-kF, pfovide sef-viee outside of a publie right of way. Nfiniwtum eovef ovef sewer-mains is thfee feet, if eaver-ffE)m top of pipe to sttb gt:ade is less than thfee feet than altefna4e ma4el:ials 2.2 12ef Mefidian City Code (NIGG),the applieant shall be responsible to instail sewer-and water mains to and thfatigh this development. Applieant may be eligible for-a r-eim-bur-semen agreement ast:FtxEttwe efilianeement per-MCC 9 6- . Page 20 Page 107 Item#7. right of way(include all water sen,ices and hydrants). The easement widths shall be 20 feet wide for-a single utility, or-30 feet wide fef tvvo. The easements shall not be dedicated via an exeeuted easement(on the form available fr-ofn Publie Works), a legal deser-i' .i (marked EX141BIT B) for 0 0 a- Professional La ad SuFve`.ror r,�RECORD. Add. note to the plutrefefencingthis „1. appfov.,1 2.4 The City of Meridian requires that pr-essufized i !fns be supplied by a yeaf available, a single point conneetion to the otilinar-y watef system shall be required. if a single point oonneetion is utilized, the developer-will be fesponsible for-the payment o assessments for-the eofn 9f to pfier-to r-eeeiving development plan appr-oval. 2.5 All exis that are required to be removed shall be pflof to sign-atufe on the final plat by the City Engineef. Any stfuetur-es that are allowed to remain shall be subjeet to evakiation and possible Feassignment of stf:eet addf:essifig to be in eamplianee with MCC. > , or-ossing or-laying adjaeent and oontiguous to the area being s4divided shall be addfesse Pam.UPC 11 3A ti in pe--«., ifig. eh we FIE the . ..1:eant shall . ,.1y with Wake Code 2.8 Any e�Ei stems within this pfojeet shall be r-emoved ffom sefviee per-Gity 2.9 Street signs are to be in plaee, sanitary sewer and water-system shall be appr-oved and aetivated,road base appFoved by the Ada Gotinty Highway Distriet and the Fifial Plat fof this subdivision shall be feear-ded,pfiof to applying�qr-building pefmits. 2.7 Any existing domestie well system within this projeet shall be femoved fFom domestie feneing, landseaping, a menifies@tE, pr-iof t6 signatiar-e on the 2.11 All impr-ovemeffts related to publie life, safety and health shall be eompleted 2.12 Applieant shall be r-equir-ed to pay Publie Works development plan r-eview, and eonstodeti appr-ova1 lotto Page 21 Page 108 Item#7. with the Americans with Disabilities Act and the Fair-Housing A 2.14 Applicant shall be fesponsible for-application and compliance with any Section 404 2.15 Deyei,pep shall , a;r.,te,,wadi,,E i,.e tions,with the rRefid a Post 04iee 2.16 All gig of the site shall be per-fofmed inrsenfeffnanee with MCC 11 12 3H. material.building pads Feeeiving engineefed baekfill,�whet:e footing would sit atop All 2.18 The des' hall be r-equir-ed to 6eftify that the StFeet eenter-line elevations are set-a --A-ve,the highest established peak groundwatef elevation. This is to efistfr-e that the bottom elevation of the er-awl spaees of homes is a4 least 1 foot above. 2.19 The applicants design engineer-shall be responsibie for-inspection of all iffigation and/or drainage faoility within this pfoject that do not fall under-the jurisdiction of an ' i I i distr-iet oF AG14D. The design efigineer-shall provide eei4ifiea4ioa that the f4eilitip.ZhAA,p. been installed in aeeor-danee with the appr-oved design plans. This eeFtif4eation Will be 2.20 At the oompletion of the pr-oject, the applicant shall be fespotisible to submit r-eeofd- within the pf0jei&t-. 2,21 A street light plan will need to be inel-aded in the eivil eofistf:btetion plans. Stt:eet light p! eopy of the standards ean be found at utstp!il'ci"cE'w.Mer-idi Heitiy.E —'. I }} vF`6Fkss^rsp04---2-Z-. amotifit of 0 iaf+asti:uottir-e pr-iE)r-to final plat signa4iife. This suf ety will be ver-ified by a lifie item eost estimate pfavided by the owner-to the Gity. The stir-ety ean be posted in the form of an iFfevoeable lettet:of et:edit, eash deposit E)r-bond. Appliewit must file an applioa4ioa f6 eentaet Land Development Sen,iee for more information at 887 224-1, amotifit of of the total oonstf+iotioa oost for-all ineomplete sewer-,water-and r-euse of the total ooastoaotion oost for-all eompleted sewer-,water-a-Rd F-etise infr-astnietwe for-duration of two yeafs. This sofety Will be ver-ified by a line item eost estimate pfavided by the owner-to the Gity. The stir-ety ean be posted in the for-m of an C. FTnT DEPARTMENT Page 22 Page 109 Item#7. D. Doi inT DEpAR7TA4ENqp T + .//,...,l,l;,,.l,.. u;a;,.,,...; /A7 I.T;,,.7�/T1.,.,7T,',,,.. „•'7;,]-484642A_al„a—TlA_p —T.l.,,;a;,nc-- n&, —n,T.,,;a;gHc-- rr +. wepe ea T CENTRAL i TIi CSTnil,T HEALTH- i Ti-DEP A nT1 TENT 484485 ear;a O& —r.T r4di nG 48295Mat a—Mi —n.T.,u;a; nc, Page 23 Page 110 Item#7. IX. 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 and subsequent development is not consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Although the proposed map amendment would allow for the development of a variety of housing types (i.e. single-family detached and two-family duplex)for a range of housing opportunities in this area, the Commission finds the infill property is not large enough to accommodate the proposed development in terms of density, access and parking. 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 would 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. This Findings is not applicable as the application is for a rezone, not annexation. 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 the proposed plat is not in conformance with the adopted Comprehensive Plan in that it's too dense for this area. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services could be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 24 Page111 Item#7. 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 could be provided with development at the Developer's 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 25 Page 112 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Request to Withdraw Application for Villas at Twelve Oaks East (H- 2020-0014) by Jim Jewett, Located at 115 S. Linder Rd. Page 131 Item#8. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 4, 2020 Topic: Request to Withdraw Application for Villas at Twelve Oaks East (H-2020- 0014) by Jim Jewett, Located at 115 S. Linder Rd. Information Resources: Click Here for Application Materials Page 132 Item#8. ATTN: City of Meridian, City Clerk Withdraw Request: Villas at Twelve Oaks East-MDA, AZ H-2020-0014 FFCL JU Inc requests to withdraw the zoning and annexation application regarding the Villas at Twelve Oaks East- MDA, AZ H-2020-0014 for the purpose of resubmitting a different application at a later date. X Jim Page 133 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 20-1890: An Ordinance (H-2020-0039 -Ascent Townhomes) for Annexation of a Portion of the Southeast 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, 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 5.25 Acres of Land From RUT to R-15 (Medium-High 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 Page 134 ADA COUNTY RECORDER Phil McGrane 2020-110530 BOISE IDAHO Pgs=4 NIKOLA OLSON 08/27/2020 08:47 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 20-1890 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (IH-2020-0039 — ASCENT TOWNHOMES) FOR ANNEXATION OF A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 5.25 ACRES OF LAND FROM RUT TO R-15 (MEDIUM-HIGH 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: Christiansen Family Limited Partnership. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-15 (Medium High 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. ANNEXATION ORDINANCE—Ascent Townhomes(H 2O20-0039) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. 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 25th day of August , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 25th day of August , 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) County of Ada ) ss: On this 25thday of August ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2022 Item#9. EXHIBIT A EXHIBIT_ Description For R415 ZONE AND ANNEXATION ASCENT SUBDIVISION A portion of the Southeast 114 of the Southwest 114 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Aria County, Idaho Being more particularly described as follows: Commencing at the S114 corner of said Section 10 from which the SW comer of said Section 10 bears North 89015'34"West, 2640.54 feet: thence along the South boundary line of said Section 10 North 89915'34" West, 376.47 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line Forth 89'15'34" West, 366.65 feet: thence leaving said South boundary line North 40034'26" East, 843.25 feet to a point on the approximate centerline of Purdarn Stub Drain; thence along said centerline South 39'15'34" East, 572.39 feet; thence leaving said centerline South 00'34'26"West, 404.77 feet to the REAL POINT OF BEGINNING_ Containing 5.25 acres, more or less. 7 29 -,3 1?9 wt CF �C G,� Ascent Townhomes—H-2020-0039 Page 138 Item#9. EXHIBIT B i f Q 4 I ,1 JrL n CA t J W `� Q Sq 4 0 ¢I zi Ii 5.25 ACRES i ANC s'� 7729OF G.CP� �N f 5.15 S.7 5 ——— N89'15'34"W 366.65' W_ FRANKLIN ROAD (PUBLIC) N89'15'34"W 2640.54' RPOB-1 5.15 BASIS OF BEARING 1i7AHD EXHIBIT — DRAWING FDR J 1%NO, t9-45, SURVEY M5NEMERACST. R-15 ZONE AND ANNEXATION g,E- Na. eolso. ASCENT SUBDIVISION 1 GROUP, LLC LOCATED IR THE SE V4 OF hkf SW 1/4,Or SEC TWN 7p, T.3N., ate•GR7E RAW., B.M.,RGA COUNTY,IDA40 3/24/2�2C Ascent Townhomes—H-2020-0039 Page 139 CERTIFICATION OF SUMMARY . William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . J William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 204890 An ordinance (H-2020-0039 Ascent Townhomes) for annexation of a portion of the Southeast '/a of the Southwest '/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification from RUT to R- 15 (Medium-High 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 — Ascent Townhomes (H 2O20A039) Page 3 of 3 Page 137 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 20-1891: An Ordinance (H-2019-0133 - Lupine Cove) for Annexation of a Parcel of Land Being a Portion of the Southwest Quarter of the Northwest Quarter of Section 33, Township 4 North, Range 1 West, 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 10.41 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 Page 140 AOA OOUNrYREGORDER FN Ma;Wo 2=-1 10266 DOIN IUM0 POP5 HEATHERLUMER 4E90=0 92:46 PM Item#10. 0I1Y-OF MERKHAN.iOAHO ►OFEE CITY OF MERIDIAN ORDINANCE NO. 20-1891 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2019-0133 — LUPINE COVE) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, 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 10.41 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:Justin Fishburn. 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. ANNEXATION ORDINANCE—Lupine Cove(H 2O19--0133) Page I of 3 Page 141 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. 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 25th day of August , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 25th day of August , 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ss: County of Ada ) On this25th day of August 2020 before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2022 Item#10. EXHIBIT A ��FontrY JqCCiL�e��ss]d�� Sx MGLiff w z i4(�ao�aeiv.�L'sap�cilnx `� o 1602 W.Hays St.,Suite 306 Boise,ID 83702 www.accu ratesu rveyors_oo rn Land Description-Annexation A parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of Section 33,Township 4 North, Range 1 West of the Boise Meridian,Ada County,Idaho being more particularly described as follows. BEGINNING at the found 2-inch aluminum cap monument in asphalt labeled PLS 7729 at the Y4 corner common to Sections 32 and 33 In said township from which the found 3- Y inch brass cap monument in asphalt with illegible labeling at the section corner common to Sections 28,29, 32 and 33 in said township hears N 00'32'36'E~a distance of 2633.71 feet; Thence N 00'32'3b"E along the section line and along the centerline of N. McDermott Road for a distance of 334.34 feet to a found 5/e inch iron pin upon which a 2-inch aluminum cap labeled PL511463 was placed; Thence N 85°03'27"E along the centerline of the McFadden Drain(aka Teeter Drain) for a distance of 751.67 feet to a found 5/8t'inch Iron pin with a plastic cap labeled PL5 13256; Thence 5 19'45'03"E along said centerline and its extension for a distance of 435.77 feet to a found 5/8"inch iron pin upon which a 2-inch aluminum cap labeled PLS 11463 was placed; Thence N 99'17'46"W along the center section fine for a distance of 899.36 feet to the POINT OF BEGINNING. Parcel contains 7_086 acres,more or less. t 114639 1 r7 I q OF%0 �I4 J.av 1602 W.Hays St.,Suite 306 n Boise,ID 83702 r. Phone:208-488-4227 www.accuratesurveyors.com Lupine Cove H-2019-0133 Page 144 Item#10. EXHIBIT B AIVNIV.E'XA TI01V MAR 4000 N. MCDER6dOTT RO. MERIDIAN ID. 83646 LYING W TTH-HN THE SW 1/4 OF THE MW 1/4 OF SECTION W. .4N., R FW,, S.M. 29 28 N(t 2 SECT ON 00RVER LS CP&F Nv. 20t9-0771R5 ILL EGf6Lf ,� 11463 � o Min ,�7•i7•iQ�, Pis �£ 33 ti N 85Y]3'27" E 751.67 13256 OY J. aoP�G SET 2"ALUM. U+ W �(� CAP, PLS 51463 �p 4- �s+ 7 686 Acres w SCALE: 1"=200' a rr% 0-�/4 CORNER Q � SECTION 33 CP&F No, 106023324 32 33 ua9-17'46~w PLS 5467 I1&F ORNER pp�r N 89'T 7'46" W 699.36` SET 2-ALU+M, i738 38• Y " 70 16-12 0634C y�� CAP. PLS 11463 PLS 7729 AG LEQND BOUNDARY LINE SE0770N LANE FOUNO 3 1/2"BRASS CAP HAWS OF SrARIN{'' MONUMENT W ASPHALT N 00'32'36" E SEMEEN FOUND MONUMENTS IT4'0 FOUND 2-ALUM1NUbf CAP AT TN4 7/4 CORNER COMMON TO SE"C7701vS 7 ' MONUMENT W ASPHALT 32 & 33, AND TFIE .SECTION CORNER COMMON TO SECTIONS 2& 29, 32, & M. �4 FOUND 6/8"IRON AN [+ 1002 W. Hays Street #800 WTFI PLASW CAP, OR AS NO70 i fit} Mee, Idaho 89748 (200) 409-4227 www.aConxateaurveyors.o n1 DATE: JULY, 2019 J06 19-179 Lupine Cove H-2019-0133 Page 145 CERTIFICATION OF SUMMARY . William L.M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . � • Na),I:0� William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 204891 An ordinance (H-2019- 0133 - Lupine Cove) for annexation of a parcel of land being a portion of the Southwest Quarter of the Northwest Quarter of Section 33 , Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification from RUT to R- 8 (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 — Lupine Cove (H 2O19"-0133) Page 3 of 3