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2021-05-04 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 04, 2021 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/86550793090 Or join by phone: 1-669-900-6833 Webinar ID: 865 5079 3090 ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener ABSENT Councilwoman Jessica Perreault Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the April 20, 2021 City Council Work Session 2. Approve Minutes of the April 20, 2021 City Council Regular Meeting 3. Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement 4. Hill's Century Farm North No. 1 Full Release of Water Main Easement 5. Hill's Century Farm North No. 1 Water Main Easement No. 1 6. Northpoint Recovery Center Pedestrian Pathway Easement 7. Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 8. Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 2 9. Final Plat for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. 10. Final Plat for TM Crossing No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S. Wayfinder Ave. and W. Cobalt Dr. 11. Final Plat for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. 12. Findings of Fact, Conclusions of Law for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located ¼ Mile East of N. Locust Grove Rd. and ½ Mile South of Chinden Blvd. 13. Findings of Fact, Conclusions of Law for Movado Mixed Use (H-2020-0123) by FlexSpace, LLC, Located on the South Side of E. Overland Rd. Between S. Eagle Road and S. Cloverdale Rd. 14. Resolution No. 21-2269: A Resolution Authorizing the Fourteenth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 15. City Clerk's Office: Annual Report 16. Professional Municipal Clerks Week Proclamation 17. Parks and Recreation Department: Fiscal Year 2021 Budget Amendment in the Amount of $10,000.00 for the Meridian Development Corporation Sponsorship of Concerts on Broadway Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener 18. Community Development Department: Fields Implementation Discussion EXECUTIVE SESSION In to Executive Session: 5:28 Out of Executive Session: 6:00 19. Per Idaho Code 74-206(1)(c) to acquire an interest in real property not owned by a public agency. Item#1. Meridian City Council Work Session May 4, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, May 4, 2021, by Council President Treg Bernt. Members Present: Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Robert Simison and Jessica Perreault. Also present: Chris Johnson, Bill Nary, Brian McClure, Steve Siddoway, Audrey Belnap, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener Mayor Robert E. Simison Bernt: Thank you all for attending our -- our workshop this -- this -- this afternoon, this evening. For the record it's 4:30 on Tuesday, May 4th. We will start out with roll call attendance. ADOPTION OF AGENDA Bernt: Next on the agenda is adoption of the agenda. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion to adopt the agenda as published and I have a second. All those in favor signify by saying yes -- aye. Perfect. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the April 20, 2021 City Council Work Session 2. Approve Minutes of the April 20, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. May 4,2021 Page 2 of 20 3. Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement 4. Hill's Century Farm North No. 1 Full Release of Water Main Easement 5. Hill's Century Farm North No. 1 Water Main Easement No. 1 6. Northpoint Recovery Center Pedestrian Pathway Easement 7. Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 8. Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 2 9. Final Plat for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. 10. Final Plat for TM Crossing No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S. Wayfinder Ave. and W. Cobalt Dr. 11. Final Plat for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. 12. Findings of Fact, Conclusions of Law for Ambles Run Subdivision (H-2020-0124) by HomeFound Group, Located '/4 Mile East of N. Locust Grove Rd. and '/z Mile South of Chinden Blvd. 13. Findings of Fact, Conclusions of Law for Movado Mixed Use (H-2020- 0123) by FlexSpace, LLC, Located on the South Side of E. Overland Rd. Between S. Eagle Road and S. Cloverdale Rd. 14. Resolution No. 21-2269: A Resolution Authorizing the Fourteenth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date Bernt: Next onto the Consent Agenda. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Page 5 Meridian City Council Work Session Item#1. May 4,2021 Page 3- 20 Hoaglun: I have not heard any changes to the Consent Agenda, so I move that we approve the Consent Agenda, with the Mayor to sign and Clerk to attest. Borton: Second. Bernt: I have a motion and a second. All those in favor signify by saying aye. Perfect. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Bernt: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 15. City Clerk's Office: Annual Report Bernt: So, we will go to Department and Commission Reports, starting off with the City Clerk's annual report. I will turn the time over to Mr. Clerk. Where did he go? Oh, there he is. Johnson: Thank you, Mr. President. I'm just getting my screen ready -- Bernt: Take your time. Johnson: -- and, then, I will be up to the podium. Bernt: And while he's looking at his computer, I just wanted to say that the Mayor is a little under the weather. He got his second COVID shot yesterday and so, hence, the reason why you got me, so if Mr. Mayor is listening we wish you well. I hope you get better soon. Johnson: Mr. President, Members of Council, thank you. Chris Johnson, City Clerk. I'm going to make this very brief. I see you mostly all week -- every week I mean, so -- but did want to talk briefly about what the clerk's office has done this last year and, then, what we are looking for from Council. So, here it goes. First I want to introduce the clerk staff. I believe everybody is here. I have also put the start date. So, as you can see we have two staff members who have been here six or more years and the rest of us are really new to the office. So, we have certainly adapted a lot in this last year and made a lot of changes. But mostly, you know, we are still going forward with our mission, which is, essentially, connecting our citizens to their government. The next few slides are things we do in the office. This is all on our website and in the record, so I'm not going to go through these, but they are there for you to look at if you choose. I wanted to talk about what we did in 2020 and, really, the successes we have had. So, a lot of it was change oriented. In 2020 we moved away from our old agenda provider, NovusAgenda, to Page 6 Meridian City Council Work Session Item#1. May 4,2021 Page 4- 20 Municode Meetings. This has made things a little easier for staff. Allowed us a little more flexibility, as we needed to suddenly put hybrid meeting options into the agendas to be able to quickly adapt with executive sessions and do other things. We were able to do that with Municode. Also gives us better transparency. We can actually push the updated agenda or the -- essentially the actions that were made out to the public right away. So, we would like to be able to do that and Municode served as well that way. It's also a reduction in cost from NovusAgenda. So, we made some savings and made it a lot more flexible and user friendly. The second thing we did his move our city code server, our city code host, away from Sterling Codifiers we used for many years. They were bought out by a national company and we found that they weren't really meeting the needs of us as far as how quickly we could adapt and get new code published. So, we moved to Municode as well for them. They have got a much more responsive customer service. We can be a lot more flexible in how quickly we can make things updated as well. One thing we are still working on is the digital reader board for posting agendas. Last March staff and I made trips into City Hall when we were close to publish, just to make sure we were meeting those requirements of when we are posting meeting agendas and other notices. So, we are in the process of moving to the television you see inside City Hall. We are still working with IT to get the system to work appropriately. Once that's implemented we will be able to -- from anywhere we are connected to city servers update those agendas and any other noticing we need to do. Obviously, you know, we switched to a hybrid format last year. It was one of the Mayor's things he talked to me about before he was the Mayor is wanting the public to be able to join meetings from anywhere without having to worry about getting a sitter, coming to City Hall, finding parking, worrying about how long the meetings going to go. We just were forced to do it a lot sooner and a lot differently than we anticipated. So, thank you all for your flexibility as we did that. So, we were able to make that switch. We were able to train, you know, the staff, the volunteer commissioners. We worked on educating the public about how to join meetings and we worked -- you know, Adrienne especially has worked a lot with IT to make systems that would make this function well for the public. We had, of course, the Chamber's upgrades due to the Care -- thanks to the Cares Act funding and working with IT and the Mayor's office and we are able to make things function for the most part -- we are still working through some kinks, but to be able to use the cameras in the room, which I realized I don't have on, but that's okay -- to kind of connect everybody and make them feel like they are here. Another thing we did this last year is allow for online alcohol license renewals. So, this is the places that are serving or selling alcohol. They can now do that and pay online and send their documents electronically. Some still do that by check, but we can certainly -- we are happy now we can take those online and it came in very handy last spring as we were getting, you know, Fed Ex things and able to process those much more quickly. We also this last year changed the timeline of alcohol license renewals. So, instead of all three, the state, city, and county being due the same day, we have now staggered those. So, a business who -- you know, a small business doesn't have to pay for three licenses in the same month. So, the state is still July 1 -- no, I'm sorry. The state is May 1. The county's June 1. The city's July 1. So, somebody can still pay for them all at the same time or they can stagger them out. And, then, we also updated our online public records repository. Got the back of my head now, Adrienne. That's okay. Camera four is set appropriately if you want. So, we have updated those to make things a little easier Page 7 Meridian City Council Work Session Item#1. May 4,2021 Page 5- 20 to find and try to get more information there for the public to get at their fingertips. And the photo there is just a photo I actually shared with the International Institute of Municipal Clerks when they asked what was --what was 2020 like and this was my desk during one of the many City Council meetings where we were all remote. I think Mr. Nary was in his office on the third floor and I was on the first floor with the nighttime cleaning crew. So, that was City Hall some days. But I like that -- that mission control picture, because besides the caffeine, I have got six different screens and we figured it out. Individual staff successes. I wanted to highlight what the staff were able to accomplish this last year and what they have been working on. You know, Nancy Radford, our assistant clerk, who does all of our permitting and licensing, you know, for special events, temporary use, mobile sales, those things, she was able to, of course, update the alcohol sales license timelines and she's also now started and we have just implemented doing alcohol catering permits completely online as well. So, if somebody, you know, owns a business and they are contracted to go out and do a special event in the park, they can apply for that alcohol catering permit online, pay online, and not have to make a trip to City Hall, you know, for a 20 to one hundred dollar fee. Charlene Way, another assistant clerk, she's worked, you know, especially this last year trying to make everything work without being present at City Hall. So, she has worked with -- with Municode. Now we are able to get away from a lot of paper. So, instead of a meeting ending with, you know, 40 sheets of paper that needs signed, we can sign those all electronically. We can get those off to Ada county for electronic recording much quicker that way and we have got, you know, reduction in timeline. Kayla George, another assistant clerk, is the primary passport acceptance agent in our office, with the exception of the 45 to 60 days, I have lost track, you know, that we were actually closed to the public, we have kept passport processing open and we have been able to meet the needs of our citizens. We have gotten the times -- there was a 60 day wait, you know, for a passport application, but, honestly, people really weren't going anywhere and if they needed to, you know, they probably needed to do something a little quicker than -- than what the State Department could allow. So, we have managed to keep that going throughout and that's due in large part to Kayla. Adrienne was really the driving force behind Municode and getting the agendas working. The other thing she's done is really worked with the Allumbaugh House, the joint powers entity with the cities and the county, the county commissioners, the State Department of Health and Welfare. She's really stepped up our support of Allumbaugh House and really helped them move to fully online meetings as well. I was able this last year to obtain my Idaho certified municipal clerk certification and also during the time when we were implementing this I worked with the National Association of Parliamentarians, of course, to be certified there as well. And, then, I'm pleased to introduce two new staff we have hired since I stood before you last year. Jaime Del Barrio came to us from Pepperdine University as our new administrative assistant. He was actually just recently a few months ago completed his passport acceptance training. It was a one year goal for him to be able to pass that certification and answer general questions and he's exceeded that and actually is processing passport applications at a level much higher than I'm ever going to be able to. So, we are very happy with that. And Jennifer Kitzberger came to us as a new position. We took our administrative assistant one position that was approved in 2019, once we realized we were able to do so much more online, we were able to repurpose that position as a records clerk and Jen is working with Adrienne very closely and processing public Page 8 Meridian City Council Work Session Item#1. May 4,2021 Page 6- 20 records requests and managing our records retention planning. So, she came to us from the sheriff's department in Ada county and has just jumped right in and made the process even more efficient than we had gotten it before. So, pleased to welcome them to the team. Just some brief feedback. Some of this from Council, some of this from the public, from other city staff. We just -- I like to put this in the things that -- just the recognition. We try to keep these -- we don't do it for the recognition, but we would like to -- to know that we are meeting the needs, like I say, of our -- you know, our coworkers, our citizens and our elected officials. This next year our goals, really, and nothing we need direct support from Council, so not asking you for any money, not asking you for any positions, but like I mentioned, we are taking alcohol catering permits fully online. You can still walk in and do it, but we want you to not have to come to City Hall and, then, we are working next to take the fireworks permits. So, somebody that wants to do fireworks at the speedway, instead of having to fill out a paper application, come in, pay a fee, we are working to take that online as well through our -- our enterprise system the city uses for other permits and licensing. We do have the 2021 General City Election coming this year, but we will have three council member seats open and, then, we are really hoping to take what we learned in 2020 and apply it to improve processes. We were really pushed ahead in a lot of ways. We wanted to take a lot of things and reduce traffic and make things more accessible for the public without, again, coming to City Hall. We just had to do it a lot faster than we expected. But we are going to take what we learned and keep moving on that. And with that I just want to thank you for your time. Thank you for allowing me to stand before you and share what we did and happy to answer any questions you have about our processes. I didn't have photos of Jen and Jaime in here when we had our cardboard staff meeting, or hybrid meeting, so I made sure they were represented there as well. And, then, lastly, it is Municipal Clerks Week. So, we have never had a proclamation before, so I want to thank Council President for doing that for us this evening. But this is a big deal across the US and the world as we have many clerks associations. We are part of the Idaho Certified Clerk or City Clerk Treasurer and Financial Officers Association here, but there is the International Institute, which I'm working on my certification there as well, as is Adrienne Weatherly. So, I'm done babbling. Thank you for your time. Bernt: Your are not babbling. But, thank you, Mr. Clerk, for your presentation. Any thoughts from Council? Questions? Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I just want to compliment Chris and the team for what they did in 2020. 1 mean that was tremendous. There were -- there were so many changes and, like you said, you were looking at -- at doing some of these things, but at the speed you had to do well now, under the circumstances you had to do them, was just phenomenal and you guys really deserve a lot of kudos for that and it was outstanding work and the customer service that you can deliver now -- we have always had great customer service. You guys have gone above and beyond to serve the citizens of our community and that's fantastic. So, thank Page 9 Meridian City Council Work Session Item#1. May 4,2021 Page , of 20 you. Johnson: Thank you. I appreciate it. Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: We have been talking for three or four years about leveling up our processes at City Hall and, boy, if there is a department that's had to do that this year it's the clerk's department and I appreciate the comments from Council Member Hoaglun. I was lucky enough -- or maybe Chris drew the short straw --was the liaison for the past couple years and I really appreciate --you know, Council Member Hoaglun talked about our customers, both our external customers in the public, but our internal customers within the city and really the whole department is just so customer focused and employee focused, citizen focused, you guys have done a great job of leveling up and appreciate all you do to help support us on the Council and our various commissions, so that if -- if something goes bad it's typically on us, it has very little to do with the clerk's department. You guys set us up for success. Bernt: I agree. Johnson: Thank you, Councilman Cavener. 16. Professional Municipal Clerks Week Proclamation Bernt: Proclamation time. Here I come. Cavener: State championship clerks. Do we have their name in the formal version that will be part of the record? Bernt: Absolutely. Each and every one of you are going to come and introduce yourselves for the record. Well, it's a pleasure -- it's always a pleasure to read proclamations. I don't get to do it that often, but when I do it's -- it definitely is a pleasure -- and here is Jaime. Hurry. Hurry. Hurry. Run. Run. Run. Whereas the office of the professional municipal clerk is the oldest among public servants and serves as an information center on functions of local government and community and whereas the office of the professional municipal clerk, a time honored and vital part of local government exists throughout the world and whereas the office of the professional municipal clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and whereas Meridian has had 14 city clerks throughout its history, each of whom have pledged to be ever mindful of their neutrality, impartiality in rendering equal service to all and whereas professional municipal clerks continually strive to improve the administration of the affairs of the office of the professional municipal clerk through participation in education programs, seminars, parties, workshops -- I'm only kidding about the parties -- and annual meetings of their Page 10 Meridian City Council Work Session Item#1. May 4,2021 Page 8- 20 state, provincial, and county and international professional organizations. Therefore, I, Council President Treg Bernt, on behalf of Mayor Robert E. Simison, do hereby proclaim May 2nd through the 8th, 2021, as Professional Municipal Clerks Week in the City of Meridian and urge all community members to extend a pre -- extend appreciation to a professional municipal clerk and to all professional municipal clerks for their vital services they perform and their exemplary dedication to the communities they represent. Thank you. Good job. Before we take a picture do you want to say a couple words and invite some of your folks to maybe say some words if would like, Mr. Clerk? Go for it. Johnson: If anyone would like you certainly are welcome, but their work really speaks for itself. I think they do a wonderful job and, as I said as they were coming in, that their job is much harder than mine. My job is just to help them be successful, but they do that really on their own. So, thank you, everyone. Bernt: That was great. It was great. Good job with the clerk's department. We certainly couldn't do what we do without the clerk, you know. I don't think he sits in his seat longer than ten minutes every meeting. So, I appreciate you, Mr. Clerk and your team. You guys do a phenomenal job and just echo what my fellow Council Member said. I mean through COVID you did an amazing job and your -- and your department did an amazing job. What you guys accomplished and helped out and made -- made the transition from in- person meetings to hybrid meetings so easy and no one could have done it better. So, thank you so much. Johnson: Thank you. I appreciate it. 17. Parks and Recreation Department: Fiscal Year 2021 Budget Amendment in the Amount of $10,000.00 for the Meridian Development Corporation Sponsorship of Concerts on Broadway Bernt: All right. That takes us to Item No. 17, Parks and Recreation Department Budget Amendment and Audrey -- is Audrey online? There she is. Good. Belnap: Yes. Yes. Hello, Council Members. It's good to see you today. So, this budget amendment is for ten thousand dollars and it is the -- the sponsorship that the Meridian Development Corporation gives the Arts Commission for our Concerts On Broadway series each year. This concert series will be three Saturdays in -- between August and September. We will have three different performances and this ten thousand dollars will help us pay for those performances and -- and be able to give our citizens a couple of nights out and, hopefully, by August and September we will -- we will be able to have fun night where we can get together and enjoy each other's company again. We are really looking forward to it and I think we are going to be able to do it this year. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Page 11 Meridian City Council Work Session Item#1. May 4,2021 Page 9- 20 Hoaglun: In the absence of Council Woman Perreault, I will make a motion here, but I, too, want to say, Audrey, I -- I look forward to the Concerts On Broadway. I really missed them last year. So, we hope that does come true, so -- so, Mr. President, I move that we approve the Parks and Recreation Department's fiscal year 2021 budget amendment in the amount of ten thousand dollars for the Meridian Development Corporation sponsorship of Concerts On Broadway. Borton: Second. Bernt: I have a motion and a second. Any discussion on the motion? Hearing none, all those in favor signify by saying aye. Any nay? Passes. Perfect. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Thank you, Audrey. Appreciate you. Belnap: Thank you. 18. Community Development Department: Fields Implementation Discussion Bernt: Thank you. Have a good evening. On to Item No. 18, Community Development Department Fields implementation discussion by Brian and the representatives from Logan Simpson. There he is. There we go. Take it away, Brian. McClure: Council President, City Council, thank you for having us here tonight. This is a follow-up conversation to the one we had two weeks ago regarding The Fields project. As a reminder, the purpose of this presentation and discussion tonight is about potential tools for funding public infrastructure, namely, parks and open space. Given the geographic constraints, timing, past approvals, continuing development, pressures and other budget priorities, the project team would like to put a few additional tools for consideration into this plan. None of these are commitments now, nor will they be final in a sub area plan, we just want you to feel comfortable considering these with future projects or to understand if there is any absolute nonstarters, even for discussion purposes. To wrap up questions from last meetings, we are going to review the land uses quickly, highlight some park metrics, and, then, get onto the feature topic of funding mechanisms. Our consultants with Logan Simpson are on the line and will be participating in this conversation. Here is a reminder of the project location. I know we are all familiar. Just for anyone else. The northwest corner of the city there is four square miles, largely undeveloped, but there are a number of entitlements and ongoing developments, such as Owyhee High School. The image here depicts the future land uses approved in the center of the -- of the blue dashed line, but also highlights the adjacent land uses of cities of Star to the north and Nampa to the west and south. Worth noting -- there are some boundary disputes between Star and Nampa in the northwest, so it can be different. Within Meridian is a few areas where employment can take place, most notably in the industrial mixed use, nonresidential mixed use regional and potentially Page 12 Meridian City Council Work Session Item#1. May 4,2021 Page 10 of 20 the mixed use interchange designations. The other nonresidential designations are unlikely to provide employment due to the size, geographic constraints or other entitlements. As you can see here, 90 percent of the area around The Fields area is mixed use or commercial designations. The purple are mixed use and the reds and pinks are generally mixed use or commercial. There is a lot of opportunity for a lot of density in these areas and if typical development trends in the region hold, a lot of industry -- indistinct strip commercial development. This context, local and city wide, and including transportation considerations was considered with the comp plan. Not that we can't revisit these -- these future land designations now, but it's a little perilous to timing and momentum to pull on those strings and in most cases it wouldn't directly affect what we are trying to do with this plan right now, which is sense of place and quality of life sort of considerations. On the subject of park need, this is a map depicting facility planning. Some of this is a little old now, but the park locations are good. Of late our realized parks per acreage has been dropping and even with new program improvements, the continued and constant population growth will absorb much of that benefit from any new facility or expansion. Since the Park and Recreation master plan was done in 2015, Owyhee was approved and other services, such as police, fire, and utilities have been considered for expansion, parks remains a gap and the need in The Fields is there. We can throw some cost numbers out there if Council really wants that, but we are trying to avoid specifics at this point. There is so much work that goes into facility size, type, timing, and whether it's a partnership opportunity or not and all that makes back-of-the-napkin math a little disingenuous. Again, we have that, we can talk about it if you want, but I'm recommending we don't. I realize that this is something that people do want to talk about more. It's important, but we are missing a lot of the context and sideboards and I really would like to get through the funding topic first. Unless there is some critical questions now, I would like to turn this over to Bruce Meighen with Logan Simpson to first talk about some of the additional funding opportunities that would relate to implementation strategies. Meighen: Thank you, Brian. Yeah. Bruce Meighen with Logan Simpson. I'm joined by Megan Moore and Cameron Gloss, two people that can provide some augmentation to my answers. But at our last meeting the question was really investigating this early look at funding, so we can ensure The Fields area happens in the way that we want to see it. So, we thought it would be important to -- providing a white paper, which was supplied in your packet, but also highlight some of those planning tools that are out there and, again, it's not to -- as Brian said, not to find a solution yet, but, again, to start those discussions earlier before The Fields area starts developing, which it's already beginning to heat up out there. So, I don't know if you want to move forward, Brian. So, some of these tools are very--are not new to you, but I will just highlight for the sake of being thorough, clearly within Idaho it's very common to see URD or rural renewal districts. You have them. Most communities use them. You can see them being used in McCall, for example, a community that's not you as an example, but they use that to fund their Greenway Park and they just renewed it to coverall their downtown. Essentially, URDs are -- usually deal with areas that are deteriorating, but they have been used in areas that are green fields that need help. How they work is simply they are freezing the tax value of the property and, then, you are collecting the increment as a property goes up in value, you are gathering that increment and reinvesting it back into that property. Sometimes you do Page 13 Meridian City Council Work Session Item#1. May 4,2021 Page 11 of 20 bond against that to get early improvements and -- and those improvements are usually targeted towards public improvements around that area. But this is a tool that you are well aware of and there is a lot of various opinions on -- on the effectiveness of this tool. Moving forward. Another common tool -- again, another one used in adjacent cities that was a local improvement district. This is -- tends to be a more targeted way to pay for both roads or-- or infrastructure. It, essentially, can be used in combination with what we are talking about in terms of a CIV or a community improvement district, but it tends to be more oriented towards a series of infrastructure projects. It can be formed by simply -- either a vote of the property owners to say we need these improvements and we want to spread our cost over time. Or in some cases it can be done with a majority vote of Council towards where a target improvement is needed and where you can show that nexus it can be put in place. But, essentially, it's a way to pay for a large -- large improvements over time, so you don't burden any one group. And, then, the tool that we mentioned last time is a community infrastructure district. This is something that is -- is more common now, especially with the communities of Harris Ranch and Avimore. This is essentially -- usually initiated by the private side and it's, essentially, a district that allows you to get the incremental -- or basically take a levy off property taxes where as that property goes up you are, basically, pulling a fee off -- off the increment of that property tax as it goes up. In this case it has to be initiated by the landowners with a vote of -- two-thirds vote. But those properties don't have to be continuous, it's using those who are going to benefit and, then, as -- essentially as the property value goes up, because of those improvements, so does that -- that net income you are getting off that fee that, then, gets reinvested. Bonding in this case is usually done by that group or that agency, not by the city. So, reducing risk in that case. But I think what's interesting about it it does have some -- usually a group's on board that administrates a community infrastructure district, that board would generally include some elected officials to make sure that those funds are being directed in the right way and so this is typically what you see when you look at financial reports. So, this is right out of our financial consultant's papers, so more typical. Essentially compares them all. The only one that's added in here is development impact fees. Development impact fees generally are a good source, in this case, you know, whether it's parks or open space, roads, and so on. But generally don't always allow for payment of everything that when you are looking for an area that's slightly more amenitized. And, then, if we move forward and, then, we will get to our initial question to our time. Clearly I think we talked about these, but just, again, to be thorough, there are ways that things can be paid for just -- just straight out of federal funds, to making sure that they are part of your capital improvement programs as you look forward, especially when you are dealing with parks and roads. You can look at development reimbursement agreements, where a developer pays for their construction ahead of time and, then, if they oversize it or -- or provide for something beyond what is needed for their development, we, essentially, pay them back. And, then, lastly, clearly using the funds that we have already for improvements, just directing them in the right way. So, that just gives a little piece of, you know, the tools that we could look at if directed to do so in terms of continuing on with the next steps. But to maybe pick up where we left off at our last discussion, we were asking everyone to sort of think about implementations, knowing that development is going to happen quickly and we want to start getting ahead of the game, so we are proactive in planning for a future that we would like to see. So, we have talked Page 14 Meridian City Council Work Session Item#1. May 4,2021 Page 12 of 20 about three options. It doesn't -- there could be six options. But it's really to get the discussion going. You know, with option one, simply following through and making sure that we maybe take the next steps of design guidelines for the primary center in The Fields, saying this is what we would like to see. So, the developer comes in, they know what to expect and know what to build and what the city is looking for. Especially since it's been planned around the center and, then, some very targeted funding, more -- or partnerships with the city on -- but to a limited capacity. Maybe the level you would normally do. Maybe notching it up a little bit that discussion of really continuing your work on the Five Mile Creek greenway and continuing that construction, maybe even enhancing it, so that he integrates within that center providing connectivity both to your local communities, your adjacent communities, but to the rest of the city and, then, considering looking at some of these other funding tools, providing some other opportunities to increase the level of facilities in that area. Lastly, we talked a little bit last time about the idea of -- since there were several parks planned for The Fields area, at least within the parks plan -- is focusing that park development close to that center, so that it's a way to provide sort of a focal point for place as -- for both the residential, but also the commercial town center itself and to be proactive about starting that city park process, whether that's simply acquiring the land early before it gets more expensive or starting to think a little bit about directing our energy in that fashion and, then, combining it with other funding sources, whether that's typically allocating or earmarking general funds over time or looking at these other tools that we talked about, including that community improvement district. On that note that's where we left off, so I will stop. Thank you very much. McClure: Council President, Members of Council, with that we would love to answer any questions before or after my comment or what Bruce just went through, but thank you for letting me get through that first. Bernt: Any questions? Borton: Mr. Mayor? Bernt: Mr. Borton. Borton: Brian and Bruce, is the city park the only municipal asset that is being considered when -- in this area discussing the tools that we might want to utilize or is there another public asset that -- Meighen: Yeah. Thank you. That is -- that is -- that is a great -- a great question. In this case the city park -- since we know we have to provide some -- some park -- level of park -- is really just a means to focus that -- that investment towards the center. But we did talk a little bit about these improvements in the Five Mile Creek, which is an investment in itself and, then, within the design itself it includes having Five Mile Creek cross over the ditches and, essentially, provide sort of a green space into that center. So, there could be some additional investment in terms of a civic green or some -- some level of public facility that encroaches into that town center as that sort of design unfolds over time and, Page 15 Meridian City Council Work Session Item#1. May 4,2021 Page 13 of 20 of course, you know, the -- the community always invests -- they are dealing with both roads, streets, infrastructure that you already, you know, are doing that, including the new lift station as well. McClure: Council President Bernt, Councilman Borton, the lift station there would be an important sort of side note. There could be a lot of public improvements out here. The lift station is programmed in the city's -- or will be programmed in city's capital financial plan -- or comprehensive financial plan, the CFP, in the next couple of years. I think next year it starts design and a couple years after that for construction. But a developer could -- could request that be advanced tomorrow and they could say, hey, we want to do a CID with a bunch of developers out here to pay for that. So, the plan doesn't necessarily mean just those things, it could be other things. Those tools, rather, could be for other things, but the plan is really focused on the quality of life elements, such as parks, open space, and, then, the trail network. So, that's our focus, but the tool could be used for other things. Borton: Thank you. Strader: Mr. President? Bernt: Is that Ms. Strader? Strader: Just a couple questions. How close are we to a specific area plan or map similar to Ten Mile? So, I hope we can do that early, so as things come before us we can sort of get ahead of that. So, I wanted to just check on that status. And, then, my second comment slash question -- I saw -- I think it was the LID option had the latecomer capability. That would be really important, I think if we were to do that. I wouldn't want to penalize folks who live there already, who aren't improving their property, with some kind of an extra tax or assessment, but could we use a latecomer provision to sort of put the funds toward improvements in the district toward everyone who is coming in to develop new projects? Those are my -- my two, I guess, questions. McClure: Council President Bernt, Council Woman Strader, the first question regarding the -- sort of the status of the plan, The Fields sub area plan is similar to the Ten Mile plan, definitely. It doesn't have its own specific land uses, like the Ten Mile plan does, and it does a lot of things differently, the chief of which would be sort of the implementation -- implementation strategy we are seeking here. We are also seeking to identify earlier -- early on what, if any, public participation would be ideal. I think I mentioned it last time, but the Ten Mile area does not have a single park and it does not have a single school within the entire area. That wasn't forward thinking enough in some of those regards. And so we are trying to identify whether that's important now, but that is part of this plan what we are doing right now is funding implementation. The park could be general fund tomorrow if Council wanted it or it could be a developer says they want to do a CID, we don't really know what that is, but this -- this conversation will wrap into the sub area plan and sort of feed into some of the directions we can take that through implementation to achieve the overall vision. We are trying to get there. Hopefully, in the next couple of Page 16 Meridian City Council Work Session Item#1. May 4,2021 Page 14 of 20 months you will see a draft plan and a public hearing process for that. Not quite there yet, though. And, Bruce, maybe you can address the second question. Meighen: Yeah. No, I -- that one I will -- I'm going to -- you know, we will have to do research on coming back and, then, talk to our economic consultant on whether you can opt in. Clearly the ideal thing is the larger properties opt in now and, then, as development occurs, you know, that burden is shared by -- it definitely seems a concern there, that you have a property that says that--you know, you get two-thirds of the vote and one property says, hey, wait a minute, I don't want to participate right now and, then, the other properties are paying in. So, we will have to come back with the specifics on how a property joins up with this -- with a CID and, then, also what leverage the nexus forces them to do so. My guess is there a mechanism, because if there was an improvement, for example, and a property develops afterwards, they would have to have some sort of payback agreement to take advantage of that improvement. So, we take an example of an enhanced boulevard or road or trail and that CID pay -- pays for that and, then, a property then develops later on, but is not part of the CID, but benefits from it, we would have to have some sort of payback mechanism in order to make use of that. So, my guess is there is a mechanism. However, I want to make sure I'm specific on that, so I'm going to consult our -- Leland, our economic consultant. McClure: Councilman Bernt, Councilman Strader, maybe just one other sort of note on that. This process can be a -- sort of a carrots process, not necessarily carrots and sticks -- but carrots. You know, if a developer -- developer or development corporation came through and said we want to do a project and it's going to benefit the city, then, maybe they don't have to provide open space in the same levels and if someone doesn't want to participate, then, maybe they still have to do X, Y and Z, like they normally would be. So, that -- I mean there is -- there is a lot of opportunities here and a lot of potential and it doesn't necessarily have to be a latecomer, it could be through other tools. Not that a latecomer is bad, but there is lots of ways to approach it. Strader: Quick question. Follow up. Sorry. This is my last one. Bernt: Ms. Strader. Strader: While I'm thinking about it, so can -- can we legally consider participation in the CID or LID as a criteria as part of a decision on a development application? Nary: So, Mr. President, Members of the Council, generally not, but that is sort of how -- you have to consider the Ten Mile area plan when -- if somebody wants to bring in something, again, if it's an annexation that's not entitled, that's certainly a consideration. But requiring maybe a part of it or something that -- that as a condition prior to annexation is a little more troubling. I don't know how a court would consider that mandate. But, again, if it doesn't fit the plan, so, therefore, it's not in the best interest of the city, they can choose to not join it and we wouldn't annex them, so -- Strader: Thanks. Page 17 Meridian City Council Work Session Item#1. May 4,2021 Page ——20 Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Brian, approximately how many property owners are out there now? And it's -- I'm assuming that we haven't probably done any preliminary -- initial conversations to kind of gauge any interest or thought from the folks that live out there. McClure: Councilman Bernt, Councilman Cavener, there is approximately one hundred unique property owners out there right now. There is more properties, but a bunch of them are owned under the same -- same ownership. I have mentioned some of this topic to several groups, including one more substantial owner out there -- or rather representative for a group of owners. I don't know if they have any interest in that yet, that they are -- in that yet or not. They are going to talk about that and, then, maybe follow up with us. But it would be entirely dependent on whether they wanted to do that or not. Most of it -- most of the -- sort of the tools that -- that Bruce just went through that the city sort of -- city staff and the project team are leaning towards would be more of a -- hey, 1, the developer, want to do this. City, would you be interested in supporting us, not the other way around. Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: I see that Steve's on the line and I'm just -- one of the maps we saw with the parks showed the current parks, but I know we have got a feature park out that way and I don't know, Brian, what the conversation has been with the Parks Department or if Steve had any comments he wanted to share. Not to put him on the spot. McClure: Councilman Bernt, Councilman Cavener, Steve said he would be happy to discuss if there is a question he could help with, so you are not throwing him under the bus. I will say I did bring up that map again, so you can see those parks. The larger parks sort of in the works out there still would be the -- the Borup Bottles properties. I'm not sure what the current name of that is, but that's on Cherry near -- near McDermott. Siddoway: Yeah. So, the names have changed. Oh, Mr. President, Council. Borup Bottles -- Bottles' property in our CFP is called West Meridian Regional Park. Seasons Park exists. And, then, the one up top in Bainbridge Subdivision, that was called William Watson six years ago when the plan was developed. It is now Keith Bird Legacy Park. The feature Aldape Park is planned north of this map along the river and I know that they are still looking forward to that. I received a message from Sherrie Ewing just a couple weeks ago saying they are looking forward to building a park together. But still don't have a real notion of -- of timing yet. Personally, I'm grateful that the Planning Department is bringing us this opportunity. We need -- we -- while we don't have a large park in this area in our CFP, meaning the comprehensive financial plan for the next ten years, we certainly know that there are needs and the Comprehensive Plan does identify some park Page 18 Meridian City Council Work Session Item#1. May 4,2021 Page ——20 stars that you are familiar with that would allow us to have conversations with future development to acquire land for--for future parks. I would say that given the rapid growth of the city, we know that we will need more park land, but our -- my biggest challenge right now coming at it kind of cold, if you will, is that -- is the funding piece. You know, how do we -- we already know the CFP is fairly maxed out if we are to add in a large park like this where does the funding come from? Certainly a new park like this is impact fee eligible, but we have the forecasted impact fees slated to cover the previous parks mentioned. Now, if we grow beyond the population projections in that last impact fee study, some of those can be used here. But we know we are going to need more than we have. We also know we are currently losing ground, as Brian alluded to at the beginning of his comments. Our goal has been, as was stated, to get to four acres per thousand. We have historically been around three, given the rapid growth in the last couple years we have recently lost ground from three down to about 2.6 currently, which is why I don't want to update impact fees until we get back up to our -- at least our previously existing level of service. Long answer to your short question is -- I will summarize by saying we do need more park land. I'm very happy to engage in the conversation and hopeful that this might lead us to a solution to be able to fund additional park space out here. Cavener: Thanks, Steve. Siddoway: Thank you. Cavener: And, Mr. President, sorry. Steve, one more. If I -- with the images that are in front of us right now, am I correct that that top of green dot -- that's -- that's the proposed Margaret Aldape Park? Siddoway: Yes. That -- the green star at the very top of the map is where Margaret Aldape Park is. That larger green -- dark green area is larger than probably Aldape Park itself will be, but it's just drawn to -- I believe it was drawn to follow the floodway at the time that was there saying, it couldn't be developed as anything else, it would have to remain open space. But, yes, about -- now, we have been talking in the neighborhood of 70 acres with them. The -- the actual size still TBD when it gets closer to time to dedicate or develop something. Cavener: Thank you. Bernt: Any other questions for Brian or Bruce? My thoughts just real quickly. I think that this area of our -- of our city is -- is extremely important. I think doing something cool out there that has to do with our identity and who we are as a community and what we have been as a community in the past is extremely important. I'm sure that includes a park and green space, gathering spaces. I think that's really important. I think it's also important that we are somewhat specific on what we want to do out in that area, just so that we can have future developers and future development know what to expect when they -- you know, when they purchase property or whatever the case may be. So, if that is a -- you know, this is what we expect, we are here, maybe as a public-private Page 19 Meridian City Council Work Session Item#1. May 4,2021 Page 11 of 20 partnership or do something with that. I don't know what that looks like. But I think that what was discussed earlier makes sense, whether that's a CID, LID -- I don't -- I think that getting Todd involved, the Mayor involved, you know, and your department involved in discussing what that looks like is most important I think. But that's just my thought. I don't know if that's the direction you are looking for. It's sort of vague, but I think you already knew that. Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Brian, I think you started as part of this presentation by making sure you at least want to get from Council if there any no way Jose type of thing, you know, we are not moving forward. I think the concept that was presented a couple of weeks ago was -- that to Council President Bernt's perspective, very intriguing. Whether it's CID, LID, something else, I -- personally I'm open to those conversations. There is not a -- I'm not interested -- the part that is important is the part that you touched on that I really appreciated, which is the -- it's landowner lead or landowner-- you know, staff supported. I don't like the other way of maybe the city comes saying you have got to do this. That's -- that's where I'm coming from today. I would want to hear from some of those owners, what their perspective is. That to me seems more intriguing than the inverse. Hoaglun: Mr. President, just my thoughts. Agree with Councilman Cavener's comments there of not -- not opposed, it's just a matter of how are we going to do this, with the priorities, financing, the whole thing you presented. I was just as I listened to the presentation, thinking back on the other parks that have been developed in our community and -- and Discovery Park -- I was on Council when that occurred and -- and, of course, we were in a different time of a recession and a developer is looking for cash and makes us a great offer and we find a way to scrape up the money, literally finding whatever we can to -- to pay for that, because we knew some day -- and I thought at the time 20 years down the road that's going to be fantastic out there. Little did I know we are talking about phase two so quick. But, you know, development is occurring now. It's a different time. So, how do we get ahead of that? I don't know if we do now, because, you know, before it was -- we find the money, we save for it, we purchase the land, and, then, growth comes out there and so I feel like we are playing catch up a little bit. So, I don't know if the -- the old way of doing it of, hey, let's just set aside some money and start building that fund and purchasing land. So, I'm --thank you for the financing options. It gives us a lot to think about and there are partners out there already that we should probably consult with to see what we --what the vision is in terms of how they are thinking about things and what our vision is to -- to make that look like. So, we definitely need to move forward. I think you are on the right track in your discussions with folks and the different players out there, property owners, and we just need to continue figuring out, okay, what is this going to look like? What can we afford? How do we afford it? And -- and, then, get it done. But I can't tell you exactly how and when, so -- Borton: Mr. President? Page 20 Meridian City Council Work Session Item#1. May 4,2021 Page 18 of 20 Bernt: Mr. Borton. Borton: Just to add to the discussion and maybe takeaways -- I agree with everybody who believes that large public open space is a big key part of this plan. I think Council Woman Strader's comments about providing as much certainty and structure to this is going to be helpful to everybody in the long run. My sense is that comes with an ask from you to us to -- to have some discipline and not encourage development in this area until this plan is completed, presented, and adopted. And as far as funding mechanisms, I don't -- I don't think urban renewal fits out there. I think the other ones do. Amongst the tools in the toolbox that's the least viable I think, but you probably don't need it in light of the other ones, so -- if we hold true, provide direction to you and, then, encourage the development community to hold, participate as Councilman Cavener described, don't go submit applications to the city and expect action, because we want to see this plan be completed first. Strader: Mr. President? Bernt: Ms. Strader. Strader: I think it's -- I open minded agree with everybody else. The only points for me with the LID and CID were -- I want to make sure we are not adding a tax on existing landowners that aren't improving their property, to be blunt. So, people can opt into this if they want to do something with their property and develop it. I think that's important. And, then, I'm totally spot on with Councilman Borton. Get a plan together quickly is important and that we sort of try to guide development and stick to this plan. I would hate to just like approve a bunch of things next week that deviate from our vision and just undermines the whole point. So, I don't think there is anything wrong with you guys in planning with the Mayor and everybody moving forward on a specific area plan similar to Ten Mile, but souped up with, you know, open spaces and -- I think that would be great. McClure: Council President, that was extremely helpful. I appreciate all the feedback. Thank you. Bernt: Thanks, guys. I appreciate the discussion. Thank you for -- Brian, for your presentation and, Bruce, good to see you again my man. All right. Borton: Mr. President? Bernt: Mr. Borton. Borton: Real quick. Bruce, question for you. You have been around the area doing projects for a while. Did Kuna do their wastewater plant with an LID? Meighen: Don't -- don't know the answer to that and my guess is probably not. Borton: Okay. Page 21 Meridian City Council Work Session Item#1. May 4,2021 Page 19 of 20 Meighen: It probably -- my guess is -- what I have seen at least I can -- I can -- but I can speak more to working in Star right now and they are doing a lot of their improvements in -- straight out of the federal funds, but, eventually, it will all catch up to them where they do have to put in other financing mechanisms in order for that growth. So, a lot of the communities are in the same boat. But as far as that one specific -- Kuna's actions, I don't know. Borton: Okay. EXECUTIVE SESSION 19. Per Idaho Code 74-206(1)(c) to acquire an interest in real property not owned by a public agency Bernt: All right. Thanks, guys. Appreciate it. Moving on to the next item is 19, which is Executive Session. Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(c). Borton: Second. Bernt: I have a motion to go into Executive Session and a second. Clerk call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:28 p.m. to 6:00 p.m.) Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Bernt: I have a motion and a second to come out of Executive Session. All those in favor say aye. Any nays? MOTION CARRIED: FIVE ONES. ONE ABSENT. Page 22 Meridian City Council Work Session Item#1. May 4,2021 Page 20—20 Bernt: Do I have another motion? Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move we adjourn. Borton: Second. Bernt: All right. All those in -- we have a motion to adjourn. All those in favor say aye. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 18 /2021 Robert E. Simison, Mayor DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 23 Motion to enter Executive Session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader, Councilman Cavener ADJOURNMENT 6:00 pm 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 20, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. April 20,2021 Page 24 of 24 Overpass Simison: Councilman Bernt. Bernt: I move that we strike number 13 from tonight's workshop agenda. We actually have that listed at our 6:00 o'clock meeting and so we will get to it, just not at this -- at the -- during this meeting. Simison: Do I have a second to that motion? Hoaglun: Second the motion. Simison: I have a motion and a second to remove Item 13 from the agenda. Is there discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is removed. MOTION CARRIED: ALL AYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and the meeting is adjourned. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 4 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 27 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the April 20, 2021 City Council Regular Meeting Page 28 Meridian City Council Item#2. April 20,2021 Page 03 of 83 The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 4 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 111 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Full Release of Sanitary Sewer and Water Main Easement Page 112 ADA COUNTY RECORDER Phil McGrane 2021-071643 BOISE IDAHO Pgs=1 CHE FOWLER 05/05/2021 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easemenl GRANTEE:CITY OF MERIDIAN GRANTOR: DWT Investments LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated October 29 , 2020 and recorded as Instrument Number 2020-146718 in the records of Ada County, State of Idaho,an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation,over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described,with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 4th day of May ,2021 CITY OF MERIDIAN Robert E. Simiso ,Major 021 Attes y Chris J on,Ci e =L`' 5-4-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) ..__.,.._......_,.__..______...........___._._._. Notary Signature C l��nlssraNUSSIO N�67ss�E WAY My Commission Expires: 3-28-202 co NOTARY PUBLIC STATE OF IDAHO lVfY I;O19 SION EXPIRES 3128122 Version 01/01/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Full Release of Water Main Easement Page 114 ADA COUNTY RECORDER Phil McGrane 2021-071651 BOISE IDAHO Pgs=1 CHE FOWLER 05/05/2021 10:17 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE:CITY OF MERIDIAN GRANTOR: Brighton Development Inc. INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated November 04 , 2020 and recorded as Instrument Number 2020-151433 in the records of Ada County, State of Idaho,an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation,over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described,with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 4th day of May ,2021 CITY OF MERIDIAN Robert E. Simiso or 1 r CAYO. A Jo son,Ci �i' 4-2021 STATE OF IDAHO, } . ss. County of Ada } This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) --- Notary Signature M Commission Expires: 3-28-202 �HAFt��tdE 11 1NAl' Y � COMNUSSION#67390 NOTARY PUBLIC 5TAT6 OF 113AFfO MY COMMON MON EXPIRES 3128122 Version 01/01/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hill's Century Farm North No. 1 Water Main Easement No. 1 Page 116 et Name(Subdivision): Hill's Century Farm North#1 ADA COUNTY RECORDER Phil McGrane 2021-071647 BOISE IDAHO Pgs=10 CHE FOWLER 05/05/2021 10:15 AM Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of May , 20 21 between Century Farm Storage LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#5. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Page 118 Water Main Easement Version 01/01/2020 Item#5. Century Farm Storage LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) )SS. County Ada ) On this A34 day of April, 2021, before me, the undersigned a Notary Public in and for said State, appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is the Manager of Century Farm Storage LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. SHARIVAUGHAN Notary Public-State of Idaho Notary Public for Ida Commission Number 20181002 My Commission Expires Jun 1, 2024 My commission expires - 0a Page 119 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 120 Water Main Easement Version 01/01/2020 E #5. E N G I N E E R I N G October 14,2020 Hill's Century Farm North Subdivision No.1 Project No. 19-167 Legal Description City of Meridian Water Easement Exhibit A Parcels of land for a City of Meridian water easement situated in a portion of the North 1/2 of the Northwest 1/4 of Section 33,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 33,which bears N89°15'22"W a distance of 2,660.62 feet from a brass cap marking the North 1/4 corner of said Section 33; Thence following the northerly line of said Northwest 1/4,S89°15'22"E a distance of 393.77 feet; Thence leaving said northerly line,S00°44'38"W a distance of 63.00 feet to POINT OF BEGINNING 1. Thence S89°15'24"E a distance of 20.00 feet; Thence S00°44'36"W a distance of 39.16 feet; Thence S89°15'22"E a distance of 9.43 feet; Thence S00°44'38"W a distance of 20.00 feet; Thence N89°15'22"W a distance of 9.43 feet; Thence S00°44'36"W a distance of 109.62 feet; Thence S89°15'22"E a distance of 9.43 feet; Thence S00°44'38"W a distance of 20.00 feet to a point herein after referred to as Point"A"; Thence N89'15'22"W a distance of 29.43 feet; Thence N00°44'36"E a distance of 188.78 feet to POINT OF BEGINNING 1. Said parcel contains 4,153 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point"A thence S89°15'22"E a distance of 340.98 feet to POINT OF BEGINNING 2. Thence N00°44'38"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 12.60 feet; Thence N00°44'38"E a distance of 109.62 feet; Thence N89°15'22"W a distance of 12.60 feet; Thence N00°44'38"E a distance of 20.00 feet; Thence S89°15'22"E a distance of 32.60 feet; Thence S00°44'38"W a distance of 75.42 feet; Thence S89°15'22"E a distance of 55.05 feet; Thence S00°32'08"W a distance of 20.00 feet; Thence N89°15'22"W a distance of 55.12 feet; Thence S00°44'38"W a distance of 54.20 feet; Thence N89°15'22"W a distance of 32.60 feet to POINT OF BEGINNING 2. Said parcel contains 4,598 square feet. Page 121 9233 West State Street 9 Boise, Idaho 83714 9 208,639,6939 • kmenglip.com Item#5. Said description contains a total of 8,751 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459 0 0 OF 1��4 . BAS,tiA 10 .1q.WID Client Page 122 Project Name PAGE 2 Item#5. POINT OF COMMENCEMENT CORNER SECTION 33 FOUND ALUMINUM CAP E.Amity Road 29 [NW 8 BASIS OF BEARING 28 S89'15'22'E�2660.62' _ — — N 32 33 — — — 393.77' 1 2266.85' 33 N 1/4 CORNER SECTION 33 ai S00'44'38"W FOUND BRASS CAP 63.00' (TIE) 40 S89'15'24"E a "' �20.00' S00'44'36"W a I If P.O.B. 1 Ir 39.16' I a I S8915'22"E �F9.43' S d 3 o S00'44'38"W 4 � z I T 20.00' w 00 001 I N N89'15'22"W C° 9.43' 3 wl to Proposed Hill's Century Farm North Subdivision No. 1 01 I Z I� I I � 0 N I I S89'15'22"E X l �9.43' II W S00'44'38"W I C/) �20.00' 0 w d S89'15'22"E - - • —------------- --- rn N89'15'22"W 340.98 (TIE) POINT "A" 0 G 29.43' � z J s I = a U 0 Q 3 0 0 T a w 0 0 50 100 150 Y Z Plan Scale: 1" = 50' a z a w E N G I N E E R I N G Y 9233 WEST STATE STREET 6 BOISE,IDAHO 83714 „E PHONE(208)639.6939 Exhibit B r kmengllp.com Hill's Century Farm North Subdivision a DATE: October 2020 � PROJECT: - 19-167 SHEET: City of Meridian Water Easement 1 OF 2 N 1/2 NW 1/4 Sec. 33, T3N., R1E., B.M., City of Meridian, Ada County, Idaho u Page 123 Item#5. S89'15'22"E �32.60' x N00'44'38 E 20.00'� a ° N89'15'22'W-7 12.60' cJ I i 00 0 i l o S89'15'22"E �55.05' S00'32'08"W 00 120.00' �p S89'1522E o I N89'15'22"W w l 12.60' z l i 55.12' N00'44'38"E S00'44'38"W W w w I 20.00'� I 54.20' 4 I S89'15'22"E 3 I - z i 340.98' (TIE) rN89'15'22"W =1 I P.O.B. 2 32.60' ° = I Proposed p Hill's Century Farm North Subdivision No. 1 m x W D N 0 Q ° r b of G W_ ° K 6 Y 0 ° 3 0 0 F z a w 0 0 50 100 150 Y Z Plan Scale: 1" =50' Z W E N G I N E E R I N G Y 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(208)639-6939 Exhibit B x kmengllp.com Hill's Century Farm North Subdivision s o DATE: October 2020 a o PROJECT: 19-167 SHEET: City of Meridian Water Easement 2 OF 2 N 1/2 NW 1/4 Sec. 33, T3N., R1E., B.M., City of Meridian, Ada County, Idaho lJ Page 1 44 Item#5. 20.00 699-15-W. 3 o M O O N 3 O� o� N 5 .n U 00 n M � o ^ O O C _3 `D N M \D O O O - O N 7 3 ^ o 0 0 S ry n89°15'22"w " 29.43 Title: City of Meridian Water Easement 19-167 Parcel 1 Date: 10-14-2020 Scale: 1 inch=35 feet File: Tract 1: 0.095 Acres: 4153 Sq Feet:Closure=s62.4129e 0.00 Feet: Precision>1/999999: Perimeter=455 Feet 001=s89.1524e 20.00 005=n89.1522w 9.43 009=n89.1522w 29.43 002=s00.4436w 39.16 006=s00.4436w 109.62 010=n00.4436e 188.78 003=s89.1522e 9.43 007=s89.1522e 9.43 004=s00.4438w 20.00 008=s00.4438w 20.00 Page 125 Item#5. 32.60 s89°15'22"e �g a 3 W N M h O O N V N a v 55.05 o s89°15'22"e c a og No a n89°15'22"w 55.12 3 00 0 M CV h 0 0 2 f° O p N� n89°15'22"w 32.60 Title: City of Meridian Water Easement 19-167 Parcel 2 Date: 10-14-2020 Scale: 1 inch=30 feet File: Tract 1: 0.106 Acres: 4598 Sq Feet:Closure=s87.5747w 0.00 Feet: Precision=1/183410: Perimeter=500 Feet 001=n00.4438e 20.00 006=s89.1522e 32.60 011=s00.4438w 54.20 002=s89.1522e 12.60 007=s00.4438w 75.42 0 1 2=n89.1522w 32.60 003=n00.4438e 109.62 008=s89.1522e 55.05 004=n89.1522w 12.60 009=s00.3208w 20.00 005=n00.4438e 20.00 010=n89.1522w 55.12 Page 126 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Northpoint Recovery Center Pedestrian Pathway Easement Page 127 ADA COUNTY RECORDER Phil McGrane 2021-071650 BOISEIDAHO Pgs=5 NIKOLA OLSON 05/05/2021 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE Pro*eetName Subdivision Northpoint Recovery Center PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 4th day of May 20 21 , between Pine 43 Holdings LLC hereinafter referred to as "Grantor, and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement V. 01/01/2020 Item#6. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: r STATE OF ID O )k County ofla,,,� This record was acknowledged before me on 20 f(date) by Wn 12odabiS4 (name of individual), [complete the following if signing in a represent ive capacity pr,s veil the following if signing in an individual capacity] on behalf of (name of enpion t alf o whom record was execute), in the following representative capacity: +�5 y tt� (type of authoriyy such as officer or truste )� (stamp) Notary Signatur Regina Lynn Estenfelder,AttomeyAtLaw My Commission Expires: * NOTARY PUBLIC-STATE OF OHIO My xmmission has no epira6an date st(► y: �;' Sec.147.03 R.C. got 0 Pedestrian Pathway Easement REV. 01/01/2020 Page 129 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-2s-2o22 Pedestrian Pathway Easement REV.01/01/2020 Page 130 EXHIBIT A N V 5 Delivering Solutions Improving Lives i F i t February 26, 2021 PATHWAY EASMENT LEGAL DESCRIPTION I A parcel of land located in the NW1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, and being and comprising all Pine 43 Parcel B as shown on Amended Record of Survey No. 12629, Instrument No. 2020-168182 recorded on December 7, 2020 in the Office of the Ada County Recorder, and being more particularly described as follows: COMMENCING at a found 2.5" aluminum cap stamped "PLS 7880"for the C1/4 Corner of said Section 8, (Comer Monument Record 2019-055315), WHENCE a found 3.5" brass cap for the I E1/4 Corner of said Section 8, (Corner Monument Record 2020-052069), bears South 89°54'47" East a distance of 2615.03 feet; THENCE North 0033'41" East a distance of 45.21 feet to a found 5/8" rebar and yellow plastic cap stamped "JUB PLS 16642" a point conterminous with the northerly Right of Way line of E. Pine Avenue and identical to the southeast corner of said Pine 43 Parcel B; THENCE coincident with the southerly line of said Pine 43 Parcel B, South 89053'41"West a distance of 8.00 feet to the POINT OF BEGINNING; THENCE coincident with the said southerly line, South 89°53'41"West a distance of 14.00 feet; THENCE leaving said southerly line, North 0029'40" East a distance of 372.55 feet to the northerly line of said Pine 43 Parcel B; THENCE coincident with said northerly line, South 80°31'44" East a distance of 14.17 feet; THENCE leaving said northerly line, South 0029'40"West a distance of 370.20 feet; to the POINT OF BEGINNING. The above described parcel contains 5199.25 square feet or 0.12 acres, more or less. Together with and subject to covenants, easement, and restrictions of record. The basis of bearing for this parcel is South 89"54'47" East between the Center 1/4 corner and the East 1/4 corner of said Section 8. Robert Gromatzk 'P.L.S. LRNp License No. 17216 End of Description cs GENS� 9� O F � 690 S. Industry Way,Ste 10 Meridian, ID 83642 T 208.342.5400 F 208.342.5353 • www.NV5.com l Page 131 EXHIBIT B Item#6. S80'31'44"E 14.17' 2a33' 82 , E. STATE AVENUE I i z 0 50 100 Feet p I I I PATHWAY EASEMENT 5,199 SQ FT 0.12 ACRES N PLAT OF GEMTONE CENTER NO. 5 ' BK. 90, PG 10575 N co C4 RN: BLOCK 5 N N LOT 2 aCIDM Z W r4 coa � W'- 9 O N N N N z z LOT 1 o R p� - oZ U W W� �N W N p Z Z W Q pt LAN,s ��s v`GE N 3F GAG AM CV M13H 0. 17216 � s89W'41"W &OD' LOT 1 S89'53'41"W 14.00' '.'-POINT OF t NO'33'41"E 45.21'----,• BEGINNING E. PINE AVENUE - BASIS OF BEARINGS S89'5447"E 2615.03' AWMINUMi CAP I 2Y 3.5" BRASS CAP C1/4 SEC. 8, T. 3 N.. R. 1 E. El SEC. 8, T. 3 N., R. 1 E. PLS 7880 CORNER RECORD 2020-052069 CORNER RECORD 2019-055315 SHEETNUMBER DRAWINGINFO SHEET INFO ■, ■ EXHIBIT FOR PATHWAY -• DRAWN RG N EASEMENT B0000193.00 ; V 15 2 Of 2 LEGAL PATHWAY CHECKLLNORTHIPOINT -E P06Nad. R"9 si'ss"iz"3ao NORTHPOINT 1"�50' Fzor D 503-626-0455 wWw,NVb Page 132 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 Page 133 ADA COUNTY RECORDER Phil McGrane 2021-071648 BOISE IDAHO Pgs=7 CHE FOWLER 05/05/2021 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Pine 43 Apartments Phase 1 Sanitary Sewer,&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of May 2021 between Daniel Burrell ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was-placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 i THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WH REOF, the said parties of the first part have hereunto subscribed their signatures the da a d year first herein above written. GRA OR: l GI&0 � STATE OF } County of }kln � ss This record was acknowledged before me on (date) by D 0 yl i e l ga t 1 (name of individual), [complete the following if signing in a representative capacity, or• strike the following if sighing in an individual capacity] on behalf of Pt4�ent b eys I .6name of entity on behalf of whom record was executed), in the following representative capacity: W&M V)fV- (type of authority such as officer or trustee) (stamp) P CANDACE AMELIA HUFFMAN Notary Public Notary Signature State of Colorado Notary ID#20134001,410 My Commission Expires: y— M- EOV MY Commission ExPires04-12-2021 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#7. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 136 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#7. .31Ml ® THE MAP N G ('J•U•� LAN MAPPING _ T GROUP INC.NfC. J•U•O ENGINEERS,INC. J-U-B FAMILY OF COMPANIES EXHIBIT"A" PINE 43 APARTMENTS CITY OF MERIDIAN WATER&SEWER EASEMENT No. 1 LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the center quarter corner of Section 8,Township 3 North, Range 1 East, Boise Meridian, from which the north quarter corner of said Section 8 bears North 00°30'07" East, 2,653.05 feet;Thence North 30°40'17" West, 1,347.96 feet along a random line to the easterly right-of way line of N. Webb Way as described in that Warranty Deed to Ada County Highway District recorded under Instrument No. 2019-037052,Ada County Records and the POINT OF BEGINNING; Thence S 63°29'52" E, 36.08 feet departing from said easterly right-of-way line; Thence S 67°06'38" E, 71.94 feet; Thence N 22°53'22" E, 11.51 feet; Thence S 67°06'38" E, 10.00 feet; Thence S 22°53'22" W, 11.51 feet; Thence S 67°06'38" E,43.10 feet; Thence N 89°59'40" E,43.44 feet; Thence North, 166.97 feet; Thence N 34°06'04" E, 14.22 feet; Thence N 55°53'56" W, 37.73 feet; Thence N 34°06'04" E, 10.00 feet; Thence S 55°53'56" E, 37.73 feet; Thence N 34°06'04" E, 31.75 feet; Thence East, 15.93 feet; Thence N 00°00'09" E, 7.71 feet; Thence S 89°59'51" E, 10.00 feet; Thence S 00°00'09" W, 7.71 feet; Thence East, 12.36 feet; Thence North, 17.75 feet; Thence East, 10.00 feet; Thence South, 17.75 feet; Thence East, 96.59 feet; Thence North, 160.96 feet; Thence West, 75.95 feet; Thence North, 28.61 feet; Thence East, 10.00 feet; Thence South, 18.61 feet; Thence East, 85.00 feet; Thence South, 10.00 feet; Thence West, 9.05 feet; Thence South, 111.60 feet; April 15,2021 20018_P43_Apts_COM_Water_Sewer_Esmnt_Legal_Desc.docx Pagel of 2 2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 `' www.oub.com P 208.376.7330 page 137 Item#7. l NUB M THE GAYEYYAY "LANE YAPPING GROUP INC. .1•U•S ENGINEERS.INC. J-U-B FAMILY OF COMPANIES Thence East, 35.05 feet; Thence South, 10.00 feet; Thence West, 35.05 feet; Thence South, 61.36 feet; Thence West, 143.21 feet; Thence S 34°06'04" W, 37.55 feet; Thence South, 160.22 feet; Thence N 89°59'40" E, 289.97 feet; Thence S 00°00'20" E, 22.00 feet; Thence S 89°59'40" W, 6.29 feet; Thence S 00°00'20" E, 8.72 feet; Thence S 89°59'40" W, 10.00 feet; Thence N 00°00'20" W,8.72 feet; Thence S 89°59'40" W, 11.13 feet; Thence South, 33.79 feet; Thence West, 10.00 feet; Thence North, 33.79 feet; Thence S 89°59'40" W, 322.44 feet; Thence N 67°06'38" W, 33.59 feet; Thence S 22°53'22" W, 52.54 feet; Thence N 67°06'38" W, 10.00 feet; Thence N 22°53'22" E, 25.55 feet; Thence N 67°06'38" W, 6.00 feet; Thence N 22°53'22" E, 26.99 feet; Thence N 67°06'38" W, 111.61 feet to the easterly right-of-way line of said N. Webb Way and the beginning of a non-tangent curve; Thence along said easterly right-of-way line and said non-tangent curve to the left an arc length of 24.65 feet, having a radius of 420.00 feet, a central angle of 03°21'48", a chord bearing of N 12°51'04" E and a chord length of 24.65 feet to the POINT OF BEGINNING. Hereinabove described Easement No. 1 contains 0.56 acres, more or less. END DESCRIPTION J-U-B ENGINEERS, Inc. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of Robert L. Kazarinoff, PLS, all professional liability associated with this document is hereby declared null and void. Robert L. Kazarinoff, PLS 4 0 44 �. KP, 15 AP12 Zoz► April 15,2021 20018_P43_Apts_COM_Water_Sewer_Esmnt_Legat Desc Page 2 of page 138 on.C.—A'.V162M F-V4aQ C1WLft%517456 PRriN VMCF,R1 Pfu..E fCArPSUR6F.`RaYT1 IM eau WATFQ SEWkR E%HRIIT.rjWr Item#7. -- N b Way rr Ln � r N ' r z rLn r C4 v l 1 1 CD -u co 0 [Jr n o 1Y I�r r r Q m 1� CD j r co ---L8 �cn� 0) o L37 �<�6 I I � I, 1 I oo I F- J L25 r I C I r N � N CA I N N Or I I� �� cnl IN I I� o '41 U) I I I I� N -- - - - -_- -- J m mo z r Ir L31 �. 41 I N r o- 0 cr CD r z o L33 F- P, I ° 3 ( \ wq r+ *F- F- n ooC/) CD r r 0 — cnN CA � 000 z Z I 3 (D 4� .� o : m U) 0 cn Er m ao CD `=. � 3 ` n o.a Cl_ cD J L+ (D rDr 0 m m Z CD 00 00 00 CAD W — — — — — — — — — - — — 0 N 90 N00°30'07"E 2653.05' cn op CD c CD CDm z CL o m cn -' cn co �° m SD 3 0 CD o co = v Cn n s � 5 0 0 N 00 Page 139 Dr-CIMwo:YkSMl POW.QRAKD %MtW MADI3CRVEVOWCM103 CCM WATER$CWEN E1 F DM �7. Item#7. r 0 cr0 OD � cn 41 C4 N O CD Z Z VJ (n Z Z Z w Z Z Z Z Z (n (n (n Z cn w cl O (D O 00 O 0 Gj Cn (A (P W O 00 Cn N O) N M 0) � m O O c0 O O -pt Ue -0: U! -pt O c0 J N J N J C.,o C7 < O O O UI O O O CD O U1 O O u O O Cr O N (D _ CD O O O (0 O O (DiC-1 C� CI O O (D G (r1 O) (lJ Di (D C x O O O Ul O O O U1 O U1 O O -A C,J N W M -, (Jl 0• o O O p (D O 41 M 4 � O O 00 N 00 N 00 N :n (T N (D Cli 3 J N J O J Ut C4J O J N U1 O (P Co O CJl '3 O _ (A 01 C,i O C,, N J -r p O -� Cb s N D O D_ O C. O 1n r W w w W w w w r r r r r r r— r r r C7 00 J M Ul � CA N W O 0 00 J M u 41 CA N N O �. ( N N (] p Z (n (n Z Z (n Z (n Z (n Z (n Z Z Z Z Z (n Z r+ Q 00 O (A (D (D O (D O (0 O 00 (0 O � O (D O (D 00 D (D (D O -P O O O O q O O O O O O O O O O O O r (P O O O O O O O O O O O O O O O O O O (DD (D O Cn O O O O O O O O O O O O O O O O C) P� O O O O O O O O O O O O O O p p O p 0 O O +' O O O O O O O O O O O O O O O O o N � cn m (o O J CJI O CP O U1 CO O 00 Ui O Q� J O (O N Ln N O O O O0 O O O) O Cr p C0 cn J O 1n M �p J N u CD O Ui O O O _ O 5 O (D (P (-: C) rrt D- o N a 41 r (n r r r r r r r r r r r r r r r U1 (D u u cn cn C.n U1 � 41 � 41 � 41 41 � � G1 N U1 41 (A N O C0 00 J Cr (r � C4 N O (D S Z Z Z Z z (n z (n Z z (n (n z (n (n (n (n C3) N 03 N Cn N C11 00 p (0 p 00 O 00 O 00 O J N J N J N J CD p O O O O O r O cn O U1 O Ul O U1 O O O Ut O U1 O Ln O CD Ca (P (,a CY) C4 M (A O (0 p O O CD O (0 p (D p 0 cD Z C, N C, N C� N U -P O O O Iv -P N -P N —I aC 00 N co N M N 00 O O O O O O O O O O 0 PO O rm m :�E ::E :�E m M :�E :�E m ::E M m Er w m o a M. C1 N N U1 W c C� C 4 N r p (Jl O N (,� N W O (� Co O 00 M N S :3 Co 00 (P O Un U1 J O J N O N p O (O N Al � (D u O � (D (0 O CD Crl _ O _ _ O S aZ SD =r C[ W 0m D o p CCD m a CD CD C� .� C" w o m Nlp �o D cn a `��' 7• m a w o 3 0 m CD co a 0 s o N O N Page 140 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Pine 43 Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 2 Page 141 ADA COUNTY RECORDER Phil McGrane 2021-071649 BOISE IDAHO Pgs=9 CHE FOWLER 05/05/2021 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Pine 43 Apartments Phase 1 Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if Project contains more than one easement of this type. (See,Instructions for additional infonnation). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 4th day of May 2021 between Daniel Burrell ("Grantor")and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through unaergrouna pipetiiles to 6e constructea'6y ottiers; ana' WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Page 142 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#8. I THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's Lsigna ssigns, heirs,personal representatives,purchasers, or transferees of any kind. S WH REOF, the said parties of the first part have hereunto subscribed their da a year first herein above written. Lw ado STATE OF ) County of }kln � ss This record was acknowledged before me on (date) by D 0 yl i e l ga t 1 (name of individual), [complete the following if signing in a representative capacity, or• strike the,f ollvwing if sighing in an individual capacity] on behalf of Ping lWyeiQMent gti( ersU.Coame of entity on behalf of whom record was executed), in the following representative capacity: W&M V)fV- (type of authority such as officer or trustee) (stamp) I� CANDACE AMELIA HUFFMAN f Notary Public Notary Signature State of Colorado Notary ID#20134001/410 My Commission Expires: y— M- ILOV My Commission Expires 04-12-2021 Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 143 Item#8. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-4-2021 Attest by Chris Johnson, City Clerk 5-4-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-4-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 144 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#8. l i • GATEWAY LANODON ,{ GATEWAY OROUP INC. J•U•/CNOMURf34 INC. J-U-a FAMILY OF COMPANIES EXHIBIT"A" PINE 43 APARTMENTS CITY OF MERIDIAN WATER&SEWER EASEMENT No. 2 LEGAL DESCRIPTION That portion of the Northwest Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center quarter corner of Section 8,Township 3 North, Range 1 East, Boise Meridian, from which the north quarter corner of said Section 8 bears North 00°30'07" East, 2,653.05 feet;Thence North 16°53'48"West,483.99 feet along a random line to the northerly right-of way line of E. State Avenue as described in that Warranty Deed to Ada County Highway District recorded under Instrument No. 2019-037052, Ada County Records and the POINT OF BEGINNING; Thence N 89°33'55" W, 22.00 feet along said northerly right-of-way line; Thence North, 23.37 feet departing from said northerly right-of-way line; Thence N 07°38'01" E, 60.79 feet; Thence East, 11.29 feet; Thence North, 88.89 feet; Thence West, 250.25 feet; Thence South,45.00 feet; Thence West, 17.50 feet; Thence North,45.00 feet; Thence West, 73.28 feet; Thence South, 12.00 feet; Thence West, 225.36 feet; Thence South, 8.72 feet; Thence West, 10.00 feet; Thence North, 8.72 feet; Thence West, 35.51 feet; Thence N 45°12'27" W, 9.72 feet; Thence S 19°25'30" W, 32.64 feet; Thence N 70°34'30" W, 10.00 feet; Thence N 19°25'30" E, 37.38 feet; Thence N 45°12'27" W,44.64 feet to Point"A"; Thence N 57°23'10" E, 30.20 feet; Thence S 25°47'04" E, 22.46 feet; Thence S 45°12'27" E, 28.59 feet; Thence East, 338.91 feet; Thence North, 12.39 feet; Thence East, 10.00 feet; Thence South, 12.39 feet; Thence East, 263.93 feet; Thence South, 121.84 feet; Thence S 10°12'13" W,41.31 feet; April 15,2021 200l8_P43_Apts_COM_Water_Sewer_Esmnt_Legal_Desc Page 1 of page 145 7 .... �•ly: � i e 1 s' Item#8. i• ! 1�1 •� 1 �' a`1.' t.,� , i ! s }• �, TXE GATEWAY ■. - •_ JUB `, LANOUON MAPPING •� _ _ 7 'S iii//�Y- GROUP INC. J•U•G ENGINEERS,INC. J-U-B FAMILY OF COMPANIES Thence S 00°08'18" W, 20.13 feet to the POINT OF BEGINNING. TOGETHER WITH That portion of the Northwest Quarter of Section 8,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: BEGINNING at hereinabove designated Point"A"; Thence N 84°13'28" W, 77.92 feet to the easterly right-of way line of N. Webb Way as described in that Warranty Deed to Ada County Highway District recorded under Instrument No. 2019-037052, Ada County Records Thence N 00°58'10" E, 6.18 feet along said easterly right-of-way line to the beginning of a curve; Thence along said easterly right-of-way line and said curve to the right an arc length of 35.15 feet, having a radius of 480.00 feet, a central angle of 04°11'46", a chord bearing of N 03°04'03" E and a chord length of 35.15 feet; Thence S 81°16'20" E, 28.69 feet departing from said easterly right-of-way line; Thence N 08°54'13" E, 19.10 feet; Thence S 81°05'47" E, 17.74 feet; Thence S 08°54'13" W, 19.04 feet; Thence S 81°16'20" E, 33.97 feet; Thence N 64°12'56" E, 63.11 feet; Thence N 89°59'31" E, 78.41 feet; Thence North, 36.52 feet; Thence East, 10.00 feet; Thence South, 36.52 feet; Thence N 89°59'31" E, 38.69 feet; Thence N 00°00'29" W,7.27 feet; Thence N 89°59'31" E, 10.00 feet; Thence S 00°00'29" E, 7.27 feet; Thence N 89°59'31" E, 321.63 feet; Thence North, 36.48 feet; Thence East, 10.00 feet; Thence South, 36.48 feet; Thence N 89°59'31" E, 12.34 feet; Thence N 00°00'29" W, 19.35 feet; Thence N 89°59'31" E, 18.54 feet; Thence S 00°00'29" E, 19.35 feet; Thence N 89°59'31" E, 107.96 feet; Thence South, 34.80 feet; Thence East, 37.81 feet; Thence South, 10.00 feet; Thence West, 37.81 feet; Thence South,43.75 feet; Thence West, 10.00 feet; Thence North, 37.11 feet; Thence West, 21.54 feet; April 15,2021 200l8_P43_Apts_COM_Water_Sewer Esmnt_Legal_Desc Page 2 of Page 146 Item#8. l THE MAPPING �7 LANOOON ApIN6 - GROUP INC, ' J•U•O ENGINEERS,INC. J-U-B FAMILY OF COMPANIES Thence North, 10.00 feet; Thence East, 21.54 feet; Thence North, 30.94 feet; Thence S 89°59'31" W, 223.09 feet; Thence South, 18.00 feet; Thence S 89°59'31" W, 384.28 feet; Thence S 52°29'43" W, 32.18 feet; Thence S 57°23'10" W, 30.20 feet to the POINT OF BEGINNING. Hereinabove described Easement No. 2 contains 0.82 acres, more or less. END DESCRIPTION J-U-B ENGINEERS, Inc. This description was prepared by me or under my supervision. If any portion of this description is modified or removed without the written consent of Robert L. Kazarinoff, PLS, all professional liability associated with this document is hereby declared null and void. 1o�A L d Robert L. Kazarinoff, PLS a X\ OF P a l 5 AP9 Zo2 April 15,2021 200l8_P43_Apts_COM_Water_Sewer_Esmnt Legal_Desc Page 3 of Page 147 Cale Clltld'A/I6 21 FAPRQIECTSVUR\1D-17-166 PINE Q PARCEL AI PHASE 1 ICARl51AiVAY111 1C 103 COM WATER FFMFR F*Wff OM Item#8. _ - Hebb Woy L89 C2 i :3 � -� Jul l cl, GO � r m CU f r ` O I I I r , rI I I �L37 r - Ica I a I L99 I ❑ 0 I I 100 y r l N I IO �NI I r O g o I 1 a�I I oCD N rt I X - o I (D ml rrI I � i � 0) °;I I M fi Cr r L64� I 41 D w wo L621 I� M I00 I � r fi II CO o II l N N i i O � Ln O w 0 I I �L105 o i ,I I� j, L10 m K fi CO a ". O I I � � n r I I wI I J I n� w 0 3 L57 L58 C° s F O � \ m �' L86 L85 \ cD a CD CD T CO F- CL w S m� 4�' ` � cn Cn En � -� 1 cD iia CD 05 3 0 o ° COcn In00 - 0 : � = (n ° N00"30'07"E 2653.05' cn 0 c�u NE 1 /4 Section 8 Page 148 13MO Cm V1MOON F.1 RaW.C15JMPff 17-1M PNF gRMCF4.RV Vl1A$E lWAM%MVFfVWpw03 COA WATER SEWER 00410kT Dwo r Q Item#8. r r r r r r r r r r r- r r r r r r r r r r :0 J J J J J J 0) O) 0) (D O) 0) 0) M O) 0) Cn Cn Ut Ul 0 N 41 C4 N O co 00 J 0) UI -P, CA N - O (0 00 J O Z Z (n Z Z Z Z (n Z (n Z Z Z (n Z Z Z Z Z Z J -P O O O 0 cD O O O "D 0 (D 0 (0 O O 00 (0 0 co U O O O O O O O O O O O O O J O cc� r Cr N O O o O O O O O o O O O O G, O C, m 3 m cn 41 Cn N O O O O O O 0 O O O O O O 00 O CA 0 � n Cr.i (W Cli N O O O O O O O O O O O O O O O Cn p -- $ O O O J O O O O O O O O O O O O O O Cn 73 CT p 4w M :*i ::E r-i :�E M rTi :�E M ::E M M M M M M W C� (D (A 00 N J � -P M(In M 0 N N N J O N Cn O N C� Cn J Cn 0 M O (A N 73 C14 0 0') N U1 N O N O N O CnO N 00 N J (A O 10 Oo O _ _ O rn O 00 O O 0 c0 (O (O J O s r r r r r- r r r r r r r r r r r r r r r (' (O (D (O (O (0 (O 00 Oo 00 00 00 Oo 00 00 00 00 Oo J J J J (p Cn 41 (A N 0 (O 00 J 0) U -P, CA N 0 (D 00 J 0) z (n (n (n z (n Z z (n Ul (n z cn Z Z z (n Ul Z z 0) 00 0 W O 00 o Co 0 O O O (D O (O -r, N U1 -P 00 00 p O O O O O O O O Cn Cn J CP 0 r Cn O u Cn O O O 0 O O O � N (D n N O) -p U � O Co W 00 N C O O O O O N J C N 0 (D rt Ut N -r, N N - � O O O O O O N O � N �' Q 0) O W J C,� 0 O 00 00 W O O O O O O J O J o - m C4 — N J N N CA N N C4 � r 1 ' 1 N 0 � 00 O O J 0 p (,a CA O C,4 � U1 J O (O co 0 O CO V (0 Cn O 41 S �F r r r r r r O o O o o O o o C° (° cD (D (D Cn W N O (D 00 --AM Cn 41 C4 N O 0p O 00 J O) cn z (n Z Ul Z Z Z cn Z Z z (n Z Z Z Ul Z Z z O (0 o 00 0 00 O 00 o (o o W o M O w 0 (0 0 00 C r 0 0 0 (o o (o o (n o 0 0 (o o (o o co 0 0 0 (o - 0 0 0 u 0 cn 0 Cn 0 0 0 (r 0 u 0 u 0 0 0 C i rn o O o co o (o O (o o O O (C O (o o (o 0 o O (o 0_ O O O W N CA N (,.i O O o uj N CA N W O O O W p Q CA7 O O O co c0 _ O O O w _ (0 O O O 6D 6 z ri ri ri ri ri ri � M M M M M ri M � M M M M ri `< � O : p — m Er K CA (A - - - - C, CA � (J C4 � (AJ F- a CCD CDD O J � � (O 00 c0 N � O 0 N J o J 00 M O M 00 0 O,a [], O CO 00 (ACn CA CA N O N Cn O Cn CND O O O Cn U 00 O 00 W J O J p N O N 3 3E; O m co c=. nz CCD o � s CAD W F C)m 90 0 o p CD c* 3 m I CD CD rrl rD m cn Cl- 5- CD o CD 0:3 CD o °° O � Z o � 9 O N O W Page 149 Oft C��SMI F%WW.CTSINIR WlT40i MME 4 PMCEI.M MOSE PCAD&URVMEWlpN2Q1 y ppM WATER 5EWpM fMCW DAD rAk ffi r N N N N N N N z 00 J a) U� 41 G.1 N O 10 E. J M x (n W W W CO Z Z Z Z Z Z W Z UI u m O m o (D o CD o (D o ( 0 r N N U O CP O O O O O O p O m :3 C,L if � O � O O O O O O O O _ rt _ � W O W O O O O O O O O p' � O CA O O O O O O O O O GJ C 4 CA N C 4 N N C j -tl C,a r O N 00 00 W O O J O CA --A N 73 O 6o (n O (P O O 00 CO O (D -� -F O -� O CI C7 s= n N (D (J (J 3 Cji rnV 00 Z7 V CO � p 0- 0 c. O n C) � L C rt Q _ CD p (D w n z ^� C) o (�l y�'riE '� p 0 i� o a m E' w CD co oCD �' O (Dd u CD M 73 K s w 0 4�1-. o CD W (, a n CD 9 D Cn CD y �� o p CD v' CD � cD CD CD 3 CL =t wo mcn _ � w aa CD m wo 3 n m CD c co M O w N o W O W Page 150 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. Page 151 Item#9. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: May 4, 2021 Topic: Final Plat for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. Request: Final plat consisting of 46 building lots and 8 common lots on 7.58 acres of land in the proposed R- 8 zoning district. Information Resources: Click Here for Application Materials Page 152 Item#9. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/4/2021 Legend DATE: F-ojecl bmflton TO: Mayor&City Council iff FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2021-0017 _ LG� Tetherow Crossing Final Plat LOCATION: The site is located northeast of N. Linder Rd and W. Ustick Rd I. PROJECT DESCRIPTION Final plat consisting of 46 buildable lots and 8 common lots on 7.58 acres of land in the R-8 zoning district, developing in a single phase. II. APPLICANT INFORMATION A. Applicant/Representative: Ross Erickson, Erickson Civil Inc—6213 N. Cloverdale Rd. Ste 125,Boise,ID 83713 B. Owner: Dennis Creek—770 E. Clear Creek Dr,Meridian, ID, 83646 III. STAFF ANALYSIS The annexation,zoning,development agreement and preliminary plat for this development were approved by City Council on February 9,2021 (H-2020-0112,DA Instr. #2021-046529). The preliminary plat consisted of 46 building lots and 8 common lots.All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. Because the final plat does not increase the number of building lots and or decrease the amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Pagel Page 153 Item#9. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 154 Item#9. V. EXHIBITS A. Preliminary Plat(date: 11/9/2021) i F1 E E - E E-EET FW nee to e ' E.EET E T-Tr-HE hIFN'MxWlr'I�*+�+R iE-E E-IE� rrrlh4i&m-LLO w—,pi -+TE T E E OIeIOX'CJgr1BCJr5 � ti - 'T•T� � . - - - --s. FF µ I E' ti � ryKao rmi, �I 11l�F I El' — — — L I r 'mg ' PRELIMINARY PLAT (R-8) Page 3 Page 155 B. Final Plat(dutc2/l7/2O2D Item#9. C. Preliminary Plat Color Landscape Plan(date: 11/9/2020) r—f �3rt _ LA sub vtmeT+wT� -- i.oFfl. 7'I TvrA . 11' d IS .. I.. EYJSTR46 7032S TO TIL,-+jzr TO Ce '� R VefTZ LAT�IGE T �. LIUM-SEEEM?IV FE3. f TO. 6RASS FOP FlhWAAL I I IT,F,) visTLmv wE trrvi 3•.'. I C.MHECMEM •- ir' P#7H Aij T37 5-3 GE:A u—YF- d— _. �, _ FWL[,OJfpw1 �- T 7-a I J I _ ea I 1 I - I 4-5 pi 1-3 rr 1 I I I , 'r'-3 I Ij-e I �B-a I 13-'J I 7ti5 I 11-e I R-} i S-i k+} _nMW4a-u i_ SHaB:EFD —LN€�X i I rlp(4��g1p .' TRa�TerJ fTTFJ SJF�EI�ft'.'�; 91dM � l,l I + M.uSnrk�Cr Page 5 Page 157 Item#9. D. Final Plat Landscape Plan North(date: 2/17/2021) --- — — R�TbIH I FR'..,TI-.T ExI51 RL., LCLAIIc+fl ,1,Lk FrET WA9TGEF'As3`Ti?; rATIUH.SEE- _ '1:y: 1YIEION .31 ER15TWO TREES TO REFICVM LANLN�rr rTypArT LJ4L+•O d118H�x rf �-� • L' ~I 3 •'!� I-SM .A ,4'� �+FIi I.S ITTP1 Y "..�` .T'{�';: ?�� ,, I. .s.: I � .1 I�-�{ a'irllirl LATr�e TqI-1-6nci '�•; ��•' Y•I�ENT T1 CCVM i...... 5EE PTI 5IT LJ d�"f r I '•' µ� --CRC 4 1� Sr: N ' 1—'.i 7-FY w~i c +]- 1 I AM I.SM .I5W _ _ +✓;GW -L . 7 riH -CAR _ �L7 SFr a- r 3__ PAL] - _ti. rxn Fwir�ro I 1�4;: �:'� :.- - .. .:"I`m. <'_.. - ``.. .. '.: .1•AHI. -,' -� '} PATHNAY 97S71!N f rrF•, SEM1TIN6/ui[_h 4. y " Ex157`I96 TRFE`+TO FZHAIH ��• I.,� •� A5 F,?_16IBLE AU1h GLHf lu I%5k1 Ci I'`a`{' DITCH 71LE.PI=A TO ESE • .: : '. 3-RS -aC fR,56 FOR MMIMAL —� — _ r I �'.•.4• .. '.�_�.�' 3-Fr 5-" � �� vLsnWSV��R.frtP,' EXOT •_5�q , f7-fP1 IFS KEncE .1 I p 1i t-.2-></ - 31 I +J_TL Ili •.'.'r RL. i - .� . Yll."OVESTAKE ST. I'A1 P..r.P. I-EH - T-�aPs MATCHLINE L2 1MEMO MATCHUNE L1 - Page 6 Page 158 Item#9. E. Final Plat Landscape Plan South(date: (date: 2/17/2021) MATCHLINE L2 v I . 1I[[f. / 7 MATCI LINE L1 1a-s 7 I}I - 7, 8-+} Emsr IN FEW _ 9-3 I LLJ I - I = -I 9- - I F l:-r Eii m N I I-_ I 6'SOLIP VMYL I _ PERIMV-T@F.F'CNGP" SEE DiL4,5141'L5- � — I I I — '- 1 3 I� � I I � •'•I I I— I g 1 rI 51 YIhIYL LATTICE - _ioE F 10 LHK:;H AREAS - 3EN m t.SHi I B{T Fj" I _ TRIAMPLE ,2-6 - P 1-A+iHFV1THMY - .` +Y -GP A• •. • tit q. % W.SAWLAGV.]7 ETU I I_ I wI -'r + 15 i 16-3 j 17-3 i 18-3 18-3 ui SO 2U-.] 21-3 22-3 I- 6' LE! rrrtl r-� _q III I I rtRIrE1FR Pk r I SEE CTL 4.51ir L?fTrFl FEI 2-PY EAFIZ"F2'fT7P.b--KP -- -t3 -FIG 1-4ki I-NS 1-H6 2-6B 2-�P dtk -=b "R 9{.H ,•I 3tf3 3+t, .s.;G. �L kF I�iu INS I-H5 I WS 3sH I _ J 3 Fb• 3-RS .I � f 3R5. r Cz IfWi S..RS }F�a- 1.. -.2-PY �3 .:I .. WR tinfd IrTFi I '4' 41-R. .. .. Page 7 Page 159 Item#9. F. Amenity Details ax' �l Page 8 Page 160 Item#9. Common Driveway Exhibit(date: 10/16/20) t.d \ M. , `CONCRETE SHARED DRIVEWAY q S { e ;Lf ———-�l � - ! -.L LL FRONT FRONT FRONT BUILDINGSETBACIC.S I �—BLIILDINGSEII-MKS I ITnILDINGSETBACKS I I I I I I I I 15—3 o -. S(I 4723 cF I o I 1$— I I 1 —3 17oi SF I I r, m I I I I FENCE(TYF,) I I I I I I I I 1dGl— 1 17 I t• . 23-3 3942 SF Page 9 Page 161 H. Emergency Access Exhibit(date: 4/5/21) 4a *Q RLY UIE Ll p U E MY Tn L L 6' W L aM .2 L as pia C21) U L7 RUTLPFEE SFE ACCESS LIR C1 Kaw"M3T!7a h%2 as 3309 1" R-LES 1WfDI-JDM$ 'f Lin Tw NTM 7J9 ass —L3. LJ, L ILI dye 5 'W Ac 21, FLI AA nw t2 �3.51'Clip IYC j -W 14."W"W ST. %ua 3-V S: ur ;-S V r iMNTa2 4i SNWSW.- .- I I —tWTV37N T. F9, @ 8. k 16" 'JNRY- 5VR.,Mm --j L !Ila q wj)w 5 g SWM A T 'E- - w1,02-L 1--- K 1 In, WOP 'E— L in rw 7 MI11 'Q%wr jq W SAN111A6b-,7ryes - COE.%S "hFE CA' 47.01, T WA F; -4 4W 41 fo, al fd' k 41 or OtW W'7 Alff 47 or T 21 M4-U RrrHT-;rM A-'. WfL�A� WT 3PRW Page 10 Item#9. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Instr. # 2021-046529)and preliminary plat(H-2020-0112)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by February 2,2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension, in accord with UDC 11-613-7. 3. Prior to City Engineer signature on the final plat,the final plat prepared Land Solutions, stamped by Clint W. Hansen, dated: 02/17/2021, included in Section V.B shall be revised as follows: a. Add a note that Lots 2-5,Block 2 are limited to one story. b. Note 12, add Instrument Number. c. Note 13, add ACHD Instrument Number. 4. The landscape plan prepared by Jensen Belts Associates on February 17, 2021 is approved as submitted. 5. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 6. Developer shall comply with all ACHD conditions of approval. 7. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements,blocks, street buffers, and mailbox placement 10. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS 1. SITE SPECIFIC CONDITIONS 1.1 Provide a minimum 12-inch separation between storm drain manholes and sanitary sewer manholes B2 and B3. 1.2 The geotechnical investigative report prepared by GeoTek,Inc. indicate some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. As noted in the Geotechnical Engineering Report, groundwater was encountered in all of the excavated test pits,ranging from 4.8' to 6.9' below ground surface. Particular attention needs to be focused on ensuring that all residences constructed with crawl Page I I Page 163 Item#9. spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. 2. GENERAL CONDITIONS: 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2.5 A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 2.6 The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.7 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.8 In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Page 12 Page 164 Item#9. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.19 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. Page 13 Page 165 Item#9. 2.22 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.23 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. 2.24 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 Page 166 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for TM Crossing No. S (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S. Wayfinder Ave. and W. Cobalt Dr. Page 167 Item#10. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: May 4, 2021 Topic: Final Plat for TM Crossing No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S.Wayfinder Ave. and W. Cobalt Dr. Request: Final plat consisting of one (1) buildable lots on 8.3-acres of land in the R-40 zoning district. Information Resources: Click Here for Application Materials Page 168 Item#10. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 5/4/2021 Legend RUT R-4 DATE: ( �_ I�Project Lacfliian R 40 -� R1" TO: Mayor&City Council , R-8 L FROM: Sonya Allen Associate Planner Y � -15 RUT I-L R1 208-884-5533 R_. C-N - — L SUBJECT: FP-2021-0027 'Rx RUT CIC - TM Creek No. 5 RU. R- rR RU . LOCATION: Northeast corner of S. Wayfinder Ave. 40 C-C '+R' R- and W. Cobalt Dr., in the NW %4 of - -O RUT_R�-- Section 14, T.3N.,R.1 W. (Parcel R #S1214212802) R1 RUT L I. PROJECT DESCRIPTION Final plat consisting of one(1)buildable lots on 8.3-acres of land in the R-40 zoning district for the fifth phase of TM Creek Subdivision. II. APPLICANT INFORMATION A. Applicant/Representative: Kody Daffer,Brighton Development—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: SCS Brighton,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plats for TM Creek East and TM Center and associated conditions of approval as required by UDC 11-6B-3C.2. There are five(5) fewer buildable lots and the same amount of common open space as shown on the approved preliminary plats. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Pagel Page 169 Item#10. V. EXHIBITS A. Preliminary Plats (TM Creek PP-13-030 &TM Center H-2020-0074) rear J � I '�'''�� _rr��_—x�i �\4 .�rm.u�k a �s� a � v1 Ar•... 9 � � es,v ew I�v - A,• IaI erg ur�APM11 mx eM�=�m�d r ' 11NPIAT1Eo � 1 II rvrvrEwxravm'n KELLER + TM CREEK PRELININARY PLAT zoe04T� 2° ` BRIGHTON >,. MRMRATION SITE LAYOUT 2OF3 TM CENTER SUBDIVISION PRELIMINARY PLAT muximMnP r=iow A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE xc WEST 1/2 OF TEE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST, 6015E MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 y O O O O O O OO r � � ixouoroxxwixra __�__ II__ .....e•«�_sa A_,r xu mew r-- .r....«.o.• .riw®a ® ®'.,,®. � ® __�__�__�- i xr� menx moime �? O ® C9 o O O O OO�LIZ O 0 It co rp � OO '""` - �m«�� Tm cEnrExsueoivlson � e o �'M MERIDI0.NNIMHO isa� iP�H y EP�i PP1.0 w Page 2 Page 170 Item#10. B. Final Plat(date: 3/29/2021) Plat cyf TM Creek Subdivision No.5 msE lNe PaISRtNu ia.>>:�o.aD.l..as a5orM-.f1Ne N-h 9/9&,he N.M—.1/44Se b.14, vhn sok.]•.w Town hip 3 North Range 9 West,&M.,CIETaf Mnldian.Ada County,Id" I 71171 SHEET INDEX TM CIHN Unplxtted ste:sT t-suepx5wx PaT + SYUAl1ANON N0.4 ,,,Ten Mlle Oren[pnfHPEG �_ _ sw cr a-c��am-arz n mxera aro Norzs I ! fm 6 sRxPr a-cersnncnTss uIo ammr<�ss l l HLC['r] H!P'9970-E]W-6E' xel9--20-E.6f.01' nE7!i.w— LEGEND � fnuo rwurux aw.as nmm E>•x0 Ltw ult pnw rxrrt-n-ur t P�srtix�snnAEnrt xd xoty-miso5 C.se..5n rm xsrnwsar xw eaesa G U=Wif°OTHEaYASE_w rots�x169' atm E A SET 6/FIWH AE WH PE.tEflt GW •-• o PFNIYIFM El6Fx � 14'AkEO'M9 tSa9Y' E �� OFF INe.eWM tp a019 '!4 SET 6�RW{1x[tt wnirtnc rttum} n' l+ 1 0 WWm'ALB%S tN/wBBn'� K m 1—J I ___i f0lRI°BW PLLIG CMT�n WUiEIIC MERn b � f l IrI w1aiE0]u.e P.6 ExaJB- sa.P.e+9 s.ap GSaENIn unpl—d . 1m/9-�[x AEfl4Q 5111X PUSfIC CAP � i l— / RIXII3 y D YA!E➢E KB 19a5P' tyIIH RASaC GP 1 L ff T rycu YEe RaM 1 r__' 'Q icr xVxffiR �d I in. rao...TEa tv;Eev.r sueoenswx eoNxwr.EnE I e uxx +1p < cwmtvte gl mane UN_Eae I TwsE.—-E I TMi..N r� r—� rT SvhdMsbn No.3 � L_—_--__—J L—_--_--_--__—_______________- L — -- --__—_—� cnr or wexEw xenn vet5cmm ------------- - r-------- I I I I I � odEru��- I E.wwErv. oEr �t 5¢ye e+aEEIRr I I �.cA�,Etiertx I ne.,Txux°a._._ °w�Y5�5 xamanrr m,e-0.ium •ti{ '�s..axveam.i..c I I FP[a w�amx�w I � �l—� F II igimgaipn w:_ nonTecm I�i w'10R� ui ra cT L cs uerivai^w asy.>e' ux y sb'ta•xTE tase.et• L. LED W.Cobalt 1k(Puplicl BCRae't sw xta*w Elie�CCaEan fEC1EpC�.a 15 l esTRS[Irt w`�� ••� i y maT 16 c11 CEO Li3 cx r Uff,iota-at "e „ rertvuw ,at.�• � VnF&md QUW[TMU I24S9 + Sl1RVET NARRATIVE LINEIMU UNETA&E 1xs xwax[e Slas amen Ism 1� UKWT ]oM °i+BO se on'e,w ]aa °�tw• _ 3.31 90'LI F Mt L UIf4 0 Lt wTS�>Oti t i]r+5'Sx�. c fNEa' alEx' JxY55- nrlvE-v _ esmBoPs uvt mono ssTlBsSs*sn axur Iurcal. �.� CS Eyem' esna' yEI'xY nIYTo�W u a55ro �l x gartcaTe m.m REFERENEES a rati � �,y CO .�.m' .B.Td vsE'xY wSYaaw.am t REttno or Sumer xa ass5 rawrae or ea cwarr Invu m m Es xzot'aYy . 50�tE ta+e ]]w ]�.ED' s]s nx.aENep Or SYmE'rt.85u, R uu cwalt,vwo. PDO3 ETaW-1].is,fd=.Lfd¢[F an wuxli.wi0. Nlaufiri tP�O Er5 noel]SSE �• rWin 3]w e'! E xfm EM�tin rtRNMrX 0 a-M13 AT u.w a� aa'xE sxSS aaR, mnt AS. e[DORD Pe EM�E�w a01+. Le.M CNInt, 4wC. P.fcss E»aa-t reu,�axaa[e aat M. [✓N0. V xpa"]0-iEti 6 9E]."At .. Bsxwo of sSmrx xw wse. a.n[W.eM.INwO. eE. M 1.S�,N£r W BEBe.sfMeC6 VF.N CWhT[.I— a suxr xa oD.e.eemEee aE xxe cwxr.,iwtn. essm o-]r1.• Page 3 Page 171 C. Landscape Plan(du1c4/22/2U2l) Item#10. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [TM Creek: AZ-13-015 (DA Inst. #114045759; 1st Addendum Inst. 2016- 073497; and 2nd Addendum Inst. #2017-113747 and preliminary plat(PP-13-030); Calnon (H-2015-0017,DA Inst. #2016-030845); Ten Mile Center(H-2020-0074),DA Inst. TBD]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of City Council's approval(by January 9,2022) of the previous phase final plat(i.e. TM Creek No. 4)in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 3/29/2021 by Aaron L. Ballard, shall be revised as follows: a. Graphically depict the location of the ACHD storm water drainage system on Lot 7,Block 3 referenced in Note#9. b. Minimum 20-foot wide street buffers are required along S.Wayfinder Ave. and W. Cobalt Dr., both collector streets, placed in common lots maintained by the homeowner's association as set forth in UDC 11-313-7C.2a; revise note #13 accordingly. Street buffers shall be measured from back of curb as set forth in UDC 11-3B-7C.1 a(2). c. Include recorded instrument numbers for easements graphically depicts on Sheets 1 and 2. An electronic copy of the revised plat shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, prepared by KM Engineering, dated 4/22/21, shall be revised as follows: a. Depict street buffers in common lots along S. Wayfinder Ave. and W. Cobalt Ave. in accord with condition#4b above. b. Add shrubs within the street buffers along S. Wayfinder Ave. and W. Cobalt Ave. along with the trees and vegetative groundcover as set forth in UDC 11-3B-7C.3a. An electronic copy of the revised landscape plan shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 6. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to signature on the final plat by the City Engineer. 7. The property shall be subdivided prior to the issuance of any Certificates of Occupancy for the site in accordance with the Development Agreement. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. Page 5 Page 173 Item#10. 9. All future development shall comply with the minimum dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and UDC 11-4-3-27B.1. 10. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan Page 6 Page 174 Item#10. approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any 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- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Page 7 Page 175 Item#10. Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 8 Page 176 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. Page 177 Item#11. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: May 4, 2021 Topic: Final Plat for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. Request: Final plat consisting of 45 buildable lots and 5 common lots on 12.74 acres of land in the R-4 zoning district. Information Resources: Click Here for Application Materials Page 178 Item#11. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/4/2021 Legend DATE: lei Project Lacaiian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner IRA 208-489-0573 ORE Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: FP-2021-0014 Whitecliff Estates Final Plat No. 3 LOCATION: The site is located at 943 W. McMillan Rd., in the NE 1/4 of the NW 1/4 of Sections 36, Township 4N.,Range I I. PROJECT DESCRIPTION Final Plat consisting of 45 building lots and 5 common lots on 12.74 acres of land in the R-4 zoning district. This is the third phase of the Whitecliffe Estates Subdivision. II. APPLICANT INFORMATION A. Applicant/Owner Todd Amyx, 943 W. McMillan Road— 13967 W. Wainwright Dr, Suite 102,Boise ID 83713 B. Representative: Shari Stiles,Engineering Solutions, LLP— 1029 N. Rosario St, Suite 100,Meridian ID 83642 III. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 9/18/2018. The preliminary plat consisted of 128 building lots and 10 common lots. The final plat for the first phase of 45 lots was approved by Council on 4/23/2019. The second phase for 36 lots was approved by Council on July 21,2020. This phase consists of 45 building lots and 5 common lots.Amenities included with this phase include a 24,160 square foot park which includes two pathways and a shuffleball court. This park is larger than what was approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. Because the final plat depicts less building lots,and an increase in qualified open space as what was approved with the preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Pagel Page 179 Item#11. All development shall comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district and UDC Table 11-2A-6 for the R-4 zoning district. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 5/23/2018) Phase 3 -s �- E£ AM IMN 5 OF IRE+011d 90Rd175Ke18 P gRfCT 16 E7LLWW W if 7F#LIAM I AL �-�Yd u"M W rn.rse m aawc Ir wuer o�nc m'Mix i I'MOr =e,• r � raver x 7� k v +d $ 1 '._[aee,. _ :mom - - v3U real ase 9 f lu' i W,y fi COO, �_$ II r I Iber '� k ! II! G B .5 �9 p rny� W7RT am' I+ "# • IIS' .n I X,Yr Ilf y- a I air 1 4 :°. 15 fl � % rlr IS I+ sr BECK I Ilr ��s s wY• IIN •!I M !' yl J { li R a® 0 ICI[+ YL6r L p,1EL Wall(11` _� CI •� "F fi-41 In xun• ai ' ,IY1 17 � e n' r Hn 1Pr r 'ZypR,x �6 I. IV r a35 � € �M nla• 15 I+ � q Li 1q 11 l `� I I awl k n P IS ' r]f R y. .10 jt'C II x.� 9 wr- ]Z ]I ]0 uMK FHp�i 3— xnu^ ,-rronl uu aw r1 anI r m IZ 7S IS r 7i 76 i7 18 79 _ e e �,r� 1161r moo• _ r� I dub• }�• zirllY/ !�• Pan. _ r - � 3ioLa _1lMY W4iy �. 1U' IY N � r R — r "IL s Y.7MIE SM M VL Page 2 Page 180 B. Final Plat(dutc3/4/202D BEGMING am Ir jr? 0970 Of 021r If EMXK I? 47. ,Fr!- NO 4f 29 32 WON 4 27 20 BLOCK 13 WZ5 le 25. 24 is —Ilk LIS L12 if -SEE DETAIL. Page 3 Item#11. C. Color Preliminary Plat Landscape Plan(date: 7/8/2020) -L, Yia K McMUj%4 1 •fira o-irH-•.�:'.r; r•a'L44L5LbPE iuzn ——- _ 1 cn�r i_1 f Ci�R Y4 J-y'L�ron Lkw PAY, riuW y v x {1 ioJ C CjCR "Z a'--i+1 , pHA6 FWN r1rp) ------------- 3S 15 Kt "�. < OPEN 5F.Ce 4 C, g 15 W<F1ar - 38 14 • gi�CJ� � 7 —r �Via,� :. ElL9�C'�. ° 7 a6 12 - 1 - 12 8 G I perm wx. d 35 9 14 11 1+ �3 14 F y mar, I 1r' 33 — *' 25 i3 �T 29 2$ 27 'fri 9 ' 37 3 i 34 p�{p45E 1 ru z 1 11 7] 13 74 �— -- i, 1G i7g 19 �24 li � ,� 11 Ph * " � 7 2 FH1SF-2 10 3 5 7 6 9 ,4 7 2 3 4 3 fi 7 S F9$il hA FEAR x 9r•LO+dN PAFK 5L JIV1..rM FJC�.t 61 - P�Yd: 'ykmlonn Ftia.c Page 4 Page 182 Item#11. D. Final Plat Landscape Plan North(date: 3/20/21) li - - --- - - -- --— ao — — —9 --- -- p�=_--- - ——— -- I ----'¢------ ---- �}'w�T+ EN51111a e�Hr CL lid ��. iOLo'.tnti 1 F4P PHASE I.'MR I - @LOCK I 6LOCk 7 ° a'M FIA IP 9 B 5 4 I I AHTL FEWE k ellr Ly{rm) 'S1- M1 ,il ev- - t. �x rnM ' , :.. . .. ill 41 :s�k"•iY1'A F.. .... g' �� I S 8'FR rAm {/ & +4. kl 4:ii �Ir Le:Trr� IT +' r.r . Kr I k +a V•Nil f f i 4,I1 14, 1 F+WA fITYl aiiz I 57 I I I I I 1 BMIEiEHI k7H - c"bxr1=H l7H xe xrn 7 TH] NIT 1 F 117 OIL• � � 1 W T 1 3 TT1PF I � 1 I } 'UF.• 33 I I I 12 . I1 . I I MATCHLINE L1 13 1 M MATCHLINE L2 Page 5 Page 183 Item#11. D.1 Final Plat Landscape Plan South(date: 3/20/21) MMTCHLINE Li . . I j 6 J.i ii I lii 111 --- I I F — I I' li I ii i t I ' 1 Fi1RGLI 1]RlrtlrtVTl M�F1[59.EGIV M 1 11 11 11 1 11. cygg 7r q" BLOC!({ 25 � rtiu rear J '. I rNi+[w�EP m 5p"' III s T« W.BLUE FEATHERLR ? - Zi --ice-; u - lot ,.. J II II n .1-0Lv �yS3c.1 Y....:: u ————y•J>I 'rT LI'��I- - �z: s•x*� ;:'"-fir' / � J, :..:.. —ew`- -----s. 42 ell �Z -T 4- mPf BLOCK s _ v 4RP- P. �} Lt- Page 6 Page 184 Item#11. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0074,Development Agreement#2018-111711). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the date of approval of the preliminary plat, OR within two(2)years of the date of City Engineer signature on the previous final plat phase(January 17,2022)in accord with UDC I 1-613-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The landscape plan prepared by Jensen Belts Associates, dated 3/20/2021, is approved as submitted. 5. The final plat prepared by Clinton Hansen,Land Solutions,dated 3/04//21 shall be revised as follows: a. Add the instrument number to Note 12. b. Add the book and page number, and storm drainage easement instrument number to the call-outs near Lot 39 Block 5. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 8. Prior to signature on the final plat,the applicant shall submit a copy of the final street name evaluation from Ada County. 9. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. 10. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. Page 7 Page 185 Item#11. B. PUBLIC WORKS GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that Page 8 Page 186 Item#11. may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round Page 9 Page 187 Item#11. 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. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 Page 188 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ambles Run Subdivision (H-2020- 0124) by HomeFound Group, Located % Mile East of N. Locust Grove Rd. and % Mile South of Chinden Blvd. Page 189 Item#12. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation&Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots,by HomeFound Group. Case No(s).H-2020-0124 For the City Council Hearing Date of: March 23, 2021 & April 20,2021 (Findings on May 4,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 23,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 23, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 23, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 23,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 23,2021,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) - I - Page 190 Item#12. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 23,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -2- Page 191 Item#12. City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 23,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -3- Page 192 By action of the City Council at its regular meeting held on the 4th day of May 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-4-2021 Attest: Chris Johnson 5-4-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-4-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -4- Page 193 Item#12. STAFF REPORT C:�*%_ W IDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend DATE: 0 I�l U Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 _ SUBJECT: H-2020-0124 Ambles Run Subdivision LOCATION: The site is located on Lot 26,Block 1 of the county Dunwoody Subdivision, ® �� approximately /4 mile east of N. Locust e Grove Road and a'/2 mile south of Chinden Boulevard, in the SW 1/4 of the �® NW 1/4 of Section 29,Township 4N., Range 1E. ®� � I. PROJECT DESCRIPTION Annexation&Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots, by HomeFound Group. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.88 Future Land Use Designation Low Density Residential(0-3 du/ac) Existing Land Use(s) Vacant land Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 6 residential building lots Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 6 single-family units of units) Density(gross&net) Gross—2.08 du/ac.;Net—2.49 du/ac. Open Space(acres,total N/A—property is not at least 5 acres in size [%]/buffer/qualified) Amenities N/A—property is not at least 5 acres in size Neighborhood meeting date;#of November 9,2020— 10 attendees; attendees: History(previous approvals) No history with the City Page 1 Page 194 Item#12. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via Chopin Avenue,an existing local Hwy/Local)(Existing and street stubbed to the southern boundary of the subject Proposed) property. Stub Street/Interconnectivity/Cross Applicant is proposing to continue Chopin Ave.through the Access project in its current alignment and stub it to their northern boundary,terminating in a cul-de-sac. Existing Road Network No Existing Arterial Sidewalks/ N/A Buffers Proposed Road Improvements No road improvements are proposed or required other than extending Chopin Ave.into the site. Distance to nearest City Park(+ 1.2 miles to Charles F.McDevitt Youth Sports Complex size (City of Boise Fire Service • Distance to Fire Station 1.5 miles from Fire Station#3 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#3 reliability is 78%(below the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility Proposed project meets all required access,road widths,and turnarounds;proposed landscape planter within cul-de-sac is not allowed and should be removed. Police Service • Concerns None Wastewater • Distance to Sewer Services N/A • Sewer Shed North Slough Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed •Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. Water • Distance to Services 0' • Pressure Zone PE 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns None Page 2 Page 195 1 1 1 7t" SHIN _ DEN *:,I - � 119ff Y 3 y �*I1�9 _ Ar � �:rt �titi■ " ■■■■■■■■npn� 111111E ia■Wi��l■i■_ ...�'�e_.. .u� __� � _ ii"1:'p r' r1111111i !■1�� 1��j■ - >` • in mI�In In IIII■■ ■ III ■l IIIIIIIII �� Ly�� o - o .. ` o- - -�.. 1 � � _ ■■ :::i�■��Vi ii is i■MINE iii■': f� mil!LU tl■�■:1■Iq 0 ■ �■■Ir■IIIIIi■� r iq I Iiiiiii �- Illlr Jfa■ �� .■o■ a■:I 4tS� .!_ J _ y P�■u■ruu =r■� �.: r .■■ 1 . ■■ .n■■■■■n Gr■III IIIIIIII� iii i�� ' Ir ■!! ■■Inn■■■!ENDED■■ _ ■I III f :..■ -= ■■nn■ ENDED■I •; }'. in In IIII .■ I —i- -■■u■■■■■■I - �� .'-; �J7 _ IIII ■■I ' CHINDEN ,EN H. _ rllrr Iliilll� �..... :11■ �..1■il� • —�iiiiiii°3 nwi=�� a!iii!JI■■■MENEM'� • ;__,,,.,, , rIm�� "nl�_ ��I�°i� �, rnn��■��'�, -m■1 ''-��i ■till■ ^nnu - -• till!! n�, I■■■■ ullnn li. ■ f� ■1 i'�1 1 nn lion■iunnn IiC I W E�99 n�1�' p n■■Es n 111l11■iOl�l a�nn■■■Irn 111111■IiO■�� i1G� -=nnmm�nn0 � ��-�■ifC u . lJJ � .�I �:�-ii fQ ■■I7�.1111�1� � "1 �wi ■ ■u. 111!!Ir IlgrrllU .■ ` i �■ ■■a 1!1l111 llllrrl111 .■ ■ >n� ■ ■u11■ mp nm nu€��_ �■■■■I ■ ■u11■-. nI- nm nl�i�'� �I�■■�I IIII ■IIIII P� n IIII unn P� n mIl Ilmn■i■-�nnn m■�.O �■f■� mIl Innn■p.-�nnn m■1� ■T� ■�■� ,� III I IIII■■\� IIn■I IIIIIIIIIr1�� 'I�� I^t�l nI I IIII■E�� _l_■ ■I IIIIIIOIrt�� -•'I� ■ ■ :t111 n■I nnn■ q■■L-�■■■\■ ■ � n■I nnn n ��_ 1 7CCL--rCGGOG ■ � ■ ■u■ � - �� . ■ r -■'I ■ ■u n n■I�.� V=■■■�� DIlrriA■■■ -nl ■ ■■ �■ll•�. �.� n■ nnu:■ ■ ■■ �■- mn.0 ■ ■ ■■ nnu- � ■■Eum 1■■�- rumli ■I nnn r ; Nr Io nnn 4 di�/ NINE 111 11 "Jflr - .■■n ::ni .q i�Inn �� ,� P:■n :�i�nnn p nu■In � ■. i Ir � ■ 9 .■I �� tl■noon ■.ri.Ir �-: 9 .■i ■ IIII ■ ■ ■■■■ ��■■o■■= • ■■ Id ■I ■� IIII■n � ■■■1 ■■o■■= ■■ id ul NEED on ■■■I ■ ■■■■■�■ ■■ ■■ ■■ :■■■■:- II III .. !! ■u■■■� ■■ ■■ ■■■:■■■■:n ■■ OP numu�■m nnlnlrA ^�■ ' R�=o�r_■n:f■m nnlm ml unl i '� • n 1!nn■■■■■■noon■ ■IIi miss i ',. .■■ Inn■■■■■■noon~! minm r J L m � LI C■■� .nnn■unn■I i o r� ar■nu unn ni ■■■■■�.�..� II IIII A .... ■■■■■..�.��II IIII ■••_• t- III ■■n►�� I�1 ' ■ • ■ as�■■i II ■■■n I ��:� •• Wit' n■■::is�I .■ \ �. ■ n■■o■■� III IIII\M■■ ` �—w- ■■no o■■�� IIII ■■I IIII ■■I II i II Item#12. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/29/2021 3/5/2021 Radius notification mailed to properties within 500 feet 1/26/2021 3/2/2021 Site Posting 1/27/2021 3/8/2021 Nextdoor posting 1/26/2021 3/4/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Low-Density Residential—This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The subject site is somewhat of an outparcel of an existing county subdivision (Dunwoody Subdivision) that has no access except for the Chopin Avenue stubbed to its southern property boundary. Dunwoody Subdivision has large lots that are approximately an acre or more in size and the proposed subdivision aims to provide a transition from these larger lots sizes towards the existing R-4 lots to the south by proposing six(6) lots that are over 16,000 square feet in size. The subject site is less than 5 acres in size and therefore the requirements to provide open space and amenities do not apply. However, Staff is aware that the three parcels adjacent to the subject site to the west and north are also in discussions with City officials on their redevelopment—if those parcels were to annex and redevelop together with this parcel, this area may be able to provide a more cohesive development. The Applicants of both projects have been in detailed discussions with each other but no agreement could be made. Therefore, this property owner decided to move forward with the proposed 6-lot subdivision. This is unfortunate but the likelihood of this parcel being developed with anything other than the proposed layout is minimal. The proposed density is approximately 2 dwellings per acre which fits within the Low Density Residential future land use designation range of 3 or less per acre.As noted, this density would offer a transitional density from the county subdivision to the existing Vienna Woods Subdivision to the south. Despite the 2.88 acre parcel not being required to provide open space, the Applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. As currently proposed, the project is proposing approximately 4%open space that would be qualifying open space if any were required. This number is important because if this property was required to provide open space by code, the project would only be required to provide S%open space due to the project only containing buildable lots and each lot being over 16,000 square feet. Providing open space for developments is a critical point within the comprehensive plan to help create a sense of place and add green space for residents to enjoy. Therefore, Staff is recommending the Applicant revise the landscape plans to show 10'wide parkways instead of 8'wide to increase the open space for the project and meet that 5%open space threshold. Providing open space at this level is not required by code but Staff believes it Page 4 Page 197 Item#12. helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways, Staff is recommending a revision to the road layout to better comply with the comprehensive plan and help with future development in this area. The Applicant should provide a stub street to their western boundary and preliminary discussions with ACHD have determined this Applicant would be required to construct the full street section. Therefore, the stub street would be constructed as a full 33 foot street section within 47 feet of right-of-way if using attached 5-foot sidewalks. However, to align with what is already being proposed Staff recommends the stub street be constructed with 8-foot parkways and detached sidewalk further analysis is in the Access section (Section V.F). By providing a stub street to the north and to the west, this parcel can set up road connectivity and utility placement for future redevelopment in this area creating a more cohesive design. Furthermore, this recommended change does not create the need to lose any lots or change the request for R-2 zoning as each lot would still meet the R-2 dimensional standards after reducing their lot widths. With Staffs recommended changes, Stafffinds the proposed project and what it brings to the City of Meridian to be generally consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section MI.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density that is directly in the middle of the adjacent estate lots the north and east of the Dunwoody Subdivision and the R-4 lots to the south of Vienna Woods Subdivision. Although the proposed subdivision is only six lots, this subdivision would lay the foundation for the appropriate transitional density in this immediate geographic area. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices"(3.07.01A). The proposed site design incorporates a transitional density from the existing 1-acre lots of the Dunwoody Subdivision. In addition, the Applicant is proposing to construct a berm with trees and other landscaping along the rears of each building lot to further screen the new and existing homes nearby. Code does not regulate landscaping on private property but Staff encourages the Applicant to include maintenance of these landscaped areas within the future CC&R's of the homeowner's association. Despite such a relatively small site, the Applicant is creating buffers and incorporating street trees within parkways to buffer and screen the proposed homes making them more compatible with what exists to the northeast and to the south. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the south within Chopin Avenue,per Public Works comments. This project also lies within the Fire Department response time goal.An additional 6 homes are expected to generate 4 school age children which can be easily absorbed into the school system, according to the West Ada response letter. Page 5 Page 198 Item#12. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).As discussed, the project is below the minimum 5 acre size to require open space. However, the Applicant is proposing parkways with detached sidewalks that will add street trees and help create a sense of place for the development despite not having a large open space lot. Residents here will be within walking distance and easily within car and bicycle distance of a park to the southeast through local streets. In addition, with Staffs recommended changes to increase the width of the parkways to 10 feet, the trees should be healthier and beautify the subdivision even more. "Require all new residential neighborhoods to provide complete streets,consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is proposing to construct this project with detached sidewalks, street trees within parkway strips, and a road section wide enough to accommodate on-street parking. Staff finds the combination of these elements helps create a form of complete streets and should encourage future development nearby to emulate these features. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the detached sidewalks from the south to allow easy access to the existing pedestrian facilities within Vienna Woods. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes that do not match those directly abutting the site but instead act as a transitional density. This proposed density and probable homes in conjunction with the proposed street trees should complement the design of the existing development nearby. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site as this site is leftover pasture land. D. Proposed Use Analysis: The proposed use is detached single-family residential on larger estate lots. This use is a permitted use in requested R-2 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(six lots),the project is proposed to constructed in one phase but will still have a Homeowner's Association. According to the Applicant's Narrative,the future homes are to be constructed as approximately 2,400 square foot single-level homes with a second story bonus room as an option. The proposed use and style of homes should provide for a development that is cohesive with adjacent development. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. Staff will verify compliance with these standards following Staffs recommended revisions discussed in the next section. Page 6 Page 199 Item#12. F. Access(UDC 11-3A-3, 11-3H--4): Access is proposed via extension of Chopin Avenue,a local street stubbed to the southern boundary. The submitted plans show the extension of Chopin as a 36-foot wide street with 4-foot detached sidewalk outside of 8-foot wide parkways with street trees. The proposed street section does not meet ACHD policy and should be reduced to 33 feet wide. In addition,the sidewalks must be constructed as 5-feet wide to meet ACHD standards. The Applicant is proposing to terminate Chopin Avenue at the north boundary in a cul-de-sac in line with ACHD policy because the road section will be greater than 150 feet in length. The proposed layout is sufficient for the proposed 6-lot subdivision but Staff believes it does not adequately set the stage for future development to its north and west. Therefore, Staff is recommending the Applicant revise the plans to show a stub street to the west as discussed to meet more of the comprehensive plan objectives and policies. There are multiple placements of the stub street that would provide for better future circulation than only providing a stub to the north. However, Stafffinds it appropriate to recommend a location that minimizes the amount of wasted pavement should Chopin Avenue ever get extended further in the future. Staff recommends placing the western stub street along the northern property boundary as a full street section per ACHD requirements. However, the Applicant should work with ACHD on a reduced street section for this stub street to minimize the impact to this property.At a maximum, with 5-foot attached sidewalks and a 33 foot street section, the western lots would be required to be reduced by 47 feet to incorporate the required right-of-way.ACHD has reduced street sections if no on-street parking is desired which would reduce this area even further. With the maximum amount of right-of-way taken, the proposed lots would still exceed the minimum dimensional standards of the requested R-2 zoning district. Despite the recommended stub street being more than 150 feet in length, both Meridian Fire and ACHD have agreed to allow the stub street be constructed without a temporary cul-de-sac at its terminus to minimize the impact to this Applicant. In order to maintain adequate turnaround, Chopin Avenue will still need to end in the cul-de-sac, according to ACHD. The Applicant should still work with ACHD prior to the Council meeting to minimize the impact of this recommended change by Staff. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and not within any part of the cul-de-sac at the end of the extended Chopin Avenue. H. Sidewalks(UDC 11-3A-17): 4-foot wide detached sidewalks are proposed along internal streets adjacent to landscape parkways as part of the extended pedestrian circulation of Vienna Woods to the south,in accord with the standards listed in UDC 11-3A-17 and ACHD standards. As discussed previously, the proposed 4-foot wide sidewalks do not meet ACHD standards and should be widened to 5 feet wide. The Applicant is aware of this but has not yet provided updated plans. Regardless, the sidewalks in this development will continue connections through the project from the Vienna Woods Subdivision to the south. These connections will allow future residents easy access to the nearby sports complex to the southeast. Page 7 Page 200 Item#12. I. Landscaping(UDC 11-3B): The only landscaping that is regulated by code within the proposed development is within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313). The Applicant is proposing 8-foot wide parkways with street trees along the proposed roadway extension into the site. The submitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by City code and therefore Staff does not recommend adding any provisions regarding this landscaping. The Applicant intends to maintain the berm and landscaped areas through the HOA and subsequent CC&R's that the City does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposed landscaping on the private building lots. Staff is recommending the proposed parkways be widened to 10'to increase the amount of open space for the small development even though there is not a requirement to meet any minimum open space standard.As discussed within the Comprehensive Plan analysis section earlier, increasing the width of the parkways allows the project to provide at least 5%open space which helps meet the intent of the code and comply with the comprehensive plan.In addition, the wider parkway would allow for healthier trees and provide the Applicant the opportunity to use a wider range of trees within the parkways, including larger Class III trees if so desired. Staff recommends constructing the recommended western stub street with 8 foot parkway on its southern side to match what is currently proposed. This parkway should also be landscaped in accord with UDC standards. J. Qualified Open Space and Amenities(UDC 11-3U): The subject site is less than 5 acres in size and therefore code does not require a minimum amount of qualified open space or amenities. See more detailed analysis by Staff in the Comprehensive Plan section and Landscaping section. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. L. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Despite the development being only six(6)lots,providing for pressurized irrigation with this project will allow for such irrigation to be continued as the surrounding area redevelops in the future. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant did not submit conceptual building elevations other than the one elevation submitted with the Narrative. That elevation is an example of what the expected home builder constructs. Detached single-family homes do not require design review approval prior to building permit submittal and therefore Staff does not review these for compliance with any standards. However,the submitted elevation does depict larger homes commensurate with estate lots and shows varying rooflines with different building and accent materials that come together and show high-quality construction. Page 8 Page 201 Item#12. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Michael Miller,Applicant; Robert Phillips,Vienna Woods neighbor; Susan Rammell,neighbor; Monty Moore,Dunwoody neighbor; Dick Price, land owner. b. In opposition: Jeff Wilding,Dunwoody HOA President; Jeff Thompson,Vienna Woods neighbor; Dale Hope, Dunwoody neighbor; C. Commenting: Jeff Wilding,Jeff Thompson,Robert Phillips, Susan Rammell,Dale Hope,Monty Moore,Dick Price d. Written testimony: One 1) -Mr. and Mrs. Rammell discussing a desire to have a stub street to their eastern property line (this project's western boundary). e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Andrea Pogue,Deputy City Attorney; Bill Parsons, Current Planning Supervisor. 2. Key issue(s)of public testimony a. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs; b. Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an issue for the City to be involved in; c. Legality of property split of Lots 25 &26 to create property currently requesting annexation and preliminary plat; d. Potential of working with future development of adjacent properties to the west and north to limit some of the CC&R issues discussed to include some revisions of the layout; 3. Key issue(s)of discussion by Commission. a. What is the City's legal purview in regards to existing CC&R's that conflict with the requested zoning; b. Applicant's willingness and ability to work with adjacent property owners and Dunwoody HOA on a compromise in regards to lot sizes; c. Benefit,if any, of continuing project versus moving forward to Council 4. Commission change(s)to Staff recommendation: a. Strike conditions related to stubbing a street to the western property line. 5. Outstanding issues for City Council: a. None C. The Meridian Citv Council heard these items on March 23,2021 and April 20,2021. At the public hearing,,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. I. Summary of the City Council public hearing: a. In favor: Michael Miller.Applicant b. In opposition: Jeff Wilding,Dunwoody HOA president: Terri Pickens,Dunwoody HOA Attorney C. Commenting: Jeff Wilding: Terri Pickens: Page 9 Page 202 Item#12. d. Written testimony: 2 items since Commission hearing further clarifying HOA issues e. Staff presenting application: Joseph Dodson, Current Associate Planner f Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Proposed project does not comply with existing Dunwoodv HOA lot size requirement and other issues with HOA: 3. Key issue(s)of discussion by City Council: a. HOA issue and any City involvement in potential of annexing property that could be in civil lawsuit in the future: b. Future potential of plat if civil lawsuit does ensue. 4. City Council change(s)to Commission recommendation. a. None Page 10 Page 203 Item#12. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W.Explore Drive, Suite 150•Boise, Idaho 83713 SURVEYING (208)385-0636 a] Fax(208)385-O696 Project No.:4743 Date:December 22, 2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho,in Book 58 at Page 5482,as shown on record of survey No.7 83 7,as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No- 107033607,lying in the NW 114 of Section 29,TAN., R.1E..&M-,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap,bears North 00°01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29.which is also the North boundary of Vienna Woods No-2 Subdivision North 89'35'30"East 664.68 feet to the Southwest corner of said Lot 26,marked by a 518"iron pin, said point marking the POINT OF BEGINNING,thence along the West boundary line of said Lot 26 North 00'03'17"West 331,00 feet to the Northwest corner of said Lot 26.marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379.11 feet to a 518"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26-.thence along said South boundary South 89°35'30"West 379.24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres, more or less. LANb , 3 4 rI o ;7J Page 11 Page 204 Item#12. DRMY39 -10 StS'd9 cs O 19'90Z M.9E.10.00 N O `� OVOa 3AON9 isnOo-1 HIaoN z N �Q 117, z z Mo 8 ? m a m x �( w VJm iANPL.Ai iED �=C7 B o — — .00 m 'IE£ M.LI1EU.00 N a v ------ ------- 2�m �► ------ I r---------- - o ? A I I n flo C I a LJ f azQ m fi I C X N.C14ORIN p� FT,RYENU5 I ��Yff��7 ,-i q II - s _. II II 1 I ----------IC N f5 00'09'37'E 33[.6.0'--'� iN l o I1rO - ff b--------. .. .- -- -- --------- ----__--------- I- GARDENµ � I m N i EnSYWG HD1155ol r13, N Rio 'c A t; 4---------b - o C4 C ixnOo AaooMNna Isv3 4y I II a Page 12 Page 205 Item#12. TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208)385-0636 Fax(208)385-0696 Project No..4743 Date:January 6,2021 ZONE R-2 DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision, as filed for record in the office of Ada County Recorder, Boise, Idaho, in Book 58 at Page 5482, as shown on record of survey No. 7637, as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No. 107033607, lying in the NW 114 of Section 29,TAN., R.1E., B.M.,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap, bears North 00.01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No. 2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 26.marked by a 518"iron pin.said point marking the POINT OF BEGINNING:thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89°35'30"East 379.11 feet to a 518"iron pin; thence leaving said North boundary South 00°04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26:thence along said South boundary South 89.35'30"West 379,24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. LAAb 34:z 4 Page 13 Page 206 Item#12. DNI'dV30 .10 SISVO w O 19 959Z Ai.9E,10.00 N O `� Ovaa 3AOn isnon HiZION a r D oz N � � co Z g19 M m 00,IEE•AV.D.E0.00 N ------------- --- c C. V a�� m C Z N tln a: Q O po cn N.CHQPIN�''� �i •�;� C AVENl1E {' - 0"• w. 'n 70 II II 0 04'37'E 391.0.p' �f� I --- - .. ________-_ __ __ ____________ ___- ---__-__-__- __ --1 F- ._.___ GARDEN I I�'i � 1 I L._.� m N E7631M.NOOSE I I I o ci'o { ii { �H E; �; ICI PR OF lir- -o----------o---- a W —i p ianoo AGOOANna zsd3 0 O n "IyR RI N I� ---- , 40 m — L w Z I JCS n 0 Page 14 Page 207 Item#12. B. Preliminary Plat(dated: 12/17/2020) NOT APPROVED 6JHN1700 SIB , 9COK 59 PAGE 5A62 I Mu a,E eEvx-o1F COWM TO o'sm. NRl_AE f]R[I61eM-_-. _ 1 r r.To ww I 1 I I ti J ao __ r_________—__—_S- c r7.71' p + 7 ' Y O f ;eI ,� rti�cseo 9EFPICE 3 I I �� l �I UwLq m " E I 1F7K.w I I 1 o 6n 11 P41 li I, 5f P 1 1 4 I L--- �vol 2 ------- )y' w5r ul # --------- -s I .__...•'� 9�1 I I h u1 VICH xF.L'.i`~ is p P _ WOK M MW I I I Pncvasm•cr-Irt,-. � I 4l. l _rllur sunoK I I `+. .. _ _____ __ ggg•35'30"4! 1d14.1i? CE111ER 0150—>9 1� ill IIIIECT 10 F1u S71WG ill-TIN L ern NG !'E[NQ I1.11 d 0'w51EF lNE. ... p Will W00L15 SURL NO.i 500K 67 PAGE Big" x Page 15 Page 208 Item#12. .._._,_...__...._.. wo'ttuu arry.. imq A..4 GBbL998I88L13NOHd rseeao„vo�eanvu woos iasv� �, �'o LS H1L4'N BOfL n = .%NI.(3ALn5 E a30lIW"3bH0�w vnlo.7vamonais oseu iIVIdshoi A21tlNIW1sms "'"" - a m N01SI109f1S Nf121 S3�aWtl -a NI`Sa 33N1:JN3 .�. NOISIAIaBf1S Nf1TJ 53181Ntl SB LVIOOSSV'B 1-LIAV31 JFjfa• �I� si g s gals � � j- I za aF y l zl a I� sls I- �,s 5 �2 '� �A i E a I,' �I� s -1 15 �I ' .. I�� + I® .lac III I+ No e14t - �� al+il�sisI�� II } igie _I _ - " -. Im, ILI e4 ?lals� gj�!I, q 'Ixl I �I I�iI w � h as A } ILL- cn cn a :a \ h�-i A�• s � III ��y�� a I I �p Ca U C] °I I g6 C/] W a� J _ _� U v, j Ircn W F RPIt fi i 8 � a �il i N� � � I i o ------------- ---------- II E qq �£ pp ,00 IK MuLI,[O.di g .Ste` Fey C E G;A 5 e a R� E S Page 16 Page 209 Item#12. C. Landscape Plans(date: 12/18/2020)NOT APPROVED 2 ARA PQ I PQ A I QfRu Q 7;z 64 Yit a fi I ANA 2; 'Mis A A L----------------------—----------- ------------ ------------ ------------------------ "M. mot'_r' Volvo IE d. P is 49 Page 17 EEI Item#12. BLOCK I W/W& rUNWOODY SUBDIVISION LOT 2 --------------- -------- -- f 4,% j o rj� il - Z -45 go 09 ---------- -"SW L.f,--T VlErl[,A WOODS DS SJE LOT 15 LCT '7 LOT I rI 1lE1..1 liwpcas ZURE). NQ. L:)CK "IE,— w0cos BLOCK 51 SD- No. 2 Page 18 Item#12. D. Conceptual Building Elevation r r+Y�i 7 4 � VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan, and conceptual building elevation included in Section VII and the provisions contained herein. Page 19 Page 212 Item#12. 2. The preliminary plat included in Section VII.B, dated December 17,2020, shall be revised as follows with the final plat submittal: a. Revise the plat to show an additional stub stfeet ffem Chapin Avet+ue to the weste baundar-y alengthe tic fthem pivPeFtlineEAer-difiate with A D en the�,;'1b�C t of the sttib stfeet seetion fight of way. b. Revise the plat to show 10-foot wide parkways with 5-foot wide detached sidewalks consistent with UDC 11-3A-17 and Staff s recommended changes. 3. The landscape plan included in Section VII.D, dated November 18,2020, shall be revised as follows with the final plat submittal: a. Devise the..la to show the revised..W layout per- nd tions above. b. Revise the plan to show 10-foot wide parkways. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 9. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2) obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.3 The geotechnical investigative report prepared by Atlas Technical Consultants,LLC dated December 10,2020,indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils,and that surface runoff and subsurface seepage does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three Page 20 Page 213 Item#12. feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a Page 21 Page 214 Item#12. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT Page 22 Page 215 Item#12. https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=219178&dbid=0&r0o=MeridianC ky D. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=219200&dbid=0&r0o=MeridianC Lty E. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=220963&dbid=0&r0o=MeridianC ky F. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=219133&dbid=0&r0o=MeridianC ity G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=220007&dbid=0&r0o=MeridianC iv H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=220032&dbid=0&r0o=MeridianC iv I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=220252&dbid=0&r0o=MeridianC iv 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; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-2 zoning district and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development will contribute to the range of housing opportunities available within the City and within this area, consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page 23 Page 216 Item#12. 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 Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 24 Page 217 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Movado Mixed Use (H-2020-0123) by FlexSpace, LLC, Located on the South Side of E. Overland Rd. Between S. Eagle Road and S. Cloverdale Rd. Page 218 Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION&ORDER In the Matter of the Request for Conditional Use Permit for a multi-family development consisting of 60 attached units(50 units on 4225 E. Overland Rd. and 10 units on Parcel S1121121011) on 6.8 acres of land in the C-G zoning district; and a Development Agreement Modification to modify the concept plan approved with the existing agreements(Inst.#2017-012608& #2018-012456)to include a mix of multi-family and commercial uses on the remaining 6.8 acres of the Movado development,by FlexSpace,LLC. Case No(s).H-2020-0123 For the City Council Hearing Date of. April 20,2021 (Findings on May 4,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 20,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 20, 2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 20, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 20,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) - I - Page 219 Item#13. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 20,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Conditional Use Permit and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 20,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -2- Page 220 Item#13. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of April 20,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -3- Page 221 Item#13. By action of the City Council at its regular meeting held on the 4th day of May 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-4-2021 Attest: Chris Johnson 5-4-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-4-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -4- Page 222 Item#13. Exhibit A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING April 20,2021 Legend DATE: ItEutProject Location , TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0123 Movado Mixed-Use ' } LOCATION: Generally located on the south side of E. - - j Overland Road between S. Eagle Road ,f and S. Cloverdale Road,in a portion of A �® the NW '/4 of the NE '/4 of Section 21, _ Township 3N.,Range IE. I. PROJECT DESCRIPTION The Applicant has submitted requests for the following: • Conditional Use Permit for a multi-family development consisting of 6660 attached units(3650 units on 4225 E. Overland Rd. and 10 units on Parcel S1121121011) on 6.8 acres of land in the C-G zoning district; and • Development Agreement Modification to modify the concept plan approved with the existing agreements (Inst. #2017-012608 &#2018-012456)to include a mix of multi-family and commercial uses on the remaining 6.8 acres of the Movado development,by F1exSpace,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.8 acres(C-G zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential and future Commercial Lots(#and type;bldg./common) 2 existing commercial building lots—properties have not been final platted yet Phasing Plan(#of phases) Proposed as one phase for the residential;commercial is future. Number of Residential Units(type 606 multi-family units—proposed as 8-plex and 6-nlex, of units) attached townhome style Density(gross&net) Gross—9-.6-78.82 du/ac.;Net—17.24 du/ac. Page 1 Page 223 Item#13. Description Details Page Open Space(acres,total 19,561 square feet of qualified common open space [%]/buffer/qualified) proposed(approximately 6.6%)—collector street buffers are not part of proposed open space but part of previous Movado Greens development. A& 7,573 square feet of private open space proposed. Amenities Three(3)amenities are proposed—Enclosed bicycle storage,plaza with BBQ&firepit,and a coffee kiosk. Further Staff analysis is below in Section V. Physical Features(waterways, N/A hazards,flood plain,hillside) =is,= Neighborhood meeting date;#of 2 meetings: October 7,2020(11 attendees)&October 8, attendees: 2020(5 attendees) History(previous approvals) Part of Movado Estates AZ,PP,PS(H-2016-0112); Movado Greens/Silverstone Apartments MCU,MDA,PP, RZ(H-2017-0104); Silverstone Apartments MDA(H- 2019-0099)&Silverstone Apartments MCU(H-2019- 0014)that were withdrawn;DA Inst.#'s 2017-012608& #2018-012456. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via driveway connections to both sides of Hwy/Local)(Existing and S.Movado Way,a collector street.Driveway will be an Proposed) extension of driveway stub along western property line. Stub Street/Interconnectivity/Cross Internal access is via shared driveways for both the Access commercial and multi-family developments;part of this is from an existing driveway stub from the west(Silverstone Apartments). Applicant is proposing to stub a driveway access near the southeast corner of the site to the east property line for connectivity of a project within the City of Boise. Existing Road Network Movado Way is an existing collector street;Overland Road is an existing arterial street. Existing Arterial Sidewalks/ The landscape buffers and arterial sidewalks along E. Buffers Overland Road are existing and were constructed with previous approvals.However,an older curb cut along Overland was not closed with curb,gutter,and sidewalk— this should be corrected with this application. Proposed Road Improvements No road improvements are proposed as Movado Way is already existing and at its full width.Additional on-site driveways will be constructed as access for the commercial and multi-family portions of the site. Distance to nearest City Park(+ Fire Station#4 Park is closest public park as seen on GIS— size) 0.4 acres in size and approximately 1.7 miles away. Movado Subdivision has two larger open space areas,as well as other smaller open s ace areas. Fire Service • Distance to Fire Station Approximately 1.7 miles from Fire Station#4 Page 2 Page 224 Item#13. Description Details Page • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Risk Identification Risk Factor 3—Commercial • Concerns The fire department is concerned there is nowhere for visitors to the apartments to park on the west side of the project.Fire lanes may be blocked which would become an issue. Police Service No comments West Ada School District Estimated school age children 4 to Pepper Ridge Elementary generated by this development 2 to Lewis&Clark MS elem,ms,hs 3 to Mountain View HS Capacity of Schools Pepper Ridge Elementary—675 students Lewis&Clark MS— 1,000 students Mountain View HS—2,175 students #of Students Enrolled(Spring Pepper Ridge Elementary—576 students '20 enrollment) Lewis&Clark MS— 1,071 students Mountain View HS—2,237 students Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.07 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns -Additional 4,272 gpd committed to model •No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches,lightpoles,etc.) can be built within the utility easement. •Not clear as to how the commercial/office building in the northeast corner will be serviced. Water • Distance to Services Directly adjacent • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns •Eliminate water main dead-end at southeast corner of western parcel;possibly run a service line to the building instead. See attached markup. Page 3 Page 225 1 1 1 a f � ' I OVERLAND .f liiiiiiiiin.iii• = - y11R�, °f - w n�IN • �ii �. r nn i �i Brno OVERL--AND _ q �_IIIIIIIIIIIIIII nnlmninn Illlllllll�r�. _ ■MIlununnnn: _ liiiiiiiiiiiiiii: -1■ � liii�ii�.-n �I/�� ■ _ N `4 jll 1' .1-1 pill -IIII � -IIIII • � �`� 111� 111� ==nuum '� ■ ■ 7��uuum� �� -lnunr��1 � I■t �-Ilnum=��q 1 • 11 1. so- 11 Item#13. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 2/12/2021 4/9/2021 Radius notification mailed to properties within 500 feet 2/9/2021 4/6/2021 Public hearing notice sign posted 2/22/2021 4/9/2021 on site Nextdoor posting 2/9/2021 4/6/2021 V. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreements(Inst. #2017-012608 &#2018-012456), is requested for the purpose of including a new development plan for this area of the Movado Greens development to consist of both commercial and residential uses instead of solely commercial. The existing DA provisions are still applicable as they were mostly related to the larger Movado development overall. The existing DA includes a concept plan for this area from 2017 when the property received DA Modification approval to change the number and layout of apartment units along Overland,now known as the Silverstone Apartments. The existing concept plan depicts a number of office,retail, and general commercial buildings. This concept plan was intended to maintain a commercial presence within this area of the Mixed-use Regional designation despite being removed from the main commercial area at the intersection of Eagle and Overland. The Applicant believes the existing concept plan for this area of the agreement is not feasible with that amount of commercial square footage being separated from the Eagle/Overland area by residential and is too far east in general to accommodate 56,000 square feet of commercial space. Therefore,the Applicant is proposing a new concept plan depicting three commercial pad sites and 66 multi-family dwellings in the form of townhome style dwellings. The commercial is now proposed at approximately 27,500 square feet and is shown along Overland to increase the visibility. hi the western half of the site, it is separated from 56 units of the multi-family residential by a shared drive aisle that is the access to the public street network for both proposed uses and connects to the west to the Silverstone Apartments site. In the eastern half of the site,the Applicant also shows the commercial building along Overland road for visibility with the remaining area of the lot as parking until the remaining 10 multi-family townhome units are proposed in a small sliver of remaining land in the very southeast of the project. Revising the development plan for this last remaining portion of the Movado Estates development is doable if done so with the right changes in mind. Staff believes that what the Applicant has presented does not fully touch on what a mixed-use development can provide, especially in terms of creating a sense of place and providing more pedestrian focus. Staff recommends some revisions to the site plan to improve the integration of uses and to better create a sense of place in this portion of the Movado development overall. into one Wilding; widen the ne4hemmest drive aisle a-ad inehide street tfees while r-emoving all par-kin that baeks into the driving!a-ae; a-ad, iaeer-per-a4e a shared pla-za between the eemmer-eial a-ad residential. Applieafft should eenselidate these buildings into one stfuetwe that is two stories in height in order-to beffer-utilize tLe 4ad area available. ha addition, eenstpaeting a two story stpaetufe ean hold the eoi%e Page 5 Page 227 Item#13. pr-qjeet. Staff finds it appr-epr-ia4e th4 the Appliea-PA deeide the most appropriate size of this twe ste building but believes it should be at leas! 10,000 s"ar-e feet tetal whieh f:equir-es a miniffmm In addition,to ensure adequate site circulation and pedestrian safety in perpetuity, staff is recommending a new DA provision that no drive-through use is permitted on this site. If one were to be proposed, Staff does not foresee the site adequately containing the stacking lane for a busy drive-through which could seriously harbor the function of the drive aisles and reduce pedestrian safety. Furthermore,the allowed uses for the commercial within this project should be office,retail,personal and professional services,restaurant, and daycare uses to aid in the integration and compatibility between the commercial and residential uses within the project. remove the need for-twe building pad sites and allow for-an afea th4 ean be shared between the eemmer-eial and the mull: f nily*,,,:,,.h,mes There are multiple ways to design this that can incorporate a shared plaza and create a better sense of place in this mixed-use area. Staff has some specific recommendations but final design will largely be up to the Applicant. At a minimum,the Applicant should incorporate a pedestrian crossing from the multi-family units to the new shared plaza within the commercial area. This can be located somewhat centrally on the site with parking on either side,east and west, of a more modern two-story commercial building along Overland that frames the plaza, creating a true sense of place between the two uses. The Applicant could also construct the two story building in the location of the central commercial building(southwest corner of Overland and Movado Way) as shown on the proposed site plan and have the shared plaza and parking to the west of the building. Staff can see these two options as more than feasible but,as already discussed,the format of how this area is redesigned should be up to the Applicant;the Applicant should aim to create a sense of place and provide for an area that is shared in order to meet the intent of the mixed-use policies. The final pieee ef this revision r-elmes to the design of the shared drive aisle.With the removal of paf-kifig spaees alefig the drive aisle,t4ie di4ve aisle ean be widened to aeeeR*noda4e detaehed sidewalks a-ad street trees lining both sides of the drive aisle to er-ea4e a sheA beti4evafd. Aefess this beulevaM is where the new pedestrian pa4hway should be eeastt=ueted;the er-essing shettid be eeas4ueted with diMr-en4 m4er-ial than that of the d4ving suffaee(i.e. stamped eenefete,paver-s, or-similaf)!E) elear4y delifteate the pedestfian pa4h be�ween the residential a-ad eemmer-eial.An additional eption for-this dr-ive aisle weti4d be te ifiehide parallel parking spots with detaehed sidewalks a-ad appr-epr-iate!andseapia (stfeet tfees ir-emen4 but ead With Staff s recommended revisions and the Applicant's revisions, Staff supports the Development Agreement Modification request. COMPREHENSIVE PLAN(https:llwww.meridianciU.or /�compplan): This property is designated MU-R(Mixed Use—Regional)on the Future Land Use Map(FLUM). Land Use: The MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example,an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. Page 6 Page 228 Item#13. In general, the proposed uses of multi family dwellings and commercial are listed as allowed uses within the MU-R designated areas. More specific comprehensive plan policy analysis is below.As currently designed staff believes the project presents some issues for safe pedestrian connectivity and lacks a true integration of uses through the site. Staff believes the site layout can be modified to improve these issues with the uses proposed. Staffs recommended changes are outlined in the above section as well as throughout the staff report. Furthermore, the Applicant presented a thorough case for this area of the MU-R designation to lack true viability as a premier location for commercial uses due to its location being more than a half mile from the Eagle/Overland intersection, the central hub of this MU-R area. Some commercial should remain on these parcels but Staff agrees with the Applicant that the proposed amount with the incorporation of townhome style multi family is adequate to meet a majority of the mixed-use policies if better integration of uses is done as outlined above by staff above. Transportation: Access is proposed via driveways that connect to S. Movado Way,the existing collector street that bisects the project. The driveway within the northwest section of the project will connect to the driveway stub from the Silverstone Apartments directly to the west. This driveway acts as a border between the proposed commercial buildings and multi-family townhomes and shows parking backing into the driveway.As discussed, Staff finds this driveway can be better designed in order to provide for safer pedestrian connectivity through the site and provide more integration of the uses.For example,the recommended changes to incorporate a boulevard and added pedestrian crossings in this area of the site. South of this driveway are the drive aisles for the multi-family townhomes with the required parking located on both sides. The southeast portion of this area contains a segment of drive aisle that is over 150 feet in length which requires a fire turnaround. Instead, Staff recommends this segment be reduced in length to not require a turnaround; a few parking spaces in this area may need to be removed to accommodate this. The east side of the development proposes an additional commercial building as well as ten(10)more multi-family units with driveway accesses to Movado Way in alignment with the rest of the site. The submitted site plan shows more than the minimum parking required and drive aisles that meet UDC and Fire Department requirements for the commercial portion of the east site. The proposed dwellings at the very southeast corner of the project are placed with minimal room to spare surrounding the buildings but do appear to show compliance with dimensional standards. According to ACHD,the proposed driveway connections meet their district offset policies by being 220 feet from the intersection of Movado Way and Overland Road. However,these two northernmost proposed driveways will not meet offset requirements should the Overland and Movado intersection ever be signalized. In this case these accesses would be limited to right-in/right-out accesses only. The Applicant is aware of this potential and still proposed the driveways at their current locations. Therefore, Staff does not find it necessary to recommend different locations but will instead note compliance with ACHD conditions of approval and their policies. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /comp-plan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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 multi family dwellings are shown as townhome style units and would be a new type of multi family dwelling in this immediate area and add to the available housing diversity within the Page 7 Page 229 Item#13. Movado development. In addition, all of the units are proposed at 2-bedroom units which would offer future residents rental opportunities at a lower price than three bedroom homes. • "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 services are 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) Traditional three-story, garden-style apartments are currently under construction directly to the west of the subject site which makes the proposed two-story townhome style apartments a new type of multi family housing in this area. The proposed residential is also a different type than the single- family proposed directly south and further into the Movado development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Mixed-use areas require integration of uses that are not always precisely compatible but through thoughtful site design, conflicts can be minimized. With Staff's recommended changes, the proposed development offers better integration, N �niet y u 4'ng Mat baekiq in drive and better HtiUe, the land area. The drive aisle with the revisions recommended by Staff acts as both a buffer and a point of integration between the commercial and multi family residential on the property. The required setbacks between the subject property and the apartments to the west should offer an adequate transition and screening between more intensive residential buildings and the townhome style units proposed with this development. • "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 by continuing existing stubs where available. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The subject site is already annexed but currently undeveloped; it is one of the last areas of the Movado development to be developed. Because everything to the south is mostly developed and the site abuts a major arterial and entryway corridor,public services are readily available for this site despite being on the outer edge of City limits. • "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 is required to be provided with development as proposed.However, an existing driveway cut was not closed with curb, gutter, and sidewalk along Overland as required with previous approvals. The previous requirement to comply with this will be carried over into this project. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the Area of City Impact."(6.01.03B) Page 8 Page 230 Item#13. The Applicant is utilizing an existing collector street as the access for the proposed development. No new public roads are required or proposed with this application. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) The proposed parcels are already annexed with commercial zoning but are not yet developed.As noted, these parcels are likely to not develop with the intended uses of only commercial when so far removed from the main MU-R center further to the west. Despite abutting the edge of City limits, City services are readily available. Furthermore, developing these parcels will allow for the entrance to the City of Meridian from the east along Overland Road to be enhanced with commercial and transitional residential. • "Monitor and adjust the amount and mix of industrial, commercial,and office areas needed to meet the employment needs of the City."(3.06.0113) The Applicant's proposal removes some commercial square footage from what is currently approved in the Movado Greens DA.According to the Applicant, the subject parcels are too far removed from the intersection of Eagle/Overland to directly compete with the already undeveloped Silverstone commercial area further to the west. Staff agrees that reducing the amount of commercial on this site to accommodate more neighborhood or community serving commercial uses rather than regional uses is prudent based on existing development patterns and size of the property. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes both multi family residential and commercial pad sites. At a minimum, the development should provide two land uses immediately. With more than one commercial building, it is very feasible that at least three land uses will be provided. However, Staff does not find it necessary to require at least three land uses on the subject site due to its relatively small size (6.8 acres) in relation to the much larger parcels located further west and also in the MU- R designation. The proposed development meets this goal. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The Applicant is proposing multi family residential at a gross density of 9.67 units/acre which falls within the medium-high density residential range were the project to be located in that designation. In addition, the subject parcels have easy access to a new collector street that connects to Overland Road, an arterial; Overland provides access east and west from the site to major employment centers in Meridian and Boise. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request,a development agreement will typically be required for developments with a Mixed- Use designation." An overall development plan is currently in place for the subject parcels and are currently approved as solely commercial sites. The Applicant is requesting to modify this plan to include multi family residential with the commercial uses proposed along Overland Road. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." Page 9 Page 231 Item#13. Staff is recommending revisions to the site plan that will help meet this comprehensive plan policy including to provide fora shared plaza between the multi family and this commercial. With these changes, the project will meet this policy. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The proposed plan depicts two-story, multi family residential as a transition from a busy arterial and commercial buildings to existing single-family homes directly to the south. The single-family development to the south would also have landscaping between their backyards and the proposed multi family residential. Many of these single-family homes abutting the subject site are attached products which makes the townhome style multi family an adequate transition to commercial uses. • "Community-serving facilities such as hospitals, clinics, churches, schools,parks,daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments." The proposed project is not a larger mixed-use development; therefore, strict adherence to this policy is not feasible. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count." Staff is recommending revisions commensurate with this policy in order to provide for a shared plaza between uses that are not outdoor seating areas for restaurants. Future commercial uses are not yet known so the Applicant is not proposing this as an option at this point. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." As discussed earlier in the report, the subject parcels are small areas of undeveloped land within the MU-R designation and are separated from larger MU-R parcels further to the west by existing residential. These factors do not make it feasible for strict adherence to this policy. However, Staff has recommended revisions to the site plan in order to help meet other mixed-use policies that will, in-turn, move the project closer to compliance with this policy. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed development will be directly accessible to adjacent neighborhoods through extension of sidewalks from the existing network into the site. Staff believes better integration could occur if the concept plan is revised to reduce the commercial footprint and increase the shared area between the uses. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." There are no alleys proposed in this development but the drive aisles within the proposed development act as a transition between the proposed residential and commercial areas as desired. Staff's recommended changes would further create this transition as described in more detail earlier in the report. • "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. Page 10 Page 232 Item#13. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan: • "Developments should comply with the general guidelines for development in all Mixed-Use areas." See analysis above. • "Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre." The proposed development meets this policy by providing more than 10%as residential and with a gross density of nearly 10 units/acre. • "There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses." Staff is recommending that the non-retail commercial uses on this site be limited in order to ensure compatible uses are proposed in the future. Because of the relatively small size of this mixed-use site, this policy is better adhered to further to the west in the Silverstone or Rackham commercial developments. • "Retail commercial uses should comprise a maximum of 50%of the development area." Future commercial uses are not yet known at this time. However, Staff's proposed use restrictions may provide for more than 50%of the commercial area to be retail. It is more likely that office uses or a daycare may end up within the proposed commercial are due to their proximity to multi family residential. Staff will analyze this policy with future Certificate of Zoning Compliance applications. Based on the analysis above, Staff finds the proposed plan is generally consistent with the vision of the Comprehensive Plan for this area in regard to land use, density and transportation. Several different land-uses should exist within the future commercial area of the site and Staffs recommended changes should increase the development's consistency with the comprehensive plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-27): The proposed multi-family development consists of 66 units with 56 on the western parcel and 10 units on the eastern parcel. The proposed use of multi-family residential is subject to conditional use permit approval by the Planning and Zoning Commission within the existing C-G zoning district and subject to specific use standards outlined in UDC 11-4-3-27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, Page 11 Page 233 Item#13. entrances,porches and patios, and how they impact adjacent properties.Proposed project shall comply with this requirement. 2. All on-site service areas,outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible from the drive aisles; all proposed transformer/utility vaults shall also comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.According to the submitted open space exhibit, the apartments are proposed with approximately 135 square feet of private open space in the form of private patios and decks for each unit, commensurate with traditional garden style apartment buildings. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See analysis in staff report below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements except for the property management office; it is unclear where this office is located on-site. Where it is not clear on the submitted plans, the Applicant shall comply with these requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200)square feet of living area. Page 12 Page 234 Item#13. Each unit contains less than 1,200 square feet of living area therefore, 250 square feet of common open space is required per unit in accord with the requirements above. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement. The Applicant has proposed 19,561 square feet of qualified open space while needing to provide a minimum of 16,500 square feet of common open space;the proposed open space exceeds the minimum requirements.In addition to the areas shown on the open space exhibit, there is an area north of the ten units in the very southeast corner of the project that abuts Movado Way that is also qualifying. This area is approximately 2,000 square feet in area which increases the qualified open space further but the exhibit does not show this. Because these ten units are part of the CUP request, the open space exhibit should also include those units and show how they are meeting the private open space requirements as well as show any other qualifying common open space. The proposed open space consists of a buffer between the multi family residential and the existing residential to the south, a mew between two of the 8 plex buildings, a plaza area along Movado Way that contains the amenities, and other small areas that meet the minimum dimensional standards. Despite the proposed open space exceeding the minimum required by code, the only area large enough for a more active open space is the green space to the south of the plaza area that abuts Movado Way and is approximately 3,000 square feet in area.Because of this, the recommended revisions to the site design are even more important because there would be another area where residents could sit and safely enjoy their development despite not counting towards the open space. Furthermore, the developer of the subject parcels is the same as those for the rest of Movado Estates and Movado Greens directly south of the proposed development.It can be assumed these residents will have the opportunity to utilize the existing pedestrian network to access the larger open spaces within those developments. The Applicant should verify this at the Commission hearing. Overall, the proposed open space meets these specific use standards and Staff finds the proposed open space is adequate, especially with Staffs recommended changes. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family portion of the project is proposed to be developed in one (1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009). The required buffer along S. Movado Way, a collector street, is not shown as qualified open space on the submitted open space exhibit. However, a central open space area is proposed adjacent to Movado Way and is separated from the street by an existing buffer and fencing. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2)Fitness facilities. Page 13 Page 235 Item#13. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1)Open grassy area of at least fifty by one hundred feet(50 x 100') in size. (2) Community garden. (3)Ponds or water features. (4)Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3)Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two (2) amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three(3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 66 proposed units a minimum of three(3)amenities are required. The Applicant has proposed 3 amenities, one from each category as required by code. The Applicant has proposed an enclosed bike storage area,a plaza, and a coffee kiosk.A coffee kiosk is not an option listed above in the Recreation category but subsection D.3 allows the decision-making body to authorize alternative options if they provide a similar level of amenity.If the Applicant can provide more detail in how the coffee kiosk will be operated as an amenity for this development,Staff finds it to be an adequate substitute.If the Commission finds this not to be true, an additional qualifying amenity should be added to meet these specific use standards. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2.All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. Page 14 Page 236 Item#13. c. Ground cover plants shall be planted in the remainder of the landscaped area. The submitted landscape plan appears to meet these specific use standard landscape requirements and shall be further verified at the time of CZC submittal(see Exhibit VII.D). Existing Structures/Site Improvements: There are no existing structures on site except for a vinyl privacy fence along Overland Road. S.Movado Way is a collector street that the Applicant was required to construct with previous approvals for Movado Estates and Movado Greens developments.All other site improvements would occur with these approvals. Dimensional Standards(UDC 11-2): The proposed development and future commercial buildings are required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Submitted plans appear to show compliance with all dimensional standards except for the 10 units in the very southeast corner of the site, across from E. Vacheron Street. These units are also proposed as 2-bedroom units with tucked under 2-car garages facing east, meeting the minimum parking requirement for each unit. Submitted site plans appear to meet all UDC and specific use requirements. Access(UDC 11-3A-31: Access was discussed heavily in the transportation section of the comprehensive plan analysis section earlier in the report. For the benefit of this report a quick summary of the proposed access is also in this section and also includes analysis on the accesses proposed for the ten units in the southeast corner of the site across from E.Vacheron. Access for all sections of the development are proposed via driveway connections to Movado Way,the existing collector street;no units have direct vehicular access to Movado Way but do have easy pedestrian access. Staff is recommending some changes to the northernmost drive aisle in the northwest section of the development to increase pedestrian safety and create a better sense of place within the development. As noted in the previous dimensional standards section,the drive aisle access for the ten units in the SEC of the site does not show the required 5 feet of landscaping along the eastern property boundary. The driveway access for these units to Movado Way aligns with Vacheron Street and should be stubbed to the eastern property line in order to provide for cross-access to the adjacent parcel to the east that is in the City of Boise. This parcel has recently received approval from the City of Boise for a commercial and self-service storage development; cross-access to this development is already part of the existing DA in order to minimize direct access to Overland. Road Improvements: The Applicant is required to close any existing curb-cuts along Overland and/or Movado Way that are not proposed to be used. This includes the large curb cut along Overland that was required to be closed with previous approvals. In order to ensure this curb-cut is finally closed, Staff is recommending a condition of approval that no certificate of occupancy for the multi-family be issued until all curb-cuts are closed in line with ACHD requirements. Sidewalks (UDC 11-3A-17): All sidewalks adjacent to all public streets are already constructed as set forth in UDC 11-3A-17 except for the section noted above that requires the Applicant to close an old curb-cut. All other proposed sidewalks are adjacent to the multi-family residential buildings and shown adjacent to the future commercial structures. The pedestrian circulation that is a part of this project will be different should the Commission agree with Staff s recommended changes for the northernmost drive aisle in the northwest section of the site. Page 15 Page 237 Item#13. With Staffs recommended changes, the northernmost drive aisle would have detached sidewalks on both the north and south side of the drive aisle with ample room for additional trees. This change would create a short segment of boulevard between the residential and commercial components of the site but is both a better transition and area of integration than currently proposed, especially when the addition of a shard plaza is incorporated north of this drive aisle. In addition to the recommended detached sidewalks in this area, Staff is recommending at least one pedestrian crossing between the multi family townhomes and the commercial/plaza area that is clearly delineated from the driving surface by being constructed as either brick pavers, stamped concrete, or similar. These crossings should be clearly shown on the revised plans. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Tables 11-2B-3 for the C-G zoning district, and planted in accord with the standards listed in UDC 11-3B-7C. The Overland and Movado Way street buffers are existing and are shown to remain intact during development. As discussed in the specific use standards section earlier in the report,the submitted landscape plans appear to show compliance with all other landscaping requirements for multi-family developments including vegetative ground cover and the correct number of trees. A 25-foot landscape buffer on the south side of the C-G zoning is required adjacent to the R-15 zoning district to the south. This buffer appears to be shown on the submitted plans and includes additional landscaping to help minimize any conflicts of the different residential types. Fencing(UDC 11-3A-6, I1-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid vinyl fence is proposed to remain along all property boundaries. It appears the existing fencing along Overland is to be removed but the buffer landscaping material will remain. All proposed fencing meets UDC requirements. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage is proposed to be mitigated by underground seepage beds and/or retention ponds in accord with ACHD design criteria. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the 56 units on the western parcel; no elevations have been submitted for the future commercial structures or the ten units in the southeast corner of the development. The Applicant should provide conceptual elevations prior to the Commission meeting. All non-residential and multi-family structures require Administrative Design Review prior to obtaining building permits. At the time of those submittals, Staff will analyze conformance with the Architectural Standards Manual.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review for this entire development and each commercial structure. The elevations submitted for the 56 units on the western parcel show two-story structures with varying roofprofiles along the rooflines and mostly lap-siding exteriors. No color elevations were submitted so materials and color palettes cannot be analyzed. However, Staff will analyze all elevations for compliance with the Architectural Standards Manual at the time of Design Review submittal. Furthermore, Staff is recommending a condition of approval that the same design elements are incorporated in the commercial and multi family development to ensure integration and congruency in design. Page 16 Page 238 Item#13. VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and approval of the requested Conditional Use Permit per the DA provisions and conditions of approval included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on March 4, 2021.At the public hearing,the Commission moved to recommend denial of the subject Development Agreement Modification and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark,Applicant Legal Rep. b. In opposition: Christy Decker,neighbor; Kevin Johnson,neighbor; Clarence Orton, neighbor; James Preuss,neighbor; JoAnn Gormley,neighbor; Dee Dee Toschi, neighbor; Walter Nye,neighbor; Sandi Gottesman,neighbor; Jane Quick,neighbor; Dave Bromley,neighbor;Jan Nye,neighbor; Glenda Conaughey,neighbor; Patricia Preuss,neighbor; Martha McClay,neighbor. c. Commenting: Hethe Clark,Christy Decker, Kevin Johnson, Clarence Orton,James Preuss,JoAnn Gormley,Dee Dee Toschi,Walter Nye, Sandi Gottesman,Jane Quick, Dave Bromley,Jan Nye, Glenda Conaughey,Patricia Preuss, and Martha McClay. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Current Planning Supervisor 2. Key issue(s)of public testimony a. Qualily of the proposed multi-family amenities and lack of area for children to plat b. Concern over no updated traffic study being required as well as the assumed increase of traffic from additional multi-family units; c. Value of adjacent homes being brought down by proposed multi-family development; d. Proximity of proposed two-story buildings to existing sin l�ry homes south of subject site; e. Property was gpproved for Commercial,not more residential; 3. Key issue(s)of discussion by Commission: a. Difficulty of losing commercial area to residential, specifically multi-family residential; b. How does the proposed coffee kiosk amenity work?—intended to be self-serve but stocked by the prope , management; c. Challenge of revising a master-planned community that was approved with a certain amount of commercial in order to incorporate more residential; d. Lack of integration of the proposed residential and commercial; e. Do the proposed changes match the comprehensive plan and offer an adequate amount of commercial and integration with the existingdevelopment evelopment to the south. 4. Commission change(s)to Staff recommendation: a. None—however, staff made revisions based upon discussions prior to the Commission hearing;these are noted by strikethrough and underline changes in the recommended conditions of approval. b. Commission recommended denial for the following reasons: it does not fit the Comprehensive plan,the proximity of the proposed apartments to the existing homes is too close, and that it does not fit with the existing character of the neighborhood. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 17 Page 239 Item#13. C. The Meridian Citv Council heard these items on April 20,2021. At the public hearing,the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. hi favor: Hethe Clark,Applicant Attorney: Mark Bottles.Broker. b. In opposition: Gary Dudlicek,neighbor: Jane Quick,neighbor: Carol Ogburn.nei hg JoAnn Gormley,neighbor:Jim Price.neighbor:Jan Nye,neighbor: Glenda McConaughev.neighbor: Patricia Price.neighbor: Martha McClay.neighbor:Vera Jo Bustos,neighbor: Dee Dee Toschi,neighbor: Dave Rognlie,nei bor- c. Commenting: Hethe Clark: Jim Conger,Developer: Mark Bottles:Kristy Inselman, ACHD: Gary Dudlicek: Jane Quick: Carol Ogburn:JoAnn Gormley: Jim Price: Jan Nye: Glend McConaughe Patrici Price: Martha McCla Vera Jo Bustos: Dee Dee Toschi: Dave Rognlie. d. Written testimony: 14 pieces— 13 against. 1 in favor: Those against note the same issues as discussed at the previous Commission meeting. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Quality and kind of amenities proposed: b. Increase of traffic.no new traffic study required, and what is the trigger for the C. Movado/Overland intersection to be signalized: d. Buffer width and vegetation density between proposed product type and existing single- story duplexes to the south: e. How do master planned developments like Movado change their plan after the fact: £ Difficulty of marketing the subject site for the amount of commercial currently proposed in the DA with the larger and more visible Eagle View Landing to the north slowly coming online: 3. Key issue(s)of discussion by City Council: a. Submitted letter from West Ada and the assumed number of children,• b. Issues associated with additional traffic from more residential versus commercial and why was a new traffic study not triggered: C. Quality of the proposed amenities—are the proposed amenities adequate for the proposal: d. Design of the newly proposed single-story townhomes and the overall proposed finishing materials of the proposed product type: e. Height of all proposed structures, especially the newly proposed single-story units along the southern boundary, 4. City Council change(s)to Commission recommendation. a. Include an amenity that is child focused—no specific amenity was listed but Applicant should work with Staff to determine best fit. b. Restrict the units along the southern boundary of parcel S 1121121031 abutting the existing homes in Movado Greens to single-story only. Page 18 Page 240 13 1 � r.•-•ey�3 efi _ ry rpEpE {{II aim in IRO ; - Mol ®■�! �l� gig I Sol! OWN R �{1 ne ae _5 its-iff�!�'•c•:r�� ?' Item#13. B. Site Plan/New Concept Plan(date: 2/26/2021)NOT APPROVED ri --LL'✓ �Yi� - ST EcwAxrcA E5 ExrtcT 5RE II � '�-�� I � � � � - �� I�� :�'• � �AFC,uno��.� �x raa�x�,. .xw gx.�x�,x�c�w��, �„�x xt, � n h 3 ; '.., I I r.Vx nwsrv. a siwsNn�r�,cartn.�l-„s saws Mdo Ina cwuax; Q ❑ � rf a.xx xc aam s s,uis(�rmrxm) ¢ I - � f-•_ "_ _— ___-. u- -- __ ' �-�- J I I cune�uv*u..e mx6e'tc'e' art vnn u,w sxx¢couurncu�w.micr � ❑ y V - �� zxE,xxrs PSII xxx cw,� Page 20 Page 242 Item#13. C. Landscape Plan(dated: 12/09/2020)NOT APPROVED PLANT PALETTE T € m,Fg C- �� "ter � �easevae�ir 19 _ a , o- J AI t w �� z CL CL -..� NOTES z z ° w W Ill n CONCEPT IJ' PLAN Page 22 Page 244 Item#13. D. Qualified Open Space Exhibit(dated: 7/30/2020)NOT APPROVED 0/- 0 _ O I �X l � H i 6�1 Q' x �N a I F� w �s-ir rinn-crrrN tirnc:r J jo 4 d LEGEND ¢o z .AVA,E,�aAa ow o Page 23 Page 245 Item#13. E. Conceptual Building Elevations O nxctn�c �I ANYE P10S,PA. r � 4 � r= F, I JFI, E I rKc�l ELEvquoN � G O O � ,r �w SIDE B ELEVATION SIDE A ELEVAT ON 8O � 2 5 4 3 01 O O O m _ J 0� �® rc - I �� - ,� g rc W r= ow O : U BACK ELEVATION —RIGHT ALL RIGHTS RESERVED THIS DR—NG AND ALL INFO.CONIAINED HEREIN GTHE PROPERTY-11MOTURE DESH NG PLUS PA AND MY NOT BE FEUSEDATTHONT THE NPITTENFERMISSION OFTNEAR-T— Page 24 Page 246 Item#13. [ARCIUTEC]TURE �v m --------- ---- �._ 71 6-Al L75 i x r yoo Q� _T Imo ¢Um�l Z _ _ da ❑ ` o - f ___ LL M w Hm � _ J J❑ 01 - - I OLLJ O� Page 25 Page 247 Item#13. -: ARCIIlTECTURE 1 UESIQNSPLUS,P.A. E ELEVATION _,�.�,NORTH ELEVATION rye.� S I e ; III tl Il; II, 3sOUTN ELEVATION 2WEST ELEVATION X NFW FI(IOR PIAN � U y & W H�h 4 -- -- �--- - Q r y8m _ y z 0 r } J _ _ W � Q Z Q. G EET A,S.� Page 26 Page 248 Item#13. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. Within six(6)months of the City Council granting the subject modification,the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan as shown in Section VII.B; the amended DA shall include the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, landscape plan, and qualified open space exhibits included in Section VII and the provisions contained herein with the following revisions: i. Condense the two eammer-eial buildings en the westem par-eel if4o a singular-two steff st ,.4 ii. Remove the par-king along the aet4hemmest east west drive aisle on the westeffi par- allow for-detaehed sidewalks en both sides with 9 feet wide pafkwa-ys and stfeet tfees; iii. Add a shared plaza to be used by the commercial and multi-family residential within the development located somewhere within the area of the proposed commercial buildings along Overland—conceptual design of this area should be completed by the Applicant and submitted to Planning Staff for review prior to the City Council hearing; iv. Include at least one(1)pedestrian crossing from the multi-family townhomes to the shared plaza and commercial that is clearly delineated from the driving surface by being constructed with brick pavers, stamped concrete, or similar; b. The allowed uses within the future commercial buildings shall be flex-space, office,retail, personal and professional services,restaurant,and daycare uses to aid in the integration and compatibility with the multi-family residential;no drive throughs shall be permitted within this development without obtaining a modification to this agreement. c. No building permits shall be issued for this development until the property has been subdivided in accord with the approved preliminary plat(H-2017-0104). d. The Applicant shall grant cross-access with the adjacent property to the east(Parcel #S 1121110200)located somewhere along the shared eastern property boundary; copy of the agreement shall be provided with the Certificate of Zoning Compliance application. e. The units alone the southern boundary of parcel#S 1121121031 shall be restricted to single-story only Page 27 Page 249 Item#13. Conditional Use Permit(CUP): 2. The Applicant shall adhere to all previous conditions of approval associated with this site(H-2016- 0112&H-2017-0104). 3. With the Ceritificate of Zoning Compliance application,the Applicant shall submit a revised site plan and landscape plan to reflect Staffs recommended layout changes above and the following dimensional standard revisions: i. Revise the drive aisle in the southeast corner of the western parcel to reduce this segment's length to no more than 150 feet. 4. With the Ceritificate of Zoning Compliance as nl ,the Applicant shall submit a revised open space exhibit showing the ten(10)units in the southeast corner of the development and compliance with the multi-family open space standards. 5. Prior to obtaining certificate of occupancy on any building within this development,the Applicant shall close all curb-cuts not being proposed for use along S. Movado Way and E. Overland Road with curb, gutter,and sidewalk commensurate with ACHD requirements. 6. The Appheant shall provide eeneeptual eleveAieas fer-the proposed multi family dwellings leeated in. the very seutheast eemer-ef the site a-ad all een*ner-eial bttildings a4 least ten(10) days prior-to the City r,,, nei he -ing 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 8. An additional amenity shall be added to the site that is geared towards children(i.e. a tot-lot. climbing boulders.etc.l. 9. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approvals for the future commercial buildings prior to submittal for any building permits for the commercial portion of the development. 12. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approvals for the multi-family residential buildings prior to submittal for any building permits for the residential portion of the development. Because the two multi-family developments are separated by S. Movado Way and on separate lots,the applicant shall submit a Design Review application for each lot. 13. Future building elevations of both the commercial and multi-family development shall incorporate similar design elements and finish materials to ensure cohesive project design. 14. The Applicant shall remove the existing privacy fencing along the Overland Road frontage for the commercial portion of the site with development of each commercial site and subsequent Certificate of Zoning Compliance approval. 15. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. Page 28 Page 250 Item#13. 16. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 17. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-513-6F.1; or 2)obtain approval of a time extension as set forth in UDC 11-5B-6F.4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings, carports,trash receptacle walls, fences,infiltration trenches, lightpoles,etc.)can be built within the utility easement. It is unclear as to how the commercial/office building in the northeast corner will be serviced. 1.2 Eliminate water main dead-end at southeast corner of western parcel;possibly run a service line to the building instead. 1.3 A streetlight plan will need to be included in the final plat or building permit application. Streetlight plan requirements are listed in section 6 of the City's Design Standards. Streetlights are required on Overland Road. Streetlights shall be installed and operational prior to any occupancy as required in section 6 of the Meridian Design Standards. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 29 Page 251 Item#13. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 30 Page 252 Item#13. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. POLICE DEPARTMENT https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=222720&dbid=0&repo=MeridianCiU&cr =1 D. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.orglWebLinkIDoeView.aspx?id=223055&dbid=0&repo=MeridianCitX E. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=222773&dbid=0&r0o=MeridianCitX F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=222737&dbid=0&r0o=MeridianCitX G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=218002&dbid=0&r0o=MeridianCitX H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=218955&dbid=0&repo=MeridianCitX IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: The commission shall base its determination on the conditional use permit request upon the following: Page 31 Page 253 Item#13. 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. If all conditions of approval are met, Council finds the submitted site plan shows compliance with all dimensional and development regulations in the C-G zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential, with Staff's recommended revisions, is harmonious with the comprehensive plan designation of Mixed-Use Regional and the requirements of this title when included in the overall project analysis. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses directly to the south, Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant complies with Staffs recommended revisions and maintains all required landscape buffers. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. Council finds the proposed use will be served adequately by essential public facilities and services because all services are readily available. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors. Although traffic is sure to increase in the vicinity with the addition of more residential units, all major roadways adjacent to the site are already at their full width and the development has multiple Page 32 Page 254 Item#13. avenues of accessing the arterial network to the north or to the south. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural,scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30-2005, eff.9-15- 2005) Council is unaware of any natural, scenic, or historic features within the development area, therefore, Council finds the proposed use should not result in damage of any such features. Page 33 Page 255 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2269: A Resolution Authorizing the Fourteenth Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Date Page 256 ADA COUNTY RECORDER Phil McGrane 2021-071652 BOISE IDAHO Pgs=3 NIKOLA OLSON 05/05/2021 10:17 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION NO. 21-2269 BY THE COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE FOURTEENTH CONTINUANCE OF A LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR AN ADDITIONAL THIRTY (30) DAYS; AUTHORIZING THE CONTINUED IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 2019 novel coronavirus (COVID-19)pandemic continues to represent an imminent threat to the life, health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, continues to be in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS,pursuant to the authority granted in Section 46-1011, Idaho Code, the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, on March 17, 2020 the City Council of the City of Meridian passed Resolution 20- 2195 ratifying the Mayor's Declaration and authorizing the continuance of the local disaster emergency declaration for a period of thirty(30) days; and WHEREAS, on April 14, 2020 the City Council of the City of Meridian passed Resolution 20- 2203 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on May 12, 2020 the City Council of the City of Meridian passed Resolution 20- 2210 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on June 9, 2020 the City Council of the City of Meridian passed Resolution 20- 2214 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on July 14, 2020, the City Council of the City of Meridian passed Resolution 20- 2216 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on August 1.1, 2020, the City Council of the City of Meridian passed Resolution 20- 2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 1 Item#14. WHEREAS, on September 8, 2020, the City Council of the City of Meridian passed Resolution 20-2228 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on October 13, 2020, the City Council of the City of Meridian passed Resolution 20-2232 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on November 4, 2020, the City Council of the City of Meridian passed Resolution 20-2241 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on December 8, 2020, the City Council of the City of Meridian passed Resolution 20-2246 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on January 5, 2021, the City Council of the City of Meridian passed Resolution 20- 2252 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on February 9, 2021, the City Council of the City of Meridian passed Resolution 21-2255 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on March 9, 2021, the City Council of the City of Meridian passed Resolution 21- 2261 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on April 6, 2021, the City Council of the City of Meridian passed Resolution 21- 2265 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for an additional thirty(30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declarations of Local Disaster Emergency pursuant to Resolutions 20-2195, Page 2 Item#14. 20-2203, 20-2210, 20-2214, 20-2216, 20-2222, 20-2228, 20-2232, 20-2241; 20-2246, 20-2252, 21-2255, 21-2261, and 21-2265 shall remain in effect for an additional period of thirty(30) days from the effective date of this Resolution unless terminated, modified or unless extended for thirty(30) day increments. Section 2. That the continued immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized for an additional thirty(30) day increment. Section 3. That this Resolution shall be effective on May 11, 2021, and shall establish and continue an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on June 9, 2021. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. ADOPTED by the Council of the City of Meridian, Idaho,this 4th day of May, 2021. APPROVED by the Mayor of the City of Meridian, this 4th day of May, 2021. Robert E. Simison Mayor ATTEST: Chris Johnson City Clerk STATE OF IDAHO ) ss County of Ada ) On this 4th day of May ,2021,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: city clerk's Office: Annual Report Page 260 Item#15. � 2020 Department Report City Clerlq's Office Chris Johnson, City Clerlq May 4, 2021 City Clerk's Office connecting Our Citizens to Their Government meridia ncity.org/derkPage 261 City Clerk's Office — 2020 Department Report City Clerk's Office Staff Chris Johnson, City Clerb — February 2018 Adrienne Weatherly, Deputy City Clerb — July 2019 Nancy Radford, Assistant City Clerb — May 2004 Charlene Way, Assistant City Clerks — April 2015 Kayla George, Assistant City Clerk — October 2019 Jaime Del Barrio, Administrative Assistant — September 2020 Jennifer Kitzberger, Records Clerlq — January 2021 Page 262 Item#,5 reate and Verify Maintain Official Document Legal Noticing as Record of City, Proceedings of City Required by Law Including Responding Council and City to Records Requests Commissions Electronically Record Issue Licenses and Receive Records of the City Permits on behalf Correspondenceand of City Filings against the City Oversee City Accept Passport Manage Use of Elections and Applications on public Meeting Candidate Filings behalf of the U.S. Rooms Department of State Pa9e26' /em#15 Trackz Commission Maintain and Update Support City Appointments and City Code Commissions Maintain Contact Information Train Staff on Use of Respond to General Answer Inbound Calls Meeting Public Inquiries from the Public Management Program Provide Public Manage Annual Hearing Notices Support Allumbaugh House Joint Powers Records Destruction beyond what is Entit on behalf of the City legally required y Page264 iremau. • 2020 Department Report 2020 Successes • Transition from NovusAgenda to Municode Meetings • More flexibility in agenda management • Better transparency for the public • Transition from Sterling Codifiers to Municode NEXT • More responsive customer service • Greater flexibility in code management • Quicker updates • Digital Reader Board to post agendas electronically 0 Implementation in progress Page 265 r Item#15. CitOffiDepartment . . . 200.20 Successes Continued • Hybrid City Council & Commission Meetings • Staff and Volunteer Training • Public Education • Council Chambers AV upgrades • Keeping the public involved Online Alcohol License Renewals - --- F. • Processing with minimal City Hall Traffic -- - - • Laserfiche file structure updates y � • Increasing transparency = __ Clerk Mission Control — May 202 Page266 r Item#15. CitDepartment 2020 Staff Successes • Nancy Radford: Update to Alcohol Sales License Timelines, ACP Online • Charlene Way: Electronic Recording processes and digital processing • Kayla George: Passport Acceptance throughout Covid restrictions • Adrienne Weatherly: Implementation of Municode, Allumbaugh House support • Chris Johnson: Idaho Certified Municipal Clerlq certification and acceptance to National Association of Parliamentarians • New Staff • Jaime Del Barrio (Administrative Assistant): Completed Passport Acceptance training • Jennifer Kitzberger (Records Clerks): Processing Records Requests & Supporting Records Retention Planning Page 267 r Item#15. CitDepartment You are the best. Hardest Our Feedbaclq workinggroup of people I To ever g p p p this \ Yohe know. Thanks for all you do. I appreciate all the hard work appr Matey "I' ho wor that the Clerks office and IT o eeiat hate kea ` have put into finding a solution �4s! e yo4 t ks�ii �/ oh _ p g akih�. car, e e have crossed and running our meetings with d w rVs the AV challenges. 1 am gla Cle g d the paths) Vou o amazing• \/ office areople\l :l Great p This is exactly what I I was looking for. Great work, Mr. Clerk! Thank you for your TRULY GREAT JOB! I was thanking Congratulations! We kot help and for the Nancy earlier today, its nice that you couldn't do what we do you ao•••' quick response! all thought outside the box in order without yourself and .�rar `r$`lou J to still accomplish this today! We your team. Happy eJeCy ,Sa,�°r \/ needed and I do mean NEEDED a bright spot with the Holiday. You all weekend... :) are awesome Page 268 V (:>f EKQ City Clerk's Office — 2020 Department Report Item#15. The Road Ah • Alcohol Catering Permits and Fireworlqs Permits Accepted Online J _ • 2021 General City Election { 1 , • Leveraging what we learned in 2020 to improve processes Page 269 r Item#15. • • CitDepartment 16Vl City Clerk" ice *MsC nnec[ing Our Grirens Iv Their Gawernment Now, , L y Yo[�1 Page 270 Item#15. i unli ip l Clerks Week M - , 2021 r, f, Page 271 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Municipal Clerks Week Proclamation Page 272 Item#16. E IDIANI____%_'I DAHCj The Office of the Nayor PRoCLAMATIOX WHEREAS, the Office of the Professional Municipal Clerk is the oldest among public servants and serves as the information center on functions of local government and community; and, WHEREAS, The Office of the Professional Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and, WHEREAS, the Office of the Professional Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and, WHEREAS, Meridian has had 14 City Clerks throughout its history, each of whom have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and, WHEREAS, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations. THEREFORE, I, Mayor Robert E. Simison, do hereby proclaim, May 2-8, 2021, as Profess ionaC.�►4unic�"PaC CCerks 'We e fi, in the city of Meridian and urge all community members to extend appreciation to our Professional Municipal Clerk and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they e resent. Dated this 4th day of May 2021 4 Robert E. imis n, Mayor Treg Bemt, City Council President Brad Hoaglun, City Council Vice-President Joe Borton, City Council Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council Page 273 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2021 Budget Amendment in the Amount of$10,000.00 for the Meridian Development Corporation Sponsorship of Concerts on Broadway Page 274 LO N N 0) M d N N ]' N 3 m d o 00 N C O ❑ 2 U C ❑ t +`°-' " o oB Elc' ❑ o m ~ L o ❑ } N_ ~ L1 u fG ti 0. fJ � N d ❑ N � � � G a C y C L N Gd O Q N O V GJ 'y V N �n d A q Q I 0.0 6 a r`a c W ° rn o n J c' c v N m w p ti qi N H 2 Z u- L ❑° W (3) w m 0. C IV a LL w a, u E E O a rX � d OC a W ❑ 61 v 0 O a t N Uaj D ?: Q) q c m ❑ ❑ C o Qm u cn E o G w Ts ❑ r d ❑ au o' ofi � �v+ irs cn in in cn .n vs yr sn +n vs to �n � c c � m m N 0 Q y E o G a m 3 E c > J L 1 O u� [ ❑ p m Q] c Q o u Q u ~ m ❑] D U ❑ 0 o o m °i C 0 0 0 E n P o CN C Sp F D o CN SJ1 [f1 VS ilt iM1 iR ih V(LL C 0 t c [� m c a c w O c n eci m T n c m O L a N x a 3 m CN � d ° m `� o c a C LL b H E a m ° ❑ n m ? o n a. a a H m m 03 a ¢ w d d LO r _ c o ❑ ❑ y IT ry C E T IC 1-• 3I it V y O G 3 a azza 2i a ❑ o 0 0 0 0 0 0 # P O P P D ❑ ❑ o P P ❑ ❑ ❑ xx ❑ ❑ ❑ o ❑ ❑ a ❑ o Q �+ rY H .y rr •-i ri rl .-i rl •-1 M rF 4 C, 0 'i �^1 ri P ❑ P ❑ P O ❑ ❑ 0 0 0 0 ❑ 0 0 0 0 0 0 0 0 0 p O O O O P P p P P O ri r1 rl H r-. ri r! rt N •i G7 oC 0 C. P N N N N UO rp N YL N [Y1 ❑ ❑ ❑ 0 ti N d Y Q ❑ ❑ ❑ ❑ O ❑ O ❑ 0 0 0 0 0 0 0 0 0 0 6 0 0 O CD. C. Cap O i.:i iT P 0 ❑ 9 Q V V V V V V V Q.i c T V V c C Tr V Q T v v v ¢ v �'S v V ¢ v V CA d Ho 2 w o0a m ccoo m ono Q m CO 0H0 000 CO w 000 ono m ca ono m m o m Do- m m w m O m no owo } c14 ^y tw G7 @ y �+ N H H L. .� H N M M .� M M ti cc M M y C Lw a 6 g 0 6 ❑ C, P ❑ O O ❑ ❑ 0 0 0 O O 0 O 0 0 , 0 0 0 O O P 0 0 li LL ii U Item#17. 5 PM City of Meridian FY2021 Budget Amendment Form Prior Year(sy Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Arts&Culture Funding 2021 2022 2023 2024 2025 Title: FY21 Mer Dev Corp Sponsorship-Concerts on Broadway Personnel $ - S $ $ $ l,<<:„„tiltn1; Operating S 10,000 $ $ $ $ - oeFsnmRr...4\ it KN SAm■ndnuvstVlttiUjanorLs1$00.durecoFinanceiaud{LerM;hLI!SaTrerie.K! Capital $ ]y FIrS�K�1�ly:?rAfylenoA[k;lt[A G¢uylcil lB ?17 sfna,l�Ce Total $ - $ io 000 $ $ $ — Y Cour c{t Ij'il�nR+Yrl. A L.Weeg A[�--Wit In k4yar Total Estimated Project Cost, ; 20,000 Wa of�,l?W Ler4 Ly,neo lo,Ft!as6ce(BuNep An iygl Evaluation Questions 6091okgokltl%Wkserd#pFoveq;,P y0 mejidxrenlioDepAnw.rtt Please answer all Evaluation Questions using the financial data referenced above. FisSV"0e� W�AOOK". � ttoCgLprlsas�,y, ;n$r�oYFsaaar�aq raga; 11. Describe what is being requested? Spend Authority of 510,000 from Meridian Development Corporation for sponsorship of Concerts on Broadway. ' 2. Why was this budget request not submitted during the current fiscal year budget cycle? The Revenue agreement was not signed/approved until FY21. 3. What is the explanation for not submitting this budget request during the next fiscal Year budget cvcie? Concerts on Broadway project is for FY21. 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split. List the amounts and i sources of anticipated additional revenue that will result from approval of this request. Sponsorship from Meridian Development Corp,of$10,000 5.Does this request atign with the Department/City's strategic plant? if not,please explain how this request was.not included in the Department/City strategic plan? Yes. — — — ---- — -- — --- — --- 5. Does this request require resources to be provided by other departments? If yes,please describe.the Crecessary resources.to be provided by other depa.rtme.rtts. 7.Does this Amendment include any needed Equipment or Software that will utilize the Ci 's network? Yes of No no t d 8,is the amendment goingto result in the disposal of an asset? Yes or No) no 9.Any additional comments? — None _. Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balancedbudget. Changes to the original balanced budget may cause o funding shortfall. Page 276 City of Meridian FY2020 Budget Amendment Form C:WserslabelnapVlppDatalLocaWicrosoftlWindowsllNetCachelContent.Ou11ook%OWCV1JJEIFY2021 8udget Amendment MDC Concerts on Broadway s Agenda Item ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) DRAFT Example Financing Options Three general categories or scales of infrastructure, listed below, require different approaches to and sources of funding (e.g., City or developer). • "Local" or"on-site" infrastructure; • "Framework" or"district" infrastructure;and • "Major off-site" infrastructure. Local or On-Site Infrastructure "Local"or"on-site" infrastructure is located on or adjacent to a development property and largely serves the development (residential or commercial)that is (or will be) on the site itself.This infrastructure may be of any type, including transportation, sanitary sewer,water, stormwater, or parks. Local infrastructure is typically of the minimum size required by the city for project approval.This may include facilities such as a local or collector street cross section or 8-inch sewer laterals (as shown in Figure 1). Meridian's policy is consistent with most other jurisdictions in that this infrastructure is built and largely paid for by developers.The City may become involved in funding for some limited oversized components, however,these are not common for local infrastructure and are explained in the Framework Infrastructure section below. Plan Area Lift Station Force Main A city ------------------------------------------------------------------------------- Figure 1: Infrastructure Types Diagram Framework Infrastructure "Framework"or"district" infrastructure is typically larger than local infrastructure, more costly, and likely to serve multiple properties or development projects within the same overall planning area (and same municipal jurisdiction). Implementation Plan I Meridian Fields Area DRAFT Page 1 As depicted in the Figure 1 diagram, a lift station to pump wastewater to an elevation suitable for serving multiple area development would be an example of framework infrastructure—benefitting the overall Plan Area and with benefits unlikely to be confined to a single developer's property.A city park(roughly central to the Planning Area) or major trail connection allowing future developments to tie into existing city trails could also be considered framework infrastructure elements. Because framework infrastructure facilities tend to span multiple ownership entities, entail higher project costs, and provide benefits that may be difficult to quantify and apportion,their cost sharing arrangements are usually more complicated.The structure of funding arrangement can vary considerably and depends on type of facility, ownership patterns within the service area of that facility, and goals of the city(or other jurisdiction involved). Major Regional or Off-Site Infrastructure In less common cases,there may be infrastructure improvements important to the Plan Area that do not fit neatly into either local or framework infrastructure categories.These could include major regional facilities built within the Plan Area to serve the future needs of Planning Area users but that would likely benefit users outside the Area to a substantial degree, such as a large recreation center or a large detention reservoir.Although the preferred concept for the Planning Area does not currently include such facilities,they may be contemplated in the future. Similarly, a major offsite infrastructure facility located near, but not within,the Plan Area (such as interchanges for the Highway 16 extension)will be very important to future Plan Area stakeholders, but also serve a broad geography of diverse regional users. Funding responsibility for these elements tends to be broad-based, only indirectly drawing on City or developer support. Planning for such improvements are typically cooperative efforts involving both the City of Meridian and state or regional bodies (e.g. IDT,ACHD, COMPASS).The City should work with Planning Area developers and other stakeholders to encourage participation in those planning processes in ways that further the Planning Area vision and goals. Implementation Plan I Meridian Fields Area DRAFT Page 2 Available Infrastructure Funding Tools Appropriate funding strategies for local infrastructure are relatively straightforward (developer and CIP funding, respectively). For framework infrastructure,the added complexity of balancing concentrated near-term costs (e.g.,for a park on one developer's property) and dispersed, long-term benefits (to property owners, developers, and future residents throughout the study area), often calls for more nuanced funding mechanisms, such as those described below: Development Impact Fees (DIFs) The 1992 Idaho Development Impact Fee Act(Impact Fee Act) introduced a new mechanism for funding the infrastructure costs of growth, giving cities,towns and counties the authority to levy impact fees on new development, as a condition of development approval,to pay for a proportionate share of the cost of the system improvements needed to serve that development. Development impact fees (DIFs) are generally defined as one-time assessments used to recover the capital costs borne by local governments due to new growth. Meridian currently uses impact fees for parks, police, and fire protection-related capital facilities only, although the Impact Fee Act enables the collection of DIFs across a wide variety of other infrastructure categories, including electric,water, wastewater, storm drainage, and transportation facility. Collector and arterial roads in Meridian and unincorporated Ada County are built and maintained by the Ada County Highway Department (ACHD),which collects its own DIFs from new development to that end. In general, impact fees are calculated by:1) determining the anticipated cost of expanded or additional public facilities and services projected to be required as a result of anticipated growth from future development; and 2) proportionately allocating these costs to new development in order to keep the same level of service set by that jurisdiction (e.g., park acres and policing services to overall population;or a given response time for fire services). In Meridian, DIFs are set forth in a fee schedule that is subject to periodic change.Currently, residential units pay one of five flat fee amounts based on the size of unit,while non-residential developments pay a DIF based building square footage, across two categories of uses:commercial (primarily retail and dining) and "other' (office, industrial, and other non- residential). A new facility must be included in the City's 5-year Capital Improvement Plan (CIP)to be eligible for funding through DIFs, and any equipment or facility funded must have a functional lifespan of at least ten years. Urban Renewal/Reimbursement District Since the mid-1960s, Idaho State Code has allowed municipalities to undertake redevelopment activities within urban renewal districts established in deteriorating and underdeveloped areas.When a government agency creates an urban renewal district,tax rates—including city property taxes and other taxing entities, but excluding schools and ACHD—are frozen for properties within the district for a period of time. Increases in property tax revenue beyond the base levels, referred to as tax increment, can be invested towards certain infrastructure improvements within those districts.Typically, developers are called on to front the cost of infrastructure development (which is often, in turn, bonded),with an Implementation Plan I Meridian Fields Area DRAFT Page 3 agreement to be reimbursed once increment revenues become available. Once a URD sunsets (typically after 20 years), taxes returns to regular taxing entities. Importantly, urban renewal agencies in Idaho can fund improvements only on publicly-owned land, for the benefit of the public, and agencies are prohibited from backing loans or bonds used to finance private development. Unlike some other states, Idaho does not allow tax increment proceeds to be transferred to private parties in any way (except through sale of public property to private parties through competitive bidding). Meridian already has established districts in two areas, downtown Meridian and one surrounding the Ten Mile Road interchange, both administered by the Meridian Development Corporation, its local urban renewal authority. Of the existing Meridian urban renewal districts,the one at Ten Mile and Interstate 84 is most similar to what would be possible for the Fields Plan Area, in that the land in question is primarily rural/agricultural in use. Urban renewal districts afford municipalities a high degree of influence over potentially large areas where future development may occur,with powerful funding mechanisms and abilities to aid in land assembly through the use of eminent domain.The primary disadvantages to this approach to funding include the relatively onerous bureaucratic and political steps necessary to establish new urban renewal areas, along with strong political resistance to the process among some voters and land-owners. Given the relatively recent(2015) establishment of the Ten Mile Urban Renewal District, and the political difficulties associated with its adoption in an area of primarily open land,the use of urban renewal for an even further-out area of open/agricultural land may face heightened political challenges. Local Improvement Districts A Local Improvement District (LID) is similar to a Community Infrastructure District(CID, and described below) in that it is a mechanism by which the cost of infrastructure that benefits multiple property owners is divided among those property owners in an equitable manner and paid by an assessment. LIDS may be initiated by property owners or the City. One or more LIDs could be used in the Plan Area in conjunction with or in place of CIDs. As with CIDs, an LID is often formed with a "latecomer agreement"formally included to ensure that initial property owners are not unfairly burdened with infrastructure costs in cases where new developer/owners may enter the district at a later time. Some key features of LIDS: • In Idaho, 60 percent of resident owners (or 2/3 of property owners, regardless of residence) must sign a petition in support of initiating the district. Naturally,this requires the support of property owners, and outreach and discussion among property owners may require considerable time. • Alternatively, an LID may be formed by majority vote of council (so long as proposed infrastructure facilities can be shown as directly benefiting district landowners). • Assessments may be paid in a lump sum or financed over time at the property owner's discretion. Assessments are due upon allocation of costs.As noted above,fees are typically due later in a reimbursement district, when property owners seek public works permits. Implementation Plan I Meridian Fields Area DRAFT Page 4 • The LID creates a lien against each individual's property until all assessments are paid in full.This is seen as a negative by lenders,whose strong preference is that there be no other claims on the property on which they are making a loan, and often by property owners.This is a positive since the lien creates a secure income stream against which the city can issue bond debt.Whether an LID is initiated by property owners or the City, LID debt is always issued by a government agency, and thus usually take advantage of lower interest rates. Community Infrastructure District (CID) Since 2008, municipalities in Idaho can establish one or more community infrastructure districts (CID) within their city boundaries (or impact areas)to administer the allocation of shared capital infrastructure costs. CIDs are very similar to LIDS and increasingly common in Idaho. Recent Treasure Valley examples include the utilization of CIDs on Harris Ranch and Avimor.They are intended to distribute the costs of infrastructure facility construction across a number of property owners that stand to benefit from that infrastructure. A district can be initiated by petition signed by all district land owners or two- thirds of resident landowners. The geography of a CID may be non-contiguous to each other. Implementation Plan I Meridian Fields Area DRAFT Page 5 DRAFT Comparison of Infrastructure Cost-Sharing Mechanisms Community Infrastructure District Urban Renewal District(Tax (CID) Local Improvement District(LID) Increment/Revenue Allocation) Development Impact Fees(DIF) Incentivizing redevelopment of deteriorating areas(also allows Financing construction of local Financing construction(or repair)of districts of primarily open/ag land Typical Use infrastructure local infrastructure under certain conditions) Construction of public infrastructure City(including Comprehensive Jurisdiction Type City or County Planning Area) City or County City or County(incl.ACHD) Petition of 2/3 of all land owners or Petition of all district land owners or 60%of resident owners,OR majority Findings of deterioration approved 2/3 of resident landowners(no vote of council(as long as district by council(see narrative for other Not a district per se,so not District Formation council vote option) benefits ALL land owners) details) applicable.Enabled by State law. Administration City council(3 members only) City council Council or council-appointed board Not a separate district/entity Wide range of infrastructure Meridian currently limits to fire, facilities(excl.irrigation).CID Wide range of spending and police,and parks,but state law proceeds may also be used to pay Wide range of infrastructure construction typically for public allows most other types of public Use of Funds DIFs. facilities,but excludes DIF payments. facilities,property or ROW improvements. Paid by property owners on Special assessment bonds,revenue issuance of building permits.Other bonds,or general obligation(GO) Tax-increment financing(TIF)and district types can be set up to repay Funding Sources bonds Special assessment bonds TIF bonds DIFs. May require vote to change fee Must vote if used with GO bonds structure or add categories eligible Council Vote/Hearing (hearing only for special assessment Hearing required for special None(handled by urban renewal for funding(within list of State- Requirements bonds) assessment bonds authority,a separate entity) allowed expenditures) Point of Payment Property tax levy Property tax levy Implementation Plan Meridian Fields Area DRAFT Page 1 DRAFT Other Approaches to Framework Infrastructure In addition to the URD, CID and LID funding tools described above,the following tools often help with the funding of framework infrastructure in new growth areas: • Direct CIP investments. As described elsewhere,the City could potentially fund additional projects or portions of projects through the CIP.An analysis of each infrastructure component may be appropriate to determine if doing so would require deferring or reprioritizing other projects already on the list. • Development Agreements/ReimbursementAgreements. Like many other municipalities in Idaho and elsewhere, the City of Meridian typically enters into formal development agreements with major developers seeking annexation and/or entitlements for future construction in the city.These negotiated legal arrangements may contain agreements wherein a developer agrees to construct and fund certain infrastructure elements (often roadway or water/sewer facilities) and be reimbursed over time as connection fees are paid for individual homes or businesses. In some cases,these take the form somewhat complex intergovernmental agreements involving Meridian and other jurisdictions such ACHD or the State. • Expansion of the types of facilities that are already considered eligible for DIF funding by the City. Trail or park improvements already budgeted in Meridian's CIP east of the Plan Area could be potentially be expanded westward without having to add a new approved CIP project. Implementation Plan I Meridian Fields Area DRAFT Page 1 References Development Impact Fees Idaho Code Chapter 82,Title 67; and https:Hmeridiancity.org/building/fees Urban Renewal Districts Idaho Code Chapter 29,Title 50 Local Improvement Districts Idaho Code Chapter 17,Title 50 Community Infrastructure Districts Idaho Code Chapter 31,Title 50 Implementation Plan I Meridian Fields Area DRAFT Page 2 City Council Workshop May 4, 2021 Fields Sub Area Plan Update L Q�E IDI Overview Today's Objective 1. To review future land use 2. To highlight City parks metrics and distribution and priorities 3. To give an overview of Community and Local Improvement Districts (CID and LID) MM C-/((E IDIZ IAN*--� City of Meridian, City of Star and City of Nampa i� Area of Impact Future Roads CHIIINDEN - s MixediUse- Interchange 26 Vd Medium Denity Future ss e Residential - ��> - I t Lom Meenslty 1 Residential _ r City of Meridian Legend _ MCMI�L-L-A�N L cemetery Future Land Use Map ■ — � i 9 1 Q Med-Hi h nn�T7' W • Fire Station _ —`', O Polce Station �� - (J �1LF : School _.. ..1 f `• �....� — -- b — Wrlf Pence ..... ......... ......------ Densi ' I� is Tnau . nsit Station {" ra W..Rtl. Q _ J Future FV Fu[ure Facilities - 4�� i v Z Residential /IJ Ten Mile Interchange Specific Future Roatlway i �ture a�«Future Overpass �V General —Entry-Condor Oved ntlRtl Industrial I.f.Existing Waterway - r' Maddia.ADCI it Owyhee High 777YLi LL1 a5 s MU-NR School Vkto Rd -- — F_ MU'RG U S1TIIC K L/I�E IDIZ IAN ,L i e +Iis Amlty Rd : Adopted December 17,2019 -- O O anwnd uaro:".0 idieo a.i„w� __ m 1 _.. wn...... ,�_.� .., Future Land Uses Citywide _ Teri Mile Spet:ific p...�_ Lrn9 Cle—f Resiuent.I i QuiD Lvw DerWy EmpkVrwnf J O Nedirm0.mmyR,esioenuN OldTG%n High flem[yErnoDpnmL Future Land Uses Ne&HighNrmVResiden�l hfooedUseNri�lLnrflmd Mi�dEmp4eyrnenl Citywide To.Mile Specific ®Low cer._rhi1 cm. -Low D.tlb Empk/mmt MedNm pe nRadd.aM oar -High Nraly Emyxymam Kgh Oenai[y Residential kixed Use Gxr-rrr.nilr --- Nkmd0se Residemial Mao-Mien—VR.iderfid Mw.eu 1100hMhood Mbad EM"em `--- -Men c.d,Reaidemkl -Mix«U.Lwn„uniry M'uatl use R«WenlMl CbmrneraoI Mixed UseReprnak NkmdUx Canmercial -Comme,tlal Mixed p.RaBimal ®Mixed use Lrvnnre,dM oa. M xed U.M..R.demM1 t Q Ieaaial %///Mi.du.-1.Wdaepa iAixrdUseNoo-Resitlenbal Irduls ro Mixed Use•krGerdunge ' C Neighboring 0 Future Land Use - • Most adjacent land uses are Mixed Use Hwy20/2fi • City of Star looking at reducing non- _ cH+I1NDEN Aliged�Use•- � Interchange ,��r _ residential areas due to market viability CH: concerns Low Density - W Z Aled-High Residential Q V - Density V • Employment o opportunities encouraged Residential �® p p g C,e-f tery_�+►�cMiLLAN` within . • Mixed Use Non-residential, SW corner — MediutnDensity = General - Residential Industrial MU-� ��J • Industrial, SW corner civic • Mixed Use Interchange, NE corner (potentially) 1 MU-NR MU-RG UST'ICK o�1Ce • Mixed Use Regional, north (potentially) `, ', ' Mu-c C-/((E IDIAN�- - Ho z City of Meridian , Parks Level of Service Standard ilowC k - — n n: ' Bainbri2�eSub Y, .on =- h 2015 Parks and Recreation Master Plan: William Watson ^•,r' Flemeniary5 � Andrus Elemer ""G 1• ' .:, '` • Paramours .......... = roes r oal Continue to Improve Organizational ••• ••>• - ark 'Elelnent ry �_r Schao! _ ••••■' ` _ e•r Lowell Scott Fields r Hedrage C.F.McDevitt Middle School Efficiencies �Middlo-Schap/;,..,mark;, _ 1 Hunter Pioneer: Objective 1.1 — Maintain existin level o service ��. Subarea ' '"'i" ` .�. � - Elementary School Prospect,,,, Cottony 1 g f ' Elem eotary School-. �Camer Sawtooth Di dVbryElementary School goal Middle School r F "' Pathys Mdifilp School � ,. ,.••.• '"�"�f ." _ Settlers I - `. hampionPark • The City of Meridian currently has a Level of i •. "' Ponderosa Park .. sPaFk Lakeview lvientarySehool -` -' Service that is three acres of developed park land • • • v Park ully Pa 8t Chief Joseph i�er Valley,, lem�nl s.. . ft • •.. ♦.• .. .: Golf Course Chief tarySchool�� ius'M.I per 1,000 persons with a goal o increasing to a EfpruplBottles•••�•••• Btlrbtlra Morgan �Mer p p ✓ f Stem Academy SettlefsVillage - - Level of Service Standard of four acres/1,000 Ptoperties • . • P• Meridian Library Park r •• L fFuller Park Meridian Co! Valley Christian School ••••■•• Middle School /�neralionsPlaza ' Chaparral Meridiari Elementary Schoal�' j Centenriial'Park "` = persons by 2040. c arxr - iGirfs Club:: rle- -,� Crossroads Mid le School Elen(enYary S" Bo ant Merid — oxi[�anument— Lbw �-0 Ci Hall 1 ian Meridian Academy Midi • Additionally, the City should develop a Level of nityCentPr g.._ .YMCA Homecourz Plaza Commu , hamb Commerce I[Me cridianer of Swimming Pool s.{ Service Standard that considers components _ Storey park t ' w Peregrine ft ,;., y- � # within parks and a radius of.5 miles per Elementary St ool ,' _ "•'� r, abil Fieids � component for walkability.' [Parks and Recreation Master Plan, Systems Resources Map] MA" Ci,((E IDIAN�- •� - H o Example Tool : Urban Renewal District ( URD) • Allows municipalities to undertake redevelopment activities within deteriorating and underdeveloped areas • tax rates are frozen for properties within the district for a period of time (including property taxes and other taxing entities outside schools and ACHD) • Increases in property tax revenue beyond the base levels (tax increment or TIF) can be invested towards certain infrastructure improvements within the district • Typically, developers front costs for infrastructure development (which is often, in turn, bonded), with an agreement to be reimbursed once increment revenues become available • Districts typically sunset after 20 years and taxes return to regular taxing entities • Districts can only fund improvements on publicly-owned land, for the benefit of the public • Agencies are prohibited from backing loans or bonds used to finance private development • TIF is not allowed to be transferred to private parties in any way (except through sale of public property to private parties through competitive bidding) MJMM (�Vl E IDIAN*__� - Ho Example Tool : Local Improvement District ( LID) 0 May be initiated by property owners or City LIDs could be used in in conjunction with or in place of CIDs • 60% of resident owners (or 2/3 of property owners, regardless of residence) must sign a petition to create the LID • Alternatively, an LID may be formed by majority vote of Council (if proposed infrastructure facilities can be shown as directly benefiting district landowners) • Can include a "latecomer agreement" to ensure that initial property owners are not unfairly burdened with infrastructure costs in cases where new developer/owners may enter the district at a later time • Assessments may be paid in a lump sum or financed over time • Creates a lien against individual properties until all assessments are paid in full �i E PIDIAN - o Example Tool : Community Infrastructure District (CID) • CIDs can be created within city boundaries and impact areas to administer the allocation of shared capital infrastructure costs • Distributes costs of infrastructure facility construction across property owners that benefit from that infrastructure • District can be initiated by petition signed by all district landowners or two-thirds of resident landowners • Geography of a CID may be non-contiguous • Bonding would be the responsibility of the developers/partners i C-/ /(E IDIZ IAN*_- Example Tools : Funding Comparison Community Infrastructure District Local Improvement • . • • Incentivizing redevelopment of Financing construction of local Financing construction (or deteriorating areas (also allows TypicalConstruction of public infrastructure infrastructure repair) of local infrastructure districts of primarily open/ag land under certain conditions) City(including Comprehensive JurisdictionCity or County City or County City or County(incl. ACHD) Planning Area) Petition of 2/3 of all land Petition of all district land owners or owners or 60% of resident Findings of deterioration Not a district per se, so not applicable. District Formation 2/3 of resident landowners (no council owners, OR majority vote of approved by council (see Enabled by State law. vote option) council (as long as district narrative for other details) benefits ALL land owners) AdministrationCouncil or council-appointed City council (3 members only) City council Not a separate district/entity board Wide range of infrastructure facilities Wide range of infrastructure Wide range of spending and Meridian currently limits to fire, police, and Use of (excl. irrigation). CID proceeds may facilities, but excludes DIF construction but limited to public parks, but state law allows most other also be used to pay DIFs. payments. property or ROW. types of public improvements. Special assessment bonds, revenue Tax-increment financing (TIF) and Paid by property owners on issuance of Fundingbonds, or general obligation (GO) Special assessment bonds building permits. Other district types can bonds TIF bonds be set up to repay DIFs. CouncilMust vote if used with GO bonds May require vote to change fee structure or Hearing required for special None (handled by urban renewal • - (hearing only for special assessment add categories eligible for funding (within Requirements bonds) assessment bonds authority, a separate entity) list of State-allowed expenditures) PointProperty tax levy Property tax levy Other Approaches 1. Direct CIP investments 0 The City could potentially fund additional projects or portions of projects through the CIP. 2. Development Agreements/ReimbursementAgreements 0 Through annexation and/or entitlements developers could agree to construct and fund certain infrastructure elements (often roadway or water/sewer facilities) and be reimbursed over time as connection fees are paid for individual homes or businesses 0 In some cases, can be complex and involve Meridian and other jurisdictions such ACHD or the State 3. Expansion of facilities already eligible for impact fee funding by the City 0 Trail or park improvements already budgeted in Meridian's CIP east of the Plan Area could be potentially be expanded westward without having to add a new approved CIP project C-/((E IDIAN*-- o Implementation Options Building on Targeted Investments 1. Conventional Plan: • Focused on character the Star/McMillan Center • Limited funding sources and limited City partnership 2. Targeted Participation: • Focused and limited City partnership around the Five-Mile Creek Greenway and Pathway • Funding options could include general fund, CID, other �3. Enhanced Participation to Achieve the Cit 's Vision: 1 p Y 1 1 • Public partnership around the City Park 1 1 Funding options could include general fund, CID, other 001 MMI �i E RIDIAN - o t - y_L_r�LY► - •7. e OFC. 7 `;0,!, fir■ , �, , ► phi: �yfit -, Pi �IL amrs It OR 1 y Qom; �i. :�! �• ,• y ", r