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2021-05-18 Work Session
E HO IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 18, 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/84709336710 Or join by phone: 1-669-900-6833 Webinar ID: 847 0933 6710 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener (4:37 pm) Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA [Action Item] Approved Motion made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Strader 1. Approve Minutes of the May 4, 2021 City Council Work Session 2. Approve Minutes of the May 4, 2021 City Council Regular Meeting 3. Bainbridge Subdivision No. 12 Water Main Easement No. 1 4. Hathaway Warehouse Water Main Easement 5. Final Plat for Apex Southeast No. 2 (FP-2021-0032) by Brighton Development, Located on the East Side of S. Locust Grove Rd.,Approximately 1/4 Mile South of E. Lake Hazel Rd. 6. Final Order for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. 7. Final Order for TM Creek Subdivision No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S.Wayfinder Ave. and W. Cobalt Dr. 8. Final Order for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. 9. Findings of Fact,Conclusions of Law for Seasons at Meridian/Winco Wells Subdivision (H-2021-0007) by The Land Group,Located at 2600 and 2700 E. Overland Rd. 10. Findings of Fact, Conclusions of Law for Volante Investments (H-2020-0118) by The Land Group, Located at 2600 and 2700 E. Overland Rd. 11. Second Amendment to Subrecipient Agreement Between City of Meridian and Jesse Tree of Idaho for CARES Act Community Development Block Grant Funds 12. Resolution No. 21-2270: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Steven Yearsley to Seat 5 of the Meridian Planning And Zoning Commission through January 31, 2023; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Meridian Public Works Week Proclamation 14. Public Works Department Report: 2020/2021 Wastewater Resource Recovery Facility (WRRF) Odor Study Results 15. Meridian Dairy and Stock Show Annual Presentation to City Council 16. Finance Department: Impact Analysis of House Bill 389 ADJOURNMENT 5:45 pm Item#2. Meridian City Council Work Session May 18, 2021. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, may 18, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Dale Bolthouse, Laurelei McVey, Brad Purser, Jamie Leslie, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener (4:37 pm) _X_ Mayor Robert E. Simison Simison: Council, I will call this meeting to order. For the -- for the record it is May 18th, 2021, at 4:31 p.m. we will begin this afternoon's City Council Work Session with roll call attendance. (Technical difficulties.) Johnson: Mr. Mayor, may I start again? Simison: Yes, you may. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: There are no changes to the agenda, so I move that we adopt the agenda as published. Bernt: Second the motion. Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. Page 20 Meridian City Council Work Session Item#2. May 18,2021 Page 2- — CONSENT AGENDA [Action Item] 1. Approve Minutes of the May 4, 2021 City Council Work Session 2. Approve Minutes of the May 4, 2021 City Council Regular Meeting 3. Bainbridge Subdivision No. 12 Water Main Easement No. 1 4. Hathaway Warehouse Water Main Easement 5. Final Plat for Apex Southeast No. 2 (FP-2021-0032) by Brighton Development, Located on the East Side of S. Locust Grove Rd., Approximately '/4 Mile South of E. Lake Hazel Rd. 6. Final Order for Tetherow Crossing Subdivision (FP-2021-0017) by Hayden Homes Idaho, LLC, Located to the Northeast of N. Linder Rd. and W. Ustick Rd. 7. Final Order for TM Creek Subdivision No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S. Wayfinder Ave. and W. Cobalt Dr. 8. Final Order for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. 9. Findings of Fact, Conclusions of Law for Seasons at Meridian/Winco Wells Subdivision (H-2021-0007) by The Land Group, Located at 2600 and 2700 E. Overland Rd. 10. Findings of Fact, Conclusions of Law for Volante Investments (H-2020- 0118) by The Land Group, Located at 2600 and 2700 E. Overland Rd. 11. Second Amendment to Subrecipient Agreement Between City of Meridian and Jesse Tree of Idaho for CARES Act Community Development Block Grant Funds 12. Resolution No. 21-2269: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Steven Yearsley to Seat 5 of the Meridian Planning And Zoning Commission through January 31, 2023; and Providing an Effective Date Simison: Next item is Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 21 Meridian City Council Work Session Item#2. May 18,2021 Page 3-— Bernt: It is my honor to ask that we approve the Consent Agenda as published. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I'm also honored to second that motion. Simison: I have a motion and a second to approve the Consent Agenda honorably. Is there discussion on the motion? Bernt: Yes. One last thing. Simison: Councilman Bernt. Bernt: And I would like to add onto that motion that you sign it and the clerk attest it. Hoaglun: Second agrees. Simison: We have motions with seconds and amendments, agreements. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: And there were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Meridian Public Works Week Proclamation Simison: So, we will move right on into our Department/Commission Reports and the first item up is the Meridian Public Works Week Proclamation, Public Works Department. So, if I could get the Public Works team to join me at the podium for the reading. Council, we are, believe it or not, here for Public Works Week. Normally we would have a lot more stuff visually going on that you would see people moving out in the parking lot and big machines coming in on this --this Tuesday. But, instead, we are doing it virtual this week. But this is actually realtime for those that are playing along at home. So, we are going to do a proclamation and, then, we will turn it over to Dale and his team for some comments about this week. So, whereas City of Meridian residents have peace of mind with every faucet turned on, shower taken, and toilet flushed, thanks to the professional employees of the Meridian Public Works team and whereas each unseen essential worker, engineer, inspector, operator, technician is committed to protecting our health, safety, environment and quality of life through the supply and distribution of clean safe water, efficient Page 22 Meridian City Council Work Session Item#2. May 18,2021 Page 4- 23 collection and treatment of wastewater and management of solid waste and whereas the dedicated Public Works staff and partners design, maintain and sustain the quality of these critical services and important infrastructure, recognizing their ability to do so, dependent on having the support of informed citizens, and whereas the Meridian Public Works Department educates the community about the work they do, both in person through their daily work and virtually through informative and engaging public outreach, and whereas Stronger Together is the theme for the 2021 National Public Works Week and it represents the many facets of modern civilization that grow out of the efforts put forth by the public works professionals across North America. Therefore, I, Mayor -- I, Robert E. Simison, hereby proclaim the week of May 16 through 22, 2021 , as the Meridian Public Works Week in the City of Meridian. Call upon all citizens and the civic organizations to acquaint themselves with the vast and complex efforts involved in providing our Public Works services and to recognize the substantial contributions which Public Works employees make every day to our health, safety, comfort and quality of life, dated the 18th of May 2021. So, congratulations Dale, to you and your team as we are here for another Public Works Week and I will turn this over to you for some comments. Bolthouse: I do have just a couple of comments, but thank you very much, Mayor, for the acknowledgement. Thank you, Council, for the opportunity to join you here for a couple of minutes here as we kind of look at this year's Public Works Week celebration that we have done every year. I want to thank Emma and Susie, who are co-chairs, for our activities and they put together -- in light of not having a live event, you know, kind of some virtual activities that we have going on this year and we will talk a little bit about it. But Public Works Week was started back in 1960 and today is celebrated by approximately 30,000 public works professionals across the country as a way of acknowledging their contribution to our communities today. This year, as in every year, there is a theme. This year's theme was Stronger Together and I think that's really appropriate as we look back at the past year and some of the challenges that we have overcome. This is the 13th year that Meridian has participated in Public Works Week and although it's an abbreviated format this year, we do have some kind of fun virtual activities going on, and I hope you have been able to maybe catch those and if you haven't I would direct you to Facebook. We have a number of video shorts that have been kind of put together introducing a little bit about the department and, then, hitting some of the areas of responsibility that maybe don't get as much highlight as -- as our basic water and wastewater production type areas. So, hitting areas like pretreat and trash and recycling. Our location services, which appropriately are painting our city one stripe at a time out there in the streets, highlighting some of our engineering efforts that don't normally get it. So, those are released every day. They started on Sunday, they will be going through the end of the week and I invite you to go out on Facebook and Instagram and -- and view those. Likewise, tomorrow, as a way of showing some appreciation for our staff and utilities and here at City Hall, we are treating the employees to -- to a lunch. So, we have a little luncheon tomorrow. We traditionally have always had a barbecue following our normal Public Works Week, but -- so we have a nice -- nice lunch and to show our appreciation and as traditional, we have generated a commemorative coin for each of our Public Works Week activities and so Susie and Emma have got one of those for you and we also give these to all of -- all of our Public Works employees and we also give them to Page 23 Meridian City Council Work Session Item#2. May 18,2021 Page 5- — all of our sponsors that helped put on what are typical events that we have each year. So, please, enjoy that and we hope that next year we can return back to our normal events with tours and expos and -- and golf tournaments and those kinds of things. But I do appreciate the -- the Mayor and Council acknowledging the essential workers in Public Works. I think we -- our slogan we were essential before essential was cool. So, anyway, thank you very much. 14. Public Works Department Report: 2020/2021 Wastewater Resource Recovery Facility (WRRF) Odor Study Results McVey: Mayor and Members of the Council, thank you for giving me a few minutes to update you on the results of our 2020-2021 odor study for the wastewater treatment facility. So, first, I think it's important to give you a little bit of context about what an odor study is and what it can be used for. So, odor studies use EPA approved air dispersion models, which utilize local meteorological data. So, wind speed, wind direction and temperature, as well as odor sampling values to predict several things. They will tell us the highest odor value under worst case conditions. They will also tell us where that odor is expected to go and how frequently that odor is expected to be there. So, it's important to note that odor studies are not perfect. They do include a lot of assumptions, like local weather patterns, what equipment will be installed and when and they also predict worst case conditions. So, they take the hottest, windiest day with all process equipment online, which may not be what is actually experienced in the field, but it does show you what the worst case could possibly be. They also predict total odor, not just bad odor. So, obviously, odor is very subjective. We have -- for example, our headworks has a raw sulfurous, raw wastewater smell that's more offensive perhaps than our aeration basins, which is a more earthy, generally nonoffensive odor. But the odor study is going to show you total odor, both good and bad. So, what it's also not going to do is tell you exactly how to set land use boundaries, but it will hopefully give you enough information to feel comfortable setting reasonable land uses around the wastewater plant. So, I need to give you a quick update on how we got to this point. So, in 2002 the city established the current land use boundaries around the wastewater plant. In 2004 Public Works conducted the first odor and noise study. This study was based on a lot of theoretical assumptions. It used a built out planning window of 2023 and only used one actual odor sample. So, without any additional information, though, those land use boundaries have remained in place. But now that we are nearing the end of that odor study prediction window we wanted to complete an updated study using better, more up to date information. So, we completed the study in August of 2020, which, again, helped us predict worst case conditions in the heat of the summer. We also modeled it with all plant equipment online, which will be actually occurring in 2024 and we took 47 actual odor samples. So, we also took the opportunity to look at future facility build out through 2074. So, odor studies give you two values. The first value is the peak odor value. So, this represents the highest detectable odor. But it's important to know that these peak odors could also last for just mere seconds. So, a DT or detection threshold of seven would be considered background conditions. So, smells you would get from soil, trees, and plants. The second value or the orange rings is going to give you odor frequency contours. So, these show you how often an odor is going to be perceived above a set threshold in Page 24 Meridian City Council Work Session Item#2. May 18,2021 Page 6 of— detectable hours per year. So, this shows us more persistent lingering odors and it's a little bit easier to view and interpret these graphics as percent of hours in the year. So, on our next graph we converted it to those units. So, you will see this graph is it shows the current conditions at the wastewater plant and what you will see is that residential development is generally allowed in the two to three percent contour lines. To give perspective, two percent of the hours in a year is equivalent to approximately eight days out of the year and it's important to remember that these values are total odor, not just bad odor. So, what we did is we modeled to show the results of what do these contour rings look like with some of the planned odor control projects that are in the current CFP that we plan to construct in the next one to four years. So, what you can see is that it pulls those older contour rings in even further. So, based upon the information and the new odor study with the planned odor control upgrades installed, the Public Works Department is recommending that the city could modify the land use designations around the WRRF. We would recommend, however, that we keep nonresidential land use restriction around the WRRF to an interim 900 foot nonresidential buffer, which would allow the city to install the planned odor control upgrades and reevaluate the odor profile after these upgrades are complete. But in order to ensure that we are not making decisions today that may have negative future impacts, we also looked at full facility build out. So, this is estimated to be in 2074. And what we can do with full odor control installed on all applicable future projects is we can really pull those odor contours in even further and so that shows that by installing that technology with our projects as we put them in we can continue to grow the facility and support additional development in the areas around the WRRF. So, one of the good things is future odor control equipment can be phased in and so it can be constructed based on actual field conditions, maximizing the city's investment, so that we don't over or under construct the necessary odor control equipment as the facility continues to grow. So, with that we just wanted to remind you that the odor study is not perfect, but it does give us the best information to predict the worst case conditions and helps us make appropriate land use decisions around the WRRF that supports the interest of the facility, as well as the surrounding neighbors now and into the future. And with that I will stand for any questions. Simison: Thank you, Laurelie. Council, do we want to take a recess and reboot the system, so that those remote can come weigh in at this point in time real quick? Okay. So, we are going to -- we will go and take a recess until the system is rebooted. Mr. Clerk, any idea how long? Johnson: Under five minutes. Simison: Okay. So, we will resume -- resume probably by 4:50 or shortly thereafter. Thank you. (Recess: 4:47 p.m. to 4:55 p.m.) Simison: Thank you, Council. We will come back out of recess. But appreciate us getting that set up. So, Council, any questions for Laurelei? Page 25 Meridian City Council Work Session Item#2. May 18,2021 Page , of— Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks a lot, Laurelei. One question I had, I -- I know you model the existing conditions, but it surprised me that it's an ellipse and not like a circle. I was just curious. McVey: Yeah. Council Woman Strader, Mayor. So, that actually is a result of the prevailing wind patterns. So, they use what's called windrows and they -- they go in that sort of oblong shape and so that's why the odor dispersion model goes in that direction, rather than just a circle pattern. Strader: But your 900 foot buffer -- you recommend that, I assume, all the way around the site? McVey: We do generally from -- so, that -- oh, I can't get that to change screens. But generally from the existing property boundary about 900 feet out would at least give us the opportunity to install the technology that we have planned for the next few years, evaluate what that looks like. Eventually that could potentially be reduced as well, but we would like to see what -- what those technologies actually do to in field conditions. Strader: Thank you. Borton: Mr. Mayor? Simison: Councilman -- Councilman Borton. Borton: Laurelei, I assume also this study is, then, utilized by our Planning Department for notifying landowners, all applications, and incorporate these results as part of the analysis? McVey: Councilman Borton, I believe it -- it should be. I think the next step would be as development applications come in for your guys' approval or -- or denial, it would -- their comments -- the staff's comments would be in there based on our -- our maps. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: It looks like, Laurelei, that most of the area, though, where the concentrations were outside of the -- of the higher concentrations, that it remains on our site in most of the areas, if not the one or two percent, which we find, if I recall correctly, is acceptable for -- for those areas. Page 26 Meridian City Council Work Session Item#2. May 18,2021 Page 8- — McVey: Yes. Councilman Hoaglun. So, we -- our attempt is to keep the highest level odors on our site by installing those -- those technologies or potentially, you know, if possible, expanding the work boundaries at some point in the future. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up to that, Laurelei. Will there have to be some -- maybe some boundary adjustments with -- with other property owners just to make sure we have that right ratio? McVey: Yeah. Councilman Hoaglun. So, I think we could on a case-by-case basis as development comes in with some of those contiguous properties we would want to look at those -- look at what their proposed development looks like, look at where it comes in in those contours on the map to make the best decision. Hoaglun: Okay. Thank you. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Laurelei, is it the intention, then, that if -- that maybe Council accepts this report, including the -- the 900 foot buffer and, then, if that's the case is it, then, the plan to send that notification to the surrounding landowners so they are informed of this action as well? McVey: So, Councilman Cavener, that's a great question. So, I think our-- our next step, assuming that we have the general consensus of this body, would be to involve the -- the city's land development planning group and, yes, send out notifications to those property owners that there is the potential change in restriction -- or I guess lessening of restriction. Cavener: Okay. Thank you. 15. Meridian Dairy and Stock Show Annual Presentation to City Council Simison: Council, any further questions? Okay. Thank you, Laurelei. So, the next item on our agenda is the Meridian Dairy and Stock Show annual presentation to City Council. Turn this over to Hans and Mike. If you would come forward, state your name and address for the record. Murgoitio: Mike Murgoitio. 2623 South Hills Place, Meridian, Idaho. 83642. Bruijn: Hans Bruijn. 6627 Airport Road, Nampa. 83687. And I would like to thank the Mayor and the Council for inviting us to talk about what happened last year and what we are planning for this year. Even though most of Dairy Days was canceled last year, we still had the opportunity -- and I'm not sure how the slide show works -- to put on the show for the kids, both the dairy cattle and, then, the dairy goat show, we moved everything to Page 27 Meridian City Council Work Session Item#2. May 18,2021 Page 9- — the infield of the speedway, so we still --they still had an opportunity to show their animals and their hard work and, then, we did award quite a bit of scholarships last year -- almost -- a little over 10,000 dollars worth of scholarships. The new one we did -- and you can see that that went through the state FFA Foundation. We awarded six scholarships there and when we are looking at giving out scholarships, one of the criteria is to support the young people in this valley who want to pursue an education in agriculture, especially the dairy industry. We are really concerned about the loss of farmland in this -- you know, not just Ada county, but in the valley. So, hopefully, we can support these kids to get an education in agricultural, come back here and help where ever--where ever they get can. The picture on the -- that would be the right -- my -- is Charlie Stevens Memorial Scholarship. We have given that away for about ten years now. He was a dairy farmer on Ten Mile and Franklin and last year what we did -- the recipient in a picture that's this year, but last year we had four applications, so we decided -- and they are a thousand dollars. So, we decided with everything going bad for those kids we decided to award a thousand to all four of those kids. So, that's why, you know, we went over ten thousand dollars worth of scholarships and Meridian -- the Meridian Dairy Board or Meridian Dairy and Stock Show, we are a nonprofit organization. We make our money from, you know, renting out the speedway. We hope generally to break even on the loss to -- or not lose too much money for their -- during Dairy Days. This year we actually hired -- and I think some of you are familiar with them -- Eric Holley to sell sponsorships and he's been very successful and we hope to double, maybe even triple the amount of scholarships we can hand out. One of the big sponsors came on board, TDS Fiber, for -- as our host sponsor, not only do we give out scholarships, but we also help FFA, 4-H kids that go to your state or national conventions, you know, to help them out financially, so they can -- so they can do that. This year -- and we have got several other great sponsors that came on board to help out. So, that brings us to this year. We have got a few new events to add to it. The big one -- and it's highlighted there. It's -- we had hoped to start it last year. It didn't work out. But it would be our first annual Keith Bird Memorial Golf Tournament. I do not golf, so I will be at a dairy cattle show, but I think Mike -- Mike will be there and -- and I don't know how many teams we are planning on having there. Murgoitio: They are signing up really quick. We expect a full turnout, so it's pretty exciting what -- what's being put together there. Bruijn: And, then, the other thing that's kind of new -- you know, we have -- of course we got a carnival coming and our big problem always is to get people to stay in Storey Park, to come to Storey Park so they eat at the food vendors, they spend money at the carnival, because we get a percentage of that. So, the more we can come -- more people can come the better it is for the whole event. So, we added several music concerts this year. Thursday, Friday, we have -- we look for bands that have a local following, you know, so -- I think one or two are actually out of Meridian, but they are out of the Meridian-Boise area and, hopefully, they will bring some people with them. And, then, Saturday most of the day we have got different entertainers coming to Storey Park. The Meridian Parks will put on their cornhole tournament and that's on Saturday, I believe. Right. It's Saturday. So, that's -- that's some of the new things. And, then, of course, the big one -- the most headache for everybody, the most fun for a lot of people is the -- is the parade. Page 28 Meridian City Council Work Session Item#2. May 18,2021 Page 10—— We moved that to Saturday. That was 2019. That went over really well. It did add some additional concerns, but as you can see we got Specialty Construction to take care of any traffic control and every year, like everything else, you know, the price kind of goes up. It went up quite a bit this year and that kind of had to do with the request for Meridian Police to get more -- to do -- kind of do away with volunteers at the different intersections and, instead, have official flaggers there. People seem to pay a little bit better attention to somebody in an official capacity, even though we really appreciate like the Kiwanis that have done it over the years. That's why the price has gone up. And, then, today I found out that ACHD would prefer that those flaggers stay -- we have got a price at three hours. They prefer them to be there for at least four hours, so that would add an additional 750 dollars to the -- to the quote. The issue -- or the problem or the question I think we always have is who decides what's enough, who decides, you know -- obviously, it's not us, because we don't know anything about traffic control, so we asked the Specialty Construction, ACHD, and even more important Meridian Police Department, you know, what is their input, what would they like to see, and that's kind of what we are -- what we are following and, unfortunately, that makes the price -- the price from getting up. Maybe you can talk the parade -- Murgoitio: Yeah. So, what we found is -- we establish every year-- at the end of the year we established what risk we observed throughout the parade and we try and every year better that to where we have less risk every year, but, then, we add additional expensive and costs. So, we had a suggestion with the tape on the parade route to control traffic. We presented that to Specialty, they don't do that, so, then, we had to debate to whether we do it or whether -- you know, we tried to fund it to Specialty, but it really -- we are not qualified to do that, because if any incidents happened we -- we would be held accountable for that and we are not trained, we -- we don't want to do that. So, we came in a situation to where we have seen kids, you know, where we stopped, you know, the -- the throwing of candy, because the candy would land next to the trailers and vehicles and kids would run out and you are constantly having big trucks and stuff trying not to go and -- or stop for kids doing that. So, it's debated of how do you do that? Well, we tried to enforce handing out the candy, but that doesn't always happen. So, we go back and forth of what other things can we do to keep kids safe. So, we talked about the tape. Well, then, who is qualified to do the tape. So, we kind of go back and forth in this deal of trying to prevent people getting hurt, but, yet, also, you know, keep this cost to where it doesn't become out of control. So, there is that risk we try and establish, but we also get input from Meridian PD and, you know, many many other people within the city trying to establish what the proper thing is. So, that's why we kind of put it up, you know, to this point here and, then, we open it up for discussion for the caution tape and other incidents, such as extra flaggers to make sure -- but the flaggers came in when volunteers couldn't officially tell, you know, a car to stop or whatever. All they could really do is stand and make sure they didn't go past the barricades. What was happening is they were driving past it and there would be so many people flocking in and, then, you have cars trying to back up down these narrow tight, you know, back roads in Meridian and, again, it's a pretty big risk. So, we thought, yeah, that's a really good idea, because we have seen a lot of near misses. So, we thought that was appropriate. But, again, it kind of goes into Page 29 Meridian City Council Work Session Item#2. May 18,2021 Page 11 —23 that debate of, you know, how much do you do and how much do you not do and try to keep everybody safe and have a good parade, so -- Bruijn: Yeah. So, I guess one of the questions is -- because both Meridian PD and the Fire Department thought that tape was a really good idea and they seemed to work where it was in 2019. 1 think the question -- and maybe Meridian Police who -- who do you think is the -- the persons or who puts up the tape. Specialty Construction will not do it. Murgoitio: Or who makes the call, you know. Bruijn: Yeah. Murgoitio: That would be the question. And I will say this, you know, the Parks Department, Meridian PD, everybody has done a fantastic job of planning this. I mean we have meetings, you know, weekly right before the event and, then, monthly leading up to it and they are very proactive of being there on time. I know that's time out of their -- their day and we really appreciate their -- and value their time. It's been really good to work with them, so -- I think that was all we had. But those are the things we wanted to kind of ask it, too, so -- Simison: Council, any questions or if we would like to hear from Mr. Leslie on this -- his viewpoints. Leslie: I just had a couple of questions, Mayor. In regards to the tape, is that tape that is going to go down the roadway to prevent kids from coming out too far in the roadway? I wasn't part of that conversation. Murgoitio: Correct. Leslie: Okay. Mr. Mayor, I think that that's something we could assist them with and direct them where it needs to go. They, obviously, know where the risk points are at from the ebb and flows last year or year before and we could assist with how and where that goes. I don't see why that would be a problem for us. I'm not worried about any risk or concerns from our perspective. That's what they are looking for in guidance and where they want that to go. Bernt: Mr. Mayor, I don't think they -- Simison: Councilman Bernt. Bernt: I don't think they were looking for guidance. I think they were more looking for who's going to do it and who is going to pay for it, so -- Leslie: Oh. Page 30 Meridian City Council Work Session Item#2. May 18,2021 Page 12 of 23 Bernt: So, I -- my opinion is that --that's a massive expense. Isn't--you know, I get there is always risk and reward, but isn't that like the parents' responsibility to watch their kids on the side of the road? I mean that's the best solution. I mean, parents, watch your kids. There is a parade going on. There is moving vehicles going in the road. Watch your kids. And if that can't help -- I mean I just don't -- I find it hard to pay for that. At least the city. I -- that's just -- that's -- that's going to be a massive expense, whether it's time or resources -- I guess it's the same. Maybe another idea would be to have maybe a couple people that enter, you know, for every float maybe have a couple people, you know, that -- that's provided by the -- you know, the individual entry to have people watch the sides of their vehicles to make sure that, you know, kiddos are safe and there is no one out -- you know, running out in front of cars or behind cars or so on. So, that's just an idea. But that's a big -- that's a -- that's a big cost and, honestly, I don't know if tape is going to stop a kid from going to grab a piece of candy that's --you know, that's three feet in front of them. I don't think they are going to stop at the -- at the -- at the tape line when that piece of candy is afoot beyond it. I think they are going to -- I think they are going to go after it regardless if there is -- if there is yellow tape there. That's just my opinion. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I was at a couple of the meetings where the permitting processes went through and the Ada County Highway District is very opposed to tape for similar reasons as Council President Bernt had stated. It really doesn't effectively prevent people from crossing it and, secondarily, it doesn't assist sight impaired people that are out at the parade, because they can't--they can't see it, so they, obviously, get tangled up in it or they can step into it. So, they were not supportive of tape as a -- as a means of crowd control. That they like, again, having volunteers. It hasn't been as effective, because people sort of ignore volunteers. People that look like they were officially part of security of some sort for the parade, flaggers and those kind of things, people tend to give them a little bit more authority. So, that was kind of why they wanted to have flaggers instead. Barricades. Some types of bike racks and things like that as barricades were better impediments. We didn't discuss having people, essentially, as sort of runners alongside of the floats, but I mean that does sound like a -- that could be effective. I don't know if -- again, if every one of the entries has the ability to do that, but it certainly would be helpful to have that. That might be a better use of volunteers, because they are really just kind of protecting the parade itself, not trying to control the crowds in the street. But they were definitely --ACHD was definitely opposed to tape. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mayor, maybe another question for Hans or Mr. Nary is -- I was under the impression the Highway District was requiring the tape. So, if the Highway District isn't supportive of it, is it the City of Meridian that's requiring the police tape? Page 31 Meridian City Council Work Session Item#2. May 18,2021 Page 13—23 Bruijn: It was suggested by the Meridian Police Department in 2019 to try candlesticks and tape. We -- they ended up not bringing us enough candlesticks and not the entire parade route was covered. This time in the quote it gives -- there is like 300 some candlesticks. The tape we would have to buy separate and I believe we paid like 250 dollars for that in 2019, but -- but you are correct ACHD was not -- was against the tape. It was Meridian Police and Meridian Fire said it would probably be a good idea is what they said. But it does create a lot of extra work. Who --who puts it up, who takes it down, because you got to follow the parade right away, you know, taking down the tape, because as soon as the last entry goes by, you know, people -- and you are correct, it will not stop any kids. It's -- they see it as a suggestion. Maybe. Bernt: If they see the Hubba Bubba they are after it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Your intention is to stick with having people hand out the candies, though, and not throw them? Do you think that that helps? You will stick with that at least to try to keep the kids from running in -- and I think that makes sense and it seemed like that was effective -- more effective. Do the best that we can. Yeah. I don't think the tape -- the tape doesn't really sound like that workable of an option. So, watch -- you know, parents, please, you know, make sure you are watching your kids, too. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So -- I mean having started my term on Council on January 2020, this is a brand new conversation for me and I was wondering if there are particular areas along a route that -- that happens to just be kind of problem areas where we might be able to utilize some of those suggestions in just particular spots that are more narrow, perhaps, or where there might be safety concerns versus other areas of the route? Bruijn: Yes, there are. In downtown Meridian where the -- those center flower -- those big flower pots are, that has become quite a problem for the parade, because we have to, you know, guide them to the right -- everything gets narrow, then, the people -- they just crowd in onto the street. So, that is definitely a section that we have to watch and, then, there is a few crossroads. We -- one of the things we have done and that worked really well -- we are coming out of the speedway onto Main Street, we have made that a no candy zone. The problem was -- because we -- you know, we have some big tractor and trailers that are moving into the parade route there and there is nothing worse than people, you know, crowding and -- and you have to really watch those -- those kids along those -- you know, those big tractor and trailers and that has really helped. We did that for the first time in 2019. So, we will keep doing that. Page 32 Meridian City Council Work Session Item#2. May 18,2021 Page —of 23 Cavener: So, Mr. Mayor? Simison: Councilman Cavener. Cavener: I hate to keep belaboring the point about caution tape. I -- I take the recommendations from our Police and Fire Department serious and I think the Council summarized it, we are not going to get in the way of a little kid and a candy bar, but I'm curious if Police and Fire have any other alternative suggestions where we can meet the community safety needs, but also maybe -- again, I'm not an expert when it comes to this and it may be more operationalized to make it a little easier for the Dairy Show Board to deploy. Simison: Well, you took the words out of my mouth. I don't know how often Council wants to start getting into making determinations about where we are putting that caution tape for community events in Meridian. So, I really think this is an appropriate conversation really between the applicant for the parade and our public safety, personally, but I think it's been an informative discussion. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To tie a bow on that point, kind of wrap it up, I agree with all the comments. I think that the tape is more problem than it is intended to solve. Councilman Strader's comments, applying the rule of walking, not throwing, seems to be a good middle ground solution to make it as safe as we can. Parents -- parents watch your kids. Be safe. And the float participants can also take a little ownership and help that endeavor as well. So, a personal responsibility everywhere. For today it -- and maybe that's coming next, but isn't there -- I recall the ask, the financial contribution, and if the tape is not part of it, maybe that's the next piece, but -- Murgoitio: Mr. Mayor, yes, that's -- that's part of why I threw that in there is because it's the debate of whether you approve the price at Specialty's bid that they put in place or you leave it open to a budget in place of the bid, so we have some flexibility to work with Meridian Fire and anything that comes up between now and then. Simison: Mr. Leslie, do you -- or recall what the amount is in the budget? Or Brad. I think that there was an e-mail this week I was searching for and it did not pop up. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: I did reach out to Todd Lavoie, our CFO, before the meeting to verify what the current budget is and the current budget is 5,000 dollars. The only thing we have ever paid for is the traffic safety plan. So, everything else has been absorbed through budgets Page 33 Meridian City Council Work Session Item#2. May 18,2021 Page ——23 -- our department budgets for overtime and the fee waivers are already in place in code. So, we have currently budgeted 5,000 dollars for this. Simison: So, Council, I guess that's what you are being asked, if you are wanting to do more than what is currently in the budget for this parade or not. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: For 2019 -- remind me what we did in 2019 -- I guess the last time we had a parade. Wasn't it -- wasn't it a sharing of those costs, which led to the budget figure? Nary: So, Mr. Mayor, Members in the Council, in the packet a breakdown in a memo. So, in 2019 there was a 6,000 dollar cost for the traffic control plan. The price had gone up slightly from prior years, because of the change of the route, and so there was a little bit more necessity for some barricades, some of the other things we have just talked about. So, the price was up and I think it would be just a smidgen under that 1 ,600 dollars or something like that. The other costs associated were the staffing, the overtime, the fee for the permits and things like that. So, the total city contribution, including the budget for the traffic control plan, was $11,015.86. But, again, most of that was absorbed through overtime. So, the only hard cost was the cost of the traffic control plan. So, it's asking for, essentially, a ten thousand dollar budget for this year. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A budget request for the same effective participation from the city is we cover those hard costs. It's the hard costs have gone up form 6,900 to 8,900, is that -- Bruijn: That's correct. Borton: Okay. Bruijn: In 2019 the dairy board paid for the extra flaggers from a different company and that was about, I believe, 13, 14 hundred dollars, because that was kind of a last minute deal that Meridian Police said we really need more professional flaggers there and it was not in the original quote from Specialty. So, that's why -- it's in there now. Murgoitio: We footed the bill last -- or in 2019 for that. And, then, we -- but -- because we didn't get it in in time for approval for you guys beforehand. So, we came forward beforehand this time to be more forefront. Simison: Council, additional thoughts, comments? Page 34 Meridian City Council Work Session Item#2. May 18,2021 Page ——23 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: My comment -- I think the Council has said that we have been supportive -- this being an historical event to support the traffic safety or the public safety element of the parade, recognizing that we knew the cost would eventually go up and not down. I'm supportive of this -- this increase. I guess I just don't know in terms of -- if the rest of the Council feels that way what that process would be in terms of do we need to do a budget amendment or how that would -- how that would need to work out. Simison: Yes. If that's the direction. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think I'm in favor of it. I mean this -- as this parade grows and as our community grows it's going to get bigger. I -- I don't see -- I support the budget amendment to cover the difference. I don't have a problem with it. Simison: From a practical standpoint can we ask the police to put into their budget for next year an amount that we think would cover costs and not come back to do it or do you want to have this conversation every year about what the increase amount of Specialty Construction is? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A question that I was pondering -- pondering myself. I think that as part of our budget process this year if we want to increase that amount to -- you know, from 5,000 to 9,000 or 10,000 to eliminate that need for the Dairy Show Board to come before us, that said, I like hearing from the Show Board and hearing what they have got lined out, whether it's either before or after the event, so regardless of the direction we would go I would still hope that we would have a mechanism in place that we could hear from the Dairy Show either before or after Dairy Days. Simison: Okay. So, with that, Mr. Leslie, if you can work to bring back a budget amendment with your team, since I hear you are going to be here with us the next two months, so it will probably be yourself next week. Leslie: I can do that, Mayor. 16. Finance Department: Impact Analysis of House Bill 389 Page 35 Meridian City Council Work Session Item#2. May 18,2021 Page 17—23 Simison: All right. Okay. Thank you. Next item on the agenda is Finance Department. Impact analysis of House Bill 389. Turn this over to Mr. Brad -- Bernt: Purser. In the house. Purser: In the house. And I brought my fancy binder, too. Thanks, guys. We are here to talk about House Bill 389, what the impacts of that to the city are. I believe that begins with our forecast, what we have -- we have built into it. You -- I believe you guys have received an e-mail from our CFO Todd Lavoie, which, basically, says in -- you know, back in January when we balanced our next ten years CFP, that we did it based on a really conservative forecast. You know, we heard from Bob McQuade and as a result of that we were increasing our revenue. So, the bottom line -- the impact of HB 389 is -- is not a negative one for us, because we have a conservative forecast and as such we are actually increasing the revenue -- I think by about 2.3 million dollars over the next ten years, 280,000 in FY-22. As a result of that we are not proposing to take the three percent, because we are reaching that. Just a little gap in 2022. Simison: We will hold off on that part yet. We got to see the numbers. Purser: Yeah. When we get more information we can, you know, bridge that conversation. But the bottom line is we are actually increasing our revenue projections based on what we are hearing, so -- any questions about that? Simison: Council, if I -- if I could just add in, before we go onto some questions, from a practice standpoint is I -- I believe in -- in looking at this -- so long as we are willing to stick to where we view growth as a priority in our community we will be able to provide services with what we have planned in the CFP based upon what 389 is forecasting for us. There are limitations. I mean in theory we are limiting ourselves up to 1.5 million that we would not be able to take this year because of the bill. So, it is changing what our ability is to go out and if we do need additional revenue, especially if we take on additional growth in areas where we were not planning to do so. So, I think this is really-- you know, I have had conversations with several other mayors who have taken much different steps here in the valley or are considering additional steps, both -- maybe how they look at development today, what type of conditions they place on development in the future, and -- but if we keep an eye on where we grow and how much, because that's really what will become. If we start seeing abnormal growth years, much higher than was projected, that's when we really would need to be taking a look at where we are, especially if it's not in-fill. If it's on the -- the edges and it's coming in much more -- much faster than we anticipate, but we have done a good job of generally predicting the last several years to kind of see where we are going. The values this year is really what threw this in a different area. As far as our permits, the number of homes, number of commercial in the right areas where we can provide services, we should be able to meet our service level expectations moving forward without as much concern as some of our -- the other communities in the valley, which have real tangible concerns. So, with that any questions? And we do have Mr. Lavoie on as well, just to add a little bit more relaxed atmosphere. Page 36 Meridian City Council Work Session Item#2. May 18,2021 Page 18—23 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you very much, Brad, and I appreciate the commentary on the priority growth areas. I guess that was going to be my question would be what are the guardrails to keep us on track so we don't end up in a situation that smaller cities have found themselves in or maybe put a different way, you know, we get the -- we get updates from Community Development, is it going to be possible to get maybe a quarterly report comparing our growth to projections or just some way that we could keep an eye on this to make sure we are not -- we don't end up in a situation like a huge fumble at the end of one year where we have tremendous growth and we find that we are exceeding that cap. It seems unlikely -- like your projections have been really accurate, but how do we kind of like keep a pulse on that? Simison: Right. Brad, I will take that one if you don't mind, because I think it really -- you know, probably the best way is really to hear it from our CFO when he does his quarterly updates to incorporate those elements and if he's -- if he's seeing numbers or values which are beyond the anticipated projections. You know, like I say, the one thing we can't control is what the assessor assesses things at and even when we go through the process each year what we approve or don't when that comes on and I think that's one of the things that other cities are looking at is how do they-- is there a way that they can manage when things come onto the system, as compared to, you know, you approve things, you get extensions and, then, one year everything shows up, how can you do that? But I will ask our CFO to incorporate looking at those as he brings his quarterly financial reports to the City Council if there is anything abnormal in what they are seeing from a growth perspective. Because he is in charge of the growth management committee. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I just wanted to double check, Brad, on this legislation, because there were several earlier versions and it impacted urban renewal and the amount of taxes that once they come back onto the roll that couldn't be taken. I don't think I saw anything in this legislation related to that; is that correct? Purser: Thank you, Councilman Hoaglun. There is a piece on urban renewal, I believe. Maybe it's best if I get back to you on that. I think it's exempt, but I -- we can -- we can get either the financial or the -- the truth on versus me saying what I'm -- what I believe I remember on that. But if you are talking about urban renewal it is addressed in -- in that legislation. I can get back to you. Lavoie: Mr. Mayor? I'm not sure my mic is working. Simison: Yes, we hear you. Page 37 Meridian City Council Work Session Item#2. May 18,2021 Page ——23 Lavoie: Great. Thank you, Mr. Mayor. Mr. Hoaglun, I can confirm that the previous documents that you are referring to regarding new URD, the latest legislation does have a little bit more relief in the valuation of when the URD does expire. Improvements were made from the old legislation to the current. I believe it's still at an 80 percent value. We will continue to look at that as we have our first URD in about five years that we will have to consider, but we will continue to look at it. But the improvements were made to the previous legislation, Mr. Hoaglun. Simison: Again, I think it's -- it's an 80 percent value that does not count towards your eight percent cap. It's a separate calculation. Lavoie: Correct. Bernt: A question. Simison: Councilman Bernt. Bernt: Not a lot to say. I just think going forward we really need to pay attention to our growth and -- and where we are growing and really concentrate -- and not like we haven't been doing this prior to, but smart growth is essential. It's really important. And just, you know, with these quarterly reports making sure that we are -- we are in a solid conservative financial position. I think that's -- it's what we have done in the past for decades and -- and I know that going forward we will continue to do it and so -- I met with the builder pack a couple weeks ago and their concern was we -- you know, that we -- I think we owe it to the development community and to the builders and our partners to make a decision, to make a sound decision quickly and to be consistent in that -- in that decision, just so that they know where we are going and they know what our direction is. So, I think that's -- if we can just provide some clear concise direction this evening that would be really appreciated to many. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Brad, I don't know if it's a question for tonight or at a later point in time, but we see with some frequency, you know, an annexation comes in and maybe even a preliminary plat comes in and, then, not a lot of action and so how the Council can kind of rectify what has been annexed versus what is going to be built within a year, and what -- again, if any, impacts that has on growth and the property tax calculation. I think Council Member Bernt hit the -- hit the nail on the head. We need to be probably clear and concise and consistent, but understanding how an annexation versus something that's actually being built will impact that I think will be helpful for me. Simison: My -- my advice to Council, based on the conversations, is, you know, I think if we keep an eye towards what some of the other cities are going to be looking at, you know, I think that they are going to be building some -- I will call them mousetraps. There Page 38 Meridian City Council Work Session Item#2. May 18,2021 Page 20—23 is some things for us to look at and we can determine whether or not they provide value in the future and how they are looking at these items and -- and, then, on the second part is, you know, to Council President Bernt's things is like I think if the development community brings us projects that are in areas where we are planning on growing and providing services, my -- for me to them as we can -- we can accommodate that in my opinion, you know, but that also depends on future budget decisions the Council makes each and every year and the services. That can always have an impact if we don't extend certain services or if we don't take the funding for those services. So, it is a little bit of year to year at a time, but -- but at this point in time I feel comfortable in conveying to this Council that we can move forward with the projects that have been before us with -- on their merits about whether or not they are -- now is the right time or not for the city, but it doesn't have to be a postponement on whether or not we will be able to serve them because we won't have the financial ability to access the dollars we need to provide those services. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, I believe what you are saying is that going forward we are going to -- we are going to -- we are going to not pause or take away the pause or eliminate the pause that we have put in place going forward with regard to legislation that was -- that was passed and signed by the governor and going forward with what you said, let these applications stand on their own merit and whether or not we approve them. Simison: So, that would be my recommendation for 6:00 p.m. this evening. Bernt: Yes. I would agree with that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: To follow up on that, we -- we are making plans and looking at two fire stations, police precincts in north and south Meridian -- northwest Meridian and south Meridian. So, it sounds like, from Brad's presentation, that funds would be available to continue those moving forward and if applications are coming for those particular areas and we are looking at providing services, we can, as you mentioned, consider them on their merits for possible inclusion into the city and -- and -- and building. It's just outside of the boundaries of those areas that we have been planning for quite some time is where it gets problematic it sounds like; correct? Simison: That's what my caution would be to the Council at that point in time is extending to an area that's not -- well, it's always got to be adjacent, but you can tell when it's going to be a bigger stretch. Page 39 Meridian City Council Work Session Item#2. May 18,2021 Page 21 —— Hoaglun: Okay. Thank you, Mr. Mayor. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I, you know, think it makes sense to stick to our priority growth areas within this framework and get the quarterly update. It seems to make a lot of sense to end the pause that we had implemented and just consider applications as we normally would -- normal course of business. But I would appreciate an update on the urban renewal piece. I think all of us probably share some concern about that. I just -- we have several that we are considering and it would seem really prudent before we consider those further that we really understand the long-term impacts of the legislation with regard to that specific topic. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: With regard to the urban renewal districts, those -- those wouldn't affect the city, just to be clear, until those urban renewal districts sunset. So, that's what -- that's what does -- the current legislation signed by the governor would implement. Simison: And not to be pessimistic, but I think the legislation signed by the governor when those urban rural districts sunset that will not be what it is. That's just my pessimistic view of the legislature and urban renewal. But that's for a different conversation. Bernt: True. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with my fellow Council Members regarding our approach to reviewing and voting on our applications and moving forward, taking -- you know, taking -- how do state this -- just proceeding as -- as we were prior to this -- this temporary pause. The question I have is is there a way or a method for us to potentially be more communicative, if we are not already, with our projects that are many years out several phases? So, for example, we have a project we are hearing this evening that's nine phases. I would imagine it's probably going to take numerous years and so do we have a way to sort of estimate that -- that cost of service to the city over that period of time? I think we -- we have multiple of these types of projects that are years long, so is there a way for us to sort of estimate those things as we make the decisions on an annual basis? Lavoie: Mr. Mayor, may I? Page 40 Meridian City Council Work Session Item#2. May 18,2021 Page 22 of 23 Simison: You can try. Go ahead, Mr. Lavoie. Lavoie: I can try. Regarding any fiscal modeling that you are referring to, Jessica, I can inform you that there is a Treasure Valley group that is working on a fiscal model that would assist with what you are looking for, but we don't know the success of it yet. It's still being developed. But they are trying to develop a model that will allow you to see the expenditures and the revenues associated to all projects that would help the decision makers to determine whether or not the project is fundable for X amount of years. It's a very difficult thing to do given the vast components of a project, but it is something that we are working on. We do not have anything in our playbook, we just utilize dwelling units, multi-family housing, and population to determine our budget plan and our ten year CFP and we budget according to those needs based on those projects. So, I'm not sure if that helps you, but, again, that is something being worked on by a group within the Treasure Valley team and COMPASS. And we will be providing updates for you as soon as that gets closer and closer for actual use and examples. Simison: And I think just, again, kind of piggybacking off that, I think what you are --what you are hearing is there is going to be a lot of people in the Treasure Valley talking about this issue for the next several years and trying to get their arms around what it means and different sized communities have different impacts, so not everything that one community does is going to be applicable to each, but there -- there will be conversations among CFOs, amongst attorneys, amongst community development professionals, amongst elected officials as we try to navigate the impacts and what this means or what additional impacts mean next year as that may be. So, it's an ongoing conversation and decision process. Bernt: Mr. Mayor, it sounds like we have consent, but one last comment. I -- you know, I made a comment in the statement that I made months ago in regard to the desire of the City of Meridian to have a seat at the table in these discussions, whether it be a working group before this next legislative session or if legislators that represent Meridian or not have questions in regard to how this really affects local government. I wish that -- I continue to ask them to reach out. Our door is always open. We are always willing to discuss and know that we will reach out to them as well. I think that -- I don't believe that this -- this topic is going to end because of what was signed by the governor last week. I think this is going to be ongoing. So, I know that the City of Meridian is willing and ready to have these discussions going forward. Borton: Here. Here. Simison: Council, anything else? All right. Thank you, Brad. Thank you, Mr. Lavoie, for joining us on your vacation. Appreciate it. Purser: Thanks, Mayor and Council. Simison: Thank you. Council, with that do I have a motion? Page 41 Meridian City Council Work Session Item#2. May 18,2021 Page 23 of 23 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 1 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 42 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 4, 2021 City Council Work Session Page 3 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 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 4, 2021 City Council Regular Meeting Page 24 Meridian City Council Item#2. May 4,2021 Page——— Borton: Mr. President, one other clarifying on the motion. The reference that we have had with regards to the carport and their design and the applicant's representations that that be integrated into the motion for approval of the -- the CUP. Bernt: Motion maker agree? Hoaglun: Mr. President, I agree with that. We can add that language that carports should represent the style of development and be reviewed by staff as part of the design review process. Bernt: Does the second agree to that? Borton: Yes. Thank you. Bernt: My pleasure. Any discussion in regards to the motion? Hearing none, Mr. Clerk, call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. Bernt: Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Bernt: Next on the agenda is future meeting topics. None -- none being said, last item on the agenda is -- is adjourn. Hoaglun: Mr. President, I move that we adjourn. Cavener: Second. Bernt: Motion is that we adjourn. All in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: We are adjourned. MEETING ADJOURNED AT 8:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) B EEDINGS) 2021 DATE APPROVED Robert E. Simison, Mayor ATTEST: CHRIS JOHNSON - CITY CLERK Page 72 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bainbridge Subdivision No. 12 Water Main Easement No. 1 Page 73 ADA COUNTY RECORDER Phil McGrane 2021-078846 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 05/19/2021 11:02 AM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Bainbridge Subdivision#12 Water Main Easement Number: 1 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 18th day of MaY , 20 21 between Brighton Development Inc. ("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#3. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON DEVELOPMENT INC. Robert L. Phillips, Chief Operating Officer STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on M y4, 2021 (date) by Bogert r�s (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Chief Operating Officer (type of authority such as officer or trustee) (stamp) 6 Notary Signature My Commission Expires: a 7NotaryPublic AUGHAN -State of Idaho mber 20181002 Mxpires Jun 1, 2024 Water Main Easement Version 01/01/2020 Page 75 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-18-2021 Attest by Chris Johnson, City Clerk 5-18-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-18-2021 (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 Water Main Easement Version 01/01/2020 Page 76 Item#3. 4m E N G I N E E R I N G April 29,2021 Project No.20-145 Bainbridge Subdivision No. 12 Legal Description City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement being situated in a portion of the North 1/2 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the Northeast corner of said Section 27,which bears S89°17'35"E a distance of 2,647.29 feet from a found aluminum cap marking the North 1/4 corner of said Section 27; Thence following the northerly line of said Northeast 1/4, N89'17'35"W a distance of 1,188.00 feet to the northerly extension of the westerly boundary line of Lost Rapids Subdivision (Book 119 of Plats at Pages 18496-18501, records of Ada County, Idaho); Thence following said westerly subdivision boundary line and the northerly extension thereof, S00°42'24"W a distance of 1,058.00 feet to the POINT OF BEGINNING. Thence following said westerly subdivision boundary line,S00°42'24"W a distance of 20.00 feet; Thence leaving said westerly subdivision boundary line,S54'08'43"W a distance of 66.54 feet; Thence S18°07'52"W a distance of 29.48 feet to the northerly right-of-way line of W. lost Rapids Dr.; Thence following said northerly right-of-way line, 20.01 feet along the arc of a circular curve to the left, said curve having a radius of 1,415.87 feet, a delta angle of 00°48'35", a chord bearing of N73°34'29"W and a chord distance of 20.01 feet; Thence N18°07'52"E a distance of 36.58 feet; Thence N54008'43"E a distance of 79.65 feet; Thence S89°17'36"E a distance of 6.61 feet to the POINT OF BEGINNING. Said parcel contains a total of 2,188 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. y1°SAL I S a a A12459a OF 1�A h L. 13 r�.2�.2oL1 Page 77 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\20-145\CAD\SURVEY\EXHIBITS\20-145 CITY OF MERIDIAN WATER EASEMENT.DWG,AARON BALLARD,4/29/2021,DWG TO PDF.PC3,--- Item#3. 0 � I r m V N M D® zp z o N v O ( I I .p 7 0 Ln � O C (D A rn (n C 7 A I M z n r� N I8'0> n m c m 0 0 n F 3g S81 �yd�7 0 o -0 a o oti CDnzo z �S O m -o A I rQ m Z M Z J ED I w co m rn S78'07' O co A o S2 w r Z I J cn . 29.48, \ z z o C'U)n m m u'_o 2 MCL \�• _ °' N M p ONi W �-0 v'.. ccnolvZ < O OCA \� 19 ` C7 rn z O' \ -Zi o00 No CL cn o N � \ VW v 6. CF Z \ • r*I Z r \ / G7 O z 20.00' 1058.00' 0 < L Or S00'42'24"W S00'4224"W LA oo M D s rr z 0 < o m N O OCo CID n "In O3 Q O I A 00 m n o pro a i I m m 03 n z z LN �M m O 2 N0� 0 0 N.Ten Mile Rd. -' N N Cil W rn Ln n Z = ° m EXHIBIT B - City of Meridian Water Easement O O- •-�i �ZN= - Bainbridge Subdivision No. 12 m m N-O Z aa O m v rn O w n m O=<O -na m m 0,< A_ 1-1A portion of the N 1/2 of the NE 1/4 of Section 27 Q)W D N ` z o T4N., 131W., B.M., City of Meridian, Ada County, Idaho A N Page 78 Item#3. 3 N O (q O C o N O O N S �00 oo� SSA bbS� .a+ h h o0 00 3 C N n � C 'w N ti N b Title:City of Meridian Water Easement Date:04-29-2021 Scale: 1 inch=20 feet File: Tract 1: 0.050 Acres: 2188 Sq Feet:Closure=s50.2225w 0.01 Feet: Precision=1/37975: Perimeter=259 Feet 001=s00.4224w 20.00 �73.42�8C�d200 0�35 007=s89.1736e 6.61 002=s54.0843w 66.54 005=n18.0752e 36.58 003=s18.0752w 29.48 006=n54.0843e 79.65 Page 79 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hathaway Warehouse Water Main Easement Page 80 ADA COUNTY RECORDER Phil McGrane 2021-078847 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 05/19/2021 11:02 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Hathaway Warehouse Water Main Easement Number: WATER MAIN EASEMENT THIS Easement Agreement, made this 18 th day of M ay , 2021 between 2168 E. Franklin, 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 0 1/0 1/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the First part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 2168 E Franklin LLC �f a o bneit,Manager ATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on date) by Shannon Robnett (name of individual), [complete the following if signing in—a representative capacity, or strike the following if signing in an individual capacity] on behalf of 219e E Franklin Lt_c (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) .•' C, t14UTAR1,t' tary Signature • My Commission Expires: PUBLIC tip: o. Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-18-2021 Attest by Chris Johnson, City Clerk 5-18-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-18-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Page 83 Water Main Easement Version 01/01/202 Item#4. • I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Exhibit"A" Legal Description for Hathaway Warehouse Water Main Easement April 20, 2021 A portion of Lot 2, Block 1 of Whitehawk Subdivision, according to the official plat thereof, as filed in Book 105 of Plats at Page 14247, Ada County Records, situated in the SE 1/4 of the SW 1/4 of Section 8, T.3N., R.IE., B.M., located in the City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the southwest corner of said Lot 2; thence on the south boundary line of said Lot 2, North 89°37'18" East, 11.00 feet, to the west boundary line of that City of Meridian water main easement recorded as Instrument No. 112117351, Ada County Records; thence on said west boundary line, North 00°23'00" West, 24.00 feet, to the REAL POINT OF BEGINNING; thence continuing North 00°23'00" West, 35.42 feet; thence North 89°37'18" East, 20.00 feet; thence South 00°23'00" East, 35.42 feet to the north boundary line of said City of Meridian water main easement recorded as Instrument No. 12117351; thence on said north boundary line, South 89°37'18" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing 708 square feet more or less. End of Description. Page 84 Item#4. N89°37'18"E 20.00' SCALE. 1"=10' I - I' I 0 5 10 20 1 I I I I I Oj j0 tV I I N O I 10 O O 1 10 O I BLOCK 1 1 m WHITEHAWK P I SUBDIVISION LA I VI I I I I I I I I �1 \SNP S REAL POINT i S89 37 18 W 20.00 i �\GENg�O G,P� OF BEGINNING cc 8811 z ' ' d 9 O o l 0y OF (�� ::�1 20' WIDE CITY OF N S. GCE INST. NO. N MERIDIAN WATER 112134296 01 MAIN EASEMENT PER—~ o i INST. NO. 112117351 I � I i 1 i N89'37'18"E 11.00' 20' WIDE CITY OF I O POINT OF COMMENCEMENT MERIDIAN WATER BLOCK 1 SW CORNER LOT 2, BLOCK 1 � —� WHITEHAWK SUBDIVISION 1 MAIN EASEMENT PER SPARROWHAWK INST. NO. 112117352 i SUBDIVISION I i NO. 2 i I I i 1 \Hothowav Worehouse 21-195 dw Water Line Exhibit.dw a 22 2021 11:24:30 AM � IDAHO LEGALHEBIHIBIB FOR JOB N0. 21-195 SURVEY 99ISE,D HO83704 HATHAWAY WAREHOUSE BOISE,IDAH083704 SHEET N0. (208)846-8570 WATER MAIN EASEMENT GROUP, LLC A PORTION OF LOT 2, BLOCK 1, WHITEHAWK SUBDIVISION SITUATED IN THE SE 1/4 OF THE SW Page 85 1/4 OF SECTION 8, T.3N., R.IE., B.M., LOCATED IN THE CITY OF MERIDIAN, ADA COUNTY, IDAHO 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Apex Southeast No. 2 (FP-2021-0032) by Brighton Development, Located on the East Side of S. Locust Grove Rd.,Approximately% Mile South of E. Lake Hazel Rd. Page 86 Item#5. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: May 18, 2021 Topic: Final Plat for Apex Southeast No. 2 (FP-2021-0032) by Brighton Development, Located on the East Side of S. Locust Grove Rd.,Approximately 1/4 Mile South of E. Lake Hazel Rd. Request: Final plat consisting of 78 buildable lots and 21 common lots on 20.34 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 87 Item#5. E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING May 18,2021 ` DATE: TO: Mayor&City Council E.LAKE HAZEL'RD — FROM: Sonya Allen,Associate Planner 208-884-5533 dE SUBJECT: FP-2021-0032 Apex Southeast No. 2 LOCATION: East side of S.Locust Grove Rd., approximately'/4 mile south of E. Lake .,� Hazel Rd., in the NW 1/4 of Section 5, Township 2N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 78 single-family residential buildable lots and 21 common lots on 20.34 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Kody Daffer,Brighton Development—2929 W.Navigator Dr., Ste. 400, Meridian,ID 83642 B. Owner: SCS Investments,LLC—2929 W.Navigator Dr., Ste.400,Meridian, ID 83642 C. Representative: Mike Wardle,Brighton Development—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 plat(H-2020-0057)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots has decreased by one(1)from what was shown on the original preliminary plat;the common open space area has increased from that shown on the qualified Page 1 Page 88 Item#5. open space exhibit approved with the preliminary plat. Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. The proposed emergency access exhibit in Section VIII.E has been approved by the Fire Dept. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 5/1/2020) APEX SOUTHEAST SUBDIVISION PRELIMINARY PLAT Ew P R ei ulNnxv rin..n.a A PARCEL OF LAND SITUATED IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, n ..m.... TOWN51i IP 2 NORTH,RANGE 1 EAST,CITY OF MERIDIAN,ADA,COUNTY,IDAH❑ _ —W w �a `� m wwm�sa xrEw'r . o LLULNLI C F - • sr iiy..ami o •IQ - • 0 0 oa p Q • - a E • APE%SOIliHE4Sr S.1BEINLYION d��� �'�`W'm"'``p • MERIDIAN,IDAHO gqvvxxxx CO,ln fX!!� •....i.... FEE: 9H GMT PP1A Page 89 Item#5. B. Final Plat(dated: 4/9/21) eR�qP Plat of Apex Southeast Subdivision No.2 31 32 A pawl of Hnd skuated In a prutlpn of GovemmeM laR a Ind E.Gke Hamel Rd. the 5eotl-1/4 of the Northwest 1/d of S-1-5, Ren kak:1'•l00' 6 5 T_11lp 2 Noph,Rlege 1 East,fl.M.,City of Meaidlan,Ada ants,Idaho m1 Sheet Index 91FEi 1 -OSEWi 9J�SUIIMN 0.PA 1a r5 It4U'w] r�13I f4 ra ! ] &OLxr] r a -o[rla.Nm lov Age.So 11 9(E!3 -oerxl Nm rw wo uH[/uTm¢rneu's g SubdWlEloll No.1 19 NW5Y42'E 1.ow S g NeySE'uR 116 00' sir a -LQmfailtt OF tlRNER3 iWL NRH r s n 3o0'Hl'S5"E 19 Noo'o1'431Y � �3 -LERIIRILltt3 AVO APPR2l'x.3 0 0 0 120 6LOCK 9 1mGG' HL[ICT 'fJ �3' V' V [eEHd } ib fnu o BPa159 w RS NT E.SpIreSt $ G Rnuw s1e"REdW IuuxEp Sue lxua' ® U.—xplEp PrHErlRRE l'1 f➢YM 1/mRf IAHMEO'fle 1aaRB O Q Q m t z O D O aaqq S �yy • u 11�-,V!�- RASnC W ` Heas3'u"E�Ya.t: E MotleySt '� i e �� � SR I/2'REbA wIM PJS}rL[M 0.E'RREa iNe 12aSa' 0 0 oe © o ! e rxcvuaEa whir,uorware rowp oR ssr Q © [L*u1R,1am E.Ambld-3t. 5.Wpalone Am. 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ReaxRR of suRRsv N..sow.rsmrns x Id.wuNn,lawn. ® a JnpM. $ uuavE rulE � b pus Baia erRa�l � $Irn�ey0.�rrRthe © t!RlYE awo' afx IYaS'�3""4TH'xll ap,ir' RLIXKIa n 9�.R.�6 B.EE•D I�arC�6nRC i�v U>s xG�eoru�4�gxll5im N r3 Ll n nNOaa KWk"nWnW foA m Bx No]�NImS>11erE�iloII XR� 4TI�' is slo�l Iaxmn q) F d� V ems!• M �R(nEl 1.29' �• rysir22'ig'w9 yy3� e0.tI1' �[.ehL� ign u [NGIH![0.1NG Oevelaper e ae Brightor Corporation maddlan.Idaho Page 3 Page 90 ,:��'�°'" �' :. .,• AAA"' ®���A�m 0©® WEE _ 00®0C --------------- 0 M,W, %/ / A�// A�//a ' �/j• %' / �i % �®®��®® AIIIIIII %` i�. �® / :�.�� ®® Asa®© r T ---------- V/A PIP o®®®mm ®� iF/ 00©®®® �- �� - s "S 11 i v ° IIIIIIII AIIIIIII � IA\ aoi i . aig�o'tr p — Item#5. i Q . 1 1• 1 1 1 1 1 F. 11 LANDSCAPE PLAN 13.0 —all IWRI-113- b� Ito �9 M ZI--- m� MW _m 11 Alm=Es = §� 4 im- La.0 Page 5 Page 92 Item#5. D. Common Driveway Exhibits BVILDING p DRIVEWAY FOR LOT 33 BLOCK 3 BUILDING ENVELOPE- TO BE LOCATED ON THE OPPOSHE ENVELOPE. TYPICAL A SIDE OF THE SHARED COMMON TYPICAL. .: DRIVE PROPERTY LINE LOT 34 OWNER 5 RESPONSIBL FOR INSTALLINGE ---I M a =TI_ 4PI— A9nl AND MAINTAINING NC f SIDE LANDSCAPING10, FS SIDE AND IRRIGATION ? , n 12' N THESE ARE0.5 -�.�. .� 2p. 12' H � LOT 25 IS A `'/ I 33 Q m n NON-BDILDABLE Z g xx nl COMMON LOT WITH A BLANKET _ I O M INGRESS/EGRESS GARAGE E.AMBITION ST. . _ - 7 EASEMENT IN _ 2 Z FAVOR OF LOTS ! � SIDE _ ~¢ O 26 AND 27, FAT °' ° 2 O Z O BLOCK 3 1'SIDE J :: /,y tG O Z y 24 - 1'1 T SIDE a ry C 3 ` SIDE 12 C7 I � ' nM O "' 12 LOT 36 IS A 9 W . NON-BUILDABLE W x COMMON LOT i WITH A BLNJKEF BLOCK 3 20' NGRESS/EGRESS _ EASEMENT IN 10'w 10' BlACK3 in FAVOR OF 7 ISIDE J _ LOTS 34 N H' w � �SIOE J S5,BLDCIC 3 W 37w W 4 SIDE — � FRDHT GARAGE 12' km E SPIRE S'i. a , 12 }U ® A 35 ENGI N[EI I I 74 IK.� erg na �$IDE L -L$IDE J LOT 27 OWNER y •e.l --- a— �� --�-- 1 OF 3 15 RESPONSIBLE DRIVEWAY FOR LOT 28 BLOCK 3 FOR INSTALLING TO BE LOCATED ON THE OPPOSITE N�u� AND MAINTAINING m 510E OF THE SHARED COMMON �EOF]4 4y. A NG m DRIVE IJ E PROPERTY AND IRRIGATION P CQ AHO AND IRRIGATION c,SRY IN THESE AREAS s m -16 I'=3 2428,BLOCK 3 LOTS'WHEN P BLOCK 3 l�w]/J 1 =30 WHEN PRINTEDAT I1 x17 =36'WHEN PRINTED AT 11%1T �OlpQ Page 93 Item#5. BI ILGNG ENVELOPE- TYPICAL. — — 25' SEWER EASEMENT fD ry 12' 25 w GARAGE Z 2 Y U z FRONT ~0 9 SIDE f W 7 m a W H Q O N O 2- SIPS 29 12' 26 17g. •` Q Q 120D' LOT 24 I$A NON-BDI LOPBLE COMMON - d m W LOT WNH A BLANKEL INGRESS/EGRESS —�?— BlDCK7 V f` AND 2, IN FAVOR OF LOTS 25.26 SIDE AND 7 BLOCK 7 — 6 24 r F SIDE _ All w 12' 27 _ 20• I —'�SIDE— J .1 ' E-SPIRE S. lkm SIDE ENGIN EEIING 12• 28 16• sir ZO' m 'L LOT 27 OWNER IS RESPONSIBLE FOR INSTALLING AND "SIDE T MAINTAINING LANDSCAPING AND IRRIGATION IN THFRE AREAS 2 OF 3 DRIVEWAY FOR LOT 28 BLOCK 7 N TO BE LOCATED ON THE OPPOSITE Iv �N1 510E OF THE SHARED COMMONFIQy DRIVE PROPERTY LINE ti F .4 0 7 ` 455AY S w= m LOTS 23-28,BLOCK 7 165 c 1 =30 WHEN PRINTED AT 11%17 Page 7 Page 94 Item#5. DRIVEWAY FOR LOT 3 LOT 4 OWNER IS LOT 7 IS A s LOT 1$IS A LOT 21 OWNER IS BLOCK 11 TO BE RESPONSIBLE MR NON-BUILDABLE COMMON NON-BUILDABLE COMMON RESPONSIBLE FOR LOCATED ON THE INSTALLING AND MAINTAINING LOT WITH A BLANKET LOT WITH A BLANKET INSTALLNG AND MAINTAINING OPPOSITE 510E OF T}1E LANDSCAPING ANo INGRESS/EGRESS EASEMENT INGRESS/EGRESS EASEMENT LANDSCAPING A DRIVEWAY FOR LOT 22 SFVRE�COMMON DRIVE 2 IRRIGATION IN THESE AREAS IN FAVOR OF LOTS 4,5. IN FAVOR OF LOTS 19• IRRIGATION IN THESE AR BLOCK 11 TO BE PROPERTY LINE 0 AN 6.BLOCK 11 20.AND 21,BLOCK 11 (7 LOCATED ON THE OPPDsrE 510E OF THE SHARED COMMON DRIVE PROPERTY LINE N po m S.ZENITH AVE. 5 i { 3 a i > { a { > i > i > > j > {� { ~p ri �'_ 5_ZENITH AVE i --- --�— BRIVE - 7-7FS sloE h. ¢ o r1 a { - mod'-- COMMDK ° 9 .n n CO ON �J 4 �, i { i { ¢ o Z b ^2C' 20, Q IVIE - x 10' 10' m <_ a� ern 111 y,•. � �RONT F-- T —1 FRONE FRDNT —7 L 1h r'ARAGE O v GARAGE o 6LOCN Il 'E 4 III GARAGE I II II II II II II II I I ml I ml I ml I I I ml to ml Iv ml ml �+5' 5' �5' �-�-5• F�5' �S• �5' �5• -" r` REAR L '� R ml N READ N REARM N REAR L N RJ,BUIL 3OF3 TYPICAL. YPIC L. ENVELOPE. LOTS'WHEN AND ED AT it BLOCK 11 YP1cA. `"" 1 30 wHEry PRINTED AT 11 17 P�4AyO 455A Y 3 _ �{ 169 Page 95 Item#5. E. Emergency Access Exhibit Emergency Plat of Iina,Rrc3t n uenw B _ Apex pe xxp Southeast o RuantgFh eEaalrs,&t Subdivision uCiryb odfMivniisdlaino,Antl a No. ou m.y,2Access —d TWaipTthe Svh {fa of the Nmhw V4 m :S, Exhibit Id aho Rw Swk 1'•�ar, ffit EIn�a 11a i1 rt �x5oulheau� iB -o au rug uw un uxe/wnre anus T rl°B'!3' 'F I.W' 601vbI0R N0.1 x°y3a'.]'Fn r,�m6,6y eCW'ag"F rtl NW'01'A3 � 9FLx 5 -LFIeRPIRArtS pa)MPROffi.4 ®T 8 E.spresr. 0 mub RRwse cw w xmm l n 6��BfRw w.a,m• Y,6a• uwuw xm6y otxxRws6 T o muxR lia�Rfm wta�m•Ke IabR• o © o m Y o 0 o t x �• az•F � ° �, ® � • SET s/a'R66w;'mx RRsnc w wnxm•rve rz.m• I6'RkEO'ue rYue' M—T) e uuvutEo.uiM,uo,xarc m.R,p:6R '� Ifla xunlRw E.Ambll.9. S.Lapcton[Ave. © RNUEart RUVlm tm M.uERn O T ,cam S8e'S6'1T•W 115.W a .c� /�,� �4 eWxpwr uM 2 � a1�f1 1 �105.H2' 'aT1V aSo.00' ,el Q �s-w m References E.Ader HRFS[. 116AY' RI Bu Swnus, _x Burs © 1 SOPW'SS-[ .x M.CES su6ifv xa wac �M ri_...MYiowo. O Bli YS W IYa.RL SR'� RI.RE D Of SLaYM Hn.T)83.RmORRR U lLrR CgAm',rNll1 Oi Si.WM:t Ha.ltta.a[raaa M IM lAUHM,bnd. ® Q IlnpHlted LYRV(iAF96 IE © � aD $ sM6ev Nenatlxe q)11 R[mROPW NAx a 1 im[art p N�IIF..m Re oaN Q Q e� Q0 O qp+••�� k�"'� sTrxxr°s°^%9 rr rxxzfacer s oa Brighton Corporation BCR rrur x>worm edd1�R,mann „,.r�r .... Page 9 Page 96 Item#5. 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-2020-0057; Development Agreement Instrument Number 2020-178120). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the first phase final plat; or apply for a time extension, in accord with UDC 11-6B-7. 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 prepared by KM Engineering stamped by Aaron L. Ballard, dated: 4/9/2021, included in Section V.B shall be revised as follows: References(Sheet 1): a. R1 —Include the Book and Page numbers of the Apex Southeast Subdivision No. 1 plat. Notes(Sheet 3): b. Note#6: Clarify the last sentence of this note. It appears that"6."is misplaced. c. Note#10: Include the recorded instrument number of the ACHD landscape license agreement. d. Note#11: Include the recorded instrument number of the ACHD public right-of-way easement. e. Note#12: Strike note(not in this phase) f. Note#13: "Direct lot or parcel access to S. Locust Grove Rd. and E. Lake Haze!Rd. is prohibited. . ." g. Note#16: Does Lot 1,Block 11 contain the referenced easement? If not, delete. h. Note#17: Include the recorded instrument number of the CC&R's. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by KM Engineering, dated 4/l/2021,included in Section V.C, is approved as submitted. 6. The rear and/or side of structures on lots that face S. Locust Grove Road, an arterial street, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 7. 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. 8. All fencing shall comply with the standards of UDC I I-3A-7C. 9. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. Page 97 Item#5. 10. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 11. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 12. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8.A copy of said easement shall be submitted to the Planning Division with the final plat for City Engineer signature. As an alternative to a separate easement document, this information may be included in a note(i.e. note#6) on the face of the plat; include language from aforementioned code section. 13. The setbacks and/or driveway locations for lots accessed via common driveways or abutting common driveways shall be as shown on the exhibit in Section V.D(applies to Lots 26-28 and 33-35,Block 3; Lots 25-28, Block 7; Lots 3-6 and 19-22,Block 11). 14. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat(H- 2020-0057) and/or Development Agreement(Inst. #2020-178120)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 Page 11 Page 98 Item#5. Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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 Page 99 Item#5. 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 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 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 13 Page 100 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order 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 101 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 4, 2021 ORDER APPROVAL DATE: MAY 18, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 46 BUILDING ) CASE NO. FP 2021-0017 LOTS AND 8 COMMON LOTS ON ) 7.58 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT THE ) APPROVAL OF FINAL PLAT TETHEROW CROSSING ) SUBDIVISION. ) BY: ERICKSON CIVIL, INC ) APPLICANT ) This matter coming before the City Council on May 4, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING TETHEROW CROSSING SUBDIVISION, LOCATED IN THE SW '/4 OF THE SW '/4 OF SECTION 36, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 1 of 3 Page 102 Item#6. HANDWRITTEN DATE: FEBRUARY 17, 2021, by CLINTON W. HANSEN, PLS, SHEET 1 OF 1," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 4, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Tim Mokwa, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 2 of 3 Page 103 Item#6. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 18th day of May 2021. By: Robert E. Simison 5-18-2021 Mayor, City of Meridian Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TETHEROW CROSSING—FILE FP 2021-0017 Page 3 of 3 Page 104 EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/4/2021 Legend DATE: F-ojecl bmflton TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 �q SUBJECT: FP-2021-0017 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 11-6B-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. Page 1 Page 105 Item#6. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 106 Item#6. V. EXHIBITS A. Preliminary Plat(date: 11/9/2021) 4 F1 E E - E E-EET FW E.EET E T-Tr-HE hIFN'MxWn'I�r+a ,E-E ,E-IE, F"I'vn*blr 16011owLLO w*1 -+TE T E E OIeIOX'CJgr1BCJr5 .'- - ` +� �.. F �'' ,LidAW4911CY '� - .— I��- _ S�• - - 14 WT— r II f � . -r - ,� I __I , � r 1l�I � IF Ef 1 1- ! eel-fir r ♦3 — - _ Fr i ' I"I S-' 4 E I ry PRELIMINARY PLAT (R-8) Page 3 Page 107 B. Final Plat(date: 2/17/2021) NA e Item#6. C. Preliminary Plat Color Landscape Plan(date: 11/9/2020) r LA—f �3rt ti _ sub vtmeT+wT� -- i.oFfl. 7'I TvrA . 11' d IS .. Iy 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+} _r/ZW;L 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 109 Item#6. D. Final Plat Landscape Plan North(date: 2/17/2021) --- — — NI-TkIH I FR'..,TI T lc A l�t� •1 i ExI51 RL.J1;LCl al +f l ,1,Lk .q.L irTrl 2 F'ET-STATION. - EE "'S" 6LH 4FY - G. y,'+f• E1115TWO TREES TO RE-101 IT *Y.-F1-Tt M Op 9 � � fRF! ��. LaNLN�cafR LJ4L+•O d118H�x 1-5M A ' FIi I.S 7TP1 hYk3f'f 1� ��p'' ' t rL -6 3.: I .7 h'VIH.Y4 LAT E',!TqqP-EMGA "'• t r•' /+L,w_�Elrr Ts CCTM ION 7•R5 . ' /.P.}yr�5 5CE LTrI�9HT L3 d�'f I �'•'i -_CRC +f�J. I1*11-j 1— 1. �L7 SFr a- .r3 PAP rT1HFik r.rlrJH I I;: `:;:f13H:•- - t"I`!R. , .'+[' NF.ICiGY+RMA .Lx:,.,. <'_.. - ``.. .. '.: .1•AHI. -,' -� '} PATMAY 97S71!N frfF'. SEM1TIN6/ui[_h 4. "y " Fx15TIN6 TRFP`+TO RFMnIH 1�'P I mo. I.,� � A5 F�'�151C1LE AU1hGEHf li] :.fJ.' I'`a`{ DITCH TILE.PICA Td BE • .: : '. 3-RS -dG *R s M FOR MMIFL+,L — — _ r �'..4• .. '. _�. 3-Fr �� vLsnWSV�R.fr'rV,' f7-fP1 EXOTIFS KEncE li t �� - `�� 31� � +J_TL # �L fi .�, . . ... ... -2 D . 1-FM Ili ¢' -_ •.'.'r}�:.. I L. RL 11K Yll."OVESTAKE ST. I'Al MATCHLINE L2 - -1 1 MATCHtINE L1 80— _ Page 6 Page 110 Item#6. E. Final Plat Landscape Plan South(date: (date: 2/17/2021) MATCHLINE L2 x I 7/ 7 MATCI LINE L1 1a-s 77, ,I �y _ Emsr INS FEW 9-3 I LLJ I - I = -I 9- — I FL-RIhsIER N 6'50LI1?VINYL _ PERIMV-T@F.F'CHGPSEE " DiL4,5111'Li- �i 't}'NT — I I I — '- 1 3 I� � I I � •'•I I I— I g 1 rI 5J YIHYL LATTICE - _Toe Ft ire-NUJ',t91 - 10 WHMGH AREAS - 3EN m t.SHi I B"TTFj" I _ TRIAMPLE ,2-6 — - �-LP 1 1+iHFV1+Y -GP A• •t • tit q. % W.SAWLAGV ST ETU m I -j w -'r 15 i 16-3 j 17-3 i 1 a-3 19-3 2U—.] 21—3 22-3 I- 6:SOLE!ulrrrtl III I I rtRIrE1FR Pk r I SEE C TL 4.51ir L9(r rJ L�H��PE I 2-PY EYPFPF2IfT`rP.b--KP -I z _ -- -t3 -FIG I-1vi I-NS I- 2-6B dtk -=b "R 9{.H ,•I 3tf3 3+t, kF I�iu 7-I 1 : I INS Cz I-HS WS 3sH I _ J 3 Fb• 3-RS .I � f 3R5. r IfWi S..RS }F�a- 1.. —.2-PY �3 .:I .. WR tinyM:7TPi I '4' 4 -R. .. P .. .. — _1 L _ �.:..: - - .. Page 7 Page 111 Item#6. F. Amenity Details �r f �t Page 8 Page 112 Item#6. Common Driveway Exhibit(date: 10/16/20) 4 -. ,, - 13-3 aw a r• *�+� 6� ��S'`M1'� CON GRETETRASH PAD 13 c 14-3. 3 M. , `CONCRETE SHARED DRIVEWAY � � q S { e — _ .. FRONT FRONT FRONT I I I k} I I BUILDING SETBAM I �—BLIILDINGSEII-MKS I ITnILDINGSETBACKS I I I I I I I I 15-3 0 4723 cF —3 17oi SF I I r, m I I I I 10M 5.00' I I 5.00' :•:r: :I... FENCE(TYP,) I I I I I I I I I - - - - I _ I�#_`_�-----� ---- --- --- —_— —--- Am I 1ED z 23-3 3942 SF Page 9 Page 113 Item#6. H. Emergency Access Exhibit(date: 4/5/21) Arl MY +u a 45 J: r._ In9U _m W a as;. LIE _ rem t. 175 x . aM .2 I } - U L t.Off as pia raU__. Iy r I U T *.yp - U RJTURE SrrF-oLcc &S -~l~ - La CT. v, raw"M3T!7 a h%a as 77A� r wt6 i16u+1+ uo -5TM C' 7s9, ass L1. J-- T-- IDM'- Ipq M r %I dye 5 r / 3 �} Ac - +oucG- �--• � c I I g ' FLN n w l l2 au I �xxf cllp C7a 90r� P�okvn��� All ! EiLopS 14.N41ESr+urE ST, ' I _ ci %� I a6 'L-- J, tiSpi - ._lCTS. .-, ~. .nzr T. -I s 8' CD ` - aaaaUUYM - 5 Mh .9e,¢P'- 1 - r--{-ftl93Y3Ya •7 F IF,-I nw C) �.,� i t 1 Ila d1 fiU I g1 In �i 9LGCIC S e ..n v xera:'3Yrx „ I '. � , --+ -a�k9i i -�-- � x!S'afsr p r - W S�4HnAG0}T --- rll JFE 3rrE ACuESS CIF 191.q a{ y VA, {}.UI' 13.01tiol�' 10 r i'J',r 1;5,�.•w �:r. -- ., r "r`G �.. .r�, Ila i. II I f` I eLoi E a MM 4 al irl' al ar r Sdtl'c19R r�ar; � 4+ AB - oor _ NS9'45'02'W MP-U erHT- -M Ifx '. � 'f t..,EA.r ', w: wG'T lib. MIF.-dEl#ES 4•- ' Page 10 Page 114 Item#6. 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 11 Page 115 Item#6. 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 116 Item#6. 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 11-1-413. 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 proj ect. 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 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. 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 117 Item#6. 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 118 Charlene From: TimK4okwa <tmokwa@havden-homes.com> Sent: Tuesday, April 27' 2O21 2:30PK4 To: Alan Tiefenbach; Adrienne Weatherly; Andrea Pogue; Bill Nary; Charlene Way; Chris Johnson; Ted Baird Cc: Bill Parsons; Ross Erickson; Eric Scheck Subject: RE: FP-2O21-OO17TetherovvCrossing Final Plat �::'XteirinmU Sender'Please use caution with links orattachments. Thanks Alan. I have read through the report and the conditions of approval. I have no objection to any of the conditions. TimK8okwa 208.869-9786 fl I A"I Y I'll,D I'll E I'll N, HOMES From:Alan Tiefenbach <atiefenbach@meridiandty.or8x Sent:Tuesday,April Z7, ZUZ1Z:Z9PM To:Adrienne Weatherly<aweatherly@meridiancity.org>;Andrea Pogue<apogue@meridiancity.org>; Bill Nary <bnary@meridiandty.or8x; Charlene Way<cvvay@meridiandty.or8x; Chris Johnson <dohnson@meridiandty.or8x;Ted Baird <tbaird@meridiandty.or8x Cc: Bill Parsons<bparsons@meridiandty.or8x; Ross Erickson <ross@ericksondvi|.comx;Tim Mokvva <tmokvva@hayden homes.comx Subject: FP'ZUZ1'UU17Tetherovv Crossing Final Plat [CAUTION]This email WAS NOT sent by a Hayden Homes employee. Do not click on links or open attachments from this sender unless you are expecting them and know their content is safe. Call the sender to verify! Attached is the staff report for the final plat for Tetherow Crossing Final Plat.This item is scheduled to be on the consent agenda at the City Council work session on May 4, 2021.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at4:3U pm. Please call or e-mail with any questions. |f you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office ( ) and meassoon as possible and the item will be placed on the regular meeting agenda ata subsequent meeting for discussion. A|anTiefenbach | Current Associate Planner City of Meridian | Community Development Dept. 33E. Broadway Ave., Ste. 1UZ, Meridian, Idaho 8364Z Phone: ZU8'489'U573 | Fax: ZU8'489'U571 z Item#6. Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2 Page 120 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Creek Subdivision No. 5 (FP-2021-0027) by Brighton Development, Located at the Northeast Corner of S. Wayfinder Ave. and W. Cobalt Dr. Page 121 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 5/4/2021 ORDER APPROVAL DATE: 5/18/2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF ONE (1) ) CASE NO. FP-2021-0027 BUILDING LOT ON 8.3-ACRES OF ) LAND IN THE R-40 ZONING ) ORDER OF CONDITIONAL DISTRICT FOR TM CREEK ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 5 ) BY: BRIGHTON DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on May 4, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING TM CREEK SUBDIVISION NO. 5, LOCATED IN A PORTION OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 5 FP-2021-0027 Page I of 3 Page 122 Item#7. 3/29/2021, by AARON L. BALLARD, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 4, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 5 FP-2021-0027 Page 2 of 3 Page 123 Item#7. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 18th day of May, 2021. By: Robert E. Simison 5-18-2021 Mayor, City of Meridian Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CREEK NO. 5 FP-2021-0027 Page 3 of 3 Page 124 Item#7. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 5/4/2021 Legend ;. RUT R'4 0 DATE: ff _ ( Project Lacfl-Ran TO: Mayor&City Council , R, R-8 FROM: Sonya Allen,Associate Planner -15 RUT R1 208-884-5533 C-N ' — L SUBJECT: FP-2021-0027 R RUT R R TM Creek No. 5 IRU. R- "R - LOCATION: Northeast corner of S. Wayfinder Ave. 40 C-C R- and W. Cobalt Dr., in the NW '/4 of - Ru T11 _Rw Section 14,T.3N.,R.1 W. (Parcel #S1214212802) IL ONM R1 RUT 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 11-613-3C.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. Page 1 Page 125 Item#7. V. EXHIBITS A. Preliminary Plats(TM Creek PP-13-030 &TM Center H-2020-0074) rear j 07i ilk � I '�'''�� _rr��_—x�i �\4 .�rm.u�k a �s� a � v1 Ar•... 9 I�v - A,• IaI (BI L --�s � TFaarl�cecnR --x----x ` B BLOCK ur�APM1T mx eM�=�m�d r N°TAPME ♦� �- ___-_ ' uNPwTN-o � 1 II rvrvrEwxravm'n KELLER + TM CREEK PRELIMkNARYPLAT zoe04T-6 BRIGHTON -- -=,r MRIPORATION SITE LAYOUT 201 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 O O O OO r � � ixouoroxxwixra __�__ II__ .....e•«�_sa A_,r xu mew r-- .r....«.o.• .riw®a ® ®'.,,®. � ® __�__�__�- i xr� menx moime �? O ® C9LIZ o O O O OO O 0 It co rp � OO TMCENIERSUB-51014 e o �'M MERIDI0.NNIBAHO isa� iP�H y EP�i PP1.0 w Page 2 Page 126 Item#7. B. Final Plat(date: 3/29/2021) Plat cyf TM Creek Subdivision No.5 msE lNe PaISRtNu ia.>>:�o.aD.l..as a5orM-011NeN-h 9/9 of the N.M—.1/4 of Sectlon 14, vhn sok.]•.w Tornuhip 3 North Range 9 west&M.,CIETaf Mnldian.Ada County,Id" I 71171 SHEET IHPIX TM CIHN I1nptm.d ste:sT t-suepx5wx anT + SYUAl1ANON N0.4 J ien Mlle Oren[pnfHPEGc��am-arz n mxera aro r�orzs I ! 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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 MEIMU UNETA&E 1xs xwax[e Slas amen Ism 1� _ __ <3 aeiuP 1naN T ea'A- I�tw'+11r M10' fi xns ue ee�unTiErtu gJxro�.ne:KW Ps v'nE ]oM °i+BO on'e,w ]aa °�tw• '" _ 3.3R 90'LI F x°RRn UIf4 0 Lt wTS�>Oti t i]r+5'Sx�. c fNEa' alEx' JxY55- nrlvE.v !A esmBo uvt mono ssTlBsSs*s E L n axur Iurcal. �.� CS Eyem' esna' yEI'xY nIYTo�W -11 u a55ro �l x gartcaTe m.m REFERENEES a rati �,y CO .m.m' .e.Td vsE'xY wSYaaw.am t REttno or Sumer xa ass5 rawrae or ea cwarr Invu m m Es xzot'aYy . 5olt1 ta+0 ]]"eT' 31.ED' Wi s]s nx.aENep Or SYmE'rt.85u, R uu cwalt,vwo. PDO3 ETaW-1].is,fd=.Lfd¢[F an wuxli.wi0. ntaufiri m's Er5 noel]SSE �• r3]w e'! E xfm EM�tin rtRNMrX 0 a-M13 AT u.w a� aa'xE sxSS aaR, malt AS. e[DORD Pe EM�E�w a01+. Le.M CNInt, 4wC. P.fcss E»aa-t reu,�axaa[e aat maw,[✓N0. V xpa"]0-iEti 6 9E]."At .. Bsxwo of sSmrx xw wse. a.n[W.eM.INwO. eE. M 1 d S�,N£r W BEBe.sfMeC6 VF.N CWhT[.id»]. a suxr xa oD.e.eemEee aE xxe cwxr.,iwtn. essm o-]r1.• Page 3 Page 127 C. Landscape Plan(date: 4/22/2021) Item#7. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [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 129 Item#7. 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 130 Item#7. 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 131 Item#7. 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 132 Item#7. Sonya Allen From: Mike Wardle <mwardle@brightoncorp.com> Sent: Wednesday, April 28, 2021 3:32 PM To: Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson Cc: Jon Wardle; Bill Parsons Subject: RE: TM Creek No. 5 FP-2021-0027 Staff Report for May 4th Council Meeting External Sender-Please use caution with links or attachments. Yes! . . . We acknowledge and agree with the conditions, as written, per current DA and UDC requirements. The response below was to state—for the record—the rationale for our intent to address Site Specific Conditions 4.b and 5.a through the Alternative Compliance process. Mike Wardle Direct 208.287.0512 Cell 208.863.6150 From:Sonya Allen <sallen@meridiancity.org> Sent: Wednesday, April 28, 2021 3:21 PM To: Mike Wardle<mwardle@brightoncorp.com>; Adrienne Weatherly<aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc:Jon Wardle<jwardle@brightoncorp.com>; Bill Parsons<bparsons@meridiancity.org> Subject: RE: TM Creek No. 5 FP-2021-0027 Staff Report for May 4th Council Meeting Mike—While the previous approval file numbers are noted in condition #1, so is the most recent DA amendment for Ten Mile Crossing with "TBD" for the yet to be recorded DA. As we discussed, conditions#4b and #5a can't be waived or approved with this application; a subsequent ALT application needs to be submitted. Are you in agreement with the conditions of approval as written? If not,this will need to be pulled from the work session agenda and placed on the regular agenda. From: Mike Wardle<mwardle@brightoncorp.com> Sent: Wednesday, April 28, 2021 3:11 PM To:Sonya Allen <sallen@meridiancity.org>; Adrienne Weatherly<aeatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <clohnson@meridiancity.org> Cc:Jon Wardle<jwardle@brightoncorp.com>; Bill Parsons<bparsons@meridiancity.org> Subject: RE:TM Creek No. 5 FP-2021-0027 Staff Report for May 4th Council Meeting External Sender-Please use caution with links or attachments. All, We have reviewed the staff report and conditions of approval, and concur with these qualifying comments: While not likely an issue,Site Specific Condition No.1 refers to prior DA's which are being consolidated into a single, project-governing Ten Mile Crossing DA. - That DA Mod process may be completed prior to City Engineer signature and plat recording. 1 Page 133 Item#7. cific Conditions 4.b and 5.a—Because the project's underlying zone is Residential R-40, the 20-foot Wayfinder and Cobalt collector street landscape buffers must be in common lots. - Technically,that is possible—but not practical o While the site is residentially-zoned,the project is, in reality, commercial o There is no HOA to own and maintain common lots o They will be owned solely by the multi-family project o They will be maintained by the owner as, simply, a "seamless"part of the project's landscaping - The Phase 1 apartment site across Wayfinder is zoned commercial, thus the required buffers were defined by easements o Zoning is the only distinction THEREFORE, rather than plat 4.5'-wide common lots solely for UDC compliance, we propose to address the conditions through Alternative Compliance. Respectfully, Mike Wardle Direct 208.287.0512 Cell 208.863.6150 From:Sonya Allen <sallen@meridiancity.org> Sent: Wednesday, April 28, 2021 12:02 PM To:Adrienne Weatherly<aweatherly@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <ciohnson@meridiancity.org> Cc:Jon Wardle<iwardle@brightoncorp.com>; Mike Wardle<mwardle@brightoncorp.com>; Bill Parsons <bparsons@meridiancity.org> Subject:TM Creek No. 5 FP-2021-0027 Staff Report for May 4th Council Meeting Attached is the staff report for the final plat for TM Creek No. 5.This item is scheduled to be on the consent agenda at the City Council work session on May 4t".The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 VE II� Built for Business, Designed for Living U®©0 13 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request unless exempt from disclosure by law. 2 Page 134 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Whitecliffe Estates No. 3 (FP-2021-0014) by 943 W. McMillan Rd., LLC, Located at 943 W. McMillan Rd. Page 135 Item#8. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 4, 2021 ORDER APPROVAL DATE: MAY 18, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 45 BUILDING ) CASE NO. FP 2021-0014 LOTS AND 5 COMMON LOTS ON ) 12.74 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT WHITECLIFFE ESTATES ) SUBDIVISION NO 3. ) BY: ENGINEERING SOLUTIONS, ) LLP ) APPLICANT ) This matter coming before the City Council on May 4, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING WHITECLIFFE ESTATES SUBDIVISION NO 3, LOCATED IN THE NE '/4 OF THE NW '/4 OF SECTION 36, TOWNSHIP 41I, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 1 of 3 Page 136 Item#8. COUNTY, IDAHO, 2021, HANDWRITTEN DATE: MARCH 4, 2021, by CLINTON W. HANSEN, PLS, SHEET I OF 1," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 4, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Shari Stiles, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 2 of 3 Page 137 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 18th day of May 2021. By: Robert E. Simison 5-18-2021 Mayor, City of Meridian Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-18-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WHITECLIFFE ESTATES—FILE FP 2021-0014 Page 3 of 3 Page 138 EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/4/2021 Legend DATE: �` TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner EWA 208-489-0573 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 '/4 of the NW '/4 of Sections 36,Township 4N.,Range 1W L 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. Page 1 Page 139 Item#8. 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) x omr iIIBT 8H. ha RUT P wlvro 12 y uaa e 71E wPu�lr NM FM OF!xE as sUow.ors— p ea1¢7 m P7wxulav�I�uuu! ���t wdUJN qp. Inwt!m effiwe Ir wer a&!!c�'owa w+w uaJF7� - --- - - -- — - 4ra4 + �1 Q w uz 34 11. `" #. 1 S ten• I ! 1m� 1 ;Iti 1M y I5 !�' ilr p�isf 7 wrw i w in 1 - + ] 111 17 ,I in' S • wy � Qs� - �9. IW 'I m4i. _ i • i.s- 10 II 1 l nq,. iauw �' = wr13 + irsss f It I 34 F +r,+ ill • _ M" ++ Q� M Yr61 - .M+ _ .� II IZ 75 7• r 1i 76 ii 18 79 20 r r rI �,� VWx _wr _ .� I �... 4...• ziMY• _ . bae. _ . i`rn. 4�. _« i '"` I � yv NO • L_ II 4' x Ti+IE iYQ4 IXi Page 2 Page 140 B. Final Plat(date: 3/4/2021) WOMME EST673 M14M W.P SK I is,P&ZS mq-17MI �OKT tF LBAP UWAL BEGMING .77—JUT 7 .74 SIT mm 1 0047 0 am Ir jr? 0970 Of 021r If EIL(XK I? uu$ PY19-45,'y J� Li 47. mw!-e- W.MA ST.. L v- 30 SCE WE ii F!- fie_ II illm'r 25. 6. -17 I" W,79—1 19 NO 4f jjrJ I II F, 29 t 4f of Nn Nf 1`0142 32 J 211 I 11 1 V.�e ___Ww --JW45'55'.- ULM 6 33 near WON 4 0 MMIfE ESTATES SIN w PC 1 27 M15�f � 145, :-j 7 20 BLOCK 13 WZ5 le j 25. M25 9 If 1 IBL K $24 86M BV5 4- j-19F 37 EPL= 4 L... _I a aad' Kati r Z. 23 MV�f 15 1% aaw ,r.__1fty4dZ'N 4% 44 -49 1 22 W -Ilk LIS L12 if TENB7'#655'Yf 1d500 1" alb 'l IE ME FEATHER M jo 1 v MM4%'E 103 F. 42 ow o IHMXFn EMMS MIGUYISIM Q 41 51 111k PAM 1795A-17W -SEE DETAIL. SHEFT 2 MAS if j z 9m 4ir W.SYMY ST_ WTE T IAMG UP Cf NODIAm i ! c 5mrrh sT5—Ur 17.LU . I r P&Th C9 107R 4D ImIT1dFFE EMTE&9.M%196r rift 2 BK—ph75—-— Page 3 Item#8. C. Color Preliminary Plat Landscape Plan(date: 7/8/2020) t— k3s IV. McMLLM Rk *74A-,Ew. 710t, 63 L%XUECAPE lurt.v { ENTF YT InLki� YA'f 1e Y4 J-�J'ryrl�.l TO TICS k 5 O M/PS 221. lw. : 41 d 5 6 a I I �kd { I PM�3 rt,F,' gHA3 �. rams FM rr(pP 14 3 8 14 39 19 Iw FLar�acu 12 E 1° 9�CL'Lr3L5 9 35 F g w9510`a g PKk9E 3 34 I 14 33 I 2v f 7S 7� 28 2p f `4 1� I� 7 —— I '.9 i9 7 !ei 22 g3 11 nx Fh Y r la 3 5 7 B 4 IQ 7 2 3 3 fi a �— S I m WLLrah FAF 6hLDr4N PMWd 'AP.£JI5r1-.r.+J W. h tw=1 1-,,Ir 1 hp t Page 4 Page 142 Item#8. D. Final Plat Landscape Plan North(date: 3/20/21) li - - --- - - -- -c�L--— - -- - - -9 --- -- 6roR__--- - ——— -- I ----'¢------ ---- lid ��. iOLo'.tnti I .r{JR F� F+HSE I.'hF7 I I ° a'M rn1 IP 9 4 I AHTL FEWE E 5 L elrr Ly{rm� MSA — — —' W.TVA ST- ,..0 :.. . .. ill �: I.IH.. .- •t 41 :s�k"•iY1'A F.. .... g' �� I S 8'FR rAm r1HSEE 11 L i. +4. I 1'r 4:xIT �Ir Le:Trr� k +a V•Nil f i 4,I1 I III I F+WA f1TYl f { '. =I I IWI, I I 5 1 .4 }I �. aiiz Lnllr.nli . L� F3 I �€ 12 I LL I 57 I I I I I I BMIEiEH1 k7H - c"bxr1=H l7H xe Hrn�lrn NIT 1 F 117 OIL• aT 131n1:1 I I I } IUF.• 33 I I I 12 . II MATCHLINE L1 13 I M MATCHLINE L2 Page 5 Page 143 Item#8. D.1 Final Plat Landscape Plan South(date: 3/20/21) MMTCHLINE Li j I j e Iiiil QHL7 6 Jill I lii 111 --- I I F�� — I I' li I ii i t I ' 1 1]RlrtlrtVTl Fi1RGL 1-�F1[59.EGIVHILH 1 11 11 11 1 11. BLOCX{ 25 � rtiu rear JJ '. I 3vR ' TD rNi+[w�EP m 5p"' III s T« W.BLUE FEATHERLR ? II - I *IL^4 T r i�- -———y•J>I 'rT LI'��I- - �z: s•x*� ;:'"-fir' / 43 � —Rim-------s. BLOCK 5 lY.SMIIl4YS7 Y9® LFL +! — f _ v �5-IH `yam S��} 4RP- ii Page 6 Page 144 Item#8. 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 145 Item#8. 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 146 Item#8. 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 147 Item#8. 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 148 Item#8. From: Shari Stiles To: Alan Tiefenbach Cc: Bill Parsons;Becky McKay Subject: RE:Whitecliffe 3 Date: Wednesday,April 7,2021 5:28:33 PM External Sender-Please use caution with links or attachments. Alan: Shown below is the motion of the Meridian City Council for Whitecliffe Subdivision. The requirement was clearly removed. Palmer: I move we approve H-2018-0074, waving the requirement to tile the canal, providing the waiver or whatever it would be necessary to be able to make the connection to McMillan. Removing the requirement to construct the micropath discussed on the west side and not requiring the fencing of the irrigation pond. From: Alan Tiefenbach <atiefenbach@meridiancity.org> Sent:Tuesday, April 6, 2021 4:18 PM To: Shari Stiles<Sharis@engsol.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Becky McKay<Beckym@engsol.org> Subject: RE: Whitecliffe 3 Sheri, Attached are the approved findings. This is the record of what was approved. The Council summary of discussion shows there was "no change to the staff/commission recommendations" (Page 6). The Commission recommendations include "Prior to Council hearing, the applicant shall coordinate with the adjacent HOA to see if they are amenable to having a pathway connection to their common lot." (Page 5). This indicates to me that there was some discussion about this topic. On pages 16 & 17, the plat and the landscape plan indicate a connection.This is shown on the approved plans.These are what I must follow. Page 149 Item#8. Perhaps the planner who worked on the preliminary plat did not remove from the plans that the connection issue had been resolved. However, if it was, I am not sure of this. That said, I will include this in the case file that I discussed this issue with you and the applicant is indicating it was discussed and the adjacent HOA does not want this connection. Alan Tiefenbach I Current Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 Built for Business, Designed for Living From: Shari Stiles<SharisPengsol.org> Sent:Tuesday, April 6, 20214:04 PM To:Alan Tiefenbach <atiefenbach(@meridiancity.org> Cc: Bill Parsons<baarsons(@rneridiancity.org>; Becky McKay<Beck)zml@engsol.org> Subject: RE: Whitecliffe 3 External Sender-Please use caution with links or attachments. Alan: That is not a condition of approval, it was part of the public hearing process, and the Cobblefield Crossing neighbors have no interest in connecting their private open space with our pathway. It was part of the discussion and was handled before we even got to the P&Z Commission. The Meridian City Council realized they cannot require a public pathway to be connected to private pathways and open space. Please do not mistake summary and analysis from the staff reports to be conditions of approval. From: Alan Tiefenbach <atiefenbachl@meridiancity.org> Sent:Tuesday,April 6, 2021 3:35 PM To: Shari Stiles<Sharisl@engsol.org> Subject: Whitecliffe 3 Shari, Page 150 Item#8. I'm reviewing the Whitecliffe Estates No 3 Final Plat. At the Planning Commission and City Council meetings for the preliminary plat, a condition of approval was for the applicant to contact the adjacent HOA (Cobblefield Crossing) in regard to whether they would allow a pedestrian connection between Lots 6&7, Block 8 and their open space to the west.This connection is shown on the approved preliminary plat and landscape plan. I am assuming there was some discussion regarding that connection should remain. Did someone contact them?As the pathway was approved with the preliminary plat, unless we have something from the adjacent HOA, this needs to be added to the final plat and final plat landscape plan. Alan Tiefenbach Current Associate Planner City of Meridian Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 1 Fax: 208-489-0571 I1 � Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Page 151 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Seasons at Meridian/Winco Wells Subdivision (H-2021-0007) by The Land Group, Located at 2600 and 2700 E. Overland Rd. Page 152 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the matter of the request for modification to the existing Development Agreement(Inst.#2016- 060157) (MDA)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; Preliminary Plat(PP)consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district; and Conditional Use Permit(CUP)for a multi- family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2600 &2700 E.Overland Rd.,by The Land Group. Case No(s).H-2020-0118(MDA); H-2021-0007(PP,CUP) For the City Council Hearing Date of: May 4,2021 (Findings on May 18,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 4,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 4, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 4,2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 4,2021,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 VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 - I Page 153 Item#9. 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 May 4,2021, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a Development Agreement modification, conditional use permit and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 4,2021, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -2- Page 154 Item#9. 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 11-513-617). 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 May 4,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -3 Page 155 Item#9. By action of the City Council at its regular meeting held on the 18th 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 5-18-2021 Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -4 Page 156 item#s. EXHIBIT A STAFF REPORT Q. WE I COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May 4,2021 �� DATE: f ei Project Lflca Tian -- i TO: Mayor&City Council r FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0007—Seasons at _ Meridian/Winco Wells Subdivision H-2020-0118—Volante Investments LOCATION: 2600&2700 E. Overland Rd.,in the SE 1/4 of Section 17,Township 3N.,Range 1E.(Parcels: S 111743 8626, S1117438451) I. PROJECT DESCRIPTION The Applicant has submitted applications for the following: • Modification to the existing Development Agreement(Inst.#2016-060157)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; • Preliminary plat consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district,located at 2600 and 2700 E. Overland Rd.; and, • Conditional Use Permit for a multi-family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2700 E. Overland Rd. Page 1 Page 157 item#s. EXHIBIT A II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 34.62-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land — Proposed Land Use(s) Commercial/retail(west parcel);multi-family development (east parcel) Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA Lots(#and type;bldg/common) 3 buildable lots Phasing plan(#of phases) 2 Number of Residential Units(type 360 units[(180) 1-bedroom&(180)2-to 3-bedroom units] of units) Density(gross&net) 22.6(gross)/23 (net)units/acre Open Space(acres,total[%]/ 4.15 acres(26%) buffer/qualified) Amenities Clubhouse,fitness facilities,public art,open grassy area of at least 50'x 100',plaza,community garden;swimming pool, walking trails,children's play structure Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of November 17,2020;and January 12,2021 (6 attendees) attendees: History(previous approvals) AZ Ord.#661,661A&665 (1994,Thomas&Wurst Properties);H-2016-0056(DA#2016-060157—Volante Investments) B. Community Metrics Description Details Page Ada County Highway District I` • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access One(1)public street access(S.Wells Ave.)is proposed via E. Overland Rd.,an (Arterial/Collectors/State arterial street;E. Cinema Dr.is proposed to be extended from the west boundary to Hwy/Local)(Existing S.Wells Ave. and Proposed) _ Traffic Level of Service Overland Rd.—Better than"D"(acceptable level of service is"E") Stub E. Cinema Dr. stops 50' short of the west boundary of the site—no other stub streets Street/Interconnectivity/ exist to this site. Cross Access Page 2 Page 158 ►tem#s. EXHIBIT A Description Details Page Existing Road Network There are no existing internal roadways within the site;a curb cut in alignment with S.Wells Ave.on the south side of Overland Rd. exists on this site. Existing Arterial A curb,gutter and attached 7'wide sidewalk exists along Overland Rd.;no buffer Sidewalks/Buffers exists. Proposed Road Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): Improvements • Overland Road is listed in the CIP to be widened to 7-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. • The intersection of Eagle Road and Overland Road is listed in the CIP to be widened to 7- lanes on the north leg,8-lanes on the south,8-lanes east,and 8-lanes on the west leg,and signalized between 2031 and 2035. Fire Service • Distance to Fire 1.0 mile from Station#4 Station • Fire Response Time Within 5 minute response time goal • Resource Reliability 78%(goal is 80%or greater) • Risk Identification 2—current resources would not be adequate to supply service to this project. • Accessibility Meets all erquired access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other Police Service • Distance to Police 1.5 miles Station • Police Response 3:42(Priority 3);7:12(Priority 2); 10:31 (Priority 1) Time • Calls for Service , 3,400(in RD `M751')—between 3/1/19 and 2/28/21) • %of calls for service %of P3 CF5 2.2% split by priority %of P2 CFS 80.8% %of P1 US 15.6% %of PO CF5 1.1% • Accessibility • Specialty/resource needs • Crimes 309(RD—M751 —between 3/1/19 and 2/28/21) • Crashes 134(RD—M751—between 3/1/19 and 2/28/21) • Other MPD can service this area if approved.For more info,see: https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=223900&dbid=0&repo =MeridianCity _ West Ada School District Page 3 Page 159 EXHIBIT A • Distance(elem,ms,hs) Enrollment Ca aci Miles (Der.to Schmi • Capacity of Schools pepper Ridge Elementary 483 675 1.9 Lewis&Clark Middle School 838 1000 2.2 • #of Students Enrolled Mountain View High School 2201 2175 0.9 • Predicted#of students 36+/- generated from proposed development Wastewater • Distance to Sewer Directly adjacent in East Overland Raod. Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Flow added to pacel as part of record H-2020-0118 •No Permanent structures(buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)can be built within the utility easement. Water • Distance to Water Directly adjacent in East Overland Raod. Services • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality There are two long deadends for fire hydrants which may result in poor water quality. • Project Consistent with Yes Water Master Plan • Impacts/Concerns There are two long deadends for fire hydrants that we would rather not have because these may cause potential water quality issue. Page 4 Page 160 � INI ■ ■ � - - � � _'.=���4 .�'�,� PA MON. ■� ■ i F es. -�' � k t. �:r r Y ' - AL ■■ ■■11■ 1111 loss NIII INII all - - _•w R- W i 11111 ■■■� 1�1�1 ■■■ ■ i� ■-- 11 . ■ � INI � ■■ . 64 . �l�E: '�F�E=F� ■ i • • • ••• • 1 • i• 1' • . • • • ' • • 11 . � • • item#s. EXHIBIT A Jonathan Fragoso, Stonehill Morgan—7301 Peak Dr., Ste.200 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/12/2021 4/16/2021 Radius notification mailed to properties within 300 feet 3/9/2021 4/13/2021 Public hearing notice sign posted 3/18/2021 4/20/2021 on site Nextdoor posting 3/9/2021 4/13/2021 V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). The purpose of 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.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). This site will be anchored by a WinCo grocery store,conceptually approved to develop on the west parcel,which should have a regional draw;other future commercial uses will also be developed south of WinCo.A multi-family development is proposed on the east parcel. In the overall MU-R designated area south of 1-84 there are a lot of commercial,office and employment uses but comparatively not a lot of residential dwellings.The provision of multi-family apartments in this vicinity will provide housing for workers in this area and the commercial retail/restaurant and other uses will provide needed services for these residents. When the City approved the conceptual development plan included in the Development Agreement for the WinCo grocery store on the west parcel,it was anticipated that a non-retail use would develop on the east parcel in order to provide the mix in uses desired in the MU-R designation for this area.Although the proposed design and uses aren't integrated as desired in MU-R designated areas,pathways and cross- walks are proposed for pedestrian connectivity to commercial uses.The Applicant's narrative states that existing residential neighbors to the east and employees of area businesses are encouraged to enjoy the perimeter loop pathway and plaza at the east boundary of the site. Transportation: There are no collector streets planned across this site per the Master Street Map(MSM). This site is accessed via Overland Rd.,a mobility corridor,on the south and E. Cinema Dr.,a local street,from the west.This site is approximately a half mile west of the Overland/Eagle Rd.intersection,a major arterial intersection,and the 1-84 interchange on Eagle Rd.ACHD is requiring additional right-of-way to be dedicated for Overland Rd.to be widened to provide a dedicated westbound right-turn lane at Wells Ave.when Wells is constructed to intersect Overland Rd.;a traffic signal will be installed at the Wells/Overland intersection prior to issuance of the first Certificate of Occupancy for the proposed multi-family development. Page 6 Page 162 ttem#s. EXHIBIT A Overland Rd.is listed in the Capital Improvement Plan(CIP)to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 and 2040.The intersection of Eagle and Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. A Traffic Impact Study(TIS)was completed for the WinCo development in 2016 and approved by ACHD.A new TIS was prepared to analyze the additional trips for the proposed multi-family development and has been reviewed by ACHD. The multi-family project is estimated to generate 1,959 additional vehicle trips per day and 158 additional vehicle trips per hour in the PM peak hour based on the Traffic Impact Study(TIS) completed for this development in 2020.The WinCo Foods grocery store is estimated to generate 7,723 additional vehicle trips per day; 555 additional vehicle trips per hour in the PM peak hour and 820 additional trips per hour in the Saturday peak hour based on the TIS that was completed in 2016. The ACHD report states the PM peak hour traffic count for Overland Rd. is estimated to be 1,375,which will result in a PM peak hour level of service of better than"D".Acceptable level of service for a five-lane principal arterial is"B". Transit services are available to serve this site via Route 42. COMPREHENSIVE PLAN POLICIES(https://www.meridianciu.org/compplan): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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 apartments will contribute to the variety of housing types in the City and specifically in the southern portion of the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown,and in proximity to employment centers."(2.01.01H) The proposed multi family development is located along a mobility arterial(Overland Rd.), which is a major east/west corridor proposed to be widened to 7-lanes;and in close proximity to neighboring employment centers in the Bonito and Silverstone subdivisions at Eagle/Overland; transit services are available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other best site design practices."(3.07.0IA) The proposed multi family development will provide a transition in uses and buffering between future commercial uses to the west and existing low-density residential uses to the east. The apartment buildings will be set back over 100'from the property line;with the existing homes being set back on average 250'from the shared property line, this creates approximately 350'of separation.A 25'wide landscape buffer planted with trees is also proposed along the east boundary for screening. Page 7 Page 163 item#s. EXHIBIT A • "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 multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with existing single-family residential properties to the east as they are both residential in nature. To buffer the single-family homes from the apartments, a 25 foot wide landscape buffer is proposed along the east boundary of the site. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) A pedestrian pathway loop is proposed around the perimeter of the development connecting to the sidewalk along Overland Rd.;internal pedestrian walkways are also proposed throughout the development to buildings and common areas/amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this vacant site is mostly developed and part of the City with the exception of the residential properties abutting the site to the east which are still in the County. Development of this infill property will result in more efficient provision ofpublic services. • "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. • `Encourage and support mixed-use areas that provide the benefits of being able to live,shop,dine, play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment, restaurant, entertainiment, office and service uses will provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "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) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on Page 8 Page 164 ►tem#s. EXHIBIT A the fringe of the City. The development of this property will result in better provision of City services. 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 multi family development proposed on the eastern parcel will provide a residential land use type which will contribute to the mix of uses already in this area consisting of commercial(restaurants, retail, animal care), office(medical/dentist,financial,professional)and residential(single-family, townhomes and multi family).A grocery store is planned on the west parcel which will provide a needed service in this area. • "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." Although this area is not a large-scale employment destination center, there are a lot of smaller scale employment uses in this general area which is adjacent to I-84 and Eagle Rd./SH--55. • "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." The subject property is already included in a development agreement(DA)which was required as a provision of annexation.Because a conceptual development plan was not included previously for the east parcel, one is proposed with this application with the proposed amendment to the DA.A conceptual development plan for the west parcel was previously approved for a retail store(i.e. grocery store). • "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." No commercial and/or office buildings are proposed at this time. • "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 a 25 foot wide landscaped buffer along the east boundary of the site to provide buffering between the multi family development and the abutting low-density residential development to the east. The proposed multi family development will provide a transition in uses between future commercial uses to the west and existing low-density residential uses to the east in Overland Way Subdivision,zoned RI in Ada County. The properties where the residential homes are located are also designated as MU-R on the FLUM. • "Community-serving facilities such as hospitals,clinics,churches,schools,parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." No such uses are proposed in this development; however, there is a high school(Mountain View) and medical clinics to the southwest of this site in the larger overall area. St. Luke's hospital is less than a mile away to the northeast. • "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." Page 9 Page 165 item#s. EXHIBIT A No such uses are proposed in this development;however, as mentioned above, a high school exists to the southwest of this site and Gordon Harris park exists a half mile to the south. • "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." A limited mix of uses are proposed within this development. Although a mix of uses exist in the overall area, they are not designed around public/quasi-public spaces or centers of activity as desired. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The existing and future commercial development to the west will be directly accessible by the proposed multi family development both by vehicles and pedestrians through the pathways proposed in the development. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." The extension of Wells Ave. will provide a break and transition between the proposed multi family residential development on the east parcel and future commercial/retail uses on the west parcel. • "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. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. Multi family uses are proposed at a gross density of 22.6 units/acre for approximately 45%of the subject property governed by the DA. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail commercial uses will comprise of approximately 33%of the development area governed by the DA on Lot 2,Block 1;other commercial uses are anticipated to develop on Lot 1,Block 2. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios below: • For land that is designated for a public use,such as a library or school,the developer is eligible for a 2:1 bonus.That is to say,if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot,or playfield,the developer Page 10 Page 166 item#s. EXHIBIT A is eligible for a 2:1 bonus.That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain,statue,and water feature),seating areas, and some weather protection.That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated area on this site. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(Inst.#2016-0060157—H-2016-0056), approved in 2016,is proposed to exclude the east parcel(#S 111743845 1)from the agreement.A new DA is proposed for the east parcel.This will accommodate the change in ownership of the east parcel if the conditional use permit is approved for the multi-family development. The existing DA includes a conceptual development plan for the west parcel(#S 1117438626),which depicts the extension of E.Cinema Dr. from the west boundary of the site to the east boundary, intersecting with S.Wells Ave.proposed to be extended along the east boundary from E. Overland Rd. An 85,000 square foot single-story retail building(grocery store)with associated parking is depicted on the north side of E. Cinema Dr. and vacant land with no development plan is depicted on the south side. At the time the original DA was approved,a use and development plan was not known for the east parcel. Therefore,a provision was included in the DA that requires the agreement to be amended to include a conceptual development plan that demonstrates consistency with the MU-R FLUM designation in the Comprehensive Plan prior to any development occurring on the site. The proposed development plan for the east parcel is a 360-unit multi-family development as shown on the site plan in Section VIII.C.As discussed above in Section V, Staff believes the proposed plan contributes to the mix of uses desired in the MU-R designation and provides a transition and buffer between commercial uses to the west and the low-density residential development to the east(i.e. Overland Way Subdivision).The addition of more residential uses in this area will provide more patrons for surrounding commercial/retail/restaurant and office(medical/dental)businesses as well as offer employment options in close proximity of the residents. Staff recommends the existing DA is revised to exclude the east parcel as requested and recommends a new provision requiring the property to be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications.Staff further recommends provisions for the new DA for the east parcel as discussed below and noted in Section IX.A. B. PRELIMINARY PLAT The proposed preliminary plat consists of 3 buildable lots on 34.62 acres of land in the C-G zoning district and is proposed to develop in two(2)phases(see Section VIII.A). The first phase consists of the extension of S.Wells Ave.to E. Cinema Dr.and includes the east parcel;the second phase consists of the extension of E. Cinema Dr. from Wells to the west boundary of the site and includes the west parcel. Right-of-way for the extension of S.Wells Ave.and E. Cinema Dr. is proposed to be dedicated with the plat. Page 11 Page 167 item#s. EXHIBIT A Existing Structures/Site Improvements: There are no existing structures on this site.The only existing site improvement is curb, gutter and a 7- foot wide attached sidewalk along E. Overland Rd. Dimensional Standards(UDC jam): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district.In the C-G district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures. Access(UDC11_3A_31: Access is proposed from Overland Rd.,a mobility arterial,via the extension of S.Wells Ave.,a local street that exists on the south side of Overland;E. Cinema Dr.,a local street,is also proposed to be extended from the west boundary to intersect with Wells along the east boundary of Lot 1,Block 2. There is a 50'+1-long section of Cinema Dr.just west of the site that has not yet been constructed; ACHD is requiring the Applicant to enter into a CDA for construction of this off-site portion with this development and will provide reimbursement. One access driveway is proposed via Wells in alignment with Cinema Dr. and one access driveway is proposed to the north/south driveway north of Wells for the multi-family development;Wells is not proposed to extend past Cinema Dr. as a public street. Several driveways are proposed to Lot 2,Block 1 and Lot 1,Block 2 via Cinema Dr.; one driveway is proposed on Lot 1,Block 2 via Wells as depicted on the plat in Section VIII.A.The 1-84 off-ramp runs along the northern boundary of the site. Direct access via Overland Rd.,except for the emergency access,and the 1-84 off-ramp is prohibited. There are no existing stub streets to this property and no stub streets are required with the subdivision. Typically,cross-access isn't required between multi-family developments and commercial uses; however,if the Commission and Council feels a cross-access driveway and easement should be provided to the MU-R designated area to the east(currently developed with single-family residential homes)for future interconnectivity,a condition requiring such should be added.If required,Staff recommends it be located on the northern portion of the site to Parcel #R6744800055,which is owned by RJR Holdings and may redevelop sooner than the other properties. An emergency only access is proposed via E. Overland Rd.near the east boundary of the multi-family portion of the site;access will be restricted in accord with Fire Dept.requirements. In order to provide interconnectivity between uses in a timelier manner and disperse traffic,Staff recommends the extension of E.Cinema Dr.from the west boundary of the site to S.Wells Ave. occurs with the first phase of development. Road Improvements: Additional right-of-way(ROW)is required to be dedicated to total 62-feet from the centerline of Overland Rd. abutting the site consistent with the Capital Improvement Plan(CIP)and Master Street Map(MSM)for Overland Rd.to be widened to 7-lanes.A dedicated westbound right-turn lane is required to be constructed on Overland Rd. at Wells Ave. The plat should be revised to include the additional ROW dedication and right-turn lane;the street buffer shall be located outside of the ultimate ROW for these improvements. When Wells is constructed to intersect Overland Rd.,a dedicated westbound right-turn lane on Overland is required to be constructed; additional right-of-way should be dedicated to accommodate the turn-lane. Page 12 Page 168 item#s. EXHIBIT A No additional street improvements should be required as part of this application(see Section IX.J for more information). Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site.A 10-foot wide pathway is proposed as an amenity for the multi-family development on Lot 1,Block 1 that loops around the property through the street buffers along I-84 and S.Wells Ave. and connects to the sidewalk along E. Overland Rd. Sidewalks(UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17. Detached sidewalks are required along arterial and collector streets; attached sidewalks are required along local streets. Because the existing 7-foot wide attached sidewalk along Overland Rd. is in good condition, Staff does not recommend replacement with a new detached sidewalk;however,if/when it's replaced in the future, a detached sidewalk should be constructed. Attached sidewalks are depicted on the landscape plan along E. Cinema Dr. and S.Wells Ave.,both local streets;the landscape plan submitted for the CUP application depicts a meandering detached sidewalk along Wells—this discrepancy should be corrected. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2B-3 for the C-G zoning district and planted in accord with the standards listed in UDC 11-3B-7C.A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows:25-feet along E. Overland Rd.,an arterial street; 10-feet along S.Wells Ave. and E.Cinema Dr.,both local streets; and 35-feet along the 1-84 off-ramp,an entryway corridor. Street buffer widths are proposed on the landscape plan in accord with these standards. The plan is missing the street buffer along I-84 on the west parcel(Lot 2,Block 1);the plan should be revised to include this buffer. The number of trees proposed in buffers meets the minimum standard;however,a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-3B-7C.3a.Street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association;the plat should be revised accordingly. Waterways(UDC 11-3A-A�: There are no large waterways that cross this site.There is a ditch that runs along the east and north boundaries of the eastern parcel,which is required to be piped or otherwise covered in accord with UDC 11-3A-6B.3.This ditch provides water to downstream users.A 10-foot wide ITD irrigation easement is depicted on the plan along the north boundary of the east parcel;no structures should encroach within this easement;if an open ditch exists within the easement,it should be piped. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Sewer and water services are available in Overland Rd.; service stubs should be provided to the properties to the east and west. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Page 13 Page 169 item#s. EXHIBIT A 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.A geotechnical investigation report was submitted with this application. C. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit for a multi-family development consisting of 360 residential units[(180) 1- bedroom&(180)2-to 3-bedroom units] on 15.89 acres of land in the C-G zoning district at a gross density of 22.6 units per acre.A total of(10)2-and 3-story structures are proposed with 36 dwelling units per building,ranging in size from 488 to 1,328 square feet. This development is proposed to be constructed in one phase. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27:MULTI-FAMILY DEVELOPMENT: 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,entrances,porches and patios,and how they impact adjacent properties. The proposed site plan complies with this standard. 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 not visible from a public street;all proposed transformer/utility vaults and other service areas shall 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 access ways 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 11-513-5 of this title. The Applicant's narrative states a minimum of 80 square feet ofprivate usable open space will be provided for each unit in the form of balconies and patios. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 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. The 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. The proposed parking meets and exceeds UDC standards(see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: Page 14 Page 170 item#s. EXHIBIT A 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) The Applicant's narrative states these items will be provided;the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. 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. 15 units contain less than 500 square feet(sf.)of living area; therefore, a total of 2,250 sf. (or 0.05-acre) is required. 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.315 units are between 500 and 1,200 sf.;therefore, a total of 78,750 sf. (or 1.81-acres)of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 30 units contain more than 1,200 sf.; therefore, 10,500 sf. (or 0.24-acre)of common open space is required. At a minimum, a total of 91,500 sf. (or 2.10-acre)of outdoor common open space is required to be provided in the proposed development.A total of 165,485 square feet(or 3.8-acres)is proposed to be provided consisting of linear open space with a loop pathway, courtyard amenity space, a dog park, community center and swimming pool, as shown in Section HITE, in accord with UDC standards. 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'). The common open space areas depicted on the open space exhibit in Section HIT E meet this requirement. 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. This project is proposed to develop in one 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,ef£retroactive to 2-4-2009)All of the common open space area is proposed central to the development except for linear open space along I-84 and S. Wells Ave. where a 10 foot wide pathway is proposed.Because the site already complies with the open space standards without this area and because a pathway amenity is proposed within these areas, Staff is supportive of inclusion of these areas in the open space calculations. 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: Page 15 Page 171 item#s. EXHIBIT A a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (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 360 proposed units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. The following amenities are proposed from each category:a clubhouse with a swimming pool, bike maintenance room,fitness facilities, parcel lockers, remote work/classroom stations, and a coffee bar;an outdoor fireplace with a seating and a BBQ;public art;half-mile pedestrian loop with a 10 foot wide pathway and internal pathways; (18)grassy areas of at least 50'x 50'in size, including a dog park, multiple courtyards,park areas with seating, a plaza and pocket libraries; community garden; and a children's play structure. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Page 16 Page 172 item#s. EXHIBIT A 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(Y)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. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to E. Overland Rd and S. Wells Ave.in accord with these standards. F. Maintenance and Ownership Responsibilities:All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to,structures,parking,common areas,and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.B. The site and landscape plans should be revised to include the additional ROW dedication and right-turn lane for Overland Rd.;the street buffer shall be located outside of the ultimate ROW for these improvements. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required along the pathway within the buffer along the I-84 off- ramp. A 25-foot wide buffer planted with trees is proposed along the east boundary to existing low-density single-family residential homes. Structures are set back over 100 feet from the shared property line and the existing homes are set back on average of 250 feet from the property line,creating approximately 350 feet of separation between uses.The proposed buffer will provide added screening in this area in addition to mature trees on adjacent residential properties. Because residential uses are proposed adjacent to I-84,noise abatement is required to be provided within the buffer along I-84 in accord with the standards listed in UDC 11-3H-4D.Noise abatement in the form of a berm or a berm and wall combination shall be provided approximately parallel to the freeway.The top of the berm or berm/wall shall be a minimum of 10-feet higher than the elevation at the centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and requests alternative compliance to this standard. Alternative compliance(ALT)to the noise abatement standards is requested because the buildings along the northern boundary of the site are set back at least 250-feet from the freeway.A letter was submitted from a qualified sound engineer with an alternate recommendation for noise abatement in the form of double-paned windows for all units facing I-84 and the off-ramp and minimizing the number of window openings facing the freeway. The letter states that in his opinion,double-paned windows are preferable to a wall and will provide adequate noise abatement for this site for the following(summarized)reasons: 1)the site is too distant from I-84 for a wall to be effective—the further a potential noise receptor is from the noise source,the more community noise becomes a factor;2)the elevation difference and terrain features cover up the tires of the vehicles from both I-84 and the eastbound off-ramp which benefits the ground floor of the apartments—the terrain provides sufficient mitigation for tire noise;3)ITD noise policy doesn't contemplate any mitigation for second or third floors of Page 17 Page 173 ►tem#s. EXHIBIT A receptors in an apartment complex—noise walls are typically not feasible from an engineering basis and a cost basis.Storm windows will provide a 25-dB reduction as compared to a MB reduction with a noise wall and provides a more cost effective and superior noise mitigation option than a wall.See the Applicant's narrative, Exhibit B,for this information(pgs. 16-18). Based on the analysis from the sound engineer,the Director is supportive of the request for ALT for double-pane storm windows to be provided in all units within the development.ITD has annroved the request. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(180) 1-bedroom units and(180)2-and 3-bedroom units,a minimum of 630 off-street spaces are required with 270 of those being in a covered carport or garage. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses.Based on 7,900 square feet,a minimum of 16 spaces are required to be provided. Overall,a minimum of 646 spaces are required. A total of 655 spaces are proposed for the overall site with 360 of those being in covered carports, which is 9 extra spaces over the minimum required for the overall site.Although the proposed parking meets the minimum standards,Staff is concerned there may not be adequate parking for the site to accommodate guests.The Commission and Council should determine if additional parking should be provided as a condition of approval of the CUP. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C.One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof.Based on 655 spaces,a minimum of 27 spaces are required; a total of 36 spaces are proposed in excess of UDC standards. Bike racks should be provided in central locations for each building as proposed. Fencing:No fencing is depicted on the landscape plan for this development.A 6-foot tall wood fence exists along the southern portion of the east boundary on the adjacent residential property; Staff is unsure what other fencing may exist to the north of that at the rear of residential properties.A fence is also depicted on the plat along the northern boundary of the east parcel. The Applicant states a privacy fence is proposed along the east boundary of the site; materials and sizing to be determined pending meeting with neighbors and project approval from the City.Staff recommends prior to the City Council hearing details of the proposed fencing type are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a"contemporary farmhouse"theme were submitted for the proposed residential structures on the site as shown in Section VIII.F.Two-and three-story rooflines with hip roofs and steep gables are proposed consistent with the"farmhouse"style.Building materials consist of a combination of vertical board and batten siding,stucco and decorative balcony rails along with varied color schemes. Stairways are concealed from public view. "L"shaped buildings are proposed for variety to soften the massing of the architecture and provide private pocket parks for each building. An administrative Design Review application is required to be submitted for approval of the design of all of the multi-family structures and the clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. Page 18 Page 174 item#s. EXHIBIT A VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement, Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 1 s`.At the public hearing,the Commission moved to recommend approval of the subject CUP and 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursely(Applicant's Representative);Ryan Mora, Morgan b. In opposition:None C. Commenting:Josh Cirelli;Vanessa Cirelli d. Written testimony:Deb Nelson,Givens Pursely(Applicant's RepresentativeK Ryan Morgan,Morgan Stonehill Partners Development Co.(Applicant's e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:Bill Parsons 2. Key issue(s) testimony a. Not in favor of how the development interfaces with the residential development to the east(location of structures,trash enclosures,setbacks,etc), b. Concern pertaining to the traffic this development will generate; c. Question pertaining to type of fencing proposed along east boundary; d. Concern pertaining to loss of commercial space for residential use. 3. Ke, ids)of discussion by Commission: a. The timing of the extension of Cinema Dr. (1st or 2nd phase); b. The use of commercial property for residential uses—in favor in this instance; c. Whether or not noise abatement(enhanced buffering)in some form other than gpproved with ALT should be required; d. The adequacy of the proposed parking—the Commission felt it is adequate and the adjacent commercial development may allow for overflow parking if 4. Commission change(s)to Staff recommendation: a. Require the right-of-way for Cinema Dr.to be included in the Phase 1 plat and constructed prior to issuance of the first Certificate of Occupancy permit of the multi- family development; b. The Applicant should work with the neighbors to the east on the type of fencing to be constructed along the east boundary of the multi-family development. 5. Outstanding. issue(s)for City Council: a. None B. The Meridian City Council heard these items on May 4,2021.At the public hearing, the City Council moved to approve the subject MDA, CUP and PP requests. 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursley(Applicant's Representative); yan Morgan b. In opposition: C. Commenting: Todd Ebeling,Josh Cirelli; Mark Bergdorf d. Written testimony: Deb Nelson,Givens Pursley(Applicant's Representative); Greg Page 19 Page 175 item#s. EXHIBIT A Goins,Winco Foods; Chanelle Buckner e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bon ig orno 2. Key issue sofpublic testimony a. Concern pertainingto o impacts on traffic from this development and livabili . of the community; b. Preference for commercial vs. high density residential use of this property c. Questions pertaining to access to irrigation water and type of fencing proposed along the east boundary of the site. d. Testimony from the Applicant that a 6-foot tall woodgrain vinyl fence will be installed along the eastern boundary of the site. 3. Key issue(s)of discussion by City Council: a. The adequacy of parking proposed for the development; b. The impact of the proposed development on area schools; c. The timing of the extension of E. Cinema Dr. from Wells to the west boundary of the site(i.e. 151 or 2nd phase d. In favor of the proposed design style/theme of the development(i.e. contemporary farmhouse)—desire for the carport structures to coincide with the style of development. 4. City Council change(s)to Commission's recommendation: a. Include a requirement for a minimum 6-foot tall woodgrain vinyl fence to be installed along eastern boundary of the site as proposed b, t�pplicant(see condition#IX.A.1 Of). b. Modification of the requirement for E. Cinema Dr. to be extended with the first phase of development in favor of the second phase(condition IX.A.3c). c. Requirement for the design of the carport structures to coincide with the contemporary farmhouse theme/style of the development and to be reviewed with the Design Review application condition IX.A.I I Page 20 Page 176 ►tem#s. EXHIBIT A VIII. EXHIBITS A. Preliminary Plat(date: 02/4/2021)&Phasing Plan CM 19 EYE ��� } } ` �E � � �_���a�.a_•,��_�..�._.o.�. 1 I PMNE nYF f E LI a - __6pIlAJApl��s�.a- s / !9 iw µnwmnwp A dLk a a 4 3 .e a E a - ---- — �_= ��__ _ €I� PFeliFninary Plat Winco Wells Subdivision m pF T -• PP01 Page 21 Page 177 item#s. EXHIBIT A B. Landscape Plan for Preliminary Plat(dated: 3/31/21) a .---- - h- o® - I �J d rs ` d a €. Name 5 I : i wnasn..e s:h Phn _..__ ,:..:L,�. d O� rau \\\ � s 2 J I : I I� II . w� g Lan&Gal a Site Plan �~ T... _ iz Page 22 Page 178 ►tem#s. EXHIBIT A C. Site Plan for Multi-Family Portion of Development(date: 1/14/2020) Zc �x o Q � o i � Z i CID R A AE z n # ` 0 ,. 0 1 -------------------- i � 0. z o 0 n N m o n i n a A N r � o °o ' y - n x = A m n®® m n®® A_ 0 i r n � - 'z O k _ t 1 11111111 o Ln 0 0 m EAST OVERLAND RO G'1 ❑ n m t+� z � O o r x p m Z Page 23 Page 179 EXHIBIT A ®6F U6�ADREs1 BRENING wMRi R�R� RAR.DR�RRDMD� RAR4LIMD RRAWDED RA....... AT D MRESIDEk A M�6, nYw RESI.._URDSI 1Ac14ET—AFF,A-N AUREsI .PLANT NIFI GND, BSTEET ➢RE➢IREDHSPA� 6 GPD�D�H➢M LFI DRD WNi DTAL� MII RPARKING REDMRm S1(5TUDIV) 4D9 GF 15 T.M SF 4X t-SF AT(1 BEDROOM, 7045F 12D 84,40 SF 6 5- T 74)6 d6Y A211 REDRUOM7 722 GF 45 32,490 BF 1TR,4lWF-3ASFNk D1[2 DEpi00Ml 1092 GF 30 32,T6U GF c ITTAILOPENSTEREGGRED D212 BEDROOM) 1,136 SF 75 85;m SF 42°L G312 REDROOM7 11%GF 45 51,12D GF GI(E DEIXi00M7 I SF 30 39,54D SF R% TOTIl RESUlE1f11ALVURS 160 BUB"'43F ID6% g�yf AVEMf£DNRSIZE 9Pfi SF 63,7415E %EF PROJECT DATA MORGAN HOLDINGS& � THE J)J J STONE HILL A7Ejp$O LGRUP AND NORJpSDFS[cN SEASONS AT MERIDIAN N N M E R I D I A , I D A H O ..SD NEWMAN GARRISON PARTNERS.ALL RIGHTS RESERVED.THE CON CEPi3 AND➢RAWINGS ARE PROTECTED UN➢ER U.S.AN➢INTERNATIONAL CO PT RIGNi AN INi ELLECTUAL PROPERTY LAWSD CANNOT BE USE➢IN ANY MANNER WITHOUT ElP RE53 WRITT EN CO NUE Ni, Page 24 Page 180 item#s. EXHIBIT A D. Landscape Plan for Multi-Family Development(CUP)(dated: 11/24/20) GENERAL LANOSGAPE NOME PI SCNEUIf rirm oErrxA ET�ax xo a Pm r u — IS xwRy w�n SiN srruri uortxias awrviusa ixarwiu xoreE uu�exEowa � w Es ersuswcF to a nue n T. i �r�wmoxnxa.r�x.mw wwurmox�xE�wrxwm worvEr.axax r�iuixEruxxixcowumwr. LANDSCAPE NOTES MORGAN HOL➢INGS& THE .,�,�,LH$ STONE HILL 'All6ROHP NUKPJS'DESECN SEASONS AT MERIDIAN NG �,=.- ccr x�ex rc.irx�.xe�c MERIDIA IDAHO 02020 NEWMAN GARRISON P PARTNERS.ALL RIGHTS RESERVED.THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S.AND INTERNATIONAL COPYRIGHT AND INEEL LECTUAL PROPE RIP LAWS AND CANNOT RE USED IN ANY MANNER WITHOUT EXPRESS WR 171 EN CONSENT. Page 25 Page 181 ' n►nf' y„-� +�di i �� rfa �_- •iilil.:�. I LIM 111111111111111111111113:i ":... 11llw w x,a_ w w�. € !II v_ �' •■ LJI~ w w ali El.. -,Ica m al w� iil�? i31� wu 1_lil - nJ r► Ir •:! 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Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse A, 4 I R VISION IMAGERY-CLUBHOUSE MORGAN HOLolxcs a ME �)�J N(;I sror9EHnL seouR NOfKS°�1°" SEASONS AT MERIDIAN 1 ORl R9exfwx.x G.RRifOx a P.RTNF91-.LL R�Gx15 RESERVES.INF CONCFPI3•Np O9nMmG5•RF PRPifCTEp�xp ER Y.S.•Np Ix l—TI-1 COPYRIGXf.NO INIEt LlCI WL PROPERTY I.MS•xp C—OT RE Ott IN.NY-NCR-NUVT E%PRESS WRITTEN CO—T- I o0o ee VISION IMAGERY- RESIDENTIAL BUILDIINGS MORGANHOLDINGS& THE JJJJ ^ STONE HILL �V DES SEASONS AT MERIDIAN �G 1 p l n N -P n o owe•fxx.x G.eelsox.r.Rldes....R�G.Is RFsfR.fo.I•!coxclPls.•p pe.w�.Gs.Re r9PIfcIle xxeeR..s..xp�•*ERx.T�Px..coP.R�GNI.No iNI1..Fc l.•L PRPPER Ir I.w1.np c.•xoI se.sco�x.xr..N.fR x�I xa�I F.PRlss we�.IT.ce•sFHI. Page 30 Page 186 23 0:0�- Will, -1AR ME "Al .. ............. 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IIII ���� ■■ ��:��: a- �I I•I��h� �,,�,� ' I'illlllll SOUTH ELEVATION • EXHIBIT A a3 � e s ROOF ISO ARD AND BATTEN SIDING STUCCO COLOR ASPHALTSHINGLE ROOFING DUNN EDWARDS PAINTS DUNN EDWARDS PAINTS COLOR-CHARCOAL COLOR-DEW 380 WHITE COLOR-DET 625 RECLAIMED WOOD WOOD/COMPOSITE,FASCIA, VINYL WINDOWS BOARD AND BATTEN SIDING TRIM,COLUMNS,RAILINGS COLOR-BRONZE FIBER CEMENT DUNN EDWARDS PAINTS COLOR-DEW WD WHITE COLOR AND MATERIAL MORGAN HOLDINGS& THE JJ J J N _' STONE HILL LAN Up NORJt,Is DESIGN SEASONS A T MERIDIAN �+IIT OHaue MERIDIAN, IDAHO ax�ecT axoz�a I Daze.i�.zazofo 0x0UU u[wf.SA,GApp150N r IA1T—$,ALL pIGNTS x[SSxv[o,THE CONCEIT$All UpawING$All 110TICTIl UNU[x U.S.All INTSx NArIONAt COITIIGHT All INTILLICTUAL Ip 1-1 L115 ANo CANNOT eS US IN All 1AnI-11THO.UT SVIp[SS—1-1 CONSENT• it 71 >I FI w I ��yAyRy1,� .AS U L TING SIN AMILY O.ELL] .l./IN CARPORT CARPORT L H-0" 0' 16' 32' SITE SECTION AT EAST PROPERTY LINE MORGANHOLDINGS& NANR JJJJ NG 1 O STONE HILL 6RORR Noglts oFs�icn SEASONS A T MERIDIAN nT c.i�z e.zoo MERIDIAN, I D A H D ®1U1U NSw I•MAN Gap plSoN r IAIT-1,ALL pIGNTS 1 Ep 11,THI CONCEITS All IlAwi NGS ApE IpOiECTEU UNU£p U.S.ANU II—NATIONAL COLT 11GH1 All INTELLECTUAL 11-111T 1113 ANU CANNOT sS USID IN All MANNEp 111HOU1 III p[SS wpaiiSN CONSENT. Page 34 Page 190 EXHIBIT A G. Legal Description for Property at 2600 E. Overland Rd. EXHIBIT A 2600 Overland Road Property Description PABEEL I A parcel of land located in the SIN 114 of the SE 114 Section 17, Township 3 North, flange 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the S114 comer of said Section 17 from which the SE corner of said Section 17 bears North W46'00" East, 265&88 feet; thence North 00"24'05"East, 45.00 feet to the SE corner of Destination Place Subdivision tiled in Book 93 of Plats at Pages 111g0 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision Nodh 00°24'05"East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following.3 courses and distances: thence North 81"35'27"East, 158.13 feet; thence South 86°18'23"East,471.33 feet; thence 63.33 feet along the arc of a non-tangent curve to the right, said curve having a radius of 1,8e9_86 feet, a central angle of 02°00'17"and a long chord of 53,32 feet which bears South 86'10'34"East; thence leaving said southerly right-af-way line South 00"24'05"West, 1134.59 feet to a point on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence South 88°59'52"Vilest, 71.96 feet: thence South 00°24'05"West, 11.58 feet; thence South 45°33'34"West,28.68 feet, thence South 89°46'00"West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 18.74 acres, more or less. a � 729: Page 35 Page 191 item#s. EXHIBIT A H. Legal Description for Property at 2700 E. Overland Rd. EXHIBIT A C=. 2700 Overland Road r,n>ac.M, zz Property Description A parcel of land located in the!SW 114 of the 5E 114 Section 17,Township 3 North, Mange 1 East, Boise Meridian,McOdiian,Ada County,Idaho, being more particularly described as follows: Commencing at the S114 corner of said Section 17 from which the SE comer of said Section 17 bears Nerth 89°4fi'00"East,2656.88 feet; thence North DV240Y East,45.00 feet to the SE corner of❑eslinaWrz Place Subdivlslon filed in F�ook 93 of Plats at Pages 11190 through 11192,records of Ada Counly,Jdaho,said point also being an the North fight-of-way line of E. Overland Road; thence along said Nutt nght-of-way line the following 4 courses and distances: trlance North 89°46'W'East,597.70 feet; thence North 45"33'34"East,25.68 feet; thence North 00"247t75"East, 11.69feet; thence North 89'69'62"Zast,71.96 feet to the REAL PC NT DF BEGINNING; thence leaving said North right-of-way line North 00124'05"East. 1134.59 feet to a point on the sorftherly right-af--way line of Interstate 8+4. thence along said southefiy right-of-way line the following 2 courses and distances: thence 633,16 feet along the arc of a nor-tangent curve to the right,said Curve hwng a radius of 1,809.86 feet, a central angW of 2060239"and a long chord of 629.93 feet which bears South 74'0706"East; thence South 64'07'46"East, 23.82 fact to a point on the West boundary line of Overland Way Subdivislon filed In Book 48 of Plats at Pages 3798 and 3799, records of Arta County, Idaho; thence along said West boundary line South 00606'32"East,96O.B3 feet to n paint on the Noffh right-of way line of E. Overland Road; thence along said North fight-of y line the following 4 Courses and,dislances: thence South 89'48'0(Y'West,600.41 feet thence North 41°WW'West,29.30€eet; thence Forth 00'24'05'East,3,19 feet; thence South B9°69"52"West, 18.04 feet to the REAL POINT OF BEGINNIN Containing 15_675 acres, more or less. p 4R� EL 77 a m �� 1�1rYJ� yti fp�0 P%p� Q` Page 36 Page 192 item#s. EXHIBIT A IX. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The existing Development Agreement(DA)(Inst.#2016-060157)shall be amended to exclude the east parcel(#S 111743 845 1)from the agreement and to include the following additional provision: a. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the site. The amended DA shall be signed by the property owner(s)and returned to the City within six(6) months of City Council granting the subject modification. New Development Agreement: 2. Anew Development Agreement(DA)shall be required for the east parcel(#S 1 1 1 743 845 1)that shall include the site plan in Section VIII.0 and the following provisions: a. Development of the site shall be generally consistent with the conceptual development plan, landscape plan,qualified open space/amenities exhibit and building elevations included in Section VIII and shall comply with the provisions contained herein. b. All structures in the multi-family development shall comply with the design standards listed in the Architectural Standards Manual.An administrative Design Review application is required to be submitted and approved for the structures within this development prior to submittal of building permit applications for these structures.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review application for approval of the proposed use and site design. d. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the overall site. e. The traffic signal at the E. Overland Rd./S.Wells Ave. intersection shall be installed prior to issuance of the first Certificate of Occupancy for the multi-family development as deemed warranted by the Traffic Impact Study. The DA shall be signed by the property owner(s)and returned to the City within six(6)months of City Council granting the subject modification. Preliminary Plat: 3. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association,as set forth in UDC 11-3B- 7C.2b. b. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. c. The extension of E. Cinema Dr. shall be inel,aoa ift occur with the fir-A second phase of development. 4. The landscape plan included in Section VIII.B shall be revised as follows: a. Landscaping is required to be provided adjacent to the pathway within the buffer along the 1-84 off-ramp per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one(1) tree per 100 linear feet of pathway is required. Page 37 Page 193 item#s. EXHIBIT A b. Depict a minimum 35-foot wide street buffer along the I-84 off-ramp on Lots 1 and 2,Block 1 in accord with UDC Table 11-213-3,landscaped per the standards in UDC 11-313-7C. c. Include shrubs(along with the trees and lawn or other vegetative groundcover)in the proposed street buffers as set forth in UDC 11-3B-7C.3a. d. Street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association as set forth in UDC 11-313- 7C.2. e. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. f. Depict a detached sidewalk within the street buffer along the east side of S.Wells Ave. consistent with that shown on the landscape plan associated with the conditional use permit. Conditional Use Permit: 5. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 6. For each of the multi-family units,a minimum of eighty(80)square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3.This requirement can be satisfied through porches,patios,decks,and/or enclosed yards.Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 7. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 8. Comply with building code requirements for separation between structures within the development. 9. The Applicant's request for Alternative Compliance to the noise abatment standards listed in UDC 11-3H-4D is approved by the Director.Double-pane storm windows shall be provided in all units within the development as alternative compliance consistent with the sound engineer's recommendation. Confirmation oflTD's approval was submitted. 10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundations of all street facing elevations adjacent to E. Overland Rd. and S.Wells Ave. as set forth in UDC 11-4-3-27E.2. d. Include a detail of the outdoor fireplace,BBQ,public art and children's play structure. Page 38 Page 194 item#s. EXHIBIT A e. Depict a gate across the emergency access driveway from Overland Rd.as required by the Fire Dept. f. Depict a minimum 6-foot tall woodgrain vinyl fence along the eastern boundary of the site as proposed by the Applicant. 11. The design of the carport structures should represent the style of development and be reviewed by Staff as part of the design review process as discussed at the City Council hearing_ B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches, light poles,etc.)can be built within the utility easement. 1.2 There needs to be a water easement from the deadend water main to the eastern property line at both the northeast deadend and the central east deadend for future connection. 1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's 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. 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, Page 39 Page 195 item#s. EXHIBIT A 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 40 Page 196 item#s. EXHIBIT A 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. 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. Page 41 Page 197 ttem#s. EXHIBIT A 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 by s://weblink.meridianciV.org/WebLink/DocView.aspx?id=225419&dbid=0&repo=MeridianCity&cr =1 D. POLICE DEPARTMENT by s://weblink.meridianciV.org/WebLink/DocView.aspx?id=223900&dbid=0&repo=MeridianCitX E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancioy.org/WebLink/DocView.aspx?id=224575&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancit y.orglWebLinkIDocView.aspx?id=224333&dbid=0&repo=MeridianCitX G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=223473&dbid=0&repo=MeridianCitX H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=223532&dbid=0&repo=MeridianCitX I. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=224862&dbid=0&repo=MeridianCitX J. ADA COUNTY HIGHWAY DISTRICT(ACHD) hyps://weblink.meridiancity.org/WebLink/DocView.aspx?id=224820&dbid=0&repo=MeridianCitX Page 42 Page 198 item#s. EXHIBIT A X. FINDINGS A. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord.05-1170,8-30-2005,eff.9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code;(Ord.08-1372,7-8-2008,eff.7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare;and The City Council finds the proposed development will not be detrimental to the public health,safety or general welfare. 6. The development preserves significant natural,scenic or historic features.(Ord. 05-1170, 8-30-2005, eff.9-15-2005) The City Council is unaware of any significant natural,scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designation of MU-C and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. Page 43 Page 199 ►tem#s. EXHIBIT A 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. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. The City Council finds that essentialpublic services are available to thisproperty and that the use will be adequately served by these facilities. C. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although not entirely effective due to the height of the proposed structures. 2. The alternative compliance provides an equal or superior means for meeting the requirements;and The Director finds the proposed alternative compliance of providing double pane storm windows on all units as noise abatement to the traffic on 1-84 provides a superior means for meeting the requirements in UDC 11-3H-4D. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 44 Page 200 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Volante Investments (H-2020-0118) by The Land Group, Located at 2600 and 2700 E. Overland Rd. Page 201 Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the matter of the request for modification to the existing Development Agreement(Inst.#2016- 060157) (MDA)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; Preliminary Plat(PP)consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district; and Conditional Use Permit(CUP)for a multi- family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2600 &2700 E.Overland Rd.,by The Land Group. Case No(s).H-2020-0118(MDA); H-2021-0007(PP,CUP) For the City Council Hearing Date of: May 4,2021 (Findings on May 18,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 4,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 4, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 4,2021, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 4,2021,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 VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 - I - Page 202 Item#10. 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 May 4,2021, 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 § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a Development Agreement modification, conditional use permit and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 4,2021, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -2- Page 203 Item#10. 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 11-513-617). 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 May 4,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -3 Page 204 Item#10. By action of the City Council at its regular meeting held on the 18th 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 5-18-2021 Attest: Chris Johnson 5-18-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-18-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VOLANTE INVESTMENTS H-2020-0118;SEASONS AT MERIDIAN/WELLS WINCO SUBDIVISION H-2021-0007 -4 Page 205 item#,o. EXHIBIT A STAFF REPORT Q. WE I COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING May 4,2021 �� DATE: f ei Project Lflca Tian -- i TO: Mayor&City Council r FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0007—Seasons at _ Meridian/Winco Wells Subdivision H-2020-0118—Volante Investments LOCATION: 2600&2700 E. Overland Rd.,in the SE 1/4 of Section 17,Township 3N.,Range 1E.(Parcels: S 111743 8626, S1117438451) I. PROJECT DESCRIPTION The Applicant has submitted applications for the following: • Modification to the existing Development Agreement(Inst.#2016-060157)to include a conceptual development plan for the eastern 15.89-acre portion of the subject property that is consistent with the Mixed Use—Regional(MU-R)Future Land Use Map designation in the Comprehensive Plan; • Preliminary plat consisting of 3 buildable lots on 34.62 acres of land in the C-G zoning district,located at 2600 and 2700 E. Overland Rd.; and, • Conditional Use Permit for a multi-family development consisting of 360 dwelling units on 15.89 acres of land in the C-G zoning district,located at 2700 E. Overland Rd. Page 1 Page 206 item#,o. EXHIBIT A II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 34.62-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped land — Proposed Land Use(s) Commercial/retail(west parcel);multi-family development (east parcel) Current Zoning General Retail&Service Commercial(C-G) Proposed Zoning NA Lots(#and type;bldg/common) 3 buildable lots Phasing plan(#of phases) 2 Number of Residential Units(type 360 units[(180) 1-bedroom&(180)2-to 3-bedroom units] of units) Density(gross&net) 22.6(gross)/23 (net)units/acre Open Space(acres,total[%]/ 4.15 acres(26%) buffer/qualified) Amenities Clubhouse,fitness facilities,public art,open grassy area of at least 50'x 100',plaza,community garden;swimming pool, walking trails,children's play structure Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of November 17,2020;and January 12,2021 (6 attendees) attendees: History(previous approvals) AZ Ord.#661,661A&665 (1994,Thomas&Wurst Properties);H-2016-0056(DA#2016-060157—Volante Investments) B. Community Metrics Description Details Page Ada County Highway District I` • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access One(1)public street access(S.Wells Ave.)is proposed via E. Overland Rd.,an (Arterial/Collectors/State arterial street;E. Cinema Dr.is proposed to be extended from the west boundary to Hwy/Local)(Existing S.Wells Ave. and Proposed) _ Traffic Level of Service Overland Rd.—Better than"D"(acceptable level of service is"E") Stub E. Cinema Dr. stops 50' short of the west boundary of the site—no other stub streets Street/Interconnectivity/ exist to this site. Cross Access Page 2 Page 207 tterr�#,o. EXHIBIT A Description Details Page Existing Road Network There are no existing internal roadways within the site;a curb cut in alignment with S.Wells Ave.on the south side of Overland Rd. exists on this site. Existing Arterial A curb,gutter and attached 7'wide sidewalk exists along Overland Rd.;no buffer Sidewalks/Buffers exists. Proposed Road Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): Improvements • Overland Road is listed in the CIP to be widened to 7-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. • The intersection of Eagle Road and Overland Road is listed in the CIP to be widened to 7- lanes on the north leg,8-lanes on the south,8-lanes east,and 8-lanes on the west leg,and signalized between 2031 and 2035. Fire Service • Distance to Fire 1.0 mile from Station#4 Station • Fire Response Time Within 5 minute response time goal • Resource Reliability 78%(goal is 80%or greater) • Risk Identification 2—current resources would not be adequate to supply service to this project. • Accessibility Meets all erquired access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other Police Service • Distance to Police 1.5 miles Station • Police Response 3:42(Priority 3);7:12(Priority 2); 10:31 (Priority 1) Time • Calls for Service , 3,400(in RD `M751')—between 3/1/19 and 2/28/21) • %of calls for service %of P3 CF5 2.2% split by priority %of P2 CFS 80.8% %of P1 US 15.6% %of PO CF5 1.1% • Accessibility • Specialty/resource needs • Crimes 309(RD—M751 —between 3/1/19 and 2/28/21) • Crashes 134(RD—M751—between 3/1/19 and 2/28/21) • Other MPD can service this area if approved.For more info,see: https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=223900&dbid=0&repo =MeridianCity _ West Ada School District Page 3 Page 208 EXHIBIT A • Distance(elem,ms,hs) Enrollment Ca aci Miles (Der.to Schmi • Capacity of Schools pepper Ridge Elementary 483 675 1.9 Lewis&Clark Middle School 838 1000 2.2 • #of Students Enrolled Mountain View High School 2201 2175 0.9 • Predicted#of students 36+/- generated from proposed development Wastewater • Distance to Sewer Directly adjacent in East Overland Raod. Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.08 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns •Flow added to pacel as part of record H-2020-0118 •No Permanent structures(buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)can be built within the utility easement. Water • Distance to Water Directly adjacent in East Overland Raod. Services • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality There are two long deadends for fire hydrants which may result in poor water quality. • Project Consistent with Yes Water Master Plan • Impacts/Concerns There are two long deadends for fire hydrants that we would rather not have because these may cause potential water quality issue. Page 4 Page 209 � INI ■ ■ � - - � � _'.=���4 .�'�,� PA MON. ■� ■ i F es. -�' � k t. �:r r Y ' - AL ■■ ■■11■ 1111 loss NIII INII all - - _•w R- W i 11111 ■■■� 1�1�1 ■■■ ■ i� ■-- 11 . ■ � INI � ■■ . 64 . �l�E: '�F�E=F� ■ i • • • ••• • 1 • i• 1' • . • • • ' • • 11 . � • • item#,o. EXHIBIT A Jonathan Fragoso, Stonehill Morgan—7301 Peak Dr., Ste.200 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/12/2021 4/16/2021 Radius notification mailed to properties within 300 feet 3/9/2021 4/13/2021 Public hearing notice sign posted 3/18/2021 4/20/2021 on site Nextdoor posting 3/9/2021 4/13/2021 V. COMPREHENSIVE PLAN (HTTPS://WWW.MERIDIANCITY.ORG/COMPPLAN): Land Use: This property is designated Mixed Use—Regional(MU-R)on the Future Land Use Map(FLUM). The purpose of 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.The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D(pg. 3-17). This site will be anchored by a WinCo grocery store,conceptually approved to develop on the west parcel,which should have a regional draw;other future commercial uses will also be developed south of WinCo.A multi-family development is proposed on the east parcel. In the overall MU-R designated area south of 1-84 there are a lot of commercial,office and employment uses but comparatively not a lot of residential dwellings.The provision of multi-family apartments in this vicinity will provide housing for workers in this area and the commercial retail/restaurant and other uses will provide needed services for these residents. When the City approved the conceptual development plan included in the Development Agreement for the WinCo grocery store on the west parcel,it was anticipated that a non-retail use would develop on the east parcel in order to provide the mix in uses desired in the MU-R designation for this area.Although the proposed design and uses aren't integrated as desired in MU-R designated areas,pathways and cross- walks are proposed for pedestrian connectivity to commercial uses.The Applicant's narrative states that existing residential neighbors to the east and employees of area businesses are encouraged to enjoy the perimeter loop pathway and plaza at the east boundary of the site. Transportation: There are no collector streets planned across this site per the Master Street Map(MSM). This site is accessed via Overland Rd.,a mobility corridor,on the south and E. Cinema Dr.,a local street,from the west.This site is approximately a half mile west of the Overland/Eagle Rd.intersection,a major arterial intersection,and the 1-84 interchange on Eagle Rd.ACHD is requiring additional right-of-way to be dedicated for Overland Rd.to be widened to provide a dedicated westbound right-turn lane at Wells Ave.when Wells is constructed to intersect Overland Rd.;a traffic signal will be installed at the Wells/Overland intersection prior to issuance of the first Certificate of Occupancy for the proposed multi-family development. Page 6 Page 211 ttem#,o. EXHIBIT A Overland Rd.is listed in the Capital Improvement Plan(CIP)to be widened to 7-lanes from Locust Grove to Eagle Road between 2036 and 2040.The intersection of Eagle and Overland Roads is listed in the CIP to be widened to 7-lanes on the north leg, 8-lanes on the south, 8-lanes on the east and 8-lanes on the west leg and signalized between 2031 and 2035. A Traffic Impact Study(TIS)was completed for the WinCo development in 2016 and approved by ACHD.A new TIS was prepared to analyze the additional trips for the proposed multi-family development and has been reviewed by ACHD. The multi-family project is estimated to generate 1,959 additional vehicle trips per day and 158 additional vehicle trips per hour in the PM peak hour based on the Traffic Impact Study(TIS) completed for this development in 2020.The WinCo Foods grocery store is estimated to generate 7,723 additional vehicle trips per day; 555 additional vehicle trips per hour in the PM peak hour and 820 additional trips per hour in the Saturday peak hour based on the TIS that was completed in 2016. The ACHD report states the PM peak hour traffic count for Overland Rd. is estimated to be 1,375,which will result in a PM peak hour level of service of better than"D".Acceptable level of service for a five-lane principal arterial is"B". Transit services are available to serve this site via Route 42. COMPREHENSIVE PLAN POLICIES(https://www.meridianciu.org/compplan): Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "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 apartments will contribute to the variety of housing types in the City and specifically in the southern portion of the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown,and in proximity to employment centers."(2.01.01H) The proposed multi family development is located along a mobility arterial(Overland Rd.), which is a major east/west corridor proposed to be widened to 7-lanes;and in close proximity to neighboring employment centers in the Bonito and Silverstone subdivisions at Eagle/Overland; transit services are available to serve this area. • "Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other best site design practices."(3.07.0IA) The proposed multi family development will provide a transition in uses and buffering between future commercial uses to the west and existing low-density residential uses to the east. The apartment buildings will be set back over 100'from the property line;with the existing homes being set back on average 250'from the shared property line, this creates approximately 350'of separation.A 25'wide landscape buffer planted with trees is also proposed along the east boundary for screening. Page 7 Page 212 item#,o. EXHIBIT A • "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 multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with existing single-family residential properties to the east as they are both residential in nature. To buffer the single-family homes from the apartments, a 25 foot wide landscape buffer is proposed along the east boundary of the site. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) A pedestrian pathway loop is proposed around the perimeter of the development connecting to the sidewalk along Overland Rd.;internal pedestrian walkways are also proposed throughout the development to buildings and common areas/amenities. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems;services are proposed to be provided to and though this development in accord with current City plans. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The area surrounding this vacant site is mostly developed and part of the City with the exception of the residential properties abutting the site to the east which are still in the County. Development of this infill property will result in more efficient provision ofpublic services. • "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. • `Encourage and support mixed-use areas that provide the benefits of being able to live,shop,dine, play,and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment, restaurant, entertainiment, office and service uses will provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "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) Development of the subject vacant land, currently in the City limits, is encouraged over parcels on Page 8 Page 213 ►rem#,o. EXHIBIT A the fringe of the City. The development of this property will result in better provision of City services. 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 multi family development proposed on the eastern parcel will provide a residential land use type which will contribute to the mix of uses already in this area consisting of commercial(restaurants, retail, animal care), office(medical/dentist,financial,professional)and residential(single-family, townhomes and multi family).A grocery store is planned on the west parcel which will provide a needed service in this area. • "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." Although this area is not a large-scale employment destination center, there are a lot of smaller scale employment uses in this general area which is adjacent to I-84 and Eagle Rd./SH--55. • "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." The subject property is already included in a development agreement(DA)which was required as a provision of annexation.Because a conceptual development plan was not included previously for the east parcel, one is proposed with this application with the proposed amendment to the DA.A conceptual development plan for the west parcel was previously approved for a retail store(i.e. grocery store). • "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." No commercial and/or office buildings are proposed at this time. • "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 a 25 foot wide landscaped buffer along the east boundary of the site to provide buffering between the multi family development and the abutting low-density residential development to the east. The proposed multi family development will provide a transition in uses between future commercial uses to the west and existing low-density residential uses to the east in Overland Way Subdivision,zoned RI in Ada County. The properties where the residential homes are located are also designated as MU-R on the FLUM. • "Community-serving facilities such as hospitals,clinics,churches,schools,parks,daycares,civic buildings,or public safety facilities are expected in larger mixed-use developments." No such uses are proposed in this development; however, there is a high school(Mountain View) and medical clinics to the southwest of this site in the larger overall area. St. Luke's hospital is less than a mile away to the northeast. • "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." Page 9 Page 214 item#,o. EXHIBIT A No such uses are proposed in this development;however, as mentioned above, a high school exists to the southwest of this site and Gordon Harris park exists a half mile to the south. • "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." A limited mix of uses are proposed within this development. Although a mix of uses exist in the overall area, they are not designed around public/quasi-public spaces or centers of activity as desired. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The existing and future commercial development to the west will be directly accessible by the proposed multi family development both by vehicles and pedestrians through the pathways proposed in the development. • "Alleys and roadways should be used to transition from dissimilar land uses,and between residential densities and housing types." The extension of Wells Ave. will provide a break and transition between the proposed multi family residential development on the east parcel and future commercial/retail uses on the west parcel. • "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. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre.There is neither a minimum nor maximum imposed on non-retail commercial uses such as office,clean industry,or entertainment uses. Multi family uses are proposed at a gross density of 22.6 units/acre for approximately 45%of the subject property governed by the DA. • Retail commercial uses should comprise a maximum of 50%of the development area. Retail commercial uses will comprise of approximately 33%of the development area governed by the DA on Lot 2,Block 1;other commercial uses are anticipated to develop on Lot 1,Block 2. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%),based on the ratios below: • For land that is designated for a public use,such as a library or school,the developer is eligible for a 2:1 bonus.That is to say,if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas,such as a park,tot-lot,or playfield,the developer Page 10 Page 215 item#,o. EXHIBIT A is eligible for a 2:1 bonus.That is to say,if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain,statue,and water feature),seating areas, and some weather protection.That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated area on this site. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreement(DA)(Inst.#2016-0060157—H-2016-0056), approved in 2016,is proposed to exclude the east parcel(#S 111743845 1)from the agreement.A new DA is proposed for the east parcel.This will accommodate the change in ownership of the east parcel if the conditional use permit is approved for the multi-family development. The existing DA includes a conceptual development plan for the west parcel(#S 1117438626),which depicts the extension of E.Cinema Dr. from the west boundary of the site to the east boundary, intersecting with S.Wells Ave.proposed to be extended along the east boundary from E. Overland Rd. An 85,000 square foot single-story retail building(grocery store)with associated parking is depicted on the north side of E. Cinema Dr. and vacant land with no development plan is depicted on the south side. At the time the original DA was approved,a use and development plan was not known for the east parcel. Therefore,a provision was included in the DA that requires the agreement to be amended to include a conceptual development plan that demonstrates consistency with the MU-R FLUM designation in the Comprehensive Plan prior to any development occurring on the site. The proposed development plan for the east parcel is a 360-unit multi-family development as shown on the site plan in Section VIII.C.As discussed above in Section V, Staff believes the proposed plan contributes to the mix of uses desired in the MU-R designation and provides a transition and buffer between commercial uses to the west and the low-density residential development to the east(i.e. Overland Way Subdivision).The addition of more residential uses in this area will provide more patrons for surrounding commercial/retail/restaurant and office(medical/dental)businesses as well as offer employment options in close proximity of the residents. Staff recommends the existing DA is revised to exclude the east parcel as requested and recommends a new provision requiring the property to be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications.Staff further recommends provisions for the new DA for the east parcel as discussed below and noted in Section IX.A. B. PRELIMINARY PLAT The proposed preliminary plat consists of 3 buildable lots on 34.62 acres of land in the C-G zoning district and is proposed to develop in two(2)phases(see Section VIII.A). The first phase consists of the extension of S.Wells Ave.to E. Cinema Dr.and includes the east parcel;the second phase consists of the extension of E. Cinema Dr. from Wells to the west boundary of the site and includes the west parcel. Right-of-way for the extension of S.Wells Ave.and E. Cinema Dr. is proposed to be dedicated with the plat. Page 11 Page 216 item#,o. EXHIBIT A Existing Structures/Site Improvements: There are no existing structures on this site.The only existing site improvement is curb, gutter and a 7- foot wide attached sidewalk along E. Overland Rd. Dimensional Standards(UDC jam): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district.In the C-G district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures. Access(UDC11_3A_31: Access is proposed from Overland Rd.,a mobility arterial,via the extension of S.Wells Ave.,a local street that exists on the south side of Overland;E. Cinema Dr.,a local street,is also proposed to be extended from the west boundary to intersect with Wells along the east boundary of Lot 1,Block 2. There is a 50'+1-long section of Cinema Dr.just west of the site that has not yet been constructed; ACHD is requiring the Applicant to enter into a CDA for construction of this off-site portion with this development and will provide reimbursement. One access driveway is proposed via Wells in alignment with Cinema Dr. and one access driveway is proposed to the north/south driveway north of Wells for the multi-family development;Wells is not proposed to extend past Cinema Dr. as a public street. Several driveways are proposed to Lot 2,Block 1 and Lot 1,Block 2 via Cinema Dr.; one driveway is proposed on Lot 1,Block 2 via Wells as depicted on the plat in Section VIII.A.The 1-84 off-ramp runs along the northern boundary of the site. Direct access via Overland Rd.,except for the emergency access,and the 1-84 off-ramp is prohibited. There are no existing stub streets to this property and no stub streets are required with the subdivision. Typically,cross-access isn't required between multi-family developments and commercial uses; however,if the Commission and Council feels a cross-access driveway and easement should be provided to the MU-R designated area to the east(currently developed with single-family residential homes)for future interconnectivity,a condition requiring such should be added.If required,Staff recommends it be located on the northern portion of the site to Parcel #R6744800055,which is owned by RJR Holdings and may redevelop sooner than the other properties. An emergency only access is proposed via E. Overland Rd.near the east boundary of the multi-family portion of the site;access will be restricted in accord with Fire Dept.requirements. In order to provide interconnectivity between uses in a timelier manner and disperse traffic,Staff recommends the extension of E.Cinema Dr.from the west boundary of the site to S.Wells Ave. occurs with the first phase of development. Road Improvements: Additional right-of-way(ROW)is required to be dedicated to total 62-feet from the centerline of Overland Rd. abutting the site consistent with the Capital Improvement Plan(CIP)and Master Street Map(MSM)for Overland Rd.to be widened to 7-lanes.A dedicated westbound right-turn lane is required to be constructed on Overland Rd. at Wells Ave. The plat should be revised to include the additional ROW dedication and right-turn lane;the street buffer shall be located outside of the ultimate ROW for these improvements. When Wells is constructed to intersect Overland Rd.,a dedicated westbound right-turn lane on Overland is required to be constructed; additional right-of-way should be dedicated to accommodate the turn-lane. Page 12 Page 217 item#,o. EXHIBIT A No additional street improvements should be required as part of this application(see Section IX.J for more information). Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site.A 10-foot wide pathway is proposed as an amenity for the multi-family development on Lot 1,Block 1 that loops around the property through the street buffers along I-84 and S.Wells Ave. and connects to the sidewalk along E. Overland Rd. Sidewalks(UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A-17. Detached sidewalks are required along arterial and collector streets; attached sidewalks are required along local streets. Because the existing 7-foot wide attached sidewalk along Overland Rd. is in good condition, Staff does not recommend replacement with a new detached sidewalk;however,if/when it's replaced in the future, a detached sidewalk should be constructed. Attached sidewalks are depicted on the landscape plan along E. Cinema Dr. and S.Wells Ave.,both local streets;the landscape plan submitted for the CUP application depicts a meandering detached sidewalk along Wells—this discrepancy should be corrected. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2B-3 for the C-G zoning district and planted in accord with the standards listed in UDC 11-3B-7C.A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows:25-feet along E. Overland Rd.,an arterial street; 10-feet along S.Wells Ave. and E.Cinema Dr.,both local streets; and 35-feet along the 1-84 off-ramp,an entryway corridor. Street buffer widths are proposed on the landscape plan in accord with these standards. The plan is missing the street buffer along I-84 on the west parcel(Lot 2,Block 1);the plan should be revised to include this buffer. The number of trees proposed in buffers meets the minimum standard;however,a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-3B-7C.3a.Street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association;the plat should be revised accordingly. Waterways(UDC 11-3A-A�: There are no large waterways that cross this site.There is a ditch that runs along the east and north boundaries of the eastern parcel,which is required to be piped or otherwise covered in accord with UDC 11-3A-6B.3.This ditch provides water to downstream users.A 10-foot wide ITD irrigation easement is depicted on the plan along the north boundary of the east parcel;no structures should encroach within this easement;if an open ditch exists within the easement,it should be piped. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Sewer and water services are available in Overland Rd.; service stubs should be provided to the properties to the east and west. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Page 13 Page 218 item#,o. EXHIBIT A 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.A geotechnical investigation report was submitted with this application. C. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit for a multi-family development consisting of 360 residential units[(180) 1- bedroom&(180)2-to 3-bedroom units] on 15.89 acres of land in the C-G zoning district at a gross density of 22.6 units per acre.A total of(10)2-and 3-story structures are proposed with 36 dwelling units per building,ranging in size from 488 to 1,328 square feet. This development is proposed to be constructed in one phase. Specific Use Standards(UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/comments in italic text) 11-4-3-27:MULTI-FAMILY DEVELOPMENT: 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,entrances,porches and patios,and how they impact adjacent properties. The proposed site plan complies with this standard. 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 not visible from a public street;all proposed transformer/utility vaults and other service areas shall 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 access ways 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 11-513-5 of this title. The Applicant's narrative states a minimum of 80 square feet ofprivate usable open space will be provided for each unit in the form of balconies and patios. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 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. The 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. The proposed parking meets and exceeds UDC standards(see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: Page 14 Page 219 item#,o. EXHIBIT A 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) The Applicant's narrative states these items will be provided;the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. 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. 15 units contain less than 500 square feet(sf.)of living area; therefore, a total of 2,250 sf. (or 0.05-acre) is required. 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.315 units are between 500 and 1,200 sf.;therefore, a total of 78,750 sf. (or 1.81-acres)of common open space is required. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 30 units contain more than 1,200 sf.; therefore, 10,500 sf. (or 0.24-acre)of common open space is required. At a minimum, a total of 91,500 sf. (or 2.10-acre)of outdoor common open space is required to be provided in the proposed development.A total of 165,485 square feet(or 3.8-acres)is proposed to be provided consisting of linear open space with a loop pathway, courtyard amenity space, a dog park, community center and swimming pool, as shown in Section HITE, in accord with UDC standards. 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'). The common open space areas depicted on the open space exhibit in Section HIT E meet this requirement. 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. This project is proposed to develop in one 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,ef£retroactive to 2-4-2009)All of the common open space area is proposed central to the development except for linear open space along I-84 and S. Wells Ave. where a 10 foot wide pathway is proposed.Because the site already complies with the open space standards without this area and because a pathway amenity is proposed within these areas, Staff is supportive of inclusion of these areas in the open space calculations. 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: Page 15 Page 220 item#,o. EXHIBIT A a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (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 360 proposed units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. The following amenities are proposed from each category:a clubhouse with a swimming pool, bike maintenance room,fitness facilities, parcel lockers, remote work/classroom stations, and a coffee bar;an outdoor fireplace with a seating and a BBQ;public art;half-mile pedestrian loop with a 10 foot wide pathway and internal pathways; (18)grassy areas of at least 50'x 50'in size, including a dog park, multiple courtyards,park areas with seating, a plaza and pocket libraries; community garden; and a children's play structure. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. Page 16 Page 221 item#,o. EXHIBIT A 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(Y)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. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to E. Overland Rd and S. Wells Ave.in accord with these standards. F. Maintenance and Ownership Responsibilities:All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to,structures,parking,common areas,and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.B. The site and landscape plans should be revised to include the additional ROW dedication and right-turn lane for Overland Rd.;the street buffer shall be located outside of the ultimate ROW for these improvements. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required along the pathway within the buffer along the I-84 off- ramp. A 25-foot wide buffer planted with trees is proposed along the east boundary to existing low-density single-family residential homes. Structures are set back over 100 feet from the shared property line and the existing homes are set back on average of 250 feet from the property line,creating approximately 350 feet of separation between uses.The proposed buffer will provide added screening in this area in addition to mature trees on adjacent residential properties. Because residential uses are proposed adjacent to I-84,noise abatement is required to be provided within the buffer along I-84 in accord with the standards listed in UDC 11-3H-4D.Noise abatement in the form of a berm or a berm and wall combination shall be provided approximately parallel to the freeway.The top of the berm or berm/wall shall be a minimum of 10-feet higher than the elevation at the centerline of the freeway. The Applicant is not proposing to construct a berm and/or wall as required and requests alternative compliance to this standard. Alternative compliance(ALT)to the noise abatement standards is requested because the buildings along the northern boundary of the site are set back at least 250-feet from the freeway.A letter was submitted from a qualified sound engineer with an alternate recommendation for noise abatement in the form of double-paned windows for all units facing I-84 and the off-ramp and minimizing the number of window openings facing the freeway. The letter states that in his opinion,double-paned windows are preferable to a wall and will provide adequate noise abatement for this site for the following(summarized)reasons: 1)the site is too distant from I-84 for a wall to be effective—the further a potential noise receptor is from the noise source,the more community noise becomes a factor;2)the elevation difference and terrain features cover up the tires of the vehicles from both I-84 and the eastbound off-ramp which benefits the ground floor of the apartments—the terrain provides sufficient mitigation for tire noise;3)ITD noise policy doesn't contemplate any mitigation for second or third floors of Page 17 Page 222 ►rem#,o. EXHIBIT A receptors in an apartment complex—noise walls are typically not feasible from an engineering basis and a cost basis.Storm windows will provide a 25-dB reduction as compared to a MB reduction with a noise wall and provides a more cost effective and superior noise mitigation option than a wall.See the Applicant's narrative, Exhibit B,for this information(pgs. 16-18). Based on the analysis from the sound engineer,the Director is supportive of the request for ALT for double-pane storm windows to be provided in all units within the development.ITD has annroved the request. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6.Based on(180) 1-bedroom units and(180)2-and 3-bedroom units,a minimum of 630 off-street spaces are required with 270 of those being in a covered carport or garage. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses.Based on 7,900 square feet,a minimum of 16 spaces are required to be provided. Overall,a minimum of 646 spaces are required. A total of 655 spaces are proposed for the overall site with 360 of those being in covered carports, which is 9 extra spaces over the minimum required for the overall site.Although the proposed parking meets the minimum standards,Staff is concerned there may not be adequate parking for the site to accommodate guests.The Commission and Council should determine if additional parking should be provided as a condition of approval of the CUP. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C.One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof.Based on 655 spaces,a minimum of 27 spaces are required; a total of 36 spaces are proposed in excess of UDC standards. Bike racks should be provided in central locations for each building as proposed. Fencing:No fencing is depicted on the landscape plan for this development.A 6-foot tall wood fence exists along the southern portion of the east boundary on the adjacent residential property; Staff is unsure what other fencing may exist to the north of that at the rear of residential properties.A fence is also depicted on the plat along the northern boundary of the east parcel. The Applicant states a privacy fence is proposed along the east boundary of the site; materials and sizing to be determined pending meeting with neighbors and project approval from the City.Staff recommends prior to the City Council hearing details of the proposed fencing type are submitted. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations in a"contemporary farmhouse"theme were submitted for the proposed residential structures on the site as shown in Section VIII.F.Two-and three-story rooflines with hip roofs and steep gables are proposed consistent with the"farmhouse"style.Building materials consist of a combination of vertical board and batten siding,stucco and decorative balcony rails along with varied color schemes. Stairways are concealed from public view. "L"shaped buildings are proposed for variety to soften the massing of the architecture and provide private pocket parks for each building. An administrative Design Review application is required to be submitted for approval of the design of all of the multi-family structures and the clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. Page 18 Page 223 item#,o. EXHIBIT A VII. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement, Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 1 s`.At the public hearing,the Commission moved to recommend approval of the subject CUP and 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursely(Applicant's Representative);Ryan Mora, Morgan b. In opposition:None C. Commenting:Josh Cirelli;Vanessa Cirelli d. Written testimony:Deb Nelson,Givens Pursely(Applicant's RepresentativeK Ryan Morgan,Morgan Stonehill Partners Development Co.(Applicant's e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:Bill Parsons 2. Key issue(s) testimony a. Not in favor of how the development interfaces with the residential development to the east(location of structures,trash enclosures,setbacks,etc), b. Concern pertaining to the traffic this development will generate; c. Question pertaining to type of fencing proposed along east boundary; d. Concern pertaining to loss of commercial space for residential use. 3. Ke, ids)of discussion by Commission: a. The timing of the extension of Cinema Dr. (1st or 2nd phase); b. The use of commercial property for residential uses—in favor in this instance; c. Whether or not noise abatement(enhanced buffering)in some form other than gpproved with ALT should be required; d. The adequacy of the proposed parking—the Commission felt it is adequate and the adjacent commercial development may allow for overflow parking if 4. Commission change(s)to Staff recommendation: a. Require the right-of-way for Cinema Dr.to be included in the Phase 1 plat and constructed prior to issuance of the first Certificate of Occupancy permit of the multi- family development; b. The Applicant should work with the neighbors to the east on the type of fencing to be constructed along the east boundary of the multi-family development. 5. Outstanding. issue(s)for City Council: a. None B. The Meridian City Council heard these items on May 4,2021.At the public hearing, the City Council moved to approve the subject MDA, CUP and PP requests. 1. Summary of Commission public hearing_ a. In favor: Deb Nelson,Givens Pursley(Applicant's Representative); yan Morgan b. In opposition: C. Commenting: Todd Ebeling,Josh Cirelli; Mark Bergdorf d. Written testimony: Deb Nelson,Givens Pursley(Applicant's Representative); Greg Page 19 Page 224 item#,o. EXHIBIT A Goins,Winco Foods; Chanelle Buckner e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bon ig orno 2. Key issue sofpublic testimony a. Concern pertainingto o impacts on traffic from this development and livabili , of the community; b. Preference for commercial vs. high density residential use of this property c. Questions pertaining to access to irrigation water and type of fencing proposed along the east boundary of the site. d. Testimony from the Applicant that a 6-foot tall woodgrain vinyl fence will be installed along the eastern boundary of the site. 3. Key issue(s)of discussion by City Council: a. The adequacy of parking proposed for the development; b. The impact of the proposed development on area schools; c. The timing of the extension of E. Cinema Dr. from Wells to the west boundary of the site(i.e. 151 or 2nd phase d. In favor of the proposed design style/theme of the development(i.e. contemporary farmhouse)—desire for the carport structures to coincide with the style of development. 4. City Council change(s)to Commission's recommendation: a. Include a requirement for a minimum 6-foot tall woodgrain vinyl fence to be installed along eastern boundary of the site as proposed b, t�pplicant(see condition#IX.A.1 Of). b. Modification of the requirement for E. Cinema Dr. to be extended with the first phase of development in favor of the second phase(condition IX.A.3c). c. Requirement for the design of the carport structures to coincide with the contemporary farmhouse theme/style of the development and to be reviewed with the Design Review application(condition IX.A.I I Page 20 Page 225 ►rem#,o. EXHIBIT A VIII. EXHIBITS A. Preliminary Plat(date: 02/4/2021)&Phasing Plan CM 19 EYE ��� } } ` �E � � �_���a�.a_•,��_�..�._.o.�. 1 I PMNE nYF f E LI a - __6pIlAJApl��s�.a- s / !9 iw µnwmnwp A dLk a a 4 3 .e a E a - ---- — �_= ��__ _ €I� PFeliFninary Plat Winco Wells Subdivision m pF T -• PP01 Page 21 Page 226 item#,o. EXHIBIT A B. Landscape Plan for Preliminary Plat(dated: 3/31/21) a .---- - h- o® - I �J d rs ` d a €. Name 5 I : i wnasn..e s:h Phn _..__ ,:..:L,�. d O� rau \\\ � s 2 J I : I I� II . w� g Lan&Gal a Site Plan �~ T... _ iz Page 22 Page 227 ►rem#,o. EXHIBIT A C. Site Plan for Multi-Family Portion of Development(date: 1/14/2020) Zc �x o Q � o i � Z i CID R A AE z n # ` 0 ,. 0 1 -------------------- i � 0. z o 0 n N m o n i n a A N r � o °o ' y - n x = A m n®® m n®® A_ 0 i r n � - 'z O k _ t 1 11111111 o Ln 0 0 m EAST OVERLAND RO G'1 ❑ n m t+� z � O o r x p m Z Page 23 Page 228 ►rem#,o. EXHIBIT A ®6F U6�ADREs1 BRENING wMRi R�R� RAR.DR�RRDMD� RAR4LIMD RRAWDED RA....... AT D MRESIDEk A M�6, nYw RESI.._URDSI 1Ac14ET—AFF,A-N AUREsI .PLANT NIFI GND, BSTEET ➢RE➢IREDHSPA� 6 GPD�D�H➢M LFI DRD WNi DTAL� MII RPARKING REDMRm S1(5TUDIV) 4D9 GF 15 T.M SF 4X t-SF AT(1 BEDROOM, 7045F 12D 84,40 SF 6 5- T 74)6 d6Y A211 REDRUOM7 722 GF 45 32,490 BF 1TR,4lWF-3ASFNk D1[2 DEpi00Ml 1092 GF 30 32,T6U GF c ITTAILOPENSTEREGGRED E2 I2 BEDROOM) 1,136 SF 75 85;m SF 42°L G312 REDROOM7 11%GF 45 51,12D GF GI(E DEIXi00M7 I SF 30 39,54D SF R% TOTIl RESUlE1f11ALVURS 160 BUB"'43F ID6% g�yf AVEMf£DNRSIZE 9Pfi SF 63,7415E %EF PROJECT DATA MORGAN HOLDINGS& � THE J)J J STONE HILL A7Ejp$O LGRUP AND NORJpSDFS[cN SEASONS AT MERIDIAN N N M E R I D I A , I D A H O ..SD NEWMAN GARRISON PARTNERS.ALL RIGHTS RESERVED.THE CON CEPi3 AND➢RAWINGS ARE PROTECTED UN➢ER U.S.AN➢INTERNATIONAL CO PT RIGNi AN INi ELLECTUAL PROPERTY LAWSD CANNOT BE USE➢IN ANY MANNER WITHOUT ElP RE53 WRITT EN CO NUE Ni, Page 24 Page 229 item#,o. EXHIBIT A D. Landscape Plan for Multi-Family Development(CUP)(dated: 11/24/20) GENERAL LANOSGAPE NOME PI SCNEUIf rirm oErrxA ET�ax xo a Pm r u — IS xwRy w�n SiN srruri uortxias awrviusa ixarwiu xoreE uu�exEowa � w Es ersuswcF to a nue n T. i �r�wmoxnxa.r�x.mw wwurmox�xE�wrxwm worvEr.axax r�iuixEruxxixcowumwr. LANDSCAPE NOTES MORGAN HOL➢INGS& THE .,�,�,LH$ STONE HILL 'All6ROHP NUKPJS'DESECN SEASONS AT MERIDIAN NG �,=.- ccr x�ex rc.irx�.xe�c MERIDIA IDAHO 02020 NEWMAN GARRISON P PARTNERS.ALL RIGHTS RESERVED.THE CONCEPTS AND DRAWINGS ARE PROTECTED UNDER U.S.AND INTERNATIONAL COPYRIGHT AND INEEL LECTUAL PROPE RIP LAWS AND CANNOT RE USED IN ANY MANNER WITHOUT EXPRESS WR 171 EN CONSENT. Page 25 Page 230 ' n►nf' y„-� +�di i �� rfa �_- •iilil.:�. I LIM 111111111111111111111113:i ":... 11llw w x,a_ w w�. € !II v_ �' •■ LJI~ w w ali El.. -,Ica m al w� iil�? i31� wu 1_lil - nJ r► Ir •:! 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Ilylr'i-::._.I�i�:..il.i:r i�!r.; ii .!::4 4 IlIII,:'Ill�e:ul,:Riira I — l J F »mqr EXHIBIT A ) • � f � � 9 �# ( � } � - .� — § - \ - � .7 � # _ . � . � �. - \ to - | 2 ! / 4�6 Page 27 �722 I, ter.:....... -..5, _ • a :�� I iiiiai=!!'st In -- - -= iIR i.,,=:: I.,=:::•I _I 5 iii- . °�*� �5 _ ii llllli lllllllllllllllllllllll llllllllllllllllllllll� �J L„-, _ 'i- - �■f■ il" :.S, i aim .5 p ., f�ff�f� •- .5j j!■RI .'li' fyi� ji_all Z' L iry.ate {b Yl is�i"''�ki=-III, lii 'IT sii VE .plll`I!Illllllilllllllll lllllll:lllil!IIIIIIII IIIIII'=� fRrr���� �� iil� - - ■ �liL ii W �= ii II'I'Jllw ll�l!�iifllllwi' _I1. I ... Lim _ _ _ ji II In Inlnll ... 4i!; ` 1 w5l jlij; 11y1lx£:::: am '6 WA nimIIII@?II F .! _ S'.i i1=1 ■ N ® _Illcilclrlllllilslllllllllll................Hs -9. H13g$�I II6 iin-_ ■� M 5iir I ii5� �• `�..� i;��R=i �J■Atii • I 'IIII5.ii�l __,.5ii lip! 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Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse A, 4 I R VISION IMAGERY-CLUBHOUSE MORGAN HOLolxcs a ME �)�J N(;I sror9EHnL seouR NOfKS°�1°" SEASONS AT MERIDIAN 1 ORl R9exfwx.x G.RRifOx a P.RTNF91-.LL R�Gx15 RESERVES.INF CONCFPI3•Np O9nMmG5•RF PRPifCTEp�xp ER Y.S.•Np Ix l—TI-1 COPYRIGXf.NO INIEt LlCI WL PROPERTY I.MS•xp C—OT RE Ott IN.NY-NCR-NUVT E%PRESS WRITTEN CO—T- I o0o ee VISION IMAGERY- RESIDENTIAL BUILDIINGS MORGANHOLDINGS& THE JJJJ ^ STONE HILL �V DES SEASONS AT MERIDIAN �G 1 p l n N -P n o owe•fxx.x G.eelsox.r.Rldes....R�G.Is RFsfR.fo.I•!coxclPls.•p pe.w�.Gs.Re r9PIfcIle xxeeR..s..xp�•*ERx.T�Px..coP.R�GNI.No iNI1..Fc l.•L PRPPER Ir I.w1.np c.•xoI se.sco�x.xr..N.fR x�I xa�I F.PRlss we�.IT.ce•sFHI. Page 30 Page 235 23 0:0�- Will, -1AR ME "Al .. ............. 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IIII ���� ■■ ��:��: a- �I I•I��h� �,,�,� ' I'illlllll SOUTH ELEVATION • EXHIBIT A a3 � e s ROOF ISO ARD AND BATTEN SIDING STUCCO COLOR ASPHALTSHINGLE ROOFING DUNN EDWARDS PAINTS DUNN EDWARDS PAINTS COLOR-CHARCOAL COLOR-DEW 380 WHITE COLOR-DET 625 RECLAIMED WOOD WOOD/COMPOSITE,FASCIA, VINYL WINDOWS BOARD AND BATTEN SIDING TRIM,COLUMNS,RAILINGS COLOR-BRONZE FIBER CEMENT DUNN EDWARDS PAINTS COLOR-DEW WD WHITE COLOR AND MATERIAL MORGAN HOLDINGS& THE JJ J J N _' STONE HILL LAN Up NORJt,Is DESIGN SEASONS A T MERIDIAN �+IIT OHaue MERIDIAN, IDAHO ax�ecT axoz�a I Daze.i�.zazofo 0x0UU u[wf.SA,GApp150N r IA1T—$,ALL pIGNTS x[SSxv[o,THE CONCEIT$All UpawING$All 110TICTIl UNU[x U.S.All INTSx NArIONAt COITIIGHT All INTILLICTUAL Ip 1-1 L115 ANo CANNOT eS US IN All 1AnI-11THO.UT SVIp[SS—1-1 CONSENT• it 71 >I FI w I ��yAyRy1,� .AS U L TING SIN AMILY O.ELL] .l./IN CARPORT CARPORT L H-0" 0' 16' 32' SITE SECTION AT EAST PROPERTY LINE MORGANHOLDINGS& NANR JJJJ NG 1 O STONE HILL 6RORR Noglts oFs�icn SEASONS A T MERIDIAN nT c.i�z e.zoo MERIDIAN, I D A H D ®1U1U NSw I•MAN Gap plSoN r IAIT-1,ALL pIGNTS 1 Ep 11,THI CONCEITS All IlAwi NGS ApE IpOiECTEU UNU£p U.S.ANU II—NATIONAL COLT 11GH1 All INTELLECTUAL 11-111T 1113 ANU CANNOT sS USID IN All MANNEp 111HOU1 III p[SS wpaiiSN CONSENT. Page 34 — Page 239 EXHIBIT A G. Legal Description for Property at 2600 E. Overland Rd. EXHIBIT A 2600 Overland Road Property Description PABEEL I A parcel of land located in the SIN 114 of the SE 114 Section 17, Township 3 North, flange 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the S114 comer of said Section 17 from which the SE corner of said Section 17 bears North W46'00" East, 265&88 feet; thence North 00"24'05"East, 45.00 feet to the SE corner of Destination Place Subdivision tiled in Book 93 of Plats at Pages 111g0 through 11192, records of Ada County, Idaho, said point being the REAL POINT OF BEGINNING; thence along the East boundary line of said Destination Place Subdivision Nodh 00°24'05"East, 1,181.25 feet to a point on the southerly right-of-way line of Interstate 84; thence along said southerly right-of-way line the following.3 courses and distances: thence North 81"35'27"East, 158.13 feet; thence South 86°18'23"East,471.33 feet; thence 63.33 feet along the arc of a non-tangent curve to the right, said curve having a radius of 1,8e9_86 feet, a central angle of 02°00'17"and a long chord of 53,32 feet which bears South 86'10'34"East; thence leaving said southerly right-af-way line South 00"24'05"West, 1134.59 feet to a point on the North right-of-way line of E. Overland Road; thence along said North right-of-way line the following 4 courses and distances: thence South 88°59'52"Vilest, 71.96 feet: thence South 00°24'05"West, 11.58 feet; thence South 45°33'34"West,28.68 feet, thence South 89°46'00"West, 597.70 feet to the REAL POINT OF BEGINNING. Containing 18.74 acres, more or less. a � 729: Page 35 Page 240 item#,o. EXHIBIT A H. Legal Description for Property at 2700 E. Overland Rd. EXHIBIT A C=. 2700 Overland Road r,n>ac.M, zz Property Description A parcel of land located in the!SW 114 of the 5E 114 Section 17,Township 3 North, Mange 1 East, Boise Meridian,McOdiian,Ada County,Idaho, bsiltg more particularly described as follows: Commencing at the S114 corner of said Section 17 from which the SE comer of said Section 17 bears Nerth 89°4fi'0o"East,2656.88 feet; thence North DV240Y East,45.00 feet to the SE corner of DeslinaWrz Place Subdivlslon filed in F�ook 93 of Plats at Pages 11190 through 11192,records of Ada Counly,Jdaho,said point also being an the North fight-of-way line of E. Overland Road; thence along said Nutt nght-of-way line the following 4 courses and distances: #dance North 89°46'W'East,597.70 feet; thence North 45"33'34"East,25.68 feet; thence North 00"247t75"East, 11.69feet; thence North 89'69'62"Zast,71.96 feet to the REAL PC NT DF BEGINNING; thence leaving said North right-of-way line North 00124'05"East. 1134.59 feet to a point on the sorftherly right-af--way line of Interstate 8+4. thence along said southefiy right-of-way line the following 2 courses and distances: thence 633,16 feet along the arc of a nor-tangent curve to the right,said Curve hwng a radius of 1,809.86 feet, a central angW of 2064239"and a long chord of 629.93 feet which bears South 74'0706"East; thence South 64'07'46"East, 23.82 fact to a point on the West boundary line of Overland Way Subdivislon filed In Book 48 of Plats at Pages 3798 and 3799, records of Arta County, Idaho; thence along said West boundary line South 00606'32"East,96O.B3 feet to n paint on the Noffh right-of way line of E. Overland Road; thence along said North fight-of y line the following 4 Courses and,dislances: thence South 89'48'0(Y'West,600.41 feet thence North 41°WW'West,29.30€eet; thence Forth 00'24'05'East,9,19 feet; thence South B9°69"52"West, 18.04 feet to the REAL POINT OF BEGINNIN Containing 15_675 acres, more or less. p 4R� EL 77 a m �� 1�1rYJ� yti fp�0 P%p� Q` Page 36 Page 241 item#,o. EXHIBIT A IX. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. The existing Development Agreement(DA)(Inst.#2016-060157)shall be amended to exclude the east parcel(#S 111743 845 1)from the agreement and to include the following additional provision: a. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the site. The amended DA shall be signed by the property owner(s)and returned to the City within six(6) months of City Council granting the subject modification. New Development Agreement: 2. Anew Development Agreement(DA)shall be required for the east parcel(#S 1 1 1 743 845 1)that shall include the site plan in Section VIII.0 and the following provisions: a. Development of the site shall be generally consistent with the conceptual development plan, landscape plan,qualified open space/amenities exhibit and building elevations included in Section VIII and shall comply with the provisions contained herein. b. All structures in the multi-family development shall comply with the design standards listed in the Architectural Standards Manual.An administrative Design Review application is required to be submitted and approved for the structures within this development prior to submittal of building permit applications for these structures.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review application for approval of the proposed use and site design. d. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance and Design Review applications for the overall site. e. The traffic signal at the E. Overland Rd./S.Wells Ave. intersection shall be installed prior to issuance of the first Certificate of Occupancy for the multi-family development as deemed warranted by the Traffic Impact Study. The DA shall be signed by the property owner(s)and returned to the City within six(6)months of City Council granting the subject modification. Preliminary Plat: 3. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association,as set forth in UDC 11-3B- 7C.2b. b. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. c. The extension of E. Cinema Dr. shall be inel,aoa ift occur with the fir-A second phase of development. 4. The landscape plan included in Section VIII.B shall be revised as follows: a. Landscaping is required to be provided adjacent to the pathway within the buffer along the 1-84 off-ramp per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one(1) tree per 100 linear feet of pathway is required. Page 37 Page 242 item#,o. EXHIBIT A b. Depict a minimum 35-foot wide street buffer along the I-84 off-ramp on Lots 1 and 2,Block 1 in accord with UDC Table 11-213-3,landscaped per the standards in UDC 11-313-7C. c. Include shrubs(along with the trees and lawn or other vegetative groundcover)in the proposed street buffers as set forth in UDC 11-3B-7C.3a. d. Street buffers are required to be placed in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association as set forth in UDC 11-313- 7C.2. e. Depict the street buffer along E. Overland Rd. outside of the ultimate right-of-way for the widening of Overland to 7-lanes. f. Depict a detached sidewalk within the street buffer along the east side of S.Wells Ave. consistent with that shown on the landscape plan associated with the conditional use permit. Conditional Use Permit: 5. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 6. For each of the multi-family units,a minimum of eighty(80)square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3.This requirement can be satisfied through porches,patios,decks,and/or enclosed yards.Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 7. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 8. Comply with building code requirements for separation between structures within the development. 9. The Applicant's request for Alternative Compliance to the noise abatment standards listed in UDC 11-3H-4D is approved by the Director.Double-pane storm windows shall be provided in all units within the development as alternative compliance consistent with the sound engineer's recommendation. Confirmation oflTD's approval was submitted. 10. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundations of all street facing elevations adjacent to E. Overland Rd. and S.Wells Ave. as set forth in UDC 11-4-3-27E.2. d. Include a detail of the outdoor fireplace,BBQ,public art and children's play structure. Page 38 Page 243 item#,o. EXHIBIT A e. Depict a gate across the emergency access driveway from Overland Rd.as required by the Fire Dept. f. Depict a minimum 6-foot tall woodgrain vinyl fence along the eastern boundary of the site as proposed by the Applicant. 11. The design of the carport structures shall be consistent with the style of development (i.e. contemporary farmhouse) of the multi-family structures as discussed at the City Council hearing B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches, light poles,etc.)can be built within the utility easement. 1.2 There needs to be a water easement from the deadend water main to the eastern property line at both the northeast deadend and the central east deadend for future connection. 1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's 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. 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, Page 39 Page 244 item#,o. EXHIBIT A 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 40 Page 245 item#,o. EXHIBIT A 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. 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. Page 41 Page 246 ttem#,o. EXHIBIT A 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 by s:llweblink.meridiancity.orglWebLink/DocView.aspx?id=225419&dbid=0&repo=MeridianCity&cr =1 D. POLICE DEPARTMENT by s:llweblink.meridiancity.org/WebLinklDocView.aspx?id=223900&dbid=0&repo=MeridianCitX E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=224575&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancit y.orglWebLinkIDocView.aspx?id=224333&dbid=0&repo=MeridianCitX G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridiancit y.orglWebLinkIDocView.aspx?id=223473&dbid=0&repo=MeridianCitX H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orglWebLink/DocView.aspx?id=223532&dbid=0&repo=MeridianCity I. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancity.orglWebLink/DocView.aspx?id=224862&dbid=0&repo=MeridianCity J. ADA COUNTY HIGHWAY DISTRICT(ACHD) hyps://weblink.meridiancity.org/WebLink/DocView.aspx?id=224820&dbid=0&repo=MeridianCitX Page 42 Page 247 item#,o. EXHIBIT A X. FINDINGS A. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord.05-1170,8-30-2005,eff.9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code;(Ord.08-1372,7-8-2008,eff.7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health,safety or general welfare;and The City Council finds the proposed development will not be detrimental to the public health,safety or general welfare. 6. The development preserves significant natural,scenic or historic features.(Ord. 05-1170, 8-30-2005, eff.9-15-2005) The City Council is unaware of any significant natural,scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 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. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designation of MU-C and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. Page 43 Page 248 ►rem#,o. EXHIBIT A 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. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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. The City Council finds that essentialpublic services are available to thisproperty and that the use will be adequately served by these facilities. C. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-3H-4D is feasible although not entirely effective due to the height of the proposed structures. 2. The alternative compliance provides an equal or superior means for meeting the requirements;and The Director finds the proposed alternative compliance of providing double pane storm windows on all units as noise abatement to the traffic on 1-84 provides a superior means for meeting the requirements in UDC 11-3H-4D. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 44 Page 249 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Second Amendment to Subrecipient Agreement Between City of Meridian and Jesse Tree of Idaho for CARES Act Community Development Block Grant Funds Page 250 Item#11. SECOND AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND JESSE TREE OF IDAHO FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment to Subrecipient Agreement between City of Meridian and Jesse Tree of Idaho for CARES Act Community Development Block Grant Funds ("First Amendment") is entered into this 18th day of May 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Jesse Tree of Idaho ("Subrecipient"). WHEREAS, on July 7, 2020, City and Subrecipient entered into Program Year 2019 Subrecipient Agreement ("PY19 SRA"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient requires additional time to complete the activities in the PY19 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PROVISION MODIFIED— STATEMENT OF WORK. Section LA of the PY19 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's PY19 CDBG funds in an amount not to exceed thirty six thousand two hundred and fifty dollars $36,250)thirty one thousand two hun&ed an dollars ($31 250). Subrecipient will be responsible for administering homelessness prevention for those affected by COVID-19, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under 05Q (Subsistence Payments). CDBG Funds will be used to reimburse for case management and rental assistance. The primary administrative office is located at 1121 Miller St, Boise. See Attachment 1 for a map of the service location. II. PROVISION MODIFIED—PAYMENT PROCEDURES. Section II.K.3 of the PY19 SRA shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed thirty six thousand two hundred and fib dollars $36,250)thirty one thousand two I,,mdr-oa and fifty dollars ($31,250) City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or FIRST AMENDMENT TO PY19 SUBRECIPIENT AGREEMENT-JESSE TREE OF IDAHO PAGE 1 OF 3 page 251 other relevant documentation of payment) . Reimbursement requests must be submitted within fifteen ( 15) calendar days from the close of each month of the program year except for the final reimbursement request . Subrecipient ' s final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30 , 2021 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https : //meridiancity. org/edbg/ . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. M. PROVISION MODIFIED — BUDGET. Attachment 6 of the PY19 SRA shall be amended as shown in the attachment to this amendment. IV. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY19 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda . No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY19 SRA or this First Amendment thereto . IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year fist above written. SUBRECIPIENT : Jesse Tree of Idaho By: Ali Rabe, Executive Officer Date CITY : PIFD AU City of Meridian Q06 f ° r;1y E IA By: Robert Sim son, Mayor W4 SEAL o n, City Cleric RWthe TREE'' FIRST AIvIENDNIENT TO PY19 SUBRECIPIENT AGREEMENT - JESSE TREE OF IDAHO PAGE 2 OF 3 Item#11. Attachment 6: Budget Jesse Tree of Idaho Emergency Rental Assistance Program Case CDBG-CV IDIS#112 Rent Payments Management Total Award $ 20,000.00 $ 11,250.00 $ 31,250.00 Amendment $ 14,904.24 $ (9,904.24) $ 5,000.00 Amended Award $ 34,904.24 $ 1,345.76 $ 36,250.00 Draw# Date Timeframe 1 11/24/2020 October 2020 $ 645.00 $ 119.76 $ 764.76 2 12/14/2020 November 2020 $ 3,500.00 $ 73.56 $ 3,573.56 3 1/15/2021 December 2020 $ 1,850.00 $ 73.56 $ 1,923.56 4 2/18/2021 January 2021 $ 400.00 $ 98.08 $ 498.08 5 3/16/2021 February 2021 $ 4,915.00 $ 392.32 $ 5,307.32 6 4/13/2021 March 2021 $ 6,955.00 $ 588.48 $ 7,543.48 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - Total $ 18,265.00 $ 1,345.76 $ 19,610.76 Balance $ 16,639.24 $ - $ 16,639.24 FIRST ANIENDMENT TO PY19 SUBRLCIPIENI,AGRLENIENT—JESSE TREE OF IDAHO PAGE 3 OF 3 Page 253 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2269: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Steven Yearsley to Seat 5 of the Meridian Planning And Zoning Commission through January 31, 2023; and Providing an Effective Date Page 254 Item#12. CITY OF MERIDIAN RESOLUTION NO. 21-2270 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING STEVEN YEARSLEY TO SEAT 5 OF THE MERIDIAN PLANNING AND ZONING COMMISSION THROUGH JANUARY 31, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Seat 5 of the Meridian Planning and Zoning Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Steven Yearsley to Seat 5 of the Planning & Zoning Commission through January 31, 2023 to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Steven Yearsley is hereby appointed to Seat 5 of the Meridian Planning and Zoning Commission, with a term to expire January 31, 2023. Section 2.That this Resolution shall be in full force and effect immediately upon passage. ADOPTED by the City Council of the City of Meridian, Idaho,this 181h day of May, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 181h day of May, 2021. APPROVED: ATTEST: Mayor Robert E Sim'son Ch -Jo nson, y Cler APPOINTMENT OF STEVEN YEARSLEY TO PLANNING&ZONING COMMISSION PAGE 1 Page 255 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: meridian Public Works Week Proclamation Page 256 Item#13. E IDIAN IDAHO Phe Office of the Nayor PRoc .1A .MA71oX Whereas, City of Meridian residents have peace of mind with every faucet turned on, shower taken, and toilet flushed, thanks to the professional employees of the Meridian Public Works team; and, Whereas, each unseen essential worker - engineer, inspector, operator, technician - is committed to protecting our health, safety, environment, and quality of life through the supply and distribution of clean safe water, efficient collection and treatment of wastewater, and management of solid waste; and, Whereas, the dedicated Public Works staff and partners design, maintain and sustain the quality of these critical services and important infrastructure, recognizing their ability to do so is dependent on having the support of informed citizens; and, Whereas, the Meridian Public Works Department educates the community about the work they do both in-person through their daily work and virtually through informative and engaging public outreach; and, Whereas, "Stronger Together" is the theme for the 2021 National Public Works Week and it represents the many facets of modern civilization that grow out of the efforts put forth by the public works professionals across North America. Therefore, 1, Robert E. Simison, hereby proclaim the week of May 16-22, 2021, as Meridian Public 'Works `lWe e k in the City of Meridian, and call upon all citizens and civic organizations to acquaint themselves with the vast and complex efforts involved in providing our public works services and to recognize the substantial contributions which public works employees make every day to our health, safety, comfort and quality of life. Dated this I8th day o,f May, 2021 Rol6ert t. Si 'son, ayor Treg Bernt, City Council President Brad Hoaglun, City Council Vice-President Joe Borton, City Council Luke Cavener, City Council Jessica Perreault, City Council Liz Strader, City Council Page 257 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works Department Report: 2020/2021 Wastewater Resource Recovery Facility (WRRF) Odor Study Results Page 258 C/VE IDFZ � Public Works Department Update Zo2o/Zo21 Wastewater Resource Recovery Facility (WRRF) Odor Study Results C4fE I�� What is anodorstudy ? N • Odor Intensity • Can includes odor and hydrogen sulfide RX NE sampling T.G. • Or use industry standard odor values in lieu ofa sampling ° 3.G% 1.U'�4 S.UgiC VY Calm • Utilizes local meteorological data for theoretical odor dispersion patterns 544 g SUM frig I'y • Predicts : ° ` �nt: g'0° taGmwaluesaeec�.Omph hA1551F1g' 33$ Afmws lm*cats Wind dw"110M. Generated; 10 Nov 1020 Avg $peed= 7.3 mph • The highest odor value fk u�9nd spmd ER+PkI • Where odor is expected to go — 2-5 — 2.7 — 7-1-0 � 10-25 15-29 _ 20t • How frequently Figure 11—Soihe Municipal Ajrpor€Whkdi-ore{20I9) C/WE IDFZ � Odor Study Limitations • Not an exact science • Predicts worst case scenario, not average daily actuals • Predicts odor, not necessarily bad odor • Odor (both good and bad) is very subjective • Doesn't provide recommendations or set land use boundaries • Policy decision @City level Recapof2004 StudyFindings • Odor study did not set the current Land Use boundaries (set in 2002) McMillan i I Mixed Use Non-Residential +, v Medium Density Residential U Low Density Residential U CO co Commercial Mixed Use Regional Office Ustick -y — C • PW Completed 2004 Odor & Noise Study • Only included 1 actual sample- mostly based on theoretical values • Did not show 2004 actual conditions • Predicted 2023 Facility Odors based on planned expansions • Modeled worst case scenario • Land Use Boundaries remained in place `J Y 1sb sro 1$ ❑ . W M Millan Rd �� McMillan Rd 200 0 75 u' rd moo . 300 o a `�'' �3d0 ISO 100 40 per. irii� 5p. �y.� �• '""fit O []" i �. �5 a' +►, lei Olt 300 1$0c 2pQ ; 75 rQ i W Ustick Rd _ _. �_ Too , i ■ W tick Rd Do . . ' rl , ..�.r�oMeridia f� IvVRRF ., 4 as .� Wrl imp Existing Conditions Y A4 �a w rPeak DT Contours r — •, Pal i; ei, J Y . 2020/2021 _ -��_ � . _ � r .,�r : . -� StudyResults XI -I— ,' i ' I=dL noi 11% - 5 . 4 I Residential r `4r t � :� S k. {.. Development Generally Allowed in the 2-3% Contour ' Meridian WRRFId Existing Conditions Fr-e uency Contours w(Horirs em' > 20 I T) R 0.6% E ILIA Public Works �. _,.. 4 Recommendations ` 14 7% -:-` ._ ', < ,_ - � Planned Odor Control Upgrades Installed �&4 V Interim 900 Foot - Non-Residential is Buffer nd USe Zane nrd Parcels r . Current (2020) with: y Odor Control Installed on Centrifuge Exhaust & Primary Clarifiers 900-foot buffer zone (red) .+iti ,al Buildout 2 0 7 4 ) _ _ ¢ -__� ;+L= -_ =: { With Full Odor ^� l Control Installed 64 is I t, nd USe 7anc y �•M Buildout Scenario (2074)- With Odor Control Installed on Centrifuge Exhaust, Primary Clarifiers, & Partial Aeration Basins ' -- C/WE IDFZ � Benefits and limitations • Limitations : • Not an exact science • Odor is subjective- models total odor not just "bad" odor • Benefits: • Allows modeling of current and predicted future conditions • Models the "worst case" conditions • Hottest, windiest, all equipment online • Odor control equipment can be phased in, as needed, based on actual field conditions • Allows City to use information to set/adjust reasonable land use restrictions Item#14. Mayor Robert Simison E IDIANCity Council Meroberso Joe Borton D A H O Luhe Cavener Public Liz S Beret Liz Strader lt Works Department Jessica Perreau Brad Hoaglun TO: Mayor Robert Simison Members of the City Council FROM: Laurelei McVey Deputy Director Utility Operations DATE: 4/23/21 SUBJECT: DEPARTMENT UPDATE: 2020/2021 Wastewater Resource Recovery Facility(WRRF) Odor Study Results Presenter: Laurelei McVey(Deputy Director Utility Operations) Time Needed: 15 Minutes I. RECOMMENDED ACTION No action is being sought at this time. II. DEPARTMENT CONTACT PERSONS Laurelei McVey, Deputy Director Utility Operations 985-1259 Dale Bolthouse, Director of Public Works 489-0372 III. DESCRIPTION In 2020/2021, the Public Works Department completed an updated odor study. This study used odor sampling and advanced air dispersion models to model and predict odor conditions at the WRRF facility and surrounding areas both now and at full facility buildout. The Department will present the results of that study. n4Approved for Council Agenda. 4/23/21 Date Page I of 1 Page 259 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Meridian Dairy and Stock Show Annual Presentation to City Council Page 260 Item#15. Mayor Tammy de Weerd E IDIAN,- City Council Members: Luke C avener Joe Borton Ty Palmer Genesis Milam Treg Bernt Anne Little Roberts MEMORANDUM DATE: April 26, 2021 TO: Bill Nary, City Attorney FROM: Emily Kane, Deputy City Attorney RE: History of City's Role in Dairy Days I. HISTORIC MERIDIAN SPECIAL EVENT ORDINANCE In 2014, by the adoption of Ordinance no. 14-1611, City Council added these provisions to Title 3, Chapter 4, Meridian City Code: • CITY SERVICES: Services provided by City employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department, and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, or the provision of services by City contractors. (Meridian City Code section 3-4-1.) • SPECIAL EVENT: * * * A special event shall be classified as an "Historic Meridian Special Event" where such special event has occurred within Meridian on an annual basis for seventy-five(75)years or more. (Meridian City Code section 3-4-1.) • It shall be unlawful for an organizer of a large scale special event,or any person, to conduct, allow, organize, or cause to be conducted or organized a large scale special event without the following: * * * A mutually negotiated and agreed upon special event agreement with the city to establish the terms and conditions of any city services or property to be used, whether as required by this chapter or at such organizer's election, including estimated payment due for all city services provided or necessary to support the event. City may provide city services necessary to support Historic Meridian Special Events at no or City Attorney's Office ■ 33 E. Broadway Avenue, Suite#306 ■ Meridian, ID 83642 Phone 208-898-5506 0 www.meridiancity.org PAGE Page 261 Item#15. reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). Notwithstanding the execution of such contract,all provisions of this chapter,including penalties for noncompliance, shall apply, in addition to any remedies set forth in such contract. (Meridian City Code section 34-5(17)(3)(b).) By the adoption of Ordinance no. 14-1614, City Council also amended the Parks Code: • Any person or organization may request that the department reserve a reservable park amenity for its lawful use. Upon receipt of such request and payment of applicable fees as established by fee schedule, the department shall reserve reservable park amenities at the time and place, in the manner, and according to the procedures for equitably allocating reservations as enumerated by administrative policy. No reservation fee shall apply to historic Meridian special events as defined in Title 3, Chapter 4 of this Code. (Meridian City Code section 13-2-4(C)(1).) II. AMOUNT OF CITY'S INVESTMENT In 2014, the City invested a total of$8,168 in Dairy Days, of which $5,982 was for the parade. ACHD also provided materials and flaggers at a cost of$5,374 to ACHD. • 2014 Parade: $50 Citizen's use permit fee waived $2,005 Police staffing for parade (18 officers) $3,927 Specialty Construction traffic control plan, signs, barricades, flaggers per ACHD requirements • 2014 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event + $636 Storey Park reservation fee $8,168 In 2015, the City authorized an expenditure of$9,000 for Dairy Days, of which approximately $7,750 was for the parade. (The following numbers are based on a pre-event estimate.) • 2015 Parade: $50 Citizen's use permit fee waived $2,000 Police staffing for parade (15-18 officers) $5,000 Traffic control plan, signs, barricades, flaggers per ACHD requirements $700 Fire Department EMS/first aid staffing (4 paramedics, 2 roving, 2 at aid station) • 2015 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event + $636 Storey Park reservation fee $9,936 City Attorney's Office ■ 33 E. Broadway Avenue, Suite#306 ■ Meridian, ID 83642 Phone 208-898-5506 0 www.meridiancity.org PAGE page 262 Item#15. In 2016, the City invested $10,037 in Dairy Days, of which approximately $7,541 was for the parade. • 2016 Parade: $50 Citizen's use permit fee waived $2,192 Police staffing for parade $4,339 Traffic control plan, signs, barricades, flaggers per ACHD $960 Fire Department EMS/first aid command post staffing • 2016 other: $150 Temporary use permit fee waived $1,400 Parks &Recreation staffing Storey Park during event $869 Storey Park reservation fee + $77 Electrical permit fee $10,037 In 2017, the City invested $11,573 in Dairy Days, of which approximately $8,030 was for the parade. • 2017 Parade: $50 Citizen's use permit fee waived $2,094 Police staffing for parade $4,806 Traffic control plan, signs, barricades, flaggers per ACHD $1080 Fire Department (3 bike medics) • 2017 other: $150 Temporary use permit fee waived $2,364 Parks &Recreation staffing Storey Park during event $964 Storey Park reservation fee + $65 Electrical permit fee $11,573 In 2018, the City invested $7,596.72 in Dairy Days, of which approximately $5,142.12 was for the parade. • 2018 Parade: $150 Large-Scale Temporary Use Permit fee waived $664.12 Police staffing for parade $4,078 Traffic control plan, signs, barricades, flaggers per ACHD $250 Fire Department staff costs • 2018 other: $1,420 Parks &Recreation staffing Storey Park during event $964.60 Storey Park reservation fee + $70 Electrical permit fee $7,596.72 In 2019, the City invested $11,015.86 in Dairy Days, of which approximately$ 8,561.26 was for the parade. • 2019 Parade: $150 Large-Scale Temporary Use Permit fee waived $ 2,161.26 Police staffing for parade $6,000 Traffic control plan, signs, barricades, flaggers per ACHD $250 Fire Department staff costs • 2019 other: $1,420 Parks &Recreation staffing Storey Park during event $964.60 Storey Park reservation fee + $70 Electrical permit fee $11,015.86 City Attorney's Office ■ 33 E. Broadway Avenue, Suite#306 ■ Meridian, ID 83642 Phone 208-898-5506 0 www.meridiancity.org PAGE page 263 Item#15. In 2020, Dairy Days was canceled in order to avoid the spread of COVID-19. III. MECHANISM OF AWARD TO DAIRY DAYS The Split Corridor was completed in 2014, necessitating a new parade route. ACHD also advised the Dairy Board that it would no longer provide traffic safety devices such as barricades and cones, and that volunteers would no longer be acceptable for traffic control. City staff advised City Council that the costs of providing City services to support the parade (as well as the event in the park) were growing given area growth. An interdepartmental team of City staff members proposed an ordinance for historic Meridian events that would help formalize the City's relationship with the Dairy Board as a partner in providing services necessary to support Dairy Days. City Council passed the ordinance, and staff worked with the Dairy Board to identify and cover or absorb the City's costs. On March 24, 2015, the Dairy Board president made a presentation to City Council requesting that the City absorb all costs related to City services and the traffic control plan. Following City Council deliberation, City Council agreed to fulfill this request, committing up to $9,000 for in-kind/staffing contributions and payment for the traffic plan. The Mayor sent a letter to the Dairy Board advising them of the City's contribution to Dairy Days. On May 17, 2016, the Dairy Board president made a presentation to City Council requesting that the City absorb all costs related to City services and the traffic plan. On May 24, 2016, the Mayor noted that the cost of the City services necessary to support Dairy Days, including the traffic plan, would be absorbed as part of the departments' respective budgets. On May 23, 2017, the Dairy Board president appeared before City Council to make a request for the contribution, and, following deliberation, Council authorized a not-to-exceed amount of$4,600 for the traffic control plan and directed staff to coordinate with the Dairy Board to provide the other City services. The costs of the City services were absorbed as part of the departments' respective budgets. On May 22, 2018, the Dairy Board president appeared before City Council to make a request from the City of$6,000 to be used for preparation of the traffic control plan. City Council authorized a not-to-exceed amount of$6,000 to the Dairy Board. The costs of the City services were absorbed as part of the departments' respective budgets. On May 21, 2019, the Dairy Board president appeared before City Council to make a request from the City of$6,000 to be used for preparation of the traffic control plan. City Council authorized a not-to-exceed amount of approximately $6,000 to the Dairy Board. (The City had budgeted $4,900, so the additional amount required a budget amendment.) The costs of the City services were absorbed as part of the departments' respective budgets. Since 2015, other than the minutes reflecting City Council's authorization of the City's investment, no other documentation has been used to memorialize City Council's decision. The City Attorney's Office has also been advised not to prepare a written agreement with the Dairy Board regarding the use of City services and/or City facilities for Dairy Days. City Attorney's Office ■ 33 E. Broadway Avenue, Suite#306 ■ Meridian, ID 83642 Phone 208-898-5506 0 www.meridiancity.org PAGE page 264 92nd Meridian Dairy Days 05/18/2021Board Members Presented by: 2020 Livestock show 2020 Events- 2020 - 2020/2021 Donations TDS FiberHOST SPONSOR 2020/2021 Donations GOLD SPONSORSCBH HomesPLATINUM SPONSOR Schedule of Events Dairy Days ClosesFireworksUS Army Band-Live Music TV-Real Dairy Parade, KBOIRed Light Challenge-Live Music Half Fast Hillbillies-Live Music Invisible Swordsmen-Live Music Rainier CarnivalMeridian Pool Open SwimmingMeridian Music and Arts-Live Music Parent/Youth Volleyball TourneyThe Bull 101.9 Radio RemoteVendors (Food and General)Dairy Days Fun Run (1 mile)Saturday, June 26 Meridian Speedway racesgates open-racing events -Meridian Speedway preAdult Coed Volleyball Tourney Friday, June 25 (continued)Cornhole TournamentWild 101.1 Radio RemoteThe Moody Jews-Live Music Rainier CarnivalGeneral Vendors in Storey ParkFood Vendors in Storey ParkOld MacDonalds Farm 1st Annual Keith Bird Memorial Golf Tournament StartIn-1st Annual Keith Bird Memorial Golf Tournament Check H & FFA Dairy Goat Show-4H & FFA Dairy Cattle Show-4 Friday June 25 Soul Patch-Live Music Vendors (Food & General) in Storey ParkPancake FeedMy 102.7 Radio Station RemoteOld MacDonalds Farm Thursday, June 24 71st Annual Meridian Dairy Days Princess Pageant Wednesday, June 23 2020 Asking for a budget of $10,000 Unknown Additional incidentals Additional crowd control (Caution tape)? Unknown$ 8,787.15$ 1,710.009.$ 630.00 Additional Flagging 8.Arrow Board 7.$ 292.50 Drums 6.$ 350.00 Tubular Markers (Candles) 5.Tubular Markers (Candles) (Crowd Control) $ 525.00 4.$ 199.50 Barricades 3.Traffic Control Signs 2.50.004,6Mobilization & Maintenance $ 1.SPECIALTY CONSTRUCTION SUPPLY QUOTE Traffic Control - Thank you for your support!