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2021-05-25 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 25, 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/89230681562 Or join by phone: 1-669-900-6833 Webinar ID: 892 3068 1562 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault ADOPTION OF AGENDA Adopted as Amended (Item #11 vacated) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 1. Approve Minutes of the May 11, 2021 City Council Work Session 2. Approve Minutes of the May 11, 2021 City Council Regular Meeting 3. Southridge Subdivision No. 4 Pedestrian Pathway Easement 4. Final Plat for Goddard Creek Townhomes (FP-2021-0029) by SI Construction, LLC, Located on the Northwest Corner of W. McMillan Rd. and N. Goddard Creek Way 5. Final Order for Cache Creek Subdivision (FP-2021-0028) by Schultz Development, LLC, Located on the Northwest Corner of E. Victory Rd. and S. Locust Grove Rd. 6. Final Order for Wadsworth Meridian (FP-2021-0030) by Wadsworth Development, Located at 3185 E. Ustick Rd. 7. Findings of Fact, Conclusions of Law for Creamery North Condominiums (SHP- 2021-0002) by City Center Redevelopment, LLC, Located at 33 E. Idaho Ave. 8. Findings of Fact, Conclusions of Law for Creamery South Condominiums (SHP- 2021-0001) by City Center Redevelopment, LLC, Located at 703 E. Main St. 9. Development Agreement Between the City of Meridian and GFI - Meridian Investments III, LLC (Owner/Developer) for Gateway at Ten Mile (H-2020-0046) 10. Second Addendum to the Development Agreement Between the City of Meridian and Dr. Matthew Tuft (Owner/Developer) for Cornerstone Dental MDA (H-2021- 0009), Located at 3250 N. Leslie Way ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 11. Finance Department Quarterly Update - Demographic Data Update Vacated 12. Mayor's Office: Neighborhood Grants Program Discussion ADJOURNMENT 4:51 pm Item#1. Meridian City Council Work Session May 25, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, May 25, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Jodi St. Martin, Jamie Leslie, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, call this meeting to order. For the record it is Tuesday, May 25th, 2021, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: It's with greatest pleasure that I have that I make a motion to adopt the agenda, removing Item 11, because it's been vacated. So, I move that we adopt the agenda as -- or as amended. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda, removing Item 11. Is there any discussion on the motion? If not, on in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the May 11, 2021 City Council Work Session Page 5 Meridian City Council Work Session Item#1. May 25,2021 Page 2 of 9 2. Approve Minutes of the May 11, 2021 City Council Regular Meeting 3. Southridge Subdivision No. 4 Pedestrian Pathway Easement 4. Final Plat for Goddard Creek Townhomes (FP-2021-0029) by SI Construction, LLC, Located on the Northwest Corner of W. McMillan Rd. and N. Goddard Creek Way 5. Final Order for Cache Creek Subdivision (FP-2021-0028) by Schultz Development, LLC, Located on the Northwest Corner of E. Victory Rd. and S. Locust Grove Rd. 6. Final Order for Wadsworth Meridian (FP-2021-0030) by Wadsworth Development, Located at 3185 E. Ustick Rd. 7. Findings of Fact, Conclusions of Law for Creamery North Condominiums (SHP2021-0002) by City Center Redevelopment, LLC, Located at 33 E. Idaho Ave. 8. Findings of Fact, Conclusions of Law for Creamery South Condominiums (SHP2021-0001) by City Center Redevelopment, LLC, Located at 703 E. Main St. 9. Development Agreement Between the City of Meridian and GFI - Meridian Investments III, LLC (Owner/Developer) for Gateway at Ten Mile (H-2020-0046) 10. Second Addendum to the Development Agreement Between the City of Meridian and Dr. Matthew Tuft (Owner/Developer) for Cornerstone Dental MDA (H-2021-0009), Located at 3250 N. Leslie Way Simison: Our next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent -- Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. Page 6 Meridian City Council Work Session Item#1. May 25,2021 Page 3- 9 MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 11. Finance Department Quarterly Update - Demographic Data Update Simison: And Item 11 is vacated. 12. Mayor's Office: Neighborhood Grants Program Discussion Simison: So, we will go on to Item 12, which is the Mayor's Office neighborhood grants program discussion and ask Jodi to come forward. St. Martin: Thank you for holding a special meeting just for me tonight. Nice to see you Mayor and Councilmen and Council Woman. I'm here to -- this is not new information to any of you. We have had fun casual conversations, but I would like to do a presentation for those who are watching this recorded. I am coming to speak to you about a neighborhood grant program, otherwise known as Participatory Budgeting, which is something the City of Meridian has been doing, with the absence of last year, for probably six years now. So, thank you for having me here. How do I advance this, Chris? All right. I would like to run down the presentation, have an introduction, example of program and projects, application process, project requirements and funding needs. Johnson: Just -- yeah. Hold your down arrow until you are -- there. St. Martin: All right. I would like to thank the grandfathers of this program, Papa Joe Borton and Peepaw Todd Lavoie, from my southern influence in Texas. I had permission from Peepaw to say that. Joe Borton and Todd Lavoie brought this to the City of Meridian about -- probably eight years ago with the introduction and put it into -- into play about six years ago. Participatory Budgeting is an active community project, which brings citizen input on projects that would be beneficial to the community and we have worked this project historically with the Mayor's Youth Advisory Council and the Mayor's Senior Advisory Board. Upon Mayor Simison coming into office he gave me the opportunity, as a former project manager, to review and -- and suggest any changes from the past projects that I have run and this is the presentation which I would like to present today. I called and visited with 13 cities across the U.S. and Canada that have had successful participatory budgeting projects. I have listed here 11 with similar population sizes to kind of give you an example of budgets that are out there. I wanted to emphasize that historically we have not had an application process, but something I would like to implement and all of them -- all the projects are located on public property or an easement that was given to the city. This is an example of the program timeline. I Page 7 Meridian City Council Work Session Item#1. May 25,2021 Page 4 of 9 would love to see this launched in August, sometime around National Night Out, kind of get that community -- we are all involved in the community at that time visiting neighbors and neighborhoods and just -- and it would be a great time to launch this. I would like to see a mandatory workshop and application registration for those that are interested, either individuals or groups of people and committees that would like to work together through the month of September. We would like to see the -- the committees or individuals work with the project manager, which would be me, and other city staff as needed if they need help with bids through the month of October. Voting would happen in November. The projects would come to City Council for you all to vote on and following the confirmation of their project they would be able to start their projects as they are able to. If weather is an issue, then, they would have to wait for that. The projects would complete I would hope the first part of September, so we can wrap up all the final reports before the end of the fiscal year. Here is just some illustrate -- or pictures of successful Participatory Budgeting projects that have been done around the country. Successful MYAC and MSAB projects that I would like to highlight were the bike fix it stations that are around the downtown core of Meridian. The fishing dock at Kleiner Park that has ADA accessibility. The Memorial Garden at Kleiner Park. And those are my three favorites. But those are the ones I would like to highlight that we did very successfully. The application process would require a workshop and based on where we are at I would assume that we would want to keep this virtual, so it's something we can view throughout the process and, then, if someone wanted to really do something they wouldn't have to be present. They could, then, re -- re-share that information with their group as they were forming one. I would like to see them form committees, but not limited to an individual who has a fantastic idea that might be able to do a project as well. They would work with myself, project manager of this Participatory Budgeting or neighborhood grants program and, then, would help vet the projects before we brought it to City Council. Feedback from several of you after some of our conversations. I would highly recommend the voting taking place just by City Council. I think with people and social media we could get a huge popularity contest versus a great project and so my goal would be to have City Council determine what would be the best project for the city for the community. Project requirements. The who. My fortunate advantage of what I do in the Mayor's Office -- I get to reach out to all these people, groups already and it would be my privilege to invite them all to participate. We would be inviting the HOAs, churches, businesses, schools, special interest groups and I would really like to see youth and seniors still involved in these -- in these projects. The projects must be located on public property or, like I said, an easement that would be given to the city. The how. Approved projects will be managed by individuals or committees and must report the progress to their project manager the city staff. One, projects must be completed within the fiscal year budget and final reporting due by the end of September. I do kind of run my programs strictly, so I would like to see these actually finished towards the beginning of September, so that we have that whole month to get that -- the final documentation in. Again, after feedback from several of you I had initially proposed 45,000 dollars for this project -- for this program this first year. After speaking with a couple of -- or several of you we determined that 15,000 dollars per project -- we were going to do three projects. Fifteen thousand per project wasn't always probably going to be the best kind of projects coming to -- coming Page 8 Meridian City Council Work Session Item#1. May 25,2021 Page 5- 9 forward, so I would like to decrease that to two projects max and up to 25,000 dollars per project. My -- my request would be for this program our first year 50,000 dollars. And I stand for any questions at this point. Simison: Thank you, Jodi. Council, any questions? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, Jodi. Great presentation. Got a question for you. Any possible -- would there be a possibility that we would -- could choose one project or 50 if it was or does it to have to be two projects for 25? St. Martin: Well, I wouldn't want to see because we have two projects on there that we had to do two. I think that's where the ebb and flow of the -- the management comes and we really want to bring the best projects for our community and not just do one project because there is a budget for it and -- you know. And that's where -- and this is in the conversation we are having now, like do we -- do we have a really amazing project that's going to break the 25,000 dollars? Can we do an amendment to increase that budget? And this is why I'm coming to you all for the input and why I invited Peepaw over here. Simison: And I would say to a certain extent yes, because, you know, this is really about creating what the expectations are moving forward and, you know, we -- we are viewing this as a pilot for this year to help answer some of these exact questions. I know Jodi's -- we had a conversation that said, hey, I want it to be manageable for her. What -- how much can we actually do? How many projects? Because the intention is as we move towards districts do we expand this to do a project in a district? At what cost? How does that work? Do we have the capability to manage that? So, we are just trying to -- I think the main point is we are trying to look at what's a reasonable, manageable amount of work and reasonable, manageable dollar figure for the -- for the City Council to consider that they would want to do on these projects. So, yes, I think that there are -- these are things that even as we get into the project maybe there is some modifications that we make, because that's the beauty of a pilot; right? Bernt: Yeah. Mr. Mayor? Simison: Councilman Bernt. Bernt: Just coming from the private sector, you know, there is something to be said, you know, for demand and competition. You know, I think it would be cool, you know, like if -- to have -- you know, even take it a step further maybe and allow for competition and to see who comes up with the best project and I mean I think that will make the project even better. I would hate to -- going off of what you said, Jodi, having to select a project that was just sort of, eh, you know, okay because we had a select two for 25, when if Page 9 Meridian City Council Work Session Item#1. May 25,2021 Page 6- 9 there was one that was a true winner that could definitely make a difference in our community, you know, giving the funds to that project in the match. St. Martin: There were two -- may I address -- there are two great projects that we had community involvement with. That was Republic Services. They not only on top of the allowed project dollars, they, then, doubled that. They met that. And so the -- the youth were allowed to create something even better, because they -- they met those funds. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks so much, Jodi. And I love the idea and agree with the idea that we should have competition and if there is a great project that fits the bill that would be fine. How would this work for an individual? I was happy to hear you might be open to that. Sometimes people are part of a group, but maybe there is just a local parent or a local person in the community that sees a need in their neighborhood. Is it possible for one person to participate in this and -- you know, without forming a committee and a huge group? That was my question. St. Martin: Yeah. I think a lot of the times we -- especially with working with the Mayor's Youth Advisory Council, we -- we have had -- we had a lot of great ideas collaboratively -- collaboratively, but those one off ideas were so amazing and there are ways to wrap support from the community in that project build, but I wouldn't want someone, if they didn't have a committee, to feel like they couldn't participate or throwing in their idea. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Jodi, do you anticipate the process to include a -- like an RFP rubric, some scoring mechanism that would allow the Council, as ultimate decision makers, to compare apples to apples? St. Martin: Please describe RFP. Borton: A request for proposal where we would receive the -- the competing requests, but we might have some metrics that might help us make a decision one over the other. St. Martin: Well, I don't assume that I'm going to know every aspect as a project manager, I'm going to be pulling in other people, especially city staff, to help with these. I think the more involvement we have and interest from everybody, the better projects we are going to get. Simison: And, Councilman Borton, to a certain extent, yes, we are not going to put something forward that's not on public property. You know, there will be certain Page 10 Meridian City Council Work Session Item#1. May 25,2021 Page , of 9 elements to make sure it would check the boxes and including some of the operational side of things that we need to still make determinations, work with Finance, that sometimes may make it difficult for an individual to do it based on how we choose to do this, whether it's upfront or reimbursement process for these projects, you know, so there -- there are some of those elements. So, yes to a certain extent, but ultimately I think the main -- we probably would not want to -- we would probably want to let you know whether or not it checks the boxes. But the value -- I think that's where we leave it to Council to determine the overall value of the project to the community. Borton: Got it. Yeah. It has to meet -- Mr. Mayor? Simison: Councilman Borton. Borton: -- some baseline benchmarks of eligibility of course. I think it's great. I think it's a great program. My initial reaction was having a cap was helpful. I think if you didn't have a cap you might get all 50,000 dollar requests, which forces your hand to pick one, as opposed to an opportunity to pick two. I guess it cuts both ways. So, I guess my takeaway on it all is make it happen, stumble a little perhaps and learn and make it better every year, I think that's what made Participatory Budgeting better. We learned and don't let us get bogged down in some of the minutiae. You are going to learn as you go though it, so I think with your leadership it's going to be wildly successful and probably provide something to our community that the seven of us would go, holy smokes, that's awesome. None of us thought of that. Which is really the whole point. St. Martin: Thank you. Borton: So, I think it's fantastic. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mayor, I don't have much more to add, so maybe just a suggestion along the lines of the conversation. Maybe it is up to two and that way you don't feel obligated. If there is one that's really stellar and one that's kind of eh, that you don't feel like you have to bring two, that maybe, again, as the project manager you have a certain amount of authority to justify and, again, if we get one and Council says, oh, well, what else is out there, that that gives you an opportunity maybe to present some more information. For the record I do like the idea of a rubric or a scoring metrics of some kind so that Council can understand this is the benchmarks that it hit and that's why this project is being selected. Not required, but just -- I'm supportive of that if that's something that would have come forward. St. Martin: I have been in the back pocket -- or a gal that's doing this program in Boise similarly, she's been in the back pocket for me. She's given me a lot of reputable information that could -- that we could make for Meridian and they do have something Page 11 Meridian City Council Work Session Item#1. May 25,2021 Page 8 of 9 similar and that's one of the things we would be highlighting in the mandatory workshop. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And, Mr. Mayor, just to kind of piggyback on your earlier comments, that this first year I think it's going to require some flexibility and see how it goes and -- you know. Because I could even envision a project that's fantastic for 25 and you have two others at ten. Well, within the budget and manageable for three, that we might go, uh, who knows, you know. A couple questions, though, Jodi. One, if you are looking at a National Night Out launch, are you looking at creating some brochures, whether they are tri-folds, postcards, flyers, whatever that we can have to hand out to people, talk to people about, do your marketing, you know, that sort of thing? St. Martin: Absolutely. One thing I -- one thing I love to do is advertising and putting things together in marketing ways and I -- that's something I would definitely take on myself. Hoaglun: Great. And the other question that I have is -- we have talked about, you know, who is eligible for this. It could be individuals, it could be organizations. What -- what if someone applies and it's an Eagle Scout project? Does that fit within the realm? St. Martin: That would be great. Hoaglun: Appreciate the presentation. It was very helpful. Thanks. Simison: Okay. Council, anything further? Cavener: Good job. Thanks, Jodi. Simison: All right. You will see this as an enhancement in your budget and, then, like I say, assuming it looks like it's going to move forward we can prepare for an August 3rd -- or National Night Out launch appropriately. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe just -- I know that we are talking a certain monetary amount for the project, but if we could maybe tack on eight, maybe 15 dollars more so Peepaw can get a new name tag for his door, I would certainly be in support of that. Borton: And, Mr. Mayor, I have to ask -- I'm curious about -- it's not a Texas phrase I'm familiar with. I don't know what that stands for. Does that stand for old man or what? I'm not -- Page 12 Meridian City Council Work Session Item#1. May 25,2021 Page 9- 9 Cavener: Distinguished leader. Simison: I was going to ask our CFO if he wanted to talk about the program, but he's welcome to respond in any way he would like to any of these comments. Lavoie: I believe Peepaw is much younger than Papa, so that's all I recall. So, Papa Borton is definitely in order. Simison: All right. Thank you. Council, with that we have reached the end of our agenda. Do I have a motion? 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 the meeting. All in favor signify by saying aye. Opposed nay? The ayes have it. You are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / g 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 13 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 11, 2021 City Council Work Session Page 3 Meridian City Council Work Session Item#1. May 11,2021 Page——— MOTION CARRIED: FOUR AYES. ONE NO RESPONSE. ONE ABSENT. MEETING ADJOURNED AT 5:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 27 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 11, 2021 City Council Regular Meeting Page 28 Meridian City Council Item#2. May 11,2021 Page——— Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 7:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 63 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Southridge Subdivision No. 4 Pedestrian Pathway Easement Page 64 Proiect Name (9ubdivisio►i Southridge Subdivision Phase 4 ADA COUNTY RECORDER Phil McGrane 2021-083005 BOISE IDAHO Pgs=5 CHE FOWLER 05/26/2021 03:42 PM CITY OF MERIDIAN, IDAHO NO FEE PEDEST)ltIAN PATHWAY EASEMENT THIS AGREEMENT, made this 1 0'' day of rt 20A 1, between . Challenger Development Inc, � hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the propose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all tithes, TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed.any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain, the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become pant of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 Item#3. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada } I CJ ,� This record was acknowledged before me on + M (date) by 2.Q Z +N11(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 Q,11QM (name of entity on behalf of whom record was executed), in the following reliresentative capacity: v- e of authority such as officer or trustee) (stamp) Not ry Signature JMy Commission Expires: ZuZZ. i \w � p.LA MP /j .....,MR,y V/ '��°o;�pFtl'PU,�fG�•' V MY COMMISSION r ; EXPIRES 7-16-2022 ° ;s Ro. . /rS o 0��o�� \`��� Pedestrian Pathway Easement REV. 01/01/2020 Page 66 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-25-2021 Attest by Chris Johnson, City Clerk 5-25-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-25-2021 (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 Pedestrian Pathway Easement REV. 01/01/2020 Page 67 Item#3. LEGAL DESCRIPTION Wo W 0 Aft-4 HE LAND Page 1 OF 1 GROUP April 15,2020 EXHIBIT A Project No.: 117035 CITY of MERIDIAN PATHWAY EASEMENT SOUTHRIDGE SUBDIVISION PHASE 4 ENDURANCE HOLDINGS, LLC A 12 foot-wide easement situate in a portion of the Southwest One Quarter of the Northeast One Quarter of Section 23,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the Northeast Corner of said Section 23, marked by a brass cap monument;thence on a random line,South 38'32' 21" West, 2569.21 feet,to a point of curvature on the southerly lot line of Lot 87 of Southridge Subdivision Phase 3,as same is shown on the official plat thereof, recorded in book 118 of plats,at page 18003, Ada County Records,AND the POINT OF BEGINNING: Thence 146.18 feet on the arc of a curve to the right,having a radius of 487,00 feet, a central angle of 17' 11' 52", and whose long chord bears South 09°08'42"West, 145.63 feet to a point of non-tangent compound curvature; Thence 302.83 feet on the arc of a curve to the right, having a radius of 237.00 feet, a central angle of 73' 12'41",and whose long chord bears South 54°20' 59"West,282.65 feet; Thence North 89°02'41" West, 154.71 feet to a point of curvature; Thence 12.00 feet on the arc of a curve to the right, having a radius of 150.00 feet, a central angle of 04°35'06",and whose long chord bears North 00°35' 06" East, 12.00 feet; Thence South 89°02'41" East, 154,78 feet to a point of curvature; Thence 287.50 feet on the arc of a curve to the left, having a radius of 225.00 feet, a central angle of 73° 12'41", and whose long chord bears North 54' 20' 59" East, 268.34 feet to a point of non-tangent compound curvature; Thence 140.77 feet on the arc of a curve to the left, having a radius of 475.00 feet, a central angle of 16°58'46", and whose long chord bears North 09° 15' 15" East, 140.25 feet; Thence North 81°58'45" East, 12.14 feet to the POINT OF BEGINNING. The above described easement contains 0.164 acres(7123 Ft') more or less. LAN PREPARED BY: gtia �CCNS `�� The Land Group, Inc. Michael Femenla, PLS o w t3 x Of 4 s. c��I�slzozo 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 68 Item#3. S-14 S.13 S.23 , S.24 City of Meridian ,� X NE COR 5EC.23 �Q Pathway Easement �„ CP&F#107153515 Situate in a portion of SW 114 of the NE 1/4 of Section 23 Township 3 North, Range 1 West,Boise Meridian City of Meridian,Ada County,Idaho ,' / 2020 — —— `_ C��: Lot 87 —— . 5autt+r+dgf Phs.3 POB I N81°58'f45"E 12.141 !I I r co 4 r Proposed ' EASEMENT z T U) co Southridge Sub.Phs.4 0.164 Acres(7123 Ft) p�OF W R9LfA CA W. R co Cerve Table la ,� �_ m De Plata D?% S89'0214111E 154.78' ��+ CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH 0 ci 146,18, 497.00' 17°11'52" 509°08'42°W 145.63' y = N89°02'4111W 154.71, 4� C2 302,83' 237.00' 73°12`41" 554°20'59'W 282.65' � co - S80°4zQ1„E. 198427 $,24 C3 12.00' 150.00' 4°35`06" N00°35'06"E 12.00' a = "�$.23 C4 287.50' 225.00' 73°12'41" N54°20'59"E 268,34' O C5 140.77' 475.00' 16°58`46" N09°15'15"E 140.25' A Mft E 114 COR SEC.23 JJ CP&F#2018-009553 0 80, 160' ■� _ Exhibit "B" y CA lu.i a E iE _ Project No.:117035 d Horizontal Scale:1 — 80 s Date of Issuance:April 15,2020 Page 69 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Goddard Creek Townhomes (FP-2021-0029) by SI Construction, LLC, Located on the Northwest Corner of W. McMillan Rd. and N. Goddard Creek Way Page 70 Item#4. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: May 25, 2021 Topic: Final Plat for Goddard Creek Townhomes (FP-2021-0029) by SI Construction, LLC, Located in the Northwest Corner of W. McMillan Rd. and N. Goddard Creek Way Request: Final Plat consisting of 34 age-restricted, attached, single-family residential building lots and nine (9) common lots on 4.62 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 71 Item#4. STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/25/2021 Legend DATE: L11 �� 0 OProject Location TO: Mayor&City Council ��,m rt-oWE�E-MLLt � ® FFM FROM: Joseph Dodson,Associate Planner ff 208-884-5533 -� �� _ R-$ SUBJECT: FP-2021-0029 C_G L-0 C-C ID5 L_0 Goddard Creek Townhomes -RUT— I LOCATION: The site is located in the northwest corner C-N ®R-8 of W. McMillan Road and N Goddard RU.T� I0T Creek Way, in the SE 1/4 of the SW 1/4 of R-4. Section 26, Township 4N.,Range 1 W. `R-2 R'4 P �\ F" o -RUT+ I. PROJECT DESCRIPTION Final Plat consisting of 34 age-restricted, attached, single-family residential building lots and nine (9) common lots on 4.62 acres of land in the R-15 zoning district. The Applicant has also applied for Alternative Compliance to the Private Street Standards (UDC I I- 3F-4)to incorporate faux gates in lieu of a gated community consistent with a condition of approval of the approved Rezone and Preliminary Plat. The director has approved the request for alternative compliance (see analysis below). II. APPLICANT INFORMATION A. Applicant/Owner: Steve Schmidt, SI Construction,LLC— 1016 W. Sanetta Street,Nampa,ID 83651 B. Representative: Sophia Durham, Conger Group—4824 W.Fairview Avenue,Boise,ID 83706 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the only phase of development of the Goddard Creek Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. In fact,the amount of qualified open space has slightly increased due to the large open space lot(Lot 23)being larger than it was with the preliminary plat approval. Pagel Page 72 Item#4. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Alternative Compliance The Applicant has requested Alternative Compliance approval,per the standards in UDC -11-513- 5B2,to provide an alternative to the requirement to construct a gated community per the Private Street Standards,UDC 11-317-4. The Applicant was essentially required to construct private streets within the development due to its location being landlocked by public roads that cannot allow access therefore,requiring development access via an already existing private street. In lieu of constructing functional gates,the Applicant has proposed four(4) faux gates at the entrances to the development; one gate on each side of the two private streets. The Applicant has shown the gates' proposed locations and provided an exhibit of the gates with the revised landscape plans. Staff supports the proposed alternative to the gate requirement of the Private Street Standards and finds the proposed alternative meets the intent of the standards. 1. Strict adherence or application of the requirements are not feasible; or Strict adherence to the Private Street Standards(UDC 11-3F-4) in this situation is feasible but would require significant redesign and change the character of the development. With the development being an age-restricted product and wanting to integrate with adjacent development, strict adherence to the standards is not desired by Staff or the Applicant. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Applicant is providing four(4)faux gates at the entrances of the subdivision that are anchored by 5-foot tall stone pillars.Although the gates will not be functional, they should provide for the privacy envisioned by a private street/gated community. Therefore,Staff finds the alternative compliance provides an adequate aesthetic and meets the intent of aforementioned standards. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The alternative means provided by the Applicant is not detrimental to the public welfare of the subject property or to those surrounding properties. In addition,Staff finds the alternative means will enhance the character of the immediate area and the approved subdivision. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director has approved the Alternative Compliance request per the findings in UDC 11-5B-5B2. Page 2 Page 73 Item#4. V. EXHIBITS A. Preliminary Plat(date: 9/2/2020) WN 5[pryCE (CCMNUNIIY BUSINE6J II I ill ,r cRNEwA��yE y i e Ca IIII� o d II� imp, 0 r b y — n II I II o e e7 Cfj i, O s. P I NORn1 connnRo GREEN wNr — C': N.GMDIRo a =a a 21 Y v tm :i FAR . i�4�'k € FN�• { 3 - �Ee -zh sly �£ 4� =Y^'+ AV &ASSOCIATESGODDARD CREEK SUBDIVISION - ,°�n ENCINFERAL6TRUCT RS INC.PRELIMINARYPLAT +ms 00k STFUCTD6I CONICN16 W ';x °Excxivr°x� A 063061 _ REVISIONS E(2ReI269-]A2] Page 3 Page 74 Item#4. B. Final Plat(date: 4/8/2021) o� N.sEN MILE RD. bab mA N - m m 5 m II " o No loo o � o � o , o Fo 'I x�o I I u n.>a' M $'•' S191'19•W 57.9' 3�'®B• ` c 3W II O D�Yf1v �-�• -__ - ----39.0°' J 99,Ur3t✓_w _ -- -L� Ig l x 51 n114^N I Rb.3t' SELWAY FAILS LANE(PRIVAI� I i w nl'19�laa.I' ' ' $ ]0, ,0 4° 30.50• 3sw' saoa' ism' sand as.ao' 4e , 'i�5' S91',♦'W 86.3a' v • (-__-- �_______ r_-___Q _ \ u i I I21 3 m -------- m�i ; �; I �___stm•u-w eaod___, � m $ _ 8 �8 $ o Nn�f c tnt I , O '$_�g8 i 8 __.stnfu'�zza.3w•—,m _ _- �_____�I+#i IV,�� mo I ______________1. 0 © & Q Q S O O z O ----- —--- I 5 m y'Ao� 9191."W &°a' 3a.5a' 3aW' 3aW 3a99' 3a.0a' 25.3d 91•�, - ` -�i (� I I I�'�'z>< I svrw•w ea.00'--�� ry N. 5 W t9aad - W ` WHI LANE ©$. I I r Z m © m� - - -- - - I o 1 { aaod zz3a P1 s�i E; 1 Ln o 0' •� flu �y C2 �`^ c YI I � i 2' sear L yM_.��` _tSm Q:5 �B�'?�• __ �'__'s L 1 O NlrarsW'E�w.00•�� 3�fST'.v a 1 y7g. ae.zr 5 ,i i TI m CuW O b u I� �.... so•n ae '�— sa' a).as: w.__. _._._Ig J - In p 40.38 A p U7 CAOUARO CREEK WAY 50311YW 107.31 -'�\ O 3ff o0.1W�.PER INSi. y �.2 N. wana, �N � -� - ZOO Cp -- --. b b o rm) n tw i O lrJ I C Z z r^ ZN3� v� 4>yoa 2?O � N T �fl O S � ��c pSgn9 �q Mai �aa cn G OR j a m m og m C1 rri oN _c o Os n 9S Ao— nGig o n WP Oa y�9 o' m wN a v84 _ a Page 4 Page 75 Item#4. GODDARD CREEK TOWNHOUSE SUBDI VISION r� "VE TABLE 1. xin ..-Dni-1•oaunnalcr� ww IION, ToMr vwi RE Rno1115 I]ELTa ITTS Ro BRC.CHORD psi. 5"�Lr.PNrvA1E ON Pueuc aV rAly wwLan c pnps In AN nBOui MEN ICI T.HO ttT'554 ONEEv)rPAk,MHW k1E OPEAAPON M45 NOT a uu sFu¢ATEiNE SME lRE OP[unou F3+Be OR OR IcrA.1 0—..OE ANT AN--APO.oR Yl.wl sH'rso'x F)6FB FP--Axce ip x. 5190P 30.19 54W'25"E SB 12 cx �>.m sam slOsal<•E -sem[���wle,s IsliiTTwixma"velOBl a'Po anbn°eo�5m��eA�n 'w.iTn mH1s Auo mL�Be rEn IrR Av,_ssM s_-rnFlrs melonnax psnacr.� 90xm0o' 10438 SNS'58'b'E -TME - cgMPLY Nm nE aPPucAELE RE0.NAAONS Ix ElaEcf RJI AT WE LWIM e64 oT TIE TAR im I55MANOE OR INdNeVPl EU LWb PERM_OR AE hN'E .d I�1%s;M 2a,11 O as,. I ARE w Ix11 RH1ERT As9%ILF Ox ALL aE mmRo AND aONmOo' S1355'a54 eR k a eax TMs Alta RROAe AN, u PNAxtx Is mwlsPT£ 916" s3Y5Y 'Ss•E OF MF Kx[#ffi PNP�EOOIAMO mmEgRIeM DIM m�aA, 90xB'BO• —19E s.BYsS• m1y awcNs Ls R 11 An0 LOT 22 BLKN 1 19 1d]Z35' Td'2'/E Pkornm PoR m Nrt'csrtxeRi14T A oinows exo kE5 RIIC1Ti0NLOFv m. FnN wig mwNADJACENT PUBLIC uINCEs,POAD MOTmla'nlu Ls°uE`Kz11 AREAll vN s TO ATER(10) "I I—INEDN'rzs'aY xINTYw'Y OIMID ONED �E(3) IaR Laf IHES uNLORIN[MEN9pEu VmF1 111e EASEMEInsEl utE As All lOrx arcsx'am reaw ON TWO •zrcm SBI�r3o•w 10 W(5)LFOOT m,D—RNNA I AEA E­AEN 1 Ear seem -.D w 1 AND LOTS n TNRw NL.T 40113m rmw 1 - O AAO amsrw• ,a•esw vPAxT m Ax useAIINT AmEOMExr PIA wsmuNEDT xp zma-oea�z m.- 1.1vx OD 10—NO.NIDE 1111.FEAMAnENT use T 11.11 ZaW se'm• 'saw 1 CReSS/m+E%T ICCMune9 FA.4u. 1Ha>s n-DT "OD lg1yY%'W sM0--(RttO— IL 1.34uB IN E=102 CR PL4R AT PM#1M')nvut 1 e 11 MIpE INfAE55/FMESS RY Xxx+rAsc2 A*w 1,tt xERIWN—NTO�ixAi[R�ux[Ti.l..T emlaF-uuTA .R.—-s.(RECpmen ON MAT R;..IN—NO OE Pull AT PARE IOee) 11 A'NER M Lry>LS�BTME Pusnc EHRAP wvs.T POUORx T E OOA--- ' sukwwmL NERIAPm m[xouuudT Nm A] irou ND wu m1 X 6'N x ORFas 1mFf eusne Ou_ 1e_TAN E IE E MINIM WI91DE o-PR nE Pu�alO R1GM-CF-WAYS. IIT'1 a1i l'BnxE ANo xExrc Mu 11 APPPx�F4 Br A..0 r.—T Lm Ac7Ess TJ A. RD AN OND A. bpl`AND Nay h a �e �"yN3 GIET� BOOK PAGE IDAHO ao55 w.EMERni. SURVEY JOB 40.21-087 izom EHT SHEET z of a GROUP,LLC Page 5 Page 76 Item#4. C. Landscape Plans (date: 5/17/2021) PLANT SCHEDULE sawn 1 nnEo Wien uArvs ar R o Nri<L '✓�1 "L' tea,"„°'.-,�.,.,,-.«,�,..,,,�,,, -�^^�s�a u,� ;:pt.usa?.' \\ a 11 ��L� xI�� •P �m �"per ."� :e e w� r� CITY oREQUIREMENTS PRE-PLAT RIM IT TAM— 11 TL E ,>.e 'IT Imo_ _ _�� .�_� E%•� _ o O �r• 1­®r,mrruoe�.uEaau®, a 1 a eD r _ 'q"-n- T Nvex q J q SITE DEVELOPMENT FEATURES c• Q F ' U m -- O LEGEND', EI w P —,aoL -11 ,e� - a W.McMILLAN RD. ---� a SITE] i LANDSCAPE PLAN """"" ��-•'� - L--L VICINITY MAP L1�� Page 6 Page 77 I ^ ` ' ~ ^ ^ ' Item#4. CG CONGER GROUP PROJECT AMENITY As shown on the preli urinary plat,the Goddard Creek community will feature a large open park with a covered picnic shelter. - -:fir.•r a photo shown is e sunifer product Chet wig Cie insteifed- 4924w.Fairview Ave.•Boise,Idaho•93706 209.336.5355 Page 8 Page 79 Item#4. D. Common Drive Exhibit(Lots 12 and 22) w� a� z w T=: � - e� F,j1— r, 0 p90 �a - i '- --- __ .______ _____ • w s¢rw awns w ————— it J ' -----_ I I � I ar _ -. Page 9 Page 80 Item#4. E. Emergency Access/Common Drive Exhibit W SELWAY KPIDS LN 1 I I 1 W APGAR CREEK L 0 E ❑RI EW Y EM RCE CY ACCESS EP— f— EP EP EP W MCMILLAN RD --EP EP EP 30.0' 20.0' 5.0' 10.0' 10.0' 5.0' d a [a3 z VARIES VARIES 2+-4% 2-4% C7 (9 2� ASPHALT PAVEMENT 4" -Y4" MINUS 1 10" PIT RUN EMERGENCY ACCESS SECTION -NTS- TlS - LEAVITT&ASSOCIATES EMERGENCY ACCESS EXHIBIT ENGINEERS,INC. w STRUCTURAL*CIVIL ° SI CONSTRUCTION �GODDARD CREEK SUBDIVISION SURVEYING a 1016 W.SAN ETTA obN—— male: m NAMPA,IDAHO63651 SD078.001 PHONE-(20a)283-7427 r NJP 1324FIR 7STRESOM, NPA,IMF 85aDL PDL NME(M 3 4 ( - Page 10 Page 81 Item#4. 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-2020-0092,DA Inst. #2021-014149). 2. The applicant shall obtain the City Engineer's signature on the final plat by December 22, 2022,within two (2)years of the date of approval of the preliminary plat(December 22, 2020), in accord with UDC 11-613-7, 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 final plat shown in Section V.B,prepared by Idaho Survey Group,LLC, stamped on 04/8/21 by John S. Gletne, is approved with the following conditions: a. Add plat note stating development is subject to the provisions contained within the City of Meridian Development Agreement,Inst. #2021-014149. b. Add the Book and Pages for the adjacent subdivisions noted on sheet 1 of the Final Plat. 5. The landscape plans shown in Section V.C,prepared by South Beck&Baird,with a revision date of 05/17/21, shall be revised as follows prior to signature on the final plat: a. Add an additional section of stamped concrete between the Lot 12 common drive/emergency access and the internal sidewalk adjacent to Lot 35 due to this common drive acting as the sidewalk connection to the arterial sidewalk along McMillan Road. 6. Future homes constructed in this phase shall be generally consistent with the elevations approved with the preliminary plat application(H-2020-0092)with materials and architectural features to be the same or of higher quality as shown in the elevations. 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. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway that also functions as an emergency access(Lot 12),which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 9. An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications for the attached single-family homes; one design review application may be submitted for the overall development. 10. Staff s 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 Site Specific Conditions: 1. The water main connection in Apgar Creek Lane must be to the 8"mainline,not 6"hydrant lateral. Page I I Page 82 Item#4. 2. The existing sewer main stub from McMillan Road must be abandoned at the edge of pavement by capping the line. Line the remaining manhole sewer inlet with CIP liner. 3. Connect SSMH-A3 directly to the sewer main in McMillan Road by installing a new manhole South of SSMH-A3. Proposed manholes SSMH-A2 and SSMH-A1 should not be installed. 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 Page 12 Page 83 Item#4. 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-I 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 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 Page 13 Page 84 Item#4. 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 14 — Page 85 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Cache Creek Subdivision (FP-2021-0028) by Schultz Development, LLC, Located on the Northwest Corner of E. Victory Rd. and S. Locust Grove Rd. Page 86 Item#5. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 11, 2021 ORDER APPROVAL DATE: MAY 25, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 41 BUILDING ) CASE NO. FP-2021-0028 LOTS AND 4 COMMON LOTS ON ) 13.99 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR CACHE ) APPROVAL OF FINAL PLAT CREEK SUBDIVISION. ) BY: MATT SCHULTZ ) APPLICANT ) This matter coming before the City Council on May 11, 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 CACHE CREEK SUBDIVISION, LOCATED IN THE SE '/4 OF THE SE 1/4 OF SECTION 19, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: APRIL 2, 2021, by ROBERT GROMATZKY, PLS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CACHE CREEK SUBDIVISION FP-2021-0028 Page 1 of 3 Page 87 Item#5. SHEET 1 OF 3," 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 11, 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 Matt Schultz, a true and correct copy of which is attached hereto marked "Exhibit 13" 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CACHE CREEK SUBDIVISION FP-2021-0028 Page 2 of 3 Page 88 Item#5. 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 25TH day of MAY 2021. By: Robert E. Simison 5-25-2021 Mayor, City of Meridian Attest: Chris Johnson 5-25-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 5-25-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CACHE CREEK SUBDIVISION FP-2021-0028 Page 3 of 3 Page 89 ►tem#5. EX H I BIT A STAFF REPORT C: E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/11/2021 gnd DATE: - TO: Mayor&City Council Qp"'a..t Lafion b FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2021-0028 a Cache Creek Final Plat LOCATION: The site is located at 1560 W.Victory Rd and 2955 S. Locust Grove Rd, in the SE 1/4 of Section 19,Township 3 N.,Range l E. i I. PROJECT DESCRIPTION Final plat consisting of 41 buildable lots and 4 common lots on 13.99 of land in the R-4 zoning district, developing in a single phase. II. APPLICANT INFORMATION A. Applicant/Representative: Matt Schultz—Schultz Development, 8421 S. Ten Mile Rd.,Meridian, ID 83642 B. Owners: Mark and Karen Carrington—2955 S,Locust Grove Rd.,Meridian,ID 83642 Open Door Rentals LLC— 1977 E. Overland Rd, Meridian, ID 83642 III. STAFF ANALYSIS The annexation,zoning,development agreement and preliminary plat for this development were approved by City Council on January 19, 2021 (H-2020-0105,DA Instr. #2021-055457). The preliminary plat consisted of 41 building lots and 4 common lots.All lots within the development comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. The Director approved an alternative compliance request to allow a reduction in the width of the S. Locust Grove Rd buffer from 25' feet to as small as 12' in width east of the existing residence in Lot 20 of Block 2. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. Because the final plat does not Pagel Page 90 Item#5. 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. The existing accessory buildings shown in Lot 20, Block 2 do not appear to meet the minimum 15' rear setbacks as required in the R-4 zone district. The applicant understands as a condition of approval,the plat must be adjusted to ensure the structures maintain the proper setback or the structures shall be removed. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 91 Item#5. V. EXHIBITS A. Preliminary Plat(date: 1/18/2020) FNp 3"7HA:S CAa Mal EXM4C WNW I` ACN g I` 4d g'. ♦ '4 P. PRaIE�f } 3 � k31 -LLV \k y5 Om *�� ,� �_ � L I �ftr•ae.ate k z'. � I ;� •. .x k • k kxM . a •• F4 kk x I L3% AAA If op E {_ - I� L I F til ti yil - _ I I 46 4 I I y¢ I g a.� iaaw' 3 II I � I I a�ax'n'nras meow {kU IF J E.&Lr.u", �r ` I I I s I II LJMs WNW I u sr tMf ROM VWE iE WME L SE WE k VA ECIRMEL? �, k� •kx 5 ru.s rral } � to�~l I I I - --�iei� I � E Ln:]N '9 — __— _ — — 1 SE G41 ER — rJ SECnCM 19 7 BRA,95 CA' I o ,, .9 IALuuNUEn carp Page 3 Page 92 Item#5. B. Final Plat(date: 4/29/2021) ' IT I VAL!"� ell Ll SdiS�zA-F _ c3-_i5�' L�m�gY1 J f' Sfti7i'3 d, i956 rr 6LG ' T t� bQ7S SS - qf I ri L usy_J ,1 is I $mPwm+ R r / -95 UK 3s IWO SF L7 - timrri 5r t- ►QM OF 17ad17 I I h \ L'W Ly '% r va rF I 3� I r ME , i1aA� ,� i I +mod' 4 1 I MWrpF IF I L—lim Oki s, ea r '—II!d '4'r--1 r IMW — 1 I m It I � I ,,- IW: �g AIRS IF ' aln Ef 3 I �V I vA6Y--J L hw15•I4-1•atimfJ •L sm-;:,re Imod_ CI r SdiaYY I 'Y`rFC 7 ilk EF ^I ins J x Q aF aim 4+a# r-3Eea;ar.--I L— + f'- — I L- -��a:a--� L=S'PVTE _J h5�,5�i'r is - i�4R1 - ! Fc r k i aJ sa'i3 v J -i�3- L 11A� WE 01 • l ij �} k v, ,� •' r� 4 1 k +� M „rr _. W to L Ult4FEl W I1 LI � IQ I k I D PLASTIC .1AF k&19 k lG xn,'I�' 1G• - _ - I 51 ILLEr,I1LE SpW LF - ' 4W 4 hZ5.431POB SB9'�2'0911' SF3 9d' ' T.7M1'IJllr R'IiM1 Page 4 Page 93 Item#5. C. Preliminary Plat Color Landscape Plan(date: 01/12/2021) •_} s f� •EXISTING RESIDENCE E_LOGISMS PAM ST. --_ --—-- f I O I k x f I 1x15TINGRE3lDWT11LL 'i - -_ I SLxxx � � - ar IYf.RMIN ----- T� I E.SAGEJAODR 57_ I AWL �s w M �M1f I EXWn%rp RE5KEM'TIRL 5 €,a63ER5f�MTIOFl57_ ' I�' ' �` _- _ •��- �I III �I.I. i III II .- •- AJC.H.6. I � � I I I t x, REfENtIOM I {� I �J II '47y1 I, 5 I ' I I " I IAMPsCAPFBUPFlN1Mx#'6E'R111hMaa'PlUwncYFFhM[E T Rourwmou Page 5 Page 94 Item#5. D. Final Plat Landscape Plan Overview(date: 04/27/2021) I C 7 ,„ � r ---- o ELOocensPwessi_ C CD I +r � • YC �I I I I Ir r , I r I� � I ••, f-y k — ,I A---- ' C I �E&4GEk766R ai._ w2 I I m ,I I 'ls l.]LLYh713S94"3 y y r I r +- E.VICTORY RD. Page 6 Page 95 Item#5. D.1 Final Plat Landscape Plan 69 - ® ® 41 R51 I { �m r L4. ♦•....5' uP E MIA r I• e ---------- AUT�H�JE-$EE$HEEr$L1,2 ��¢ r ........ �NA�11�N�-Sff SrILlii. o ILL. 'r ��� T�HL rE- ESHEFTSLI,I -, --.-� + NAL•il lHf-Sff.S•fE-yLl3 W,TCHLIre-SEE 34EET 31.1.1 +I- OV ol Page 7 Page 96 Item#5. F. Amenity Details ti t t �Cer�I ar_ fihis l::I=ye meet tic 27'-5 -2p1C AID. -AS IN L1 -CPSC°. r �� whey the F hpy which is in '9 ry -AS IN'1 -ASTN=1 RISE INTER and ivapp S EMS designatec UPRIGHT S KE INGLE WAVE CLRNBER SLIDE PIRAL SLI SAFETY PANEL ABOVE HEX LEAF ROOF � STORE PANEL BELOW TRANSFER !!! 72" NES BRIDGE STATION pj 48 48 60 ■!! ATION 5!! CN 1 T i 00 cc) or) N SINGLE WAVE EFT TURN+EL[DE SLIDE CI]" 36" G E DR I S' 2z I PIPE WALL VE BENCHP BEL RISE INT R DC E•R LEA ROOF STEPS C[IAI.LENGE LADDER TAG E PANEL SIN LE S RMGM SIDE "vo Page 8 Page 97 Item#5. VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(development agreement-instr. # 2021-055457,preliminary plat H-2020-0105, alternative compliance A-2021-0003) 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 signature on the final plat,the existing residence located at 2955 S. Locust Grove Rd. (Lot 20,Block 2) shall abandon the well and septic system and connect to City water and sewer. 4. All 5 (five) existing driveways onto Locust Grove Road shall be closed with landscaping and 5-foot wide detached sidewalks to match improvements on either side as proposed. 5. Prior to signature on the final plat,the applicant shall relocate all existing structures in Lot 20,Block 2 to meet the required setbacks for the R-4 Zone or shall remove the structures. 6. Prior to City Engineer signature on the final plat,the final plat prepared NV5, stamped by Robert Gromatzky, dated: 04/29/2021, included in Section V.B shall be revised as follows: a. Note 8, add Instrument Number. b. Note 9, add Instrument Number. 7. The landscape plan prepared by Breckon Landscaping on February 10,2021 is approved as submitted. 8. The applicant shall coordinate with Meridian Parks and Recreation to determine whether signage shall be installed to direct users to the pathway connection paralleling Retention Basin Lot 4,Block 2 to the Ten Mile Pathway to the southwest, and the connection to the Eight Mile Pathway across S. Locust Grove Rd. 9. The applicant shall preserve any existing trees on the subject property that are four-inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11-313-1OC. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13. 11. Developer shall comply with all ACHD conditions of approval. 12. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 13. 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. 14. The rear and/or sides of 2-story structures on Lots 5 through 16 of Block 2 that face E. Victory Rd. and S. Locust Grove Rd. incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, Page 9 Page 98 Item#5. porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 15. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS Site Specific Conditions 1. A future installation agreement is required for street lights on Locust Grove Road and Victory Road. These lights will be installed at a later date as part of an Ada County Highway District project. 2. The geotechnical investigative report for this development,prepared by SITE Consulting,LLC, dated December 11, 2020 indicates 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. 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 Page 10 Page 99 Item#5. 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 I I-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 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 Page 11 Page 100 Item#5. 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 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 12 Page 101 Item#5. Charlene Way From: Alan Tiefenbach Sent: Tuesday, May 4, 2021 12:12 PM To: Charlene Way; Adrienne Weatherly; Chris Johnson Subject: RE: FP-2021-0028 Cache Creek Final Plat That is what I am hoping. I'll let you know otherwise. 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 Built for Business, Designed for Living From: Charlene Way Sent:Tuesday, May 4, 2021 12:12 PM To:Alan Tiefenbach <atiefenbach@meridiancity.org>;Adrienne Weatherly<aweatherly@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: RE: FP-2021-0028 Cache Creek Final Plat Alan, Is this his agreement to Staff Report? From:Alan Tiefenbach Sent:Tuesday, May 4, 2021 12:07 PM To:Adrienne Weatherly<aeatherly@meridiancity.org>; Charlene Way<cwav@meridiancity.org>; Chris Johnson <ciohnson@meridiancity.org> Subject: FP-2021-0028 Cache Creek Final Plat Applicant response to final plat 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 Built for Business, Designed for Living From: Matt Schultz<schultzdevelopment@yahoo.com> Sent:Tuesday, May 4, 2021 12:03 PM To:Alan Tiefenbach <atiefenbach@meridiancity.org>;Alan Tiefenbach <atiefenbach@meridiancity.org>;Adrienne Weatherly<aweatherly@meridiancity.org>;Andrea Pogue<apogue@meridiancity.org>; Bill Nary <bnarv@meridiancity.org>; Charlene Way<cwav@meridiancity.org>; Chris Johnson <ciohnson@meridiancity.org>;Ted 1 Page 102 ttem#s. lbai rd @me rid iancity.org> Cc: Bill Parsons<bparsons@meridiancity.org> Subject: Re: FP-2021-0028 Cache Creek Final Plat '::xd:eirind Sender-Please use caution with links or attachments. thank you! Matt Schultz (208) 880-1695 On Tue, May 4, 2021 at 11: 5 AM, Alan Tiefenbach <atiefenbachCa)-meridiancity.org> wrote: Attached is the staff report for the final plat for the Cache Creek Subdivision.This item is scheduled to be on the consent agenda at the City Council work session on May 11, 2021.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. 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 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. 2 Page 103 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Wadsworth Meridian (FP-2021-0030) by Wadsworth Development, Located at 3185 E. Ustick Rd. Page 104 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 11, 2021 ORDER APPROVAL DATE: MAY 25, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 5 COMMERCIAL ) CASE NO. FP-2021-0030 BUILDING LOTS ON 3.29 ACRES ) OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL DISTRICT FOR WADSWORTH ) APPROVAL OF FINAL PLAT MERIDIAN SUBDIVISION. ) BY: WADSWORTH ) DEVELOPMENT, ) APPLICANT ) This matter coming before the City Council on May 11, 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 WADSWORTH MERIDIAN SUBDIVISION, LOCATED IN THE NORTHEAST '/4 OF SECTION 5, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 2021,by JAMES R. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Wadsworth Meridian Final Plat—FILE#FP-2021-0030) Page 1 of 3 Page 105 Item#6. WASHBURN, PLS, SHEET 1 OF 3," 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 11, 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 Kristen McNeill, 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Wadsworth Meridian Final Plat—FILE#FP-2021-0030) Page 2 of 3 Page 106 Item#6. 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 25TH ay of MAY, 2021. By: Robert E. Simison 5-25-2021 Mayor, City of Meridian Attest: Chris Johnson 5-25-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. 5-25-2021 By: Dated: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Wadsworth Meridian Final Plat—FILE#FP-2021-0030) Page 3 of 3 Page 107 Item#6. Exhibit A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT !A H O DATE: 5/11/2021 Legend TO: Mayor&City CouncilProject Location, FROM: Joseph Dodson,Associate Planner y 208-884-5533 I � SUBJECT: FP-2021-0030 ® Q Wadsworth Meridian Final Plat PROPERTY LOCATION: I The site is located at 3185 E.Ustick - Road, at the southwest corner of S. Eagle _ - ' " IT Road and E. Ustick Road, in the NE 1/4 of IE the NE 1/4 of Section 5, Township 3N., Range 1 E. , I. PROJECT DESCRIPTION Final Plat consisting of five(5) commercial building lots in the C-G zoning district for ownership purposes.First and only final plat for this preliminary plat(H-2020-0104). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.29(C-G zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Vacant Proposed Land Use(s) Commercial Lots(#and type;bldg./common) 5 building lots Physical Features(waterways, Milk Lateral runs along southern boundary of property; hazards,flood plain,hillside) portion of irrigation easement that is on the subject site is being respected and was verified during CZC approval. History(previous approvals) H-2019-0082(DA Modification to remove the subject site from an existing DA and enter into a new one specific to this site;DA Inst.#2019-121599);A-2019-0376(CZC for parking lot,landscaping,and other relevant site improvements);A- 2020-0163 (CZC and Design Review approval of an urgent care facility on the SEC pad site). Page 1 Page 108 Item#6. B. Project Area Maps .Future Land Use Map Aerial Map Legend 0 Legend Project Location Project Location TR Medium Density ® Residential MU,:,C Commercial —Low Density Residential Civic .Zoning Map .Planned Development Map Legend 0 Legend Project Location I 0Project Location ME C-1 R-3 City Limits -8 Planned Parcels , , , ® G-N C=G RUT CC R-1-A 3 ---- , R-2 R-15. R Rl -- - ' OR , R--J R-li5 -RUT R-21 RUT Rl R 2 - R_l R1 R-2-RI R-4 L-O ` -R1 C-G R-40 �i R,;$T771 III. APPLICANT INFORMATION A. Applicant: Same as Representative B. Owner: Tim Locher,Wadsworth Development— 166 E. 14000 South, Ste. 210,Draper,UT 84020 C. Representative: Kristen McNeill, The Land Group, Inc.—462 E. Shore Drive, Suite 100, Eagle, ID 83616 Page 2 Page 109 Item#6. IV. STAFF ANALYSIS The proposed final plat consists of five(5)building lots in the C-G zoning district,matching the approved preliminary plat(H-2020-0104). The minimum lot size is 0.39 acres with an average lot size of approximately 0.656 acres. Being a commercial development,there are no open space or amenity standards to review with this application. However, as each building lot is developed a Certificate of Zoning Compliance and Design Review application is required for each lot. Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 110 Item#6. VI. EXHIBITS A. Approved Preliminary Plat I I I � N�� may, �„�:T-- ���Pri�at a I�•o.,�,� :1'� I I —4� —IL— pi x _~-����i- fl ,i r i+i'agl ' I ��"e I'�w�•.I'"--`�''@— pGgp / @ �' �y . r J ti r l i ' r•']�� �-'r�fl e� .n� F-®I0, k411 ZT f i11r 1 r ���� I' bvy. 3L o Yam III' e df - III �. I • �—_ , 11 �� � € 111� � . '� g o - g �^ isnFawovo.enu,• �.,m�� � amp —_ � rzmnw. _ L61M Mi�lhtllkl `ua.� '— •.�' 1 b� = v s t Q to g i dig Wadsworth Meridian Subdivision o Wadsworth Development Group, LLC. f g3 g Ob 3W E.LB kHo. Q i 9 N§ridan,Itl W a3"5 y� Page 4 Page 111 Item#6. B. Final Plat(dated: April 14, 2021) i m9 H A y � I 1 i t �=a eam - I I y p n I m $ a os oz N o g [n R 8 A I mcumniw V m I �__-_________ 11sar - `0 6p G a m r UT -rym 25 I fl 1 i I�15 ¢$ (--7--•n 3Obd�dOB X _ - _ I I 9' II am I ' 3 O sg � I 1 I 805°691a'W 1s6ps r I I I $ I I 9A9C7g•'rY tm.6e I I za'_.I NnsS°0a•e lSr.6d I 1212. `r I I q 3 .• .�+ =A I C 1 I 7 i I •^�i �II I, m � o IS ICI a; CD a �. d I 3 i i = ili a C Q T aI 11 O m w■ o II CD n i 14.&6t4 "11 19d.18 _ 9� 31 S c A ' N29 501'I4'99' 57' � & o CL m, late' -gg CA • a m m SEUM LINE it m e� n �■ 40600' _ GPEE ' a (A � �• -Bp51ASS5 OF BEARINRRING- p O M.Eagle Road � � e,n - C3MWNE� - �h fps u � n AcZ 6 m � Ps=6u 1-.-am.- n�� onm iij ®m_g1 gb R I I 2 m 1 i �m�w PBMgd ��6' � �� gmq o➢ �o o� R 9�� 90 Y���4 00� 6sn 9oN' ao�3 I i I o. a S a o a Pom 9�mo�m oQ a� o€ S s a a sa oa g sin e 'ng: �oq-.g"==��� M - o _ � N zH p= G7 r _ _ aams=3 ff ,tea a x o r50 w 61 'a oZm CO Page 5 Page 112 C. Landscape Plan(dated: January 22, 202 1) P i II nN p tlg ——--—--—-- "71' A) Eagle Road p IN H-1i ip!11 5 i iz !1 11 i 'I U�. — No gg S TH a all a quo 1A111 COMMONS AT USTICK AND EAGLE Wadsworth Development Group oco HAI 1,-1 11�kl I., Page 6 Item#6. --- aYK rd i Me-77 HU M"NaM malm�g-�� MMI. MIR. 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Z H � C a a. 0 CL) i g � g ono W 2 Sluuh Planting Lu Plans Are ACQ.plad Fa Pdk St.d Saustndlan wM um—pa PI, amlli L1.50 Page 8 Page 115 Item#6. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS 1. The applicant has an ongoing obligation to comply with all current City of Meridian ordinances and previous conditions of approval with this site: H-2020-0104, and Development Agreement (DA Inst. #2019-121599);A-2019-0376 (CZC and construction drawings for site development and access road); and A-2021-0010(CZC to update overall site plan). 2. The applicant has until January 5, 2023 (the expiration date of the preliminary plat)to obtain the City Engineer's signature on this 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. Prior to signature on the final plat by the City Engineer,the final plat prepared by The Land Group, Inc. (Exhibit B), dated April 14,2021, shall be revised as follows: a. Add a note stating: "This development is subject to a City of Meridian Development Agreement, Inst#2019-121599." b. Note#9: add the recorded instrument number. c. Note#14: include recorded instrument number. d. Note#15: include recorded instrument number. 5. The landscape plan prepared by The Land Group, Inc. (Exhibit C), dated January 22,2021, is approved as submitted. 6. The Applicant is required to obtain Certificate of Zoning Compliance(CZC)and Administrative Design Review(DES) approval for each new commercial building site. 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 for more information. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 9. Prior to the issuance of any Certificate of Occupancy,the final plat shall be recorded. 10. Prior to City Engineer signature,the applicant shall submit public access easements for the multi- use pathway along N. Eagle Road. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 11. The Applicant shall comply with all ACHD conditions of approval. 12. Streetlights shall be installed and operational prior to occupancy. 13. The geotechnical investigative report prepared by Material Testing&Inspection dated July 25, 2019 indicates very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure structural integrity. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to Page 9 Page 116 Item#6. 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 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. Page 10 Page117 Item#6. 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 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 Page 11 Page 118 Item#6. 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 12 Page 119 Item#6. Joseph Dodson From: Kristen McNeill <kmcneill@thelandgroupinc.com> Sent: Tuesday, May 11, 2021 2:48 PM To: Joseph Dodson Subject: RE: FP-2021-0030 :Wadsworth Meridian - Hearing Date Notification External Sender-Please use caution with links or attachments. Thanks Joe. Looks good. Can you confirm if it was sent to Tim Locher tim@wadsdev.com ? planning project coordinator kristen mcneill THE LAND GROUP I thelandgroupinc.com I o.208.939.4041 From:Joseph Dodson <jdodson@meridiancity.org> Sent:Tuesday, May 11, 2021 2:26 PM To: Kristen McNeill <kmcneill@thelandgroupinc.com> Subject: RE: FP-2021-0030 : Wadsworth Meridian - Hearing Date Notification Hi Kristen, Yep, it is still on the consent agenda for the work session today. I sent it out weeks ago but did not see your name on it so it did not get sent to you. I apologize. It is attached. Joseph Dodson I Current Associate Planner City of Meridian I Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 C:�(fE II 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. From: Kristen McNeill <kmcneill@thelandgroupinc.com> Sent:Tuesday, May 11, 2021 1:49 PM To:Joseph Dodson <jdodson@meridiancity.org> Subject: RE: FP-2021-0030 : Wadsworth Meridian - Hearing Date Notification External Sender-Please use caution with links or attachments. Hi Joe, I didn't see a staff report come through for this so wanted to make sure we're still on the agenda for today. Can you send me a copy of the staff report? 1 Page 120 Item#6. Thanks, Kristen planning project coordinator kristen mcneill THE LAND GROUP I thelandgroupinc.com I o.208.939.4041 From:Accela Planners<AccelaPlanners@meridiancity.org> Sent:Thursday,April 22, 2021 3:00 PM To: Kristen McNeill <kmcneill@thelandgroupinc.com>;tim@wadsdev.com; debbie@wadsdev.com; idodson@meridiancity.org; aweatherly@meridiancity.org; cwav@meridiancity.org; ciohnson@meridiancity.org; bparsons@meridiancity.org; amcnutt@meridiancity.org; sobrien@meridiancity.org; ckrausch@meridiancity.org; kreadv@meridiancity.org; soaks@meridiancity.org; dnell@meridiancity.org Subject: FP-2021-0030 : Wadsworth Meridian - Hearing Date Notification FP-2021-0030 Wadsworth Meridian This email is to inform you that the subject application is scheduled to be heard by the City Council on 05/11/2021.The hearing will be held at the Meridian City Hall, 33. E. Broadway Avenue, in the City Council Chambers at 4:30 p.m. 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 121 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Creamery North Condominiums (SHP-2021-0002) by City Center Redevelopment, LLC, Located at 33 E. Idaho Ave. Page 122 Item#7. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E AND DECISION DECISION& ORDER In the Matter of the Request for a Short Plat to condominiumize a vertically integrated 4-story building consisting of two (2) commercial spaces and 69 residential units for ownership purposes on 0.908 acres of land in the O-T zoning district,by Bryan Appleby,Rennison Design. Case No(s). SHP-2021-0002 For the City Council Hearing Date of: May 11,2021 (Findings on May 25, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 11,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery North Condominiums—FILE#SHP-2021-0002) - I Page 123 Item#7. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 11,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 11,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-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 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I I-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery North Condominiums—FILE#SHP-2021-0002) -2- Page 124 Item#7. or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 11,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery North Condominiums—FILE#SHP-2021-0002) -3 Page 125 Item#7. By action of the City Council at its regular meeting held on the 25th 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 5-25-2021 Attest: Chris Johnson 5-25-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-25-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery North Condominiums—FILE#SHP-2021-0002) -4- Page 126 ►tem#�. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/11/2021 Legend DATE: Project Location L-� R-0 TO: Mayor&City Council - E A rrAVE z FROM: Joseph Dodson,Associate Planner 3 L-O E STATE AVE 208-884-5533 Z RA o N SUBJECT: SHP-2021-0002 L R's 0-T W IDA IDAHO AVE Creamery North Condominiums(a.k.a. R!I S o Old Town Lofts) �� �CC ° E BROADWAY AVE O-T Tz � LOCATION: Project is located at 33 E. Idaho Avenue 14 W It; BOWER ST N CiG z I. PROJECT DESCRIPTION Short Plat request to condominiumize a vertically integrated 4-story building consisting of two (2) commercial spaces and 69 residential units for ownership purposes on 0.908 acres of land in the O-T zoning district,by City Center Redevelopment,LLC. II. APPLICANT INFORMATION A. Applicant: Bryan Appleby,Rennison Design—410 E. State Street, Suite 120,Eagle,ID 83616 B. Owner: City Center Redevelopment,LLC—410 E. State Street, Suite 100,Eagle, ID 83616 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 4/23/2021 Radius notice mailed to property owners within 500 feet 4/21/2021 Pagel Page 127 Item#7. Posted to Next Door 4/21/2021 IV. STAFF ANALYSIS The proposed short plat depicts subdivision of air space within a vertically integrated building that is currently under construction to create 71 separate condominium units (69 residential and 2 commercial) for future ownership purposes. According to the Applicant,there is no intention of utilizing these units as a for-sale product but is proposing to condo-map the two Old Town Loft buildings in order to respond to any market changes in the future.No piece of the development is structurally changing and nor are any revisions proposed to parking, amenities, or open spaces; all of the project elements are remaining as previously approved. The subject site obtained CZC and DES approval for a vertically integrated structure in 2019(A-2019-0033; Building`B")and that building is currently under construction with a number of building permits. Due to the City's and Meridian Development Corporation's(MDC)involvement in the sale of the subject property, Staff recommended the Applicant obtain a letter from MDC outlining their understanding of the proposed short plat and confirm the proposal still complies with the joint agreement. In response,the Applicant took this proposal to the MDC board and the board voted on April 28,2021 to amend the existing agreement and include a new provision that the units be utilized as rental units for a period of at least 5 years following construction completion. Therefore, Staff finds this proposal to be compliant with the joint agreement between the City of Meridian,Meridian Development Corp., and the property owners. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. Council: The Meridian City Council heard these items on May 11, 2021.At the public hearing.the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Josh Evarts,Applicant Representative b. In opposition:None C. Commenting: Josh Evarts:Amanda Schaus,Applicant Legal Representation d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Pose of condo platting property if there is no intent to sell units: Does the agreement to maintain units and for-rent units run with the land or with the ownership—agreement likely runs with the land but if it does not.Applicant noted they are b. not opposed to recording it against the land as well. Page 2 Page 128 Item#7. 4. City Council change(s)to Staff Ren_ ort: a. None VI. EXHIBITS A. Short Plat(date: March 25,2021) PLAT SHOWING BOOK_,PAGE _. CREAMERY NORTH CONDOMINIUM LOTS 2,-26 AND—,BLOCK 2,OF THE AMENDED PLAT TOW NSITE OF MERIDIAN LOCATED IN THE NWV4 OF THE 8Mi4 SECTION 7, T.3 N.,R.1 E.,IBM.,CITY OF"5RIOIAN,AOA COUNTY.IDAHO 2NI '_—_— _-1,�F'�1 z1DAH0, IS 41T.VI; saia nerrr,.z[aw,raf ' _ �rn� s u SCP1E , zo c F- u x[-(I-0FRP P rno r.a�ruceormxn_rg f�ET) �awm tw + I I I �I 'I �, � N VT `r I N077i5: e�m,xemuuwrxmrr mrcaxvuT.mE�.nunuc r� TL2 A c•rax oi: i I E n:RIn s� mi 3 o EO C 1GE 30 0 r r w __ _ _ _ nxE _ I F w RE:VLrvAL YI:,CF;9ppD1VlL'111V r'ARCEL A � NiH1K Ipfi pdG'C,IRII-14039 �� i TEEM— , I § LA T➢ROAONhY AVE w�,o. -ro .s snvnx neaeon rxs x.,cm rxumeFerluxwma�ru rcu ocea suo surEr.rv�.tic_IEI wr.,ms rur, _—_ xcwzzrrx mn.[sysai ----`- - _ - - _— �wv 2030 S.WASHINGTON AVE. EMMETT,ID 83517 (288)398-8104 °� FAX(208)398-8105 g 116 4 rso' ,x ".a'°"'"�°' '+awl �oikl�wye/ny LLGwww.sAwraoTHls.coM usraaa,rvrArave � I ""`°'"•""`"r"` �$�°�� n rxrn xv Page 3 Page 129 PUT'RomNG 3110K—PAGF— URRAbfERy NORTEI CONDOMINIUM "L—TED NTI ENW14OFTI EGWlf4��T�7. ol 90� -1.wASMNGTON A All PUT SHOMNG WWED-HENVA%0—lEThlMSE—N7. T— I I-1.11TI.Ini—l-I-- 7r flew W2, EMMETT,SD&3fil] Page 4 Item#7. PLOT SHGWING 6WK�PNGE_ CREAMERY NORTH CUNHOMINILM —crnrcs�<ua 3 wc.onwa t 20305 WA514 AVE. EMMEIT,M ID E&361J (zosJ 39s-S10s f�y��-)Y FAX(30bJ 398-8I03 5A 1100 5COM PLAT SHOWING a K_,PAGE_. CEEAMEEY NORTH CUMIUMW[UM �crn':cxawe a d1' 203P YVASNIN A I. 3301VE. E.- ID 896 {-j (20)398-81w .. .,-�,��r i�'wv✓wsAw7�rrxs,carr Page 5 Page 131 Item#7. B. Previously Approved Plans(A-2019-0033) Y�FW�HSSCP S*4l P „ Pelt E7LME$Aw W E. I I7 A H d AVENUE -n ° E%i6irK ENE LTRPer[.TO&K +ED�' R1N.1•DEG PMNalG SLW.ttf• + � �E:.. � as •.� UN 1 I NEW MIXED USE BUILDING'"B"' I iy LEdtlw Rs�nu• . 4-4 kTi I _ _II __ i IP191{WIXIX0.FTe.f1PRg :.`.. � V� -�; _ rt2.ItuaspEd�xe, �z.„�p ��--•-•--; I �_ _ ::. iL_____..____________________..____—___._____ _ __� —__ __-..-__ _ j� yyyyqA E.u" I I �. .ANT�IVEW TF�GPRiE�LC%�►EA1'E — C'6.. �a-6 pATdIL-ry. a wcr0.6 NdP7176'w Misr OFF! I.12, E. fDAHO AVENUE � - —— — — J —— NEW MIXED USE BUILDING"B" e•�,. �a ,..r_� - e CEO L = PARKING AT OROUNU LEVEL g 00 v Yf lrew .7i\ ~ f�O r — ^"d ♦— ' :��'''°r`°'d ii L IdahoA� � rpl NO,R067200031i Ir i.��'4'Coo bs.s�v ` `_ • �_. ~ — ,i rARKINC AT GROUND LEVE� n y a•cn.aacrrn r� CARPORT 41- ALLEY`' m v..�F AC .�, --- ---------------- ----------- -------- ----------- � -------- ........ Page 6 Page 132 i� ■E�E�I 1�1 10 _ � I - aw aI� two r� ■I � r�r 1 �I ,I, ri�ill' : wf,I .lam' �� �i �■ Iil� �I �° '; lI1 �........ it u �rj �� ����I ,gr�, �Ib,l � .r_ �1■r_ 1■ �I � � I !1 li�� IH�1� 't-01 6� _� ®I i �]�_ I tll■I�11� �1p1P ■ , ''�� �! 2 JzlliiP _1P=� ����.-��-- mot, . 111 0 0 0® 111■I I01 I�_I G :I ICI I�_I IN Ii —� Ii —� Ii I�I1■Ill■ICIllffl■I I-1 --- � �1 4 ON CG nip I ■ H I I i 1; Mai I i .INd - r■ IlR h1111 - -I - -- �IIIII ���!■.- 1� D O I�sli ll III,- I I! � � :1 �_I : I�� 1■1 11 1■1 No I 11 II 11 II i a i1 m ii ■'1 .. � � l f I Item#7. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: A-2019-0033 (CZC,DES, &ALT). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures of the Ada County Highway District and the Central District Health Department. 4. The short plat prepared by Sawtooth Land Surveying,LLC,prepared on March 25,2021 by Jeff Beagley, included in Section VI.A shall be revised as follows: a. Note#10: Include recorded parking easement agreement instrument number. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. There are no new changes to the domestic water or wastewater infrastructure serving this development.The City will not bill individual condos owners for water and sewer usage.There will be a single bill to the HOA, and it is the HOA's responsibility to bill tenants. General Conditions: 2. 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. 3. Developer shall coordinate mailbox locations with the Meridian Post Office. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Old Town and the current zoning district of the site is O-T. Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to this property and are adequate to serve the building sites currently under construction. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 8 Page 134 Item#7. Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural,scenic or historic features associated with short platting the structure on this site. Page 9 Page 135 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Creamery South Condominiums (SHP-2021-0001) by City Center Redevelopment, LLC, Located at 703 E. Main St. Page 136 Item#8. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER A In the Matter of the Request for a Short Plat to condominiumize a vertically integrated 4-story building consisting of one(1)commercial space and 33 residential units for ownership purposes on 0.429 acres of land in the O-T zoning district,by Bryan Appleby,Rennison Design. Case No(s). SHP-2021-0001 For the City Council Hearing Date of: May 11,2021 (Findings on May 25, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 11,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 11,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1) - I Page 137 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 11,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 11,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-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 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I I-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1) -2- Page 138 Item#8. or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 11,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1) -3 Page 139 Item#8. By action of the City Council at its regular meeting held on the 25th 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 5-25-2021 Attest: Chris Johnson 5-25-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-25-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Creamery South Condominiums—FILE#SHP-202 1-000 1) -4 Page 140 ►tem#s. EXHIBIT A STAFF REPORT E IDIAN�. COMMUNITY DEVELOPMENT DEPARTMENT J A H HEARING 5/11/2021 DATE: Legend �C�' L-O0 Project Location E CARLTON A TO: Mayor&City Council R-15 E STATE AVE FROM: Joseph Dodson,Associate Planner R=4 `^ o 208-884-5533 n�I N o R-8 � Z M H SUBJECT: SHP-2021-0001 R=15 R=8 E JDAHO AVEz Creamery South Condominiums(a.k.a. �� Z Jz 13 W O-T =,a ii E BROADWAY AVE z Old Town Lofts) O-T O-T o J L O~T F O-T C LOCATION: Project is located at 703 N. Main Street. 4 14 �Q E Bow — C-G �O E ADA ST C-G L PROJECT DESCRIPTION Short Plat request to condominiumize a vertically integrated 4-story building consisting of one(1) commercial space and 33 residential units for ownership purposes on 0.429 acres of land in the O-T zoning district,by City Center Redevelopment,LLC. II. APPLICANT INFORMATION A. Applicant: Bryan Appleby,Rennison Design—410 E. State Street, Suite 120,Eagle,ID 83616 B. Owner: City Center Redevelopment,LLC—410 E. State Street, Suite 100,Eagle, ID 83616 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 4/23/2021 Radius notice mailed to property owners within 500 feet 4/21/2021 Pagel Page 141 Item#8. Posted to Next Door 4/21/2021 IV. STAFF ANALYSIS The proposed short plat depicts subdivision of air space within a vertically integrated building that is currently under construction to create 34 separate condominium units (33 residential and 1 commercial) for future ownership purposes. According to the Applicant,there is no intention of utilizing these units as a for-sale product but is proposing to condo-map the two Old Town Loft buildings in order to respond to any market changes in the future.No piece of the development is structurally changing and nor are any revisions proposed to parking, amenities, or open spaces; all of the project elements are remaining as previously approved. The subject site obtained CZC and DES approval for a vertically integrated structure in 2019 and that building is currently under construction(A-2019-0032; Building"A"). In addition,the property received Vacation approval(H-2019-0057)for a public utility easement and approval of a Property Boundary Adjustment in 2019(A-2019-0164). Due to the City's and Meridian Development Corporation's(MDC)involvement in the sale of the subject property, Staff recommended the Applicant obtain a letter from MDC outlining their understanding of the proposed short plat and confirm the proposal still complies with the joint agreement. In response,the Applicant took this proposal to the MDC board and the board voted on April 28,2021 to amend the existing agreement and include a new provision that the units be utilized as rental units for a period of at least 5 years following construction completion. Therefore, Staff finds this proposal to be compliant with the joint agreement between the City of Meridian,Meridian Development Corp., and the property owners. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. Council: The Meridian City Council heard these items on May 11,2021,At the public hearing.the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Josh Evarts,Applicant Representative b. In opposition:None C. Commenting: Josh Evarts:Amanda Schaus,Applicant Legal Representation d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony_ a. None 3. Key issue(s)of discussion by City Council: a. Pose of condo platting property if there is no intent to sell units; Page 2 Page 142 Item#8. b. Does the agreement to maintain units and for-rent units run with the land or with the ownership—agreement likely runs with the land but if it does not,Applicant noted they are not opposed to recording it against the land as well. 4. City Council change(s)to Staff Rep_ ort: a. None VIA EXHIBITS A. Short Plat(date: March 25, 2021) PLAT SHOWING 800K—PAGE. CREAMERY SOUTH CONDOMINIUM �oYs 2 AND 3,BLIIN 1 OE V2BME W.4L PLACE ITBDI 10M LOCATED IN THE NW114 OF THE 6W1f4 6EUTION T, T-3 N.R.1 E.,B.M..CITY OF MERIDIAN,AM UOUWf.IDAHO 2021 ➢R�IV�}'SEnRLI u' --_ - _—(RE__` 3 �49T WAND ATT3NLL S SCAT£ I,w.rel it I I s,r .r i w � xcx x cr I j I I I RI $ NOTES �I la1H I I 11111ens ce� al I a a9.s9 Ira rvonx -n�xv,orvviru,c`oczumxJrtecuvucvr crx x]tn a Z e a CF o .._.._ y a aumu-vae�xrne m sn ox rr sn W S :arrszm' zw,�o'I _ ��� `2)OT Bpls�=— 19Z e 2 rva v51 H �° 5 � [s CF SlN�1�'Itil[I.V ����,rei xa inl9rems 5�1�c� I z I n arunnc vs.rt[rrtxatsmmT vex�nsrno. x 1(IP P.tl,'a:11631-1s837 4 @ - �n�xxrv.�nxrrvx '� ��xry an nE �rr�, __ NLILDIND I EE�,Exr , r� I, .s x�n 9 _.._.. _.. -. �rveszz SIIRVEYORF5x NARRATTVS.Frpx , S LAsT❑IRIADWAY 3VF: x�ao 3a o M° � g x I pees rw awr u,x+ccmrex Fmrrv]s w.. - -- - -—-— - L�c�rw r�Ira„ NcrNrn oi8r��ry �� 2030S.WASHINGTON AVE. I} EMMETT,ID 83617 A /u (205)398-8104 5i4k rrrrf j FAX(203)398-8105 1 f �.� „ o m ,� Gar�ivrueylrN�LLL WWW.SAWroorHLS.COM EANi BROFGWAYAYf ex6m,rinrw�.es �, Fr 3,zxn ors, a 3m FRrs Page 3 Page 143 Item#8. PLAT SHOWING CREAMERY SOiITH CONHOMRIRM r } .,,•,..•, s wz r..• 20305 WASFIINGlON AVE Erg-O5) ro 104 FAX(20S)398-SIGS _-.. �,y�-„!L•�WWW.SAINFOOTHLS.QJM emu. PLAT SHOWING fiOpK ,PNOF CREAMERY 50UTH CONUOMN7iRd w• 90� 2030S WASMINGTON AVE EM,-05) ID'o. (2G8)39&810a -�7�w FAX(2%)398-9I95 _.. 'nvey5-.�:/._/:.NNJW.S9N?OOTHLS.QJM u: Page 4 Page 144 Item#8. PLAT SHOWING q�x J-GF CREAMERY SOUTH CONDOMIMUM f f £ 3 .a,....�a MEEK]a.�..., 115 4 2030 5 WASWINGTON AVE EMMe-rr,In 636N� (�-0R)39361pA . :/',IWWW SAWr00IMLS.COM emu. PLAT SHOWING CREAMERY SOUTH CONOOM4�IHM B ll6 4 9X" m..x., v 20305✓✓AS+iINGrOry AVE_ FMMe-rr,ro 836i� (zaaJ 39a-esw �J T/liY FAY(2C8)398-9105 -.r..=.;r,.r:�:.x�•ri...,WW4Y.59WlWTHLS.GUM Page 5 Page 145 Item#8. B. Previously Approved Plans(A-2019-0032) DFz I Z ONS, ®R �— = TANC[ I XTYP 9.8R 9 9l5 18M:8AR �� ,I I A C H D ALLEY - Tj- a PAVEav,TSAwcurLrE, 3 oCI,-77 A."MOE ° r NEW MIXED USE BUILDING"A" � 92 j '�A IWP _ EK IN uNO GInEWUK EMENi ab bE VACATED INSr.iNoaa198ET1, REPLACEDWIMNEW GINEWP KEASEMENT AT FACE OF BUMING(WO0 AY AVEWE SINE ONLY) q �F !� \�i\� q PATIO CAFE Mz � j t�Ki FAFL Ews Aau BEwwc to IIUNpNsrsllNeTygeri ' a PROPOSED PAT- VIA �,OI ACro110E14SEAGREEInE 0 - -E. BROADWAY AVENUE - - - - - - �- PARKING AF GROUN11I E VE l I LU LIA I— i. c INC . ------- ----•r - 6 f:Wti'[]liT � �n Ien PARKINGAi GROl1H�LEVE� - ---------------- 713�.Maln:IraN �.w.re.rc.r• aar.•IH•.11:pey0.:]0 I .ee-e as rer,a�ey ! BmlFNS i¢IIIIL GIiAiE[O DE lal•VrL4. rure claree m CITr rrol�ercal roR IC•U�[ 7 _ �II.. I h ew�.v n�aRmE•ca�ntsr€ 8 - PARKING AT GR0I=;HD LEVEL_ _ ;, �n A c•rT rn[•ewv�an IneraurK.i $- TW LLi.li.a•[ •.�1•E'.I:•a'+1S•Tea • .•_•••--T��L r'�•n•I Tie.A.�i�en00:i � .n Fe rern•«! vruv b.re.Wr�` - 7r• L`� tiule cirrr�v ai Naiial . NEW MIXES}USE BUILDING'A' V-:sr r+s r,Woo,1'Aff -6—TIDE raA,rc ro ee M.f+<��f.F] IIIII- CiRbr'e TQ C+rr ,.ny.e. 10rvx[l.I�rJNi GFtAT[•e TO CIr* EPIEerFR F'ple IE�F T1Tr.AI,6 vs,,� . �. rA"FSe •pR Ia-J9e. PATIO t' ... _. Y•FM Tli G,ri'GF n1molm Wl7 r� t�Ga is�.wA .ep•i.mw soar _ -- ecciaTeli a.c.R��ee.n:r�xG�s- - - �•r — �-- —r' .,. �., E. BRDADWAY AVENUE Page 6 Page 146 Item#8. 1 NORTH ELEVATION-BLDG.A &e, Sbt ws-t 6b, AT W.2 SFS SD3 2 EAST ELEVATION-BLDG.A MATERIALSICOLOR LEGEND 5D-3 SD-2 WS-1 SF-1 BM-1 SD-1 ST-1 BRA oA.w .aoAE A �w� ���oa Page 7 Page 147 Item#8. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: A-2019-0032 (CZC,DES, &ALT); H-2019-0057 (VAC);A-2019-0164 (PBA). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, obtain the signatures of the Ada County Highway District and the Central District Health Department. 4. The short plat prepared by Sawtooth Land Surveying,LLC,prepared on March 25,2021 by Jeff Beagley, included in Section VI.A shall be revised as follows: a. Note#10: Include recorded parking easement agreement instrument number. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. There are no new changes to the domestic water or wastewater infrastructure serving this development. The City will not bill individual condos owners for water and sewer usage.There will be a single bill to the HOA, and it is the HOA's responsibility to bill tenants. General Conditions: 2. 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. 3. Developer shall coordinate mailbox locations with the Meridian Post Office. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Old Town and the current zoning district of the site is O-T. Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to this property and are adequate to serve the building sites currently under construction. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 8 Page 148 Item#8. Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural,scenic or historic features associated with short platting the structure on this site. Page 9 Page 149 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and GFI - Meridian Investments III, LLC (Owner/Developer) for Gateway at Ten Mile (H-2020-0046) Page 150 ADA COUNTY RECORDER Phil McGrane 2021-082775 BOISE IDAHO Pgs=62 NIKOLA OLSON 05/26/2021 12:32 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI—Meridian Investments 11, LLC, a Utah limited liability company, as an undivided 16.85% interest as tenants-in-common; Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common; RWG Investments,LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common; GFI-Meridian Investments 111, LLC, a Utah limited liability company, as an undivided 33.65% interest as tenants-in-common; and DFG Investments, LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common (collectively, "Owner/Developer"). THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 14th day of May 2021, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642 and Owner/Developer,whose address is 74 East 500 South, Ste. 200, Bountiful, UT 84010. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho,described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer submitted an application for annexation of 41.28 acres of land with a C-G(General Retail and Service Commercial)and R-40 (High Density Residential) zoning districts of the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE I OF 13 Item#9. 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 17th day of November,2020,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 2 OF 13 Page 152 Item#9. Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to GFI—Meridian Investments II,LLC, a Utah limited liability company,as an undivided 16.85%interest as tenants-in-common; Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common; RWG Investments,LTD,a Utah limited partnership,as an undivided 18.69%interest as tenants-in-common; GFI-Meridian Investments, III, LLC, a Utah limited liability company,as an undivided 33.65%interest as tenants-in-common;and DFG Investments, LTD, a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common,whose address is 74 East 500 South, Ste.200, Bountiful, UT 84010, hereinafter called OWNER/DEVELOPER, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Owner/Developer is required to submit a Development Agreement Modification if any future development or application materially deviates from the approved Development Plan, as attached hereto as Exhibit"C", and recorded Development Agreement. The City shall not issue a building permit until the property is subdivided. b. Owner/Developer shall comply with the design standards as proposed and shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions,attached hereto as Exhibit"B".Owner/Developer shall also comply with the following additional design standards at a minimum: 1. Street level commercial must have at least 40% of the linear dimension of the fagade as windows or doorways; DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 3 OF 13 Page 153 Item#9. 2. No wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet; 3. The principle doorway for public entry into a building shall be from the fronting street.; 4. Minimally six(6)of the eleven(11)proposed single-story structures shall be built with a first story clear ceiling height of 12-15 feet,especially those two structures along the main internal thoroughfare built adjacent to the proposed street cross- section 2 as seen in Exhibit VII.0 of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B"; and 5. In place of the fourth bullet point shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B", the following provision shall apply: Minimize single-story structures; on single- story structures, use architectural facades to add height wherever possible and visually effective. c. All street cross-sections (excluding commercial parking lot drive aisles) shall be consistent with the submitted cross-sections as shown in Exhibit VILE of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B", commensurate with the Ten Mile Interchange Specific Area Plan (TMISAP) for traditional neighborhood design. Commercial drive aisles should still be designed with a high degree of pedestrian connectivity and comfort in mind, and utilize on-street parking where feasible to separate pedestrians from automotive traffic. d. Owner/Developer shall preserve the Civic portion of the site for the future development of a multi-modal transit station. Interim uses shall be limited to shared/overflow parking, open space, and temporary uses (i.e. outdoor markets, car shows, mobile sales units, special events, and others as outlined in UDC 3-4. If by 2040 no Valley-wide study is adopted or the Treasure Valley High Capacity Transit Study determines a transit station is not necessary here, this restriction shall be null and void. e. All future landscaping and lighting shall be consistent with the TMISAP and Public Works standards. f. No accesses to N. Ten Mile Road and W. Franklin Road are approved with this application; access points to these arterial roadways will be reviewed in conjunction with the future traffic impact study required by Ada County Highway District(ACHD) upon future development of the subject site and any future subdivision. g. Upon future development, and upon dedication of the required right of way by third parties,Owner/Developer shall construct half plus twelve feet of the future collector street where it abuts the Property located in the southeast corner of the Property, as shown on the approved Development Plan. h. Owner/Developer shall construct the east-west street in the northern portion of the site as a full public street ending in the southeast corner of the proposed Civic site as DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 4 OF 13 Page 154 Item#9. shown on the approved Development Plan in Exhibit VILC of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B". i. Future development of this site shall comply with the Ten Mile Interchange Specific Area Plan (TMISAP) goals submitted by Owner/Developer , as shown in Exhibit VII.D of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit `B"; all other goals stated in the TMISAP shall also be complied with to the extent possible other than the Floor Area Ratio (FAR) requirement. j. Future development of both the commercial and residential structures shall comply with the applicable architectural design guidelines within the TMISAP and the Architectural Standards Manual (ASM). k. Future development shall be consistent with the development and dimensional standards listed in UDC 11-2A-8 for the R-40 zoning district and those listed in UDC 11-213-3 for the C-G zoning district. 1. Owner/Developer shall comply with the ordinances in effect at the time of application submittal. in. The future residential development on this site shall be developed with a density range of 8-15 dwelling units per acre, based on the acreage of the entire site. n. If an agreement with ACHD to relocate their pond to the constrained piece in the southwest corner of the site is not accomplished,the Applicant shall coordinate with the Parks Department to include a public amenity (trail hub lot) in the southwest corner of the site, labeled as possible ACHD pond relocation on the approved Development Plan.If neither agreement can be made,Owner/Developer may construct this area with a specialty use that allows for an activity node for the development. Future development plans shall show this area of the approved Development Plan with greater detail following these discussions. o. Minimally those commercial buildings fronting along the central thoroughfare, proposed to be built adjacent to the labeled street section 2, shall be built as close to the back of sidewalk as possible—outdoor dining may be used in this area as an alternative but building fagades shall be built no further than 10 feet from back of sidewalk in any case. p. The proposed plazas as shown in Exhibit VII.E of the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit`B",shall be built as raised islands for added pedestrian safety and placemaking; the addition of bollards shall also be considered for added safety and to delineate travel areas. q. Future development and potential changes to the development shall include no more than 45% of the subject site with residential uses, as measured in acres and square feet. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 5 OF 13 Page 155 Item#9. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants,agreements,conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 6 OF 13 Page 156 Item#9. approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: c/o GFI—Meridian Investments 111, LLC with copy to: 74 East 500 South, Ste. 200 Deborah Nelson Bountiful, UT 84010 Givens Pursley LLP 601 W Bannock St Boise ID 83702 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 7 OF 13 Page 157 Item#9. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on Owner/Developer , each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer , to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each parry shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 8 OF 13 Page 158 Item#9. City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] DEVELOPMENT AGREEMENT—GATEWAY AT TEN MILE(H-2020-0046) PAGE 9 OF 13 Page 159 Item#9. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GFI—Meridian Investments H, LLC, a Utah limited liability company, as an undivided 16.85% interest as tenants-in-common By: Trevor Gasser, Manag Alpine 24 Investments, LLC, a Utah limited liability company, as an undivided 12.12% interest as tenants-in-common By: G. Walter Gasser,Manager RWG Investments,LTD., a Utah limited partnership, as an undivided 18.69% interest as tenants-in-common By: WGA-III, INC. a Utah corporation Its: General Partner By:14. Walter Gasser Its. President GFI-Meridian Investments III,LLC, a Utah limited liability company, as an undivided 33.65% interest as tenants-in-common By: Trevor Gasser,Mana r DEVELQPMENT AGREEMENT-GATEWAY AT TEN MII.E(H 2O20-M6) PAGE 10 of 13 Page 160 Item#9. DFG Investments,LTD., a Utah limited partnership, as an undivided 18.69%interest as tenants-in-common By: WGA-111, INC. a Utah corporation Its: General Partner By: G. Walter Gasser Its: President CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 5-25-2021 Chris Johnson, City Clerk 5-25-2021 STATE OF SS: County of ❑cvr5 On this day of Wl ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared Trevor Gasser kaAm or identified tome to be Manager of GFI—Meridian Investments II,LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEA4 Notary Public for t;j- c^ F t;U'f`f 1-LUSCHER Residing at: 2 Wjc.cr, VNo '.iH!'I'(1kI;•5 t:.t'f)I-fj rA[I My Commission Expires: L& t c- 2a2.Z COMMISSION NO. 7U2771 )MM. EXP. 10-11-2022 t SCOTT TEUSCHER STAT�OF 1 F:•,`'� ss: NOTARY PUBLIC■S TA TE OF tITAH County of ] ,f COMMISSION NO. 702771 ,•" r COMM- EXP. 10-11-2022 On this day of ,2021,before me,the un erstgne , or said State, personally appeared G.Walter Gass awn or identified to the to be Manager of Alpine 24Investments,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for '' SCOTT TEUSCHER Residing at:S(�Z $ YVt�14 iL""4°C�L tJ-� NOTARY PUBLIC•STATE OF UTAFI COMMISSION NO. 702771 My Commission Expires: G_- 1 t- 2s'Z 1` COMM. EXP. 10-11-2022 DEVELopmENr AGREEMENT—GATEWAY AT TEN MtLE(H-2020r0046) PAGE 11 of 13 Page 161 Item#9. STATE OF e,L,, } ss: County of IOC4 r�� ] On this day of UVL ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G. Walter GasAr known or identified to me to be the President of WGA-III, Inc., a Utah corporation, and the General Partner of RWG Investments, LTD.,a Utah limited partnership, who subscribed said limited partnership name to tine foregoing instrument,and acknowledged to me that such corporation executed the same in said limited partnership name. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public f'or Residing at: SZ-- -1 �awv LctL SCOTT TEUSCHER My Commission Expires: L a -l t- �LZ- OTARY PUBLIC-STA TE OF UTAHOMMISSION NO. 702771 COMM. EXP. 10-11-2022 STATE OF G-�C t, } ss: County of b e-.V } On this day of ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G.Walter Gass own or identified to me to be Manager of GFI-Meridian Investments,Ill LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official sea[the day and year in this certificate first above written. f Notary Public for SCOTT TEUSCHER Residing at:SG L 5 WV4tn' NOTARY PusLrc•STATE OF UTAH My Commission Expires: Lb -U-'io 1.t COMMISSION NO. 702771 f COMM. EXP. 10-11-2022 STATE OF ) : ss: County of cjjL } Ou this Il'�( day of MIL ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared G. Walter G er known or identified to me to be the President of WGA-III, Inc., a Utah corporation,and the General Partner of DFG Investments,LTD.,a Utah limited partnership,who subscribed said limited partnership name to the foregoing instrument,and acknowledged to tie that such corporation executed the same in said limited partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at:94,Z S h►t-0-• SC4TT TEtSSCHEFi My Commission Expires: t Q-W Z.Z NOTARY PUBLIC•STATE Of UTAH N �'F COMMISSION NO. 702771 COMM. EXP, 10-11-2022 DEwLt7PMENT AGREEMENT—GATEWAY AT TEN MILE(H 2O20-0046) PAGE I--' UI [3 Page 162 Item#9. STATE OF IDAHO ) :SS County of Ada ) On this 25th day of May ,2021,before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) rotary Public for Idaho ReSiding at: Meridian, Idaho Commission expires: 3-28-2022 DEvELoPMENP AGREEMENT—GATEWAY AT TEN MEE(H-2020-0045) PAGE 13 OF 13 Page 163 Item#9. Exhibit A Annexation and Zoning Legal Descriptions kin 9233 WEST STATE STREET J BOISE,ID 83714 J 208.639.6939 J FAX 208.639.6930 April 20,2020 Project No.:20-005 Legal Description CITY OF MERIDIAN ANNEXATION A parcel of land situated in the West 1/2 of the Southwest 1/4,Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence followingthe westerly line of said Section 11,N00'52'00"E a distance of 1,546,96 feet; Thence leaving said westerly section line,SSB'28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the northwest corner of a parcel described as Parcel A of Record of Survey No.6883,(Records of Ada County,Idaho)on the southerly right-of way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88'28'33"E a distance of 1,183.65 feet to a found 5/8-inch rebar marking the northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, 500'40'38"W a distance of 1,318.22 feet to a found iron pipe; Thence leaving said easterly boundary line,N88'37'58"W a distance of 237.14 feet to a found iron pipe; Thence N00'41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88'37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00'40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W.Franklin Road; Thence 500'50'24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly section line,N89'09'36"W a distance of 771.48 feet to the BEGINNING. Said parcel contains 41.284 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. SAL LA&D E� ,'C E N Se0 U�4 a a 6662 Y1� OF F� Y KIVEL qua ENGINEERS J SURVEYORS I PLANNERS www.kmengilp.com Page 1 Page 164 Item#9. 10 WEST 1/4 CORNER 0 125 250 500 N I 11 SECTION 11 Scole: 1" = 250' In N rLUnion Pacific Railroad rn — — — Ll S88'28'33"E 1183.65' LAft Legend y5 \,\OENSFD G'P< off' 0 FOUND IRON PIPE Q 6�r1 ® FOUND 5/8" REBAR LL u FOUND BRASS CAP mil' Pao A CALCULATED POINT FCC Y KE HR — — — SECTION LINE BOUNDARY LINE ADJACENT BOUNDARY UNE -0 (n N 0 _Z dt N cPDD mN Franklin&Ten Mile ml LLC o 00 a V)N 0o d b o Z m(p N.T.S. V) o N0941'48"E 5.00' � 1 I E s LINE TABLE LINE BEARING DISTANCE \ /+ 2 / L1 S88'28'33"E 48.00 \� L2 N88'37'58"W 237.14 \ W 3 kn POINT OF BEGINNING L3 N88'37'58W 227.97 \ / —1—I p SOUTHWEST CORNER 7--jA L2 L SECTION 11 L4 SO'40'38"W 193.32 John H. °� E o L5 SO'50'24"W 30.00 3 ._ a Morton m Y - - - - 0 15 14 N89-09'36'W 771.48' L5 W. Franklin Road $ E N G I N E E R I N G 9233 WEST STATE STREET 0 BOISE,IDAHO 8371E c PHONE(2081639-6939 City of Meridian Annexation o kmeng8p.com Ada County, Idaho DATE: April 20,2020 O PROTECT: 20-005 SHEET: A Portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho 1 OF 1 Page 165 Item#9. 1 1 83.65 sB8°28'33"e 3 M N O � Q M O b [V Q h O C n88°3T58'hv n88°37'58"w 3 227.97 237,14 � M A O n89°09'36"w 771.48 Title: Date:04-20-2020 Scale: 1 inch=250 feet File: Tract 1: 41.284 Acres 1798338 Sq Feet:Closure=n81.2834e 0.0I Feet: Precision=1/864866: Perimeter=5562 Feet 001=tt00.5200e 1546.96 005--n 88.3758w 237.I4 009=s00.5024w 30.00 002—s88.2833e 4&00 006-n00.4148e 5.00 010=n89.0936w 77I.48 003=s88.2833e 1183.65 007=n88.3758w 227.97 004=s00.4038w 1319.22 008=s00.4038w 193,32 Page 166 Item#9. km E N G I N E E R I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for C-G Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: BEGINNING at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,NO0"52'00"E a distance of 1,546.96 feet; Thence leaving said westerly line,588'28'33"E a distance of48.00 feet to a found 5/8-inch rebar marking the Northwest corner of a parcel of land described as Parcel A of Record of Survey No.6883,on the southerly right-of-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88°28'33"E a distance of 643.44 feet; Thence leaving said southerly right-of-way line,S00°52'00"W a distance of306.93 feet; Thence N89°06'49"W a distance of 19.91 feet, Thence 576"01'35"W a distance of 203.26 feet; Thence S00°52'00"W a distance of 497.48 feet, Thence 397.66 feet along the arc of a circular curve to the left,said curve having a radius of 250.00 feet,a delta angle of 91°08'14",a chord bearing of S44°42'07"E and a chord distance of 357.04 feet; Thence S89°09'12"E a distance of 505.25 feet to the easterly boundary line of said Parcel A; Thence following said easterly boundary line,S00°40'38"W a distance of 218.18 feet to a found iron pipe; Thence leaving said easterly boundary line,N88"37'58"W a distance of 237.14 feet to a found iron pipe; Thence NOO'41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88"37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S00'40'38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W.Franklin Road; Thence S00°50'24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly line,N89°09'36"W a distance of 771.48 feet to the POINT OF BEGINNING. Said parcel contains 24.011 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANO N Sep SG9� 6662 s� �o f'rf OF �OP� F�rlh�r K��R� 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com `v I V) Page 167 Item#9. ppl LANpS 10 ��y ��INS£40 G�fi 7 11 WEST 1/4 CORNER o ,c SECTION 11 a 6662 i� s9J� 4f `OP�o �F(C Y K HR�� �Llnion Pacific Railroad S88'28'33"E 843.44' � I I I t Franklin&Ten Mile L3 LLC Oo com CD to N d O z"t rn �w aaN 65 W a m rn1 N a LL co o o a x o d o L a V)� C-G o z mp o v' 0 125 250 500 I I Scale: 1" = 250, 0 S89'09'12"E 505.25' L5 o L7 Ln I ��o = POINT OF BEGINNING L8 16 ° >o a SOUTHWEST CORNER rn 8 m SECTION 11 ACHD John H. E 0 Morton o r 5 15 14 N89'09'36"W 771.48' L10Ion — — — w W. Franklin Road E N G I N E E R I N G 9233 WEST STATE STRFEr 0 BOISE,IDAH083714 PHONE I208J639-6939 C-G Zone k—g0p.com Ada County, Idaho DATE: octoher 15,2020 S PROJECT: 20-0cs SHEET: Exhibit B 1 OF 2. A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 168 Item#9. 643.44 s88°28'33"c 3 o p, hb 0 0 o � 35"w s s762035 26 aw a 0 b O T O G N � h h � 505.25 s89°09'12"e 3 00 00 e � O N O n88°37'58"w H 08137'58"w y 3 227.97 237,14 ca N m M G o � O r n89°09'36"w 771.48 Title: Date: 10-14-2020 Scale: 1 inch=260 feet File: Tract 1: 24.011 Acres: 1045912 Sq Feet:Closure-n33.1032w 0.01 Feet: Precision=1/869864: Perimeter=5852 Feet 001=n00.5200e 1546.96 007=s00.5200w 497.48 013=n88.3758w 227.97 002=s88.2833e 48.00 008: R-250.00,oeim=9t.08w nns az0re,c 0=357' 04 014=s00.4038w 193.32 003-s88.2833e 643.44 009=s89.0912e 505.25 015=s00.5024w 30.00 004=s00.5200w 306.93 010=00.4038w 218.18 016-n89.0936w 771.48 005=n89.0649w 19.91 011=n88.3758w 237.I4 006=s76.0135w 203.26 012=n00.4148e 5.00 Page 169 Item#9. ENGIkm NEE RING October 15,2020 Project No.:20-005 Exhibit A Legal Description for R-40 Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,N00°52'00"E a distance of 1,539.02 feet; Thence leaving said westerly line,S89°08'00"E a distance of 691.40 feet to the northerly boundary line of a parcel of land described as Parcel A on Record of Survey No.6883,on the southerly right-of-way line of the Union Pacific Railroad and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88°28'33"E a distance of 540.21 feet to a found 5/8-inch rebar marking the Northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary line of said Parcel A, SOO°40'38"W a distance of 1,100.04 feet; Thence leaving said easterly boundary line,N89°09'12"W a distance of 505.25 feet; Thence 397.66 feet along the arc of a circular curve to the right,said curve having a radius of 250,00 feet,a delta angle of 91°08'14",a chord bearing of N44°42'07"W and a chord distance of 357.04 feet; Thence N00°52'00"E a distance of 497.48 feet; Thence N76°01'35"E a distance of 203.26 feet; Thence S89`06'49"E a distance of 19.91 feet; Thence N00°52'00"E a distance of 306.93 feet to the POINT OF BEGINNING. Said parcel contains 17.273 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Ali subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. pL LANos C5 4\GENSE� GPG 6662 A Jf9jF OF It 9233 West State Street Boise,Idaho 83714 • 208.639.6939 • kmengilp.com Page 170 Item#9. 10 NL LAND ! `�WEST 1/4 CORNER 13 SECTION 11Ce o 6662 0 �o I 9lF OF SOP — o — — gUnion Pacific Railroad — �F,L S88'28'33"E 540.21' 1011b��� LI (TlE) POINT OF BEGINNING �F I J I + Franklin&Ten Mile L3 LLC a M 170 o O U2 N _0 (O U`(O h QQl J ll0ilN I T -� C)I a u 00 "'o' cv R-40 0 t7 FCIj N(Nn I Q a Coot z to 0 o to I � 0 CT W 104 13 4 15 14 N89'09'12"W 505.25' a 0 POINT OF COMMENCEMENT x SOUTHWEST CORNER v SECTION 11 N Legend z ® FOUND 5/8" REBAR _ $ FOUND BRASS CAP z 2 CALCULATED POINT — SECTION LINE 0 125 250 500 <a BOUNDARY LINE lam E N G I N E E R I N G - - ADJACENT BOUNDARY LINE Scale: 1" = 250' g 9233WESTSTATE STREET p BD ISE,IDAHO 83714 PHONE(Z08)639-6939 R-40 Zone kmengllp— Ada County, Idaho DATE: October 15,2020 PROJECT: 20-005 SHEET: Exhibit B 5 1 OF 2 A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 171 Item#s. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 41.28 acres of land to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI— Meridian Investments III,LLC. Case No(s). H-2020-0046 For the City Council Hearing Date of: October 27, 2020 (Findings on November 17.,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 27.2020,incorporated by reference) ?, Process Facts(see attached Staff Report for the hearing date of October 27,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 27, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 27,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval.are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile-FILE#tH-2020-0046) - I - Page 172 Item#9. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 27,2020, 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 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 27, 2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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 1 I- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -2- Page 173 Item#9. or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. 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 October 27,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE#H-2020-0046) -3- Page 174 Item#9. By action of the City Council at its regular meeting held on the 17th day of November 2020. 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 Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 11-17-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gateway at 10 Mile—FILE 91-1-2020-0046) -4- Page 175 Item#9. Exhibit A STAFF REPORT E II3IAIT:-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/27/2020 Legend DATE: Project Location TO: Mayor&City Council — - r. -_ . :-- FROM: Joe Dodson,Associate Planner 1 ►----- �' 20S-884-;533 - - --�--r--�+��_ SUBJECT: H-2020-0046 � -- Gateway at Ten Mile ;. . . LOCATION: The site is located at the northeast corner of N.Ten Mile Road and W. Franklin - Road, in the SW '/4 of the SW I/4 of ,�' , ------ r ' Section 11,Township 3N., Range I W. i � f 1 I. PROJECT DESCRIPTION Request for annexation and zoning of approximately 41.28 acres of land from RUT in Ada County to the C-G(26.54 acres)and R-40(14.74)zoning districts to accommodate the future construction of a mixed-use commercial and high-density residential development,by GFI—Meridian Investments III, LLC. Note: Following the original publication of this staff report for the Planning& Zoning Commission,the Applicant requested a continuance to further analyze and address Staff's concerns and recommended conditions of approval.The Applicant and Staff have worked together in the recent months and a revised concept plan was generated out of these discussions. This revised and more detailed concept plan has been analyzed by Staff and has resulted in strikeout and underline changes throughout the staff report including changes to the Development Aereement provisions and conditions of approval. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 41.28 acres Future Land Use Designation Mixed Use Commercial(MU-C);Civic;Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use(s) Agriculture Proposed Land Use(s) Future Residential,Commercial,Office/Retail,and an area reserved for a future Civic Use Lots(#and type;bldg./common) None proposed at this time Pagel Page 176 Item#9. Description Details Page Number of Residential Units(type NIA; Proposed future high-density residential of units) Physical Features(waterways, Ten Mile Creek hazards, flood plain,hillside) Neighborhood meeting date:#of February 5,2020- l attendee attendees: History(previous approvals) NIA - B. Community Metrics Description Details Page Ada County Highway District • Staff report(yeslno) Yes Section VI11.E • Requires ACHD Commission No Action(yes/no) Access(ArteriailCoilectorslState See analysis section below for more information(Section HwylLocal)[Existing and Proposed) V.F) Stub StreetJlnterconnectivitylCtoss See analysis section below for more information(Section Access V Y) Existing Road Network Franklin.Road and Ten Mile Road,arterial roadways,are fully improved with at least two travel lanes in both directions abutting the site. Existing Arterial Sidewalks There is existing 7-foot attached sidewalks along both Buffers arterial streets:there is no existing street buffers due to the property never being developed. Proposed Road Improvements Applicant is not required to improve Over Overiaiid Read either arterial roadway of dedicate additional right-of-way. Fire Service No comments For bubble plan. • Distanee too Fire Station A miles kam Fire Siaiiefi#6 • Fire Response Time Reliability is tia"eym at jhis ti,r.0 Mr ahte saaiiefl is Inew. n i...k 14-wi fie.+.ioa Risk Faeter 1 RCesWeniial COMPASS Job/Housing Ratio .4(range of 1-1.5 is ideal;lower number indicates an em to ment need Nearest Services Bus Stop—0.4 miles Public Park- 1.2 miles Grocery Store—2.6 miles Page 2 Page 177 Item#9. C. Project Area Maps Future l..and Use :Flap Aerial Map $4 � Legend Medium Density Legend „� r ;Project Locatior Resid hitial ' Project Location MU-C ` ;.: L _ Me ].High density Mixed Residentialployme Employment I, � High Density Residential MU-Cam U - i MU-Res .Orn erMai - Zoning Map Planned Development flap Legend R-$ R-4 0 Legend 0Project Location l RUI Project Location R- L-p R-$ R 4Q ; city Lirrlits R-$ RUT �__' R-15 Planned Parcels - R-15�RUT R1 C-C R-8 -_�C-.0 -------- - C-G - -- - - - -- - R-15 1-L L-a C-N i --- - -� C-G- �r R-8 TN-C C-C R-4Q RUT _ R-40 AN RUT TN-R FD _--__-- R-40 C-G TN-C C-C TN-C _ R-g RUT III. APPLICANT INFORMATION A. Applicant: GFI-Meridian Investments 1I1, LLC-74 East 500 South, Ste. 200,Bountiful, UT 840 10 B. Owner: Franklin &Ten Mile LLC-217 W. Georgia Avenue, Ste. 100,Nampa, ID 83686 Page 3 Page 178 Item#9. C. Representative: KM Engineering, LLP—9233 W. State Street, Boise,ID 83714 IV. NOTICING Planning& Zoning I City Council Posting Date Posting Date Newspaper Notification 5/29/2020 10/912020 Radius notification mailed to properties within 300 feet 5/26/2020 101612020 Site Posting ._rr rya 812&2020 9/22/2020 NextDoor posting 5/27/2020 101612020 V. STAFF ANALYSIS A. Future Land Use Map Designation (hitps;llivii nreridrancftt,.otglco)nppiurr] Mixed Use Commercial —The purpose of the Mixed Use Commercial designation is to encourage the development of a mixture of office,retail, recreational, employment,and other miscellaneous uses,with supporting multifamily or single family attached residential uses. While the focus of these areas is on commercial and employment uses, the horizontal and vertical integration of residential uses is essential to securing entitlements. The subject property also resides within the Ten Mile Interchange Specific Area Plan(TMISAP) which plans for approximately 2,800 acres bordered(roughly)by Linder Road to the east; McDermott Road to the west: the Union Pacific Railroad line to the north and ''/a mile south of Overland Road on the south. The specific area plan is an addendum to this Comprehensive Plan. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential within the TMISAP. The goal in these areas is to achieve a floor area ratio(FAR)of 1,00- 1.25 or more. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character.The mix of residential uses may be achieved vertically within buildings;however, some horizontal mixes may be allowed.Where existing parcel sizes are small,development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across several parcels. This land use designation calls for an overall target density of 8-12 dwelling units per acre,with higher densities allowed on individual projects. No more than 30 percent of the ground level development within the Mixed Use Commercial designation should be used for residences. The proposed annexation area is surrounded by e_xisling City.-of Meridian zoning. The proposed application is only for annexation ivith the required Development Agreement; no subdivision or Conditional Use application is curren1h,proposed. The Applicant has proposed a biibbk-canmi plaza that f a are development shall be based gfja both its general ideas and its specifte details are important and will help guide,fiaure development, In general, the proposed annexation and coning is fir C-G(general commercial and offeelretail)and R-40{high-densio;residential) with a goal to adhere to the TMISAP and the Mixed Use Commercial policies.As.stated, this.site resides in the TMISAP and will be required to meet certain site design and building design standards(see further analysis below)regardless ofthe zoning districts. Eglbrcetnent of these standards will be larZel y done through the executed Development Agreement required with annexation 4fthis proper(y. Since there are no other concurrent applications associated with this Page 4 Page 179 Item#9. project. Staff'anticipatesfiarther-refinement ofthis#sable concept plan as end-users are identffied and a_r_raffic impact study is completed in the future. The Applicant is requesting R-40 zoning-for their residential portion of'the property Staff' understands the desire is to use this zoning designation for high-density residential in the form of rnralti-farrrily development. Multi-family residential is a conditional use in the R-40 zoning district and requires additional specific use standards as stated in UDC 11-4-3-27. MuLi-fatnilk residential is also a_ conditional arse in the C G zoning district and theoretically Me Ire gpplican could propose less vertivalhy dense residential across both requested zonindistricts. Because of this fact,Staff'is recom►rtending that the Cross density,of anlprQposed residential asses is based on the entire area of the site and not just within the residential.:onittg district. This will allow the Applicant to offer taller and denser residential on a smaller footprint fzlrthering compliance with the R9ived Use Commercial goals and policies. m-emiofg dee.i f . "-PStaS'is concerned that traditional, "Alk-up garden style►ulti family built in the areas shown on the bubble plan as R-40 would not meet the intent ofthe Mixed Use Commercial designation to build higher densitti,and integrated housing �vithin developments. Staff recognizes that meeting this goal is not always 100%L f asible, however, the applicant shnuld implement ma ?►t ,of the design concepts envisioned by 4w this}snare laud arse desig-nation wilhim the Ten Mile Area plan to ensure general compliance. The Agplivant has assured Slud'that traditional garden.sn le multi fantih,apartments will not be proposed and are not envisioned on this site. With the revised concept plats and conversations that have occurred with the Applicant, Staff now has less concerns regarding the npe of'apartments that may be built on site but will be adding provisions into the DA to help ensure traditional garden style multi,Tamily is not built as purl of this projecL :50O Staffpreyiously recommended chaanzin-e the requested Voniur from C-G and R-40 to the Tr•aadid(mal Neikliborhood zoning districts. This recommendation was nrade witli the intent to ensure pedestrian oriented design and ensure some multi-stm buildings on the subject site in order to comp1j,ivith fire comprehe►rsive Plan. Since the original publication of the staffreport, the Applicant and Staff have worked to create a more refined concept Plan that includes an overall stepping in building-height from the arterials towards the interior of the site and street sections that mirror those within the specific area plan. These Proposed street sections show on-street parking,bike la►res,parkways with a tree canopy, and detached sidewalks These — Page 5 Page 180 Item#9. Awes ofstreet designs are largeN what a "complete street"should be and offers walkable and inviti►tm nei-elrbarhoods for both the residential and cot►ttnercial component o0roiects. An additional change front the original bubble plan is the Applicant's addition of 3-ston townhomes alone the main thorougltfirre ofthe site and one o fthe roads proposed as a complete street. These 3-story tows►homes are a welcomed additional housing nwe on site and should help to create placetttaking within the transition between residential uses and commercial uses on the sub►ect site. Because of these chances,Staff is now more comfortable with rite requested,-oniur desimnations of C G and R-40 with both Staff and the Applica►tt understanding that provisions will be included to ensure the site is constructed in the future with a Pedestrian oriented focus as nor-proposed with the revised concept plat. These revisions make the development»tore consistent with the policies outlined in the Mired U.se Commercial designation,specifically those that Promote different housing tt7res and all intezration of'cominercial and residential uses. Ten Mile Interchange Specific Area Plan(TMISAP); The subject site and development is required to be consistent with the street cross-sections and design elements contained within the TMISAP. These include elements of streetscape design, building design,site design,and pedestrian connectivity. Because there is no specific development proposed with this application, Staff cannot analyze whether the application meets specific design requirements. However, Staff is including some of the most applicable goals from TMISAP below and analyzing those portions that are shown on the bubb! revised concept plan. The Applicant has also included a list of goals from the TMISAP within their application that they expect to be included as DA provisions(see Section VII•C). The following are goals and design elements in the TMISAP that are most applicable to future development based upon the submitted bubble plan and submitted application materials —Staffs analysis is in italics: ■ Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential— This t}pe Ufneighborhood design_focuses on true interconnec•tivity between pedestrians, cyclists, and the automobile_ One way this is achieved is through Street Oriented Design. This design requires streetscapes that should include landscaping with trees between curbs rind sidewalks, the adjacent residetrces, and an'v buildingfr-ontages. It creates development that allows access for everyone to be direct and convenient. T-he that of 'r'wvuldHe na „ The Applicant's revised concept plait.specifically shows more of'these elements Iparkst ays detached sidewalks a6ecent to residences_etc.) through their proposed street sections (see Section HLQ. Because this is only a blfbbe conMtplan, Staff Kill analy a fiaure.s eci ie developrnent.,for compliance with these design concepts. Future development gf'the site.should also focus on building scale and design oriented for 20 mph or slower. Features typical of•higher speed trr flic are not compatible with the internal activity+centers intended,for the Ten Mile Area. A11 features o,f the•fixture buildings should he pedestrian oriented, especially those,fronti►rg on internal travel ways and drive aisles.A simple wav to help the City'ensure a site design with these types of'desigrts is to ,t., e.pl;C nt:- . g,ed. :.renfial Eoningand , recommending-a DA provisions thaat fixture development adhere to the street cross-sections• site design,and architectural design standards laid out in the TMISAP and within the.submitted street sections. to the l ■ Street-oriented design is critical in urban environments and especially at a gateway to the Ten Mile- Area such as this;buildings should be at or close to the property line creating a Page 6 Page 181 Item#9. consistent edge to the public space and making streets more friendly and walkable— The Applicant has proposed a DA provision that.speaks to this goal but the.submitted condition relates to buildings fionting on Teri Mile and Franklin only. Stglf agrees that these buildings should get as close as possible to the edge of the landscape batffers required along the arterial roadx-ays but because of'the required landscape httffers, they= cannot "hold the corners"gf'thes•e major roadways. Therefore,_f inure commercial buildings should also aim to achieve this goal on all internal streets as well, where most pedestrian traffic will occur an.vways. Ak• ill eRsiwe Ae r.. ifienW neighbor4e.9 ► reeenimendafion to . The revised concept plan shows a majority of the commercial and 3-story townhome structures aiming to meet this,goal. Sta,(fi s still unable to fitlly determine whether the proposed structures are shoivn at the praperh,litre or are setback because it is only a concept plan,However, Straffwill be inclitdingprovisions to require that at least those buildings alyyng the interior thorouahlare are built to the back of sidewalk unless outdoor dining is proposed within this area. Staff'under stands that there may he a need far some of these structures to have frontage area for outdoor dinigg_or architectural elements--this should not preclude these buildings fi•oin being built with these elements and as close to the back pf sidewalk as passible to aid in placemaking within the development. In addition, the very southwest corner of'the site is constrained by the Ten Mile Creek and will severely limit any,use in this section of the site. The btobble revised concept plan has a note stating_"possible AHD pond relocation"in this area of the site. 771er-e_is no guarantee that ACHD will agree to relocating their pond and the Applicant should lie open to a number of possible options on this constrained piece oj'tlre prQpertZ This corner of the property is approximately 1.5 acres(including the easement area) anal is highly visible from public roadwa),s. This area should be treated with great care and consideration of its intended use. Ten Alik- Co:v--e The Teti Mile Creek should be integrated with the f attre uses proposed in this area similar to the design concepts implemented with the approval of the TM Creek project to the south. Sla ff also recommends the Applicant work with the appropriate agencies and City departments to,find the best use for this corner. There could be an opportunity to provide a public use on this side ol'lhe creek. ■ Incorporate plazas between compatible uses to provide shared outdoor seating and enhance pedestrian circulation between uses— The revised bubb z eoncept plan shows plazas between proposed commercial uses and a shared vista between the proposed officeli etail area and the high-density residential. This revised la}youl shows better pedestrian connection between uses and should greatly help activate the commercial uses. r___s_.•:_..- eKewed desij4n .:.•_.. emM in ..._ _ k*v and..._ __ _. Someflexibility in the location of'these should be assumed in the future, to ensure maxim urn benefit front a variety and inir of rises and various intensities and scale. ■ The goal in these areas is to achieve a FAR(floor area ratio) of 1.00-1.25 or more— There is no development proposed at this time that can have its FAR analvzed. This FAR is indeed a goal and not a prescribed standard as achieving this will be Mcult for most developments. However, Staff and the Applicant have had discussions regarding this goal Page 7 Page 182 Item#9. find the TMISAP goal of two-story or more structures. In response, the Applicant has included a proposed DA provision that would require same of those structures along the►►rain intc riot-road tirrrl n►rr)l he siirgle-sto►7► ld be designed in such a way that their building.facades appear to be a two-.story structure. Slad'is supportive of this provision so long as it does not include more than the nvo buildi►tgs shorn to he affected by this requirement as depicted on the submitted concept plan. StalLis sc=ortive ol'this but in rea_liti+this Provision helps add a took and feet to the.scale ofal rizitecture_instead of ar:ding in adding densitt+.sn Stafl'is not overly cn►acertrerl with this. Instead, Staff is - recommendinz a Provision that all commercial structures along the main tho►•oughtrrre (the only road shown with on-street parking) have a ceiling height of'at least 15 feet for Ike ground level commercial this includes those buildings shown as single-store with two-stow facades. This provision is consistent with language within the TMISAP(see page 3-38 within the plan). r.,w cad r.,..,; g to . e the look..rAy ti l; ..t..•.eh g a Staff will review each building site asJUlure land use applications are submitted for compliance with thi.9 gafw the uroPosed provisions but is not inclined to hold the Applicant to speck FAR requirements. Civic Land Use Designation--There is a very small area in the very northeast corner of the subject site,adjacent to the railroad tracks,that shows a Civic future land use with a Transit Station icon nearby won on the future land use map(FLUM).This area is labeled on the ,-taure Land Use Map (FL UN)N)as Civic to serve as a placehoider for future multi-modal transportation options should they arise. This o .,►.,,4s 4he~a:' . _fide, and : a eat ...lHee t fi4efe multi modal transpot4atien The Applicant plans to incorporate that area into their proposed R-40 zoning district.The Applicant shows this area as an open space area to act as a placeholder as it may be decades before it develops as a public transportation hub, Future transportation needs are going to become increasinglk,important for the City of Meridian, especially in the Ten Mile Area. To ensure the needs of/ature generations are at least capable of being nzet, areas labeled as Civic with a Transit Station icon within our FLUM need to be preserved to the extent possible. In addition to the specific land area needed,for a transportation hub, access to the site is equall)?as important. The access to this Civic area is analyzed in the Access section of'this staff report, see Section V.F. In order to help preserve this area, Staf'is recommending a DA provision that holds the Applicant to interim uses, such as sharedloverflow parking or open space and other temporary uses that don't require a lot o finveshnent or permanent stritcttt+•es, until such time that it develops as its k�e"d envisioned civicltransportation use. It should be noted that the City and outside agencies like that of'COMPASS and VRT do not currently have Medic plans for horn mass-transit within the Valley will work within the rail corridor or at this location. Because of this, it is currently difficult for Stalfto recommend other uses not be allowed or limit certain uses on this site for the area shown as Civic on the FL OR It should be rioted that COMPASS is currently doing a study to determine the corridor-and mode Ibr the I-84 alternative analt sis. There will he additional public involvement and stud y necessar-v Page 8 Page 183 Item#9. be ore anv real regional decision is made oft how the railroad corridor is used foa-public transportation. The Commission and Council should be aware that this Applicant is choosing to work)-vith Staff-on preserving this area for the benefit of the City and not necessaril 1 for themselves, which is appreciated. Nevertheless, Staff is concerned that the reserved area shown on the concept plan as open.space may not be enough area for f Ature transit needs like a transit station and associated in1kas•trueture; the parking area directly to its west and potentially even the adiacent multi-story buildiu may_need to be redeveloped in_the f tture depending on the tie of public transpo_r tatiair developed in the fzrttrre. The-ppl_icant is aware that more of this area orate need to be redeveloped in the fiatire to accommodate future needs and also understands that a multi-modal transportation stop oil this propeM,-would be beneficial to this development. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application and consistent with the Comprehensive Plan Staff recommends a DA as a provision ofanne-xation with the provisions included in Section V11I.A1. The DA is required to he signed b'v the property awner(s)ldeveloper and returned to the Chit within 6 naonths of'the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies (Irttps:Il �a7s.nteridiancitglcompplart7: The applicable general Comprehensive Plan policies are cited below with Staff analysis in italics. "Promote Ten Mile, Downtown,and The Village as centers of activity and growth."(2,09.03 B). The location of this site is at a major intersection within the TUISAP, in the northeast corner of N- Ten Mile Road and W. Franklin Road. This site is one of the last major corners of the Ten Mile Area to be annexed, Even though there is no specific development proposed at this time with this application, the submitted bubble plan shows the framewo►k for a center of'acti vity and growth. Stuff believes this could be a welcome addition to the City of Meridian. "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 bubble plan shows R-40 zoning which is meant for high-density,residential. In line wilh this, the Applicant plans to construct multi fatnih;residential and some 3-stole townhomes in the requested R-40 zoning area. In the nearby vicinity of this site there is detached and attached single-family residential and multi family residential. There is other R-40 zoning in the area inhere nzulti.fanrily is under construction, an area where inulti fainily is already constructed, and anolher area of R-40 zoning that is zoned but not yet developed. There is also R-R and R-I5 zoning districts nearby that house the single Jittnily residential options for the area. Staff believes that some additional nlulti-Jamily residential is a good fit for this area and the pro osed density-of c•ominerc•ial uses,provided there be a miv of housing product t pes and designed consistent with traditional neighborhood principles. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management, and frontagelbackage roads, and promoting local and collector street connectivity"(6.01.02B). Future development oil this site will dictate precisely where and how manv access points to the arterial streets Wen Mile and Franklin)are needed The Applicant is requesting to keep as manv of the existing curb cuts as possible but understands that those locations shown on the bubble plan are not approved. This is because a f sture TIS will he required and the applicant will be required to,show how and why the locations and number of access points are needed. In general, Staff'appreciates the Applicant's desire to not keep all existing access points. Staff will largely defer to ACHD's staf-f report on the f inure access points onto the arterial streets to be determined with a future traffic stuuv, Staff-recommends that the — Page 9 Page 184 Item#9. applicant work with ACHD f ar the extension o/the collector street network to serve the development with a jWttre r►afc studv. "Provide housing options close to employment and shopping centers"(3A7-02D). This project is proposed as a mixed use development that would have both residential and employment opportunities in the saute area. In addition, the area immediately south of'the subject site is the Ten Mile Crossing subdivision that is f idl of commercial and emplQvnient development. Staff believes this is a prime location for residential, especiralty far the different housing types being proposed. "Encourage the development of high quality,dense residential and mixed use areas near in and around Downtown,near employment, Iarge shopping centers,public open spaces and parks, and along major transportation_corridors,as shown on the Future Land Use Map." -02.a1!E). Gateway at 10 Mlle is proposed as a mixed use development with three and four-store, high densitil residential as a main use of the site, The residential piece of this develop mew is proposed io integrate with the commercial portion of the site as well as offer options to those working in the empllovment centers nearby and throughout the Teti Mile Area. In addition, the site is located at the corner of two major arterial streets which litrthers the need for dense residential and a nzix of uses on this corner. Stao'fands that as development occurs oil the subject property,,future development on neurby Vroperties will encourage the density and Opes of uses proposed rat this location. Stafffiids this development to be generally consistent with Comprehensive Plan policies and objectives. C. Existing Structures/Site Improvements: The subject site is solely used for agriculture at this time. No other site improvements or structures are known at this time. D. Proposed Use Analysis: The proposed uses are not yet set in stone. However, the Applicant's bubb! concept plan depicts multi-family residential; commercial;and office/retail.This application is requesting C-G and R- 40 zoning; multi-family residential is a conditional use in the R-40 zoning district per UDC Table l 1-2A-2 and the C-G zoning district allows multiple types of commercial,retail, and office uses. As noted above, Staffis z d;Hg the TX C d ru R z Y.en Or.1., a . a . thf:aHga, .a fede food ,'.ae_.MO16._►ow comfortable with the requested zoning ofC-G and R-40 contingent on the fact that tile edestrian oriented design outlined in the submitted street sections and revised concept plan are adhered to in the future. Staff"is recommending a number of revised and new provisions to help ensure the site is built as Page 10 - Page 185 Item#9. close to this as possible. Multi family residential is a conditional use in the R-40 zorling district one[the Applicant is aware that this application is not granting approval of the multi Tinnily use cis that ivill he determined through future conditional use pertnit(.$). The inclusion ofplazas and sideivalks•that connect the proposed commercial and rc.side_ntial uses promote interconnectiyity behveen awes as desired within the Mixed Use Comniercial designation in the TMISAP. The Applicant has provided an erlailait of these plazas showing what appear to be raised crossings far vehicles Mddingpedestrian sa&e ij,benches with trees-within tree grates and sails providing shade for bistro tables between the commercial buildings. StaffrndLs that these details within the subinitted exhibit show integration of_pedestrian elements and better access to the proposed commereia[Iretail buildings for those who will live and work on-site or nearby. Future development of these pleas should minimally contain these niain elements to ensure compliance with the TMISAP and Comprehensive Plan. StaQ''is recommending provisions ill line with these elements. An additional element of the proposed uses within this development are the proposed industrial uses to the east of the sabiect site. As more of this area develops ivith users, thev will need Places to live, socialize, and grab lunch. It is not unfathomable that employees ofthe new Fed-Ex distribution center to the east will walk to this property for lunch evet)r week. Because of this. Staffsarpports the ratio of'proposed commercial and residential on the subject site, 27.7 acres to 16.3 acres respectively. Even though r the proposed uses are subject to change as end-users are identified in the fixture, the general distribution of land reserved for commercial and residential is not intended to changee. To o1kr-both the Cite and the Apprlicant sonrefletibiliu in future uses. Staffis►•econune►tding a DA provision to limit the amount of Residential uses on the pt•op-erty to no snore than 45%'. ---E. Dimensional Standards(UDC I1-2); All future lots and public streets shall be required to meet all UDC dimensional standards.This includes property sizes,required street frontages, road widths, and traditional neighborhood design standards as required by the TMISAP_and the traditional neighbor-hood.districts i the i i F. Access(UDC 11-3A-3): Even though the subject site is used for agricultural purposes and has historically been so,there are multiple curb cuts along W. Franklin load and N. Ten Mile Road, arterial roadways. The submitted bubble plan shows the Applicant's desire to keep a majority of the existing curb cuts for future access. According to ACHD,f aiwe development of this site roust have a trqfc impact study(TIS) completed and approved by ACHD based upon the density of housing and tape n f comnierc•ial users proposed. Because a TIS will be required at a fie ure date, Staf f'will await conditioning the access points until such time that future development applications and a TIS are submitted. A DA provision has been recommended in this staff report to ensure compliance with Cin,and ACHD policies regardingfuture access points to these arterial roadways. Along the eastern boundari; the Master Street Map (MSM) and the TMISAP show a future collector roawwyy that traverses almost the entire eastern property line. This collector roawwav is intended to connect across Franklin and into the Ten Mile Crossing subdivisions to the south of this site. However, this collector roadwa'3,cannot be built at its proposed connection point to W. Franklin Road at this time due to this Applicant not owning the property that direel v abuts Franklin Road. The Applicant is agreeing to construct ha f phis welve feet ofpublic right- - Page 1 i - Page 186 Item#9. of wav on the area of the site they do own in the southeast corner o_f their site. This construction) would occur upon development of the site at a.fixture date- Directly to the east of'this site is I-L zoning and a new Fed-Ex distribution center is nearing construction. Even though the MSM and TMISAP show the_future collector roadway going Jia•ther-north along the shared property,boundary and then heading east, Fed-Ex was not required to build a portion of the collector-roadway going north-south on this shared property line. Instead they were approved with an east-west collector road further south within their property•that aligns with the proposed east-west roadway in the southern area shown it? this application. This location of the collector roadway is clearly decent that? that shown within the TMISAP. This new location should still offer adequate cross access between parcels once Ally developed but has also changed the type of fiazrre access to the Civic use in the northeast corner of this site where the collector roadway ivould connect to. Since the Fed-E.r distribution center was approved wiihotct constructing the north-south collector. roadwav shown on the MSM, it is not a feasible option to require this Applicant construct their- portion at this time. , &qffbeliev w c9 .far Instead. Staff believes adequate access to ani,f tture transportation use im along the north boundary Hei-theast e--mef of the site,shown as the Civic land use on the concept plan, can be obtained via an east-west puhlic street connection to Ten Mile Road as depicted ora the concept plan.A]qefHigai a4emafkw;o Mis i§,eidd he to meve the OWe EHefior4hei'%t;e9t. 64M tfiei�g� moi4hern heimdaeg,beet behind Me Tem We, aiid emmtr Stuffhelieves the travel wav shown it? the north of the.site 4 should be built as a.full public access (at least a loyal street) to handle fixture traffic to and_fi•om a transportation huh instead of the private street shown an the concept plan. In addition to the access points to Tern Mile and Franklin?Road, there will be travel ways withit► She development, These areas appear to be.shown on the s..r..,,:, ed r ttbb e revised concert plan as a combination of public streets,private streets. and Brim aisles_and of r.•rr..mbli,. or-F-F,... .,., r The road network will he the backbone of the connectivity for this development and is therefore incredibly important to Chef►ture development of this site. Staff would prefer the main travel wav shown: that starts in the southeast corner and curves up towards the northwest corner ofthe properly be a public local.street. Ott Staffbelleves creating a gore rp rblie thoroughfitre would help tr•a,( eflow and create a grand drive through the development lined with street trees and pedestrian walkways. Staff is faddy supportive of the proposed street sections as the),mirror those presented as "Street Section C"and "Street Section D"within the transportation.section of the TMISAP(see page 3- 0 and 3-21 of the TMISAP). The submitted renderings include street trees, hike lanes, on-street parkinZ and detached sidewalks all of these elements are desired within the Ten Mile area and especially within AIL.-red Use Commercial land use designations where pedestrian oriented desiei is expected. Whether the rinal street layoul within this development is private or public, Staff is recommending that minimally the main streets within the development he buill with these street sections in mind. c along a fhk - Page 12 Page 187 Item#9. Staff recompnends that the Applicant continue working with ACHD on the extension of the street nem ork within this development: this will hopefully occur through the future tiaJficstudy that is required. G. Parking(UDC II-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office,and restaurant uses. ' .,dditian,the parkiiig staiia. Fds for Future Manning land us applications will determine the required number of parking spaces for all uses. H. Pathways (UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed use designation is pedestrian access and Connection as well as cyclist connectivity and safety for all. A recommended DA provision is the applicant provide a pedestrian circulation plan with a future DA amendment or subdivision, so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. 1. Sidewalks(UDC 11-3A-17): Seven-foot attached sidewalks exist along N. Ten Mile Road; seven-foot attached and detached sidewalk exist adjacent to W. Franklin Road. No additional sidewalks are proposed at this time because no development is proposed with this application. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. Staff notes that pedestrian connection will be integral to fixture development of this site and the Applicant will be required to meet the standards as set forth in UDC 11-3A-17 and those additional ❑A provisions outlining the requirement to construct sorne complete streets as proposed with the submitted street sections commensurate with the TMISAP. J. Landscaping(UDC 11-3R). A 25-foot wide landscape buffer is required adjacent to both W. Franklin Road and N, Ten Mile Road,arterial roadways, landscaped per the standards listed in UDC 11-3B-7C. A common lot that is at least 25-feet wide along these roadways will be required upon future development. As future development and the required TIS will dictate vehicular connections to Franklin and Ten Mile, Staff does not find it necessary to require Construction of the buffers now. Some of the required landscaping would likely be destroyed upon development.Therefore, Staff will analyze the landscape buffers at a later date. The landscape details that are a part of complete streets*Rd will be analyzed with future development. K. Qualified Open Space(UDC I I-3G): The Applicant has requested R-40 zoning and has stated their intention of developing that area with high-density, multi-family residential. In the R-40 zone, multi-family residential is a conditional use and qualified open space will be required for a minimum of 10%of the gross area and the open space requirements for the specific use standards in UDC I 1-4-3-27 the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee;therefore, this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications).The qualified open space and amenities for the future multi-family development will be reviewed at a later date. Page 13 Page 188 Item#9. fi L. Building Elevations{UDC 11-3A-19 I Architectural Stand►rdy hrtrr►►raa : As stated above, no specific development is proposed with this application.Therefore, no building elevations were submitted. Future buildings on the subiect site will be required to meet the architectural standards laid out in the TMISAP and the Architectural Standards Manual (ASM).The architectural design standards within the recommended traditional neighborhood design often reflect buildings with porches,minimal front loaded garages, and great pedestrian connections. The vertically integrated buildings being recommended by stag'have specific use standards that will also drive the architectural design for these areas. Staff recommends the Applicant review these requirements in conjunction with the Ten Mile Plan and its architectural standards. The proposed C-G zoning district should house multiple types of uses. The future buildings in this zone will be required to minimally meet those architectural design standards listed in the non- residential ASM checklist. In addition,the TMISAP requires the commercial buildings to be built with street oriented design. Some of the main design points in this specific plan are: buildings must"hold the corners"of the site when adjacent to streets; street level commercial must have at least 40%of the linear dimension of the facade as windows or doorways;no wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet; and the principle doorway for public entry into a building shall be from the fronting street. Staff is recommending DA provisions to ensure future compliance with the architectural standards for both the commercial and residential portions of this project, VI. DECISION A. Staff': Staff'recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VIII.A per the findings in Section IX of this staff report, B. The Meridian Planning&Zoning Commission heard these items on September 17, 2020. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning request. I. Summary of Commission public hearing_: a. In favor: Stephanie Leonard,Applicant Representative:Deborah Nelson,Applicant Legal Representative b. In opposition: None G. Commenting: Stephanie Leonard: Deborah Nelson:Walt Gasser. Applicant. d. Written testimony: None L. Staff presenting application: Joseph Dodson,Current Associate PIanner f. Other Staff commenting on application: Bill Parsons, Planning Supervisor 2. Key issuc{s}of public testimony a. None 3. Key issue(s) of discussion by Commission: — Page 14 - Page 189 Item#9. a. Viability of allowing up to two building permits prior to any plattingprocess and before an approved Traffic Impact Study(TIS)-Staff does not support this request. b. Are the access points to proposed project from Franklin and Ten Mile Roads,arterial streets,shown approved by City Staff. - Provisionally,these accesses are approved but without a TIS, none of it is guaranteed. G. Location and potential future use of Civic/transit area along north.boundary of site. d. Overall vehicular travel layout mostly focused on new location of collector roadwa versus_that shown on theMSM including where a future signal is planned at Franklin. e. What is the relation of this corner in terms of development of other areas within the Ten Mite Area 4. Commission changefsl to Staff recommendation: a. Revise DA provision VIII.A-I.b to include the first part of the Applicant's request for a wording change. 5. Outstanding issue(s) for City Council: a. None C Thc.MerWian Cil-Y.Counci -heard_thes�iWm-mQctQhtr? 202Q..Atibc-puhli�karing,the Council moved to approvc the subject Annexation and Zoning request. i. Summary of the City Council public hearing a. ln_favor,S-tOhanic-LcortardApplicant Repre�entatiye;_I�Yalt Gasscr._A�licat�t b. In o pasitj None c, C rnmcnting;- hanic_> cQnardy_Wal sser; Tr r-Casscra_ApvIbQaptj-mtYn.Lucas, ACH�Repre�ent�ti�e. d Written testimony:Nome ex Staff-mwiti-ng Planner f, O.thcc5-taff cvmmenti on gli a on Ngne 2. K�Lt i e S)-of_?�b1ic te,t5 i n�+_ a. None 3. Key-issuew.of diwussionby City Council: a, The near and long tenn potential use of the reserved Civic area near the northeast corner f h s imelLa wi3s-d ri b staffran sh l l,t gr e-n -- - a Qn 9 r the t�+to purcha c_thi s_�r�a rnia #pf t DA-am i Qrt b Staffs.comfort level with the DA and-whether it has been deemed strong enough to dict-ftf1w-v,-&xgl+ppmen6aIk j ;-A-sitc�-���thiJ rhngc}-w Lthe Applicant e ret c�ired to go lief retX Council again? c The ex _ te,r�timelinc of velp ent_ geCifii --mbiether theme i4ntial rn� cotnrncrcial G4mpQneati�cxpe�teslxo��o�r�tr��tccffirst. d, The of acros to Franklin Road atisslated to be signafind by ACH andbaw the construction of this_ssnai mig t occur with the Applicant not owning the r edy dirmity.a-diaccM to Fra�lin Rs�ad-ltts it�L uea from A HI]re,�; pod d t this question following sttaffs_comments outlining that with the required_Traffic lmgaot $Ndy_JIS,I3ACH0 will-rxvicw-what-the Applicant will-fie requir_csit+�partici�aate in mgarding�the.future_signal and aII requested acc-us-points e, Whether a discussion has occurred between the develer and the Commmity Myc1oxnentsict�aartxr���assisti��t��Apuicartt��f��i►�nar�Lsf�ih� commerjoial_portion ctfihe-site-_in-mdcr_toArx.and,bring-family--wag is SAO-Mcridiam f: Clarity on why staff decided to not push the floor area ratio goal from within the TMISAP and how has that bren mitigated within the s# ff report and suhseguent DA provisions. Page 15 Page 190 Item#9. 4. City Council change(s)to Commission recommendation: Approve the revised language for DA provisions VII1.AI.b&VIII.AI.I per the -AP,Plic mq e_st— frith thrsc ruisions as thpyyAwfQr glAdty�d of chafe the function or intent of eithcr o i io Page 16 Page 191 Item#9. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps(NOT APPR03o�D) lam 9233 WEST STATE STREET I BOISE,la 83714 { 208.639A939 1 FAX 208,b39.6930 April 20,2020 Project No.:20-005 legat Descr iption CITY OF MERIDIAN ANNEXATION A parcel of land situated in the West W of the Southwest 1/4,Section 12,Township 3 North,Range I West, Boise Meridian,Ada County,Idaho and being more particulariy described as follows- BEG]NNING at a found brass cap marking the southwest corner of said Section 11,which bears S0D'52'00"W a distance of 2,646.23 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,Nf10'52'00"E a distance of 1,546.96 feet; Thence leaving said westerly section line,588°28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the northwest corner of a parcel described as Parcel A of Record of Survey No.6893,(Records of Ada County,Idaho)on the southerly right-ol-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,588'28'33"E a distance of 1,183.65 feet to a found 5/8-inch rebar marking the northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary Ilne of said Parcel A, S00"4d38"W a distance of 1,318.22 feet to a found iron pipe; Thence leaving said easterly boundary line,N88'37'58"W a distance of 23 7.14 feet to a found iron pipe; Thence N00'41'48"E a distance of 5.00 feet to a found iron pipe; Thence NS8'37'58"W a distance of 227.97 feet to a found 5/8-inch rebar; Thence S0WMY38"W a distance of 193.32 feet to a found 5/8-inch rebar on the northerly right-of-way line of W.Franklin Road; Thence 500'5tY24"W a distance of 30.00 feet to the southerly line of said Section 11; Thence following said southerly section line,N89'09'36W a distance of 771.48 feet to the BEGINNING. Said parcel contains 41.294 Acres,more or less,and is subject to all existing easements and/or rights-of way of record a implied. hG LANs ENSEQ bpi a a 6662 rf OF �dr¢ ENGINEERS I? SURVEYORS I PLANNERS www.krnengitp.com Page 17 Page 192 Item#9. 10 WEST 1/4 CORNER 0 125 250 500 N / 12 SECTION 11 Scale: 1" = 250' !n en 'tUniOn Pacific Railroad Ll S88'28'33"E 1183.65' �5ti �tNS Legend E o 0 FOUND IRON PIPE a �+p C 62 r� I FOUND 5/8" REBAR J FOUND BRASS CAP � A CALCULATED POINT c OF C Y KE�F — — — — SECTION LINE BOUNDARY LINE — — ADJACENT BOUNDARY LINE W � (Y p Z taw tp m6 N - Franklin&Ten Mike 0? LLC LL `fl o C 00 3 in[V m r , ffi N N.T.S. \ Ear] o NCO'41'48"E 5.00' LINE TABLE LINE REARING DISTANCE , '+ f L1 588'28'33"E 48.00 L2 N8B'37'58"W 237.14 + Q Y o POINT OF BEGINNING L3 NW37'58"W 227,97 , l^ Z 2 Ln o SOUTHWEST CORNER 7A�CHD 'l SECTION T 1 L4 S(T40'38'W 193.32 y `m a o L5 SO'50'24 W 30,00 John H. 3 Morton 0 x 1U 2 — — — — 15 74 N89'09'36"W 771.48' L5 4 W. Franklin Road 7 km, E N G I N E E R 1 N G a 9233 WEST$TAtE s ftEct eoisf,irHwo 83714 "ONE 12W639M9 City of Meridian Annexation Ada County, Idaho 5 fwrE: April2A,Tom m ❑ PROIECT: 20-ws SHEET: A portion of the West 1/2 of the SW 114,Section 11,T.3 N„R,1 W.,B.M.,Ada County,Idaho 1 ❑F1 Page 18 Page 193 Item#9. ERR°2R'33"r 3: 6� r tlll8°37'58"w att8*37561w 227.97 237.1a b � n84'�4'3d"w 771.4R Title: Date:04-20-2020 Scale: l inch=250 feet File: Tract I: 41.284 Acres: 1798339 Sq R&Closure=tt81.2834e 0.01 Feet: Preaisinn=1/864866. Pmimetcr=5562 Fees 001=a00.5200e 1546.96 003=388.3758w 237.14 009=00,5024w 30.00 002`s88.2833c 48.00 00&--mODA148e 5.00 0103n89.0936w 771.48 003=s88.2833e 118M5 007=n88.3758w 227.97 004-00.4038w 1318.22 008-Js00.4038w 193.32 Page 19 Page 194 Item#9. km E N G I N E E A I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for C-G Zone A parcel of[and situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range I West, Boise Meridian,Ada County,Idaho and being mare particuiarly described as follows: BEGINNING at a found brass cap marking the Southwest corner of said Section 11,which bears SiD0'52'00"W a distance of 2,64613 feet from a found brass cap marking the West 1/4 corner of said Section 11,thence following the westerly line of said Section 11,N00°52'00"E a distance of 1,546.96 feet; Thence leaving said westerly line,S88'28'33"E a distance of 48.00 feet to a found 5/8-inch rebar marking the Northwest corner of a parcel of land described as Parcel of Record of Survey No.6883,on the southerly right-of-way line of the Union Pacific Railroad; Thence following said southerly right-of-way line,S88"28'33"E a distance of 643.44 Feet; Thence leaving said southerly right-of-way line,SD0°52'00"W a distance of 306.93 feet; Thence N89°06'49"W a distance of 19.91 fleet; Thence 576"01'35"W a distance of 203.26 feet; Thence SDD"52'00"W a distance of497A9 feet; Thence 397.66 feet along the arc of a circular curve to the left,said curve having a radlus of 250.00 feet,a delta angle of 91`0814",a chord bearing of S44°42'07"E and a chord distance of 357.04 feet; Thence 589"09'12"E a distance of 505.25 feet to the easterly boundary line of said Parcel A; Ilience following said easterly boundary line,S00'40'38"W a distance of 2 18,18 feet to a found iron pipe; Thence leaving said easterly boundary line,N88"37'58"W a distance of 237.14 feet to a found iron pipe; Thence N00°41'48"E a distance of 5.00 feet to a found iron pipe; Thence N88`37'58"W a distance of 227,97 feet to a found 5/8-inch rebar; Thence S00"40'38"W a distance of 193.32 feet to a found 5/8-inch re bar on the northerly right-of-way line of W.Franklin Road; Thence S00°50'24"W a distance of 30.00 feet to the southerly line of said Sect ian 11; Thence following said southerly Iine,N89'09'3VW a distance of 771A8 feet to the POINT of 8EWNNING. Said parcel contains 24.011 Acres,more or less,and is subject to all existing easements and/or rights-of way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. �L LA&D tij6tiY$£as��fi a x a 6662 lp 'r£ of ode 4 9233 West State Street Boise,Idaho 83714 • 208.639.6939 kmengllp.tam t� Page 20 Page 195 Item#9. TO NNL LAND SG 4ry \GENSF. •pA `-�WEST 1/4 CORNER o f 11 SECTION 11 Q 6662 o — 4.Umon Patffic Railroad S8828'33"E 643.44' � I I I G4 Franktin&Ten Mile L3 LLC �] m 0[V n k �(,to m QQ d o r yry C•G C V2 p O Q Z m p V0 1 9 "' 1 0 125 250 500 I a I Scale: 1" = 250' x ` 589'09'12"E 505.25' L5 L7 , W 01 LION T OF DECIHNiNG LB L6 -Cc 1 HWEST CORNER m John H 1i J ACHD MahonoX m 1S N89'o9'36"W 771.48' Liokn, — — — W.Franklin Road u E N G 1 N E E R I N G T M3 WEST STALE STREET ❑ BMW IDAHQp 137i4 PNome!")09 WIS C—G Zone � k.nn�lly�Pm Ada County, Idaho AaiE- 4cSo6er 15,2070 P(ppJeCT: I6005 SHEET: Exhibit B 1 OF 2 A portion of the West 1/2 of the SW 1/4,Section 11,T.3 N.,R.1 W.,B.M.,Ada County,Idaho Page 21 Page 196 Item#9. 643.44 z88°2ti'73"c qL p P N p Y � s7$^01 3m'v ,p�yG r2 e r- m N v n v g 305.25 sa4°p9'12'c wr 3 oa N 09°37'38'tirr ^8$°37'S8'w w 227.97 231.14 � y _ r84°tl9'36'u• _ 771.48 Title: Qate: i0-14-2020 Scale: 1 inch=260 feet File: Tract I: 24.011 Acres: t045912 Sq Feet:Closure=n33.1032w 0.01 Feet: Precision-1/369864: Perimeter=5852 Feel 001=n00.5200e 1546.96 007=00.5200w 497.48 013--n88.3758w 227.97 002=s88.2833e 48.00 09w 014=s00.4038w 193.32 003--s88.2833e 643.44 009=s89.0912e 505.25 015=�DO.51124w 30.00 OW OO.5200w 306.93 01O=s00.4038w 21 S.18 016-n89.0936w 771.48 005=n89.0649w 19.91 011�n88.3758w237.14 006=s76.0135w 203.26 012=rt00. I48e 5.00 Page 22 Page 197 Item#9. km E N G I N E E R I N G October 15,2020 Project No.:20-005 Exhibit A Legal Description for R-40 Zone A parcel of land situated in the West 1/2 of the Southwest 1/4 of Section 11,Township 3 North,Range 1 West, Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Southwest corner of said Section 11,which bears S00°52'00"W a distance of 2,646.23 feet from a found brass tap marking the West 114 corner of said Section 11,thence following the westerly line of said Section 11,NOW52'00"E a distance o€1,539.02 feet; Thence leaving said westerly line,589"08'00"E a distance of 691.40feet to the northerly boundary sine of a parcel of land described as Parcel A on Record of Survey No.6893,on the southerly right-of-way line of the Union Pacific Railroad and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S88°28'33"E a distance of 540.21 feet to a found 5/8.Inch rebar marking the Northeast corner of said Parcel A; Thence leaving said southerly right-of-way line and following the easterly boundary tine of said Parcel A, SOD•40'38"W a distance of 1,100.04 Feet; Thence leaving said easterly boundary line,N89°09'12"W a distance of 505.25 feet; Thence 3 97.6 6 feet along the arc of a circular curve to the right,said curve having a radius of 250.00 feet,a delta angle of 91°08'14",a chard bearing of N4447'07"W and a chord distance of 357.04 feet; Thence NOWSV00"E a distance of 497.48 feet; Thence N76'01'35"E a distance of 203.26 feet; Thence S89"06'49"E a distance of 19.91 feet; Thence NGD°52'00"E a distance of 306.93 feet to the POINT OF BEGINNING. Said parcel contains 17.273 Acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. Ail subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. L LAND ��co or'E N SE-p o e fist fiTrF OF �or� io I yQ 9233 West State Street Boise,IdahoSA714 • 20&639,6939 kmengllp.com Page?3 Page 198 Item#9. 10 pL LApO S WEST 1/4 CORNER yy��\CE HS'r& P< 11 SECTION 11 6662 Tf OF — o - - jLlnivn Pacific Railroad - - l Y i(ENR�`"� S88'28'X3"E 540.21' - L1 (TIE) POINT OF BEGINNING J Franklin&Ten Mile L3 LLC :t a o � � a _4 m o z r. _ cc Of ' aj n cv 111 C ti —m N N t jl� 000 u i N R-40 i2 F-Qj�'N o In o W Z mq z a N C h � n � 10� 11 15 T14 N89'09'12"W 505.25' POINT OF COMMENCEMENT SOUTHWEST CORNER SECTION 11 N Legend a FOUND 5/8" REBAR _ FOUND BRASS CAP 6 CALCULATED POINT — - - - - - SECTION LINE 0 125 250 500 BOUNDARY LINE ff lam N E E R I N G - - ADJACENT BOUNDARY i1HE u E N G I Scale: 1" = 250' x 9233 W EST STATE STREET O BOISE.IOAMOS3774 3' PHONE Nos)639.69M R-40 Zone � kmenallp.com Ada County,Idaho DATE; October 15.2o2o u PROTECT• tB-045 SHLLT: Exhibit B $ 1 OF 2 A portion of the West 112 of the SW 1/4,5ection 11,T.3 N.,R.I W.,B.M.,Ada County,Idaho Page 24 Page 199 Item#9. 54DI I s88°2Er33"¢ a 0 0 n r� C ao3 ae r76,aj"3s"e 4 V A y �+ n64°f14'I:"w 505-25 Title: Dare: 10-14-2020 Scale: 1 inch=200 feet File: Tract 1: 17.273 Acres: 752430 Sq Feel:Closure=05.01 M-0.01 Peet: Precision=11322352: Perimeter=3571 Feet 001 s88.2833e 540.21 ON:RL R 223 o,x,-91.w 1; wng-046.ato7w, esr.os 007=s89.0649e 19.91 402=WO,4038w 1100.04 005=nOb.520e 497.48 009= 00.5200e 306.93 003�nKD912+v 505.25 006 n76.0135e 20326 Page 25 Page 200 Item#9. B. Bubble Plan(date: 618/2020)(NOT APPROVED) LEGEND �� COMMERCIAL TENMILE CREEK FULL ACCESS 10 OFFICEIRETAHL SPECIALTY OF PICEIRETAIL i 'iI4AI. UVLL APPROVALz-, + INT ERIORT RAVEL WAY i RESICi>:NTIAL R-q0 FINAL OLVELOPMCH[PUNS CIVIC ROIINDARY FUTURE COLLECTOR E� NOT A PART H--W RAILROAOTIRACH5 r'�• SPECIALTY SITE ENHANCEMENTS L IPLAZA5.LANDSCAPING,DININGI r~OFF-SFFf ROADWAYS --4 PEDESTRIAN PATHWAYS(LOCATIONS ARE SCHEMATIC) I I I l l l I RAI LRDAD RIGHT OF WAY iTi::'—.-�*-a•iw..—r.w:Ti iii'ii7L...-7i -- I C R LIVI � COMMERCIAL RFSIDFKTAII I • II I • � I I � •4 � CG L2 COMMERCIAI 1 _— '��-.•••.•►i..>�.� wry���.�i���A ' fie.. - • -•►-•.•..•. �'S� s �n� a I Cc. SA i R ao �Y z i I COMMERCIAL OFFICE/RETAIL RESIDENTIAL 1 I xLLFFICE/R�TAII. '* -.' • [G Off ICE.•RCTA IL OFFICEIRETAIL •�:.: COMERCIAL ACHDEXISTING ALIT . . NOFA PART YVIAPARI FRANKLIN ROAD — _t _ IpRIryCIPAL ARTERIAL) // i I (A> TEN MILE AND FRANKLIN BUBBLE DIAGRAM 7�1 _1110, 210' + Pie In 5ca le:1"=70'When Prinwd pa 24"X96" Page 26 Page 201 Item#9. C. Revised Cone H*Development Plan (Augost September 2020� THE GAAT EWAY AT 10 MILE .IVA 1 1 1 i l l I_LLI I I 1 IJ_Ll 11 RAILRGAbl4l6 ETOFANY C.q R.10 0 RAAROAORlGWOF WAY - � gPENEN ARF A E7iEClf,1VE APARTMENTS 011 SECTIOR LEVATOR EXECUMVE APARTMENTS - PLALIA a 1 ul I€� � OPEN AREA - Imo--- -- . 46 TYPICAL •••••� ENTS EXMlJ7IVE PATNY� _ ' TOR ; APARTMENTS IWCW TYPICAL _� v TONNNOMM r2I9RY 3SSORY 35fORY WITHGARAGj k 4+ aN wT-mIA R-40 r� I♦• h♦ ~ T x.. $=FION3 VLLrI STORY lr ' E ■ �. ,I jl��rj 44 PLAT-A■ --._ . , �" � � � �-;�--------•�.� �y ;� . I 7 T .•\ �Ho i exlsnnw nl 1 STORY T SYDRY HDTA PAPT I RW A RA9T �I PosslsL�nc•Ip PONa PEL07CATI0H 1 y'+l _ 1 E RLINROAD [PI RCIPAL ARTERIAL] it Siff AREA ULL[ULATIOM& , -4-STORY APARTMENTS 576,309 5F I1113 ACRES) -3-STORY TOW NHOMES'133.301 5 F{3 A6 ACRES] -COMMERCIAL/OF FILE 967.43R SF[2257 ACRES] DEVELOPMENT PLAN Page 27 Page 202 Item#9. D. Applicant's Proposed Development Agreement Provisions Ten Mile and Franklin—Proposed Conditions for DA We propose that the fbllowung items be included as conditions governing development of the subject properiy' • BuiIdinp along Ten A-lice and Frank Iin should relate eflcclivelyto each fronting street. Buildings along Teri :Mile acid Franklin should be at or close to the properly line racing the street with main entrances/facades oriented to the street. Parking will not be petntitted between front of building and street frontage along Ten Mile and F-ranklin. ■ Buildings at the earner of Ten Mile and Franklin should "hold the corners" to Lb extent feasible given the constraints of the site do to Ten Mile C.reck. • The splice between a building fagade curd the adjacent sidewalk should he landscaped with a combination of lawn.groundcover,shrubs,and trees. ■ Minimize single-story structures. Include at least one multi-story building fronting on Ten Mile and at least one multi-story building fronting on Franklin. On single-alon, structures, rise architectural facades to add height wherever possible and visually effective. • incorporate plazas between compatible uses to provide shared outdoor seating acid enhance pedestrian circulation beLWl'ein uses. • Rcstaurants arc encouraged to have outdoor dining. Shops & stores arc encouraged to open their doors &street front windows&use clear glass haul allows visual access Inwards&outwards. ■ Incorporate human-scale design with building entrances placed close to the street, a owed floor .windows, articulated facades, appropriately scaled signs acid lighting, and wrvnirng3 and other weather protection. Create architectural distinctions between any ground and upper stories. Announce entries through changes in details,materials,and design compositions. ■ Provide elements that become focal points and announce special places in the Ten Mile area {gateway & entrvtvav eonydor signs, continuous walkways_ attractive streetscape design and Iaandscaping}. ■ :Lkrchitectur-al character shmild establish a clear sense of identity for each actiGI, center through an overall palette for each phase of the development while maintaining a degroc of individuality for each building. The palette should address and coordinate key elements such as materials(walls.roofs,key architectural clements),and colors.etc. ■ Signs should be compatible with the architecture of the buildings and businesses they identify in colors,materials,sires,shapes,and lighting. Page 28 Page 203 Item#9. E. Proposed Street Sections and Plaza Exhibit THE GATEWAY AT 10 MILE who Y 5,cm SECTION 1 �qP F e 2 o f F � � "iF m� F -- ` & 1& fey � SECTION 2 - i Jr. PLAZA�-- }f-:4�•p d 4�i.�jJ,N_ _ FRAHKUN ROAD l IPD CI[3�Ig r IMLARTERIAL]_ DIKE PEDESiRIAH SECTION 2 CIRCULATION DIAGRAM [IR[IILATiON CIRCULATION DECORATIVE FLOWER POTS SITE FEATURE ART!SIGN BENCH SLKTING THEE GRATES SHADE BISTRO SEATING MAP K IO5 K 1 = _ I I � — — JJ l •I! PLAZA A SITE FEATURE-ART(SIGN RENCH SEATING TREE GRATES DECORATIVE FLOWER POTS BISTRO SEATING SHADE E PLAZA B IL7� f CONCEPTUAL,5UBJECTTO CHANGE Page 29 Page 204 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1 . A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owners)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA slialI be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall,at minimum,incorporate the following provisions: Fevised bubble plan reflecting StaWs recommended reviSiOns hero;., b. The Applicant is required to submit a Development Agreement Modification :f c development plan is known or „hefi a fuiur— if any future development or application materially deviates from the approved Development Plan and recorded Development Agreement. The City shall not issue a building permit until the property is subdivided,andntsj -i€te develeement la is api9feved by C-eu -eiI e. The App1i an!Shall r e the bLib le plan to show a larger-residential area to •c At least ten(10)days prior to the City Council hearing, the applicant shalt provide revised legal descriptions and exhibit maps for the requested C-G and R-40 disiriecam and!he reeemmetided TN C and TN o zoninN districts to reflect the revised_concept plan as seen in Exhibit V I1.C. meet the specifi•use standards as stated UDC- 4 •'�ingle famile. No maFe than two(.2) buildings along eaeli ar-ter-ial f�oadway with in th along N. 'Ten Mile Read and two buildings along W. Franklin Road),emeept exeliangefer stfine"es that are greater-thE f The Applicant shall comply with the design standards as proposed and shown in Exhibit VILGD. The applicant shall also comply with the following additional design standards at a minimum: L Street level commercial must have at least 40%of the linear dimension of the facade as windows or doorways; - Page 30 Page 205 Item#9. 2. No wall frontage shall continue uninterrupted by a window or public access for a linear distance of greater than 12 feet;and 3. The principle doorway for public entry into a building shall be from the fronting street-, 4. Minimally six(6)of the eleven(1 I)proposed single-story structures shall be built with a first story clear ceiling height of 12-1 S feet,especially those two structures along the main internal_thoroughfare built adjacent to the proposed street cross-section 2 as seen in Exhibit VILC: and 5. In place of the fourth bullet point shown in Exhibit VII.D, the following provision shall apply•. Minimize single-story structures, on single-story_ structures,use architectural facades to add height wherever possible and visually effective. g. All street cross-sections(excluding commercial parking lot drive aisles) shall be consistent with the submitted cross-sections as shown in Exhibit VILE commensurate with the Ten Mile Interchange Specific Area Plan (TMISAP) for traditional neighborhood design. Commercial drive aisles should still be designed with a high degree of pedestrian connectivity and comfort in mind, and utilize on-street parking where feasible to separate pedestrians from automotive traffic. h, The Applicant shall preserve the Civic portion of the site for the future development of a multi-modal transit station. Interim uses shall be limited to shared/overflow parkinL;,open space,and temporary uses(i.e. outdoor markets, car shows.mobile sales units, special events,and others as outlined in UDC 3- 4. If by 2044.no Valley-wide study is adopted or the Treasure Valley High Capacity Transit Study determines a transit station is not necessary here,this restriction shall be null and void. i. All future landscaping and lighting shall be consisting with the TMISAP and Public Works standards. j. No accesses to N. Ten Mile Road and W. Franklin Road are approved with this application;access points to these arterial roadways will be reviewed in conjunction with the future traffic impact study required by Ada County Highway District(ACHD) upon future development of the subject site and any future subdivision. k. Upon future development,the Applicant shall construct half plus twelve feet of the required right of way for the future collector street located in the southeast corner of the property. 1. The Applicant shall construct the east-west street in the northern portion of the site as a frill public street mAdin;.in_the_southeast_cgrn�,LQf tl7e�ro�Q5ed CivicaU along the eastern pr-operly botindar-y and wholly en this property st the 064111-56t F_ .,a....,,.i1i the „1hL- 66ffiff 4 th ending ifi th f4he s4 eemef of the site where the C-i Ae fiikire- ,.,.,a:--se S as shown on the approved Develo rn n Exhibit VILC.}Plan in m. Future development of this site shall comply with the Ten Mile Interchange Specific Area Plan[TMISAP] goals submitted by the Applicant,as shown in Exhibit VII.CD, all other goals stated in the TMISAP shall also be complied with to the extent possible other than the Floor Area Ratio(FAR)requirement. Page 31 Page 206 Item#9. n. Future development of both the commercial and residential structures shall comply with the applicable architectural design guidelines within the TMISAP and the Architectural Standards Manual(ASM). o. Future development shall be consistent with the development and dimensional standards listed in UDC 11-2A-8 for the R-40 zoning_district_and those listed in UDC 11-2B-3 for the C-G zoning district. p. The Applicant shall comply with the ordinances in effect at the time of application submittal. q. The future residential development on this site shall be developed with a density range of 8-15 dwelling units per acre, based on the acreage of the entire site. r-. The Appheant sliall integrate the Ten Mile Creek into the devel. the development. s. If an agreement with ACHD to relocate their pond to the constrained piece in the southwest corner of the site is not accomplished.T'#ethe Applicant shall coordinate with the Parks Department to include a public amenity (trail huh lot) in the southwest corner of the site,labeled as possible ACHD pond relocation on the bum concept plan. If an neither agreement wiIh the Gannet be made,the Applicant may construct this area with a specialty use that allows for an activity node for the development. Future development plans shall show this area of the bugle concept plan with greater detail following these discussions. t. Minimally those commercial buildings fronting along the central thoroughfare. proposed to be built adjacent to the labeled street section 2, shall be built as close to the bark of sidewalk as possibie--outdoor dining may be used in this area as an alternative but building facades shall be built no further than 10 feet from back of sidewalk in any case. u. The proposed plazas as shown in Exhibit VILE shall be built as raised islands for added pedestrian safety_and placemaking, the addition of bollards shall also he considered for added safety and to delineate travel areas. v, Future development and potential changes to the development shall include no more than 45%of the subject site with residential uses,as measured in acres and square feet. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.I A street light plan will need to be included in the preliminary plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards, 1.2 The City owns and maintains a reclaimed water system adjacent to the subject site. Connection to this systern is required for irrigation use. Use of reclaimed water is contingent on final design/demand. Declaimed water is only for commercialloffrce areas (n❑ residential). All reclaimed lines/sprinklers must be designed pet the city's reclaimed specifications including signage. Applicant shall be required to execute a user agreement Page 32 Page 207 Item#9. before water delivery. (See"Sample Reclaimed Water USER MANUAL" and "December 2017 RECYCLED WATER USER AGREEMENT" for additional information and examples.) 1.3 A Floodplain Development Permit is required for effective A Zone development. Applicant's engineer may want to extend the TM Crossing Hydraulic Study to determine actual floodplain and BFE's. 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 8112"x i 1"rnap with hearings 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. 24 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-83). 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. 15 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2_6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 1 1-3A-b. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. -- Page 33 Page 208 Item#9. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 S. Contact Central District Health for abandonment procedures and inspections(208)375-521 1. 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 pennits. 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.I3 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. 116 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. 119 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 AC HD.The design engineer shall provide eertification 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. 212 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 . Page 34 Page 209 Item#9. 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 forrn 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 887-221 l. C. NAM PA&MERIDIAN IRRIGATION DISTRICT(NMID) hrtps:llweblink.meridiancity.omg/WebLinklDocView.aspx?id=188672&dbid=O&repo=Meridian itV D. CENTRAL DISTRICT UEALTH(CDH) htt s:Ilwel�iiiik.?tieridianciA,.or IWehLinklDoeView.as --0id--187422&dbid Ochre o=MeridianC i(y E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:Ilwebliiak.meridiancitil.oI7lWebLinklDocl ieit,.g.Wx?irk 189937&dbid=O&repo=Meridian C a, F. COMPASS(COMMUNITY PLANNING ASSOCIATION) htlps:llweblink,meridians•ib,-.orglWebLinklDoc View,aWx?id=188458 'cdbid=f3&Wo=MeridianC itv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-53-3E) Required Findings. Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to C-G, T" C`iFd TX a a ii ets and n&R4w-R-40 zoning district is consistent with the Comprehensive Plan, if all provisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment will allow for the development of multiple r}pes o1'residential and commercial uses which will contribute to the range of housing opportunities available within the City and more employment opportunities in the Ten Mile Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed Use Commercial designation gl'the Ten Mile Interchange Specific Area Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Page 35 Page 210 Item#9. Cointnission_inds the proposed zoning nnrp amendment should trot be detritnental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to,school districts; and Co►nmission finds the proposed zoning tamp amendment will not result in an adverse inipac-t an the delivery of services by un}y political subdivision providing public services within the City. 5. The annexation (as applicable)is in the best interest of city. Cominission finds the proposed anne-xalion as in the best interest of'the CitiF per the Analysis it;Section V and the DA provisions contained herein. Page 36 Page 211 Item#9. EXHIBIT C Development Plan THE GATEWAY AT 10 MILE -:�JII13131111111l111111111111FIIIIIIItllflllllll111l11111111lIIIIIII1111 RAILROAD RIGHT OF WAY j— C-C R-40�1 RAILROADRIGHTOTWAY -- .=.�,'L`.�.i�*��:�_.>_�. '!—___ —'�.�er--•,AIR'-:.sl-•.�_. OPEN AREA 4STORY APARTMENTS j Wl ELEVAIOR EXECUTIVE MULTI-STORY APARTMENTS -------------- -r secrlDn 1 _ ' -- - - -- ,� V cl .._ .._ = - k'STORY�PA13fKghYfS :LL Vfl ELEVATOR EXECUTIVE �'^' -m ... - •! APARTMENTS ,rJ - .I PIAZAA I r OPEN AAEA STREET EXECUTIVE —"'�-"Y-----`---------� I +! — 41TORY APARTMENTS !PATHWAY W/ELEVATOR APARTMENTS S - �.-�`—-r\ n TYPICAL[ � __ I^L e STORY rp --- W rowneoMEs �fi ,yi `\ 33 iSl_:Ii% 35TORY ' 35TOPY I WITH GARAGE IT ..I L J L..'ry oN KITTTOM R-40 CG SECTION �• `3'/. ? .:�. IYCLTI-STORY - I it PLA2A A 0 PRIVATE STREEV 1141CAq I -` ACRC Hill 1 5TCRY 1 STORY NOT PART F P 1 1 I I'llA PUS5ISL5 RCM PT II PONORELOCATION FRAM KLI N ROAD [PRINCIPAL AHrERIAV SM AMA CAECULATIGWA 4-STORY APARTMENTS:576.309 5F 113.23 ACRES! 3-STORYTOWNHOMES:133,301 SF{3.06ACRESI -COMMERCIAL/OFFICE W,43E15F{22.67ACRES] DEVELOPMENT PLAN Page 212 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Second Addendum to the Development Agreement Between the City of Meridian and Dr. Matthew Tuft (Owner/Developer) for Cornerstone Dental MDA (H-2021-0009), Located at 3250 N. Leslie Way Page 213 ADA COUNTY RECORDER Phil McGrane 2021-082766 BOISEIDAHO Pgs=12 NIKOLA OLSON 05/26/2021 12:27 PM CITY OF MERIDIAN, IDAHO NO FEE SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dr. Matthew Tuft, Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 25th day of MAY 1 2021, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Dr. Matthew Tuft, ("OWNER/DEVELOPER")whose address is 3200 N. Leslie Way, Suite 100, Meridian, ID 8364. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded May 23, 2003 as Instrument # 103085229 (Parkstone Subdivision DA) in Ada County Reports and an Addendum recorded March 30, 2006 in Ada County Records as Instrument No. 106048480(Champion Park Subdivision First Addendum)to remove the provision requiring all future uses to obtain a Conditional Use Permit. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit "A". B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement and First Addendum to Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the First Addendum to Development recorded as Instrument# 106048480, except as specifically amended as follows: That Section 6.A.2 of the Development Agreement recorded May 23, 2003 as Instrument# 103085229 in Ada County Records that reads "All future commercial uses shall obtain detailed conditional use permits prior to development. The conditional use permits will place limits of'the ours of'operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12.21.15 or final plat approval of all phases" shall be deleted entirely. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0009—Champion Park Subdivision-MDA Page 1 of 3 Item#10. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0009—Champion Park Subdivision-MDA Page 2 of 3 page 215 Item#10. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: r. Matthew Tuft CITY OF MERIDIAN Attest: Mayor Robert E. Simison 5-25-2021 Chris Johnson, City Clerk 5-25-2021 STATE OF IDAHO ) )ss. County of Ada ) On this Z-4" day of A 1 ,n 1 ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared Dr.Matthew Tuft known or identified to me to be the person who executed the instrument above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. mPublic otary Public for I o [: Notary Residing at: 3339 E <rp My commission expires: 04 1 OT 1ZCZ"-1. STATE OF IDAHO ) ss County of Ada ) On this 25th day of May 1202 1,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-22-2022 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0009—Champion Park Subdivision-MDA Page 3 of 3 page 216 EXHIBIT A Item#10. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VE Nty AND DECISION& ORDER In the Matter of the Request for a Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement(Inst.#106048480)to remove the provision requiring all future uses to obtain a Conditional Use Permit, by Jessica Petty, 12.15 Design, Applicant Representative. Case No(s). H-2021-0009 For the City Council Hearing Date of: March 23, 2021 (Findings on April 6, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 23,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 23, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 23, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 23,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009) - 1 Page 217 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 23,2021,incorporated by reference. The conditions are concluded to be 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 23, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-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 I 1-613-713). 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 I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 1 I-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009) -2- Page 218 Item#10. 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 March 23,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009) -3- Page 219 Item#10. By action of the City Council at its regular meeting held on the 6th day of April 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 Attest: Chris Johnson City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 4-6-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CORNERSTONE DENTAL MDA—FILE#H-2021-0009) -4- Page 220 Item#10. Exhibit A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 3/23/2021 Legend TJR`-15 ql DATE: Project Location C"C 0 _ C�1 TO: Mayor&City Council a R-4 E NAKANO D 3 FROAM: Joseph Dodson,Associate Planner E VAN 4' -' z o 208-884-5533 OKERST R-8 M Le _ �- X z z SUBJECT: H-2021-0009 ��; ��I ;p U C-G Z Cornerstone Dental MDA -RUT-E-USTICK RD ` LOCATION: The site is located at 3250 N. Leslie R-15 R1J R-15 R1 R-2 Way, in the SW 1/4 of the SE 1/4 of R.8Lu Section 32, Township 4N., Range IE. 53 -2 z R-8 a s Z z R-1 R W 3 R-4 R-2 z z ` RUT RI R1 R1 R-20, Ail I. PROJECT DESCRIPTION Development Agreement Modification to amend the first addendum of the Champion Park Addition Development Agreement(Inst. #106048480)to remove the provision requiring all future uses to obtain a Conditional Use Permit,by 12.15 Design. II. SUMMARY OF REPORT A. Applicant: Jessica Petty, 12.15 Design-6584 E.Playwright Drive, Boise, ID 83716 B. Owner: Dr. Matthew Tuft, Copperstone Dental-3200 N. Leslie Way, Ste. 100,Meridian, ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the first addendum of the Champion Park Addition Development Agreement (Inst. #106048480) to remove an existing provision of the original agreement (Inst. #103085229) attached to the addendum as Exhibit B. The existing provision of the original Development Agreement(DA)is still valid because it is attached to the amended one as an exhibit.The existing provision requires that all future commercial uses obtain a Conditional Use Permit(CUP). The subject site is the last remaining undeveloped commercial property within the Champion Park Subdivision. The property is zoned C-N (Neighborhood Business District) and the proposed use is a new two tenant commercial building with the main user being a dentist office. The proposed use of a Page 1 Page 221 Item#10. Exhibit A dental office is a principally permitted use under current development code within the C-N zoning district.Because this is the last remaining undeveloped lot,the Applicant is choosing to amend the DA and remove the provision instead of obtaining a CUP as it will no longer be a necessary provision with the entire development being developed following construction of the new building. The existing DA provision specifically points out limiting hours of operation as the reasoning for requiring a CUP.Current development code limits the hours of operation within the C-N zoning district to the hours of 6:OOAM to 10:00PM. Staff finds the already limited hours of operation of the zone in conjunction with the location of the site to be sufficient for future development and provide adequate evidence to remove the existing provision. Therefore, staff recommends the development agreement modification with the recommended change in Exhibit A below. The applicant has submitted a site plan that is from their Certificate of Zoning Compliance application that is ready to be approved by Staff should Council approve this modification to the DA. The site plan is site specific so it should not be part of the DA that encompasses the overall and much larger development. The site plan depicts adequate parking, drive aisles widths, and landscaping to be approved. The elevations show a standard office building seen here in Meridian with earth tone colors, a pitched roof with dormers, stucco walls, and stone accents. In addition to the request for the DA Modification, the Applicant is requesting a Council Waiver to reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match the existing buffer along the east boundary and adjacent to the existing office building to the south.The property to the east of the site is a multi-family development and there are approximately two structures directly abutting the subject site. The reason for the waiver request is to accommodate a wide enough drive aisle that allows two-way traffic and can meet the required fire access radii.Furthermore,there is only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires the reduced buffer. The Applicant is showing more than the required buffer width of landscaping beyond this area. For these reasons, Staff supports their request and does not see the change in buffer width as becoming detrimental to the adjacent development to the east. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #106048480) as recommended by Staff's analysis above and with the specific change below. B. .The Meridian City Council heard these items on March 23,2021.At the public hearing,the Council moved to approve the subject Development Agreement Modification and Council Waiver requests. l. Summary of the City Council public hearing: a. In favor: Jessica Petty.Applicant Representative b. In opposition: None C. Commenting: Jessica Petty. d. Written testimony:None e. Staff presenting application: Joseph Dodson, Current Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. The ramifications of removing this DA provision: b. Does this modification remove the requirement for any future Conditional Use Permit?—No: future uses shall comply with the underlyingzoning oning and development code,including any need for a conditional use permit. Page 2 Page 222 Item#10. Exhibit A 4. City Council change(s)to Commission recommendation: a. None V. EXHIBITS A. Development Agreement Provision#6.A.2 from the original DA(Inst. #103085229)attached to the amended DA(Inst. #106048480) as"Exhibit B": Existing: "All future commercial uses shall obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes(not to exceed 150 head of cattle)until 12/21/05 or final plat approval of all phases." Staffs Recommended Change: Strike the condition-"All fulu e eowmer-eial uses shall obtain detailed e0fiditiefial use o,. :�� prior-to development. The eenditional use permits will plaee limits on the houfs of operation of the eemmer-eial uses. Owner-sha4l be a4lewed eot4ii+ued use of the land for-agr-ieuUufa4 an livestoek purposes(not to exeeed 150 head of ea#le)ufftil 12/2 1,105 or-final pla4 approval of a14 Page 3 Page 223 Item#10. Exhibit A B. Existing DA Provisions from original DA noted as Exhibit B in addendum: AhMY6M[QN AND ZONING CONIDTIQ?4 Q e;E'-Q-Y L I. Ranovrmyr isti4dOmensricwcllsan.dfor *cayxWm9vrithinthispt en �Eim thcar dunmstic seaviM Pct City OTdMame Section 5-7-517.when s viccs are av2R'ble hom the City of Meridian. 6.6 may be usod for n-tioinestic purposes such as landscWe irhg iliia& The Nvis horns (2740 Ustick) shall connect to City services W hM the pbwof t ho p ropo i s ubdi vision t hat includts the house is eubmittcd for fnW plaL 2, All fug commercial rcial usra shall obtmat de#a led coaditiaaal use Vemnits prior DEVELOPMEW A RFIP-MEls'T(AZ-42-G33) ?AGE 4 of 23 to d el nt. T he c OB"0 nal u Se P ermits will p lace !imits,o o r he It cum o f OPcretiott 0 f the cord ial uws. NmcT"I ba allowed con-unued use of the led for agricu;toral aEd live exck garposes (root to exceed 1 I'} h"d of eattle) until IV21/05 or final plat approval of all phases- Page 4 Page 224 Item#10. Exhibit A C. CZC Site Plan(reference only): ------------ .. � •.,I ..J r .a I J-- f 'FI I•r l l� +' � o.wla •.aoir le.11 I I , I I „`.r •7i..• gH *--------------------- ;+. --- --- --- --- - - --- -------- ---- Page 5 Page 225 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Mayor's Office: Neighborhood Grants Program Discussion Page 226 Item#12. E IDIAN�- Mayor Robert E. Simison City Council Members: Treg Bernt Brad Hoaglun D A H O Joe Borton Jessica Perreault Luke Cavener Liz Strader 5/19/21 MEMORANDUM TO: Mayor Robert E. Simison& City Council FROM: Jodi St-Martin RE: Neighborhood Grants Program Overview Implementation of a Neighborhood Grant Program (NGP) is modeled off of the current Participatory Based Budgeting concept and proposes to expand citizen input to develop projects that highlight neighborhood identity and pride and further Meridian's vision to be a"premier community in which to live, work and raise a family." This program will create paths for long-term civic engagement by community members,build stronger relationships between elected officials, city staff, the community and other agencies, and to inspire projects that leave lasting impacts across Meridian's community. After executing several previous Participatory Budgeting projects both through the Mayor's Youth Advisory Council and the Mayor's Senior Advisory Board, and interviewing eleven different cities,both in the United States and Canada, the NGP is a recommended program improvement to help the increase exposure of the City budgeting process to the general public, and improve partnerships between the City and community. As proposed, the NGP would invite HOA Board Members, Youth Representatives, area Business Owners, etc. to develop, seek approval and implement projects located on public property for the benefit of the entire community. A mandatory workshop to explain the program and processes for application, project management, and recording would take place prior to application periods. The attendees would then form committees (or work as an individual) to work with the Project Manager in assisting with estimating costs, feasibility, etc. Project Manager and groups would vet proposed projects before setting out to a vote by City Council. Page 227 Mayor's Office . 33 E.Broadway Avenue,Meridian,ID 83642 Phone 208-888-4433 . Fax 208-884-8119 . www.meridiancity.org Item#12. Council,NGP] Page 2 Requirements for Individuals and/or Committees: Any improvements or resources funded through this program must be located on public property and freely accessible to all residents. Workshops: A workshop webinar will be held each fall to share informational updates about the program, application timelines, eligible expenses, reimbursement processes and reporting requirements. All successful applicants will be responsible for complying with all program rules and requirements. Budgets: All applications must include a detailed budget, including line item expenses. Quotes shall be obtained for any professional services or expenses outlined in the application. Funding: All funds will be provided on a reimbursement basis. Appropriate receipts and documentation shall be submitted to the Project Manager and projects will only be reimbursed upon completion and all expenses are validated and verified. The program is intended to run annually and all projects approved must be completed within the City's fiscal year. An outline of the program is listed here: • Summer launch—possibly at NNO events (August) • Mandatory workshop (September,post City fiscal budget approval) • Committees form and/or individuals will work with Project Manager(October& November) • City Council to approve projects (Fall/Winter) • Projects must be completed within the FY budget year, or on a specific date TBD in September- • Final reporting due in September. Final reporting must include: photos of project, receipts and invoices paid, list of project members, log of project activity including milestone approvals by project manager. NGP Budget: $50,000 budget in year one for up to two projects with a maximum of$25,000 per project available. The program budget is expected to grow each year presuming successful execution in prior years and community support for projects that connect the community. *What dollar amount is the Council comfortable with as the program expands? Example Projects: Through research, similar programs have implemented various projects including playground and equipment installations, picnic shelters, walking paths, community gardens, signage and flags, public art, community history reports, traffic/utility box wraps, and gathering places like chess table areas, fishing docks and memorial gardens. Page 228 E IDIANI-1-7-1 IDAHO _ y • rho C; raAM Pro IF Al �1 �• r + ti i ,�z ' i ! , • , /ram t f 'l �1 f TIE ' E_ d. Prepared by Jodi St-Martin `•4 w " � � " �` � �'� _ R• i f e +i r� ,• �'. ± I y � V• ■ / .Ly Item#12. � � + , • �, ■ . •a �' y 4 • � �.. yes"'•. - . � • /r/'" - �e INTRODUCTI � The vision of the Neighborhood Grant Program is to create a .. ..�. n, • community where citizens input is valued and is measurable with projects that keep true to Meridian's vision to be a premier community in which to live, work and raise a .famil " The Neighborhood Grant Program will increase civic . • .f Y g g 77i a en ement build stronger relationships, and ins - engagement, s g p � ire projects P• - - all with the opportunity to decide how to spend public funds to enrich the lives of all who live work and play in Meridian. • milk _ r �•� • •� Engagement Increase CIVIC En a . : . • ,•• .� . e g g Build Stronger RELATIONSHIPS INSPIRE Projects Ab 4 n '. ' .. •' it � �'.�•� V~r••'. --.: ��.;;:�'�'%x. Page 231 ' - • ', .. . � d.�,y' .tea - f �4. f 1 t i C I S U R V E Y S( -Aw 0 What did they do? RL maw,7 LL LOCATION POPULATION BUDGET APPLICATION PUBLIC ACCESS Sequim, WA 7500 $150,000 NO YES Wickenburg, AZ 8,000 $65,000 YES YES Merced, CA 83,000 $160,000 - YES Forest Hills Gardens, NY 87,000 $1 million YES YES Victoria, BC 931000 $521000 YES YES Cambridge, MA 119,000 $1 million NO YES Lansing, MI 120,000 $80,000 YES YES Boise, ID 230,000 $8081000 YES YES Greensboro, NC 3001000 $5001000 YES YES Page 232 Item ate. EXAMPLE PROGRAM TIMELINE Final Reports Projects Complete (Sept) Projects Start VOTING (Nov) Mandatory Workshop & Application Registration Committees form and work with Project Managers (Sept-Oct) Neighborhood Grant LAUNCH (Summer - Possible August at NNO) Page 233 1 Mw -------------- NEIGHBORHOOD GRANTS 11 �� ll-A k 1�. L k : A, a I 1 �1 Item#12. APPLICATION PROCESS 0 1 Workshop & Register to Apply Form Committees & Work with Project Managers Vetting Projects (Project Manager) Page 235 Item#12. VOTING CITY COUNCIL This will alleviate a popularity contest within the community , or a committee that has more engaged followers . T } Page 236 Item#12. PROJECT REQUIREMENTS Neighborhoods/HOAs Projects will be located Approved projects will be Projects must be Churches on public property managed by Individuals or completed within the Businesses Committees and must FY budget Schools report on the progress to and Special Interest Groups (Youth/Seniors) their Project Manager Final Reporting due (City staff) (Sept) Page 237 Item#12. YEARLY FUNDING NEEDS 2 PROJECTS $ 2590001' First Year Total Neighborhood Grants Page 238