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2021-06-08 Work Session/ Regular CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, June 08, 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/89701111694 Or join by phone: 1-669-900-6833 Webinar ID: 897 0111 1694 ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Treg Bernt ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the May 25, 2021 City Council Work Session 2. Approve Minutes of the May 25, 2021 City Council Regular Meeting 3. Approve Minutes of the May 26, 2021 City Council Special Meeting 4. Approve Minutes of the May 27, 2021 Emergency Meeting 5. Movado No. 9 Subdivision Sanitary Sewer Easement No. 1 6. Final Order 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 7. Findings of Fact, Conclusions of Law for 3175 N. Ten Mile (H-2020-0122) by Mason & Associates, Located at 3175 N. Ten Mile Rd. 8. Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2020- 0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. 9. Findings of Fact, Conclusions of Law for Foxcroft Subdivision (H-2020-0113) by Gem State Planning, LLC, Located Directly West of Ten Mile Road, on Both Sides of the Proposed Pine Avenue Extension and East of the Tenmile Creek 10. Findings of Fact, Conclusions of Law for Gramercy Commons (H-2021-0022) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. 11. Development Agreement Between the City of Meridian and SCS Brighton, LLC; SCS Brighton II, LLC; DWT Investments, LLC; SCS Investments, LLC; SCS TM Creek, LLC; Brighton Land Holdings, LLC (Owners) and Ten Mile Crossing, Inc. (Developer) for Ten Mile Crossing (H-2020-0074), Generally Located East of S. Ten Mile Rd. and South of W. Franklin Rd. 12. Professional Services Agreement Between the City of Meridian and Amplified Production Group for Sound Production at Concerts on Broadway 13. Professional Services Agreements Between the City of Meridian and High Street Entertainment, LLC and Kings of Swing ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 14. Fire Department: Check presentation from Light My Fire, Inc. to Meridian Fire Department Public Education Division 15. Fire Department: Community Risk Reduction Presentation 16. Community Development Presentation: Land Use Entitlement Analysis, 2018-2020 17. Community Development Department: Fiscal Year 2021 Budget Amendment in the Amount of $37,700.00 for Professional Services Related to the Creation of the Linder Urban Renewal District Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Abstaining: Councilman Borton 18. Community Development Department: Memorandum of Agreement and Amended Memorandum of Agreement Between the City of Meridian and Meridian Development Corporation for Cost Sharing for Urban Renewal District Creation Approved by separate motions Motion to approve the Memorandum of Agreement made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Abstaining: Councilman Borton Motion to approve the Amended Memorandum of Agreement made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener Voting Abstaining: Councilman Borton 19. Parks and Recreation Department: Lakeview Golf Club Operations Update and Fiscal Year 2022 Budget Discussion 20. Mayor's Office: Strategic Plan Update ORDINANCES \[Action Item\] 21. Ordinance No. 21-1930: An Ordinance (H-2020-0074 TM Crossing) for a Rezone of Parcels of Land Situated in a Portion of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of as Follows: 40.98 Acres from the R-40 and C-C Zoning Districts to the C-G Zoning District; 3.9 Acres from the TN-C and C-G Zoning Districts to R-40 Zoning District; 0.65 Acres from the R-8 and TN-C Zoning Districts to the C-G Zoning District; and 0.53 Acres from the TN-C Zoning District to the C-G Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 22. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener In to executive session: 6:33 pm Out of executive session: 7:44 pm ADJOURNMENT 7:44 pm Item#1. Meridian City Council Work Session June 8, 2021. A Meeting of the Meridian City Council was called to order at 4:33 p.m., Tuesday, June 8, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Liz Strader, Jessica Perreault, and Brad Hoaglun. Members Absent: Treg Bernt. Also present: Chris Johnson, Bill Nary, Cameron Arial, Dave Miles, Brian McClure, Lila Klopfenstein, Jamie Leslie, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is June 8, 2021, at 4:33 p.m. We will begin this afternoon's City Council Workshop Session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the May 25, 2021 City Council Work Session Page 4 Meridian City Council Work Session Item#1. June 8,2021 Page 2 of 38 2. Approve Minutes of the May 25, 2021 City Council Regular Meeting 3. Approve Minutes of the May 26, 2021 City Council Special Meeting 4. Approve Minutes of the May 27, 2021 Emergency Meeting 5. Movado No. 9 Subdivision Sanitary Sewer Easement No. 1 6. Final Order 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 7. Findings of Fact, Conclusions of Law for 3175 N. Ten Mile (H-2020- 0122) by Mason & Associates, Located at 3175 N. Ten Mile Rd. 8. Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2020-0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. 9. Findings of Fact, Conclusions of Law for Foxcroft Subdivision (H- 2020-0113) by Gem State Planning, LLC, Located Directly West of Ten Mile Road, on Both Sides of the Proposed Pine Avenue Extension and East of the Tenmile Creek 10. Findings of Fact, Conclusions of Law for Gramercy Commons (H- 2021-0022) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. 11. Development Agreement Between the City of Meridian and SCS Brighton, LLC; SCS Brighton II, LLC; DWT Investments, LLC; SCS Investments, LLC; SCS TM Creek, LLC; Brighton Land Holdings, LLC (Owners) and Ten Mile Crossing, Inc. (Developer)for Ten Mile Crossing (H-2020-0074), Generally Located East of S. Ten Mile Rd. and South of W. Franklin Rd. 12. Professional Services Agreement Between the City of Meridian and Amplified Production Group for Sound Production at Concerts on Broadway 13. Professional Services Agreements Between the City of Meridian and High Street Entertainment, LLC and Kings of Swing Simison: Next item is the Consent Agenda. Hoaglun: Mr. Mayor? Page 5 Meridian City Council Work Session Item#1. June 8,2021 Page 3 of 38 Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move to approve the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 14. Fire Department: Check presentation from Light My Fire, Inc. to Meridian Fire Department Public Education Division Simison: So, we will move on to Department/Commission Reports. The first item up is Item 14, Fire Department, check presentation from Light My Fire, to the Meridian Fire Department Public Education Division and I will turn this over to Pam. Orr: Mr. Mayor, Members of the Council, thank you so much for having us tonight and it is really my great pleasure. Many of you have gone through a check presentation with us before in the -- in the past and, once again, this year we get to get another check presentation from this great group of Light My Fire folks and I'm -- I -- there are quite a few of them in the audience tonight. If you don't mind I would just like to be able to say their names and just thank them personally for this. So, we have Andrea from Belfor and Mary from Disaster Kleenup. She will be the one that's actually presenting. Bob from Ricketts -- Ricketts and Associates. Logan from CTR and Chris from Complete Restorations. Thank you all so much for all that you do for us. There are many, many, many more members that are a part of this group, but right now we would like to ask Mary from Disaster Kleenup to come up. She is the president of our group, she keeps us going, and she runs our dinner banquet. You know that we didn't have one probably -- you probably know this. We weren't able to do this in 2021, unfortunately, because of COVID, but we were able to get 2020 in just before COVID started and so that's what this check presentation is from. We do have 2022 booked, however, and that's going to be February 11th of next year and so we are super excited for that. So, let me turn this over to Mary. Simison: Welcome, Mary. Cahoon: I'm having my Vanna Whites come up with me as well with the big fat Page 6 Meridian City Council Work Session Item#1. June 8,2021 Page 4 of 38 presentational check. Yes. It is such a huge honor and a privilege for us to be here today to give you guys some money for something that's really important in the community. Fire victims who are running out of the house and maybe they have -- you know, they have their slippers on or not and -- so it's a wonderful thing for us to be able to do that and the other thing is that that fire prevention safety and education is huge and these two players over here are pretty amazing at what they do and -- anyway, last year we didn't do it because of COVID, but the prior year we were able to raise and be able to donate to both you and Boise fire a total of 57,000 dollars and this is the 27th that -- we have done it for 27 years and Bob's been here since the very beginning and so since that point in time over half a million dollars has been raised and donated. So, with the money that we are going to be able to donate this year, it's 557,000 dollars, which is a huge accomplishment and keeping a committee together and it rolling for years -- 27 years is a big deal, too, so -- all right. So, the dollars donated are a 60/40 split between Boise and Meridian and so Boise will receive a total of 32,400 dollars and today we have 21 ,605 dollars. I always get really nervous at these things. So -- dinero. And so the first check I have is for Chief Blume and it's 12,000 dollars. The beautiful thing about that 12,000 dollars, it's automatically going to be doubled, but I think that there is more money, right, Pam? Orr: The match? Cahoon: The match. Okay. Well, this -- so, this becomes 24,000 dollars; right? Immediately. Which is fantastic. The other money is for the union and if you can come up for the burnout fund. So, they are able to give money to people that are running out of the house, they don't have a place to stay, they may have medicine or not, and so immediately they have funds available for them and we have 9,600 dollars. The other thing that we have here -- we had a special opportunity to raise some money at our Light My Fire and this is for the First Responder Coalition and this is the seed money to help them get started, so that our -- our first responders, who go through so many different things in their career in their lifetime, sometimes you need a little extra help with something out there to come together and help them through a challenging time. So, I want to ask Chris Verkerk to come up. And for you, Chris, we have 3,000 dollars. So, to close out, we are going to have a fun time February the 11th, 2022, and we want you guys to be able to come out and celebrate with us, because we are going to be able to get back together again and we haven't come up with any type of theme yet, but we have done pirates and gypsies, we have done fiesta, we have done hippy themes. So, if anybody has a great idea, cast it out, because we are going to make it happen and that's a save the date. Mark your calendar. Thank you. Orr: Thank you very much. 15. Fire Department: Community Risk Reduction Presentation Simison: Thank you. Truly appreciate all that the Light My Fire does for our community. It's amazing. So, thank you again. So, next up is the community risk reduction presentation. Herb, the time is yours. Page 7 Meridian City Council Work Session Item#1. June 8,2021 Page 5 of 38 Griffin: Mr. Mayor, Council Members, thank you for your attention for letting us be here tonight. My name is Herb Griffin, I'm with the Public Education Division of the Fire Department and it's my pleasure today to present you with an overview of a new document that we have created and finally gotten completed and that is the Community Risk Assessment Report. So, this was a project we did during COVID and we were trying to get it out at the end of the year. With the change in leadership we held off on it. Once Chief Blume came on board we were able to get it completed and get it out to you and so today I'm going to give you the kind of high flyover overview of what this document is and what it's about. This is strictly from a Fire Department viewpoint, because it's all based on data that we have used and for the cause that we are going. So, it's not a whole city, but, eventually, we will have to get there and work with other departments and see what other needs that we are missing that are happening within the city when we look at risk assessment. Technology starts to fail us. Ah, there we go. So, the purpose of this document is to identify areas where we as a fire department and as a city can better reduce risk for our citizens. We have completed this assessment using our response data from 2016 to 2020 and there is a quote from Vision 2020, which is a subdivision of the National Fire Protection Administration, it says that the fire service exists not only to respond to emergency incidents, but also to proactively prevent or mitigate the impact of certain incidents within their communities and so this is us trying to look forward and be proactive, as opposed to reactive, and as the emergency services in the United States we are really reactive agencies. Somebody has an emergency they call 911 and we go. This is us trying to get out in front of it and being proactive with some of the things that we see on a regular basis and starting to identify those. The goal of this document is basically to be a stepping stone document from which we can build a comprehensive community risk plan. This will be in step with our strategic and capital improvement plans and we will be working together -- there are other documents and I know the chief has expressed the goal for eventually working towards accreditation. This will be one of the documents that will be used in that process. Basically this assessment is broken down into seven areas and, basically, we are telling the story of Meridian, Ohio. So, we are talking about the area, the people, the city itself and the fire department. Johnson: Just click anywhere on the screen to get that pop up off of there. I mean with your mouse. Griffin: Okay. There we go. Okay. So, we have a breakdown of community information. Basically it tells the city's story, where we are located, who we are. It's very basic. It talks about our geography and climate. What kind of municipal organization we have. What services we provide. A little bit about our history. Some of our demographic profile and our housing and zoning. The next section is on the fire department and, again, it's just a basic description of who we are as the fire department here in Meridian. What services we currently provide to our citizens. What our budget is and what our service demand is. We get into specific fire department information and this is information that we have pulled from the data over the last five years. It tells what types of incidents we are going to, where those incidents are happening within our jurisdiction, and we have a further breakdown within that section talking specifically about fire and emergency medical services, because those are the two big ones. You know, fire is the big one everyone Page 8 Meridian City Council Work Session Item#1. June 8,2021 Page 6 of 38 knows about and EMS is the one that we do the most of. So, those are important to kind of break down those different types of incidents, so that we have an understanding of what types of calls we are going to and where we can put future preventative education and equipment and things like that, so that we can go through there. We have some hazards or some issues that we have already identified. These are items that we are currently working on and we have -- we have been working on for some time. Some of them are older, some of them are very new, but one of them is our smoke alarm program. We have a very robust smoke alarm program here in the city. We provide batteries, smoke alarms, we change batteries in smoke alarms for citizens within our community and there is a big need for this in our community, especially with our older adults and they really appreciate this -- this service. I go out four or five times a day to these types of calls and they are always so appreciative of the fact that we come out to them and take care of this and it's a no cost service to them. They are very happy with that. We talked about older adults safety. Slip and fall, things like that. Educational programs that we are trying to get involved in and get started and working with the Senior Advisory Committee and the senior center on trying to make sure that we are providing these things. What we found in our research over time is when a senior gets injured that's when they lose -- when they lose their mobility, that's when they lose their independence and so it's really important that we teach them how to stay healthy, how to stay limber, how to stay independent as long as possible. We have our building inspection program. This is where our inspect -- fire inspectors go out and inspect the buildings that the public is in every day. When you walk into a building in the City of Meridian the expectation of the public is that building is safe. Our inspectors job is to make sure that building is safe, so that, you know, people in there will be able to get out. Again, a lot of -- a lot of history for the fire service is built on something bad happened in the past and so now we need to set codes and ordinances and make -- make it better, so we won't have it happen again and, then, we briefly talked about our school safety program. We are part of the Idaho's standard command and response system, along with the Meridian Police Department and several other school districts, other state agencies. Obviously, we -- we tried -- we hope that we are insulated from these things, but recent events that have happened in the state have kind of shown us that even here in Idaho we are not isolated from violence in our schools and so we need to have a good response plan to be able to all be on the same page, all be talking the same language, and we are part of that and we have identified that as an important thing that we have to do within our community. We have identified some natural -- natural hazards that we have here in the state of Idaho and within the Treasure Valley. These include earthquakes, severe weather, wildfires and flooding. Very simple, but just being able to identify that we have these issues and know that we will have to deal with them if -- if something major transpires. We have technological and human hazards that we have identified. Obviously, hazardous materials, utility failure, transportation. We have two airports close by us and we are in the flight paths, so -- I came from San Diego in the late '70s. A PSAjet was flying into the airport there and was struck by a small plane and crashed down in a neighborhood that, you know, thought they would never have to deal with an airline incident, but they had to and so, you know, we have to always kind of be prepared for those type of things. We have a railroad that runs right next to us here at City Hall. It cuts the city in half. If we had an incident with a long train it could seriously impact emergency responses. It will definitely impact traffic and could impact other Page 9 Meridian City Council Work Session Item#1. June 8,2021 Page 7 of 38 services. So, we have to take that into consideration. We have the 1-84 and, then, of course, the State Highways 16, 55, and 20-26 that all run through our jurisdiction. So, all of those things could have events take place that could impact our services, either -- or impact just -- just general happenings within the city. When we have security hazards, obviously, civil disorder or terrorism -- we are right next door to the state capitol, the possibility of this incident spilling over into our city exists. Most likely what's going to happen is they are going to need our resources, so we have to plan for this, we have to be ready for it and we have to have an idea that if this happens what are we going to do and that's why this was identified. The final section is conclusions and recommendations. This is an area where based on the data shown within the document we feel that improvements can be made or we want to continue to work on things that we already have in place to help reduce the further risk to our citizens. There are a couple of specific ones that we would like to kind of point out to you. You will probably be hearing about some of these later on as -- as the administrative team kind of builds what they want to do. With looking at that CIP plan, we are looking at the strategic plan. Some of these might be coming up, so we want to make you aware of them. Number one is hiring a community risk coordinator. That will be an executive position that will be in charge of coordinating all the community risk within the fire department, liaisoning with all other departments within the city and within the county and the state. So, that's a big and important position that they are looking for later on. Obviously, hiring more personnel public education very important. Fire prevention and administration. These are the non- sexy positions. It's very easy to come to you and say, hey, we need a fire engine and we need six -- nine firemen to -- to cover that fire engine, but these are the positions that we can't justify, we can't say, hey, we are not getting there in five minutes and, you know, we are getting this many calls when we don't have enough resources to cover everything. These are the positions that kind of work in the background. They go out in the community and they work in the community. It's very hard for us to say, hey, we prevented this many fires last year or this much dollar loss or saved this many lives, because of our prevention and education programs. It's just very difficult to put a number on those types of things, but it is a valuable resource and they are valuable people that we are going to need in the future and, then, of course, alternative response vehicles. This is -- these are the types of vehicles that we are planning for the future. What -- what do we want our response services to look like. Not everything needs a million dollar fire truck. So, what can we do to provide better services for different types of calls and one of the things that we are looking for in the future and, again, this is just to make you aware that we are thinking about these things and we are looking at them and we are looking at them for the future. There will be some cost with some of these items. Obviously anytime that you have personnel that is increased cost. Anytime you want vehicles they increase costs, but there are sources within the community, public-private partnerships, grants and, of course, there will be times when we will have to come to Council and ask for additional funds. So, just making you aware that these things are out there on the horizon as we are talking about community risk reduction, at least puts it in your head, so that you are not shocked when we show up and ask for something. The final thing is we want to talk about what's next. This community risk document will need to be written. We have already begun gathering data for that document. There are a number of documents -- so, standards of coverage document, the community risk plan, things like that that are already Page 10 Meridian City Council Work Session Item#1. June 8,2021 Page 8 of 38 starting. They are already working on the strategic plan and the administration that will coordinate with the city strategic plan that has already been adopted. So, we are -- we are working to move through all of that. We are looking to hire a consultant to come in and finalize the plan and look for ways to fund the needs of the document, see where we are missing, what we are blind to, so they can kind of see, hey, here is some things that are going on and, then, we are constantly looking for new ways to try and keep our community safe and that was part of the emphasis of getting this started is that we could be more proactive and look out into the future and try and see what our future needs are going to be, so that we can identify them and deal with them before they become response issues. So, at this time Chief Blume and I will be happy to answer any questions that you have. Simison: Thank you, Herb. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Herb. Very interesting presentation and appreciated the report. I thought the wildfire risk section was really pertinent right now, because we have had a lot of development in south Meridian along a ridge where we are taking on wildfire risk in that kind of urban wildland interface I guess is what you guys call it, but was curious if -- if you think we will be doing additional research on that particular risk to help mitigate it? Griffin: That's definitely a risk that we are addressing. One of the -- one of the issues with the growth that we are having, we are pushing into a lot of those urban lands and we are starting to bump into other agencies and so we are losing a lot of that wildland area, but it is still definitely a risk, especially in the southwest corner of the city. So, it's definitely something that we have to address and we need to address what our resources are, what our water resources are down there, you know, what types of fires have we had there in the past, what type of fires could we see in the future as we start putting homes in those areas. What's the -- what's the danger? So, definitely it's something that -- that's on our radar and it's something that we think about and we really started gearing up in the spring to get ready for summer season, because we know that there is a possibility that could happen. Strader: Mr. Mayor, one more. Simison: Council Strader. Cavener: I was also just curious as you envision -- you know, maybe this is also a question for Chief Blume, but as you are envisioning this kind of risk coordinator position or enhancement to that role, how -- how would that -- how would the future reports interface with other departments in the city? That's something I would be curious about. If you ask Public Works what are the greatest risks from their perspective, they have a whole set of them. Police probably have their whole set of risks. I was just curious how Page 11 Meridian City Council Work Session Item#1. June 8,2021 Page 9 of 38 you might coordinate with those different -- Griffin: One of the -- one of the best ways to -- to work inter-city from department to department is to get representatives that have authority to make decisions for their department and get them together and start working on -- on identifying things, because we will -- you know, you can lay out, hey, here are some things that we see that are going on. Police will come in and, hey, these are some things we see that are going on. You start laying those over each other and, then, you will be able to start talking about them. How do we address this. You know, what does it need to address this and we just continue to -- to work in that way and it has to be a collective -- collective effort. We have to collaborate together, because it's important that we as a city do this, because it affects us as a city, it's not just the Fire Department. You know, it doesn't mean we are starting to lean on it, but it -- but it's something that we are doing now, because we have identified this as a need for us and we believe it's something that should go out to the rest of the city at some point and probably with the community plan. Chief, am I correct? Yeah. We would --we would be working towards meeting with the other city departments and finding out what they have going on also and working together with that. Strader: Makes a lot of sense. Thank you. Griffin: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Herb, first off, the report is great. Griffin: Thank you. Cavener: There is a lot of meat on the bones there. I feel like we could have a whole presentation on some of the stuff that's in there. One item that caught my attention was the youth fire setting prevention and intervention program as a service that's offered by Meridian Fire. Griffin: That is correct. Cavener: And you will have to forgive me, that's not -- I'm not aware of that program. was hoping you could just give me a little flavor for what that does and -- Griffin: I'm going to have Pam come up. Pam. I know about it, but Pam really understands it and she can answer that question much better than I can. Orr: So, the youth juvenile -- well, it's a youth fire setter program. You may have remembered the name juvenile fire setter, because that's what we always called it up until probably within the last 18 months and we are moving away from the word juvenile to just Page 12 Meridian City Council Work Session Item#1. June 8,2021 Page 10 of 38 youth, because they are getting younger and younger and -- and we don't want to -- across the board nationally they don't want to think of juvenile delinquents. This is a youth problem; right? So, essentially, what our program is is an education program. So, when we have a child who has started a fire, we work either directly with the parents, we are notified either by parents, we are notified by the responding crews contact us or if they get involved through the police department or through the juvenile justice system, we are contacted and, then, we have a screening tool that we use that is out of the state of Oregon. They have a really robust program out of that through the state fire marshal's office there and so we have adopted that. It's actually been that -- it's actually the Idaho Fire Chiefs Association who has adopted that document and that document allows us to ask a series of questions in a way to help us determine whether or not we have a child here who we think is going to be a repeat offender on the lighting often; right? And we have had those. Or if we have somebody who is genuinely just curious about fire and just simply needs a little bit of education and so after we get through the screening documentation, then, we sit down with the family and with the child itself, there is that educational component. Our Fire Safety Center that Herb and I work out of, it has a burnout room in it. If you have never been there I really want to invite you to come. It's the only facility in this state that has this and it's a room that it is a -- it shows the progression of fire in a bedroom and so we utilize that room to show children what would happen should their room catch on fire. They lose their toys, these kinds of things; right? So, with that, the screening tool, videos that we use and, then, additional education -- prior to any family member leaving us, if they have had a juvenile or a youth who has lit a fire, prior to them leaving us they will have an opportunity to do a home escape plan. They will have an opportunity to understand and get new smoke alarms if their smoke alarms do not operate and they also have -- we have got some automatic door closers that will shut bedroom doors automatically, because just depending on where these children are in the screen, right, there are some that are definitely at a risk and if the family cannot get this child into let's say a live-in facility for additional help, right, we need to ensure that we are doing the best job that we can to ensure that family is safe. So, that's the program. We screen -- I would say--you know, it just-- it fluctuates. It really fluctuates about between ten to 12 children a year. Some years it's been as high as maybe 20, 25. Schools call us. So, we get -- we get calls from all over the place and so that's what the program is. Sorry it took so long. Cavener: No. I appreciate the insight. Orr: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: The portion of the assessment talks about false call times and I'm just curious does the amount of false call times that we see in Meridian, does that fall in line with the national average? And maybe like I -- Page 13 Meridian City Council Work Session Item#1. June 8,2021 Page 11 of 38 Griffin: I don't know. I didn't do that research. Cavener: Okay. Griffin: What -- what -- what caught my attention was the number of calls that -- that we get dispatched to and cancelled because they are either false calls or they are good intent calls, they don't know who else to call, so they call 911 and we come out. So, that's an issue where I see Pam and I are really important and that education on when do you call 911. What is an emergency? Those are things that -- that have caught our attention and as we did the research we identified a few of those things. But, again, this is -- this is part of why this document is so important to get out there, because we are starting to recognize, hey, look, we look at our data, here is some things that are kind of odd. I don't know what the national numbers are on those. I wish I did. But it did catch my attention as I was doing the research and so it is something that I'm sure we will be addressing and looking at ways that we can bring that number down, because when those crews are responding they are no longer available. Cavener: Right. Griffin: So, you know, we want those crews to be available for the true emergencies, so they can deal with those true emergencies and so if we can keep the number of false calls down, we know the wear and tear on the equipment, all that stuff, that would be ideal for us. Cavener: Mr. Mayor, if I may -- Simison: Councilman Cavener. Cavener: I agree with you. I think that there is --there is so many things that are captured in the report that some -- we have some control over and some that we don't have any control over. I think that's a place that we do have some potential control over. Do you know, Herb -- or maybe this is a question for the chief. Did those call times, even if they are a false call, does that still contribute to the average call time for a truck? Griffin: We are still responding to those incidents. All that means is that when -- when the engine got there they were canceled or -- so they still went. They still got dispatched, they still responded and, then, that time is calculated until they go available again. So, whether they are on scene and it's a false call or it's a good intent call, they didn't really need any help, all those things that they -- they still are -- we are still running -- turning wheels and running those crews out and we are keeping track of that time. Simison: Council, any other questions? Okay. Griffin: Thank you so much. 16. Community Development Presentation: Land Use Entitlement Page 14 Meridian City Council Work Session Item#1. June 8,2021 Page 12 of 38 Analysis, 2018-2020 Simison: Next item on the agenda is from our Community Development Department, a presentation on the land use entitlement analysis. I will turn this over to Mr. McClure and I will let you introduce Lila. McClure: Mayor and City Council, thank you for having us here today. I'm joined by Cameron Arial, Tori Cleary, and Lila Klopfenstein. Lila is an exceptionally talented MBA student with Boise State University. She recently helped us do some analysis and entitlements, what are the aggregate decisions -- what are the results of the aggregate decisions we made over the last several years. She will be presenting that to you shortly. But I do want to note that this is part of a larger series of work we have done -- the demographic summary we prepared for you recently, the land use and development report. Those are -- all sort of feed into the vision of sort of where we have been and what we have been doing over the last several years. Before I turn this over to Lila I would just like to note that if you have any questions that require additional research or analysis, we can come back to you with that in the future and that this analysis is for your benefit and there is no specific ask or request here. However, we do think that some of these themes and topics are important and we would like to continue this conversation with you. If you don't have any additional questions for me, then, I will turn this over to Lila. Klopfenstein: Okay. Thanks. Okay. Hi, everyone. So -- yeah. Like Brian said, I have been working as an intern the last semester at City of Meridian, which has been great. It's been all on Zoom and, yeah, so I'm excited to give a presentation on my report today. So, let's just get started. Oh. And so for context, I actually grew up in Meridian, so it's really nice to be able to see things from a planning perspective after, you know, running the streets and, yeah, growing up here. Okay. So, my purpose here today is to first summarize the main points of my report, then, highlight some broad development trends and what I'm trying to give you here is the forest from the trees perspective of what the last three -- three years of development has looked like in the City of Meridian. So, my report covers rezones, conditional use permits, commercial areas and mixed use areas. For the sake of time today I'm only going to be focusing on rezones, conditional use permits and mixed use areas. Throughout the report or the presentation I will be referring to commercial and residential land and when I say commercial I mean general neighborhood community zones, as well as industrial and office zones. Residential means anything that has a house on it. So, anything from the low density R-2 zone to the high density R-40 zone. Okay. So, the first section -- the first of three sections is the rezone section. So, we are looking at rezones over the last three years, 2018 to 2020. So, when you look at net acreage gain and loss through rezones in the last three years, there are three main themes that -- that come to light. The first is that there is an increase in residential density. So, you can see on the left-hand side of the bar chart that R-4 has lost 44 acres over the last three years. On the right-hand side you can see that R-40, R- 8, R-15, all higher density residential zones, have all gained residential -- or gained acreage over the last three years through rezones. So, the second main theme -- trend is that there has been an overall gain in residential land. So, you can see that R-4, R-8 Page 15 Meridian City Council Work Session Item#1. June 8,2021 Page 13 of 38 and R-15 have all gained more -- have exceeded the losses here. So, the loss is 44 and, then, the residential zones have -- have exceeded that. The third trend is that there has been a net loss of commercial land. So, as you can see there has only been eight acres gained of residential land -- or, sorry, commercial land over the last three years, while there has been losses in commercial -- general commercial, industrial, office and community commercial zones. So, the next question in rezones is always -- if you are rezoning land where are you rezoning it to or what are you rezoning it to. So, the graph on the left shows the acreage lost through rezones over the last three years and, then, the table on the right shows zones and where or what zone they are being rezoned to. So, there is two themes I want to point out here. You are seeing commercial be rezoned to residential. So, if you look at C-C, as well as C-G, you are seeing largely that commercial land being rezoned to residential zones. The next thing -- the next thing I want to point out is the industrial zones are often being rezoned to commercial -- general commercial. So, in this case over the last three years all industrial land that was rezoned went to general commercial. So, the two main takeaways that I had after looking at the rezone data from the last three years is, first, that rezones are increasing residential land and density. So, when you calculate net acreage, residential zones gained 61 acres over the last three years. At the same time rezones have reduced commercial land by 61 acres, which is kind of serendipitous that it would be the same acreage, but, yes, that's just the way it worked out. Okay. So, the second section that I will be speaking on today -- our -- is on conditional use permits. So, there have been 52 conditional use permits granted over the last three years. This is a pie chart of CUPs by acreage. So, the three largest CUPs by acreage are, first, schools. So, this includes new schools, as well as school modifications or additions. The next big recipient of CUPs are multi-family developments and, then, third storage facilities. So, in the report I have five major trends that I point out. The first is that four public schools received CUPs. This is kind of expected. The population is growing, there needs to be more schools, so that's not necessarily surprising, but definitely because of the amount of acreage going to schools I wanted to point that out. Second, apartment or multi-family CUPs were mostly approved in residential zones. So, there was only one approved in a commercial zone, which I was not expecting to see. Next there were six daycare CUPs and, like schools, you kind of expect to see that with the growth in population. I just wanted to point that out. And the two I want to talk a little bit more in depth on today is, first, that there was a high number of CUPs in industrial zones and, then, second, there was a high number of storage facility CUPs. So, let's start with storage facilities. Storage facilities received the largest amount of land in commercial zones when you break out commercial CUPs on their own. So, that's what that pie chart shows. They -- so, storage facilities took up 18 acres of commercial land in the last three years. This reflects the larger national trend. Demand for storage facilities is increasing across the nation. Private construction spending on new storage facilities across the nation grew from 241 million in 2011 to nearly five billion in 2018 and following that growth in demand is also regulation. So, a lot of major cities across the nation have put in more regulation, but the one I am pointing out here is New York City, who in 2018 cited a lack of space, displacement of businesses that produced high quality jobs and a negative impact on the aesthetics are why they put stricter regulation on storage facilities being built in industrial areas. We have also seen this -- this growing interest in regulation on storage facilities in the Treasure Valley. In 2019 the Page 16 Meridian City Council Work Session Item#1. June 8,2021 Page 14 of 38 city of Nampa placed a moratorium on new storage unit construction. It was a five month moratorium and the purpose was to update code on what the storage facilities should look like, as well as the approval process on -- on how like city council or planning and zoning commission would be able to approve those new storage facilities. In Meridian there are currently 17 existing storage facilities and four more in construction. In the last three years there has been seven new storage facilities approved through CUPs. One was in a residential zone and six were in commercial zones. So, that 18 acres I talked about a little bit earlier. One of those storage facilities in a commercial zone was -- was approved in a commercial zone set aside for office space. Okay. So, the second trend wanted to -- to talk about today is the high number of CUPs in industrial zones. So, there were two -- there were two gyms that I want to focus on today. Gracie Fighting Academy and Rock and Armor, which were both approved in 2020. They were both approved in industrial areas, as I said before, and when I looked at the industrial area I found that there were already existing recreational facilities. So, in each industrial zone there were already three existing recreational facilities and so these recreational facilities would be the fourth and what that does is it -- it puts a commercial enterprise in an industrial area and, essentially, displaces that industrial business. At the same time it attracts other commercial like enterprises, like other recreational facilities. So -- so that -- that displacement, as well as that attraction of other commercial activities, over time ends up in commercializing the -- the industrial area. The -- the other thing is that there are a lot of secondary impacts to putting commercial properties in, like increased traffic in an industrial zone, as well as limiting the types of heavy industry that are able to go in in a place that has children -- I actually grew up going to a gymnastic studio in that area, so -- so, I definitely know like it's -- it would be uncomfortable for me as a child or a parent bringing a child to an area that has heavy industry happening in the same place. And, then, also just wanted to point out that this trend is also true for churches in industrial areas. Okay. So, the two key takeaways from this conditional use permit section is, first, that conditional use permits have allowed a high number of storage facilities, especially in commercial zones. Second, there has been a high number of CUPs approved in industrial zones and over time that may commercialize the industrial zone. So, the third and last section that I want to focus on -- or I want to talk about today are mixed use areas. Okay. So, the City of Meridian Comprehensive Plan defines mixed use areas as places that residents can live, shop, and work in a close geographic area. As a resident of Meridian I am excited about mixed use areas. I think they are great. I would love to live in one, so -- so, that's kind of the perspective I'm coming at this from. The map on the right shows the future land use map of the city and the brown areas, as well as the diagonal orange crossing lines, are different mixed use areas in the city. So, when I was looking at analyzing mixed use areas in the city I was looking at three main things. First, does the mixed use area provide a family wage job. Can you really work in a mixed use area and support yourself. Second, is there connectivity between different land uses? Are you able to get to your workplace and, then, to your grocery store or your-- you know, your retail shop or -- and, then, also get back home in an easy enough manner. And, then, third, is there a sense of place? Do you want to live there? Is there a sense of community there? Okay. So, this is the forest from the trees part, so bear with me. I will do my best to explain. So, the City of Meridian land use report has a table called fixed -- or, sorry, future mixed use assumptions. So, there are seven different mixed use zones Page 17 Meridian City Council Work Session Item#1. June 8,2021 Page 15 of 38 in the city, as well as Old Town. So, each mixed use zone has this different ideal ratio of residential, office, commercial and civic land. When you add office plus commercial you get the total percentage of non-residential land. So, that's what this table shows. So, for example, mixed use neighborhood, which is the first row, shows 50 -- is ideally going to be 50 percent residential, 30 percent office, ten percent commercial and ten percent civic. The second row, mixed use community, is ideally going to be 35 percent residential, 25 percent office, 30 percent commercial and ten percent civic. So, there is -- there is slight differentiation between each mixed use zone. So, when I tried to bring the data together and analyze this I first took this table and, then, put it into pie chart format, so that's what that center column is -- is that's your north star, that is exactly -- that is the ideal. That's what you are shooting for, the target land use ratio. The bar chart on the left-hand side is the current allocated land in that zone across the city. So, in mixed use community, which I'm using as an example today. The report has all the different mixed use zones there. So, for mixed use community it's 27 percent remain -- it has 27 percent remaining undeveloped land. It is 45 percent nonresidential and 28 percent residential and the -- it's in ballpark range of the target land use ratios from my perspective. The remaining undeveloped land is quite low, so you would expect to see that these totals would --would closer reflect the ideal -- the target land use ratio. When you look at the right-hand column, that's the three year impact trend. So, those are entitlements from 2018 to 2020. So, over the last three years there has been 223 acres entitled in that zone and 43 percent of that was commercial, 47 percent of that was residential and ten percent of that was mixed commercial. So, if you remember here, it -- the -- this table asked to produce a certain percentage of office land in your mixed use area. So, oftentimes in the city commercial office land is mixed, so I called that mixed commercial. So, anything that had some sort of office space for either a small business or a doctor's office, something like that, I put it into that category. So, when I look at this series of graphs what I see is -- is that, you know, the percentage of nonresidential land to residential land is not -- is not very much off the target. However, when you look at what's been entitled in the last three years, your mixed commercial, the places that you really think that your family wage job opportunities are going to come is quite low and if it was low in the last three years, it's likely that there has been some -- that low cases in the last years before the -- before the last three years that I'm analyzing. So, I would look into the percentage of nonresidential land and really understand what kind of commercial opportunities we are providing our residents in these mixed use areas. Okay. Oh. And the other point I wanted to make here is that these kinds of broad scale analyses for mixed use areas are important, because they tell you how close you are getting to the target ratio. However, they are not telling you if residents can live, work, and shop in a close area. So, you can only do that through a case study analysis. So, I looked at two different cases in the city. One on Eagle and Overland and one on Eagle and Ustick. So, the mixed use area on Eagle and Ustick is 42 percent parking and roads and that number is a little bit low, because the Villa Sport and the commercial area that's adjacent to the Villa Sport has not been developed yet, so I wasn't able to calculate the parking spaces in that area. So, it's -- it's really likely half of this mixed use area is parking and the mixed use area is larger than the portion I analyzed. But, again, I was -- I was working with the close geographic area definition. So, I just want to note that. The other thing in this case study that I wanted to note is that commercial services are likely where you are going to find your family wage job Page 18 Meridian City Council Work Session Item#1. June 8,2021 Page 16 of 38 opportunities, but when you compare that to commercial services, as well as the parking, that takes up a large portion of this mixed use area. I think that -- that job opportunity may be lacking in this mixed use area and the parking really breaks up the conductivity. So, it's -- it's difficult for--for residents on a hot summer day to traverse across an asphalt area to get to their shopping destinations. So, those are the kind of two barriers I see in this case study. So, another case study I looked at was Eagle and Overland. So, on Eagle and Overland I really think that this is a well developed mixed use area. There is a lot of exciting developments going in and great job opportunities with Norco and ICCU and other catalyst projects going in and this -- residential percentages are -- is high right now, largely because there is a lot of old farmhouses in that area, so -- so, that may change in the future, so -- because ICCU and Norco are going in there was an opportunity for residential development to go in, too, and I know that there has been a proposal for potentially 360 new apartment units going in off Overland and really well developed. I think that, really, the biggest barrier here to better develop this mixed use area would be -- would be traffic. That it's probably the biggest area to connectivity in this case. So, the key takeaway from this mixed use area -- or all mixed use areas is really that each mixed use area has its own set of challenges to -- in order to get to the goal of living, shopping, and working in a close geographic area. So, I -- the biggest take away from me was that it's always important to contextualize development in mixed use areas, because, again, there -- there are unique challenges to each area. So, I hope that kind of was clear and I will stand for any questions if you have any. Thank you. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Perreault. Welcome back, Council Woman Perreault. Perreault: Thank you very much. Thank you for your presentation. You are a fantastic public speaker. Klopfenstein: Oh, thank you. Perreault: Very much appreciate it. I love -- I love this data. This would be helpful really for every one of our land use applications to have this big picture idea, especially with the mixed use as it relates to the -- you know, the entire geographic location. But one thing I was going to recommend, if-- I don't know if you are continuing work with this project, but one thing that would have been helpful is to see what the percentage of the entire -- so, when you were breaking down where -- you know, what-- what was ideal and, then, what we actually approved as far as industrial, commercial -- not with a mixed use, but -- but the slides before that. What's the percentage of our entire industrial. In other words, we lost so many acres in industrial -- times 61 acres, what -- what -- what percentage is 61 of the entire amount of industrial in the City of Meridian and I think that statistic would also help, so that we -- you know, because, obviously, we are going to -- we have quite a bit more residential, so if we have -- if we lose 150 acres of residential, well, that's a much smaller percentage of our total residential, whereas 61 acres of industrial might be a much Page 19 Meridian City Council Work Session Item#1. June 8,2021 Page 17 of 38 larger percentage of our total industrial. So, that stat would --would be really helpful, too. Klopfenstein: Yeah. Perreault: And -- but thank you very much for doing this. This is -- this is fantastic. It's very -- very insightful. Klopfenstein: Yeah. And to answer your question, I'm not sure if Brian has something that he would like to say, but I want to say that the land use report does have that data in graph format. Yes. Okay. Strader: Council Woman Strader. Strader: Lila, thank you. I was so floored by your report. It was like a bombshell. Honestly. I think it was great. It was very independent and I thought it gave us a really critical look at what we are doing and the decisions that we are making and I think it's an opportunity for us to really like collectively take a look at what can we do to help bolster our family wage job zones and how can we take a look at our storage -- where it's happening. This is amazing and I appreciate all your work on it. I appreciate planning for bringing it forward. But I think it's important for us to all take -- take this to heart and I would love to see some future recommendations to address some of the things that came up in the report. Personally I thought it was very insightful and I appreciate your work on it. Klopfenstein: Thank you so much. Simison: And if I can just piggyback on that, because one of my questions for staff moving forward is are there policy-related decisions that we can make for our residential that would reduce the need for the storage units, you know, as compared to what New York City did with high regulations or Nampa with moratorium, you know, is there something we are missing for our residential component or do people here just have too many motorcycles, boats, ATVs, UTVs that, quite frankly, they are going to use the space no matter how it is provided on their property. That may be unique to Idaho that we can't create properties big -- but that -- that was at least one of my questions from a policy standpoint is can you really address that through our residential standards or not. Maybe not, so -- no -- no -- no question other than thank you and very thought provoking. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I may -- may dovetail on that, because, Lila, the presentation was great that you provided the amount of historical analysis. The case studies I thought were very eye opening. There were some observations made, but it fell short of making recommendations and I'm just curious -- you have got a magic wand, what are the recommendations you would make to us as a result of the data that you so eloquently Page 20 Meridian City Council Work Session Item#1. June 8,2021 Page 18 of 38 shared with us today? Klopfenstein: Oh, that's a good question. So, I -- I, obviously, am very aware that, you know, this is -- this is a three month project for me, so -- so, you know, I may have blind spots, so I wanted to go into it with that -- that understanding. Thankfully the planning staff has been just really incredible and helped me through this process. I think probably first and foremost just -- I think this kind of analysis is really easy to understand as a resident. I mean it's difficult to understand what zones mean and -- and that -- that was a big learning barrier for me in the first month, so -- so, having a little bit more accessibility to the data and, then, continuing the research -- kind of a case study type research I think would be helpful from -- I mean I'm speaking from a resident's point of view right now, but, yeah, that's probably just the main thing I have right now unless -- yeah. So, we will leave it there. Thank you. Simison: Appreciate you being here. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Do you think that we have -- do you think we have data from your work that would help us answer the question as to the mixed use areas? I think that was really insightful what you provided and sometimes what we struggle with in those larger areas -- and your two case studies are good examples of it -- is the sequence at which different land uses come on board and it seems like we might have the data that would help us understand for a larger mixed use community area when we entitle part of it as a certain land use that -- that we could use your expected ratios of the various land uses in the mixed use region as a whole and, for example, if it's a hundred acres and you have entitled 60 acres utilizing this one land use -- or these two land uses, that in order to return back to the ratios that we want for the mixed use region as a whole, the remaining property needs to be more focused on commercial, less residential, somehow utilizing the ratios that you have described, because we really wrestled with that. Folks will come in as the first and, you know, it's a classic residential is the one we see most and they, in essence, kind of gobble up that percentage of expected residential, which sort of hamstrings -- if we are going to be consistent to our ultimate goal -- hamstrings our ability to really treat the remaining portions as mixed use, they are sort of stuck with what's left, so -- Klopfenstein: Yeah. I will say that I tried to take a stab at your question. I was wondering if you had larger developments would they provide more commercial land or at least like a -- more even distribution. I don't think I really got an answer to that. I tried to answer that question and I -- and I can't say I came to any conclusive results. I think there would need to be more data to come to -- to an answer, but -- but I did have the same kind of thought that you did there. Borton: So, if I could real quick follow up on that. Eagle-Overland was a good example where you probably have the data that says in order to return to what we want to be the Page 21 Meridian City Council Work Session Item#1. June 8,2021 Page 19 of 38 distribution of land uses here, the remaining unentitled property needs to be, you know, 70-30 commercial in order to end up at, you know, 40-30 -- the anticipated ultimate ratios. So, to Councilman Cavener's question -- maybe there is some data that can help us when we are considering applications for the remaining acreage. Klopfenstein: Yeah. I will let Brian tackle this question. Borton: Yeah. I think your data gets us there, though. Klopfenstein: Okay. Borton: It does. Klopfenstein: That's good to know. McClure: Mr. Mayor, Councilman Borton, I think Lila has presented an excellent template that the staff can use moving forward for providing a bigger picture snapshot of what you are looking at when you are looking at smaller entitlements within mixed use areas. So, yes, the -- Lila's -- Lila's analysis here was three years, 2018 to 2020, so there is not a lot of time there for the lens of -- some of our mixed use areas have been developing for decades. So, we don't have that for this necessarily city wide analysis, but I think we can look at that in silos for individual areas and mixed use through individual entitlements moving forward. Certainly it's feasible anyways. Borton: Sure. That would be a great tool. Simison: Lila -- and I don't know if -- unless I missed it or didn't understand it, but when we looked at the breakdown percentages that you provided, but when you did -- when you did focus in on those two areas we had parking and street. Is there a reason why that wasn't assigned to the appropriate residential or commercial area, because there is no parking in street that I saw in the -- you know, identified in the previous chart. So, if you reallocated that how would that have changed those numbers? Klopfenstein: Well, when you look at it you can't find that, so what I did is I went through and I clicked and I calculated the -- the area manually, so -- and, again, there is no way to -- like the ICCU Norco property-- or developments that are multi-story. So, I think that's another thing that's not captured when you are just looking at zones, what's commercial, what's not, because those -- those multi-story buildings are going to provide so much more retail opportunities, as well as job opportunities than the single story that you see in the case study one. McClure: Mr. Mayor, just to understate the amount of work that Lila did here, as she says she had to do that -- a lot of that manually. When we do a large entitlement process we typically get -- we will get the number of residential units they want to do, because that's the first thing they are going to do. The commercial layout, the commercial design, all that usually comes later and it just sort of happens through very incremental, much Page 22 Meridian City Council Work Session Item#1. June 8,2021 Page 20 of 38 smaller changes over a longer period of time and so we don't -- we don't collect a lot of that within the development process currently. It was a very manual process that she did to get that information. Simison: I guess my point -- I assume that some of that parking should have been reallocated to a commercial or resident number to bring up those to an appropriate -- because parking is required in your residential, just like your parking is required in your commercial, we don't--we have the -- in the chart we don't say 40 percent of your project should be roads and parking, otherwise, it would skew those. So, again, if we are going to look at it and apply it, either account for that somehow into the residential, commercial, but I completely understand, square footage here versus -- versus vertical impacts everything in what your numbers ultimately are, so -- McClure: I take your point and I -- sorry. Hoaglun: Mr. Mayor? Simison: But for the future if there is value. Councilman Hoaglun. Hoaglun: Yeah, Mr. Mayor. Lila, thanks for your presentation. Very useful and just in kind of an observation, you know, and you gave the example of the CUPs in industrial zones and industrial zones to me are the places where we make stuff. I mean that they are job creators. Can be a little messy, a little out, but you need those areas, because people are creating and it's, you know, a value added to the community and jobs and products and so with those CUPs I was just kind of wondering is -- is that--those facilities are very large and they fit from a structure standpoint in industrial area, but, yet, do we allow them to go there, because while they fit from a look perspective and it might be easier to do it there than if they go into mixed commercial and mixed use, because while they really don't fit the look and feel of those areas, so it's just one of those observations that you go, uh, we will have to kind of watch for that to see if that's part of that process. Of course, location always plays into most everything people want to do and be in the right location and traffic plans and whatnot, but -- so, that was interesting to see that and kind of think about maybe we have to pay attention to that -- that are we making it too difficult for large structural facilities to go into some of these mixed use areas, because they don't fit from an aesthetic process. So, anyway, something to think about. Klopfenstein: Yeah. Thank you very much for your point. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: On the mixed use point, it didn't really make me worry, to be honest, like that section especially, just -- are we missing something when we are looking at applications that's qualitative in nature, you know, is there a way to --to try to dig into more analytically what does that live, work, and play philosophy need to look like. It's hard, because it's Page 23 Meridian City Council Work Session Item#1. June 8,2021 Page 21 of 38 something that, you know, you -- you could point out like, for example, if a huge proportion of a project ends up being parking and asphalt, sure, how does that create an integrated set of uses; right? It's hard. Every project is different, so I guess it -- it just was food for thought. It's something to contemplate maybe a little bit more if we are missing something on the mixed use. McClure: Mr. Mayor, Council Woman Strader and, then, Councilman Hoaglun, you guys sort of have the same point, but just for consideration when was the last time we had a development application for a commercial project in a mixed use area that showed a secondary or tertiary location for some of those lesser gyms, daycares. When was the last time you saw an application that didn't have a pad site or a power center on it. We don't--we don't get those spaces when we do those entitlement periods and so you never see those areas in there and so we had no place to go but through an industrial section. You're absolutely right, though. Simison: Council, any further questions? Well, thank you very much. A fine product of West Ada School District. I think your mom and dad would be proud. Klopfenstein: Yeah. Thank you so much for your time. This is -- this was enjoyable. Thank you. 17. Community Development Department: Fiscal Year 2021 Budget Amendment in the Amount of $37,700.00 for Professional Services Related to the Creation of the Linder Urban Renewal District Simison: Thank you. With that we will move on to Item 17, which is a Community Development Department -- Community Development Department Fiscal Year 2021 Budget Amendment in the amount of 37,700 for professional services related to the creation of the Linder Urban Renewal District. Cameron, you are going to talk about both 17 and 18 together? Arial: Yes. Thank you, Mr. Mayor. Yes, we will address both of them together. Would like to just take the opportunity to publicly thank Lila for her efforts. It was a pleasure working with her and I think we all benefited from -- from her efforts. So, Mr. Mayor, Members of Council, always a pleasure to be with you. This is just a quick budget amendment to fund the -- the needed costs for the Linder District, which its primary purpose is the Linder overpass and the funding of that and, then, of course, the attaching or attending MLA, is for a reimbursement agreement with MDC. So, in a nutshell, that is -- that is what is before you and certainly can talk to any other -- the details that are in the memo, but that is it. Short and sweet. Simison: Council, questions for Cameron? Okay. Short and sweet it was. Arial: Thank you. Simison: So, with that do I have a motion? It could be Mr. Borton still. Page 24 Meridian City Council Work Session Item#1. June 8,2021 Page 22 of 38 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve the fiscal year 2021 budget amendment in the amount of 37,700 for professional services related to the creation of the Linder Urban Renewal District. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there discussion on the motion? If not, the Clerk will call the roll. Roll call: Borton, abstain; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. 18. Community Development Department: Memorandum of Agreement and Amended Memorandum of Agreement Between the City of Meridian and Meridian Development Corporation for Cost Sharing for Urban Renewal District Creation Simison: Item 18 -- I don't know, Tori, if there is anything you want to add regarding that or not. Cleary: Mr. Mayor, Members of the Council, I will just provide a little clarity as to why there is an initial MLA that you have to approve and an amended MLA. When MDC first took this to their board for approval we were considering some other areas that the city would maybe be reimbursing a portion of those professional services costs for and since that time we received some updated direction and pulled those areas out and so the city will no longer be paying for those. All the city's expenses will be related strictly with the Linder district and MDC will be covering all other URD actions and research related to those upcoming actions. Simison: Thank you. Council, any questions? Okay. Thank you very much. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: For clarification, we can approve both the agreement and the amendment in the same action? Okay. Mr. Mayor? Page 25 Meridian City Council Work Session Item#1. June 8,2021 Page 23 of 38 Simison: Councilman Cavener. Cavener: I move that we approve the MLA for the City of Meridian and the Meridian Development Corporation for cost sharing of the urban renewal district. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the MOA. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. Cavener: Mr. Mayor? Borton: Oh, sorry. I apologize. Abstain from that as well. Simison: Okay. Mr. Borton abstained. Noted for the record. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. I move that we approve the amended MOA for the City of Meridian and the Meridian Development Corporation for cost sharing for the urban renewal district creation. Hoaglun: Second the motion. Simison: Have a motion and a second for the amendment MOA-- the MOA amended. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. Abstentions? Borton: Abstain. Simison: Mr. Borton abstains. Motion carries. Thank you very much. Enjoy your evening. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. 19. Parks and Recreation Department: Lakeview Golf Club Operations Update and Fiscal Year 2022 Budget Discussion Simison: Next up will be our Parks and Recreation Department Lakeview Golf Club Operations Update and Fiscal Year FY-22 Budget Discussion. Getting a preview of next week. Mr. Barton. Barton: Good afternoon, Mr. Mayor and Council Members. Thank you for the opportunity this afternoon to talk to you about Lakeview Golf Club operations. I know there has been Page 26 Meridian City Council Work Session Item#1. June 8,2021 Page 24 of 38 several a-mails that you all get and with --with people that have questions and, hopefully, we can shed some light on some of those, as well as some of the challenges going forward and the FY 22 operating budget as well. So, basically, the operating structure that we have currently is three -- three people. Ryan Roberts is the general manager. I was going to try to have Ryan attend the meeting tonight, so I don't know if you have had a chance to place a name with a face, but he is currently teaching some golf lessons right now, so he's -- he's out there doing what he's supposed to be doing and that's -- that's what we like. Yeah. And he's making money. So, that's good. Matt Allen with KemperSports was going to be on the call as well, but he is kind of -- he is on vacation right now. He just got done coordinating a PGA tournament at Bandon Dunes, which was a junior four ball tournament championship. So, he kind of scheduled some time off. So, anyway, things didn't align. And, of course, I'm here. So, between the three of us we talk regularly and that's our current operating structure. So, roles and responsibilities. And I'm not going to read the entire list, but you can kind of see that Ryan Roberts, as the general manager -- one of the -- the most important thing that Ryan does is manage the day-to-day operations of the golf course. He is the guy on site that is accountable to the customers. He makes sure -- he makes sure that the doors are open in the morning, that things are closed. He collects the daily receipts, makes bank deposits, all those things that, you know, the guy -- the lead person on -- on site would do and there is -- there is a hierarchy amongst the staff. There is a -- Ryan has an assistant that's a -- he has a manager title, but Chris Cooney and, then, of course, we have a new superintendent that we hired that will lead the maintenance operation. We have had that vacancy since April 9th and we have just filled that. So, that's -- that's really what Ryan does is he is the day- to-day guy who is on site. Matt Allen with KemperSports -- I know there was a lot of questions at the town hall with, you know, what does -- what does Kemper do and, really, in a nutshell, the important thing that Kemper does for the city is ensure accountability with the cash handling, bank reconciliation, financial reporting, associated with the funds that we have placed in those operating accounts and the funds that we collect as revenue at the golf course and the expenses that are paid. So, they are the ones that are accountable for that financial reporting, but it needs to be done in such a way that a municipal auditor can sign off on it. But, then, as you go down the -- down the list of other things, you know, Kemper acts as the employee, does the HR, manages the vendor accounts, maintains the licenses, insurance, prepares the budget, which we will talk about here in a little bit and, then, the financial records that -- invoices, deposits, you know, the reconciliation that--that you all get monthly, we get a monthly report of the financial health of the business and, then, we disseminate that out to City Council Members and the Mayor. And then -- and, then, one thing that's very important to us is they do act as a consultant to the owner. So, they -- they manage over 70 municipal golf courses across the country, so -- and that's -- those are just municipal courses, so they have an equal number of private courses as well. So, as far as -- I mean they are a wealth of experience and, you know, when it comes to operations and -- they really know what they are doing. And, then, as far as what -- what we do is, you know, one of the most important things I think that we do is that we provide the Lakeview customers a direct contact with city staff and I know that what we have heard and what's been communicated through our surveys and the master plan is that some of the previous conditions out there where customers would come to management with an issue or something, a question that they were fairly Page 27 Meridian City Council Work Session Item#1. June 8,2021 Page 25 of 38 dismissive and, you know, honestly, that's not what we -- that's not what we are about. That's not our CARE values. If somebody comes to us with a question or a complaint or an issue, we may -- we may not be able to tell them what they want to hear, but we will always call them back and we will always have a conversation with them. So, along with the other list of items that you can see, you know, I feel that the most important thing we -- that we do as a department is to provide that contact with city staff to the customers and we get a fair amount of calls. I mean I think that over time as things progressed that there may be fewer of those calls, but right now there is -- out of the blue two, three, four a week that require follow up and I know, Mr. Mayor, your office gets a few and we get several to -- you know, a handful a week in our department, so -- some of the accomplishments that we have worked on over the last seven months is we have completed the transition, we have retained the existing staff, which was very important. We did have some go just through transition and they found different opportunities, but I think that's going to happen with any business at any time, regardless of whether it's transitioning or not. There is going to be some turnover. There has been several deferred maintenance and capital items. We all know -- you have heard stories about deferred capital investment, but there is a significant amount of deferred maintenance as well. Everything from parking lot maintenance to electrical outlets that were -- you know, the GFCls weren't tripping causing a safety issue. I mean we have gone through the place and -- and there is -- there is more to do, obviously. But we are trying to be fuel efficient with the money that we have and taking care of the worst items and, obviously, the safety issues are first-- are first priority. I mentioned the new superintendent that's going to start next Monday. The course improvements -- you know, we verified, we have -- we have done some things that we can do short of heavy maintenance or capital investment to improve course conditions. We want to -- we want it to play as well as we can, because we want to be able to compete for that daily fee market. I mean we know that the residents in the area are very loyal to the course through our surveys and conversations, but we want to -- we want to start to compete beyond that square mile and one of the things we can do is keep the course in as good of condition as we possibly can without making those upgrades and we know that we do have some items that are in the CFP for future years that -- for upgrades. We have talked about them and we will talk about -- we will talk more about them next Tuesday at budget hearings and beyond. So, that will help as well. And one of the -- one of the main things is that we have increased communication between the operation and the customers. Ryan Roberts has started meeting with the men's and women's association weekly now. Those are the people that are very loyal to the golf course and we may not have an update for him, but he has made himself available to answer questions and, you know, it's -- it's -- we have heard all sorts of rumors that this is going to happen and that's going to happen and the best thing we can do is communicate as often as possible and with as many people as we possibly can, so we reach those -- those groups on a weekly basis. We also have been putting NextDoor posts out at the direction of the Mayor's office. We have -- our volunteer coordinator Chelsea has started a golf marshals program at the course, that the golf marshals can get a golf benefit for volunteering -- well, it's not volunteering, but it is. But they get a golf benefit and -- and there has been -- and they -- they will put out a consistent message -- message and help with some of the communication as well. One of the things that you know we have been working on is the master plan and we -- we have a draft -- received Page 28 Meridian City Council Work Session Item#1. June 8,2021 Page 26 of 38 a draft CIP that we have -- or draft -- actually, a draft report -- the whole report that we are going through and we will request -- we will put our comments back into the National Golf Foundation, they will clean it up and, then, that will be distributed to you all for consumption and comment here shortly. The other thing that we have is the draft CIP that's ready for consumption and it is -- it is a draft and like we have talked about before, there is things that we have to have and there is things that, you know, we should have and, then, there is this other list that -- things that would be nice to have and, obviously, budgets are very tight and we have -- like I said, we are -- we are as fuel efficient as we possibly can and, honestly, the -- we appreciate them bringing up the nice to have items, but, realistically, those are so far in the future, if at all, that -- it's good to get on the list, though. Well, that will be -- that will be coming out. Steve's going to send those out -- the draft CIP with a memo later this week I believe. Siddoway: Yeah. Barton: So, some of the challenges that we -- we have. Food and beverage is a challenge. You know, we have all heard stories about how the labor market has conspired against the hospitality industry and restaurants in particular. We continue to recruit staff, but the staff that come in we -- we get -- we get an applicant and, honestly, all applicants we -- we interview. When we interview them they come in and the posting says 15 to 18 dollars an hour. They come in and they want 25 dollars an hour and it's 20 to 25 dollars an hour, because they know that --that they can -- if it's not Lakeview it's somewhere else that may be willing to pay him and Lakeview golf course, honestly, is not a destination restaurant. It's there to serve golfers and it really is -- they are currently serving the neighborhood. We feel that it's important to get it operating beyond what it is right now. What it is right now is we offer turn stand food offerings, premade sandwiches, wraps, dogs, packaged snacks. We still have a full offering of beverages and just tonight we -- you know, historically we have done Taco Tuesdays out there, which everybody -- it's really popular, so we have Tony's Taco Truck is out on site tonight for the first night where we are hoping that they will come back for Friday and Saturday and until we can get the labor market to stabilize and to stabilize the operation, we think that -- to have those turn stand offerings for food for golfers, full beverages, and, then, special events have food trucks. We think that's a pretty good model, because, honestly, we can't pay somebody 25 dollars an hour and have the redundancy on site that we need for the busy times, because if you go there on a Wednesday afternoon at 3:00 o'clock and there is one or two people there, we can't have two -- we can't have two cooks in the kitchen working with nothing to do, but we need those people there for the times that it's busy. Simison: Council Woman Strader. Strader: Thanks. Just want to jump in, because it seems like a hot topic. I mean the restaurant industry is notorious for being a very difficult, low margin business. You have to control a lot of inventory. You can't afford to pay people. I totally understand the challenges. My question to you is are we considering outsourcing that to another provider? I don't know what the providers are like in this market. In other markets I have lived there are very high end companies that you could outsource that to. Is that Page 29 Meridian City Council Work Session Item#1. June 8,2021 Page 27 of 38 something that we are considering? Barton: Yeah. That's a great question, Mr. Mayor and Council Woman Strader. When we initially were contemplating the --the transition and we thought that the staff was going to be city staff and we thought, oh, my gosh, we have no experience -- absolutely no experience in a restaurant, but what do we do? I have an RFP that's written, ready to go, that we could advertise to try to get a concessionaire in there. Right now I don't -- I -- I am not sure -- you know, if we get any favorable responses, because people are in the -- kind of in the same boat we are, maybe to a lesser extent, because they are not as sequestered inside that neighborhood, where if you have a location on Eagle Road you may have a little better chance at drawing visitors or patrons in there. But it's definitely -- it's been on our mind and I think as we go forward and come to you and present the findings of the master plan and we determine a model for long-term operation, that I think that's one of the considerations that we should have. Simison: You took the words out of my mouth. Long term operation model to be developed and discussed. Barton: Yeah. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: And along those lines -- and I know you are not done with your presentation yet, but now that we have had the course for a few months --and I know it's been a unique time to try to track, you know, visitors to the -- to the restaurant, but do we have a good idea of, you know, the population of people that are coming through and whether -- and -- and -- and what kind of staffing we actually need now in relationship to maybe what it was like potentially pre-COVID or, you know, summer versus winter, do you feel like that -- has Kemper been able to help with that or -- I mean as you are drafting this RFP do we really have a good sense of what we need now, because I knew a lot of that -- a lot of that information we didn't have from the prior operator. Barton: Yeah. Mr. Mayor, Council Woman Perreault, that's another great question. We -- we don't have finance -- we -- well, we have a little bit of financial history from the previous operator. The previous operator stated in that financial history that we did get that food and beverage operation lost 25,000 dollars and that in 2019. So, last year was COVID. We know that we have tried to run the kitchen with minimal staffing. Didn't have good result, because they were quickly overwhelmed and we had somebody walk out halfway through prime rib night and Ryan Roberts and some of the wait staff jumped in the kitchen and took over and finished it off. So, we need to -- we know that we really -- I think we really need to have a plan to -- to change the hours of operation that we have. Before it was seven days a week serving breakfast all the way until closing and closing would vary depending on how busy it was. We can't do that. There just isn't -- right now in this inflationary -- the inflationary pressures that we have right now just with the cost of Page 30 Meridian City Council Work Session Item#1. June 8,2021 Page 28 of 38 goods and the cost of labor, it has changed so much since 2019 that I don't see us going back to that model, but can we be open Thursday, Friday, Saturday, Sunday and serve hot food? Absolutely. Perreault: Mr. Mayor, follow up. Simison: And just to anybody who is watching this from Lakeview or anyplace else, no decisions have been made. They are just theoretical comments for things to be considered as we move forward. Council Woman Perreault. Perreault: Is that information that you would need in order to -- to interview and hire a concessionaire? Would you need to know just approximately how many people were serving. This was -- obviously we would need to know the hours. So, until you have that data can we even be having conversations about talking to an outside company to come in and take over service? Barton: Great -- great question and we -- we need that information and we would have to put that together, you know, as well as this is how much volume it does and expectations of hours of operation and here is how many staff we need and -- yeah, the RFP that I wrote was -- was pretty good, but it didn't have that and we would absolutely need that. Simison: And if I could just add a little to that. I think the difficult challenge that we are going to have is if you look at COVID and you look at the -- we have been shut down because we didn't have staff to even offer food. It's hard to get a good baseline or assumptions throughout all this and so while these are great conversations to have, we may not be able to provide this information for a year after we really get a labor market maybe reestablished if we -- if we see that in the next three months I don't know -- so that -- while Mike is telling you this to give you a preview, I'm going to continue to ask for latitude from the Council for us to get enough data to even go and find someone in a reasonable fashion once those decisions can be made, whatever they are from that standpoint. But Council Woman Perreault. Perreault: Thank you. So, can Kemper help with that in terms of -- obviously, if they are managing multiple courses -- municipal courses around the country can they tell us a guideline of this is ideally how many -- you know, how many people you would have through the door on -- on any given -- and can they share with us information about what other municipal courses are doing? Are they having the same labor challenges? This is happening nationwide. So, they are having the same challenges? What are those courses doing? Can you give me guidance from them on that at all? Barton: Yeah. Mr. Mayor, Council -- Council Woman Perreault, they can and they are having those challenges nationwide. I think that some of the best points of reference might be some of the other local municipal courses and what offerings they have and they really cater to golfers for the most part. If you go to Centennial Golf Course they -- they have only turn stand food and canned beverages. That's it. I know in Boise Quail -- Quail Page 31 Meridian City Council Work Session Item#1. June 8,2021 Page 29 of 38 Hollow has a restaurant where you can get hot food, but they are only open from April until October sometime. Warm Springs has turn stand like a concession stand type thing and I know that people expect more than that, so I guess we are not ready to make a decision yet. We are actively hiring for the kitchen. We are hoping that the labor market stabilizes. We are hoping that the industry as a whole stabilizes going forward. But I wanted to let you know that we are doing all we can to offer full beverages, food trucks, food for golfers, that sort of thing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just -- I just want to say I'm sorry if I led us down a rabbit hole. Truly, because you are doing the right thing, you are focusing on, first and foremost, making sure the golf course works well, making sure we are providing great customer service, all these decisions on outsourcing or not outsourcing and all that stuff will -- will come later, it's just something to think about. I don't think Council expects you to have the answers to those questions. But I appreciate what you are doing with the customers, repairing those relationships that need to be repaired and, frankly, just focusing on the fundamentals and we will get there. So, I just wanted to say that, because I'm sorry if I led -- I led us down a little bit of a tangent and I didn't mean to do that. Simison: Good Conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Quick question, Mike. Looking at the things that you are in charge of, I know you had a full-time job before. So, who is doing that one? Simison: We are working on it. Hoaglun: Okay. Simison: We are working on it. Barton: Yep. We are -- it's -- it's fun. Simison: We need to -- with what we have on the horizon for the Parks Department -- again, there are needs throughout the city and this could be one more, even if you look at what Mike's roles and responsibilities are, it would be potentially Discovery Park, Community Center, those conversations. Golf course. Pool. You can see that there are likely additional staffing needs to balance out where we go one way or the other in the Parks and Recreation Department and for Mike's sanity. He wants to golf there, not just work there. Page 32 Meridian City Council Work Session Item#1. June 8,2021 Page 30 of 38 Perreault: Mr. Mayor? Barton: And, Mr. Mayor, actually I did two weeks ago. And it was fun. It was good. Simison: Council Woman Perreault. Perreault: I appreciate Council Woman Strader's apology, but I think it is good for us to have this conversation to the extent that we are going into the really heavy season of the course and I think this summer is going to be really telling for us from a budget standpoint and from the decisions we will be making for the rest of the year as a Council. So, I think these detailed conversations are a good thing, even though there aren't decisions being made today, because this is one of our biggest assets. So, I appreciate these detailed conversations as liaison to Parks and Rec, so just to put that out there. Barton: Mr. Mayor and Council, so moving on, you know, some other challenges -- the deferred maintenance, we have talked about that and we know all about that, but we really wanted to bring forward conversation about the FY-22 operating budget that was put together by KemperSports and let you know that one of the things that we did is we wanted them to bring forward a conservative revenue budget and budget worst case for the unknown of expenses and a result of that -- as a result of that direction they put together a budget that has a 240,000 dollar operating loss. But for --just for context, the -- the revenue in April is 26,000 dollars -- just for April is 26,000 dollars higher than the FY-22 budget that we put together. So, again, we wanted to be conservative with the revenue, because we don't have reliable financial history. We know that in some regards 2020 was during COVID. The golf industry as a whole saw a pretty sizable bump in play and we -- we drew back -- we drew back down on that. So, the -- FYI for 2019 there was approximately 30,000 rounds and last year there was 39,000 rounds, so pretty good revenue and it doesn't mean -- so, that is -- that's conservative. We don't want to stand here and tell you that everything is going to -- we are making a ton of money and, then, fall short of that. We want to manage expectations. We want you to have information that you need to prepare for when -- maybe what the worst case scenario is and I mean if we did have really reliable history we could have a handle on what the income is, what the revenue is and what the expenses are. The way we had to come up with the -- on the expense side was benchmarking from our neighbors in Nampa and Boise to see what their municipal golf courses cost. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Actually, I wanted to ask a little bit -- you know, I saw that 11 percent drop in rounds -- sort of conservative estimate that, you know -- I mean this COVID bump was kind of a one-time thing, but I mean on the other hand I would say, you know, new investments in the golf course should drive increased demand. Better customer service should drive increased demand. I mean is that really where the down side case -- if -- if revenue stays flat -- if we had golfing at the same amount of rounds as we are seeing Page 33 Meridian City Council Work Session Item#1. June 8,2021 Page 31 of 38 now in April, and carry that forward seasonally, will we still be looking at a 250,000 dollar deficit or do we have some upside -- what kind of upside do we have on that number? Barton: Yeah. That's a good question. I just -- my personal opinion I think there is tremendous upside. I think April has proved that, because we are -- we have forecasted, like I said, it was a conservative estimate for revenue and April was 24,000 dollars higher in revenue just for one month. Strader: It's -- sorry. Mr. Mayor? Simison: Council Woman Strader. Strader: It's really encouraging; right? I mean just based on those -- the most recent results. So, let's -- let's hope that that's more of a downside scenario. I appreciate you want to be conservative. I get it. You want to, you know, over deliver and -- and everything, but it did seem really, really, really conservative. Simison: Council Woman Strader, I agree with you, just so you know. I mean I had a real struggle with the number, but I'm going with it since we don't have data in -- in other words and I -- I firmly believe the previous operator did not suffer that kind of a loss. Couldn't have done it for ten years and stayed in business, regardless of wearing the same pair of shoes and running the kitchen themselves. There are other costs that have had to be increased through Kemper in order just to have labor there now. So, there are some additional costs. But, again, one year conservative estimate, but if this was going to be the ongoing expectations, we have lot bigger conversations. Mr. Siddoway. Siddoway: Mayor, Members of the Council, Council Woman Strader, the one piece of context that I wanted to add -- because I -- I am fairly comfortable with that number and I don't know that it's overly conservative, because let's not forget we are talking '22 and we plan to have the golf course torn up for irrigation improvements for part of that year. So, that will have an impact on the number of rounds that -- that can and will be played. So, I don't know what that impact will be standing here now, but it will have an impact. Simison: Got to invest before it can get better. We know that. Barton: That's -- that's -- to that point, one of the -- one of the key findings of the master plan is that we need to do -- we need to advertise outside the square mile area that it currently draws from and -- and create more of a destination and that's going to be better playing conditions and we can't do that now, because we don't want to invite people there only to be disappointed. Let's get it fixed. Simison: Council, I know you didn't see it to the -- the operating room recommendations, but I think we have covered them from that standpoint. Any additional questions for Mike or Steve at this point in time on what we are -- what you will be seeing next week? Okay. Barton: Thank you. Page 34 Meridian City Council Work Session Item#1. June 8,2021 Page 32 of 38 20. Mayor's Office: Strategic Plan Update Simison: Thanks, Mike. Council, do we want to take a quick break before we get into the last time. I know Vincent doesn't plan to be long. I don't know how long you all plan on being with Vincent. Vincent, go ahead and come on up. With that, Item 20, Mayor's Office Strategic Plan Update. Koontz: I was going to say good afternoon, but it's good evening. Mr. Mayor, Members of Council, I'm here to discuss the implementation and execution of our adopted strategic plan and this is a follow-up to when we adopted our focus areas and goals back in December. I committed to you that I would share with our -- with you our strategies and -- that would be helping to define the work of our strategic plan. I sent you a memo a couple of weeks ago that was full of great information and strategies, as well as some of the information about the next steps and with that I will talk about some of our agenda. I did -- I did find it a little serendipitous that we talked about some of the strategies in the items that preceded me, so -- in the strategic plan. So, with that I will talk a little more about the agenda. So, tonight I will be talking with you about how we will continue to execute and implement our plan. I will communicate and engage with you and our citizens in the future and how we will be accountable and share results with our community. So, a brief recap of what occurred when we last talked about the strategic plan. During 2020 our city leadership developed and our Council adopted our 2021 to 2025 strategic plan, which consisted of our vision, mission, focus areas and goals. With that clear direction in January of 2021 our departments began to brainstorm the work that will allow us to accomplish our goals, through the strategies that I have shared with you. Those strategy have been -- strategies have been reviewed by our director team and Mayor Simison and have now been completed. A little about the plan execution. So, developing strategies and tactics will define the work that will occur over the next one to five years of the plan. The strategies that our departments were empowered to develop will represent the broad work that will occur to accomplish our strategic goals. Yearly we will review and revise our strategies to stay flexible and nimble, which is one of the -- one of the changes that we wanted to have happen with this -- with this new plan. The tactics that will be completed, which are in progress with departments and will be in progress with City Council, are the specific actions that our staff will take, along with the anticipated timelines and measurements of success for the plan. Our tactics will really make up the bulk of the work in the plan and will really make our plan come to life through the actions and activities of the strategic plan. This will empower departments, our City Council, our teams to tie the work directly to the plan, because they are the ones that are creating it and how will we keep City Council to continue to be involved. As we have developed the plan I have taken feedback from City Council, as well as departments on work that will require action from Council. There are several topics that I will work with the Council body to brainstorm, explore, and create tactics, just as the departments are doing right now. The tactics of interest are highlighted in the slide and are aligned with the strategies that were created. Departments will also collaborate with City Council on the direction on programs to support our plan's goals and strategies. They will come to you to support the requests on budget, policy, and code, which are all aligned with the work they will do and the dollars we appropriate to support the adopted plan. We want and need our City Council to be Page 35 Meridian City Council Work Session Item#1. June 8,2021 Page 33 of 38 active and engaged in the execution of our plan and as part of my effort to stay -- to keep the plan moving, continuously improve and being flexible and to keep the lines of communication open, you have a commitment for me that I will communicate to Council through key quarterly updates via memo. You have already seen one of those. Commitment to communicate bi-annually via presentation of progress and departmental requests. Doing that right now. A commitment to communicate annually on updates to strategies based on changes in policy, legislative actions, funding or technology changes. We will commit to updating our community through a transparency page, which I will show you in a second. We will also reinforce our adopted strategic plan through a theming of events, programs, and activities and actions by our associated six focus areas. We will engage with the community through public listening tours, town halls, survey engagement and other opportunities. And accountability. We will stay accountable to our plan through our website. This will be the primary point of contact with our community, our staff and Council for our plan. It will allow people to view progress compared with our citizen survey metrics, as well as any performance indicators that our departments develop with the work as they develop their strategies and tactics. It will provide a platform for us to highlight departmental actions and initiatives related to our strategic plan. It will also allow us to be transparent and responsive to the needs of our community. So, if you want we can take a look around. I clicked on it. It should open up a web page. Yeah. Perfect. So, this web page -- the mouse is just really slow. The web page is modeled after the Comprehensive Plan page. It has our vision, mission, and I was going to highlight -- maybe I won't show you the -- maybe I won't show you the strategic map page. Hoaglun: Mr. Mayor, question for Vincent. Simison: Councilman Hoaglun. Hoaglun: Is this up now that we can view it? Koontz: Yeah. If you want you can -- you can look at it yourselves up on the page, so -- But, essentially, it has the adopted vision, mission, focus areas and the adopted plan and also has the ability to -- that opened up. It also has the ability just to see the strategies and our goals and will continue to be updated as departments develop -- oh, that's the -- that's the plan document. You can close that out. And it will continue to be updated as we develop relevant performance measures and as departments develop their tactics, we will update the strategies and the tactics associated with the departmental actions and initiatives. So, this will be a great platform to be able to show the progress we are making. To be able to be transparent with our community on progress we are making throughout the plan. So, that's -- that's what I like to do with it and continue to use as we move forward over the next one to five years. And with that I will stand for any questions. Simison: Thank you, Vincent. At least -- one thing we hadn't -- I didn't know tactics were going to be on this page. I thought it was just going to start -- stop with the document that was presented to Council, which really highlights, you know, the main goals and objectives through that standpoint. But it may not say write a letter to ITD requesting funding for something, because those are the tactics. That is the boots on the ground. Page 36 Meridian City Council Work Session Item#1. June 8,2021 Page 34 of 38 So, I don't know that you are going to see that level of details on this page. That's a lot of -- Koontz: No. And the tactics won't live on that page. They -- they might -- we might highlight some of the activities that are underneath the strategies that would be relevant for our community, but you won't see individual tactics and action items from the departments. That probably will get a little too granular and too in the weeds, but -- but -- yeah. So, as departments develop their -- their work, the work that's important to be highlighted, that our-- that our community needs to know about and wants to know about and cares about, will probably be highlighted on that page. Simison: Thank you, Vincent. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, I feel like the -- the -- the tactics are the how we get their piece and I -- understand that might not be appropriate for a wider audience and like really granular detail, but -- so, will you be provide -- how will Council get updated on the tactical aspects of what we are doing? Koontz: Mr. Mayor, Council Woman Strader, Members of the Council, the way that I anticipate updating the tactics -- or updating the specific actions is via memo or via the presentation. So, that's where I'm going to -- I'm going to be that -- essentially that filter to get the information from the departments. I might come up here with a department to say, hey, here is some of that relevant information. Here is some of the relevant information. Here is some of the relevant actions we are going to take. That might include having a budgetary conversation, having a policy conversation, having a code-based conversation with City Council where that's in your purview. I also outlined on there -- there is several topics that I will also engage with City Council on, where you would be developing tactics and I have said that all along throughout the creation of the plan. Council has and should have a role, you know, where their purview exists in the actions and the tactics in this plan. But I hope that answers your question, Council Woman Strader. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you so much, Vincent. And I really appreciate your inclusion of Council and involvement and just like the brainstorming and those regular updates, because I do think it's really great that we have been so involved in the plan and we look forward to collaborating. Thanks. Simison: And maybe a good example if we want to talk about something that maybe was Page 37 Meridian City Council Work Session Item#1. June 8,2021 Page 35 of 38 in an e-mail you sent the other day, such as creating the city wide environmental plan. So, that would either occur through a budget amendment that you would find out about the tactics or conversations at a point in time where we don't do a budget amendment and we develop it in-house and the draft is presented. So, it's going to vary, you know, from time to time from that standpoint on what that looks and feels like, based upon resource needs or other allocations or, quite frankly, it may sit there and there not be any tactics, because resources don't currently exist, you know, from that standpoint to take on everything at once. So, it's going to vary on every piece within the plan and the department's. You lose a staff member and maybe you don't focus on that item. So, it's not perfect science. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm going to echo Council Member Strader's comments about Council Member involvement. Perhaps a suggestion and maybe we have talked about this before, but if not -- perhaps we look at having focus area liaisons for City Council. I think that allows us to kind of each have a little bite of the apple, allows the Council to work collaboratively with each other, while maybe some of those ideas do bubble at the top, but sometimes those in the weeds come from those that are within the building and, then, just a request in light of time. I would like to get some more information about utility cost of service study. Maybe a timeline what that's all going to encompass. That may not be ready for primetime now, but that's a piece that I'm -- I'm very very interested in and, then, just a better understanding about the -- the streetscape and community character workgroup that ties, obviously, with streetlights and plans. I know that's something that Council has been really interested in in getting a little bit better understanding how that workgroup is going to incorporate that that would be helpful. Appreciate it. Simison: The cost of service study that -- it's working this way, I think -- I think our CFO just sat down with the initial feedback on that, so it's coming. Council, anything else for Vincent? Thank you, Vincent. And what I will do is I will ask Vincent to work with Council President on the items listed to determine whether those are done via workshop here or one-offs or how to move forward on those things Council indicated a desire to accept. I know not each one of you had a desire to do each one of those, but those were the collective group identified by all members. So, thank you, Vincent. ORDINANCES [Action Item] 21. Ordinance No. 21-1930: An Ordinance (H-2020-0074 TM Crossing) for a Rezone of Parcels of Land Situated in a Portion of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of as Follows: 40.98 Acres from the R-40 and C-C Zoning Districts to the C-G Zoning District; 3.9 Acres from the TN-C and C-G Zoning Districts to R-40 Zoning District; 0.65 Acres from the R-8 and TN-C Zoning Page 38 Meridian City Council Work Session Item#1. June 8,2021 Page 36 of 38 Districts to the C-G Zoning District; and 0.53 Acres from the TN-C Zoning District to the C-G Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Simison: So, with that we are onto Item 21, Ordinance Number 21-1930. We will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2020-0074 TM Crossing, for a rezone of parcels of land situated in a portion of Section 14, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of as follows: 40.98 acres from the R-40 and C-C Zoning Districts to the C-G Zoning District; 3.9 acres from the TN-C and C-G Zoning Districts to R-40 Zoning District; 0.65 acres from the R-8 and TN-C Zoning Districts to the C-G Zoning District; and 0.53 acres from the TN-C Zoning District to the C-G Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective. Simison: Thank you, Mr. Clerk. Council, you have heard this item read by title. Was there anybody that would like it read in its entirety? Seeing none, do I have a motion? Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: I move the adoption of Ordinance No. 21-1930, with suspension of rules. Cavener: Second. Perreault: Second. Simison: Have a motion and a second to approve the ordinance under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The ordinance is agree to. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION 22. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a Page 39 Meridian City Council Work Session Item#1. June 8,2021 Page 37 of 38 public officer, employee, staff member or individual agent, or public school student. Simison: Last item is Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(b). Borton: Second. Simison: I have a motion and a second to go into Executive Session. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:33 p.m. to 7:44 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Simison: Motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay. The ayes have it and we are out of Executive Session, MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move to adjourn. Page 40 Meridian City Council Work Session Item#1. June 8,2021 Page 38 of 38 Borton: Second. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 22 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 41 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 25, 2021 City Council Work Session Page 4 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 25, 2021 City Council Regular Meeting Page 14 Meridian City Council Item#2. May 25,2021 Page 77 of 7, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: So, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. If not, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve Ordinance No. 21-1929 with the suspension of rules. Cavener: Second. Simison: I have a motion and a second to approve for Ordinance No. 21-1929 under suspension of rules. Is there any discussion on the motion? If not, all in favor signify by saying. Opposed nay. The ayes have it and the ordinance is agreed to. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Do I have a motion to adjourn? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second the motion. Simison: Motion and second to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10.22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 8 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 91 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 26, 2021 City Council Special Meeting Page 92 Meridian City Council Special Meeting Item#3. May 26,2021 Page——— MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 8 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 172 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 27, 2021 Emergency Meeting Page 173 Item#4. WE IDIAN CITY COUNCIL EMERGENCY MEETING City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday, May 27, 2021 at 3:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted EXECUTIVE SESSION Motion made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener In to Executive Session: 3:33 pm Out of Executive Session: 4:41 pm 1. Per Idaho Code 74-206(1)(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move -- I move that we go into Executive Session per Idaho Code 74- 206(1)(b). Cavener: Mr. Mayor, second the motion. Page 174 Item#4. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call:Bernt,yea; Cavener,yea;Strader,yea;Perreault,yea. Simison: All ayes. Motion carries and we are in Executive Session. (3:33 pm) Simison: Council we are out of executive session, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Cavener: Second the motion. Simison: I have a motion and a second to come out of Executive Session.All in favor signify by saying aye. Opposed nay. The ayes have it.We are out of Executive Session. (4:41 pm) ADJOURNMENT 4:41 pm Page 175 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Movado No. 9 Subdivision Sanitary Sewer Easement No. 1 Page 176 ADA COUNTY RECORDER Phil McGrane 2021-089158 BOISE IDAHO Pgs=5 CHE FOWLER 06/09/2021 08:52 AM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Movado 9 Subdivision Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 8th day of June , 2021 between Movado Development LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Page�77 t��� Item#5. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: MoADeveent L An LC Jim Conge , embe L,_,/ STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 04 (date) by (name of individual), [complete the following if sygning in a representaVive capacity, Yr strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) C,/ AgPA j �I` Notary Signature �lE Lq� � My Commission Expires: "✓? '02� •NOTARY60 e PUB L1C P: A—P ft • q�F OF ` -O". Sanitary Sewer Easement REV.01/01/2020 Page 178 Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor - - 2021 I Attest by Chris Johnson, City Cleric 6-8-2021 j i I i STATE OF IDAHO, ) . ss. County of Ada ) I I This record was acknowledged before me on 6-8-2021 (date) by Robert E. Simison j and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) j Notary Signature My Commission Expires: 3-28-2022 I I I i I i i i i i i i i I Sanitary Sewer Easement REV. 01/01/2020 Page 179 Item#5. . ri Sawtooth Land Surveying, LLC 5/jIF47 P: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hington Ave., Emmett, ID 63G 17 SANITARY SEWER EASEMENT LEGAL DESCRIPTION BASIS OF BEARINGS FOR THIS DESCRIPTION IS S. 0037'54"W., BETWEEN AN ALUMINUM CAP MARKING THE NORTHEAST CORNER OF SECTION 21 AND AN ALUMINUM CAP MARKING THE 1/4 i CORNER COMMON TO SECTIONS 21 AND 22, BOTH IN T. 3 N., R. 1 E., B.M., ADA COUNTY, IDAHO. A PARCEL OF LAND LOCATED IN THE NE1/4 OF SECTION 21, T. 3 N., R. 1 E., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN ALUMINUM CAP MARKING THE NORTHEAST CORNER OF SAID SECTION 21; THENCE S. 003754"W., COINCIDENT WITH THE EAST LINE OF SAID NE1/4, A DISTANCE OF 1706.11 FEET; THENCE LEAVING SAID EAST LINE, S. 90°00'00"W., 631.70 FEET AND THE POINT OF BEGINNING; THENCE S. 26026'11"W., 20.00 FEET; THENCE N. 63033'49"W., 47.28 FEET AND THE BEGINNING OF A NON-TANGENT CURVE; THENCE 20.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 21°47'59", A RADIUS OF 55.00 FEET, SUBTENDED BY A CHORD BEARING N. 10029'31" E., 20.80 FEET; THENCE S. 63033'49" E., 52.99 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.023 ACRES MORE OR LESS. D �1Cf p .4 0- 11574 SIgtt OF V3 �FFF BEAO��� P.\2019\19428-MOVADO 9 CG\Survey\Drawings\Descriptions\19248-SANITARY SEWER LEGAL Legal.docx II Page 180 E #5. D'0F 1 051 551 09 W. OVERLAND RD. 16 IS i �l of PARCEL 1 � 989 S.F./0.023 AC,f N Z ` POB S 90°0000"W 631.70' 3 m io ism LINE TABLE LINE BEARING DISTANCE 1. U S 26°26'11"W 20.00' L2 N 6rM'49"W 47.28 011 Q L3 5 63°3349"E 52 99' x VCE! CURVE TABLE CURVE IARC LENGTH DELTA ANGLE I RADIUS CHORD BEARING CHORD LENGTH o11574 CI 20.93 2I4759" 55.00' N10'2991"E 20.80' ,a It OF ID u4 C0051 J F BEAD� SWRON2=% D'&P 11401LM PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# EMMETT ID 83617 19428 SANITARY SEWER CMG P: (208)398-8104 PROJECT# EASEMENT Alkak— F. (208)398-8105 EXHIBIT , S�wvToor� SHEET DATE` 512021 1-anW5urve11ar,LLC WWW.SAWI-OOTHLS.COM 1 OF 1 �� Page 181 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order 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 182 Item#6. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MAY 25, 2021 ORDER APPROVAL DATE: JUNE 8, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 34 AGE- ) CASE NO. FP-2021-0029 RESTRICTED BUILDING LOTS ) AND 9 COMMON LOTS ON 4.62 ) ORDER OF CONDITIONAL ACRES OF LAND IN THE R-15 ) APPROVAL OF FINAL PLAT ZONING DISTRICT FOR ) GODDARD CREEK TOWNHOMES. ) BY: SI CONSTRUCTION, LLC ) APPLICANT ) This matter coming before the City Council on May 25, 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 GODDARD CREEK TOWNHOUSE SUBDIVISION, LOCATED IN THE SE '/4 OF THE SW '/4 OF SECTION 26, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 4/8/21, by John S. Gletne, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Goddard Creek Townhomes—FILE#FP-2021-0029) Page 1 of 3 Page 183 Item#6. PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated May 25, 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 Sophia Durham, applicant representative, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Goddard Creek Townhomes—FILE#FP-2021-0029) Page 2 of 3 Page 184 Item#6. issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 8th day of June , 2021. By: Robert E. Simison 6-8-2021 Mayor, City of Meridian Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 6-8-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Goddard Creek Townhomes—FILE#FP-2021-0029) Page 3 of 3 Page 185 ►tem#s. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/25/2021 Legend DATE: � �� 0 OProject Location TO: Mayor&City Council ��,m rt-oWE�E-MLLt � ® FFM FROM: Joseph Dodson,Associate Planner ff 208-884-5533 -� �� _ R-8 SUBJECT: FP-2021-0029 C_G L-0 C-C ID5 L_0 Goddard Creek Townhomes i_RUFFF T - LOCATION: The site is located in the northwest corner C-N ®R-8 of W. McMillan Road and N Goddard RU.T� I0T FUF Creek Way, in the SE 1/4 of the SW 1/4 of R-4. Section 26, Township 4N.,Range 1 W. -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 186 Item#6. 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 187 Item#6. 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 188 Item#6. 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 189 Item#6. 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 190 Item#6. C. Landscape Plans (date: 5/17/2021) PLANT SCHEDULE sawn u 1 nnEo Wien uArvs ar R o Nri<L '✓�l "L' tea,"„°'.-,�.,.,,-.«,�,..,,,�,,, -�^�•�s�a u,� ;:pt.usa?.' a � L 'E ,tea•� � �L �� ��L� x ��I�� •P �m���p� .�� :e e � w� �� '����L --- � r °' _ z.e.- —__- - 9� .�a.�� sa,..M � wre.•r�a. max¢ °J O CITY oREQUIREMENTS PRE-PLAT __—_____ C O ��, • ��uuT�eno�a�euse�s. �� - E oI J' v \.k - — ,�� �— �� f- • � arm aa,wow- I�_ _ -�� .�_� E%•� _ o O �E®nrnrruoe1.ueaau®, '. C a —N ose a o c `� III °� La a ^�l"�O` (` YiGa 6Ex BinY.lf�EO c Do SITE DEVELOPMENT FEATURES O 11 s— q I ° mi- C LEGEND: _ Nr 93 P4 a W.McMILLAN RD. -=y° a SITE] `- \ LANDSCAPE PLAN .•...xv a xE VICINITY MAP L1�0 Page 6 Page 191 I ^ ` ' ~ ^ ^ ' Item#6. 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 193 Item#6. D. Common Drive Exhibit(Lots 12 and 22) w� a� z IiIIFF T F Imo_ i I _ E ---- -___ ____ .______ ----- • w s¢rw awns w rrfi I I � I ar _ Page 9 Page 194 Item#6. E. Emergency Access/Common Drive Exhibit W SELWAY RPIDS LN I I I I W APGAR CREEK L 0 E DRI EW Y EM ROE CY AC ESS EP EP EP EP W MCMILLAN RD EP— _ EP EP 30.0' 20.0' 5.0' 10.0' 1 0.0' 5.0' w w U Cn z VARIES VARIES z g 2%—4% 2-4% 0 2Y2" AS S PAVEMENT 9 4" 3/4" MINUS 10" PIT RUN EMERGENCY ACCESS SECTION —NTS— E g Title: LEAVITT&ASSOCIATES EMERGENCY ACCESS EXHIBIT ENGINEERS,INC. STRUCTURAL*CIVIL Z Owner: roject: 2 SI CONSTRUCTION GODDARD CREEK SUBDIVISION SURVEYING > 1016 W.SANETTA 1.�;.b Number: Scale: m NAMPA,IDAH083651 SD078.001 1"=100' PHONE:(208)283-7427 esigned by:DL Drew1 by:PDL Checked by:N JP 1324 FIRST STREET SOUTH, NAMPA, IDAHO 83651 r PHONE(208)463-0333/463-7670 FAX(208)463-940 Page 10 — Page 195 Item#6. 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 196 Item#6. 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 197 Item#6. 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 198 Item#6. 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 199 Item#6. Joseph Dodson From: Sophia Durham <sophia@congergroup.com> Sent: Tuesday, June 1, 2021 5:00 PM To: Joseph Dodson Subject: RE: Goddard Creek Final Plat Attachments: Goddard Creek Townhomes - FP-2021-0029 Staff Report.pdf External Sender-Please use caution with links or attachments. Joseph, I am in agreement with all conditions contained in the attached Goddard Creek Staff Report. Thank you, i CONGER GROUP # Sophia Durham 4824 W. Fairview Avenue Boise, Idaho 83706 208.336.5355 x4 sophia(a_congergroup.com From:Joseph Dodson <jdodson@meridiancity.org> Sent:Tuesday, May 18, 20219:37 AM To:Sophia Durham <sophia@congergroup.com>; Adrienne Weatherly<aeatherly@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org>;Ted Baird <tbaird@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org> Subject: Goddard Creek Final Plat Hello, Attached is the staff report for the final plat for Goddard Creek Townhomes. This item is scheduled to be on the consent agenda at the City Council work session on May 25, 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. Sophia, please let us know if you are in agreement with the conditions in the staff report. Public Works did not re-review the changes but so long as the revised plans are sent in with the LD-RSUB application and the final plat signature application there is no need to change the conditions of approval at this time. Thank you, Joseph Dodson Current Associate Planner City of Meridian Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 t Page 200 LZm#6. E III !n_ 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 201 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for 3175 N. Ten Mile (H-2020-0122) by Mason & Associates, Located at 3175 N. Ten Mile Rd. Page 202 Item#7. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER In the Matter of the Request to Rezone a 1.16 acre property from R-4 to the L-O zoning district commensurate with a provision within the Meridian Comprehensive Plan for the purpose of constructing an approximate 10,000 square foot office building in lieu of residential development and a Development Agreement Modification to replace the existing agreement(Inst.#111024535) and enter into a new agreement to develop the site consistent with the proposed development plan, by Mason&Associates. Case No(s). H-2020-0122 For the City Council Hearing Date of: May 25,2021 (Findings on June 8,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) - I - Page 203 Item#7. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 25,2021, 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 Rezone and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 25, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) -2- Page 204 Item#7. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian 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 25,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) -3- Page 205 Item#7. By action of the City Council at its regular meeting held on the 8th day of June 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 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3175 N.Ten Mile Rezone—FILE#H-2020-0122) -4- Page 206 ►tem#�. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/25/2021 Legend DATE: -- ® ® 0 Project Location ' TO: Mayor&City Council a FROM: Joe Dodson,Associate Planner " -:--___ 208-884-5533 SUBJECT: H-2020-0122 6 3175 N. Ten Mile Rezone LOCATION: The site is located at 3175 N. Ten Mile ® EL Road,the southwest corner of the Ten Mile and Ustick Road intersection, in the NE 1/4 of the NE 1/4 of Section 3, 5.1 Township 3N.,Range 1 W. M F �® I. PROJECT DESCRIPTION Request to rezone a 1.16 acre property from R-4 to the L-O zoning district commensurate with a provision within the Meridian Comprehensive Plan for the purpose of constructing an approximate 10,000 square foot office building in lieu of residential development and a Development Agreement Modification to replace the existing agreement(Inst. #111024535)and enter into a new agreement to develop the site consistent with the proposed development plan,by Mason&Associates. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.16 Future Land Use Designation Medium Density Residential(3-8 du/ac) Existing Land Use(s) Vacant land Proposed Land Use(s) Commercial—Office Lots(#and type;bldg./common) One(1)building lot Phasing Plan(#of phases) Proposed as one phase Neighborhood meeting date;#of October 7,2020—1 attendee and 1 letter received attendees: History(previous approvals) AZ-10-005 (ACHD Ten Mile);DA Inst.#111024535 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Page 1 Page 207 Item#7. Description Details Page • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Two accesses are proposed,both to the adjacent Arterial Hwy/Local)(Existing and Streets—Access on Ustick is limited to a Right-in only by Proposed) ACHD;Access to Ten Mile is proposed as a right-in/right- out access. Stub Street/Interconnectivity/Cross No stub street connections are available due to site location Access and existing development. Cross-access is not feasible or proposed. Existing Road Network Yes Existing Arterial Sidewalks/ Existing sidewalk;buffer is not properly vegetated currently Buffers Proposed Road Improvements No road improvements are proposed or required. Fire Service • Distance to Fire Station 0.5 miles from Fire Station#2 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Accessibility Proposed project meets all required access,road widths,and turnarounds.If right-in only access is removed,Fire desires it to become an emergency-only access. Police Service • Concerns None Wastewater • Distance to Sewer Services N/A • Sewer Shed Ten Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.08 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed • Services are installed to site from W.Niemann Drive from the West. Water • Distance to Services 0' • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns •There is no water infrastructure shown in this application. •There are two existing water stubs:one to the north off of Ustick;and one to the east off of Ten Mile.Any stub that is not used is required to be abandoned. Page 2 Page 208 1 1 1 Mill 1■I■■■ , ; . • - • • • ES ME■• •III ��■■■ • - • • • id �' r in Ii s f � 111111 ��■ - .-a��- J r CyYl31_ry17 yl�■■1� w 1 \ uAS,:J-U�1AS � ■ 1■r■r` �11 \ _fir � �- USTICK - ■■■■■n " USTICin •� -� IN nu■■■r.E■r SEES■■■■■1 AIJ�■■■■■-�. ��■■■■ ' s ' • �� � _ (� �'y � �-i= �A� v � � +h��*-' �.., ■1■■■■■■r —� ■E■.� ■■■ w SEES SEES a 1■: ►� No ■' w--" ■■■1 SEES■ "e �_• ■■■If IN��■■--.■ SOMEONE . 5 ■ Erb 0 1 - - o - • is ii it ! r � ■ ■■ ■ter • / w r \ ,y•_ .',. - • - • ■ , - • - • �11111 1■1111 �MENso 11 �I w��11„■:EIII■111■ � 11 1111E� I AIII � �111■ n■■■ -�■■■■1 I■:1 iiii■we 1 E u `�■1■11■1■11■■ ,, N ;;milli �r■■111■111■i � 1 ununnr+,l �♦ - Iw 111■111 ■ ' � I� J■�I SEES■ ►� , i■iiiiiii■� �1 e� SEES■ ■■IA 11 ■■■ ■ ■11 unollr r11u.r,USTIC-� pn on �•r1m ■ n■ ��I Y unnli IE rgn■.r. 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NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 3/12/2021 5/7/2021 Radius notification mailed to properties within 500 feet 3/9/2021 5/4/2021 Site Posting 3/20/2021 5/7/2021 Nextdoor posting 3/9/2021 5/3/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /e compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject site is somewhat of a residentially zoned outparcel due to the fact it located on a hard corner of two arterial streets and has no local street access to be utilized. The Meridian Comprehensive Plan has a provision to allow properties less than two acres in size(subject site is 1.16 acres) that have the access constraints to request a Rezone from a residential district to the Limited Office (L-O) district. The existing site constraints and this provision of the comprehensive plan are the reasons for the Rezone request. The L-O zoning district and office uses are not inherently allowed or compatible within the MDR future land use designation. However, with the allowed provision, office uses may occur with added requirements that deal with mitigating any noxious uses or incompatibilities of having an office near single-family residential. The Applicant has submitted a site plan that shows compliance with all dimensional standards for a commercial development and within the L-O zoning district. With the proposed site plan and proposed use of a dental office (a principally permitted use within the L-O zoning district)Staff finds the proposed Rezone and use to be generally consistent with the Meridian Comprehensive Plan. Part of the site design shows a landscape buffer adjacent to the abutting residential which is a requirement of the existing Development Agreement(DA)for the subject site. This DA was required when the property was annexed into the City for ACHD in 2010.As Staff analyzed the subject application and site history, Staff realized that a Development Agreement Modification is also required due to the original DA being for a residential development and not a commercial development. Therefore, the proposed Rezone and office use are not generally consistent with the existing DA. DA Modifications only require Council action so,following the Commission hearing the Staff recommends the Applicant submit a DA Modification application to run concurrently with this Rezone application for the purpose of entering into a new DA, subject to proposed development plan and new DA provisions in Section VULA below. The Applicant has submitted a concurrent DA Modification application since being heard at the Planning and Zoning Commission hearing; as noted above, the new DA provisions are provided below in Section VIII.A1. Stafffinds the proposed project and site design to be generally consistent with the Comprehensive Plan. Page 4 Page 210 Item#7. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices" (3.07.01A). The proposed commercial project sets the building as far away from the existing residential as is physically possible. In addition, the Applicant is showing the required landscape buffer adjacent to the existing homes to the south and west. Because of the proposed layout and landscape buffering, the proposed building and use should be compatible with the surrounding residential uses, especially after Staffs recommended revisions discussed in later sections regarding the fencing and landscape buffer width. "Establish and maintain levels of service for public facilities and services, including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site,per Public Works comments. This project also lies within the Fire Department response time goal by being within half a mile of a Fire Station. School capacity is not a factor in a commercial development. A project of this small size should not impact the abutting transportation corridors but the Applicant's proposal to utilize an entrance that is part of a turn-lane for the main intersection is not supported by code. Staff finds that the existing development of the immediate area and proposed use create conditions for adequate levels of service to and for this proposed project. "Support the inclusion of small-scale neighborhood commercial areas within planned residential developments as part of the development plan,where appropriate."(3.06.02A). The proposed use directly abuts residential homes but has no shared accesses with these homes. However, there is easy pedestrian access to the proposed dental office from the adjacent subdivisions via the local and arterial sidewalks. Locating a neighborhood commercial use like that of a dental office near residential with easy pedestrian and vehicle access meets the intent of this comprehensive plan policy. "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D). With the proposed building elevations showing a 22'high building at its maximum and the required landscape buffer to the adjacent residential uses, the proposed use should be integrated with the existing neighborhood. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is maintaining the existing detached sidewalks along Ustick and Ten Mile and shows sidewalk connections from building entrance to the arterial sidewalks. The proposed pedestrian accesses should be adequate for the proposed use. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing a commercial development that places the building the furthest away from the residential it can be and proposes a 20 foot wide landscape buffer adjacent to the homes. The site design and landscaping should provide for a use that is complementary to the existing homes. Staff finds this development to be generally consistent with the Comprehensive Plan in order support the proposed office use. Page 5 Page 211 Item#7. C. Existing Structures/Site Improvements: There are no existing structures on site. Subject site has two water stubs to the property and a sewer service line stubbed to it from the west through a driveway located on an adjacent City owned property.No other site improvements are known at this time. D. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations of the proposed single-story commercial building. The submitted elevations show a single story building approximately 22' to top of plate in the area of the building that directly abuts the intersection; this area is meant to hold the corner of this intersection. The remaining portions of the building are approximately 17.5' in height. Overall the building is shown with varying parapet heights, a stone material banding along the bottom of the building,horizontal wall modulation, and a main field material that appears to be stucco. The south facing elevation also shows awnings and windows nearly the length of the building lending itself to a modern storefront feel. New commercial buildings require Administrative Design Review prior to building permit submittal so Staff will perform a more complete analysis of the proposed elevations at the time of that application submittal. Staff recommends the north facing elevation incorporate an additional field material to satisfy one or more of the architectural standards. E. Proposed Use Analysis: The proposed use is a dental office within a proposed commercial building approximately 10,000 square feet in size. This use is a permitted use within the requested L-O zoning district per UDC Table 11-2B-2. The existing DA provision that requires a 20'landscape buffer adjacent to the three existing residences to the south and west. The submitted site plan shows this buffer with adequate landscaping and therefore compliance with this provision.A number of the parking spaces are facing directly towards one of the homes and there is an existing wood fence located along the shared property lines. Because the proposed use would have more vehicular traffic than residential, Staff finds that the proposed landscaping and existing wood fencing may not be enough screening to mitigate light and noise pollution from the proposed dental office and parking lot. City of Meridian does not allow double fencing so if any solid fencing were to be required it would have to replace the existing fencing and may require this Applicant work with the adjacent homeowner if the fence is not owned by this land owner, convoluting the process and end result. The Applicant should work with the adjacent homeowners to replace the wood fencing with privacy vinyl fencing. F. Dimensional Standards(UDC 11-2): The proposed site plan shows compliance with all UDC dimensional standards per the submitted plan for the proposed L-O zoning district as outlined in UDC Table 11-213-3. The submitted site plan shows parking space at the required 19'depth and 9'width with all drive aisles being at least 25'wide to accommodate two-way traffic and adequate space for emergency services. In addition, the main drive aisle in the center of the site is at least 41'wide which is well beyond the required width. As noted above, the Applicant is showing the DA required 20'landscape buffer but Staff believes there is a better use of the site area when the drive aisle width is also considered. For example, to further mitigate any issues with the proposed office use and parking spaces abutting the residential homes, the Applicant could widen the landscape buffer that abuts 3079 N. Firelight Place (the home at the southwest corner of the site). The Applicant could widen this buffer to 30' Page 6 Page 212 Item#7. wide and pull the proposed parking spaces even further from the fence. Increasing the buffer width and therefore requiring additional landscaping is a better alternative to replacing the existing fencing. Staff recommends that a wider landscape buffer be required to help minimize noise and light pollution. G. Access(UDC 11-3A-3, 11-3H-4): Access to the site is proposed via two connections to the adjacent arterials—one right-in only access is proposed to Ustick and one right-in/right-out access is proposed to Ten Mile. The proposed access to Ustick does not meet ACHD policies but was a negotiated access at the time the property sold. The proposed access to Ten Mile does meet ACHD policy and is recommended for approval by ACHD within their staff report. See their report in Section VIII.D for more detailed information on the ACHD site specific conditions of approval. Staff supports the proposed and limited access to Ten Mile Road commensurate with the approval from ACHD. In addition to the access to Ustick not meeting ACHD policy, the City can restrict access for the development further despite ACHD previously granting the access with the sale of the property. The proposed access to Ustick is proposed as an entrance only into site but there would be no true way to restrict vehicles from utilizing it as an exit as well. In addition, this access point is directly within a right-hand turn lane on Ustick which furthers the safety issues associated with this access point. Therefore, through UDC 11-3A-3,Staff recommends the proposed Ustick access not be approved and instead utilize it as an emergency only access barricaded with knockdown bollards, to be approved by Meridian Fire. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6B for nonresidential uses. Commercial uses require 1 space for every 500 square feet of gross floor area. The Applicant's submitted site plan shows a total of 42 parking spaces which exceeds the 20 spaces that are required at a minimum for the proposed building size of approximately 10,000 square feet. I. Sidewalks(UDC 11-3A-17): 5-foot wide detached sidewalks are existing along both arterial streets(Ustick and Ten Mile)in accord with UDC 11-3A-17 and ACHD standards.No changes to these sidewalks are required or proposed. The Applicant is also showing sidewalk connections from the front of the building to the arterial sidewalks, as required by code. Stafffinds the existing and proposed sidewalks meet UDC requirements. J. Landscaping(UDC 11-3B): The Applicant is proposing landscaping regulated by three code sections due to their locations, Buffers Along Streets, Parking Lot Landscaping, and Landscape Buffers to Adjoining Uses (UDC 11-3B-7, 11-3B-8,& 11-3B-9,respectively). The Applicant is proposing a 20'landscape buffer to the abutting residential uses as required by the existing Development Agreement. However, the requested L-O zoning district also requires this buffer per the dimensional standards of the zone.As noted in Section V.F, Staff recommends this buffer be enlarged to 30'to place the proposed parking spaces further away from the residences. The proposed parking lot landscaping appears to meet UDC requirements as outlined in UDC 11-3B-8. The submitted site plan does not show landscaping between the existing detached sidewalk and back of curb. This area of the site is also required to be landscaped in Page 7 Page 213 Item#7. accord with UDC 11-3B-7. Staff is recommending a condition of approval to correct this with the CZC submittal. K. Pressurized Irrigation(UDC 11-3A-I5): The Applicant is required to provide a pressurized irrigation system for the required landscape buffers in accord with 11-3A-15. This irrigation will provide for healthier and sustained landscaping that is an integral buffer between the proposed use and the existing residences. VI. DECISION A. Staff: Staff recommends approval of the requested Rezone and Development Agreement Modification per the recommended DA provisions in Section VII and the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 1,2021. At the public hearing,the Commission moved to recommend approval of the subject Rezone request. 1. Summary of Commission public hearing_ a. In favor: William Mason,Mason&Associates—Applicant Representative; Stephen Rankin,Neighbor, b. In opposition:None C. Commenting: William Mason; Stephen Rankin. d. Written testimony: One (1)piece-discussing potential of noise and light pollution to adjacent residential; mention of a desire to require the Applicant replace the existing wood fence with an 8-foot CMU block wall. e. Staff presenting,application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Concern over the location of the access to Ten Mile being too close to the existing residence to the south. 3. Key issue(s)of discussion by Commission: a. Fire access concerns, if any,but specifically to the recommended reduction in drive aisle width to approximately The kind of uses that could reside within building beyond a dentist office; Different options of mitigating noise and light beyond wideningtquired landscape buffers adjacent to residential; 4. Commission changes)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s)for City Council: a. None C. The Meridian City Council heard these items on May 25, 2021. At the public hearing.the Council moved to approve the subject Rezone and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Jessica Petty.Applicant Representative/Architect:Vincent Rigby. Applicant/Owner. b. In opposition:None c. Commenting: Jessica Petty:Vincent Rigby-:Alexis Rankin.neighbor; Stephen Rankin neighbor. d. Written testimony.None since Commission meeting. e. Staff presenting application: Joseph Dodson,Associate Planner Page 8 Page 214 Item#7. f. Other Staff commenting on application:None 2. Key issue(s) of public testimony: a. Location of proposed access to Ten Mile and its proximity to the existing residence directly south of the subject site: b. What options are there to move this access further north: 3. Key issue(s) of discussion by City Council: a. Clarification on proposed use allowed hours of operation per zoning request, and if other uses may be allowed within the same building: b. Is Staff amenable to an increased buffer along the southern boundary consistent with Staff s existing recommendation along the southwest boundary: C. How can access to Ustick be constructed and restricted in order to prevent patrons from exiting to Ustick: 4. City Council change(s)to Commission recommendation: a. Modify condition VIII.AI.a to allow it as an entrance-only access and include appropriate and adequate signage for the entrance only access from Ustick and to work with ACHD and Planning Staff on the appropriate curbing to restrict this access safely_ b. Modify condition VIII.AI.d to note the 30-foot buffer shall be adjacent to the south boundary and the existing home abutting the southwest corner of the site: Page 9 Page 215 Item#7. VII. EXHIBITS A. Rezone Exhibit and Legal Description Professional Engineers,Land Surveyors and Planners S 1 924 3`d St. So. Nampa, ID 83651 AS 1 S O C a L E S �ra c. Ph(208)454-0256 Fax(208)467-4130 e-mail:dholzhey_@masonandassociatesm FOR: McCarter-Moorehouse JOB NO.:AU1920 DATE: October 15,2020 PROPERTY DESCRIPTION A parcel of land being a portion of Government Lot 1 of Section 3,Township 3 North,Range 1 West East,Boise Meridian,Ada County Idaho,more particularly described as follows: Commencing at the northeast corner of Government Lot 1,said corner being S 89'07' 06"E a distance of 2640,66 feet from the NIA of Section 3; Thence N 89'07'22"W a distance of 285,88 feet along the north boundary of Government Lot 1; Thence S 00'23' 5 1"W a distance of 61.00 feet to a point on the northerly right of way of Ustick Road; Thence S 89'07' 22"E a distance of 30.12 feet along the northerly right of way of Ustick Road to the POINT OF BEGINNING; Thence S 89'07'22"E a distance of 167.57 feet along the northerly right of way of Ustick Road; Thence S 47'20'44"E a distance of 42.40 feet along the northerly right of way of Ustick Road to a point on the westerly right of way of Ten Mile Road; Thence S 00'24'09"W a distance of 275.57 feet along the westerly right of way of Ten Mile Road to a point on the northerly boundary of Firelight Estates; Thence along the northerly boundary of Firelight Estates the following courses and distances; Thence N 89'36' 15"W a distance of 113.16 feet; Thence N 00'23' 51"E a distance of 110.07 feet; Mason & �ssociatas/"_t Professional Engineers,Land Surveyors and Planners Page 1 of 2 Page 10 Page 216 Item#7. Thence N 89'07' 59"W a distance of 85.77 feet to the northwest corner of Lot 8 Block 2 of Firelight Estates; Thence N 000 23' 5 1"E a distance of 194.72 feet along the easterly boundary of Lot 2 Block 5 of Englewood Creek Estates Subdivision No. 1 extended to the POINT OF BEGINNING. This parcel contains 1.16 acres more or less. SUBJECT TO:All existing rights of way and easements of record or implied appearing on the above- described parcel of land. NIL LA ST ®�TF OF tVP NOI:L�1ti Mason �. Associates Imo= Professional Engineers,Land Surveyors and Planners Page 2 of 2 Page 11 Page 217 Item#7. PARCEL EXHIBIT A PART OF THE NE 114,SECTION 3,T.3 N.,R. 1 W",BM MERIDLAN,IDAHO 2020 0 50 100 200 Scale: 1"=100' NW Corner N114 Corner Government NE Corner Section 3 S89'06'50"E Lot 1 S89'07'22"E Government USTICK ROAD N89'0.88' ]034.38' i ------ Lot 1 1320.39' 285.88' � i S89'0T22_E L2 p ——167.57 ' r� �oARF I Fo" i g i Z W I I ti 1,T1� Parcel Line Table o I°' PARCEL 5 zl 11.16AC. o Line j Length Direction 3 1 of I• N �D L1 61,00 So'23'51"W L2 30.12 S89'07'22"E N89'07'59"W 85,77� I w � i hIp � .V I LEGEND z i p N893695"W p SE Comer p CALCULATED POINTGov 0 FOUND BRASS CAP MONUMENT 113.16 Lotemment ® FOUND ALUMINUM CAP MONUMENT Qp FOUND 5/8"IRON PIN __— DEED LIME SECTION LINE McCARTER MOOREHOUSE PARCEL EXHIBIT No. AU1920 vroreeaionsr ergmeevs, o ^'a AU1820 1111 n Lend Surveyme ason fy_ &w/-' — SCALE: 7"NO, REV. Q 1/{55OGIatCS ONsaxsaAe °�zi r�eLB eoorc No. p�g�arsp�j m,in DRAWN BY. DATE. CS f 0/30/2020 Page 12 Page 218 »m#z B. Concept Site Plan ------ - - -? I ' m. USQ CK RO © 5 I @ � $? — �• �j � � \ I � a» ( I `#�\ I � E I __ ' + § ■*' . e e ._.� ._ L,- j e , » z w � I �¥\ }10, + ko I I {�$ --------- ,} I 0 � : 9 � I � r3 I N � C5I — SAMM r,:7 � Page !a �7 2g Item#7. C. Conceptual Building Elevations NONE =� P in 0 v N 0 II .,o�imkiv N O N O _ ._,...,.,r, ..A.,a ..... 004 Page 14 Page 220 Item#7. U 1 I � q EJU -E 3 f I ❑I❑ E 0 �J I I I I I I I I I I I I I I I I I I I I I I I :. -J--III-I------I-IJJ--L-I-I-I---I-_I-J---L--I---L-I_-I---.I-I-J---L-J--- ❑ 0 0 f� T F ti ❑❑ AL m ❑ ❑ ❑s Page 15 Page 221 Item#7. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Prior to the City Council hearing,the Applicant shall apply for a concurrent Development Agreement Modification application to run concurrently with this Rezone application and replace the existing Development Agreement. At a minimum the following DA provisions shall be included in the new DA: a. Show the access to Ustick as an emergeney entrance-only access and include appropriate signage and striping to inform patrons that it is not an exit for the site: work with ACHD on any allowed curbing within the right-of-way to help ensure this access is for ingress only; b. The proposed access to N. Ten Mile Road shall be limited to a right-in/right-out only access; c. At the time of Certificate of Zoning Compliance application submittal,the landscape plan shall show landscaping between the detached sidewalks and the back of curb abutting the adjacent arterial streets,Ustick and Ten Mile Roads,per UDC 11-313-7; d. Show the required landscape buffer adjacent to the existing residential uses to be 30 feet wide instead of 20 feet along the southern boundary and the southwest boundary adjacent to parcels R2833240190 and R2833240180,respectively; e. The allowed uses on the subject site shall be limited to professional services,personal services, and healthcare and social services. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There is no water infrastructure shown in this application. There are however two existing water stubs, one to the north off of Ustick Road, and one to the east off of Ten Mile Road. Any stubs that are not to be used will need to be abandoned per Meridian Public Works Standards. 1.2 Sanitary sewer service is available in W.Niemann Drive to the West. 1.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). By entering into a development agreement with the City of Meridian,the applicant agrees to use the City of Meridians recycled water supply as the source of irrigation water. Further,the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review,the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the irrigation source of water, a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality(DEQ)recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts. Page 16 Page 222 Item#7. 1.4 A street light plan will need to be included in the final plat and or building permit application. Street light plan requirements are listed in section 6 of the City's Design Standards. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. Page 17 Page 223 Item#7. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 18 Page 224 Item#7. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=224336&dbid=0&repo=MeridianC Lty D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=224863&dbid=0&repo=MeridianC Lty- IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing, review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to rezone the property from the R-4 zoning district to the L-O zoning district and subsequent development is consistent with the Comprehensive Plan, if the applicant complies with the requirements outlined above. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the proposed use comply with the applicable regulations, specifically the purpose statement of the requested L-O zoning district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, if the applicant complies with the requirements outlined above. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable)is in the best interest of city. Not applicable; application is for a Rezone. Page 19 Page 225 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Compass Pointe Subdivision (H-2020- 0100) by A-Team Land Consultants, Located at the Southwest Corner of E. Victory Rd. and S. Locust Grove Rd. Page 226 Item#8. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 7.69 acres of land with a request for the R-15 zoning district; a Preliminary Plat consisting of 37residential building lots and 10 common lots on approximately 4.69 acres of land in the R-15 zoning district; and,Alternative Compliance to connect a private street directly to an arterial street,by A-Team Land Consultants. Case No(s). H-2020-0100 For the City Council Hearing Dates of: 3/23/2021, April 27, 2021, and May 25,2021 (Findings on June 8,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing dates of 3/23/2021, April 27, 2021, and May 25, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing dates of 3/23/2021,April 27,2021,and May 25, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing dates of 3/23/2021, April 27,2021, and May 25,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing dates of 3/23/2021,April 27,2021, and May 25, 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 denial 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(Compass Pointe Subdivision—FILE#H-2020-0100) - I - Page 227 Item#8. 7. That this denial is subject to the Findings in the attached Staff Report for the hearing dates of 3/23/2021,April 27,2021,and May 25,2021, incorporated by reference. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat, and Alternative Compliance are hereby denied per the Findings in the Staff Report for the hearing dates of 3/23/2021,April 27,2021, and May 25,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Compass Pointe Subdivision—FILE#H-2020-0100) -2- Page 228 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 dates of 3/23/2021,April 27, 2021, and May 25, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Compass Pointe Subdivision—FILE#H-2020-0100) -3 - Page 229 Item#8. By action of the City Council at its regular meeting held on the 8th day of June 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 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Compass Pointe Subdivision—FILE#H-2020-0100) -4- Page 230 ►tem#s. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/23/2021,April 27,2021, and May 25. Legend _ M:HTR DATE: 2021 Project Location ! TO: Mayor&City Council ; FROM: Joe Dodson,Associate Planner _ 208-884-5533 SUBJECT: H-2020-0100 ®� Compass Pointe Subdivision ® _4' LOCATION: The site is located at 3247 S. Locust ®K: Grove Road, in the NE 1/4 of the NE 1/4 ofmr— Section 30, Township 3N.,Range 1E. Ffi - I. PROJECT DESCRIPTION This project was heard by the Planning and Zoning Commission on December 3,2020 and the Commission recommended denial of the proiect to the Meridian City Council. Following this recommendation, the Applicant made a request to the City Council to be remanded back to P&Z with a revised plat and open space pursuant to comments made within this staff report and by Commissioners. The City Council agreed with this request and remanded the proiect back to P&Z. The main changes made by the Applicant following the recommendation of denial are related to the number of residential units proposed, the road layout, the amount of usable open space, and no longer requesting a Planned Unit Development. In addition, the Applicant is no longer requesting a Planned Unit Development.All revisions are discussed and analyzed below in subsequent sections and delineated by strikethrough and underline changes throughout the staff report. • Annexation and zoning of 7.69 acres of land with a request for the R-15 zoning district; • Preliminary Plat consisting of 4-9-3-8 37residential building lots and q 10 common lots on approximately 4.69 acres of land in the R-15 zoning district; • Alternative Compliance to connect a private street directly to an arterial street; • Planned Unit Development to r-eduee the Year-setbaek of the R 15 zening distr-iet for-a peftion of by A-Team Land Consultants. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 7.69 acres Future Land Use Designation Medium Density Residential Pagel Page 231 Item#8. Description Details Page Existing Land Use(s) County Residential Proposed Land Use(s) Attached single-family and townhomes Lots(#and type;bldg./common) 5749 47 total lots—49 38 37single-family residential;and 910 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 4838 37 total units—483433 single-family attached of units) townhome units and 4 single-family detached units. Density(gross&net) Gross—6-.24 4.94 du/ac.;Net—4-3-.4 9.82 du/ac. Open Space(acres,total 338 3.72 acres total—2-.84 3_4 acres of qualifying open [%]/buffer/qualified) space(or approx.35.6844.2%qualified accordingto o the submitted open space exhibit)much of the qualified open space is the creek and landscape buffers Amenities 3 amenities Climbing rocks for children,walking loop, and shaded picnic area. Physical Features(waterways, Tenmile Creek runs along the western property boundary hazards,flood plain,hillside) with most of its easement on this property.Portion of the property within the easement shows area of flood hazard. Neighborhood meeting date;#of September 8,2020; 1 attendee. attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section VIII.H • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Proposed access is from S.Locust Grove,an arterial. The Hwy/Local)(Existing and Proposed) proposed access is via a new private street and all internal roadways are proposed as private streets. Stub Street/Interconnectivity/Cross No stub streets are proposed due to site constraints. Access Existing Road Network E.Victory Road and S.Locust Grove Road,arterial streets, are existing with 2 travel lanes. Existing Arterial Sidewalks/ No Buffers Proposed Road Improvements No road improvements are proposed by the Applicant due to all abutting right-of-way to the subject site being scheduled for widening by ACHD.The intersection of Locust Grove and Victory is to be a roundabout in 2022-23 with Locust Grove Rd.being widened to 5 lanes north of the intersection and Victory Road being widened to 3 lanes on either side of the intersection by 2025. Fire Service • Distance to Fire Station 1.5 miles from Fire Station#4 • Fire Response Time Proposed development falls within the 5 minute response time goal. • Resource Reliability 77%(below the target rating of 80%) Page 2 Page 232 Item#8. Description Details Page • Risk Identification Risk Factor 2—Residential with hazards; current resources would not be adequate to supply service to this project due to nearby waterway if a water emergency were to occur. • Accessibility Proposed project meets all required access,road widths, and turnarounds. The project will be limited to 30 homes until the entire emergency access to Victory Road is constructed. Police Service • Distance to Police Station 2 miles • Response Time Estimated response time of 4.5 minutes(Goal of 3-5 minutes) • Accessibility MPD has no concerns with access into this development; the MPD can service this development if approved. • Additional Comments Between 8/1/2019 and 7/31/2020,MPD responded to 636 calls for service within one mile of this proposed development.The crime count on those calls was 79. Between 8/1/2019 and 7/31/2020,MPD responded to 30 crashes within 1 miles of this proposed development. West Ada School District • Distance(elem,ms,hs) No comments submitted. • Capacity of Schools • #of Students Enrolled Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.98 • Project Consistent with YES WW Master Plan/Facility Plan • Additional Comments N/A Water • Distance to Water Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with YES Water Master Plan • Impacts/Concerns • See the attached water markup for more details; •Connect water main north to Victory Road; •At the end of Navigation Road provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout. This will be used for a future water service to the roundabout used by Parks for landscaping. 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IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 1�'�20 01/29/2020 3/5/2021 Radius notification mailed to properties within 500 feet "1�'�20 01/26/2020 3/2/2021 Site Posting 1/ 02/01/2020 3/10/2021 Nextdoor posting 1 4W2 01/26/2020 3/4/2021 V. COMPREHENSIVE PLAN ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciU.or /g compplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed annexation area is an undeveloped corner of land with existing medium density development to its west and east across Locust Grove. Specifically, this parcel of land is at the southwest corner of Victory Road and Locust Grove Road. There is existing City of Meridian zoning to the west, east, and northeast located at the northeast corner of the same intersection. All existing development most adjacent to the subject site is zoned R-8. There is a large county zoned parcel directly to the north of this site that has not yet received development approval but has two streets stubbed to its western property line so no access will be taken to Victory or Locust Grove. In addition, its future land use designation is Low Density Residential(LDR)dictating that it will likely have less density than this site. The proposed land use of attached single-family residential, and townhomes would be a new type of dwelling in this immediate area and is therefore consistent with policies noted in the Comprehensive Plan for all residential future land use designations, including Medium Density Residential(MDR), to contain different types of dwellings. MDR, as noted above, also allows gross densities of 3-8 units per acre; the Applicant haste revised this project to reduce the number of units with and is now proposed with a gross density of 4-.24 4.94 du/ac. Staff finds that the proposed project meets the density requirements of the Comprehensive Plan. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section LVA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed R-15 zoning and proposed land use of single family attached and townhomes would be a new dwelling type in the immediate area surrounding this development. R-8 zoning abuts the subject site to the south and west and across Locust Grove to the east. This policy, and the comprehensive plan, calls for a variety of Page 5 Page 235 Item#8. housing types in any one geographical area. So, adding 48 units of a different product type to the area shows congruency with this comprehensive plan policy. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01A). The Tenmile Creek runs adjacent to this property on its western boundary and the entirety of its 100'easement is located on the subject site. Because of this, the Applicant has proposed to utilize this area as a natural open space and place a 5-foot wide path adjacent to the easement. In addition, the Applicant is proposing sidewalks adjacent to the internal private streets with connections to the path along the creek and out to Locust Grove and Victory Roads. These connections create a continuous walking path through the development creating easy pedestrian and bicycle access within and out of the proposed development. Despite the Tenmile Creek qualifying as open space per the UDC, it is the majority of the proposed open space and is not an active open space area. The Applicant has not been able to enter into a license agreement with the irrigation district to beautify the creek but code does allowfor this ivate�qvqy to notes that this is one of the waterways encouraged to be left natural. There are other small pockets of open space within this development that the Applicant has enlarged since the first Commission meeting that can accommodate active uses and the Applicant has chosen to place them throughout the project to encourage use by all future residents;eu-ly one three of these areas is are large enough to be qualified open space(meets the 50'x 100' requirement). Despite the inclusion of a large area of qualified open space in terms of percentage of the site, Stafffinds theme revised project and reduced unit count utilizes the laekingin usage proposed open space more than the previous layouts and is in better alignment with this op -icy. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity" (6.01.0213).Due to the triangle shape of this parcel and its location being constrained directly by the Tenmile Creek and two arterial streets, strict compliance with this policy is not feasible. There are no streets (public or private)stubbed to this property and this parcel also cannot stub to any other parcel due to these constraints. The Applicant is only proposing one access for the development and is locating it as far away from the intersection as physically possible. Despite not being able to comply with this policy, Staff appreciates that only one access to an arterial is proposed. The access to Victory Rd. is for emergency access only. "Require all new residential neighborhoods to provide complete streets, consistent with the Transportation and Land Use Integration Plan."(2.02.01 C). The Applicant is not proposing to construct complete streets with this development and therefore does not comply with this policy. Instead, the Applicant is proposing to construct private streets at their minimum standard width of 24 feet but with 5-foot attached sidewalk on one both sides of the street along the main access road, shown as Compass Lane on the submitted plans. Both ACHD and the Applicant believe private streets are the preferred street type in this development because there is no opportunity for road connectivity to adjacent parcels due to the site constraints outlined above. The Applicant is not required to construct private streets and public streets would be accepted by the highway district if proposed as compliant with their standards. However;public streets require more right-of-way than private streets and if this were to be constructed with public roads instead, a redesign of the project would be required and would likely result in a large reduction in building lots and usable land. "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is Page 6 Page 236 Item#8. provided."(3.03.03). The proposed development and use adhere to the vision established by the underlying future land use designation in that it should offer an additional housing option for the immediate area.Attached single-family and townhomes are permitted uses in the R-I5 zoning district. In addition, all infrastructure extensions will be paid for by the Applicant and not the taxpayers. "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00). The proposed development is not like any of the detached single-family homes adjacent to the subject site and this distinction is encouraged in the comprehensive plan in order to offer different housing options at different price points and to different types of home buyers. The open space within the development has been improved by being lamer than previous layouts and should also be more usable due to the Applicant proposing ten (10) fewer units than previously may leave .emet'ing to be esir a but In addition, the development has landscape buffers (both natural and otherwise) on all three sides of the development to minimize any conflict that may arise from having an attached product in an area dominated by detached single-family homes. M men,�The Applicant is also proposing only one access to the development which should help minimize traffic impact on adjacent streets, especially once the arterial network surrounding this development is widened and improved in the coming years. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives. VI. UNIFIED DEVELOPMENT CODE REVIEW A. Planned Unit D&velepment-.- The Applieant is r-equesting to eenstpaet this s4division as a Planned Unit Development(PU-D) in line with UDC standards and findings (UDC 11 7). PUD's ha-ve speeifie pur-pose statements-, standafds, a-ad findings that the Applieant should meet in order-to gaffler-an approval. The proposed pr-ejeet fneets the appheability requirements and the following purpose statements should also be eemplied with; Staff analysis is in italie-si A. The pwpese of the planned nait d&velepnient(PUD)requirements is to provide eppei:timity for-exemplafy site development tliat meets the following objeetives: Preserves > ; The en&e western ptWerty boundary of the sffbjeet site is made up of the Tenmile Creek and its easement-. The,4ppUeant is ehoosMg to kwve this watenwy in its nahitwl state to preserve its 2. Allows for-innovative design that er-eates vistially pleasing and eehesive pattems o development(including,but not limited to,residential development at densities greater-than 9 nnits per-aer-e where design pidelines afe in plaee for-development and where gar-age densisy greater than 8 ffnits per aere(appFoximately 13 dm1ae) after area is repnovedfir ereek easement to be non buU&ble and should be rmovedfrom the densil�y ealeida he genetwl Onee this orea is removed-, fhe density is 8-.6 units per aer,-, helping to mee this design mquirepnent-. The ne�density is higher than that of the iminediak* sur-roHnding neighbor-hoods beeause of this but the site will be buffered on all thpee side firom adjaeent subdivisions preeisely beeaffse of the site eonstraints whieh should help mitigate a presented by the higher-deff Page 7 Page 237 Item#8. Aspresented-> the overall site design is laeking ipf hmovatioif, units ape garage dominate jvhieh does not meet thePUD standoMm. Ilowever-,Staff has sethaek Peqiiest only appheable tofive(5) ifnits instead of 17 and allow these Hnits to be the,R 15 zoning distr4etfor afley loaded units. Seeondfy-, onee these tinits beeome alley loaded-, they shouldfrow on the internal miero path that is already proposed between ean look andfeel modern while maintaining a smaU eommunityfeel and offep adequate open sp- aee-. of the Pepopt below Pegarding open spoee, , 3. Cfeates ftinetionally integrated development that allows for-a more efficient and eost the requirement to offer adeqHate vehietilar aeeess to the site.As noted-, the site eonstmints severely Untit the point of aeeessfop this development to the one loeatioll the site-. However-, this intemeetion shoHld be eonst-ptieted and inippoved with a milld the road andpedeshian network with a more effieient tr-qffie pattern and adequate roa B. it is not the intent that the PUP proeess be used solely for-the pur-poses of deviation from the dimensional standards in the distr-iet.Pr4op to ineopporating the meonintende additional ehanges as disetfssed above, the one speetTwirequest made by the,Whean ,Wheant4 intent op)Wnetion to do this only to have a largep home on thepmposed Iwo.- Appheont states that Mis sethaek PeUef is needed to provide the innovoth-e pFoduef t"e, pedestrian eipeidation, and street layow while maintaining eontpUanee with e R MS and sidejv Bloek 3. The standards preser-ibed within the PUD eode are as follows; Staff analysis is in itaUes: A. General Use StandaFd-&. Page 8 Page 238 Item#8. Regulations", of this title may be appr-oved. The exeeption is that along the per-iphel=y o the planned development, the applieable setbaeks as established by t4e distr-iet shall not be eontain pen)9hery lots due to the odd triangle shape of the subjeet sit&. TheAppliean eentmi to the developm-nt. making a Pequest in fine with this standard so Stafffind-s it not appUeable in this eas-e. 3. inter-eafifieeted Uses: The uses�,N,ithin the platified unit development afe ifitefeefineeted- thfough a system of roadways and/of pathways as appfopfiate. Pfivate stfeets and serviee drives may be permitted, if designed and constmeted to the transportation atithofity 1. Deviations From Under-lying Distr-iet Requir-ementsi Deviations ffefo t4e developm Pr-ivate Street Requir-ements", of this title. The subjeet site is pro posed to be eonstrueted with private streets that appear-Mo paths-. Ilowever-, the omoHnt of Hsoble open spoee and housing"es within otom Hsoble open spaee, an additional housing"e in thefom of ofley loaded hoines, sensitive afeas in the natw-al state, or-to eansolidate small open spaoes into lafger-,fneFe usable areas for-eommon use and enjoyment. BHikhngs within the development ar of eighty (90) squafe feet of private, usable open spaoe shall be pfovided fof residential-Emit. This r-e' * .be satisfied throtigh per-ehes,patios, deeks, an show eomphanee with this standard by gpaphieagy depieting the dintensions of th Page 9 Page 239 Item#8. G. Residential Use St naafds. "Distfiet " , of this title,multi family d-wellings may be an allowed use when appr-e-ved through a pla*ned tmit 2. Housing T"es: A variety E)f housing t-�Tes shall be ineluded within a single planfie development, ineluding attaehed units > > detaehed units (patio homes), single family and multi family tmits,regardless of the distriet elassifieation o the site,pfevided that the evefall density limit of the distr-iet is maintained.As noted theApplieant needs to inehide an additional housing Ope that is more dontinant than thefew remnant unit types noted-.As diseussed above,-Staff reeommends the eentm 12 units of dif-ftrmt type than the gatwV dontinated townhomes euiwndy proposed-. Mqjvevei�> > additional eondWons be ineluded that inerease or deerease one or more other hous types in this development-. 3. Density Fomi�dla� Residential density in a plafmed development shall be ealettlated by ffmitiplying the net ftsideatial area(gfess aer-eage less the area of nonfesidefitial uses)b the maximum"mbef of dwelling tinits per-aer-e allowed for-the distfiet in whieh the site-ffii pittent but believes the ereek easement should be mmovedfirom the density ealeuladon as M&a use&signadon but Shfff is only using M&ealeidadon to show eompUanee with the 4. Density Bonus.! A fesidential density bei+us may be given for-dedieafiens of!a-nd fe publie use stieh as sehaal,park, fire station E)r-r-eefea4ienal f4eility provided to the p4he example, if ten per-eea4 Skiff Peeommends shall be ten pefeent ) of the total pr-opefty is being dediemed,the density befms ). However-, in no ease shall the beaus exeeed tkVefity f4Ve pefeef4 bonus;Stafffmds this standard not affUeable in th&ease. statements and standaMs Ueablefor this pmjeef rf- the,AWheaw makes the revisions B. Private Streets/Access: Access for this development is proposed via a private street connection to S. Locust Grove in the southeast corner of the site aligning with E. Coastline St. on the east side of Locust Grove (the access into Tradewinds Subdivision). All private streets appear to meet UDC dimensional standards for width,number of units, and turnarounds. Because the site is a triangle shape, bordered on two sides by arterial streets and on one side by the Ten Mile Creek, there is no opportunity for connectivity to any adjacent site and so ACHD prefers private streets within the development. Consequently, because private streets take less right-of-way than public streets and most notably because of the constraints just noted,-L the Page 10 Page 240 Item#8. Applicant agrees with this assessment and has proposed private streets throughout the development. City code requires that private streets are to be used in either a mew or gated development and so this Applicant has proposed neith to construct a gated entry into the development with the revised layout. beeeme alley loaded garages off of the pi-ivate street by requesting to eliminate the required parking pad through theN i;equest. Onee theAppliewit does this, the units ean be 19ushe eommon lot and beeome a mew. Thus, the develeptnent would inelude a mew and meet the The access point into the development does not meet ACHD district policy but they are modifying their policy to accommodate access into the development because this is the best place for an access to a residential development. This is largely because of the site constraints already outlined above. The Applicant is proposing to construct private streets that are 24'wide with 5' attached sidewalk on ene both sides of the main private street t reughe the pr-e e t and on one side of the other two private streets within the development. Staff supports the proposed inehtsien of tyre sidewalk layout on one side to ensure adequate pedestrian access in the development except Staff believes an additional pedestrian connection to Locust Grove is necessail from near the center of development. Since the Commission meeting the Applicant has also revised the street layout to have the main street bend and meander through the site. This desi nn offers some natural traffic calming and also changes where setbacks are taken from because setbacks are measured from the back of sidewalk. On the submitted site plan (Exhibit VIII.E) the Applicant has not appeared to take full advantage of these varying setback lines. Therefore, Staffisis recommending a condition of approval that the Applicant vary the build-to-lines throughout the development to eliminate any monotonous wall plane; this should occur with every other structure showing a diLferent wall plane. At the north end of the main street within the development(labeled as Compass Lane on the landscape plans) the Applicant is proposing an emergency only access to Victory Road. This access is required if more than 30 homes are to be constructed. Staff is not aware of the kind of emergency access proposed but Meridian Fire prefers bollard type accesses for added efficiency in emergency situations;Meridian Fire has approved the requested preliminary plat for fire access, turnarounds, and road widths. Page 11 Page 241 Item#8. Near the center of the development the Applicant is showing a hammerhead type turnaround because that dead-end street is longer than 150'and therefore is required to have a turnaround for emergency vehicles. Since the hammerhead does not take up the full length of a buildable lot, the Applicant is proposing the rest of that lot to be a small area of open space. WWh&ate beeente par4 of the tar-ger eommon open Vaee mew lot. Further ana4wis is below in the Op Vaee To remove the need for this hammerhead and the incentive to use this turnaround as parkin spaces, Staff recommends revisions to this area of the site. The Applicant should connect the two private streets shown as Galileo Road and Navigation Road along the eastern property line, as shown below. This requires the applicant to remove two building lots and revise � I \ e the plat and all other plans to show this connection. However, if these two roads connect, there is no need for the hammerhead turnaround and the small proposed open space area at its terminus and the Applicant could then add a unit to that lot resulting in a net loss of one unit. Staff finds that this recommended revision makes for a more complete road network and allows better circulation within the site for both residents and emer eenncy services. As noted, the Applicant is now proposing to construct this development as a gated community to meet the Private Street Standards. According to the revised preliminaryplat, the Applicant is proposing the gate to be located approximately 130'into the private street access and after a set ofguest parking, spaces. Sta(fappreciates the desire of the Applicant to add additional guest parking but these parking spaces should be removed in lieu of a turnaround area so that anyone who may pull into this private road on accident has the ability to turnaround safely. This is needed because private streets are too narrow to safele turnaround within its 24 feet of ri h�t-o - way. The Applicant should remove these 3 guest spaces and show a turnaround area in this area instead. Page 12 Page 242 Item#8. C. Existing Structures/Site Improvements: There appears to be an existing home on the propertyi this building will be demolished at the time of development, according to the Applicant. There are no other site improvements known at this time. D. Proposed Use Analysis: The proposed use is attached single-family and townhomes which are listed as principally permitted uses in the R-15 zoning district per UDC Table 11-2A-2. There is one are four detached units proposed and a better mix of duplex and triplex style townhomes shown on the revised plans for elesest to the eat-- nee of the development. As discussed in the comprehensive plan section above, the proposed use of attached single-family homes would be a new type of residential use within almost a square mile in every direction of this development. So long as the Applicant complies with the recommended conditions of approval, including those regarding the road layoutadding an alley, loadedproduet op Staff finds that the proposed use will be a welcomed addition to the City of Meridian and add more housing options in this area of the City. E. Dimensional Standards(UDC 11-2): The proposed lots and the private streets appear to meet all UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages, and road widths for the requested R-15 zoning district.Note: The City of Meridian does not have maximum lot coverage or floor area ratio requirements so proposed homes can theoretically more living area than proposed lot area or be close in area. prepesed IoAq iviMin Me subdivision. This is the enlyrequest the,�ppkeant is making that w adjHst the requhvd dintensional z9fandard-s. If thePUD request is appreved-, then all lets will be in In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). Stafffinds the proposed project meets these standards. F. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached and attached dwellings based on the number of bedrooms per unit. Future development should comply with these standards.No parking plan was submitted with the application. The proposed street sections(29 24 feet wide with attached sidewalks) of the private streets within the development,shown on the submitted preliminary plat, CANNOT accommodate parking on either side of the street. The entirety of the private streets will be required to be labeled as `No Parking,"per the Meridian Fire recommendations. Each unit will be required to meet the off-street parking standards and Staff encourages the developer of this site to include provisions within their HOA bylaws that prohibit garages being used as storage. This would help alleviate some of the parking issues seen throughout the City and especially in areas where no on-street parking is allowed. The PUB-Site Map submitted by the applicant appears to show compliance with the parking standards with a two-car garage for each unit and a parking pad. we k4 lose theirj9a4dngpad through a P1,D ivquest to eliminate that requirement as hloit'P-4 Page 13 Page 243 Item#8. The Applicant is also showing guest parking alone the main private street to total 9 additional parking Spaces (does not include the 3 spaces outside of the entry gate that Staff is recommending be removed in lieu of a turnaround area). Lot 3, Block 4 is proposing 6 guest spaces within an open space lot that is not quali Being because it combines remnant areas that Staff does not find meets UDC open space standards. Because of this, Staff encourages the Applicant to add additional guest spaces in this area to better utilize the area. G. Pathways(UDC 11-3A-8): No multi-use pathways are proposed or required with this development because the required multi-use pathway is already constructed on the west side of the Tenmile Creek on an adjacent parcel. This Applicant is proposing a 5-foot wide pathway on this side of the creek and behind the proposed homes. This pathway connects to the private streets at the southern end of the project and thru the common open space lot located midblock on the west side of the site. This pathway also continues north and connects to the required sidewalk along Victory Road creating a continuous pedestrian circulation path for the development. H. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along at least one side of all internal lee4_private streets. Sidewalks are not required when constructing Private Streets. There is no existing sidewalk along Victory Road or Locust Grove;and none are proposed with this project because both arterial streets are scheduled to be widened as part of the roundabout project at this intersection in 2021-22, according to ACHD, as stated above. Detached sidewalks are required along arterial roadways per UDC 11-3A-17. The Applicant has already agreed to dedicate additional right of way to ACHD for the roundabout and future widening of Victory and Locust Grove.ACHD is requiring the Applicant to road trust for the sidewalk improvements as the roundabout and associated improvements will likely be constructed prior to construction of this site. In addition, this will ensure any improvements made by the Applicant will not have to be removed to make the planned roundabout improvements. Therefore, Staff is recommending that the Applicant comply with the ACHD conditions of approval for the arterial sidewalks instead of constructing them with this project. As discussed, the Applicant is proposing 5-foot attached sidewalks on at least one side of the internal private streets to accommodate better pedestrian access through the development. Staff recommends that Me&e all sidewalks and every expected pedestrian crossing be constructed with pavers, stamped concrete, or similar to clearly delineate the sidewalks from the driving surface and to subsequently help with pedestrian safety. In addition, Staff is recommending that with the recommended road layout changes the Applicant add an additional sidewalk connection to Locust Grove to improve pedestrian accessibility to the arterial sidewalks. Page 14 Page 244 Item#8. I. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to E. Victory and S. Locust Grove because they are arterial streets. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 25-feet wide. In most cases this common lot should also contain the detached sidewalk required along all arterial roadways but in this case the sidewalk abutting this site will be built with the ACHD roundabout project. The submitted landscape plan and preliminary plat depict a 25 foot wide landscape buffer; the correct number of trees appear to be shown on the submitted landscape plans (see Section HIT C). However, there is no landscape calculations table as required by code. The Applicant shall be required to submit revised plans that include a calculation table depicting the linear footage of the landscape buffers, the required number of trees, their common name and their scientific name, the class of tree, and the dimensions of the tree canopy at maturity; each type of shrub proposed to be used should also be included in the calculations table. the trees.shewn abNtting the inter-nal VMwte streets will be able te be 191aeed there. This eeneem water and sewer main leeatiens�e aUeviate th&is-sue by redueing the everall wid4h ef th easement. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space is not included because there is no Landscape Calculations table on the submitted landscape plans demonstrating compliance with UDC standards. However, Staff can graphically see that the open space lots are vegetated according to UDC standards. Still, the Applicant will be required to add a calculations table with the recommendation noted above and revise the landscape plan to show the addition of the mew between Lots 2-14, Block 2 as recommended by Staff. The proposed pathway located behind the homes and adjacent to the Tenmile Creek is also required to be landscaped with a tree every 100 feet per UDC 11-3B-12. However, the Applicant did not include a 5-foot wide landscape bed on either side meant for the required trees. The Applicant will need work with the irrigation district to obtain a license agreement to include at least 5 feet of landscaping on one side of this pathway. Otherwise, the Applicant will need to apply for Alternative Compliance with the Final Plat submittal so show an equal or better means of compliance with this requirement. J. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required.According to the property size of 7.69 acres,the Applicant should supply at least 0.77 acres of qualified open space, or approximately 33,500 square feet. The applicant is proposing 3.2591 acres of open space, of which 2-84 3.4 acres is shown as qualifying open space on the s4mitte revised open space exhibit(see Section VIII.D). Some of the area listed as qualifying open space by the Applicant does not meet UDC standards due to their size not being at least 5,000 square feet or being near the 50'x 100'dimensions. Once this area is removed, the qualified open space proposed is 2.6897 acres-d the Applicant should revise the open space exhibit to correctly label the qualified open space b removing Lot 23, Block 1, Lot 1, Block 2, Lot 4, Block 3, and Lot 3 Block 4. Afere the Page 15 Page 245 Item#8. The open space for this development is vastly made up of the Tenmile Creek easement(2.12 acres) and the arterial street buffers (19,J&,k158 square feet of qualifying area).All of this area is qualifying but the Tenmile Creek will be left natural(no improvements) and will be a buffer and more of a visual amenity than usable open space for the development. Abutting the creek and generally mid-block, the Applicant is proposing an open space lot that is approximately 5,4- 700 square feet. This open space lot contains one set of the amenities and a micro path that connects the private street to the pathway along the creek. This open space lot and micro path offers a clear connection to one of the other miere paths in the develepment tha runs beA�,een the homes in the eenter of Me development an the attached sidewalks throughout the development and an additional open space area centrally located within the development. ise the open spaee ealeulations to show this additienal eommon open Vaee lot eontaining the mew between Lets ' 4 lee ' In general, the Applicant has increased the usable open space areas throughout the site following the Commission's recommendation of denial and comments regarding a desire to have more usable open space. With the reduction in unit count and additional centralized open space, Sta finds the proposed open space not only in excess of code requirements but also an improvement from previous layouts. K. Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat, 7.69 acres, a minimum of one (1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed four(4) qualifying amenities in multiple locations: gazebos, seating around small plazas, climbing rocks, and walking paths. The proposed amenities exceed the minimum UDC requirements and Staff finds them to be applicable for a community of this kind due to the variety of activity levels they can accommodate. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is shown on the landscape plan along the subdivision boundary and around the central open space lot along the western portion of the site but no other fencing is shown. Fencing shown next to any open space shall be open-vision or semi-private fencing per UDC requirements. According to the Applicant, the exclusion of fencing between homes is purposeful despite the homes being a for sale product. The Applicant intends for the open areas between homes to be a more shared space than what is normal within a subdivision. a niewfep seme ef Me units lends itself te Mis design as.Me units weuk4fi�nt en the mew an Fencing is not required in these areas so Staff has no conditions regarding this. However, there should be open-vision fencing along the western edge of the pathway adjacent to the Tenmile Creek to ensure the safety of pedestrians, especially children. Staff is recommending a condition of approval to show this additional fencing. M. Building Elevations(UDC 11-3A-19 1 Architectural Standards Manual): The Applicant has submitted sample elevations of the attached,triplex, single-family homes for this project(see Section VIII.F). The submitted elevations show all two-story attached structures with two-car garages and imil finishing materials of wood and stone. In addition, the elevations show modern architecture designs with shed roofs, second story patios with glass railings, and stone accents that go the full height of the proposed homes. Staff has also not received elevations for the en Page 16 Page 246 Item#8. detached homes but detached homes do not normally require design review; if the Commission or Council determine design review is needed for these detached units, Staff recommends an added condition to require the entire property obtain design review as a blanket condition. 1fai-the e duple i-t. However, attached single-family homes require design review approval prior to building permit submittal and at that point, Staff will ensure compliance with the Architectural Standards Manual. The submitted elevations for the townhome units appear to meet the architectural standards but with the design review application for the site, the Applicant will be required show additional styles and colors for these units. In addition, Staff recommends the Applicant provide a different design for the units fronting on the recommended mew. VII, DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement, and the preliminary plat, and plaimea „„it deve ,,..men with the conditions noted in Section VIJI.A per the findings in Section IX of this staff report. The Director has approved the private street and alternative compliance applications. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation, Preliminary Plat, and Alternative Compliance requests. 1. Summary of Commission public hearing a. In favor: Steve Arnold,Applicant Representative, b. In opposition: Rhonda Unruh,neighbor; Stan Unruh,neighbor;John Buckner,neighbor; Julie Edwards; Galen Mooso,neighbor; C. Commenting: Steve Arnold, d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application:None 2. Key issue(s) public testimony a. Density of project and additional traffic that would be added to the adjacent intersection and streets; b. Does the project comply with the comprehensive plan in that it is a different We of residential than the surrounding residential area; c. Proposed density is high-density residential when adjacent neighborhoods are not—in fact,the proposed project is not high density according to the City's definitions and comprehensive plan. 3. Key issue(s)of discussion by Commission: a. The density of the revised project following the loss of 11 building lots; b. How do the latest revisions (showing staff s recommended changes)affect the project; C. Clarification on how the project meets the Private Street findings; d. Review of the changes that have occurred followingthe he original recommendation of denial by the P&Z Commission; e. Staff s level of concern with the Applicant's recommended changes to the conditions of approval; f. Timeline of the ACHD roundabout and road widening projects being sooner than previously. anticipated. 4. Commission change(s)to Staff recommendation: a. Modify Conditions VIII.A.Le and A.3.f to strike"sidewalk"from those conditions; b. Add additional guest parking spaces along the common areas; Page 17 Page 247 Item#8. c. The Applicant work to provide an easement for a future mass transit stop along_its perimeter. 5. Outstandingis for City Council: a. A few of the conditions of approval regarding_ the preliminM plat and landscape plan were not revised and presented to Staff at least ten(,10)days prior to the Council hearing—However,the remaining issues can be handled prior to submittal of the Final Plat. C. The Meridian City Council heard these items on March 23,2021,April 27,2021, and May 25, 2021.At the public hearing.the Council moved to deny the subject Annexation and Zoning and Preliminary Plat requests(the other requests are Director level and were approved by Staff: these approvals are null and void following the overall denial by City Council). Multiple hearings were held on this project due to the City Council pause on annexations while the state legislature decided on new legislation;the three hearings are condensed and captured in this singular hearing summary. 1. Summary of the City Council public hearing: a. In favor: Steve Arnold.Applicant Representative; b. In opposition: A number of people spoke out against the proposed project:please see the public record and meeting minutes for the specific names. c. Commenting: See above note. d. Written testimony: More than 120 entries of public testimony were submitted against this project from September 2020 to May 25,2021. Please see the public record here for those comments. e. Staff presenting application: Joseph Dodson,Associate Planner. f. Other Staff commenting on application: Bill Parsons,Planning Supervisor 2. Key issue(s) of public testimony: a. Density of project and additional traffic that would be added to the adjacent intersection and streets: b. Does the project comply with the comprehensive plan in that it is a different twe of residential than the surrounding residential area; C. Proposed density is high-density residential when adjacent neighborhoods are not—in fact,the proposed project is not high density according to the City's definitions and comprehensive plan. d. Desire for Meridian to take a pause on growth altogether—at a minimum only approve "smart growth." 3. Key issue(s) of discussion by City Council: a. Review of the changes that have occurred following the original recommendation of denial by the P&Z Commiss. b. Location of sidewalks and any parking_proposed within the project despite not being_ required by code for Private Streets: C. How is no on-street parking enforced if the streets are private instead of public— d. Meridian PD has jurisdiction to issue parking tickets for violation even on private streets: e. What are the plans and the timeline for the ACHD roundabout project at Locust Grove and Victory—does Staff have concerns with this timeline and the associated widening adjacent to the subject site: f. What is the proposed timing of the development in relation to the ACHD roundabout project for the purnose of knowing whether the traffic issues at the adjacent intersection will be mitigated or not: Page 18 Page 248 Item#8. g_ Probability of ACHD allowing an additional access to Victory to help with the traffic and ingress/egress concerns presented by members of the public: h. With timeline of the ACHD roundabout project not set in concrete and its current delay. the existing and worsening traffic concerns at Locust Grove and Victory,and with no other access points allowed by ACHD, should the City annex the subject property at this time and add additional traffic to this area of the City,• 4. City Council change(s)to Commission recommendation. a. Council denied the project so no changes were noted. Page 19 Page 249 Item#8. VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map a DAVID EVANS AND ASSOC I ATES INC DESCRIPTION FOR COMPASS POINTE SUBDIVSION REZONE&ANNEXATION The following describes a parcel of real property lying within the Northeast Quarter of the Northeast Quarter(NE1/4 NE1/4),Section 30,Township 3 North,Range 1 East,Boise Meridian,City of Meridian, Ada County,Idaho being more particularly described as follows: BEGINNING at the northeast corner of said NE1/4 NE1/4;Thence,along the east boundary line of said NE1/4 NE1/4,South 00'14'11"West,1070.48 feet; Thence,departing said east boundary line,North 30"12'47"West,1235.02 feet to the nortFi boundary line of said NE1/4 NE1/4; Thence,along said north boundary line,North 89'42'20"East,625.91 feet to the POINT OF BEGINNING, containing 7.69 acres more or less. l �w F 0 13 x sF r a 1oP e� P.SULL��P Page 20 Page 250 Item#8. 625.91 n89°4220"e Title: Date:05-19-2020 Scale: 1 inch=200 feet File:COMPASS POINTE SUB REZONE ANNEXATION.des 'tract 1: 7.690 Acres: 334998 Sq Feet:Closure—s72,0359w 0.00 Feet Precision>1/999999: Perimeter—2931 Feet 001=00.1411w 1070.48 003=n89.4220e 625.91 002=00.1247w 1235.02 Page 21 Page 251 Item#8. EXHIBIT MAP OF COMPASS POINTE SUBDIVISION RE—ZONE & ANNEXATION A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 30, T. 3 N., R 1 E., S.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2020 E VICTORY RD N $9'42'20" E 625.91'7h PLS 8444 NE COR, SEC. 30 FOUND 1/2 REBAR FOUND BRASS CAP 28.95' WC I \ I 00 p O w� 2 � 7 O �p 7.69 ACRES± I O a o N. I FOUND 5/8 REBAR ILLEGIBLE 1"=200' DAVID EVANS o _ Q ANoASSOCIATES INC. a 1 4 6 0 9179 W Black Eagle Dr 'tc9 ��19 D Boise Idaho 7 ° Phone: 208-585-5858 s F F►oP�e� qNP SU1L�`1P Page 22 Page 252 B. Preliminary Plat(dated: 11/2/2020IQt ism,,- 2/l8/2021)II 12� D 1202 A 12 F 2 LLj HIM'- Lill al Mid q Jl� M n Page 23 Item#8. C. Landscape Plan(dated: ' 12/20201/2, 0-2 2/18/2021)"Tarr n 12M2OV D al a 7 � y � _ � j u J w � e o , I �i Page 24 Page 254 Item#8. D. Open Space Exhibit(dated: ' 1 02i202n, 2 02 2/18/2021)NOT APPROVED or x 0 — � f F U \ CO z w N ° z am \ \F \F w � ❑ \ w d O = of z O _ -- U Page 25 Page 255 E. Site Plan—'TUD Map"(dated: 11,102/20201,12442424-2/18/2021)INCII: A 12M2 OVER a q F I F V t il L-I I A \C �\ \ J\ �� ` z�u 3' N up I'A Page 26 Item#8. F. Conceptual Building Elevations WHITE CLOUD COLOR OPTION 1 - F' `4V'� STtDICS .�s ....._..��,..... MORE. w ll LL x�aw O Rm�� COLOR OPTION 7 - _ -- - - —RF'm 42 Q COLOR OPTION 9 Mn COLOR OPTION 447:1- 1p 3a f u3 AhTeAMrm ■ COVER SHEET ■ - . tee WHITE C—D sTUDios ® ® �LL X (;w j 6) z Q F lJ mal �a N-_�tK a�, W 13 0 on j) m r. 0 � y MIMI 111111 ® e� 0-1 ELCVAYIONe Page 27 Page 257 Item#8. WHITE GLO'Jn STucaos COMPASS POINTE CONTEMPORARY MODERN aoT.aE.�E.o 2 BEDROOM 2112 BATH DUPLEX DUPLEX M�.s°.� 1689 50 FT W o' - z }} }; IL Q r } U i Telm _ E WHITE GLOWP STUDlor — W _ 1 U ELEVATK** C;a'=,�a� s Page 28 Page 258 Item#8. WHITE CLOUD S TUD�IOS COMPASS POINTS COLOR OPTION 1 3 BFDROOM 2 112 BATHROOM - 1951 90 FT 2 BEDROOM 2 112 BATHROOM TRIPLEX - Ia55 SQ 1=T w 0 z o T '�'• TAN STUCCO SIDING- Q 17 u. I i , cove SWEET WHTE CLOUD 5TUDI L:3- ----- d)J Q OOP U E SYA=! AA 201 u Page 29 Page 259 Item#8. WHITE CLOUD STUDIOS COMPASS POINTE CONTEMPORY MODERN 3 BEDROOM 2 1/2 BATHROOM DUPLEX Me SQ FT. W - o OfjW 0 0 TePM covm B"m 0�30> u1HITE GLOIIn sruvlos O iU O - m.o� z27 m z fj�}W U �. TeAM sELEYAYION6 Page 30 Page 260 Item#8. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved Preliminary Plat,PUD NUpafte Plan, Landscape Plan, and conceptual building elevations for the development, especially the attached single-family dwellings, included in Section VIII and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to E. Victory Road and S. Locust Grove Road shall be prohibited. d. The entire frontage improvements along E.Victory Road and S. Locust Grove Road shall be completed with the first phase of development except for the required sidewalks,per the conditions of approval by ACHD. e. All sidewalks a-ad-pedestrian crossings within the subdivision shall be constructed with pavers, stamped concrete,or similar to clearly delineate the pedestrian pathways throughout the development and to add to the character of the private development. f Lots 2 14,Bleek 2 shall ha�ve redtieed par-king standards to inelude only th-e required two (2) gar-age spaees pef the Planned Unit Development request. 2. The Appheant shall r-evise their-Planned Unit Develepmea4 r-eqttest to! 1)r-edtiee the lots being asked for-a r-ear- yar-d sethaek relief, 2)r-equest an elimina4ion of the par-king-pad r-equir-emefft of the off s#eet pafkiag standards (UPC 11 3C 6) for-Lots 2 >Bleek > ifielude a mew at least 20 feet wide between these lots to meet the PUD and Private Str-ee standards. 3. At least ten(10)days prior to the City Council hearing,the preliminary plat included in Section VIILB, dated 1111 02QO201/21/2021, shall be revised as follows: a. R&vise note#4 to list the biiilding lots that have a r-edueed r-eaf yafd sethaek per-the PUD request(Lots 2 121,,,,E '21 0 1. Devise the plat t remove the guest a-ki outside of the gated eatfy a ifi to.,,l de et t,,.-,,.,,-,,,,,,,1 area. show Lot 71 721,,,.E 2 as Tot 4 721,,..E 2 t coffeet a labeling mistake e. Revise the plat to show Galilee Read and Navigation Read eenneet in the afea-,hewn-as Lots 7 & 8, Bloek 3. show Lots 2 14 as alley leaded hemes that fFent on the centfal MeA Page 31 Page 261 Item#8. hammer4pe-Add fellewinR the ewmeetion of Galilee and Navii4afiea Read. Lot 5,Block 2 as at least a 20 foot wide eoffffaen lot ereating a mew and een4aining the proposed fflier-0 path. f Revise the plat to show all sidewalks an expected pedestrian crossings to be constructed with pavers, stamped concrete, or similar to clearly delineate the pedestrian pathways throughout the development and to add to the character of the private development. g. Show additional guest parking on Lot-13,Block 24. 4. At least ten(10)days prior to the City Council hearing,the landscape plan included in Section VIII.C, dated l l/�201/21/2021 shall be revised as follows: a. Include a landscape calculations table that includes the following information at a minimum: the linear footage of the landscape buffers,the required number of trees,their common name and their scientific name,the class of tree, and the dimensions of the tree canopy at maturity; each type of shrub proposed to be used should also be included in the calculations table with the same accessory information as is required for the proposed trees. b. Show open vision fencing on the west side of the pathway abutting the Tenmile Creek; all fencing shall comply with the standards listed in UDC 11-3A-7. c. Revise the landseape plan to show the weemmeaded iayeut ehanges; any ehange landseape ealeula4ions shall also be r-efleeted in the ealeula4ioas table. d. leemiens to allevia4e this issue by r-edueing the over-all width of the titility easement. e. Show the required landscaping on the western side of the pathway abutting the Tenmile Creek per UDC 11-313-12. 5. , open spaee per-the standards in UDG 11 3 G 3 and per-the revisions r-eeefliffiefided by Staffi. 6. Future development shall be consistent with the R-15 dimensional standards listed in UDC Table 11-2A-7 for all buildable lots exeept for-these lots given o,l.,ee re thaek with. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit_except fer • 8. The Applicant shall comply with all ACHD conditions of approval as noted in Section IX.H. 9. The Applicant shall work with the Nampa-Meridian Irrigation District to obtain a license agreement to include a 5-foot wide landscape strip and the required landscaping(including trees)per UDC 11-313-12 prior to applying for the Final Plat application; IF the Applicant can prove this agreement could not be reached,the Applicant shall apply for Alternative Compliance at the time of Final Plat application submittal for the required landscaping. Page 32 Page 262 Item#8. 10. Administrative Design Review application is required to be submitted and approved prior to submittal of any building permit applications for single-family attached dwellings as applicable. 11. ,usable open spaee shall be pr-&vided for-eaeh d-welling unit; this r-e"ir-emeat ea-a be satisfied thr-ough per-ehes,paties, deeks and enelesed yards a few in UDG-11 7 4B. Future homes along the proposed"Compass Lane" shall provide variation in building setbacks to provide for an attractive streetscape; a master-plan depicting varying building setbacks shall be submitted with the required design review application(s). 12. The Ten Mile Creek that resides along the western boundary of the subject site shall be protected during construction. 13. The Applicant shall comply with and maintain all applicable standards for the proposed Private Streets as outlined in UDC 11-317. 14. "No Parking"signs shall be erected on both sides of the private streets throughout the development; coordinate with Joe Bongiomo of the Fire Department if you have any questions regarding this condition. 15. The pr-oposed development shall have a r-edueed r-ear- yar-d sethaek of no less than ten(10) fee fer-Lets 1 6,Bleek 3 per-the Planned Unit Development fe"est. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Connect the Compass Lane water main north to the water main in Victory Road. 1.2 At the end of Navigation Road,provide a meter pit for a 1"service and a 4"sleeve to the northeast at the proposed edge of the future roundabout. This will be used for a future water service to the roundabout for landscaping. 1.3 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A streetlight future installation agreement will be required for the streetlights on Locust Grove and Victory. Locust Grove and Victory are scheduled to be improved by ACHD and streetlights will be installed during the improvements. Contact the Transportation and Utility Coordinator for additional information. 1.4 The geotechnical investigative report prepared by SITE Consulting,LLC dated April 6, 2020, indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils, and that groundwater does not become a problem with home construction. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three 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. Page 33 Page 263 Item#8. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Page 34 Page 264 Item#8. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=216616&dbid=0&repo=MeridianC Lty Page 35 Page 265 Item#8. D. POLICE DEPARTMENT(MPD) https:llweblink.meridianci(y.oLvlWebLinkIDocView.aspx?id=216663&dbid=0&repo=MeridianC Lty E. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216459&dbid=0&repo=MeridianC Lty- F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancioy.org/WebLinkIDocView.aspx?id=216673&dbid=0&repo=MeridianC Lty G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=216532&dbid=0&repo=MeridianC Lty- H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancit E.org/WebLink/Doc View.aspx?id=217090&dbid=0&r0o=MeridianC Lty- X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to R-I5 and proposed residential uses are not consistent with the Comprehensive Plan, regardless of if all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of single- family attached homes which will contribute to the range of housing opportunities available within the City and especially in the area immediate to this site, consistent with the Comprehensive Plan, and the purpose statement of the residential district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment sheet will be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Page 36 Page 266 Item#8. Council finds the proposed zoning map amendment will fret result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is no-Lin the best interest of the City per the Analysis in Section VI. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, , is not in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Dan a', � n 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section IX of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section-T MX for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and approves of the project with specific conditions of approval relating to the scheduled road improvements adjacent to the subject site. Council finds the project would be detrimental to the public health, safety, or general welfare. 6. The development preserves significant natural,scenic or historic features. The Applicant is preserving the Tenmile Creek that resides on the subject property; therefore, Council finds the Applicant meets this finding. C. Private Street Findings: In order to approve the application,the Director shall find the following: 1. The design of the private street meets the requirements of this Article; Page 37 Page 267 Item#8. The design of the proposed private streets complies with the standards listed in UDC 11-3F- 4. See analysis in Section VI for more information. 2. Granting approval of the private street would not cause damage hazard,or nuisance,or other detriment to persons,property, or uses in the vicinity; and Staff does not anticipate the proposed private streets would cause any hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC I1-3F-4B. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan despite needing Alternative Compliance for its connection directly to an arterial street. With the constraints detailed and analyzed for this development, Staff finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable)is a mew or gated development. The proposed Fesid-ential development does not inehide a mew or gates. The Appheant Sha fthe eend;tions of apprev ' re aa' red*e The Applicant is proposing to construct the residential development as a gated community and so. Stafffinds this development in compliance with this finding. D. Alternative Compliance: In order to grant approval for alternative compliance to allow Private Streets directly off an arterial,the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private street and the UDC restricts access to both Victory Road and Locust Grove Road, arterial streets. There are no available local street connections to the subject property due to it being a triangle shape bordered on two sides by arterial streets and the other by the Tenmile Creek. Because the property is not served by public local street streets and any public street would not be able to be extended to any adjacent property, the Director finds strict adherence to the UDC is not feasible and approves the request for the private streets to directly connect to S. Locust Grove Road, an arterial street. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the development proposed by the applicant as a whole provides an equal or superior means for meeting the requirements in that it contributes to the unique character of the area and provides diversity in housing types available within the City. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties and will contribute to the character and variety of housing types in this area of the City. Page 38 Page 268 Item#8. shall,F. Planned unit Developmenti Upon meommendation f-Fom the eommission,the eouneil shall make a full investigation at the public hearing, review the application. in order-to grant a planned developmen request,the eouneil shall make the following findings� 1. The planned unit development demORStFates exeeptional high quality in site design through the provision of > continuous, development, visually related and funetionally linked patterns of street and pathway layout, and building design; 2. The planned unit developmentpreserves the significant natural, scenic and/or hist- k features; ,.t.,,,.1f ,.t,.,-eLs o/'the site ,. 1,,,;,,.,.p ,,,7 damage,3. The arrangement of uses and/or structures in the development does not eause ; Stfffffii4s Ho proof that the proposed tises a,-st-FHettires will eatise damage, hazat4, o 4. The internal street, bike and pedestf!ian eireulation system is designed for the effiei and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influenee upon the aetivities and Nnetions eontained within the development, nor place an undue bUFden upon existing transportation and otheF publie seFviees in surrounding area; If all eoHditioHs-of a f;, et; ;t7, t7 ,d„ elO It O Hd- park,5. Community facilities, such as a reereational, and dedicated open spnee aFeas NnetioRally Felated and aeeessible to all dwelling units via pedestrian and/or-bieyele- pathways; ;ts, ;tl; the ,.,1„i,; 6. The proposal complies with the density and use standards requirements in accord with ehftpteF tl 1t 7 Regulations , of this title; RegideiWab Page 39 Page 269 Item#8. 8. The planned unit development is in eOHfOFmanee with the eompr-ehensive plan. As.noted-in Seetien V of Mis-staff report, S4afffiw&Me development to be in eei*fomianee with the eomprehensiveplai*. Page 40 Page 270 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Foxcroft Subdivision (H-2020-0113) by Gem State Planning, LLC, Located Directly West of Ten Mile Road, on Both Sides of the Proposed Pine Avenue Extension and East of the Tenmile Creek Page 271 Item#9. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER A, In the Matter of the Request for Annexation of 23 acres of land with a request for the R-8 zoning district; Preliminary Plat consisting of 84 building lots and 31 common lot on 35.7 acres of land in the proposed R-8 zoning district and existing R-15 zoning district; and Conditional Use Permit for a multi-family development consisting of a total of 216 residential units on 12.74 acres in the existing R-15 zoning district,by Gem State Planning,LLC. Case No(s). H-2020-0113 For the City Council Hearing Dates of: 4/6/2021,5/11/2021,and 5/26/2021 (Findings on June 8, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) - I - Page 272 Item#9. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, 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 Annexation and Zoning,Preliminary Plat, and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing dates of 4/6/2021, 5/11/2021, and 5/26/2021, 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 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -2- Page 273 Item#9. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian 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 dates of 4/6/2021, 5/11/2021, and 5/26/2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -3- Page 274 Item#9. By action of the City Council at its regular meeting held on the 8th day of June 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 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -4- Page 275 ►tem#s. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 4/6/2021, 5/11/2021, and 5/26/2021 Legend � e � DATE: A 0 FElFroject Location TO: Mayor&City Council KUM FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2020-0113 I Foxcroft Subdivision � LOCATION: The site is located directly west of Ten Mile Road, on both sides of the proposed Pine Avenue extension, and east of the ' Tenmile Creek, in the E 1/2 of Section 10, �® Township 3N., Range 1 W. I. PROJECT DESCRIPTION • Annexation of 23 acres of land with a request for the R-8 zoning district; • Preliminary Plat consisting of 8-4 building lots and 31 common lot on 35.7 acres of land in the proposed R-8 zoning district and existing R-15 zoning district; and • Conditional Use Permit for a multi-family development consisting of a total of 216 residential units on 12.74 acres in the existing R-15 zoning district,by Gem State Planning,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 35.7 acres(R-15— 12.74 acres;R-8—23 acres) Future Land Use Designation Medium Density Residential&Mixed Use Community Existing Land Use(s) County residential and farm land;vacant R-15 zoning Proposed Land Use(s) Multi-Family Residential and detached single-family residential Lots(#and type;bldg./common) 1156 total lots—9 multi-family residential;-76 75 single- family lots;and 31 common lot. Phasing Plan(#of phases) Proposed as three(3)phases Number of Residential Units(type 2912 total units—-76 75 single family;216 apartment units of units) Density(gross&net) Gross(overall)—8.17 du/ac.;Net—18.3 du/ac. Gross per area:NW Block—3.35 du/ac.; SW Block— 3.28 du/ac.;NE Block(apartments)—16.95 du/ac. Pagel Page 276 Item#9. Description Details Page Open Space(acres,total 6.88 acres of qualified open space OVERALL [%]/buffer/qualified) (approximately 19.2%)—5.31 acres for 11-3G requirements(approximately 15%); 1.57 acres(69,123 square feet)proposed for 11-4-3-27(Multi-Family) standards. 18,360 square feet of private open space is proposed (approximately 85 square feet per unit)to meet specific use standards. Amenities 7 qualifying amenities— 10'multi-use pathway,pool, clubhouse,picnic areas,tot-lot,fitness facilities,and a pedestrian/bicycle circulation system. Physical Features(waterways, Tenmile Creek abuts the property along the entire western hazards,flood plain,hillside) boundary; some floodplain exists on site due to creek. Neighborhood meeting date;#of October 14,2020— 13 attendees attendees: History(previous approvals) R-15 portion of property—Ellensburg Subdivision,AZ-05- 051;PP-05-052;CUP-05-047.CUP and plat have long expired but zoning ordinance was approved. B. Community Metrics Description Details Page Ada County Highway District _ • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via connections to the extension of W. Hwy/Local)(Existing and Pine Avenue west from N.Ten Mile Road(arterial).Pine Proposed) will be extended by this Applicant and the adjacent Applicant on the south side of Pine from the intersection of Pine&Ten Mile west to the eastern boundary of the southern portion of this site.Access is proposed as 3 public street connections for the SF portion of the site and 2 driveway accesses for the multi-family site. Traffic Level of Service Ten Mile Road—Better than"E"(1.474/1,540 VPH) Pine Avenue(existing section only)—Better than"D" (182/425 VPH) Stub Street/Interconnectivity/Cross No public stub street connections are proposed.Applicant is Access allowing adjacent property to southeast to connect one of their private drives to a proposed public street connection on the south side of Pine Avenue.Applicant is also allowing an emergency only access near the southeast corner of the site for the benefit of this project and the adjacent project. Existing Road Network No(Pine Avenue exists on the west side of the Tenmile Creek) Existing Arterial Sidewalks/ Existing sidewalk along Ten Mile but no buffer. Buffers Proposed Road Improvements The Applicant,in conjunction with the Applicant of the property to the southeast,is proposing to extend Pine Avenue west from the intersection of Pine and Ten Mile to the Ten Mile Creek.This Applicant is responsible for the construction of Pine that this property abuts(approximately Page 2 Page 277 Item#9. Description Details I Page 1,650 feet)and construction of the vehicular bridge over the Tenmile Creek along the western property boundary. Distance to nearest City Park(+ 0.9 miles to Fuller Park(21.9 acres in size)by car; size) approximately 0.5 miles to Fuller Park via existing and planned pathway and sidewalk connections. Fire Service • Distance to Fire Station Approx. 1 mile from Fire Station#2 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 85%. • Risk Identification Risk Factor 2—residential with hazards(multi-family and waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds. Proposed phasing plan shall be adhered to;any changes in the phasing shall be approved by the Fire Department. Police Service • Distance to Station Approximately 4 miles from Meridian Police Department • Response Time Approximately 4.5-minute response time to an emergency. • Call Data Between 12/1/2019- 11/30/2020,the Meridian Police Department responded to 1,209 calls for service within a mile of the proposed development.The crime count on the calls for service was 111. See attached documents for details. Between 12/1/2019- 11/30/2020,the Meridian Police Department responded to 35 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) 0.1 miles to Chaparral Elementary 2.4 miles to Meridian Middle School 1.0 mile to Meridian High School • Capacity of Schools Chaparral Elementary 700 students Meridian Middle School— 1,250 students Meridian High School—2,075 students • #of Students Enrolled Chaparral Elementary—423 students Meridian Middle School— 1,022 students Meridian High School— 1,852 students Wastewater • Distance to Sewer Services NA • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.02 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Additional 16,555 gpd of flow committed to model. •Per minimum city requirements,all sewer mainlines and manholes outside of a paved roadway shall have at a minimum,a 14-ft wide compacted grave access roadway centered over the mainline.This condition can also be satisfied with a 14-foot wide paved surface. The pathway shown over the existing sewer along the north properties is Page 3 Page 278 Item#9. Description Details Page subject to this requirement,as well as manholes SSMH A2, SSMH A3,and SSMH A5. •Please redesign the sanitary sewer routing to eliminate the sewer mainline passing through the common driveway labeled as Lot 20,NW Block 1. Water • Distance to Services 0' • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns •Applicant shall be required to construct 12-inch water main in W.Pine Avenue to comply with"to-and-through" requirements. This new mainline shall connect to existing water mains at the west and east ends. •The water main in N.White Leaf Way near SSMH G5 needs to connect to the proposed water main to the east(Mile High Pines Sub). •The water main in W. Sugar Pine Ct.that currently dead- ends needs to connect to the proposed water main to the east (Mile High Pines Sub)in N. Side Creek Lane. Currently this dead-end does not meet fire flow pressure requirements. •There are a few water mains in the multi-family area that may have an opportunity to be eliminated. See Exhibit Section VII(I.)Water Markup for Areas of Possible Water Main Elimination. COMPASS—Communities in Motion 2040 2.0 Review Housing w/in 1 mile 3,801 Jobs w/in 1 mile 1,454 • Ratio 0.38—Indicates an employment need(ratio between 1-1.5 is considered healthy ratio) Farmland Consumed? Yes Nearest Bus Stop 0.8 miles Nearest Public School 0.1 miles Nearest Public Park 0.1 miles Nearest Grocery Store 0.5 miles Recommendations See agency comment section for link to full file. 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J.II:II!;� 'PINE 1]I .1OIIIIIIII 11111='-----: 11 a .,I• 1i - --. 11111_• :INII ' �• = _-�'W�- ^ 11111=._-��--11.11 �,' �" �� =111111 -�-�:�Q��' 1,, '+--! ■ IIn1=a:�=== 11111 ■1111■131 �Q� ����jjy�!,, IIIII 3 Illn �:�. '.� w .In II /nnn=3:C::alalllm � ,� i--1 Im—�•"•1 IIInI==eo�:unnnu � IIIR�VII-:Illt nnnnuunnulln����r,J-J\ J ' ul. IIIn�Vue■Int unnnuunnulnfNNE! - _ _ LI w ui FRANKL-Idi N - - 11111E11��I�III��,pF,RANKLIN �■ ■■u■ 1 n riJJr I nlnll/�i'I nnuu-=n ±A ■■m -iiiiinm 11 ' 1 Item#9. IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 1/15/2021 3/19/2021 Radius notification mailed to properties within 500 feet 1/12/2021 3/16/2021 Site Posting 2/3/2021 3/26/2021 Nextdoor posting 1/12/2021 3/17/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /e compplan) The subject project area contains two future land use designations,Mixed-use Community(MU- C)and Medium Density Residential(MDR),with the MDR designation taking up a larger area of the project, 12.1 acres and 23.6 acres,respectively. Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU- R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject project is located west of Ten Mile Road near the intersection of Pine and Ten Mile and its western border is the Tenmile Creek. The project has existing City of Meridian zoning and development to the west and north of the property consisting of R-8 zoning and detached single- family homes and R-4 zoning containing Fuller Park and Chaparral Elementary. South of the southern section of the project is the railroad easement for the historic Oregon Short Line RR; south of the railroad tracks is a 15-acre self-storage facility. Directly to the east/southeast of this project is a project that recently received approval by City Council for a mixed-use development consisting of 135 multi family units and three commercial pad sites.Across Ten Mile Road is existing commercial zoning and uses as well as a Church use. The project to the south/southeast has the MU-C designation which is also on a portion of the southern section of the subject project. The majority of the subject project contains the MDR designation. Future land use designations are not parcel specific and therefore, when a project contains more than one designation the Applicant has the opportunity to float the designations and propose a project that may fit with both or only one of the designations. In this case, the Applicant has not chosen to include any commercial uses with the subject project and instead has proposed a project that is entirely residential, corresponding with the MDR designation. The Applicant is proposing detached and attached single-family residential and multi family residential which are also recommended uses within the MDR. Despite intentionally not proposing a project consistent with the MU-C designation, the Applicant understands some integration of uses and incorporating adequate transitions between uses is still important. Thus, this Applicant and that of the project to the east have worked together to allow cross-access Page 6 Page 281 Item#9. between the projects located on the south side of the Pine Avenue extension so both vehicles and pedestrians of this project can have easier access to the commercial approved on the west side of Ten Mile. Commission and Council should determine if this sole connection is enough integration. Other than integration, the density of the project also comes into play when discussing the future land use designations. MDR allows projects with densities in the range of 3-8 du/ac and overall, this project is proposed with a gross density of 8.17 du/ac which is rounded down to 8. The MU- C designation allows gross densities of 6-15 du/ac but Staff finds this range to be generally nonapplicable because the Applicant is largely not proposing a mixed-use project; in short, it would not be appropriate to allow an overall higher density based in a future land use designation that is otherwise not a part of the project in any other aspect. A potential issue arises when the density is broken out into the segments of the plat that happen to coincide with the proposed phasing plan—the southwest block, the northwest block, and the northeast block, according to the Applicant. The Applicant breaks the density of the project down into these three areas on the submitted preliminary plat. The single-family portion of the project is proposed with a gross density just above 3 du/ac with the apartments being proposed at a gross density of 16.95 du/ac. The same difference in the numbers is also revealed when looking at the number of units proposed within the requested zones;216 multi family units on 12.7 acres versus 76 single-family units on approximately 23 acres. If the Applicant was only requesting approval of the apartments, the proposed density would not comply with the Comprehensive Plan and therefore the only reason it is compliant now is because of the single-family portion of the project. Despite this fact, Staff agrees that apartments make sense on the R-15 piece abutting a collector street, adjacent to a school, and across from a mixed-use development to the south and more commercial to the east across Ten Mile. However, Staff does have concerns on how the apartments transition to other development and the impact that the proposed number of units will have on the transportation system in this area. To help in these regards Staff is recommending the Applicant lose some apartment units in the form of reducing some of the buildings to two-story structures instead of three. Specifically, Staff recommends that buildings on Lots 4, 5, 6, and 9, NE Block 1 (as shown on the submitted plat) within the multi family portion of the site be no more than two stories. This would help with the transition of multi-story structures abutting the backs of single family homes to the west and to the north (Moshers Farm Subdivision) and reduce the number of units by approximately 32 units. Reducing the number of apartment units by 32 would revise the total number to 184 units and change the density of the apartments to approximately 14.4 du/ac which would fall within the allowed range of the MU-C designation.Again, this designation is generally not being analyzed by Staff but because part of the project does contain it and the adjacent project south of the proposed apartments also has the MU-C designation, Stafffinds it appropriate for the higher density portion of the site to not exceed the allowed density within the MU-C because it makes for a more cohesive density between the proposed apartments and all adjacent development, both existing and approved. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. Page 7 Page 282 Item#9. � 1�14417,2�4 y. `�; 12iQ417581 lines.shown on the submitted1glat in the veFy seuthivest eamer of the site. The GOGO]previded-by 51�1041�f 91� 51 1'J41'7404 5121 Q F 17oUG w[: As seen by this blue afea,the red line of the submit4ed Ai+n&Eafien a-ad Zoning Betindafy miss this small afea. The aims to minimize lea-ving small sliver-s of eetfflty land Whenever- , prior-to the City Couneil heafing,the Appliea-at should provide revised legal deser-iptions a-ad exhibits t ifielude this small sliver-of lafh B. Comprehensive Plan Policies (https:llwww.meridianciU.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G).Foxcroft Subdivision proposes multiple different types of housing within the project to include single-family attached(duplexes), alley- loaded single-family homes, as well as traditional detached single-family and garden style, walk- up apartments. Staff finds the proposed housing diversity would offer new types of housing for this immediate area. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposed site design incorporates some transitional densities and pedestrian facilities within open space to act as buffers between the subject parcels and existing development.As noted above, Staff does have concern between the transition of the apartments to the detached single- family homes abutting the project to the northeast. The project also abuts the Tenmile Creek on its entire western boundary which is a natural buffer between this subdivision and those to the west. Within the site the Applicant is proposing alley-loaded units abutting Pine Avenue on the south and duplexes on the north side of Pine Avenue abutting the apartments. Both of these choices offer a good transition from a busy collector street to the more traditional detached single-family homes. In addition, Stafffinds placing attached units next to the apartments in order to transition from a higher density to the existing Creekstone and Castlebrook Subdivisions to the west is appropriate. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing network abutting the site to the east and to the west within the Page 8 Page 283 Item#9. existing section of Pine Avenue,per Public Works comments. The Applicant will be extending Pine from Ten Mile Road all the way to the west and constructing a bridge over Tenmile Creek to complete this segment of Pine. Subsequently, all public utilities will also be extended at the Applicant's expense in order to connect to the existing services within the right-of-way. This project also lies within the Fire Department response time goal. West Ada School District has offered comments on this project estimates 73 additional school aged children in this development. Chaparral Elementary abuts the subject site directly to the north and the Applicant is extending the multi-use pathway network to incorporate pedestrian connection to Chaparral. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project, especially with Staffs recommended revisions. "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the minimum requirements in the unified development code(UDC) because of the preservation of the Tenmile Creek. This creek is one of the natural waterways specifically noted within the UDC that should be left natural and unimproved in order to provide for conservation of historic waterways. Other than the creek, the Applicant is proposing open space areas that exceed the minimum 50'x 100'dimensional standards that should allow for usable open space in all areas of the proposed project. The Applicant is also proposing multi-use pathways along the creek and adjacent to Chaparral Elementary and Fuller Park which provides more usable open space and additional pedestrian connections in this area of the City that is currently lacking in connections to Ten Mile Road. "Coordinate with developers, irrigation districts, and drainage entities to implement the proposed pathway network along canals, ditches, creeks,laterals and sloughs."(3.08.02B). The Applicant is proposing a large extension of the multi-use pathway network with this development adjacent to the Tenmile Creek. The Applicant has coordinated with the irrigation district to ensure adequate access for maintenance as well as allowed landscaping. In addition, the Applicant is proposing segments of the multi-use pathway along the north boundary to be wider than the 10'requirement to accommodate adequate access for public utility maintenance. This also offers additional room for pedestrians and cyclists to travels safely from the east and west of the site to Fuller Park and Chaparral Elementary. "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system."(6.01.01H).As discussed above, the proposed development is constructing large segments of the regional pathway system which helps connect multiple areas of the City to Fuller Park and Chaparral Elementary. In addition, there are proposed connections to the required detached sidewalks along the Pine Avenue extension.All of the proposed pedestrian improvements would improve the access and safety for pedestrians and cyclists in this area of the City. "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid-mile location within the Area of City Impact."(6.01.03B).Pine Avenue is a collector street east of Ten Mile Road and west of the adjacent Tenmile Creek but the segment of Pine that bisects the property is only a dirt-road,private access at this time. With the development of these parcels and the recently approved project to the southeast, Pine Avenue will be constructed as a collector street as noted on the MSM. This will make a much needed connection for the overall transportation network of Meridian and especially within the immediate area of the development. Staff finds this development to be generally consistent with the Comprehensive Plan. Page 9 Page 284 Item#9. C. Existing Structures/Site Improvements: The subject development consists of 7 parcels and on three of them are existing homes that are proposed to remain.Access to all of the existing homes is currently via Pine, a private street that connects to Ten Mile Road but is required to be constructed as a public collector street with this development.No other site improvements are currently known. D. Proposed Use Analysis: The Applicant is proposing multiple types of residential uses within this development—detached single-family, attached single-family, alley loaded single-family, and multi-family residential. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 11-2A-2. All other proposed residential uses are principally permitted uses in the R-8 zoning district. Multi-family developments require Certificate of Zoning Compliance(CZC)and Design Review so Staff will have additional opportunities to review this portion of the site. The Applicant has provided a phasing plan notating the project is to be constructed in three phases with the single-family south of Pine being first,the single-family area north of Pine second, and lastly the multi-family development in the third phase. The Applicant is required to and has proposed to construct a vehicle bridge over Tenmile Creek and extend Pine Avenue from Ten Mile Road over the creek with the first phase of development. The proposed residential uses and how they are laid out provide for a transition from Ten Mile Road to the existing detached single-family subdivisions on the west side of Tenmile Creek despite not including the 16 acres abutting the development to the east(a different owner that has received approval for a multi family development).Abutting the creek, the Applicant is showing traditional detached homes that front on a north-south local street that connects to Pine Avenue. East of this local street, and on the south side of Pine, the site transitions to alley loaded homes that front on Pine. South of the alley loaded units are two of the three existing homes that are to remain and they are proposed to take access from the new local streets proposed within the development. These homes abut the developments eastern boundary along a long segment but are somewhat removed from the boundary by the existing yards. The Applicant has provided an exhibit showing how this are of the plat can redevelop in the future should those existing owners relocate or choose to redevelop. Stafffinds it appropriate to incorporate this exhibit into the Development Agreement because it shows a logical extension of the single-family development within the project for future development. East of the local street on the north side of Pine the site transitions to single-family attached homes inform of duplexes. These homes abut the proposed apartment complex within the existing R-1 S zoning district.According to the Applicant, these homes are proposed as single-story structures which is a majorfactor in Staffs recommendation to limit the centrally abutting apartment building(Lot 9, NE Block 1) to a two-story structure to offer a better transition within this area of the project. The apartments are proposed with five buildings along the northern boundary abutting Chaparral Elementary and an existing subdivision. As noted, Staff believes the three buildings adjacent to the existing subdivision should also be limited to two-story structures to offer a more appropriate transition regardless of the approximate 80 foot buffer between the apartment buildings and the back of the single-family lots. Staff finds the centrally located clubhouse and open space for the multi family units to depict good site design and should offer adequate opportunity for use by everyone within the multi family development. Page 10 Page 285 Item#9. E. Specific Use Standards (UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties.Proposed project shall comply with this requirement. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible from the private streets; all proposed transformer/utility vaults shall also comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.According to the revised open space exhibit, the apartments are proposed with approximately 85 square feet of private open space in the form of private patios and decks for each unit, commensurate with traditional garden style apartment buildings. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See analysis in staff report below. 7. Developments with twenty(20)units or more shall provide the following: Page 11 Page 286 Item#9. a. A property management office. b. A maintenance storage area. c. A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements. Where it is not clear on the submitted plans, the Applicant shall comply with these requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Note: Open space standards found in UDC 11-3G AND those found in these specific use standards shall apply to this project. Please see the applicability section of both code sections. Staff analysis for both open space requirements is in Section Y.L of this staff report instead of splitting the analysis into two parts. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20').Proposed open space submitted as meeting this requirement has been reviewed. All area labeled as qualified common open space on the open space exhibit complies with this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family portion of the project is proposed to be developed in one(1)phase. However, all pathways and required landscape buffers to Ten Mile Road and Pine Avenue will be required to be constructed with the first overall phase of development. 4.Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(T)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4- 2009). The buffer along W. Pine Avenue, a collector street, and the buffer along N. Ten Mile Road, do not count toward the common open space requirements for the multi family specific use standards. However, those areas along the arterial and collector roadways do count towards the minimum 10%required open space for the residential development as a whole. D. Site Development Amenities: Page 12 Page 287 Item#9. 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2)Fitness facilities. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100)in size. (2) Community garden. (3)Ponds or water features. (4)Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two (2)amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three (3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 216 proposed units or the reduced amount of 184 units recommended by Staff, a minimum of four(4)amenities are required,however, the decision-making body is authorized to consider other amenities in addition to those provided per the standards listed above in 2.d. It is not entirely clear what amenities are proposed only for the multi family portion of the development. Therefore, the following amenities are what are known by Staff to be proposed from the quality of life, open space, and recreation categories:a clubhouse, a swimming pool, pedestrian and bicycle paths, a segment of multi-use pathway, and open space that is at least 5,000 square feet. Therefore, the Applicant is proposing 5 qualifying site amenities to meet the multi family standards. Staff is not in full support that the proposed 5 amenities can adequately serve nearly 200 apartment units.At the Commission hearing, the Applicant should clarify Page 13 Page 288 Item#9. what other amenities are proposed for the multi family portion of the development to ensure compliance with code. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The submitted landscape plan appears to meet these specific use standard landscape requirements and shall be further verified at the time of CZC submittal(see Exhibit VII.D). F. Dimensional Standards(UDC 11-2): The proposed building lots appear to meet all UDC dimensional standards except for Lots 3-8, of SW Block 2 (some of the alley loaded lots),per the submitted plat;these lots do not meet the minimum lot size of 4,000 square feet. The Applicant is required to comply with the dimensional standards of the requested zone so the noted lots must be enlarged to meet the minimum lot size requirement. To do this, the Applicant will likely have to reduce the open space lot directly south of these lots and push the alley further south. Note: The alley that is shown on the plat does not meet ACHD policies for an alley. Therefore, this alley must instead be constructed as a minor urban local street which is a minimum of 24 feet wide with curb and gutter and no parking is allowed on either side. Staff is recommending a condition of approval in line with ACHD's condition to ensure this street segment is revised. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The Applicant is proposing a cul-de-sac that is over the permitted 500 foot length and therefore must be approved by City Council,per the UDC standards. The submitted preliminary plat depicts this cul-de-sac to be approximately 710 feet in length and ends in a cul-de-sac that has an emergency access to the adjacent Mile High Pines subdivision directly to the east. This Applicant needs the emergency access in order to maintain Fire Department approval. The adjacent subdivision was recently approved with maintaining this access but Commission and Council should determine if the overall site design of this southern section of the site is sufficient for 26 homes to take access from when developing around existing structures. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed local street connections to the W.Pine Avenue extension for the single-family portions of the development; the multi-family development is proposed with two driveway access points to Pine Avenue that line up proposed accesses on the south side of Pine(one within this development and one within the Mile High Pines project on the south side of Pine). There is no access to N. Ten Mile Road except through the collector street,Pine Avenue. Because of the Tenmile Creek and other easements along the boundaries there are no other stub streets that exist to this development. Subsequently,the Applicant is not proposing any stub streets to adjacent subdivisions. The proposed public streets and driveway access points have been approved by ACHD despite the easternmost driveway not meeting district policy. ACHD has recommended a Page 14 Page 289 Item#9. 25%modification to their standards to allow this access so that it aligns with the one approved for Mile High Pines to the south and to allow overall traffic circulation in the multi-family development. As noted,the Applicant is proposing a cul-de-sac over the permitted length. Please see previous section for analysis and requirements on this issue. Traffic Impact Study Analysis: The proposed project proposes more than 100 units and therefore requires a Traffic Impact Study(TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VIII.K).Despite ACHD analyzing and discussing the TIS in their own report,Staff finds it necessary to highlight the main points of discussion and road improvement requirements,specifically those related to the extension of Pine Avenue. This Applicant and the Applicant for the approved project to the southeast of this project have entered into a legally binding "Dedication and Development Agreement"that outlines the potential options for how the Pine Avenue extension will be constructed(see Exhibit VIII.0). In addition,ACHD has outlined different options for how this extension and road improvements can occur. The Applicant's agreement discusses that whoever obtains City approval second is required to dedicate the required amount of right-of-way to ensure Pine Avenue is constructed centered on the section line dividing the two properties. Staff appreciates the forethought of this agreement to ensure correct construction of the Pine Avenue extension. Therefore,Staff recommends a condition of approval in line with this agreement. At a minimum, this Applicant will construct Pine Avenue west of the Pine/Ten Mile intersection as%of a 36 foot collector street section with vertical curb,gutter, and detached sidewalk on the north side. This half street section is proposed and has been approved by ACHD for approximately 890 feet into the site from Ten Mile because the Mile High Pines development will construct the southern half the street section abutting their site. West of this line, this Applicant is required to construct Pine as the full collector street section to the west boundary and construct the vehicle bridge over Tenmile Creek. In addition, the Applicant is required to enter into a signal agreement for the required signal improvements at the Pine/Ten Mile intersection. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion of the site must comply with these standards and will be confirmed at the time of building permit submittal. The Applicant has provided data regarding the multi family portion of the site to show compliance with the parking requirements. Based on the number of bedrooms, the minimum parking required for the multi family development is 415 spaces; according to the submitted preliminary plat, 429 parking spaces are proposed. This amount exceeds the minimum requirements by only 14 spaces. Pine Avenue will be a collector street which does not allow on- street parking so there are only 14 extra spaces for guests to park within the apartment complex. Staff has major concerns regarding the proposed parking which is an additional reason why reducing the number of units as previously discussed is recommended. By losing 32 units, the parking requirement will be reduced by 48 spaces if they are all one-bedroom units and will be reduced by 64 spaces if they are all two-bedroom units. Staff recommends a reduction in apartment units but not a significant reduction in parking spaces. Following the reduction in Page 15 Page 290 Item#9. units, some of the parking could be removed in order to move Lot I or Lot 9 away from the single-family homes to the west;some parking could also be removed to increase the amount of open space within the apartment complex. Staff recommends that no more than 20 of the excess spaces are removed to accommodate the above options. The Applicant did not submit a separate parking plan for review. I. Pathways(UDC 11-3A-8): A 10-foot wide multi-use pathway is required and proposed along the property's western, northern,and southern boundaries. The Applicant's submitted plans show compliance with this requirement in line with the Master Pathways Plan(MPP). The Applicant will continue the new segment of pathway from Mile High Pines to the east along the southern boundary and abutting the railroad easement. This section of multi-use pathway will then connect to a segment along the east side of the Tenmile Creek that will be shared with the irrigation access road. Approximately 425 feet north of the southern boundary, the pathway turns west and crosses the creek at an existing culvert to end up behind the Chesterfield Subdivision. This juncture of the pathway also turns east to become a micro path and connects to the attached sidewalk along the internal local street. Along the creek the pathway continues north to Pine Avenue and will connect to the sidewalks along the collector street and allow for access to the existing multi-use pathway on the north side of Pine that continues further north to Fuller Park and the Castlebrook Subdivision. Per the MPP, the Applicant is also proposing to construct another large segment of multi-use pathway along the northern boundary that starts at Ten Mile Road and continues all the way to the western boundary with a new pathway connection to Fuller Park from this development. This new connection will allow residents of this development, the future Mile High Pines residents, and those of existing developments to the west to use the sidewalks and this new pathway segments to access Fuller Park further east than what is currently existing within Castlebrook Sub. In addition to the required multi-use pathways, the Applicant is proposing a micro path between the apartment complex and the northwest block of single family homes that connects the detached sidewalks along Pine to the multi-use pathway along the norther boundary. This is yet another pedestrian and bicycle connection to increase the pedestrian circulation in this area. Despite all of the proposed pathways within the development, there is one additional connection that could tie together even more paths and add a quicker way for children to walk to Chaparral Elementary, if it can be done. Staff believes adding a new micro path connection to the open space and pathway within Moshers Subdivision to the northeast would be a great benefit to this development and the recently approved Mile High Pines. Adding a new connection to the school is not preferred by either the school district or Police because it creates another access point to monitor for safety reasons. Mosher Subdivision already has a dedicated micro path connection to Chaparral so if this Applicant can work with the Mosher HOA and tie into their existing network, the overall pedestrian access to the school will be increased. Overall, this Applicant is proposing to construct approximately 4,500 linear feet(approximately 0.85 miles) ofpathways with this development, which does not include the detached sidewalks along Pine Avenue. This is an abnormally high number for one project to construct so Staff is appreciative of the proposed pathways that are required and not required. Staff is in full support of the proposed pathway plan for the subject development. I Sidewalks(UDC 11-3A-17): 5-foot attached sidewalks are proposed along all internal private streets and 5-foot detached sidewalks are proposed along Pine Avenue, in accord with the standards listed in UDC 11-3A-17. Page 16 Page 291 Item#9. The sidewalks in this development create connections throughout the project including to and from the multi-use pathway segments surrounding the development.All open space areas also appear to be directly adjacent to sidewalks which add to the accessibility of these areas. Staff supports the sidewalk and pedestrian circulation plan for this development. See Exhibit VII.E. K. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required adjacent to W. Pine Avenue,a collector street, landscaped per the standards listed in UDC 11-3B-7C. At least a 20-foot wide common lot is depicted along both sides of Pine Avenue and the submitted landscape plans appear to show landscaping in excess of code requirements. There is also a 25-foot wide landscape buffer required adjacent to the small area of the site that abuts N. Ten Mile Road, an arterial roadway; the submitted plat and landscape plans also show compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways(including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are included in the Landscape Calculations table on the submitted landscape plans, sheet LA. The correct number of trees appear to be shown on the submitted plans.However, the required 5 feet of landscaping and trees on both sides of the pathways is not shown at any point throughout the site. Staff understands the pathways are encumbered by the Tenmile Creek to some degree. Therefore, at a minimum, the Applicant should apply for Alternative Compliance at the time of Final Plat submittal to show an adequate alternative to the required landscaping on both sides of the multi-use pathways. Prior to the City Council hearing though, the Applicant should revise relevant plans to reduce the depth of the lots along the southern boundary to include the required landscaping on both sides of the pathway in this segment.In addition, the segment that runs along the east side of the creek should widen the landscape area adjacent to the pathway to at least 5 feet;the submitted landscape plans show only a 3-foot wide area of landscaping. The lots adjacent to this segment can accommodate a loss of at least 2 feet in lot depth to include S feet of landscaping on at least one side of the pathway. The segment of multi-use pathway along the north boundary and proposed apartments is also encumbered by irrigation and sewer easements as well as the required dimensional standards for drive aisles and parking spaces. Because of this, the Applicant has proposed trees and landscaping on the buildable lots abutting the pathway that exceed UDC minimums. Staff agrees with this decision but this alternative should also be included in the alternative compliance request required at the time of final plat submittal. For the segment ofpathway along the north boundary but behind the single-family lots, no landscaping is shown beyond grasses. This does not meet code and at a minimum, these lots should be reduced to accommodate at least S feet of landscaping(including trees)between the pathway and the buildable lots.As discussed previously, the lack of trees on the drain side of the pathway should be part of the required alternative compliance request. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and meets UDC requirements. Page 17 Page 292 Item#9. L. Qualified Open Space(UDC 11-3G): As discussed previously,the open space standards for both the standard 11-3G-3 and the multi- family specific use standards are analyzed in this section. A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the overall development, including the multi-family portion of the project. Based on the proposed plat of 35.72 acres, a minimum of 3.57 acres of qualified common open space should be provided to satisfy the requirements of 11-3G-3. In addition,because there is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. The minimum amount of open space required to satisfy the specific use standards is 1.24 acres of common open space. Combined,the required amount of minimum qualifying open space that should be provided is 4.81 acres.The Applicant's revised open space exhibit shows a total of 6.9 acres of qualifying open space.5.31 acres meet the 11-3G-3 standards(approximately 14.9%)and the remaining 1.59 acres meet the common open space requirements in the multi-family development specific use standards (see Exhibit VILC). The qualified open space consists of the required street buffers,the Tenmile Creek, and other open space areas throughout the site. This area exceeds the minimum UDC requirements. The 1.59 acres of common open space proposed to meet the specific use standards for multi- family development consist of the clubhouse/pool with some adjacent open space,two areas that are at least 5,000 square feet, and other smaller areas of open space that meet the minimum 20' x 20' multi-family open space dimensional standards. The open space proposed to meet the specific use standards also exceeds the minimum UDC requirements. As noted above, the common open space provided with this development exceeds the minimum amounts required by code. Despite proximity and ease of access to Fuller Park for this development, the Applicant proposed open space in excess of UDC standards. In addition, the Applicant is not counting a majority of the multi-use pathways as open space because they know they cannot accommodate the required landscaping adjacent to them. Staff appreciates the amount of open space proposed and even though it is not centrally located, Staff believes there is adequate open space within Fuller Park to engage in larger activities. In addition, the Applicant is proposing private open space for the multi family development that complies with code requirements. Staff appreciates all of the pedestrian pathways throughout the site; these pathways and sidewalks connect the main areas of open space to the residential units offering fairly equitable access to the proposed open space. Staff supports the pedestrian network and the connections to open space anchored by usable open space and amenities and the commercial area on the eastside of the site.All in all, Staff finds that the proposed common and private open space are sufficient for a project of this size and proposed use. A Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat(35.7 acres), a minimum of two(2)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes three(3)qualifying amenities to satisfy the requirements in this section of the UDC; 10-foot multi-use pathway segments, children's play structure, and a gazebo. All other site amenities(analyzed in an above section) satisfy the multi-family specific use standard amenity requirements. Page 18 Page 293 Item#9. N. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the submitted landscape plans and appears to meet UDC requirements. O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted conceptual renderings and elevations only for the apartment buildings. Attached single-family homes and multi-family structures require Administrative Design Review(DES)approval prior to building permit submittal. The submitted multi family elevations show traditional, walk-up garden style apartment buildings. The buildings appear to have at least three field materials of stucco, lap siding, and stone and incorporate adequate roofplane variation along the roofline. The buildings all share the identical color palette which does create a singular identity. The ASM notes that no two multi family buildings should look the same. At the time of DES submittal for these structures, the Applicant should create more differentiation between the units to ensure compliance with the ASM. This could occur by adding variation in the amount of accent materials and/or accent colors. Staff will ensure compliance with the ASM at the time of design review submittal for both the multi family units and the attached single-family dwellings. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary plat applications per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on March 4, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning, Preliminary Plat,and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Jane Suggs, Gem State PlanningApplicant Representative; b. In opposition: Jane Byam,resident. C. Commenting: Jane Suggs; Jane Byam; d. Written testimony:None e. Staff presenting application: Joseph Dodson, Current Associate Planner f Other Staff commenting on application:None 2. Key issue(s) public testimony a. Future land use map shown on the project site and its correlation to density; b. Concern over the extension of Pine Avenue and the potential of traffic increasingat t the intersection of Pine and Black Cat; c. Density of the project not being compatible with subdivisions to the west and the larger lots even further west,west of Black Cat; d. Will the Black Cat and Pine intersection be signalized? 3. Key issue(s)of discussion by Commission: a. Pine Avenue extension and its impact to closest arterial intersections (Pine&Ten Mile; Pine&Black Cat); b. How the southernmost lots function as shown on the proposed plat; c. Redevelopment plans for the three existing homes that are to remain on site, specifically the two lots in the southern section of the project; Page 19 Page 294 Item#9. d. General location of the different types of single-family homes and how access to them will work. What kind of additional amenity is appropriate for the apartment units; 4. Commission change(s)to Staff recommendation: a. Revise the conditions of approval as noted in the Staff Memo dated March 1,2021; b. Add a condition that an additional amenity be added to the proposed multi-family development in the R-15 zoning district. 5. Outstandingis for City Council: a. None C. The Meridian City Council heard these items on April 6,2021,May 11,2021,and May 26.2021. At the public hearing.the Council moved to approve the subject Annexation and Zoning. Preliminary Plat. and Conditional Use Permit requests(application was continued multiple times due to the City Council awaiting a decision on new state legislature. Public testimony was heard and Council questioned the Applicant at each meeting: all meeting summaries have been condensed into this singular summary). 1. Summary of the City Council public hearing: a. In favor: Jane Suggs,Applicant Rep.: Deborah Nelson,Applicant Legal Represntation b. In opposition: Multiple neighbors noted as being against the proposed project for its density.location of the proposed apartments, and the proposal to extend Pine Avenue- please see public record for specifics. C. Commenting: Jane Suggs:Deborah Nelson: Marissa Parker,neighbor: d. Written testimony: 11 pieces of public testimony from February until May 26th noting opposition to the proposed development in terms of its density.the extension of Pine Avenue,and the location of the proposed apartments in relation to the existing single- family homes in the Mosher Farms Sub. to the north. e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Kristy Inselman.ACHD: Garret White.Parks Department: Joe Bongiorno,Deputy Chief Fire Marshal:Bill Narv, City Attorney: 2. Key issue(s) of public testimony: a. Location and height of proposed apartment units in relation to the existing single-family homes to the north(Mosher Farms 3. Key issue(s) of discussion by City Council: a. In regards to the future land use designations. is Staff concerned with transitional density or transitional uses• b. Clarification on proposed plat and which lots contain homes that are to remain and is there a redevelopment plan C. Clarification that multi-family use and Conditional Use Permit request is contained to the R-15 zoning district that is existing: d. Location and necessity of shared emergency access between subject project and project to the east(Mile High Pines): e. Proposed density and how it meets the comprehensive plan: £ Location of the proposed amenities and open space in relation to the proposed uses; g= Is a pedestrian crossing proposed across the Pine Avenue extension—since one is not proposed what dictates the need for a crossing: h. Pedestrian connections to and from the adjacent park and school and how the proposed pedestrian facilities intend to connect to these points and move children safely between the sites: i. Level of access to the multi-family development and their proposed locations: Page 20 Page 295 Item#9. Could proposed project be broken into separate applications to get at least the infrastructure and multi-family portions of the project moving_ forward while the state legislature makes a decision on their items: k. Clarification on if a pedestrian bridge to Fuller Park is required—it is requimd per the proposed pathways and per the Park's Department conditions document: 1. Density and location of landscaping between proposed apartments and existing homes m Mosher Farms to the north• 4. City_ Council change(s)to Commission recommendation: a. Clarify that a pedestrian bridge for the multi-use pathway connection to Fuller Park is required. Page 21 Page 296 Item#9. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Description for R-8 ZONE Foxcroft Subdivision November 19,2020 A parcel of land located in the Southwest 114 of the Northeast 1/4 and the North 1/2 of the Southeast 1/4 of Section 10,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02"West,2655.68 feet;thence on the East-West centerline of said Section 10, North 89136'02"West,939.50 feet to the REAL POINT OF BEGINNING; thence leaving said centerline, South 06°07'28"West,415.20 feet; thence South 42152'02"East,798.04 feet to the centerline of the Oregon Short Line Railroad; thence on said centerline, North 88°51'42"West,703.34 feet; thence leaving said centerline, North 33°15'25"West,241.17 feet; thence North 48°32'21"West, 101.97 feet; thence North 43°57'49"West, 144.27 feet; thence North 88°52'12"West,50.71 feet to the Easterly boundary line of Chesterfield Subdivision No.4 as filed in Book 112 of Plats at Pages 16216 through 16218, records of Ada County, Idaho; thence on said Easterly boundary line the following seven(7)courses and distances: North 45°26'50"West, 1.76 feet; North 39°43'48"West,89.05 feet; North 39°20'28"West, 100.02 feet; North 25°23'24"West, 125.16 feet; North 19'21'27"West,94.89 feet; �- •µ... s 11779 Page i of 2 Page 22 Page 297 Item#9. 4 ' North 22°44'42"West,83.44 feet; North 17'25'33"West, 198.22 feet to the East-West centerline of said Section 10; thence on said centerline,South 89136'02" East,39.48 feet to the Easterly boundary line of Ten Mile Creek as described in Easement Deed recorded on March 15, 1946 in Book 121 of Deeds at Page 23, records of Ada County, Idaho; thence on said Easterly boundary line the following three(3)courses and distances: North 17'27'31"West,530.79 feet; 120.85 feet along the arc of curve to the left having a radius of 176.00 feet, a central angle of 39°20'32"and a long chord which bears North 37'07'47" West, 118.49 feet; North 56°48'03"West, 118.30 feet to the North boundary line of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on said North boundary line,South 89'37'19" East,765.14 feet to the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence South 00°03'48"West, 663.57 feet to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on the East-West centerline of said Section 10,South 89'36'02" East, 388.34 feet to the REAL POINT OF BEGINNING. Containing 24.567 acres,more or less. End of Description. ti OFPage 2 of 2Y;�` Page 23 Page 298 Item#9. 4 1s0 600 0 300 SCALE: 1" = 300' .] L C-S-NE 1/64 S89'37'19"E 765.14' S.10 <g - Ln Ki Z ( MOSHERS co FARM SUB 13 I W BASIS OF BEARING ............ •N89'36'02"W 2655.68'•............... -S89'36'02_"E 1/4 C 1/4 --- C-E 1/16 388.34' N 89'36'02"W 939.50' --- 5.10 N1T25'33"W S89'36'02"E S.10 --198.22 39.48' 1.3 OFABEG BEGINo NING NT S.1 D 5.11 R-8 ZONE Nf CO N22 4 83.44' ±24.567 ACRES f o I ti N19'21'27"W Z 94.89' N 25-23'24"W 125.16' N88'S2'12"W \� 1 N39'20'28"W 50.71' I S 100.02' S45'26'50"E 1.76' \ I N43'57'49"W �� %.o 144.27' \ p�pL LANp _ N88'51'42'W 703.34' \ 4�C ENS F i1G�G — I OREON SHORT LINE RAILROAD 11779 n N�'J�y��sZsPs rF of do per' LINE TABLE orM McCk LINE BEARING LENGTH L1 N33'15'25"W 241.17 CURVE TABLE L2 N48'32'21"W 101.97 CURVE LENGTH RADIUS DELTA CHORD BRIG. CHORD DIST. L3 N39'43'48"W 89.05 Cl 120,85 176.00 39'20'32" N37'07'47"W 118.49 L4 N56'48'03"W 118.30 .e too w Fnvc.ok a :5 P IDAHO EXHIBIT DRAWING FOR roB no. 19-133 9955 W.EMERALD ST. CITY OF MERIDIAN R-8 ZONE SHEET NO. SURVEY 8018 4"5HO 70 6 FOXCROFT SUBDIVISION 1 GROUP, LLC LOCATED IN THE SW 1/4 OF THE NE 1/4 AND THE N 1/2 OF THE SE DWG.DATE 1/4 OF SECTION$0,T.3N.,RAW.,B.M.,ADA COUNTY,IDAHO 11/19/2020 Page 24 Page 299 Item#9. Description for R-15 Zone Ten Pine Park Subdivision October 27,2020 A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho more particularly described as follows: BEGINNING at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89°36'02"West,2655.68 feet; thence on the East-West centerline of said Section 10, North 89°36'02"West, 1327.84 feet to the Southeast corner of the Southeast 114 of the Southwest 1/4 of the Northeast 1/4 of said Section 10; thence on the East boundary line of the Southeast 114 of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 00°03'48" East,654.55 feet to the centerline of the Ten Mile Drain; thence on said centerline the following seven(7)courses and distances: South 85'32'14" East, 126.24feet; South 65°24'02" East,49.70 feet; North 89°34'58" East,23.00 feet; South 66°39'02" East,357.40 feet; South 67°30'53"East,357.19 feet; South 66°01'35"East,448.10 feet; South 50°13'59"East,22.66 feet; thence leaving said centerline, North 89°59'52" East,48.00 feet to the East boundary line of said Section 10; thence on said East boundary line,South 0°00'08" East, 158.64 feet to the REAL POINT OF BEGINNING. Containing 12.942 acres,more or less. End of Description. R-x1 fn Page 1 of 13 Page 25 Page 300 Item#9. 150 600 0 300 SCALE: 1" = 300' S85'32'14"E 126.24' S65'24'02"E - -- 49,70' T66 i 3S3g0,2E 1N89 ,40 S6). MOSHERS r 23.00''58"E 30S3 FARM SUB 23.00' 3S j� E' 07 w R--15 ZONE o f ±12.942 ACRES �� z S50'13'59"E L1 22.66' REAL POINT N OF BEGINNING 1/4 C 1/4'' N89'36'02'W 1327.84' S.10 5.10 5.11 Z N89'36'02"W 2655.68'••""""• i w BASIS OF BEARING ~ I iz G � I � I OREON SHORT LINE RAILROAD ��5y\ONPGENS�eo sG�� C� 779 LINE TABLE 1 `p �7 7 9 LINE BEARING LENGTH �0 9TF `pQ = L1 N89'59'52"E 48.00 O OF o Y� McCAM� L2 SO'00'08"E 158.64 EXHIBIT DRAWING FOR mD Ho. I DAHO 19-133 SURVEY 9955W EMEMLDST. CITY OF MERIDIAN R-15 ZONE S EET ND. (208)86-8570 8Hoe3704 TEN PINE PARK SUBDIVISION 1 GROUP, LLC LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION m OWG GATE T.3N.,R M,U.M..ADA COUNTY,IDAHO 10/27/2020 Page 26 Page 301 Item#9. s65°32'q"e sg�3go2h S a e sgs 3053 e 7 m h� m SBB a735B `9 10 G �C �C �G aQ n; 1327.64 n89 36'02"w Ir 10/27/2020 Scale: 1 inch= 171 feet File:Ten Pine Park Sub R-15 Zone.ndp Tract 1:12.9416 Acres,Closure:s62.4340e 0.01 ft.(11686231),Perimeter-3573 ft. 01 n89.3602w 1327.84 10 n89.5952e 48 02 nOD.0348e 654.55 11 s00.0008e 158.64 03 s85.3214e 126.24 04 s65.2402e 49.7 05 n89.3458e 23 06 s66.3902e 357.4 07 s67.3053e 357.19 08 s66.0135e 448.1 Page 27 Page 302 B. Preliminary Plat(dated: 11/11/2020 February 24,202 1) -L N 3✓`�d 013A-]Q AV C)-11 C)I S I I C3 E3 M S 13 C,?zj Z>x<D-A 1 V4 1 1 3 Z!d—d L ir" I X F Ld �T- z T------- H -aW --------- I qw 0 ID 71 Or Page 28 000 1 a HINNod 1----3 1-10 auiHupaauav3eane � p —j A 2tj IV r-4 1 VN 11:s ztj d 13 �N F Ms lu 19 N Ag.7 AK MIMI all 61, V. . ................... C�, sa .... .............. it . J bo —Gj:- p jj 21 e,o® Page 29 Item#9. C. Open Space Exhibit(date: 11 f'�20 February 24,2021) -•- -.- �I. .. > �NI `1N3W-1 13/�3O 1.`J 0112i1 `40Minuimmd IDNIHmNlnw3lup noislnlaans i�oa�xo� ul'9uuaau!9u3 NV1d `JNI?I ZIVd aNV 3OVdS N3d0 ii cS w_ ¢t7mZ mN rriLL m � 6 W N k O g LL a k N W ¢ wON� w¢�� 00 wQ�w wQNA w f I Wiz"'¢ T Wa LLwoa az W o �Jf� 1 ��e E f O'09� p Mc dUe dOH�, d rN Haag w��o� yozooa oo 2, ! �} o S§ 3 w ET k CJr j LIZ Ca ev f : I w rI m s Y y�\`(3•jP '�— �g�'i €�w i3�3 @fie� �4 '�E P 4 JA W.Y4 gi Y�4� 4��3 J ?e�" H$§§ ° l Page 30 Page 305 Item#9. PARKING PIRG—EDSPACES-42B SINGLE FAMILY PARKING APARTMENTS -COVERED SPACES-216 -EA CH UNIT PROPOSED HAS REQUIRE D S PACES. "S'ANDARD CAR ENCLOSED GARAGE -�� -541BR,I.G=61 -9 HANDICAP SPACES MEETING CDDE REQUIREMENTS OPEN SPACE AND PARKING 1622BR x 2=224 -UNCOVERRD SPACES-1. FOR 2 OFFSTREET PARKING PER EXHIBIT FOR -�-_� PARKIN G FORCWBH SE OU =6 UNIT 11-3G 3 B 1 e 13,290 sf. ..... -01 N JITICNALPARKmc FOXCROFT SUBDIVISION k I //�� HLAP SPACES-g=125PACE5 SPACES ARE IDENTIFIED ww spa. ON STREET II 21UNITI THESE ARE lif /yy/� TOTAL REGUIRED411 _ NDTINTENDED TO BE MARKS❑ THE PUBLIC STREET BUT QU LIFE ' ONLYAS AN ILLUSTRATION OF 6f 2 -r d /_// - REASONABLE PARKING NET OF 2 3.`23-5� L DRNIEWAVS AND OTHER - OBSTRUCTIONS " I \1 O � ��sry e-'. ;. RUAL '7 QQAuFIED DO 11I B.1. .7,338 sf e I �r a I � _ QV'ALI3I EBD UCG L. _. _ -..: E i IED U_DC ��71JALIFIEUQDC yy 11 3G- 4.10 1-G-3 61"1.5.5 8 sf I,'s I= uffe2 m�.ore°o _ ra.A°°reoroaE r �' 1 -0UAL'4RIEB d, ,-`r,�:._ ALIFIED IBC � �, t •A�c® `Y� .. .5 `3G-3.13.1-a-5,56597�xr• „ _ _ ,A OPEN SPAFIED UDC 11 3G 3.GE 5 OPEN SPACE NO DRAINAGE 50x100 MIN ,.M 1 Aso 50,645 SF T \ a � -E° 1.17 ACRES -� QUALIFIED UDC 11-3G-3.B.1.e. PATHWAYS WITH LANDSCAPE - Ive UBom, rewun 31,598 SF "` ���� •®1 _3 ' 305 ^° 0,73ACRES sue.... sw . _ �w=� .. 'x..� ® �c�� .0 - - QUALIFIED UDC 11-3G-3.B.3. COLLECTOR BUFFERS � O 45450sf 1.04 ACRES UDC 11-3G-3,6,4. ONE HALF ARTERIAL BUFFERS .05 ACRES QUALIFIED UDC 11-30-3.2,7 ® ® QUAL IED UDC NATURAL WATERWAY 1 119,722 sf 1,732 sf ` 2.75 ACRES Page 31 Page 306 Item#9. D. Landscape Plans(date:!�20 February 25,2021) J� omm m: I W / o i i iL 4 CL - b _ { ht3 w;� Q OLU W Page 32 Page 307 Item#9. L � I rr f I- I 'V� � ��I M Awe 1, (i'1 �•�� -� I d T,- �' Nn pop co Y JICL L L- �e 1 Z w L.L Page 33 Page 308 Item#9. 'I4 ,N I - UN ruv• - r _ V V V I�I I \ I ,\0"\ �;� 10 Iy Al- ...' o li'I lil qN I ...l�g41!Isi� I IIIr I'I c- I __ ra Y Pi k t � I N K'AV 'J ® F ° Ld e O � - n� F r,E r b ' I� v II x>ur�m — +e" PRF—IFINAR" PLAT LANDSCAPE FLAN ev'so am sn Riley Engineering,Inc. r— n FCDXCROl-7- E�u�3L7IWI�ICJ�I �MLE O NGINEENINGIPaNNINGICAD TRILOGY -DEVELOPh/E:NT, INC. Page 34 Page 309 Item#9. �M I bll � m11 h 10 I _ 'N ]EN MILE ft0. Z x _ m 5�4� m ma rn a zm'm PRLLM1,ARY PLAT LANGSCA'L PLAN 1—o x C R o i—T �LJ B d I i/I T.I C� \ �VaileyEngineering,Inc. z`' CIVIL ENGINEERING I PLANNING I CAUU -RILOGY ID LOPV-I1,T, INC_ Page 35 Page 310 Item#9. /� y � d/ yy till I III I� m D 10 le ra m < r � i o VE sEx =, m ..... PRE_I/INAK" PLAT LANDSCAPE PLAN � ! Ua ileyEngineering,Inc. Caa O X C R O;—T 1_]D L7 I V I S I O r-,l m e Cm�ExclxeenlxclPwxxlxc lCADD TRILOGY DEVELOPMENT, INC. Page 36 Page 311 Item#9. 1. t ins•.. � a S �' �� �� � � �� � ��a � &��� � '"��^,� vN Ij - z 50 o r z : Y nn � r z m dr -A r , ra PII a ° a'` ma ON,. om V r�A €o m PREL MINARY PLAT LANDSCAPE PLAY R ^T d�3 It Wiley Engineering,Inc. ,.P ®X R 1- T S LJ[� I V V Q?v �'' .- CIVIL Fire MEF uma I PLANNING I CAoo T ICI LC GY CEV E LO PM TNT, INC. d;;; •„ _ .-.�.. Page 37 Page 312 Item#9. E. Pathways and Pedestrian Circulation Exhibit 1 � j I O = a-- � I• .�-� ^ III � � 0_ o b O Al o � IIFo ^ O I € O O /0 CQ Oa III m� Q O II fJ /l I i o� I O I•�' ran p rn'a k m f o m j `tl a H - PATHWAYS EXO-iOBOT s ,�y„r*�, 9 w.i °_ Ilry Endneetln&lnc. �-3 FOXCFZO FT SUl3OIVISION � Cm�EnowEntixclPunninal CRUn T F21L0 GY DEVELOPMENT. INC Page 38 Page 313 F. Proposed Phasing Plan h PRELIMINAR Y PIAT FOR FOXCPOVTSUBDIVISIO------- ........... ji 14 N fio Z L) 0 z J Ld ID L) IL .. ..... ... L i 0 W x (L L A., Page 39 Item#9. G. Conceptual Redevelopment Plan for lots containing existing homes to remain in the"SW Block" r /�. C93 C92 i6 34' 27 4! 28' .. ' FOXCROFT SUBDIVISION REDEVELOPMENT PLAN FOR LOTS 2 AND 6 BLOCK 4 SW r- -1 , 9 � / -- ---- ,' 8,392 �I r f I i I - • � ///HJ��//////H/ � --17,041 - 8,618 •.a�3 aoa �—a�3 � � SCALE 1n=60' --------hill- o 3 � \ 8,558---- I I 14,8777 ---1 EGR � 1 i --— 10.304� - \\\\\��, 24,,=5�62A. +i m8.098 �< I 16 \ 27 \ \ \ 52 I 4.23M SW BLOCK 4 Page 40 Page 315 E 7 j ll , Page 41 9 ,x �Q r C J 4 40 t nmiill-1 ,#VP- 1 Mbdr a IV f .Er �s a. �9YE.I e ' ® a 1.�- Il lrr�ll EII� l �r r Page 43 Illm,-- i a �.�.. J � e' ag 44 Item#9. zo 1 - _ Jf= Page 45 Page 320 Item#9. 1L Wa4e-AiT.,,-1>up for- Areas of Possible Wa4e-Main El;,Y.;.,.ation(DELETE) a- oy 1 A3 =77 i 114 SSMH l .� SSM' 0..-. .needed? �� �ylP/p• ASS .$ � ` ... a _ r!P/P IP!~I w -Y I'•p P Pfp _ Pl iA "'^ • 1P OCx•1 P,Wr.,� 1 ��_ � Pl p /P! Ss�i H "./� — P I •If water loop is needed, missectionCTwater �,1.. fP •, main can be eliminated for better clrculahon •P P J n4P{ - - ~ I_I PIP» o o �_ _ I f '• .. SSMH 0 _ -`P`�_P Is this water main 1-��-a_��_��-- -r o 1 o I _'- - P`p .. 7 .,I..I ,! 4 4 n L - - P 13 -I-II IPTPI I: _ PIII _ CLUBHOUSE/ SSMH El�:�._..,,..` s ;c,s p< P OFFICE l�� � � —rr 1 plplalNlolrllPinliPIPIP �`L� pIPIAPIpII,�r '� i /^ .iI. �P_� P NE BLOCK 1 � ( _` - P p�l tip F Ij� ;P SSMH E2 ~ P / 1 14 Ir -- I I IP I P_ L J P iCi I L -- —� P 6ILPIFIP PIp L-- - aTvw� Page 46 Page 321 Item#9. J. Ten Mile Stub Drain cross-section 3RD FLOOR BALCONY IS 4' ABOVE 2ND FLOOR OF EXISTING HOME ELEV=n c ELEV-25a4.01 T ELEV=2580.00 ELEV_ 21F�IdtFLOOR BALCONY C (n SECOND FLOOR RODF pEpK9733 In IDd C 2610 ROOF PEAK O O 2610 2600 I8 2600 2590 I I i 2590 F2o 2nd Floor °� b 2580 2nd FloorI I J 2580 2570 20 25 35' a 1st Floor_—� ————0 �J11 I I ' — 2560 ————— — 12560 ELEV= 554.01 ELEV- 2 62.38 rRAMS I I — 2550 10'ASPNAL Pane 2550 4' RAVEL I I 2540 2540 2+00 2+50 3+00 3+50 4+00 4+50 5+00 Ten Mile Stub Drain PROFILE VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, site plan, landscape plan, open space exhibit, conceptual building elevations, eeneeptual redevelopment plan-,pathway and pedestrian circulation exhibit,and the proposed phasing plan included in Section VII and the provisions contained herein. b. The 10-foot multi-use pathway segments surrounding the development and the required pedestrian bridge to Fuller Park shall be constructed with Phase 1 each phase of the development as seen on the phasing plan. c. With the first phase of development,the Applicant shall construct the extension of W. Pine Avenue,the vehicle bridge over Ten Mile Creek,a-ad the Pine/Ter ,`,rile:n4o.see fiens in aeeer-d with all other ACHD requirements in line with the signed"Dedication and Development Agreement,"as seen in exhibit MILL, and the ACHD conditions of approval. Page 47 Page 322 Item#9. d. No building permits shall be submitted until the final plat for the associated phase is recorded. e. The required landscape street buffers shall be constructed and vegetated(along N. Ten Mile and W. Pine Avenue)with the first phase of development. The multi family development Shcali be eenstmetedwith no more than 194 units with buildings an Lots 4, 5, 6, and 9,NE Bleek 1 (as shown en the s4mit4ed pla4)to be no mefe than twe stor-ies in height;proposed par-king s g. With future sale of single-family homes on Lots 20-32,NW Block 1,the Applicant shall include the multi-family site plan and renderings in the sales and advertising information for these homes. 2. With Final Plat submittals,the Appliean4 shall provide r-elevant revised plans to depiet any minor-revisions shown on the revised open spaee exhibit-. 3. The preliminary plat included in Section VILB, dated November- r2020 February 24,2021 is approved as shown. shall be r-evised as follows .,t least ten(1 m days prior-to the City -HA-aR-- Weal st eet, nsti=uete,l at. minimum of 24 foot wide with,urb and gutte n sidewalks, and no par-king on eithef • b. Releea4e the minor-t"an loeal stfeet fiffther-setAh to allow Lots 3 9, SW Week-2 to meet theminim-amlot size in the n 8zoning distFiet f 4,000 square feet. e. Re"ee applieable building lots in the single family areas of the site to aeeammodate 4 least 5 feet of landseaping and tFees aieng the multi use pathway segments(Le 12 19,NW BleekTLots-16 24 SW Bleek 1;Lotts-25, 28,29,&34, C`--v-i meek 4 The landscape plan included in Section VII.D, dated November- 11,zN February 25,2021, is approved as shown. shall be revised as follows prior-to s4mittal of the Final PI .li mi a. R&vise the landseape plans to add a 5 feet wide kadseape buffer-akffig bOth sides 0 the pathway segment leeated along the sauthefn betindai:y of the site, !a-adseaped taeee,-•1 with UPC 11 33B 1-2-. b. Show a4 least 5 feet of landseaping on the east side of the pathway segment on the east side of the Ten Mile Greek and landseape in aeeer-d with UDG 11 3B 12 e. Show a�least 5 feet of!a-adseapiag on the south side the pathway segment abtMing Lots 12 19,NW T2leek 1 5. The Applicant shall apply for Alternative Compliance with the first each Final Plat submittal to propose an adequate alternative for all of the required pathway landscape requirements, in accord with UDC 11-5B-5. Appheant shall eensti-det a mier-e path inte the Mosher-S4divisien and tie into their-e*isfin pathway network generally Weated in the leea4iefi of the existing etIIVeI4 ever-the Ten Mile Sub Dr-ain aleng the fiefthem property betmdary with the fir-st phase of development. Page 48 Page 323 Item#9. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6,UDC Table 11-2A-7, and those listed in the specific use standards for multi-family development,UDC 11-4-3-27. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. The Applicant shall obtain Administrative Design Review approval entire multi-family development with the submittal of the Certificate of Zoning Compliance for the entire site and for the attached single-family dwellings. 11. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire multi- family development prior to building permit submittal and show an additional amenity within the multi-family portion of the project that is child focused,per the Planning and Zoning Commission requirement. 12. The Applieant shall pr-evide eeneeptttal eleva4ioas for-the pfoposed single family aftaek dwellings buildings at least ten(10) days prior-to the City Couneil hear-ing. 13. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 15. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 16. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1) commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as set forth in UDC 11-5B-6F.4. 17. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 18. The Applicant shall adhere to and maintain all standards as set forth in the Multi-family Development specific use standards,UDC 11-4-3-27. 19. Prior to building permit submittal for any structure in each phase,the Applicant shall record the associated final plat for that phase. 20. The Applicant shall record a maintenance agreement for the multi-family development that states the maintenance and the ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features, in accord with UDC 11-4-3-27. 21. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit public access easements for all of the multi-use pathways within the development to the Planning Division for approval by City Council and subsequent recordation. 22. Future redevelopment of existing homes (Lots 2 &7, SW Block 4,) shall be generally consistent with the submitted Conceptual Redevelopment Plan as seen in Exhibit VII.G. Page 49 Page 324 Item#9. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Per-minin:wm eit-y r-eqttir-ements, all sewer-mainlines and manholes etAside of a pa-ve ever-the mainlifie. This eendifien ea-a also be satisfied with a 14 feet wide paved sur-faee. T- pathway shown ever-the existing sewer-along the north properties is subjeet to t requirement as well as manholes .craw n 2, SSM14 n 3,an SSMH �c 1.2 Please t:edesign the sanitafy sewer-r-etiting to elimina4e the sewer-mainline passing thr-ett allowed within eenwnoa drives, only s (r-emiadef tha4 a mfflEim-ttm of three sefviees are allowed into a manhole,with a minin�mm 30 degrees of angle sepafation). 1.3 All sanitary sewer and water easement areas must remain free of any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for the easement. 1.4 Sanitary sewer and water service lines cannot run under carports. 1.5 Minimum distance between service lines must be maintained, 6-feet between potable/non- potable service lines, 5-feet between each sewer stub off the mainline. 1.6 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for cleaning; contact plumbing official for specific details. 1.7 Appheant shall be required to eenstfuet 12 ineh water-main in W. Pine Aventle tO eE)IR* with"to and through"requirements. This new mainline shall connect to existing water mai at the west and east ends. 1.9 The wa4er-main in N. White Leaf Way nea-F SSN414 GS needs to eenneet to the proposed water-main to the east(Mile High Pines Sub) 1.9 The water main in W. Sugar Pine Q. that currently dead ends needs to eonneet to the pr-epesedwa4er-main to the east(Mile High Pines Sub) in N. Side Greek Lane. Guffently this dead end does not meet fire flew,. ,Ate 1.10 There are a few wa4er-mains in the n:mlti family area that may have an oppeftenity to be eliminmed. See&Ehibit Seetion 3,111(1.)Water-MaFkup for-Areas of Possible Water-Mai 1.11 A Floodplain Development Permit and updated hydrology and hydraulic model are required for the W. Pine Ave bridge and pathways. 1.12 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.13 The geotechnical report submitted with this application(prepared by SITE Consulting,LLC, dated November 16,2020)indicates that they had begun the geotechnical exploration and recommendation report. This initial investigative report does not contain the final determinations. Applicant shall be required to submit the completed geotechnical report/recommendations prior to this application proceeding to the Meridian City Council for consideration. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away Page 50 Page 325 Item#9. from all residences. Foundation drains are not allowed to drain into the sanitary sewer system,nor the trench backfill for the sewer and/or water service lines. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. Page 51 Page 326 Item#9. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. These standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure Page 52 Page 327 Item#9. for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridianci(E.or lWebLinkIDocView.aspx?id=218795&dbid=0&repo=MeridianC ky D. POLICE DEPARTMENT https:llweblink.meridianci(E.org WWebLinkIDocView.aspx?id=218971&dbid=0&repo=MeridianC hty E. PARK'S DEPARTMENT https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=222554&dbid=0&repo=MeridianC hty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=219143&dbid=0&r0o=MeridianC Lty G. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=220017&dbid=0&repo=MeridianC Lty H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLinkIDocView.aspx?id=218921&dbid=0&repo=MeridianC Lty I. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=218258&dbid=0&re2o=MeridianC Lty- d. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=221010&dbid=0&repo=MeridianC hty K. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancioy.ork/WebLink/Doc View.aspx?id=218397&dbid=0&r0o=MeridianC Lty Page 53 Page 328 Item#9. L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianci(y.org WWebLinkIDocView.aspx?id=219777&dbid=0&repo=MeridianC Lty- M. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https://weblink.meridiancity.org WWebLinkIDocView.aspx?id=221015&dbid=0&repo=MeridianC Lty- N. PUBLIC WORKS MEMO—RESPONSE TO PRELIM CIVIL PLANS hgps://weblink.meridianciby.or lWebLink/Doc View.aspx?id=220311&dbid=0&repo=MeridianC Lty- O. DEDICATION AND DEVELOPMENT AGREEMENT—VIPER AND BARON hgps://weblink.meridianciby.or lWebLink/Doc View.aspx?id=222672&dbid=0&repo=MeridianC IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing, review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available within the City and within this area. Staff finds the proposed development is generally consistent with the purpose statement of the residential districts included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable)is in the best interest of city. Page 54 Page 329 Item#9. Because of the proposed addition of differing dwelling types and the construction of a needed public road extension, Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section V111 of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section Mfor more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property.ACHD considers road safety issues in their analysis and has approved the subject roads and road improvements. 6. The development preserves significant natural, scenic or historic features. Council finds that with preserving the Tenmile Creek, the development meets this finding. C. Conditional Use Permit Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the submitted site plan and preliminary plat appear to meet all dimensional and development regulations in the R-15 zoning district in which it resides. Page 55 Page 330 Item#9. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential, with Staff's recommended revisions, is harmonious with the comprehensive plan designation of Medium Density Residential and the requirements of this title when included in the overall project analysis. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses closest to the subject site, Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant complies with Staffs recommended revisions. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection, drainage structures,refuse disposal,water, and sewer. Council finds the proposed use will be served adequately by essential public facilities and services as all services are readily available, the nearby arterial street is widened to its full width, and the Applicant is required to construct a new public road extension to accommodate additional traffic flow. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors. Although traffic is sure to increase in the vicinity with the proposed use, all major roadways adjacent to the site are already at their full width and the Applicant is required to extend Pine Avenue as a collector street adjacent to their site. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare. Page 56 Page 331 Item#9. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30- 2005,eff.9-15-2005) With the preservation of the Tenmile Creek(a natural waterway), Council finds the proposed use should not result in damage of any such features. Page 57 Page 332 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Gramercy Commons (H-2021-0022) by Intermountain Pacific, LLC, Located at 1873, 1925, and 2069 S. Wells Ave. Page 333 Item#10. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER In the Matter of the Request for Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst.#106141056)for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. Case No(s). H-2021-0022 For the City Council Hearing Date of: May 25,2021 (Findings on June 8, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 25,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of May 25, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 25,2021,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 § I I-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(Gramercy Commons MDA—FILE#H-2021-0022) - I - Page 334 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 25,2021, 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 25,2021, 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 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -2- Page 335 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 11-513-6F). 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 25,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -3- Page 336 Item#10. By action of the City Council at its regular meeting held on the 8th day of June 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 6-8-2021 Attest: Chris Johnson 6-8-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Gramercy Commons MDA—FILE#H-2021-0022) -4- Page 337 ►tem#�o. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/25/2021 Legend DATE: Project Location _ 1A TO: Mayor& City CouncilC C-G 1 C C-G FROAM: Joseph Dodson, Associate Planner �C-C-G R1 208-884-5533 �_� • ' C -o SUBJECT: H-2021-0022 -C � C-G C-E Gramercy Commons MDA R-8 R-40 RR TN-R LOCATION: The site is located at 1873, 1925, and 1 2069 S. Wells Avenue, in the NW 1/4 ? RI �R-4 R-15 of the NE 1/4 of Section 20, Township R1 3N., Range lE. jUT �- RUT ".Ca I. PROJECT DESCRIPTION Development Agreement Modification to amend the Kenai Subdivision(aka Gramercy)Development Agreement(Inst. #106141056) for the purpose of amending the concept plan to incorporate 164 age restricted multi-family housing units,by Intermountain Pacific,LLC. II. SUMMARY OF REPORT A. Applicant: Mike Chidester,Intermountain Pacific,LLC—2541 E. Gala Street,Meridian, ID 83642 B. Owners: St. Luke's Regional Medical Center,LTD.; The Dagney Group,LLC, and; Elton Family Fund 1, LLC C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the Kenai Subdivision Development Agreement(Inst. #106141056) to amend the existing concept plan for the subject commercial lots and incorporate a new development plan with a multi-level, 164 age-restricted unit multi-family development. See Section V for Staff s recommended new DA provisions related to the proposed development. History: The subject sites were annexed in 2006 under AZ-06-007 (Kenai Subdivision) and platted under PP-06-019 and FP-06-048; the preliminary plat was approved with single-family detached, single-family attached, multi-family, and commercial building lots. The subject development is Page 1 Page 338 item#�o. EXHIBIT A proposed across three(3)of the commercial properties that directly abut Mountain View High School— in reality,the new development is proposed primarily on the two southern properties and only a drive- aisle and parking are proposed to cross the property line of the northernmost site. The original approvals required a cross-parking and cross-access agreement for all lots within the subdivision; Staff understands this agreement to be recorded and in place for the subject sites. The Applicant is proposing to amend the existing DA rather than enter into a completely new DA in order to show good faith in the original agreement and to remain part of the overall Gramercy Development, including maintaining the cross-access/cross-parking agreements. Because the Development Agreement(DA) does not include multi-family in this location, an MDA is required and is why the Applicant is requesting one. Concurrently, multi-family residential is a conditional use within the C-G zoning district and the Applicant has applied for said permit which is scheduled to be heard by the Planning and Zoning Commission on 6/03/2021, following the decision by Council on this DA Modification. Staff will analyze the proposed development in more detail with that report; Staff s review at this time shows the Applicant is compliant with or exceeds code requirements in parking, open space and amenities, and dimensional standards for the proposed use within the C-G zoning district. Concept Plan: The existing concept plan within the DA only depicts the three subject lots as commercial lots but does not depict any building footprints or any other development on the lots. The only development depicted on the existing concept plan around these lots are the multi-use pathway along the southern property line and the associated pathway landscaping. The pathway and required landscaping are already installed in this area of the site. See Exhibit B for the existing concept plan found within the original Development Agreement. The new development plan depicts a singular, multi-level, age-restricted (three and four stories in height) multi-family apartment complex that is wrapped around a parking structure—the parking structure is proposed to contain a majority of the required parking spaces.Around the proposed building the new development plan depicts a drive aisle that circles the entire structure and includes two areas of surface level parking located on the east and north sides of the proposed building that contain the remaining required parking. The drive aisle that circles the building is intended to be for Fire and EMS but Staff is unaware if the drive aisle will be closed to resident traffic as well.In addition to the building, the new development plan depicts multiple areas of open space and amenities located along each side of the building to include: a pool and other amenities within a south courtyard; an entry plaza along the east side of the building; fire-pits and lounging areas along the west, and; a community garden and pickleball court along the north side of the building.All of the open space and amenity areas appear to be connected with sidewalks and to be easily accessible by future residents. The submitted elevations are for illustrative purposes and further refinement is necessary to comply with the Architectural Standards Manual and other design elements of buildings already constructed within the Gramercy development. Access: The subject sites are internal to the Gramercy development and only abut a short segment of public road along the southern boundary of the site (E. Goldstone Street); all of the sites are currently undeveloped and do not have any accesses constructed on-site.However,to the north and east,adjacent sites are developed and have constructed portions of drive aisles for their access to S. Wells Avenue. As seen on the proposed development plan, the Applicant is proposing to connect to these three (3) drive aisles to provide access to the apartment complex:one to the north connecting to an existing drive aisle and commercial property and two to the east to connect to S. Wells Avenue. ACHD does not act on Development Agreement Modifications but has provided a response letter with the concurrent Conditional Use Permit application. In their response letter, ACHD has noted that no improvements are required to any adjacent or nearby public roads and did not require a Traffic Impact Page 2 Page 339 item#�o. EXHIBIT A Study because the development is not estimated to generate enough peak hour vehicle trips, despite proposing over 100 apartment units. Staff verified with ACHD that the estimated trip generation of the development does not change whether the units are proposed as age-restricted or not. In addition, ACHD has noted that all adjacent public roads are over-built and are capable of handling additional vehicle trips without issue. Because of these reasons provided by ACHD Staff is supportive of the proposed development in regards to its transportation impact. Nonetheless, Staff understands the traffic along Overland Road(the closest arterial street to the north) is worsening and any additional traffic will exacerbate the problem. The development would also have easy vehicular access to the east to Eagle Road in three different places via commercial collector streets. One of the commercial collectors also provides an additional access point to Overland Road which should lessen the burden placed on the intersection of Overland Road and S.Wells Avenue. In addition to vehicular access, the site abuts a segment of multi-use pathway that the Applicant is proposing to connect to. This multi-use pathway runs along the southern project boundary and continues both north and south. To the north, the pathway runs along S. Wells and connects to the arterial sidewalks along Overland Road. As the pathway heads south, it runs along the Mountain View High School property and then connects to a public park, Gordon Harris Park; the pathway then continues into the neighboring single-family development further to the south. Staff finds proposing an apartment complex in this area of the City in close proximity to commercial development, child care/charter school, and established regional pedestrian facilities warrants a Development Agreement Modification and support of the proposed development. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA(Inst. #106141056) as recommended by Staff s analysis above and with the specific changes below. B. The Meridian City Council heard this item on May 25,2021.At the public hearing.the Council moved to approve the subject Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative- b. In opposition:None c. Commenting: Hethe Clark: Mark Sindell,Project Architect; Tiina Ritual,Project Architect: 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. Will the amended DA be tied to the submitted site plan?—Yes. b. Clarification on what spaces will be allowed for cross-parking in the overall Grammercv development. C. Clarification on the proposed DA provision language change and the term"joint-use facilities." 4. City Council change(s)to Commission recommendation: a. Work with Planning and Legal Staff to ensure proper language on the DA provision requested to be revised by the Applicant. Page 3 Page 340 item#�o. EXHIBIT A V. EXHIBITS A. Development Agreement provisions from the existing DA(Inst. #106141056): Existing Provisions: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT(AZ 06-021)KFNAT SUBDIVISTON PAGE 3 OF 1 I Page 4 Page 341 ttem#�o. EXHIBIT A 1. All future uses shall not involve uses,activities,processes,materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 2. That all future development of the subj ectproperty shall be consistent with the owner/developer's conceptual plan unless otherwise modified by other provisions of the Development Agreement. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That all future uses and lots on this site shall conform to the District Regulations and Allowed Uses contained in the Unified Development Code(UDC),in effect at the time of development. 5. That the ownerldeveloper will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance Section 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That development of the residential and commercial lots,along with the orientation and relationship to the street,particularly the auto court,shall comply substantially with the submitted sample elevations and materials list in Exhibit A of the staff report for the hearing date of June 27,2006. 8. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the southern and northern property boundaries to the point of connection with adjoining projects. The commercial/office lots should include either a permanent easement or be redesigned to include landscaping in common lots along Overland Road 9. That the maximum square footage of one single building without design review shall be 60,000 square feet or a maximum of 40'in height. 10. That the owner/developer shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ridenbaugh Canal and along the western property boundary to the area where the proposed R-15 zone transitions to the C-G zone. The pathway shall then connect to the proposed detached sidewalks along S. Kenai Way and continue internally through the site to connect with E.Overland Road. 11, That the owner/developer shall comply with all design and maintenance standards as defined by UDC 11-3A-8 unless specifically waived by the Meridian City Council. 12. That the owner/developer shall coordinate with the Meridian Parks Department the transfer by dedication of the 2,035 acre addition to Kiwanis Park. The owner/developer shall also be responsible for all costs of dedication, construction, landscaping, and pathway construction as agreed upon. Page 5 Page 342 ►tem#�o. EXHIBIT A Staff s Recommended Changes: Strike 5.1.9—Current development code requires Administrative Design Review for new multi- family residential and new commercial so it is not necessary to dictate other parameters. Staff does not recommend any other changes to the existing provisions for this site as this DA and these provisions encompass a much larger area than the three subject sites. Add Provision: "Future development of the proposed age restricted multi-family development on the subject C-G zoned properties shall be substantially consistent with the approved site plan,unit count, open space and amenities, and future approved elevations(the submitted elevations are not approved; future elevations will be reviewed via Administrative Design Review with a future Certificate of Zoning Compliance application for the overall site development)." Add provision: "The multi-family units within this project shall be age-restricted to 55 years and older,per the Applicant's proposal." Add provision: "Applicant shall connect to the regional pathway system along the southern property boundary by constructing at least one(1)pedestrian crosswalk across the drive aisle with either stamped concrete,brick pavers, or similar to clearly delineate the pedestrian connection to the pathway system." Add provision: "Future development of northernmost property(1873 S. Wells Avenue; Parcel# R3238510240) shall NOT include any multi-family development and shall be limited to commercial uses(including vertically integrated development)unless a future Rezone application is applied for to allow single-family dwellings. The concept plan for these three parcels shall be updated when Parcel R3238510240 develops in the future." Add provision: "Prior to Certificate of Zoning Compliance approval, a Property Boundary Adjustment shall be obtained by the Applicant to reconfigure the lots consistent with the proposed site plan." Page 6 Page 343 item#�o. EXHIBIT A B. Existing DA Concept Plan(Preliminary Plat): CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIM HEARING DATE OF6/27/2006 Exhibit Al: Preliminary Plat dated#Ism-10 Revised June 27,2006 POOR COPY Subj ect Sites 4 -'---- 111 1 1 A j��y �' it I! •+ 1 a i A e F N01NEERNNI ~"y^-* auvui-a,toro nci a n o.i rnrr.t r g e A; YtffidI WBDIP�ION ESOUMONS,, _ ai e.....w JJ rr.luNw�-..vi ._�. ti .L�.'�' Kenai Subdivision Exhibit A Page I Page 7 Page 344 item#�o. EXHIBIT A C. Proposed Development Plans: m a o en z 3 Z p 3 w � x � - o — a o � z n 3 A 507 32' �' ..—..—..—..—..—..—..—..—..—..—..—..—..—..—..—. .. ..............— Fire Department Access o � o 0 8 G1 _ LJ_LJ—L�L�W o o III ��7�I��� o — I„I II — Aar ssor�� z � I 507 3. 0 0 s weosA— S 0 A - 9 — n 0 a a Go Page 8 Page 345 item#�o. EXHIBIT A SECTION 05 CONTEXT VIEW " Parkin,Garage v -.Fntry Plaza The Goddartl School of Meridian SECTION 07 LANDSCAPE PLAN TRE-. ai GEND all w as ,Y - PROJECT INFORMATION There are no existing natural features,existing buildings,or t�� emcebem « exis[ng trees vnthtrunks greater(han4 Acheson[hesta. 3 l5 een,anea 33 .er&rcn Renege Street Trees see Tree Sp—Mix Street BuRers:n/a 6' % � xenwckv�oneeTree Parkin lot ter landsca tri 10' g perime pes p: krfn: •• 7 ,h pee ape BuRerwidlhbetweendifferenl land uses:10' � '.��-�' 'J ♦�_ Numberol parking stalls and percent of parking area with internal lantls<aping:]1 surface stalls located along Internal circulation routes,no more than 12 stalls between landscaping Total number of trees and free species m'oc:941see Tree Species Residential Building Mix) &Parking Garage O EntryP— © sgatn<of.tyam ' �' - O (bmmwhYGarden Recfeatbn<out ��• O Garage Enry&Service court i ORre Wpartmem Access O 8-0—M.—Patlo Typ. ©PedesMan<onrectionto Garclon Rarrls Park �. �`� - b} °+�� �Pedestrian Connection to existng residential G.—common.I W,Hw,ID I C,xlifi,ml ure Remit Application 103.28.2021 06LO 12 Page 9 Page 346 item#�o. EXHIBIT A D. Conceptual Building Elevations: (NOT APPROVED) SECTION 04 1 ELEVATIONS Metal Panel mpstlmg Brick — EAST ELEVATION Texmetl cancrare McGlPanel Lagsang Brick - al SOUTH ELEVATION Gn Oa.—I Me—-ID I G+rKini—UxelE—Applkgcipp 1 03.23.2021 GGLO 2 SECTION 04 I ELEVATIONS Metal Panel SNcco Lanp Sltling ® ® LU ® 11 ® a [It a use 1 f;. ® ® LE 9 9 B WEST ELEVATION Metal Parel Lap-hg Brack Kill 99999 99 19 � 9999 9991 ' 19 �;�,_ V - � 19 9889 9991 -_0 ' II NORTH ELEVATION Ga av .—I ID —fti—U.Peen Appik—I03.23.2o21 GGLO Page 10 Page 347 Y� T � a �GUTH COU RTYARD Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and SCS Brighton, LLC; SCS Brighton II, LLC; DWT Investments, LLC; SCS Investments, LLC; SCS TM Creek, LLC; Brighton Land Holdings, LLC (Owners) and Ten Mile Crossing, Inc. (Developer) for Ten Mile Crossing (H-2020-0074), Generally Located East of S. Ten Mile Rd. and South of W. Franklin Rd. Page 349 Item#11. ADA COUNTY RECORDER Phil McGrane 2021-089157 BOISE IDAHO Pgs=89 CHE FOWLER 06/09/2021 08:52 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SCS Brighton,LLC,Owner 3. SCS Brighton U,LLC,Owner 4. DWT Investments,LLC,Owner 5. SCS Investments,LLC,Owner 6.. SCS TM Creek,LLC,Owner 7. Brighton Land Holdings,LLC,Owner 8. Ten Mile Crossing,Inc.,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 8th day of June , 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,SCS Brighton,LLC,whose address is 2929 W.Navigator Drive#400, Meridian, ID 83642; SCS Brighton II, LLC, whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642; DWT Investments,LLC, whose address is 2929 W. Navigator Drive#400, Meridian, ID 83642; SCS Investments,LLC, whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642; SCS TM Creek, LLC, whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642; Brighton Land Holdings,LLC,whose address is 2929 W. Navigator Drive #400,Meridian,ID 83642,hereinafter called OWNERS and Ten Mile Crossing Inc.,whose address is 2929 W.Navigator Drive#400,Meridian,ID 83642,DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property;and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners/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 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land;and DEvELOPMENT AGREEMENT—TEN MiLF CROSSING(H-2020-0074) PAGE 1 OF 16 Pi�ge 350 , Item#11. 1.4 WHEREAS,Owners/Developer has submitted an application for the Rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the TN-C and C-G zoning districts to R40 zoning district; 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district; and 0.53-acre from the TN-C zoning district to the C-G zoning district;and, Development Agreement modification to terminate all existing agreements in the Ten Mile Crossing development area in favor of one master agreement to govern future development of the overall area. The proposal includes a request for adoption of project-specific design guidelines to supersede those in the Ten Mile Interchange Specific Area Plan(TMISAP), which include deviations from certain goals and guidelines including decreased floor area ratios,different street and streetscape designs,landscape and architectural design elements and site development standards,including an increase in height in the C-G zoning district of up to 100-feet to allow for 6- story buildings[i.e.TM Crossing-AZ-12-005(Inst. 114002254, 1 st Addendum #2016-062220, 2nd Addendum #2017-051907, TMC Expansion #2019- 011700); TM Creek/TM Creek East-AZ-13-015/H-2015-0018 (Inst. #114045759, 1st Addendum#2016-073497,2nd Addendum#2017-113747); Ten Mile Center-AZ-14-001 (Inst. #2014-065514); Calnon Properties -H- 2015-0017(Inst.2016-030845);and Bainbridge Franklin-H-2018-0057(Inst. #2019-077071)]., under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made;and 1.5 WHEREAS,Owners/Developer made representations at the public hearing before 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 Development Agreement Modification held before 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 12`h day of May, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B";and 1.8 WHEREAS,the Findings require the Owners/Developer to enter into a new Development Agreement on only the subject property listed in Exhibit"A" before the City Council takes final action on final plat;and 1.9 WHEREAS,Owners/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request;and DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 2 OF 16 Page 351 Item#11. 1.10 WHEREAS, The subject property listed in Exhibit "A" shall no longer be subject to the terms of the existing Development Agreements [i.e. TM Crossing-AZ-12-005 (Inst. 114002254, 1st Addendum #2016-062220, 2nd Addendum#2017-051907,TMC Expansion#2019-011700);TM Creek/TM Creek East-AZ-13-015/H-2015-0018 (Inst. #114045759, 1st Addendum #2016-073497,2nd Addendum#2017-113747);Ten Mile Center-AZ-14-001 (Inst.#2014-065514);Calnon Properties-H-2015-0017(Inst.2016-030845); and Bainbridge Franklin -H-2018-0057 (Inst. #2019-077071 )] upon the property owner(s)entering into this new agreement. 1.11 WHEREAS,City requires the Owners/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 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 OWNERS: means and refers to SCS Brighton,LLC,whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642; SCS Brighton II, LLC, whose address is 2929 W.Navigator Drive#400,Meridian,ID 83642;DWT Investments, LLC, whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642; SCS Investments, LLC, whose address is 2929 W. Navigator Drive#400, Meridian, ID 83642; SCS TM Creek, LLC, whose address is 2929 W.Navigator Drive#400,Meridian,ID 83642;and Brighton Land Holdings, LLC, whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642 hereinafter called OWNERS, the parties that are developing said Property and shall include any subsequent owners(s) of the Property. DEVELOPMENT AGREEMENT—TEN MILE CRossING(H-2020-0074) PAGE 3 OF 16 Page 352 Item#11. 3.3 DEVELOPER: means and refers to Ten Mile Crossing,Inc.,whose address is 2929 W. Navigator Drive #400, Meridian, ID 83642, hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be rezoned 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. Owners/Developer shall develop the Property in accordance with the following special conditions: (1) Future development shall be consistent with the guidelines for development in the Ten Mile Crossing Design Guidelines pertaining to land use,transportation and design; UDC standards; and design standards in the Architectural Standards Manual,except for the deviations specified in this agreement. (2) Public art shall be incorporated at the entries of the site to create a sense of arrival and as appropriate throughout the overall development. Public art should contribute to the character and identity of the City and should be incorporated in the design of streetscapes, plazas, public spaces associated with buildings, etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies, or visible from the street or publicly assessible open spaces rather than interior courtyards. (3) Building height in the C-G zoning district for structures in the area governed by this agreement is allowed to extend up to a maximum of 100-feet without further application. (4) Direct lot access via S.Ten Mile Rd.and W.Franklin Rd.,arterial streets;and W.Cobalt Dr.,S.Wayfinder Ave.,S.Vanguard Way and S.Benchmark Ave., collector streets,is prohibited in accord with UDC 11-3A-3 unless otherwise approved by the City and ACHD. City Council approved waivers to UDCJJ- 3A-3for direct access via S. Ten Mile Rd., W.Franklin Rd.,S. Wayfinder A ve. and W. Cobol t Dr,as shown on the preliminary plat and concept plan for TM Creek Subdivision(AZ 13-0156;PP-13-030). (5) The design of future buildings in this development shall incorporate design elements that are generally consistent with those in the "typical' elevations DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 4 OF 16 Page 353 Item#11. shown in Section VIII.G and the architectural design guidelines in the Ten Mile Crossing Design Guidelines. (6) The developer shall continue to work with Valley Regional Transit(VRT)to determine the nature and timing of public transit services needed in this area. With each final plat development phase,an update should be provided to the City. Shelters should be placed at transit stops for weather protection to patrons;the design of such should be coordinated between the City, VRT and ACHD ensuring architectural consistency with the general theme of the activity center. Transit locations should include pedestrian amenities such as landscaping,pedestrian and landscape lighting,benches and trash receptacles consistent with the design and location of the shelter. (7) Prior to the City Engineer's signature on the first final plat for TM Center,the developer shall submit a surety to the City of Meridian for the cost of a Welcome to Meridian sign to be placed off-site at the intersection of S. Ten Mile Rd. and S. Vanguard Way. The sign shall be constructed prior to issuance of the first Certificate of Occupancy in the first phase of TM Center subdivision. (8) A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring with the Overlay District,the Applicant is required to submit,and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10,Chapter 6,including hydraulic and hydrologic analysis. (9) Street lights shall be installed within the tree lawn area along W.Frankin Rd. (10) The Applicant should follow the bubble plan concept presented at the hearing, included in Exhibit VIII.H, as they move forward with their conceptual development plans. (11) A significant central amenity shall be added to the concept plan for the project, whether it be an amphitheater,a plaza,or a park.The Developer should seek assistance from the urban renewal agency or work with Council on what that amenity might look like. (12) If at some point in the future the adjacent homes to the north and east of the site(i.e.Parcel#R7192800752)redevelop commercially and the 25-foot wide street easement depicted on the Primrose subdivision plat on the adjacent property to the north(Lot 7,Block 3)is dedicated,a public street connection may be required at that time. (13) A pedestrian connection shall be provided from the residential neighborhood (i.e.Primrose Subdivision)to the commercial development to the west on the TM Crossing Expansion site(H-2018-0122 Parcel#R7192800752)in accord with UDC 1 1-313-9C.3. The location of the pedestrian connection may be within the street easement adjacent to the north property boundary. (14) Street lights shall be installed within the tree lawn area along S.Ten Mile Rd. and W. Cobalt Dr. (15) Pedestrian-scale lighting shall be installed along S.Wayfinder Ave.,north of Ten Mile Creek. DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 5 OF 16 Page 354 Item#11. (16) All structures within the TN-C zone adjacent to S. Wayfinder Ave. north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 1 1-2D-5 and the design elements contained in the Ten Mile Crossing Design Guidelines. (17) Buildings along S. Wayfinder Ave. north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts. (18) A crosswalk shall be provided across S. Wayfinder Ave.where the multi-use pathway along the Ten Mile Creek crosses the street. (19) Except where multi-family development may occur, for streets and block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants,offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously-scaled display and transom windows, pedestrian-scales signs and banners, and awnings or canopies for sun shading. (20) Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the Internal Pedestrian Plan shown below. AI „v r t A A -- MM Op.._ sib (21) South Wayfinder Ave. shall initially be constructed in accord with the street sections shown below.Future reconfiguration of S.Wayfinder Ave.may occur if warranted by ACHD, in accord with the street section shown below. DEVELOPMENT AGREEMENT—TEN MR.E CROSSING(H-2020-0074) PAGE 6 OF 16 Page 355 Item#11. n be tv Rcw M BOP 7.W 14.OP KOU T.W B.DQ ?Aq(3NG BIKE LANE [ IANE EKE F/13.IN•} DAP 71W 5A0' 11.UP 13.W ►&:D f 13.W 11.OP 6.W 7-W z5a SUEWAL( i BIKE LANE LANE TL:B.y LOF 1-Alff LAW BIKE yW 3MWALC 25U DSP F1fTLNRE FDTSITIE FUTLAtE ^^ I.:..; FilttlF� FVTLiIE MTURE 95V REMAINING SLDEVMLK CON37RI.C1E D RE"W"Nu 3VEW4LK Gm"UCTED WI"OUXMI"G FRANKLIN CROSSING AVE VWM BL'Lo�, NORTH OF CREEK PL 100AU BOW PL [ NAP 6.6t7 T2W IO.W 1307 IO.W 12W 5.5D' NAP 9-W SIDEWALK E BD LANE LANE TTJRNLAE LANE LAW BKE SIDEWALK BOU I > FRANKLIN CROSSING AVE BRIDGE SECTION PL DO ROUT PL BAP 7,W 14-W TA.W 0,W PARKING 7111E LANE [S.P LANE rlkE PAWNG t 5W 5.W 3.W &W5.7 Ow SOMAL( PLANTER 2.00 RKE LANE LANE TVRNLANE LANE LIWE BIKE WL.�PLANTER SCEW-UK fl� F11TIXtE FVTLNE RMxE I FVTUM 7UTLXM FLTIJRE I I I a� FRANKLIN CROSSING AVE SOUTH OF CREEK DB.W?RESERVED FORFLITUREROADwAY EXPANSdON Kam IL 78.W ROW R. 10AP PRE4RWEA PREIERW FM FVTVRE j' POR FifT7AiE im5W II.W 13.W 11.W 5.W ILW 5.W 1W 310EWALL PLANTER 3 E,W BNE LANE TURN LANE LAN WE 2-W PLANTER WDEWALK TEN MILE CREEK DR 3 LANE COLLECTOR W/MEDIAN (22) The TM Creek East site (H-2015-0018) shall develop with multi-family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special Weetscape improvements to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical." (23) The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site. (24) The property shall be developed in a manner that provides a transition in uses to adjacent residential properties. (25) A pedestrian connection shall be made to the adjacent school site to the east (i.e. Peregrine Elementary School). (26) The portions of the property zoned TN-C and TN-R shall be developed in a manner that incorporates traditional neighborhood design concepts. DEVELOPMENT AGREEMENT—TEN MILE CROSSNG(H-2020-0074) PAGE 7 OF 16 Page 356 Item#11. (27) Only residential uses shall be developed within the R-8 zone. In addition to other allowed uses, a minimum of 75 residential units shall be developed within the TN-R zone, and a minimum of 300 residential units shall be developed within the C-G and/or TN-C zones combined. (28) The Kennedy Lateral and all other waterways on the site shall be piped or otherwise covered in accord with UDC 1 1-3A-6, unless waived by City Council. (29) Based on the 2020 Sewer Master Plan Update, the subject property (i.e. Parcels S 1214233668&S 1214233680)lies within two sewer boundaries.The Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this development is are being proposed via main extensions from the Black Cat Trunk and Ten Mile Diversion Trunk of mains located near the Purdam Drain within the southwest portion of the subject property and main extensions from Franklin Road. Owner/Developer shall install mains to and through the development, 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 then alternative materials shall be used in conformance with City of Meridian Public Works Department standard specifications. (30) Water service to the subject property parcels#S1214233668&S1214233680) will be via extension of mains in Ten Mile Road along the alignment of the future east-west collector. Owner/Developer shall be responsible to install water mains to and through the property at the time of development and to coordinate main sizes and routing with City of Meridian Public Works Department. (31) Future construction of streets within this site shall be consistent with the applicable street section as shown on the Street Sections contained in the Ten Mile Crossing Design Guidelines. (32) Development occurring on the subject property shall be subject to the development agreement and conceptual development plan dated March 18, 2021,included in Exhibit V1I1.11,consistent with the MU-C and MU-R land use designations. A mix of uses from each major use category (i.e. commercial,residential,employment)shall be provided.No more than 30%of the ground level development within the MU-C designation shall be used for residences.No more than 40%of the land area within the MU-R area shall be utilized for non-residential uses. (33) Provide a minimum of 218 residential dwelling units on the site of varying types (i.e. multi-family, single-family, townhouse, duplex and/or vertically intregrated). Note: The number of units provided may be greater than 218 units without a limit on the maximum number of units. (34) A 10-foot wide multi-use pathway shall be constructed on the site along the south side of the Ten Mile Creek and to the property to the south(i.e.Parcel #S 1214233668). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 1 1-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-3B-12C. DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 8 OF 16 Page 357 Item#11. (35) The stub street that exists to this property at the east boundary of the site #S 1214121133),W.Cobalt Street,from Whitestone Estate Subdivision shall be extended with development. (36) The Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa&Meridian Irrigation District(NMID) as it is owned in-fee by NMID. (37) This property(i.e.Parcels#S 1214212622,#S 1214121134,#S 1214120712& #S1214121133) borders a domestic water pressure zone boundary, and therefore with development,the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W.Cobalt Street.The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department.Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. (38) The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property (i.e. Parcels #S 1214212622, #S 1214121134, #S 1214120712 & #S1214121133), the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners/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 Owners/Developer that is not cured after notice as described in Section 7.2,Owners/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, DEvEr oPMENT AGREEMENT—TEN MmE CRossING(H-2020-0074) PAGE 9 OF 16 Page 358 Item#11. ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners/Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants,agreements,conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners/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 Owners/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners/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. it. 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 Owners/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 Owners/Developer to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT-TEN MILE CROSSING(H-2020-0074) PAGE 10 OF 16 Page 359 Item#11. 13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 DEVELOPER: Ten Mile Crossing,Inc. 2929 W. Navigator Drive#400 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES:Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/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. DEVELOPMENT AGREEMENT-TEN MILE CROSSING(H-2020-0074) PAGE 1 l OF 16 Page 360 Item#11. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20, COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owncrs/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 Owners/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 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 re-zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: SCS Brighton C Ten Mite Cro ing, Inc. By: -Rb6ePf-4 L. ���jAg By: 7 oIo h-1L;ps Its: Pre.sid&v-�a_J76 r j kjovnCor?,.,W1"er Its: Uu e.-F Do erg t in oAce - SCS Brighton 11, LLC /Z& By: y2� +. i L, i ns Its PreS # rig 4>,ACorp., W,....~.. er DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 12 OF 16 Page 361 Item#11. DWT Investments,LLC By: Rc ie V-. w 0 s Its ere.s+d SCS Investments, LLC —Z�kg ,,,�- ' By: iG,yy t"L-i Its SCS TM Creek,LLC Its Brighton Land Holdings,LLC By: i2o L. ip kL LV'ps Its Qfesid.e-'* a¢ Corp.,Z-�`S �V�auasier CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 6-8-2021 Chris Johnson, City Clerk 6-8-2021 DEVELOPMENT AGREEMENT—TEN MILE CROSSING(D-2020-0074) PAGE 13 OF 16 Page 362 Item#11. STATE OF IDAHO ) ss: County of ADA ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared 1�ofoex4- L. kZ Lt; o s _known or identified to me to be the 9ftscs Brighton,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. SHARI VAUGHAN Notary Public for p Notary Public-Stale of Idaho Commission Number Z0181002 Residing at:Emg !c "o My Commission Expires Jun 1, 2024 My Commission Expires: STATE OF IDAHO } ss: County of ADA ) On this day of VAX11 2021, before me,the undersigned, a Notary Publi in and for said State, ers$nally appeared ��ioe r� 1_. 1n.�V D s known or identified to me to be the KtS.4 a� �}a,��tp�, f5CS Brighton,11,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. SHAR=JufnI, Notary Public for Notary Publ Residing at: -A i Commission My Commission xpires: My Commission STATE OF IDAHO } ss: County of ADA ) On thi day of 2021, before me, the undersigned, a Notary Public inand for said State, erso l appeared n(oe + Q�known or identified to me to be the Yrm.o ur. o Investments,LLC,and the person who signed above and acknowledged tome that he executed tTie 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. tit 0 SHARI VAUGHAN Notary Public for LQ Notary Public-state of Idaho Residing at: G_" Commission Number 2018100 My Commission xpires: (o_ I-q,3i_L - My Commission Expires Jun 1, 2024 DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 14 OF 16 Page 363 Item#11. STATE OF IDAHO } : ss: County of ADA ) On thisc&day of 2021, before me, the undersigned, a Notary Public 'n and for said State, personally appeared i rE�a ll known or identified tome to be the Ore sAw,+ of SCS Investments,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. L SHARI VAUGHAN Notary Public for Notary Public-State of Idaho Residing at: ram *- S Commission Number 201810032 My Commission res: — -Q0 a '4 ray Commission Expires Jun 1, 2024 STATE OF IDAHO ) ss: County of ADA ) On thiseV day o 2021,before me, the undersigned,a Notary Public in and for said State, erso all appeared ' known or identified to me to be the �rQS trams �+ �' TM Creek,LLC,and the person who signed above and acknowledged tome that he executed the same on behalf of said entity. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARI VAUGHAN Notary Public for a Notary Public-State of Idaho Residing at: k—X A le. Commission Number 20181002 My Commission xpires: �p$� My Commission Expires Jun 1, 2024 STATE OF IDAHO } ss: County of ADA ) On this day of ct. 2021,before me, the undersigned, a Notary Public in and for said State,person? appeared Zn b + L. fit:�I 1"'a s known or identified to me to be the is.o� r� o Brighton Land Holdings,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. SHARI VAUGHAN Notary Public for EMYCCOO-MI-1-1-1- STATEry Public-State of Idaho Residing at: QLG le. 7- tZ ission Number 20181002 My Commission xpires: ission Expires Jun 1. 2024 OF IDAHO ) DEVELOPMENT AGREEMENT—TEN MILE CROSSING(H-2020-0074) PAGE 15 or 16 Page 364 Item#11. , ss: County of ADA } On thiQ4Aday of Akoaj 2021,before me, the undersigned, a Notary Public in and for said State, personally appeared-K p6 L.% o.; l l'o-S _known or identified tome to be the(,,, a7gcLAA bgitt[of Ten Mile Crossing,Inc.,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 �, o SHARI VAUGHAN Residing at: n Notary Public-State of Idaho My Commission xpires: Commission Number 20 18 1002 My Commission Expires Jun 1, 2024 STATE OF IDAHO ) ss County of Ada ) On this 8th day of June 2021, before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridianjdaho Commission expires:3_28_gn?g DEVELOPMENT AGREEMENT—TEN MILE CROSSING(II-2020-0074) PAGE 16 OF 16 Page 365 EXHIBIT A E N Gam October 9,2020 Teri Mile Crossing Sub-Area Project No_19.105 Legal Description Exhibit A A parcel of land situated in a pogiian of Section 14,Township 3 North,Range i West,6.M..City of Meridian,Ada County,Idaho and being more particularly described as follows; Commencing at the norftwest corner of sell Section 14,which hears N89'09r27"W from the north 1/4 mrner of said 5ectlon 14,thence following the northerly line of salt!Section 14,S89°09'2-r E a distance of 74A6feet; Thence leaving said nortf*rly line,SWW'33"VV a distance of 72.W feet to the southerly right-of-way line of VV.Fran kiln Rd.and the subdivision baunda ry of TM Creek Subdivision No-2 a rid being the POINT OF BEG$MNING. Thence fallowing said southerly right-af-way line and said subdivision boundary,the fonowing tvmtve courses: 1_ S89`09'27"E a distance of 176AS feet; 2. SW54Y33"W a distance of 10.70 feet- 3- SWME!'27"E a distance of 70.01)feet; 4. NOD°50'3rF 8 distance of 10.00 feet; 5. S89'09'27"E a distance of 44.37 feet; 6_ N88°2N2T'E a di5tarwe of 9.64 feet; 7. SG4"5D'33"W a distance of 7.41 feet 8_ S89'09'27"E a distance of 651.72 feed; 9. S84"34'43"E a distance of 11353 feet; 14. 588'42'21"E a distance of 1Z8.76 feet; 11, N84°21'40"E a distance of 94.56 feet; 12_ N87°3644:E a distance of 180.08 feet to the subdivision boundary of TM Cree<Subd Msion No_4; Thence leaving said subdivision lboundary of TM Creek Subdivision Nu.2 and following said southerly right-cf- way fine and said subdivision boundary of TM{xee k Su bdivision No-4 the following four Courses: 1. 583`19'S4"E a distance of 144.49 feet; - $W0953"E a distance of 158.24 feet; 3. N00°3S'OrE a distance of 12.05 feet; 4_ S99`09'27"E a distance of 75.09 feet; Thence leaving said southerly right-of-way line and fnllowiN said subdivision boundary the following two courses; 1_ S00°34'31"W a distance of 18.'3D feet; 2_ S9M'27"E adistanm af249DOfeet, 9233 West State Street ■ Boise,Idaho 93714 - 2D8.639.6939 ■ kmenelIP.rofn Ten Mile Crossing—H-2020-0074 Page 366 EXHIBIT A Thence leav[ng said subdivision boundary,58"'27"E a distance of 1,079,97 feet; The nre 589'13'12"E a distance of 467.21 feet; The nce N001],WE a distance of 1-93 feet; Thence 19A4 feet along the art of a circa ar cu rve to the left,said curve having a radius of GO.00 feet,a delta angle of 18'33'54",a chord bearing of NOW05'04"W end a dhord distance of 1�F.36 feet to the said southerly right-of--way line; Thence following said southerly right-of-way line the Following three courses; 1. 589"13'12"E a distance of 322-98 feat; 2- NOO M27"E a distance of 20.00 Feet; 3. 589'13'12"E a dlstanm of 542.00 feet to the easterly line of the Northwest V4 of the Northeast 1/4 of said Section 14; Thence following said easterly line,MO"3X27W a distance of 1,2W-5afeet to the southeast corner of Bald Nort.bwest V4 of the Northeast 1{4(northeast comer of the Southwest 114 of the Northeast V4); Thence leaving said easterly line of the Northwest 1/4 of the Northeast 114 and followingtate easterly line Qf said Southwest 1/4 of the Northeast 114r 50TW20"W a distance of 1,038.11 feet; Thence leaving said easterly ll ne,N89'12'394W a distance of 450-00 fleet; Thence SQ4'34'20e'W a distance of 290.40 feet to the Southerly line of said Southwest 1/4 of the Northnst 1/4; Thence following said southerly line,Ngg• '12'39"W a distance of 879.80 feet to the center of said Section 14 (northwest corner of Primrose 5uhdivisi❑n); Thence leaving said southerly line and folbwing the easterly line of the Southwest 1/4 of said Section 14 (westerly Fine of s.a id Primrose 5uhd ivision),SOW35'29 W a distance of 887-73 feet to the northwest corner of the"Public Use Area"lot on Said Primr❑se Subdivision; Thence leaving said easterly line(westerly line of said Primrose Subdivision)and following the northerly One of said"Pu bllc Use Area'lot,589'11'48"E a d ista nee of 165.98 feet to the northeast comer of said late Thence leaving said northerly line and fo Mowing the easterly line of sa id lot,SJW37'58"UV a d Istance of 440.52 feet to the Sootheast comer of said lot; Thence leaving said easterly line and follo,Ning said 5outherfy line,N89*19'00 a distance of 166.30 feet to the southwest co rner of said lot on the easterly line of said Southwest 1/4 of said Section 14; Thence leaving said southerly line and folb ing5aid easterly line(also the subdivision boundary of TM Cromi ng Subdivision No-4),500'35'29"W a distance of 15.90 feet to the narther[y right-of-way line of Interstate 84, Thence following the northerly right-of-way llne and sa W Su bdivision boundary,N89'34'11"W a dicta rke of 396.68 feet to the subdivision boundary cfTfvl Crossing Subdivision No.2; Thence leaving said subdivision boundary of TM Crossing Subdivision No.4 and fo0 wing said northerly*ht- of-way line and Said Subdlvl0on boundary of TM Crossing Subdivision No.2 the following tight courses-. 1. N8994'11"W a distance of 10kE1 feet; 2. N81'01r4i"W a distance of 83.12 fleet; 3. N$5�34'09"Wadistan€eof670.00feet 4. N04`25'51"Eadlstance-of 25.0a2eety S. N85`34'09"Wadistan€eof110,CDfeet 6. 504'25'51"1N a distance of 15_DO f #; 7. H21,29'ci"w a distanreof42It7feet; B. N82`36'3U"Wadistanceof185-91 feet to the subdivisionboundaryofTMCrossing Subdivision No.3; PAGE I Ten Mile Crossing—H-2020-0074 Page 367 EXHIBIT A Thence leavingsaid subdivision boundary of TM Crossing No-2 and following said northerly rat-of-way line and Bald SubdMslon Boundary of TM Cra;sing Subdivision No.3 the Following four courses, 1- N82*3&3(rW a distance of 394.97 feet; Z. N73'55'09"W a distance of 144.00 feet; 3. N46'58'42" a distance of 166,76 feet; 4. N12TS'53"W a distance of 92-20 feet to the easterly right-of-way llne of S.Ten Mile Rd.; Thence leaving said nartherly right-of-wa� line,and following said easterly rigrrt•uf,way line and said subdivision bounldapy, NOI'31`49"W a distance of 71.15 feet to the subdivision boundary of TM ossing Subdivision, Thence leaving said subdivision boundary of TM Crossing Subdivisio n No.3 and following said easterly right-of- way line a nd said subdivision boundary of TM Crosslog Subdivlslon the fol lowing three cou rses= 1. N0r31'49'W a distance of 396.89 feet; 2. N&T42'58'W a distance of 4.M 1Aet; 3. NOb"3C'OVE a distance of456-76feetw Thence leaving sold subdivision houndar�and fallowing said easterly right-of-way line the following sic Courses: 1, 589'111TE a distance of 35-18 fee; 2. N0Q 31'34"Ea distance of236-38 Net; 3- N$9'24V27`W a distance cif 46,0S feet; 4. N00 Y33"E a distance of 1,069.27 feet 5- 58'9°2627'°E a distance of 12,9S key 6, NOn9 37"E a distance of 39.28 Feet to the Subdivision boundary of TM Creek Subdivision No.1. Thence following said easterly right-uf-my line and sated subdWiision boundary the fallowing twelve courses; 1. NO3'39'37'E a distance of 20-72`eet; 2- NBfi'2Q'234W a distance of 16.21 feet; 3. N00°33'51"E a distance of 4-41 feet; 4. N 1G'4-?07"E a distance of43.38 Feel; S. N53'31'44"E a distance of 5A.14 Feet; 6- NO3°31'44"E a distance of 66.89 Feet; 7. N49°2627"W a distance of 43-98 feet; .8- N03639'37"E a distance of45.01 Feed; 9. N01°43'37"1N a distance of 13213 feet; 10. 19.74 feet along the arc of a cimlarcunre to the left,said curve having a radius of 7,272.00 feet a delta angle of 00'O '20 ,a chord bearing on NO2'SS'55"l:and a chord dicta nce of 19.74 feet; 11. N89'41'52"E a distance of 4-35 feet; 12, NOO°33'33"E a distance of 529.09 feet to the subdivision Wv ndary of TM Cree k Su bdivisio n No.2; PAGE 13 Ten Mile Crossing—H-2020-0074 Page 368 EXH I BIT A Thence Ieaving said subdivision boundary of TM Creek Subdivision No_1 and following said easterly right-of- way Gne and said subd ivision bou ndary of TM Creek Subd(vision No.2 the following four courses= 1. NODa33'33"E a disc nce of 12331 feet; 2_ N07'37'31"E a distance of 80.50 feet, 3. NOO°33'2a"E a distance of 100-00 feet; 4_ 1\145a0g55"E a distance of 23.06 feet to the Pa NT OF BBGINNiNG. Said description runtaim a total of 307.?2 acres,more or less, w , 1 4 59 GF �. W30, PAGE 1 4 Ten Mile Crossing—H-2020-0074 Page 369 EXHIBIT A Y s ■ 7 x�4`I313'e le �i �x 17 la iK sA9'04'2i`e 599`13'IPe �In�. g v L V .Y f I.19,7341w 45HO a 491?!aam 4 S'74_AO ram- ry h ai f s a u nyM4y 4 1191 1a�`N 41 {s 421.07 rOP34144br M v .rrs+1— dfi 00 a+ Legend 10 , I I I a � d� Ten Mile Crossing—H-2020-0074 Page 370 EXHIBIT B Item#11. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the matter of the request for Development Agreement modification to terminate all existing agreements in the Ten Mile Crossing development area in favor of one master agreement to govern future development of the overall area to include project-specific design guidelines to supersede those in the Ten Mile Interchange Specific Area Plan (TMISAP),which include deviations from certain goals and guidelines including decreased floor area ratios,different street and streetscape designs,landscape and architectural design elements and site development standards,including an increase in height in the C-G zoning district of up to 100-feet to allow for 6-story buildings; Rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district,3.9-acres from the TN-C and C-G zoning districts to R40 zoning district,0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district,and 0.53-acre from the TN-C zoning district to the C-G zoning district; and, Preliminary Plat consisting of 83 buildable lots and 2 common lots on 132.42 acres of land in the R-40 and C-G zoning districts,by Brighton Development. Case No(s). H-2020-0074 For the City Council Hearing Date of: April 13,2021 (Findings on May 11,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 13, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 13. 20?1. incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 13,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 13,2021, 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 I 1 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CENTER AKA TEN MILE CROSSING—MDA,R2,PP H-2020-0074 -I- Page 371 Item#11. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 13,2021, 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 a development agreement modification in favor of one new consolidated agreement,rezone and preliminary plat are hereby approved per the provisions in the Staff Report for the hearing date of April 13, 2 02 1,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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-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 1I- 6B-7C). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2020-0074 -2- Page 372 Item#11. 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 April 13,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2020-0074 -3 Page 373 Item#11. By action of the City Council at its regular meeting held on the 1 lth 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 5-11-2021 Attest: Chris Johnson 5-11-2021 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 5-11-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CENTER AKA TEN MILE CROSSING—MDA,RZ,PP H-2420-0074 -4 Page 374 Item#11. EXHIBIT A STAFF REPORT E IDIAT:--- COMM[7NITY DEVELOPMENT DEPARTMENT HEARING DATE: April 13,2021 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2020-0074 TM Center-PP Ten Mile Crossing—MBA, RZ LOCATION: East of S. Ten Mile Rd. & south of W. Franklin Rd., in the north half of Section 14,Township 3N.,Range 1 W. r Legend ^ Legend ' �P.a;ec`Locoiar i r -�� i�? • Lvco=sx --- -`[ - --- — L -.W. -r f �! 7q; f� j I I. PROJECT DESCRIPTION Preliminary Plat consisting of 83 buildable lots and 2 common lots on 132.42 acres of land in the R-40 and C-G zoning districts; Rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the TN-C and C-G zoning districts to R-40 zoning district; 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district;and 0.53-acre from the TN-C zoning district to the C-G zoning district; and, Page 1 Page 375 Item#11. Development Agreement modification to tenninate all existing agreements in the Ten Mile Crossing development area in favor of one master agreement to govern future development of the overall area. The proposal includes a request for adoption of project-specific design guidelines to supersede those in the Ten Mile Interchange Specific Area Plan(TMISAP),which include deviations from certain goals and guidelines including decreased floor area ratios,different street and streetscape designs, landscape and architectural design elements and site development standards, including an increase in height in the C-G zoning district of up to 100-feet to allow for 6-story buildings [i.e.TM Crossing-AZ-12-005 (Inst. 114002254, 1st Addendum#2016-062220.2nd Addendum#2017-051907,TMC Expansion#2019-01 1700);TM Creek/TM Creek East-AZ-13-0151H-2015-0018 (Inst.#114045759, ist Addendum 92016-073497,2nd Addendum #2017-1 13747); Ten Mile Center-AZ-14-001 (Inst. #2014-065514); Calnan Properties-H 2015-0017 (Inst.2016-030845), and Bainbridge Franklin -H-2018-0057(Inst. #2019-077071)]. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 307.72 DA boundary; 132.42 plat boundary,46.06 rezone area Future Land Use Mixed Use-Residential(MU-R.),Medium Density Residential (MDR), Designations Medium High-Density Residential (MHDR),High Density Residential MDR),Mixed Use-Commercial (MU-C)and Commercial in the TMISAP Existing Land uses Agricultural,commercial,restaurant,carwash,personal and professional service,office,healthcare,multi-family residential Proposed Land Use(s) Commercial,office and high density residential Current Zoning Mostly C-G with some R-8,R-40,TN-C,TN-R and C-C Proposed Zoning R-40 and C-G Lots(#and type; 83 building(74 commercial,9 high-density residential)/2 common bldg./common) Phasing plan(#of 6(conceptually,based on market demand) phases) Number of Residential T8D Units(type of units) Density(gross cY:nett TBD Open Space(acres, TBD with future residential development total [%]1 buffer 1 qualified) Amenities TBD with future residential development Physical Features The Ten Mile Creek,Purdam Gulch Drain,Van Lateral and Kennedy (.waterways,hazards, Lateral cross this site flood plain,hillside) Page 2 Page 376 Item#11. Neighborhood meeting September 23,2020,4 attendees date;#of attendees: History(previous TM Crossing—AZ-12-005(Inst. 1 14002254, 1 st Addendum#2016- approvals) 062220,2nd Addendum#20 1 7-05 1 907,TMC Expansion#2019- 01 1700):TM Creek/TM Creek East— AZ-13-0151H-2015-0018 (Inst. #11404575 9. 1 st Addendum#2016-073497,2nd Addendum#2017- 1 13747):Ten.Mile Center—AZ-14-001 (Inst.#2014-065514);Calnon Properties—H-2015-00t7(Inst.2016-030845),and Bainbridge Franklin —H-201E-0057(Inst.#20t9-077071)] P. Community Metrics Description Details L Page Ada County Highway District • Staff report Yes (yes/no) • Requires AC.14D No Commission Action(yes/no) A full Traffic Impact Study(TIS)was not required. • Existing Abutting roadways(Ten Mile &Franklin Rds.)are fully improved; Wayfinder Conditions with detached sidewa[ks exists between Franklin and Vanguard;Cobalt with detached sidewalk on the north side of the road exists from Wayfinder to the east boundary of TM Creek East A w ments • CIPIIFYWP ■ Linder Road is scheduled in the IFYWP to be widened to 54anes from Franklin Road to Pine Avenue in 2020. The project includes Bridge#1120. • Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Overland Road to Franklin Road and will include a new 4-lane 1.84 overpass. The intersection of Linder Road and Franklin Road is listed in the CIP to be widened to B- lanes on the north leg.6-lanes on the south.7-lanes east.and 7-lanes on the west leg,and signalized between 2021 and 2025. Access One collector street access(S.New Market Ave.)and two(2)driveway (Arterial/Collectors/State accesses are proposed via.Franklin Rd. Hwy/Local)(Existing and Pro oseci Traffic Level of Servicc Better than"D"—Franklin&Ten Mile Roads(acceptable LOS is"E") Stub Cobalt Dr.is proposed to stub to the east for future extension. Stre et/Interc on necti vity! Cross Access Existing Road Network Ten Mile and Franklin Roads exist along the west and north boundaries of this site;Wayfinder exists from Franklin Rd.to Vanguard;Cobalt extends from Ten Mile PU to midway between Wayfinder and New Market/Benchmark. Existing Arterial A detached sidewalk exists along Franklin,some buFfcrs;an existin-asphalt Sidewalks 1 Buffers pathway exists along Ten Mile, some buffers Proposed Road No improvements are proposed to adjacent roadways(Ten Mile& Franklin) Improvements Fire Service ■ Distance to Fire 1.7 miles—Fire Station#2 Station • Fire Response Falls within 5-lninute response time Time Page 3 - Page 377 Item#11. • Resource 76%for Fin Station#2—does not meet the target goal of 80%or greater- Reliability • Risk Identification Risk factor of 4—current resources would not be adequate to supply service to this project(see comments in Section VllI.C) ■ Accessibility Project meets all required access,road widths and turnarounds ■ Spec iallresource An aerial device is required.the closest truck company is 6 minutes travel needs time(under ideal conditions)—Fire Dept. can meet this need in the required timeframe if required. ■ Water Supply Requires 1.500 gallons per minute for 2 hours. may be less if building is fully sprinklered, which all are proposed to be • Other Resources NA Police Service • distance to Police 4 miles Station Police Response 3.5 minutes Time • Calls for Service 577 within a mile of site(31112019—2/29/2020) • Accessibility No concerns with the proposed access o Spec ialtylresource No additional resources are required at this time;the P❑already services the needs area ■ Crimes 67 within a mile of site(31112019—2/29/2020) • Crashes 25 within a mile of site(31112019—2/29/2020) West Ada School District Joint School District No.2(dba West Ada Sehool District)has experienced significant and sustained growth in student enrollment during the last ten years,Many oFourschvoIs throughout the district are aperating atarahove capacity. Based on U.S.census data,we can predict that these homes,when completed,wlII house 381)t p homes_x 0.8 ner census datal school aged children.Approval of the TM[enter will affect enrollments at the following schools in West Ada District. Enrollment CaeacN Miles i0w mxhow� Peregrine Elementary 526 650 1.4 Meridian Middle School 1285 12SO 2.7 Meridian High School 2126 Z400 1.5 Due to the abundant amount of growth in the area,West Ada 1s actively building new schools,and boundaries are always changing.These future students could potentially attend Owyhee High School. Page 4 Page 378 Item#11. Wastewater ■ Disuice to Sewer Directly adjacent Services ■ Sewer Shed South Black Cat Trunk shed Estimated Project See application Sewer ERU's • WRRF Declining 13.96 Balance 0 Project Consistent Yes with WW Master Plan/Facility Plan ■ Impacts/Concerns The current sewer configuration submitted with this application,depicts at intersection of Colbalt and New Market Avenue,Clow being enabled to go in either the north or the west direction.This needs to be corrected so flow only goes in one direction. Based on conversations with applicant 8" sewer line on Cobalt will not connect to manhole at intersection, Water ■ Distance to Water Directly adjacent Services ■ Pressure Zone 2 Estimated Project See application Water ERU's P Water(duality This development will result in a long dead-end water main which may result Concerns in poor water quality. Connecting to the south will eliminate this dead-end and correct this problem. • Project Consistent Yr-5 with Water Master Plan ■ lnrpacts/Conccrns •To alleviate the water quality issues,this development must extend the proposed 12"water main south to connect into the existing water main in S New Market Ave(TM Crossing No 4). •Make sure to tie into the existing 12"water stub in Vanguard(between lots 6&25,block 1) Page 5 Page 379 Item#11. C. Project Maps(Preliminary Plat Boundary) Future Land Use Map Aerial Map Legend 1 Legend ■ r ' IP+ooec Loco-cr Proec-Loca�ar U- V Med-High High. nss _ Dens Residential `R iidii I , I: _L_ �* r r' .MU-Res R+LU-cc 7 • l n Hi 4itI n Ie.neral� ' MU F' Inttustria� Zonin M_a Planned Develo went Map Legend : ' RUT Le R. Legend 9 ' fPICQCi Locofrar R'$ I - P?cje c fe cI Loaar. =: , L• — City Limrts _ R-1$ C RUT I-L I-L- —%nod ParGets -N I—! `R=8 _ R-1 RUT - - UT RUT - ;q R-44 'C -R1 -----` I TN-c C-� RUT R-$ --- -- UT WE RUT a RUT-� _ R-8 TN-� R 1'S` 1 � � r� III. APPLICANT INFORMATION A. Applicant: Michael Wardle, Brighton Development—2929 W. Navigator Dr. 9400,Meridian, ID 83642 B. Owners: SCS Brighton,LLC—2929 W.Navigator Dr.#400,Meridian,ID 83642 SCS Brighton II,LLC—2929 W.Navigator Dr.,#400,Meridian, ID 83642 Page 6 Page 380 Item#11. DWT Investments,LLC—2929 W, Navigator Dr.,#400,Meridian, ID 83642 SCS Investments, Inc.—2929 W.Navigator Dr.,#400, Meridian, I❑ 83642 SCS Investments,LLC—2929 W. Navigator Dr.,#400, Meridian, ID 83642 SCS TM Creek,LLC—2929 W. Navigator Dr.,#400,Meridian, 1D 83642 Brighton Land Holdings, LLC—2929 W.Navigator Dr.,#400,Meridian, ID 83642 C. Representative: Same as Applicant W. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 212612Q21 3/26/2021 Radius notification mailed to property owners within 300 feet 2/23/2021 3/24/2021 Public hearing notice sign posted 31412021 4/1/2021 on site Nextdoor posting 2/25/2021 3/24/2021 V. COMPREHENSIVE PLAN ANALYSIS No changes are proposed to the Future Land Use Map(FLUM) or text o}'the Comprehensive Plan ar the Ten Mile Interchange Specifc Area Plan (TMISAP). LAND USE, Approximately half of the property subject to the proposed new Development Agreement(DA) is designated on the Future Land Use Map in the Comprehensive Plan as Commercial with some Medium Density Residential(MDR), Medium High Density Residential(MHDR), High Density Residential (HDR),Mixed Use Residential(MU-RES) and Mixed Use Commercial (MU-COM) [see pg. 111 (D-1), Appendix D]. Development of this area is governed by the Ten Mile Interchange Specific Area Plan (TMISAP)and existing DA's.Seepages 3-5 thru 3-9 in the TMISAP for more information on these specific land use designations. (� Legend a` fix. \■ 10 OfOL ec I Loa Im c Mixed sraenriar employment +FY- Re id olio ` G�neirnlIn ustri yMU=:Hi - Hight tr>s � � n Page 7 Page 381 Item#11. Since the adoption of the TMISAP in 2007,there have been substantial changes to the FLUM in this area. In 2012, an amendment to the map was approved for TM Crossing(CPAM-12-001)that changed 30.5-acres of land from Lifestyle Center(LC}, 8.5-acres from Medium High Density Residential (MHDR)and 40-acres from High Density Employment(HDE)to Commercial with C-G zoning to accommodate a range of uses including office/professional,hospitality and large& small retailers. A market analysis provided by the Applicant at the time deemed another lifestyle center in addition to The Village at Meridian wasn't feasible in such close proximity. Although future development wouldn't be held to the mixed-use guidelines of the Plan, future development was required to comply with the design goals of the Plan through the DA to ensure consistency with the Plan and the overall area. This area has developed with several multi-story professional office and medical office buildings and is still in the development process. Note: The Commercial land use designation i.s a FLUM designation ill the Comprehensive Plan bars not in the TMISAP; therefore, there are no specffic design guidelines in the Plan for this designation. In 2015, an amendment to the FLUM was approved for Callon(H-21015-0017) that changed the FLUM designation on 40.05-acres from Medium High Density Residential (MHDR)&High Density Residential (HDR)to Mixed Use Commercial (MU-CONf) and 15.49-acres from Medium Density Residential (MDR), MHDR and High Density Residential (HDR) to Mixed Use Residential (MU-RES). In the absence of a development plan, a conceptual use plan was approved with the DA for retail, office and service commercial uses within the MU-COM area and office/medium high-density residential uses in the MU-RES area to ensure a mix of uses is provided in this area consistent with the underlying FLUM designations.No development has occurred yet in this area. Most recently in 2019 with the new Comprehensive Plan (Res, #19-2179),the FLUM designation on approximately 52 acres of land on the western half of the Ten Mile Center(aka Treasure Valley Investments)property was changed from Lifestyle Center(LC)to Commercial based on the finding in the previous market analysis that another lifestyle center couldn't be supported in such close proximity to The Village. No development has occurred yet in this area. Conceptual development/use/roadway alignment plans were previously approved with DA's for the land proposed to be governed by one overall new DA that currently govern future development of these areas. TRANSPORTATION: No road improvements are planned adjacent to this site as Ten Mile Rd. is fully improved with 5-travel lanes, curb,gutter and a 7' wide attached temporary asphalt pathway; and Franklin Rd. is fully improved with 5-travel lanes with curb,gutter and 5-foot wide attached sidewalk abutting the site. A traffic signal exists at the S. Vanguard Way/S. Ten Mile Rd. intersection and a signal has been installed through the poles at the W. Franklin Rd./S. Wayfinder Way intersection--ACHD will hang the mast arms when warranted. Conduit was also installed at the New Market Ave. {Benchmark}/Franklin Rd. intersection with the Franklin Road widening project to accommodate installation of a future signal which is required to be constructed through the signal poles and luminaires prior to signature on the final plat. When ACHD determines it's warranted in the future, the District will complete installation of the signal and put it into operation. Construction plans for the extension of S. Wayfinder Ave. between the two roundabouts within the proposed plat were approved by ACHD on May 26,2020 outside of the subdivision process and the street and detached sidewalks have been constructed. The plans were approved by the City Land Development Division for consistency with City standards pertaining to extension of water& sanitary sewer main lines and street lights but were not reviewed or approved by the Planning Page 8 Page 382 Item#11. Division and do not comply with the design guidelines for that street section (i.e. "E") as designated on the Street Section Map in the Plan and as required in the existing DA for Ten Mile Center(see Street Design below for more information). Construction plans for the extension of W. Cobalt Ave. from the Wayfinder roundabout to the east edge of the Ten Mile Creek East Apartment project(midway between Wayfinder and New Market/Benchmark)were approved by ACHD with that project also outside of the subdivision process and the street and detached sidewalk on the north side has been constructed. These plans were also not reviewed or approved by the Planning Division and don't comply with the street section Ei.e. "E" (or`°D"A desired in the TMISAP for the east/west collector street connection between Wayfinder and New MarketlBenchmark,albeit further to the south (see Street Design below for more information). Approval of S. New Market Ave./Benchmark from Franklin to the south boundary of the site is requested with the proposed preliminary plat. The existing DA for Ten Mile Center requires streets to be constructed consistent with the applicable street section (i.e."D")as shown on the Street Section Map in the TMISAP (see Street Design below for more information). Street Network(3-17): The Transportation System Map(TSM)included in the TMISAP(pg. 3-18, shown below)depicts collector streets through this site connecting to existing and Future collector streets to the north and south.These street locations coincide with the town center collector streets depicted on the Master Street Map (MSM). Roundabouts are also depicted on the TSM.at the Cobalt/Wayfinder and Vanguard/Wayfinder intersections, which have been constructed. r ; i. i Two(2)north/south collector streets (S_Wayfinder Way and S. New Market Ave./Benchmark) are depicted on the plat in locations consistent with the TSM and the MSM: Wayfinder was recently constructed. An east/west collector street is not proposed along the southern boundary of the site because a local street(W. Navigator Dr.)was constructed further to the south with development of the adjacent TM Crossing subdivision,which was deemed to meet the intent of the Map and provide the desired east/west connection. An east/west collector street(W.Cobalt Dr.)is proposed and partially constructed through the middle of this site for a connection between Ten Mile and New Market/Benchmark that is not depicted on the TSM or the.MSM, which provides more needed connectivity in this area. Access Control (3-17): In order to move traffic efficiently through the Ten Mile Area and optimize performance of streets,direct access via arterial streets is prohibited except for collector street connections. Access to arterial streets should occur via the collector road system. Wayfinder,Cobalt, Vanguard and New Market/Benchmark are all collector streets that provide access via the abutting arterial streets(Ten Mile&Franklin). Two(2) driveway accesses via Franklin Rd. are depicted on the plat—one to the east and one to the west of New Market/Benchmark on Lot 4,Block 3 and Lot 4, Block 4.The conceptual Page 9 Page 383 Item#11. development plan included in the DA for the Bainbridge Franklin property depicts the eastern driveway access via Franklin; however,the Applicant states this property is no longer planned to develop in that manner.ACHD has not approved either of these accesses and is requiring a traffic analysis be submitted to demonstrate additional driveways are necessary to serve the site. The Ul]C's II{ 3A_) intention is to improve safety by combining and/or limiting access points to arterial streets to ensure motorists can safety enter all streets.City Council should determine if a waiver to the standards in UDC 11-3A-3 is appropriate for the proposed driveway accesses in the absence of a conceptual development plan for this area. These accesses are prohibited unless specifically approved by the City and ACHD. Complete Streets(3-19): Streets should be designed to serve all users—motorists,bus riders,bicyclists, and pedestrians, including people with disabilities. Bicycling and walking facilities should be incorporated into all streets unless exceptional circumstances exists such as roads where bicyclists or pedestrians are prohibited by law,where the costs are excessive, or where there is clearly no need. The following are features that should he considered as a starting point for each street: sidewalks,bike lanes,wide shoulders,crosswalks, refuge medians,bus pullouts,special bus lanes, raised crosswalks,audible pedestrian signals,sidewalk bulb-outs,street furnishings and on-street parking. The street sections depicted on the plat,some of which have already been constructed,incorporate detached sidewalks/pathways,planter strips and bike lanes along all streets; however,many of the other desired elements are not being provided which are integral to the Ten Mile area and the multi-modal options envisioned by the Plan. A VRT bus stop exists at the northwest corner of VanguardlWayfinder; other bus stops are anticipated within the development. The Applicant should address at the public hearing(or in writing prior to the hearing)what other design features are planned for internal public streets within this development. Street Design(3-20): The TMISAP includes several street section types for specific uses and conditions based on projected vehicular and pedestrian usage,desired parking conditions,Specific physical conditions,public emergency access,and streetscape character. Streets within the Ten Mile area should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving traffic, It's desirable that lanes on streets be 1 1 feet in width with the exception of those lanes closest to the intersections with Franklin and Ten Mile Roads which can increase to 12 feet from the point of the intersection with the arterial street to the point of the intersection with another street or access point. The Street Section Maly(SSM)contained in the TMISAP (pg. 3-22,shown below)depicts specific street section classifications for each of the streets shown on the TSM based on the criteria noted above for the area.These classifications have both a functional and a design-related classification to balance the design considerations for pedestrians and motorists. law' Page 14 Page 384 Item#11. The Master Street Map(MSM)guides the right-of-way(ROW) acquisition,collector street requirements and specific roadway features required through development, The MSM designates the collector streets within this site as town center collectors,which are recommended to have(2)travel lanes with a center turn lane, bicycle lanes and on-street parallel parking(if appropriate)within a 60-foot wide street section, a 6-foot wide buffer zone and an 8-foot wide sidewalk within 88 feet of right-of-way(see ACHD's Livable Street Design Guide pg.21,shown below). The ACHD report states the previously approved street section for Wayfinder& the proposed street section for New Market/Benchmark meet District policy and are consistent with the TMISAP and Town Center Collector street typology as proposed without on-street parking and is approver. However, these street sections are not consistent with the applicable street sections in the TMISAP in that they don't have on-street parking and have reduced pedestrian walkways and/or buffers. - F - liw I:iSii r lye. Sp+PY -0n r14y '.'b�lA7 Vii�s"y Vrixe nleeFl Lc.c�ie.� -� - � r �I ii71.y1�Y4'a►um n+dwr.Iflr� j� r`rf �� �-u.iloJy 4.nylYy�y ��/✓� _ .`.� ! nary nr..n 'lrrf e-Jlr�m.wn r..nmr-a:w h.'b�rl4vwrh� 1. +la la�+�er. glw.�u4vlu�Vu�etir-� / - +ml+rmwer �[ap�ll�r � �`����L �wna.e� ammran�ra.seenneal.r mr— �� ` �� �s 1 Aedestrinn7nne zm +n arnhc..car...+vro&I.rn.+c �f al,ft21)AfrCJ i li N - !Walk lane 7 ylv w ulo rtSOmmen&v -- kJSdge 7,ofre l'pnmtleyLNkM hcir �ddkiggl The western north/south collector street,proposed as S.Wayfinder Ave.,designated as`E"(minor collector street),extends from a future signalized intersection at W. Franklin Road to the south to Vanguard. The portion north of Cobalt was approved with TM Creek subdivision. Per the Map and as required by the existing DA for Ten Mile Center,this street should have been constructed per the guidelines for Street Section E shown below with two(2)travel lanes, bike lanes,diagonal parking and 12' sidewalks with trees in wells(see pgs.3-21 &3-23 in the TMISAP). However,the street section approved by ACHD and constructed is a standard street section with (2)travel lanes, a center turn lane,bike lanes,8-foot wide planter strips,a 5-foot wide detached sidewalk on the west side and an S-foot wide pathway on the east side with no on-street parking, similar to that of major collector street(i.e. Street Section C,shown below)(see street section from the proposed plat and detail from the proposed design guidelines below). Because of the changes to the FLUM in this area from LC to Commercial and this street providing access to the employment uses to the south, which will likely result in a higher traffic volumes,Staff is in general support of the design as constructed.Minor collector streets in the Plan differ from the MSM's town center collector street in that they don't have a center turn lame and have diagonal instead of parallel parking. Minor collector streets serve as the primary retail streets and are pedestrian-oriented and defined by street-level storefronts. Buildings are built to 12-foot wide sidewalks with street trees in wells and Page 11 Page 385 Item#11. pedestrian-scale lighting. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb;both wet utilities may be located in the street;and streettights should be placed in the dry utilities corridor on either side of the street. Major collector streets provide access from adjacent arterial streets into the employment areas. Buildings on these streets are set back from the street as some distance generally behind a detached sidewalk. The sidewalk may be widened in some cases to extend to the front of commercial retail or higher density residential buildings. 'Z 4 i R�iing Lanr Street Section E j cu�ro•�u�drsunre f • i 1 INip Street Sectian C (aeh m Nroa,umr a' m.f'TK-[y 23.r CLrTBC Z. 7'SpEAx yYRE4-1 9'9Dcll'R.Y =iaa�ni E%511NC ! '''.w'� �' ��• ,% f..Frti ���//� .� t�r�ff\�{ /,\�, f 11r/.� �,��� .�fifi f�� ,t1. � �`'�` � 6'VEAWAL"0 Cavr.cip 4.6GRN; A$PMY•i PnEuEHI wo Cuff ER.Tw. 5/i-wnua cuuRhea r,GCi QMSS W5[ a'uiva Rrr a Summe STREET SECTION. S. WAYFINDER AVE. SCOILE- IN Page 12 Page 386 Item#11. Typical Street Sections Typology Figure 7.3 Label Physical Charac[ensms TVPILal ComMMIal _ Sidewalk:5'to 8' Street Section. f Two-Lane+Turn Tree Lawn:8'to 30' °tie+BiAe Lanes ■Navigator,east of Tree Grate Vanguard •Cobalt 1 •New Market Dd) Bicycle Lane ■Wayfrnder,south A of rennnile Creek 0 Two-Way Left Turn Lane to Vanguard UJ Center Landscaped Median Parallel Parking ------------------------------------------------------------------------------------------------------------------------------------------------------------------- The eastern north/south collector street proposed as S. New Market Ave./Benchmark Ave., designated as "D"(residential collector street), will extend from Franklin Rd. to the south boundary of the site and connect to Navigator Dr. in the TM Crossing project. This street should be constructed in accord with the guidelines for Street Section D shown below with two(2)travel lanes,bike lanes, parallel on- street parking(if allowed by ACHD),8' tree-lined parkways and detached sidewalks per the TMISAP and as required by the existing DA's for Ten Mile Center and Calnon (see pgs.3-21 & 3- 23 in the TMISAP). The street section from the proposed plat and a detail from the proposed design guidelines shown below differ from a residential collector street in that there is a center turn lane,wider travel lanes and no on-street parking.ACHD has approved the proposed design; however, Staff does not support the proposed design as it's not consistent with the TMISAP and the existing DA's and therefore, recommends revisions consistent with Street Section D below with on-street parking. ACHD will have to review and approve revised street sections if changes are required to the proposed design—although on-street parking is desired and recommended,ACHD will need to review and determine if it's safe to provide.Staff discussed the discrepancies between the proposed plat and the town center collector in the MSM and Street Section D►vith ACHD and was told that although the Livable Street Design Guide allows for parking on a collector street it isn't always appropriate in all locations—because we don't know the end users for lots adjacent to these streets(a conceptual development plan or use plan wasn't submitted)it's difficult to determine ij'on-street parking will be appropriate. Residential collector streets in the Plan difj'er from the MSM's town center collector.street in that they don't have a center turn lame and have a wader bu�f�j`er zone. Residential collector streets serve the local access needs of residential, live/work, and commercial activities within a residential neighborhood or mixed-use residential area. Buildings on these streets should have limited setbacks behind the sidewalk and a tree lawn should be provided. On-street parking is allowed. A 5-foot dry utilities corridor should be provided along both sides of the street curb;bath wet utilities may be located in the street; and streetlights should be placed in the dry utilities corridor on either side of the street. Page 13 Page 387 Item#11. T=.J* J 1 W 1 w I W 1 0, 1 'rc. a rrve7 arr ne r e Paklno ��j1A ;p Can- Pa,tiry Street Section D c,rrm-n:rl,dane 11'RI:Mx-oF-Nq 1�re'FLOM !%wrEA 1 iDE'1'Ke on ' N TO •-'•k*".KIl AAII �- ASPH4T PA'IEI®IT ••:f._71EN.'ME Ca,IDA[]m 6UBaRIC[ )/a•-Nryys pUSXW FOGRFpIif.lKrF. �YiNiG Pn-�,X s.,ugµsE STREET SECTION: S. NEW MARKET AVE. Typical Street Sections Typology Figure 7.3 Label Physical Characteristics Typical Cornlr+ertiial A Sidewalk:5'[0 8' Street Section, Two-lane+Turn Tree Lawn:W to 10' lane • f3 ike Lanes •Navigator,east of rj__j Tree Grate Vanguard •Cobalt •New Market Lane •Wayftnder,south A IE of Tenmile Creek Two-Way Left Turn Lane to vanguard �F Center Landscaped Median Parallel parking ------------------------------------------------------------------------------------------------------------------------------------------------------------------- Neither the SSM shown above,nor the MSM, depicts an cast/west collector where W. Cobalt Dr.is proposed to extend between Wayfinder and New Market although it does depict such further to the south in alignment with the access via Ten Mile Rd. along the southern boundary of this site which was actually constructed further to the south(i.e.Navigator Dr.) as discussed above.This southern section is designated as a minor collector street("E") on the Street Section Map in the TMISAP and as a town center collector on the MSM. The portion of Cobalt west of Wayfinder is designated as a residential collector street(Street Section D)but was approved to be constructed as a major collector street closely aligning with Street Section C due to residential uses not being planned at that time in that area—since that time,the development plan changed and multi-family residential uses have been constructed along the north side of the street,east of S. Innovation Ln. The extension of Cobalt will provide a connection fi•otn Ten Mile between Wayfinder and New Market/Benchmark,which Staff believes provides much needed connectivity in this area. Residential Page 14 Page 388 Item#11. uses exist and are planned on the north side of this street between Wayfinder and New Market/Benchmark with future commercial uses likely on the south side. The section of this street east of TM Creek East Apartments has not yet been constructed but the design has been approved by ACHD with the subject plat. Staff is amenable to the proposed design consistent with that constructed to the west. Street Section C,the street section from the plat and a detail from the proposed design guidelines are shown below. The western portion of Cobalt in front of the TM Creek East apartments project was previously approved as part of ACHD's action on that project and has been constructed. ,W-9 ' 'Tram la6t 'i' . Low lerx Street Section C (IA�1�4R11 OSLi10! ��'AI�Arr-rlF-rA1 5%oasl*WkK �H'I, NrEy KMTW 5'scoxx To DGIIKC Lmnw h`6r3' /.f ij� �/� .1Jr ti//.✓�IJ M lNrM IL WRC aMENENf Aryo WnoP,r1A. LYYYr4TF}1 iVkG�IL'E S/i'-ulnu5 tNl"Eo �"NMUS PIr�IIN SUB?.�SE STREET SECTION: W. COBALT DR. Typical Street Sections Typology figure 7.3 Label Physical Characteristics Typical Commercial O Sidewalk,V to 8' Street Section, Two-Lane J Turn Lane+Bike Lanes Tree Lawn:S'to 10' •Nat4gatlor,east of Tree Grate Vanguard -� •cobalt *rU •New Market Bicycle carte •Wayflnder,south A 8 r 0 of Tenmile Creek Two-Way Left Turn Lane to Vonguord d t Center Landscaped Median Parallel Parking Page 15 Page 389 Item#11. ----•------------------------------------------------------------------------------------------------------------------------------------------------- South Ten Mile Rd., an existing arterial street along the west boundary of the site, is designated as a modified 4-lane parkway("A")on the Street Section Map. Buildings should address the street but be set back some distance from the roadway to provide security to the pedestrians and bikes and a wide tree lawn and detached trail should be provided as shown on Street Section A below. Streetlights should be located in the tree lawn area and should be of a pedestrian scale.Dry Futilities should be located back of the curb in the dry utilities corridor. ..:.. s...w ..N..., .� ....h.,� w,.a fps... S I r e a l 8 a c I i a n A (AclusI roan section under design by ITD) ------------------------------------------------------------------------------------------------------------------------------------------------------ West Franklin Rd.,an existing arterial street along the north boundary of the site, is designated as a typical 4-lane parkway("B")on the Street Section Map. Buildings should address the street but be set back some distance from the roadway edge to provide for a tree lawn and detached sidewalk to provide security to the pedestrian as shown on Street Section B below. Streetlights should be located in the tree lawn area and be of a pedestrian scale. Dry utilities should be located back of the curb in the dry utilities corridor. J $fir@@I S@sllon 8------------------------------------------------------------------------------------------------------------------------------------------------------ Streetscape(3-25): All streets should include street trees within the right-of-way. The proposed development incorporates tree-lined streets with detached sidewalks throughout consistent with the Plan. Public Art(3-47): Public art with a high quality of design should be incorporated into the design of streetscapes. No public art is proposed. Staff recommends public art is provided in the streetscape and within the development in accord with the guidelines in the TMISAP. Public transit(3-25)—Commercial and employment activity centers need access by multiple modes of transportation and should be pedestrian and transit friendly. Public transit is also important component of Page 16 Page 390 Item#11. residential developments as it effectively decreases parking needs by reducing the number of cars needed for residents. Transit stops should be designed with shelters for weather protection to patrons; the design of such should be coordinated between the City. VRT and ACHD ensuring architectural consistency with the general theme of the activity center.Transit locations should include pedestrian amenities such as landscaping, pedestrian and landscape lighting,benches and trash receptacles consistent with the design and location of the shelter. Valley Regional Transit(VRT)currently has an intermediate stop at Ten Mile Crossing in its Boise- Nampa service. As the project's employment and residential.population grows and more of the internal street systems are completed,the opportunity for expanded transit service will also grow. A bus stop has been provided at the northwest corner of the VanguardlWayfinder roundabout in Ten Mile Crossing; more bus stops are anticipated as the businesses and residential population in this area increases. In April 2020,the VRT Board approved a new fixed-route connecting The Village at Meridian and Ten Mile Crossing, which is anticipated to begin service in early 2021. The Applicant's narrative states they will continue to work with VRT on additional bus stop locations in future phases of development as the public transportation system expands.These plans should be shared with the City with each subsequent final plat phase. DESIGN: Development of the area governed by the Plan is required to incorporate design guidelines consistent with those in the Plan as outlined in the Application of the Design Elements table(3-49). These guidelines apply to Architecture and Heritage (3-32), Street Oriented Design(3-33), Buildings to Scale (3-34), Gateways(3-35),Neighborhood Design(3-36),Building Form &Character(3-37), Building Details(3-41), Signs(3-46)and Public Art(3-47), The Applicant proposes alternate design guidelines with this application to supersede those in the Plan. These guidelines are proposed to govern site design and development;landscape and hardscape; architectural design for commercial,mixed-use and multi-family residential structures; signage; and streets and pathways. A text amendment is not proposed to the Plan to exclude this area from the design guidelines in the Plan as recommended by Staff.See Analysis below in Section Y1 far more itt formation. Goals,Objectives,& Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): + "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) Cht water and sewer service is available and can he extended bY the developer with development in accord wilh UDC 11-3A-21. • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.0]A) Pathivai:c are proposed throughout the development along at least one side of internal public streets as shown on the pathways plan in Section 1711.F. A pathwav is planned ivith future development to the school site to the east fin-connectivi4,and a safe route to the school. A multi-use pathway is Page 17 Page 391 Item#11. proposed within the Ten Aflle Creek corridor as an amenity in accord with the Pathways Master Plan. • "Improve and protect creeks and other natural waterways throughout commercial,industrial and residential areas."(4,05.01❑) The Ten Mile creek runs eastlwest through this site and is proposed to be improved as an amenity corridor with a inulti-use pathway. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer sy mnzs:services are proposed to be provided to and though this development in accord with current 04,plans. ■ "Require collectors consistent with the ACHD Master Street Map(MSM), generally at/near the rnid- mile location within the Area of City Impact."(6.01.03B) Collector streets are proposed consistent with the MSM. • "Provide pathways,crosswalks, traffic signals and other improvements that encourage safe,physical activity for pedestrians and bicyclists."(5.01.01 B) Pathways are proposed within the development per the pathwgyv plan in Section VIII.F. Crosswalks, audible pedestrian signals and other improvements to encourage safet,should be considered and provided as appropriate for pedestrians and bicj clists. ■ "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water iqf astructure and curb. gutter and sidewalks is required to be provided with development as proposed. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification is proposed to terminate all existing Development Agreements (DA's) in the Ten Mile Crossing development area in favor of one new master agreement to govern future development of the overall area. The existing DA's proposed to be replaced by the new agreement are as follows(links to the agreements are included): r TM Crossing—AZ-12-005 (Inst. #114002254), Ist Addendum H-2016-0054 (Inst. #2016-062220), 2nd Addendum H-2017-0027 (Inst. #2017-051907); TM Crossing Expansion—H-2018-0122 (Inst. #2019-011700), TM Creek/TM Creek East—AZ-13-015 (hest. 4114045759), I st Addendum TM Creek East H-2015- 0018(Inst.#2016-037777),TM Creek Addendum H-2016-0067 (Inst.#_2016_-073497).TM Creek 2nd Addendum H-2017-0124#2017-113747); Ten Mile Center(aka Treasure Valley Investments)—AZ-14-001 (Inst.#2014-065514); Calnon Properties— H-2015-0017 (Inst. i 016r030845); and, D Bainbridge Franklin —H-201.8-0057(Inst.#2019-077071) The map below depicts the Iocations and land area governed by these agreements. Page 18 Page 392 Item#11. ---4i T TM CAEE CA+NQN 0AI1'�6kiL'GE' 4 TEN MILECENTER - i�.ZYA rNF caass�NG '. :I - I Expansion 1- PRO,.ECTCkfr1JNFS ARE GENER-kL * ACTUAL AREAS IAAY VARY These agreements include a variety of provisions for development, including standard UDC requirements and provisions specific to each development—some of which have already been complied with, and conceptual development plans demonstrating how the property was proposed to develop— future development is required to generally comply with those plans. All of these developments were required to comply with the various guidelines and design elements in the TMISAP. Staff has reviewed these agreements and included pertinent provisions from them in the new DA;many of the standard UDC requirements have been removed along with provisions that have already been complied with(see recommended DA provisions in Section IX.A.1). Provisions for development of the overall Ten Mile Crossing area governed by this DA are included as well as specific provisions for each annexation area; a map is included that depicts the boundaries of these areas. The proposed DA modification also includes a request for adoption of project-specific design guidelines through the DA to supersede those in the Ten Mile Interchange Specific Area Plan (TMISAP) for the overall Ten Mile Crossing development area referred to as the Ten Mile Crossing Design JMCD) District.These guidelines would be the governing design and development guide for this area and would not apply to any land not included in the Ten Mile Crossing project area. As stated in the Introduction,the purpose of the design guidelines is as follows: to encourage flexibility, innovation and creativity in Ten Mile Crossing's overall design and development that respond to market demand and site specific conditions while enhancing the economic viability and quality of Ten Mile Crossing and the City of Meridian; allow for innovative design solutions that create visually pleasing and cohesive patterns of development;provide for the implantation and balance of a variety of uses within the development including viable mixed-use projects; identify and define standards for uses that may offuc in each of the land use categories;create functionally integrated development that allows for a more efficient and cost effective provision of public services; provide for the public health,safety, enjoyment,convenience and general welfare, and provide efficient and effective administrative processes. Page 19 Page 393 Item#11. The proposal establishes an administrative framework for the development process for this area and includes the creation of an in-house design review board("TMCDR Board") and internal design review process prior to application submittals to the City for Certificate of Zoning Compliance (CZQ and Design Review(DR) approval. This Board would forward its decisions to the City for their consideration of all project applications. Staff would review these applications and the decision of the Board, applications found in compliance with the proposed design guidelines would only be subject to CZC approval but not DR approval. Staff would issue Findings of Fact,Conclusions of Law(FFCL) and Conditions of Approval of their decision,which would be appealable pursuant to the provisions in UDC 11-5A.Note: FFCL are not issued for administrative actions, only Connnissio►r and Council actions. The Applicant's narrative states the two major distinctions between the proposed design guidelines and those in the Plan are the floor area ratios(FAR's) and street standards(see analysis below)—the remainder of the proposed guidelines detail,define and clarify the standards proposed to unify,guide and govern the development of this area. See below for#tore information on requested deviations from the Plan. As a provision of the new DA,the Applicant also requests approval of an increase in building height to 100-feet in the C-G zoning district to allow for 6-story buildings in this area(see analysis below), Requested Deviations from the TMISAP: Floor Area Ratio(FAR): Floor area ratios(FAR's) are defined in the TMISAP as the gross floor area of all buildings on a lot divided by the lot area. FAR's are used as a means for measuring the intensity of a use and are a comparison between the land the building occupies and the floor area in square foot of the space. The minimum FAR's desired in the Plan are based on the FLLIM designation and range from 0.75 in MU-RES to 1.00-1.25 in MU-COM designated areas—because the Commercial designation is not included in the TMISAP,there are no minimum FAR guidelines for that designation. In the proposed design guidelines, maximum FAR's are encouraged to the extent possible for the use and building height but a minimum FAR is not specified. This will result in decreased FAR's for this area from what was envisioned in the Plan. Because the FAR goals have been somewhat unrealistic to achiese thus far,Staff agrees a change is appropriate;however, City Council should determine if eliminating the nrininium FAR goals entirely is approp►late far this area and is in the best interest c►f'the City. ■ Street and Streetscape Design: As noted above in Section V,the street sections already approved by ACHD and constructed(i.e. Wayfinder)and proposed(i.e. New Market/Benchmark and Cobalt) are not consistent with the guidelines in the TMISAP for those street section. Traditional Neighborhood design concepts with a st►•ong pedestrian-orietrted faces are desired in the Ten Mile Area to assist in creating a liveh,and active street presence with stores and residences fronting on adjacent streets. The portion of Wayfinder north oj'the Ten Mile Creek does have on- ,street parking in the planned town center area. Pedestrian pathways are proposed along collector streets, the Ten Mile Creek and the Kennedy Lateral as shown in Section VIII.F throughout the development consistent with the Pathways Muster Plwr_for pedest►ian walkability and connectivity. The proposed street design with reduced walk-wav widths, no on-streetparki►rg and wider travel lanes will not promote as tnuch of a pedestrian fi�iend1v environment as i►atended far this area as traffic will be flowi►rg faster ivith the proposed design. On-street parking was desired,for this area based on the original FL UM designations and uses and site design anticipated for this area based on projected vehicular and pedestrian usage, desired parking,physical conditions and streetscape character. Several changes to the FLUM have been approved since the adoption of the TMISAP as noted above bur no changes have been made to the Page 24 Page 394 Item#11. Street Section Map or the street sections in the Plan. Collectively, these changes-especially the change From 1 festyle center to commercial and C-G zoning-will result in more intense commercial development than envisioned and will.substantially change the intended character of this area. In the commercial areas along lVay ruder and Cobalt,Staff agrees it'.s more appropriate(and safer) not to have on-streetparki►rg. However, in the residential and mired-use designated areas along New Market/Benchmark,Staff is of the opinion air-street parking is still appropriate although it's dif m offo ► a devedopnient plain for that area since the type of street sections desired are largely based on the types o f uses adjacent to the streets. Refer to Section V Street Design above jor Staffs recommendation or streets and streetscape designs. Staff is not supportive of floe Applicant's proposal,for different design guidelines to apply to this development to supersede those in the Plan through the DA as Ilse whole intent of the goals and guidelines in the Plan is to have a unified design for the overall area governed by the Plan. Because the Applicant requests street sections,streetscape designs and FAR's that differ fi-ono those outlined in the Plan and doesn't want to be held to the architectural desig►r guidelines and other guidelines in the governing plat,Staff suggested applying for an a►nendnrent to the TMISAP to exclude this area from the Plait. Without apt amendment to the Plan, this area is governed by the Plan and can't be superseded by another Plan. The Applicant was not in favor of this option. Another suggestion was to only include certain exceptions to the design guidelines in the Plait through the DA that differ f►-Win the Plan and for the Applicant to use the proposed design guidelines internally to ensure consistent design within their development.Since they state the only.substantive changes to the Plan are to the street sections,streetscapes and FAR this was Staffs preferred option. The Applicant was not in favor of this option either. As stated above,Stafj''is of the opinion the design guidelines in the Plait cannot be replaced with another set of design guidelines without an amendment to the Plait allowing this and referencing the other guidelines;or an amendment excluding this area from the Plat. Otherwise, the guidelines in the Plan apply to this area as well as the other areas within the overall Tell Mile Area which ensure u►ritt'in the overall Ten Mile Area. Rather titan recommending denial oj'the Applicant's request,Staff recommends approval of'an alternative as previously suggested to only include the exceptions to the guidelines in the Plan in the DA. If the guidelines proposed by the Applicant are truly in line with the existing guidelines as stated, notwithstanding the exceptions, this seems to be the simpler option,and one that doesn't conflict with the current Plan. Note:Staff has not compared the established design guidelines in the Plan to those proposed by fire Applicant to verify they align, notwithstanding the exceptions requested. Staff requested the Applicant include the differences between the two sets ofguidelines in their application for transparency in what was actually being requested(i.e. how they differed) but they did not do so. If Council is in favor of'the proposed design guidelines,Staff recommends air application is submitted to amend fire TMISAP to allow this area to be excepted from the existing Plan or for a reference to be included to these design guidelines fir this area. Requested deviation from the dimensional standard for maximum building height listed in UDC Table 11-213-3 for the C-G zoning district: a The maximum building height allowed in the C-G zoning district is 65-feet. Additional height not to exceed 20%of the maximum height allowed in the district may be approved by the Director through the alternative compliance procedures set forth in UDC ]1-5B-5-additional height shall be allowed Page 21 Page 395 Item#11. when the development provides 10%of the building square feet in open space,courtyards,patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers per UDC 11-2B-3A.3d. Additional height exceeding 20%of the maximum height allowed in the district or when additional height is requested without providing the required open space in accord with UDC I 1-2B-3A.3d requires approval through a conditional use permit, per UDC l 1-2B-3A.3e. Because the TMISAP encourages taller buildings and greater FAR's and the UDC standards hinder this goal. Sta ff'is supportive of allowing an increase in the maximum building height up to 100 f feet in the C-G Zoning district through the new DA without further application. B. REZONE(RZ) The Applicant requests a rezone of 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the TN-C and C-G zoning districts to the R-40 zoning district, 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district; and 0.53-acre fi-om the TN-C zoning district to the C-G zoning district. A conceptual development plan was not submitted with this application for the areas proposed to be rezoned as is typical for such requests. The smaller areas proposed to be rezoned to C-G will "clean-up"the zoning in this area where it's irregular and doesn't follow parcel lines and/or proposed streets. The area proposed to be rezoned to R-40 south of the Ten Mile Creek will be an extension of the R-40 zoning that exists to the west and will allow for the development of additional multi-family residential uses with conditional use pen-nit approval. The proposed zoning and use is consistent with the underlying Mixed Use Residential (MU-RF-S)FLUM designation;the target density for this designation is 8 to 12 dwelling units per acre. The FLUM designation of the abutting property to the west is High- Density Residential (HER)which also allows for multi-family residential uses at a target density of 16- 25 dwelling units per acre. FLUM designations are not parcel specific and an adjacent abutting designation, when appropriate and approved as part of public hearing with a land development application,may be used. Because the HDR designation allows for a higher density, Staff recommends this designation apply to fixture development of this property since the density will likely be higher than 12 units per acre if apartments are developed on the site similar to those to the west(i.e. TM Creek East Apartments). Future development of this property is currently governed by the existing ❑A's for Ten Mile Center and Calnon referenced above; conceptual development plans were not approved for these projects other than a conceptual street layout for the Ten Mile Center properly. In the absence of a conceptual development plan,to ensure a mix of uses from each major use category(i.e. Commercial, residential,employment)are provided as set forth in the TMISAP in accord with the provisions of the annexation, Staff recommends a conceptual use plan (i.e. bubble plan)is submitted and included in the new DA that demonstrates compliance with the existing DA provisions.Nate:An existing acid future development wrap is included in the proposed design guidelines on pg. 6 that could be further defused to accomplish this. The larger area to be rezoned to C-G between W. Franklin Rd. and the Ten Mile Creek is designated on the FLUM as mostly Mixed-Use Commercial(ML]-COM)with approximately a quarter of the area on the west end as High Density Residential (HDR). As noted above. because the FLUM is not parcel specific and allows for abutting designations to govern, Staff recommends the abutting MU-COM designation to the east apply and govern future development of the western portion of this site. The proposed C-G zoning district is listed as an appropriate zoning choice in the Zoning District Compatibility Matrix in the TMISAP for the MU-COM designation. The MU-COM designation allows for a variety of uses including: commercial,vertically integrated residential,live-work,employment. entertainment, office,and multi-family. Allowed uses in the C-G district are listed in UDC Table 11-2B- ?. Future development of this property is currently governed by the existing Development Agreements Page 22 - Page 396 Item#11. for TM Creek East and Calnon referenced above; conceptual development plans were not approved for these projects. In the absence of a conceptual development plan,to ensure a mix of uses from each major use category(i.e.commercial, residential,employment)are provided as set forth in the TMISAP in accord with the provisions of the annexation,Staff recommends a conceptual use plan (i.e.bubble plan) is submitted and included in the new ❑A that demonstrates compliance with the existing DA provisions. C. PRELIMINARY PLAT(PP) The proposed preliminary plat consists of 83 [74 commercial and 9 high-density residential (Lots 16-24, Block 3)] buildable lots and 2 common lots on 132.42 acres of land in the R-40 and C-G zoning districts. The plat is conceptually proposed to develop in six phases. Phase l consisting of multi-family apartments in TM Creek East on Lot 16. Block 3 is currently under construction and almost completed. no development has occurred on the remainder of the site. Phase 2 commenced last year with the Completion of Wayfinder from Vanguard to Cobalt between the existing roundabouts. The development of Phases 3-6 may vary in area and sequence based on product need and market demand. The proposed common lots will contain the Ten Mile Creek corridor which includes a 10-foot wide segment of the City's multi-use pathway system on one side and the Nampa and Meridian Irrigation District's(NMID)maintenance road on the other side(Lot 15, Block 3); and the relocated Von Lateral, which will be deeded to NMID(Lot 1, Block 4) Existing Structures/Site Improvements: There are no existing structures on this site. West Cobalt Dr. has been extended from.the roundabout at Wayfinder to the east boundary of the TM Creek East apartments project and S. Wayfinder Ave. has been extended between the roundabouts at W. Cobalt Dr. and S. Vanguard Way but the design of these streets was not approved with a subdivision plat and are not consistent with the street sections designated on the Street Section Map in the TMISAP however,they do campy with ACHD standards. South Vanguard Way from Ten Mile Rd. and the roundabout at the southwest corner of the site was approved and constructed with the TM Crossing development to the south. Dimensional Standards (IIDC 11-2): The proposed subdivision and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-8(R-40), 11-2B-3 (C-G)and 11-2D-5(TN-C),as applicable. Staff has reviewed the proposed plat and it complies with these standards. Access(UDC 11-3,4-3]: Previous projects(i.e.TM Crossing and TM Creek subdivisions) in this area established accesses via S. Ten Mile Rd. (i.e. Cobalt and Vanguard) and W. Franklin Rd. (Wayfinder)and collector streets consistent with the TSM in the TMISAP and the.MSM. A new street access via W. Franklin Rd. and collector street (New Market/Benchmark)is proposed with this plat to the east of Wayfinder consistent with the TSM and the MSM, which will align with the segment of New Market/Berichinark to be constructed to the south in TM Crossing Subdivision. As mentioned above,S.Wayfinder Ave.between the two roundabouts at Cobalt and Vanguard was constructed last year outside of the subdivision process. Although the proposed access points and road alignments are consistent with the TSM and the MSM,the street sections constructed for Wayfinder between the roundabouts and the proposed New MarketlBenchmark are not consistent with the Street Section Map in the TMISAP as discussed in Sections V and VLA above. Staff recommends New Market/Benchmark is constructed with on-street parking(if deemed safe and acceptable to ACHD) consistent with Street Section D in the Plan. Two(2) driveway accesses are depicted on the plat via W. Franklin Rd. on Lot 4, Block 3 and Lot 4, Block 4.The access on Lot 4, Block 4 was previously conceptually approved with the Bainbridge Page 23 Page 397 Item#11. Franklin annexation by the City(DA provision#1.1.1 i)and ACHD(Site Specific condition#B.1)as a temporary full access which may be restricted to a right-in/right-nut at any time as deten-nined by ACHD —other than this access,all other access via Franklin on the Bainbridge Franklin site was prohibited. Per the guidelines in the TMISAP for Street Section B(pg.3-22) and access control(pg.3-17),access should be restricted to collector streets. The(UDC 11-3A-3)also limits access points to arterial streets.City Council approval of the proposed driveway access on Lot 4,Block 3 is required; ACHD has required a traffic analysis to be submitted for these accesses to demonstrate that additional driveways are necessary to service the site. Both the City and ACHD have to approve these accesses in order for access to he granted and driveways constructed. A cross-access/ingress-egress easement is required to be granted via a note on the plat between all non-residential lots and to the parcel to the east I#R8580480020(now#R8580500100),Twelve Oaks) per requirement of the existing DA for Bainbridge Franklin in accord with UDC 11-3A- 3A.2. A note should also be placed on the plat that direct lot access via S. Ten Mile Rd. and W. Franklin Rd. and the internal collector streets is prohibited unless otherwise approved by the City and ACHD. Pathways(UDC 11-3A-8): The Pathways Master Plan(PMP)depicts segments of the City's multi-use pathway system on this site as follows: on-street within the street buffer along Ten Mile Rd.,along the Ten Mile Creek corridor and along New Market Ave. Multi-use pathways are required to be I0-feet wide within a 144001 wide public pedestrian easement with landscaping on either side per the standards listed in UDC 11-313-12C. A pathways plan was submitted by the Applicant, included in Section VI1I1 that depicts 8-to 10-foot wide pathways throughout this site and the adjacent properties owned by the same developer consistent with the PMP totaling 3.5 miles of pathways. These pathways connect to the City's multi-use pathways and provide a pedestrian connection to the school site to the cast. Pathways and associated landscaping should be depicted on a revised landscape plan submitted with the final plat(s) in accord with UDC standards and the Pathways Master Plan as recommended by the Park's Dept. Sidewalks(UDC 11-3__ _4-1 D: The UDC (I 1-3A-17)requires minimum 5-foot wide detached sidewalks along all collector and arterial streets. In the Ten Milt area, the design guidelines call for wider sidewalks ranging from 6 to 12 feet depending on the street section classification. Because 5-foot wide detached sidewalks have already been provided in many areas within the site, Staff is amenable to continuing this minimum width with 8-to I0-foot wide pathways provided in locations consistent with the pathway plan in Section VI11.F. Parkways(UDC 11-3A-17): Parkways should be provided as shown on the applicable street sections in the TMISAP for the street classification as noted above in Section V. Landscaping shall be provided in the parkways consistent with the standards listed in UDC 1 1-3B-7C. Landscaping(UDC I1-3B): A 35-foot wide street buffer is required along S. Ten Mile Rd.,an entryway corridor; a 25-foot wide street buffer is required along W. Franklin Rd.,an arterial street; and 20-foot wide street buffers are required along collector streets, landscaped per the standards listed in UDC 1 I-3B-7C. The design guidelines in the TMISAP also require landscape buffers based on the street classification and the applicable street section. Staff recommends minimum street buffers are provided in accord with UDC standards,except for along S.Ten Mile Rd.,classified as Street Section A in the TMISAP, which requires a 50-foot wide street buffer so that pedestrian walkways and buildings are setback a safe distance From the street. Page 24 - Page 398 Item#11. Qualified Open Space& Site Amenities(UDC 11-3G): Common open space and site amenities are required to be provided in residential developments in residential districts of five acres or more in size per the standards listed in UDC I 1-313-3. Although a portion of this site is planned to develop with residential uses in the future, no development is proposed with this application. Future development should comply with the standards in UDC 11-3G-3,as applicable. As mentioned above,3.5 miles of pathways are proposed in the area shown on the pathways plan in Section VIII.0 as an amenity for this development. Fencing(UDC 11-3A-6, 11-3A-7): No fencing is depicted on the landscape plan. All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Waterways: The Kennedy Lateral and the Ten Mile Creek run east/west across this site and the Von Lateral runs across the northeast corner of the site. The Ten Mile Creek lies within a IQ0-foot wide easement in Lot 15, Block 3 and is a natural waterway, as such, it should remain as a natural amenity and not be piped or otherwise covered and be improved with the development and protected during construction in accord with UDC 11-3 A-6. A maintenance road exists for NMID on the north side of the creek and a multi-use pathway is planned on the south side of the creek. The Kennedy Lateral lies within a 55-foot wide easement and is required to be piped unless left open and improved as a water amenity or linear open space. The Von Lateral lies within a 40-foot wide easement and is proposed to be relocated along Franklin Rd. in Lot 1,Block 4 and deeded to NMID. F'loodplain: A portion of this site along the Ten Mile Creek is located within the Meridian l;loodplain Overlay District. Prior to any development occurring with the Overlay District,the Applicant is required to submit, and the City shall review and approve, a tloodplain development application which includes the necessary analysis and documents under MCC Title 10. Chapter 6, including hydraulic and hydrologic analysis. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances and the TMISAP. See Section VIII.B below.for Public Works comii entslcanditions. Pressurized Irrigation System (UDC 11-3,4-15): An underground pressurized irrigation(PI)system is required to be provided for each lot within the development as set forth as set forth in UDC I 1-3A-15. Storm Drainage(UDC 11-3.4-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 1 1-3A-18. Building Elevations (UDC I I-3A-19 I A)dlitectup-al Stalldul•ds Manual) (TIVfISAP1 The Applicant submitted pictures/renderings of 14 existing and approved buildings at TM Crossing: commercial,office, retail and residential strictures including multi-story office buildings.- single-story commercial structures(medical,hospice, gym,restaurant and food service,retail,auto service);and the first two multi-family projects(see Section VIII.G)_ The design of future buildings in this development shall incorporate design elements that are generally consistent with those in the"typical"elevations shown in Section VIII.G. Final design of Page 25 Page 399 Item#11. structures in this development is required to comply with the design guidelines in the TMISAP and the design standards listed in the Architectural Standards Manual, notwithstanding the exceptions approved with this application and included in the DA. VII. DECISION A. Staff: Staff recommends approval of the requested modification to replace all existing Development Agreements with a new agreement for the overall Ten Mile Crossing development per the provisions in Section IX.A.1; approval of the proposed rezone in accord with the Findings in Section X; and approval of the proposed preliminary plat per the conditions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning& Zoning Commission heard these items on March 18,2021. At the public hearing,the Commission moved to recommend approval of the subject RZ and PP requests. tests. 1_ Summary of Commission public hearing a. In favor: ]on Wardle and David Turnbull Brighton Co . b. In opposition:Norte c. Commenting. None d. Written testimony: Mike Wardle,Brighton Corp.; Doug Thompson K. Staff presenting application: Sonya Allen f_. Other Staff commenting on application: Bill Parsons 2_ Key issue(s')ofpublic testimony:_ a. Applicant presented a comprehensive view of the design guidelines proposed for the Ten Mile Area and the requested modifications to the staff recommendation. _ Key issue(s)of discussion by Commission: a. Would like a nice central common open space/site amenity area: b. Desire for pedestrian-scale lights to be12rovided along walkways; C. Desire for the developer to follow the use plan submitted to ensure a mix of uses is developed as desired; d. Concern that it may not be appropriate to extend the building height limit up to 100-feet in the overall C-G zoning district—certain areas may not be appropriate for buildings that tall(e.g. adjacent to Franklin and Ten Mile Roads): e_ Applicant's request for additional driveway accesses via Franklin Rd., f The Commission was geneially in favor of the proposed design guidelines for the development. 4. Commission change(s)to Staff recommendation: a. Applicant should work with Staff prior to the Council meeting to identify specific areas where buildings could extend up to 100' in height&provide a conceptual diagram for Council to consider—consider the area south of Cobalt&west to Benchmark Ave. for those taller buildings—these areas should provide significant buffering between future residential uses&neighborhood.roadways; The Applicant&Stadiscussed 1his(Intl agreed that leaving flexibility in this area way be the best option—rf Council disagrees, condition#A.la(3)should be amended accordingly. b. The Applicant should follow the bubble plan concept presented at the hearing as they move forward with their concept plans jsee provision#A.1 a(10)1, and C. The Commission wanted to see some sort of significant central amenity added to the concept plan for the project whether it be an amphitheatre,a plaza,or a park and that they might seek assistance from the urban renewal agency or work with Council on what that amenity might look like[see provision#A.I a(11)]. Page 26 Page 400 Item#11. 5. Outstanding issues for City Council: a. City Council should determine if a waiver to the standards in UDC 1 1-3A-3 is appropriate for the proposed driveway accesses via Franklin Rd. in the absence of a conceptual development 121an for this area; b. The Applicant should address at the public hearing[or in writing prior to the hearing] what other design features are planned for internal public streets within this development. Per the TMISAP,the fallowing are,Leatures that.should he considered as a starting point for each street.sideivulks, bike lanes, wide shoulders. crosswalks, te& e medians. bus pullouts, special bus lanes. raised crosswalks, audible pedestrian si.gtral ..sideia,alk bulb-outs, ,street fiirtiishiiw,s a►rd oti-streetparkinz Thp-l�i�dia���p�il��ard the�it.�ni�_Qn April_],�4�..s�t_th�p��h�ng Council moved to aporove-the subiect MDA, RZ and PPrcquests. 1 Smmary of the Citv Council m lic hearing:. a, In favor: Jon Wardle, Brighton Development b. In_pRpmWpn_NQac Commenting: Garrett Blackne:Denise LaFever d WritckL7UV�p�,%m - �Ia�fp�c��it�ga�rnl3cali����tay�Allt'� f. Other commenting an MWication:None 2. Kyxis�me[ wfpulZli�tes CQUQm p�'t-&iU to t ms-Qn on-wrcel Parking-franlmi d-fa deveW e_utand central 1pcation of mailboxes for the multi-fami1v developments; �Q11Cerrn n��taixllTl�IQ�13 �3S�pjLr�u; Of this de�elobmenCY�'I�hY9n� � � K�v issue[�pf�t�G�ss_i9Q��City�.�� a �t�rQuirernent fp��treet parking to be_prov-ided alnn IVew Ma�rl.etlBenchmark. cxcluding.lhe.ZOO'_sPr.tion-w-uth.offrxxklin2d.; $ The Applicant's request fora waiver to UDC 11_3A-3 for two(2) direct lot accesses via Waanal Rd:; ------- Th��ppr�pri�t���Qval of sin xaiesl si idelintw�fsatd elsz amp 4£ lai$ nra=pgM-to be included in the Development A eemen d, Th�2lp� t'-S r mt 4r_b jil tlg&lil_th� - dl�trict is 1?e allowed a xiinurn height Qf I 00-feet. --- --- 4. City_Council change(s)to Commission recommendation: ax LjaWgygk_hg,—ApppCant'V -sted changes to coition -Oyer-the iyer-_tQU-D--C 113A-3-to alto t_e_w—o ro-cse�dim-ct�c-ccs-s-o-via Frm*lin- and approved the proposed desiWI guidelines to be the governing documentfor this deyelaum nt tplzc lud d-izt thc_I7eYcl�pment Agueemeztt. ------ - Page 27 Page 401 Item#11. VIII. EXHIBITS A. Legal Description of Property Subject to New Development Agreement lam E N 0 1 N E E R P N G October 9,2020 Ten Mile Crossing Sub-Area Project No.19.105 Legal Description Exhibit A A parcel of land situated in a portion of Section 14,Township 3 North,Range 1 West,B.M.,City of Meridian,Ada County,Idaho and being more particulariy described as follows: Commencing at the northwest corner of said SecWn 14,which bears N89'09'27"1N from the north 114 corner of said Section 14,thence following the northerly line of said Section 14,589'09'27"E a distance of 74A6 feet; Thence leaving said northerly line,S00 50'33"W a distance of 72.00 feet to the southerly right-of-way line of W.Frankiln Rd.and the subdivision boundary of TM Creek Subdivision No.2 and being the POINT OF BEGINNING. Thence following said%cutherly richt•or•way fine and said subdivision boundary,the fallowing twelve courses; 1. 589'09'27"E adistance of 176A5 feet; 2. SIVSV33"W a distance of 10.39 feet; 3. S89"09'27"E adistance of 70.CO feet; 4. NCTW331 a distance of 10.00 feet; 5. 589'09'270E adistance of44.37 feet; 6_ N881'73'22"E a distance of 9.64 feet; 7. S00°50'330W a distance of 7A1 feet; S. S89`09'27"E a distance of 61.72 feet; 9. S84'34'43"E a distance of 11353 feet; 10. 58r42'21"E a distance of 128.76 feet; 11. N84`2V410"E a distance of 94.58 feet; 12. NS7"36'44"E a distance of ISQ08 feet to the subdivision boundary of TM Creel Subdivision No 4; Thence leaving said subdivision boundary of TM Creek Subdivision No.2 a nd following said southerly rigor-af way line and said subdivision houndary of TM Creek Subdivision No.4 the following four courses_ 1. S83'19'54"E a distance of 144A9 feet; 2. 589'06'53"E a distance of 15824 tW: 3. N00'35'03"E a distance of 12.05 feet; 4. 589'09'27"E a distance of 75.09 feet; Thence leaving said svutherty right-ofway line and fallowing said subdivision boundary the following two courses; 1_ S00"34'31"W a distance of 18.30 feet; 2. S89'09'270E a distance of 249D0 feet; 9233 Wit st State Street • Do Ise,Idaho 83714 • 208.635.6939 • kntenglir.com Page 28 — - Page 402 Item#11. Thence Ieavingsaid subdivision boundary.589V9'27"E a distance of 1,079.97 feet.- The nce S89"13'12"E a distance of 467.21 feet; Thence NI7❑°1]'S3"E a distance of 1.93 fee; Thence 19.44 feet alo►tg the arc of a circa ar curve to the left,said curve having a radius of 60.00 feet,a delta angle of 18"33'54",a chord hearing of N09`05'04"W and a chord distance of 19.36 feet to the said southerly right-of-way fide; Theme following said southerly right-of-way line the following three courses; 1. 589'13'12"E a distance of 322-98 feet; 2. N00'3427"E a distance of 20.00 feet; 3. S89'13'12"E a distance of 542.00 feet to the easterly line of the Northwest 1/4 of the Northeast 1/4 of said Section 14; Thence following said easterly line,SW"34'27"W a distance of 1,280.50 feet to the southeast corner of said Northwest 1/4 of the Northeast 1/4(northeast corner of the Southwest 114 of the Northeast 1/4); Thence leaving said easterly line of the Northwest 1/4 of the Northeast 1/4 and following the easterly fine of said Southwest 1/4 of the Northeast 1/4,SW'34'20"W a distance of 1,038.11 feet; Thence leaving said easterly line,N89'12'39"W a distance of 450.00 feet; Thence 500"34'20"W a distance of 290.40 feet to the southerly line of said Southwest 1/4 of the Northeast 114, Thence following said southerly line,NST12 39"W a distance of 879.80 feet to the center of said Section 14 (northwest corner of Primrose Subdivision); Thence leaving said southerly line and following the easterly line of the Southwest VAI of said Section 14 (westerly line of said Primrose Subdivision),SOW35'29"W a distance of 887.73 feet tD the northwest corner of the"Public Use Area"lot on Said Primrose Subdivision; Thence leaving said easterly line(westerly;line of said Primrose Subdivision)and following the northerly fine of said"Public Use Area"lot,589"11'48"E a distance of 165.98 feet to the northeast corner of said lot; Thence leaving said northerly line and following the easterly line of said lot,500'32'586W a distance of440.52 feet to the southeast corner of said lot; Thence leaving said easterly line and following said southerly tine,N89'19'WW a distance of 166.30 feet to the southwest corner of said lot on the easterly line of said Southwest 114 of said Section 14; Thence leaving said southerly line and following said easterly Cne(also the subdivision boundary of TM Crossing Subdivision No_4),SOY3S`29"W a distance of 1.5.90 feet to the northerly right-of-way line of Interstate 84; Thence following the northerly right-of-way line and said subdivision boundary, N89'34'11"W a distance of 395.68 feet to the subdivision boundary cf TM Crossing Subdivision No,2; Thence leaving said subdivision boundary of TM Crossing Subdivision No.4 and following;aid northerty right- of-way line and said subdivision boundary of TM Crossing Subdivision No.2 the following eight courses: 1. N8934'11"W a distance of 104.E1 feet; 2. N81"01'41"W a distance of 83.12 feet; 3. N85°34'09"W a distance of 670.00 feet; 4. N0425'51"E a distance of 25.00 fleet; 5. N85'34'09"W a distance of 110M feet; 6. 504'25'51'W a distance of 15.00 feet; 7_ N81°29'01"W a distance of421.C7 feet; S. N82'3V30"W a distance of 185.91 feet to the 5ubdiiision boundary of TM Crossing subdivision No. 3; PAGE 12 Page 29 Page 403 Item#11. Thence leaving said subdivision boundary of TM Crossing No.?and following said northerly right-of-way line and said Subdivision Boundary of TM Crossing Subdivision No.3 the following four courses: 1. N82"36'30"W a distance of 394.87 feet; 2. N73"55'W W a distance of 104.00 feet; 3. N4658'42"W a distance of 166.76 feet; 4. N12905'53"W a distance of 92.20 feet to the easterly right-of-way Une of S.Ten Mile id.; Thence leaving said northerly right-of-wai fine,and following said easterly right-of-way line and said subdivision boundary, N01'31'49"W a distance of 71.15 feet to the subdivision boundary of TIN Crossing Subdivision; Thence leaving said subdivision boundary of TM Crossing Subdivision No.3 and following said easterly right-of, way line and said subdivision boundary orTIVI Crossing Subdivision the following three courses: 1. NGI'31'49"W a distance of 396.39 feet; 2. N89042'58"W a distance of 4.00 eet; 3. NOW30'02"E a distance of 456-75 feet; Thence leaving said subdivision boundary and following said easterly right-of-way line the following six courses: I. S89'11'30"E a-distance of 35.18 feet; 2. Nd0'31'34"E a distance of 236.38 feet; 3. N89'26'27"W a distance of 46.05 feet; 4. N00"33'33"E a distance of 1,06817 feet 5- 589°2627"E a distance of 12.95 feet 6. NO3°39'37"E a distance of 39.28 feet to the subdivision boundary of TM Creek Subdivision No.1, Thence following said easterly right-of-way line and said subdivision boundary the following twelve courses: 1. NO3'39'370E a distance of 20.72-pet, 2. N86"20'23"W a distance of 16,23 feet; 3. N00"33'51"E a distance of 4A1 feet; 4. N10"47'07"E a distance of 43,38 feet; 5. N53'31'44"E a distance of 54.14 Feet; 6_ NO3"31'44"E a distance of 66.$8 feet; 7. N49"26'27"W a distance of 43.9E feet; & NO3"39'37E a distance of 45.01 Feet; 9. N01"43'37OW a distance of 13213 feet; 10. 19.74 feet along the arc of a circular curve to the left,said cure having a radius of 7,272.00 feet,a delta angle of p0'09'2Q",a chard bearing on N02055'55"E and a chord distance of 19.74 feet; 11. N89"41'52"E a distance of 4.35 feet; 12. N00"33'33"E a distance of 529.09 feet to the subdivision boundary of TM Creek Subdivision No.2; PAGE 13 Page 30 Page 404 Item#11. Thence leaving said subdivision boundary of TM Creek Subd"wision No.land following said easterly right-cf- way Gne and said suhdivismn boundary of TM Creek Subdivision No.2 the fallowing four courses: 1. F+M13'33"E a distance of 123.31 Feet; 2. N0n7'3f'E a distance of 80,50 feet; 3. NOO'33'20"E a distance of 100.01)feet;, 4. N45"09'55"E a distance of 23,06 feet to the POINT OF BEGINNING. Said description contains a total of 307.'2 acres,more or less. OLL 13 La12459 Ia • . ?rD� PAGE f 4 Page 3 f - Page 405 Item#11. 1019.97 167 31 1 v SJ7.OU a in Ci it 9 ie ix s89`09'27'c •�v'�nr•� sSY'13'13'c s69'13'1='c x i, o h $ S a� $ 3 s N b i Q nL9.12'39"w 430.00 � R� a94°I�'39 w t 974.80 Y v O ro- n � � w 1!i 1 a R yr ,Qf 670-N y� Legend . O Pro}ec i Location I I - y I 1 � i �I _ 1 Page 32 Page 406 Item#11. B. Rezone Legal Descriptions& Exhibit Maps im- 9233 WEST STATE STREET j BOISE,ID 83714 1 208,639.6939 l FAX 208-639,6930 October 21,2020 Project No 19-105 Exhlbit A legal Description for Rezone to C-G{North) TM Center Subdivision A parcel of land situated in a portion of the Northeast 1/4 of the Northwest 1/4 and a portion of the Northwest 1/4 of the Northeast 114 of Section 14,Township 3 Nnrth,Range 1 West,B.M.,City of Meridian,Ada County,Idaho and being more particularly described as fnllaws: Commencing at a found brass cap marking the Northwest corner of said Section 14,thence following the northerly line of the Northwest 1/4 of said Section 14,589'09'27"E a distance of 1,577.99 feet to the POINT OF BEGINNING. Thence 589°09'27"E a distance of 1,080,0D Feet to a found aluminum cap marking the North 1/4 corner of sold Section 14; Thence leaving said northerly fine and following the northerly tine of the Northeast 1/4 of said Section 14,589'13'12"E a distance of 786.9C Feet to a point; Thence leaving said northerly fine.S00'34'27"W a distance of 234,00 feet to a point; Thence 576'26'39"E a distance of 556.22 feet to a point on the easterly line of said Northwest 1/4 of the Northeast 1/4 of Section 14,- Thence following said easterly line,500'34'20"W a distance of 459.40 feet to a point on the centerline of Ten Mlle(halo; Thence leaving said easterly line and following the centerline of Ten Mile Drain,S75'31'34"W a distance of I&D.64 feet to a point; Thence 96.67 feet along the arc of a clrcuIRrcutve to the right,said curve having a radius of 28630 feet, a delta angle of 19'20'p0".a chord bearing of S85`11'34"W and a chord distance of 96.22 feet to a point; Thence N85'08'26'W a distance of 1,677,56 feet to a paint; Thence S89'28'20"W a distance of 4,55,90 feet to a point on the easterly boundary aIfTM Creek Subdivision No.4(Book 117 of Plats,Pages 17944-17947,records of Ada County,Idaho); Thence leaving said centerline and following the easterly boundary of said TM Creek Subdivision f4a.4, NOW34'31"E a distance of 765.77 feet to the POINT OF 8EGINNING. Said parcel contains a total of 40,98t acres,more or less. Attached hereto is Exhibit 8 arrd by this reference is hereby made a part of. a. ... 12459 0 a � OT ENG NEERS SURVEYORS I PLANNERS Page 33 - - Page 407 Item#11. O d � T 0 z U � s � 0 5W 1000 1500 t: D c Plan Scale:1"=Soo' Z C o POINT OF COMMENCEMENT FOU140 ALUMINUM CAP FOUND BRASS CAP E 1/76 CORNER SECTION 14 CORNER SECTION 14 b -0FOUND ALUMINUM CAP , Q m mN 1 4 CflRNEft SECTION 14 6ASi5 OF BE117N /0 JNW 589'O9'27"E 29'a L ,Franklin Rd. S89'13'12`E S89'13'12E SB9'13'i2"E 11 12 z 15 14 1577.99" 1080.00' p,I C m 786.90' 542.00' 1328.90' v POINT OF 34 13 tl1 r S00'34'27 W N00'34'20"E d w BEGINNING Rezone Area:40.994+AC ��� I U o a 357.00' v H `�, ;. Parcets 51214212459,512142i258(1, g 51214121134,51214120710&S1214120805 +' w- o n 51214212622,a portion of SIb 26'38"E c z 51214212742&.51214121172 556.22' X Y '^ U I u Current Toning:R 40&C-C S00'34'20'W LU v I+ 58428'20"W Propnsed Zoning:C-C 459-40' ES M 465,90 C w NS5 08'26 3 j I � I fi77,5g' a TCENTERKINE OF ¢ +� TEN MILE DRAIN 875'31'34VW 180.64' DATE: ocoe«2020 [ PROAO S9-]03 _ I SHEET- 1 OF 1 FOUND 5/a" RESAR NE 1/16 CORNER SECTION 14 CURVE TABLE lam CURVE RADIUS LENGTH DELTA CHORD BR G CHORD C3 258.50' 96.67' 19.20'W- S85'11'34"W 96.22' MINEERS,5URgEyQ11S.PWINEA3 9233 WEST srn SrpeEr 11015E 10Fr a&3r.4 PHGNEI!, I639.6939 FAX L"j fiN-6730 Page 34 Page 408 Item#11. km 92 3.3 W EST STArF STREET 1 00i5E,i❑83714 1 208.639,6939 [ FAX 248.639.6930 February 16,2021 Project No.19-105 Exhibit A Legal Description for Rezone to R-40 TM Center Subdivision A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4 and a portion of the West 1/2 of the Northeast 1/4 of Section 14,Township 3 North.Range 1 West,B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 14,thence following the northerly fine of the Northwest 1/4 0l said Section 14,S89`09'27"E a distance of 2,657.99 feet to a found aluminum cap marking the North 1/4 corner of said Section 14; Thence leaving said northerly line and following the easterly line of the Northwest 1/4 of said Section 14.500`35'31"W a distance of 79 7.7 6 feet to a point on the centerline of Ten Mile Drain; Thence leaving said easterly line and following said centerline,585'08'26"E a distance of 81.87 feet to the POINT OF BEGINNING. Thence following said centerline,585'08'26"E a distance of 246.53 feet: Thence leaving said centerline,504'52'53"W a distance of 63.54 feet; Thence 194.95 feet along the arc of a circular curve to the right,said curve having a radius of 461.00 feet,a delta angle of 24°13'44",a chord bearing of 516*59'46"W and a chord distance of 193.50 feet; Thence 529'06'3W W a distance of 39152 feet; Thence 4 16.98 feet along the arc of a circular curve to the left,said curve having a radius of 1,000A0 feet,a delta angle of 23'53'28",a chard bearing of N77'14'03"W and a chord distance of 413.96 feet to the southerly line of said East 1/2 of tie Northwest 1/4; Thence following said southerly line,589'10'36"E a distance of 232.35 feet; Thence leaving said southerly Iine,NT49'30"E a distance of 99.7Ofeet; Thence 469.81 feet along the arc of a circular curve to the right,said curve having a radius of 600.00 feet,a delta angle of 44°51'49"r a Chord bearing of N22'38'33"E and a chord distance of 457.90 feet 10 the POINT OF BEGINNING. The above-described rezone parcel description contains a total of 3.895 acres,more-or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. 12459 � ENGINEERS I SURVEYORS I PLANNERS Page 35 Page 409 Item#11. 0 o � ry (A) O 300 600 900 0 Plan Scale;1 3w 10 11 BASIS OF BEARING a W.Franklin Rd, _ 589'09'27'E 2857.99' S69'10'12"E 2857.79' 11 12 = o 15 I4 — — — — cc 14 13 c . POINT OF COMMENCEMENT y ° m FOUND BRASS CAP FOUND ALUMINUM CAP c ai I NW CORNER SECTION 14 � � m m _ N 1/4 CORNER SECTION 14 °� >` r —z i z vi w coLn '>� r m Y M I � V cENTCauNe OF � TEN MILE DRAIN b X w o PDIIIT OF Lu BEGINNING `o `o S85'08'26'E o 245.53' w Rezone Area:3.895±AC S85'08'28"E p° r Portion of 51214121172 $1,07' (TIE] 50452'53"W Q L S12]4121133&S1214233668--- a 63.54' Current Zoning:C-G&TN-C DATE: Propused Zoning:R-40 PROTECT: 19-1p5 NDO'49'30'E ; 99.7 Q' SHEET SSW i 0'36"E { y�� 1 or 1 232.35' ry6'��]• CURVE TABLE CZ CURVE RADIUS LENGTH DELTA CHORD0RQ CHORD LEGEND 14� FOUND BRASS CAP km C1 461.OD' 194.95' 24'13'44" 516"59'4fi"Vf 193.50' & FOUND ALUMINUM CAP C2 1000.00' 416.98'1 23'53'213" N7714t3"W 413.96' A CALCULATED POINT FNGlrgW5 w7lnmRS,KmNUs 9233 WES! STRtET 03 600.00' 469.81' 44'51'49' N22'36'33'E 457.90' REZONE BOUNDARY etRse,raARD n.tnax73s — — — —SECTION LINE Prµ(2MI6r ♦39 Page 36 Page 410 Item#11. km 9233 WEST STAR STREET I BOISE,ID 93714 1 208.639.6939 M FAX 2.08.639-6930 February 16,2021 Project No.19-105 Fxhibit A Legal Description for Rezone to C-G(South) TM Center Subdivision A parcel of land situated in a portion of the South 1/2 of the Northwest 1/4 and a�artson of the Southwest 1/4 of the Northeast 1/4 cf Section:14,Township 3 North,Range I West,B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the center of said 5ectian 14,which bears S89"11'34"E a distance of 2,656.47 feet from a found aluminum cap marking the West 1/4 corner of said Section 14; Thence following the southerly line❑'said South 1J2 of the Northwest 1/4, N89°11'30"W a distance of 49.56 feet to POINT OF BEGINNING 1. Thence following said southerly line,N89°11'30"W a distance of 50.18 feet; Thence leaving said southerly line,NC'48'3WE a distance of 172.47 feet; Thence 131.103 feet along the arc of a circular curve to the left,said curve having a adius of 200.00 feet, a delta angle of 37'32'15",a chord bearing of N17'57'36"W and a chord distance of 128.70 feet; Thence N36°43'42"W a distance of 53;-27 feet; Thence 57.88 feet along the art of a circular curve to the left,said curve having a radius of 300.00 feet,a delta angle of 11`03'15",a chard bearing of N47'44'41"E and a chord distance of 57.79 feet; Thence 141.85 feet along the art of a compound curve to the left,said curve having a radius of 500.00 feet,a delta angle of 16'15'16",a chord hearing of N34"05'26"E and a chord distance of 141.37 feet to a point hereinafter referred to as POINT"A"; Thence 500'18'58"W a distance of 494.23 feet to POINT OF BEGINNING 1. The above-described rezone parcel description contains a total of0.654 acres,more or less. TOGETHER WITH Commencing at a paint previously referred to as POINT"A",Thence N00'1W58"E a distance of 262.00 feet; Thence 271.76 feet along the arc of a circular curve to the right,said curve having 2 radius of 926.00 feet,a deft angle of 16°48'5.4",a chord hearing of N08'43'25"F and a chard distance of 2 70.7 9 feet to POINT OF BEGINNING 2. Thence 128.39 feet along the arc of a circular curve to the left,sold curve having a radius of 500.00 feet, a delta angle of 14'42'45",a chord bearing of N19'19'30"W and a chard distance of 128.04 feet; Thence 144.04 feet along the arc of a reverse curve to the right,said curve having a radius of 300.00 feet,a delta angle of 27*30*34",a chord bearing of N12'55'37"W and a chord distance of 142.66 feet; Thence N0449'3d"E a distance of 17.95 feet; Thence 18 2.4 9 feet along the art of a circular curve to the right,said curve having a radius of 1,000,00 feet,a delta angle of 10*27'20",a chord bearing of 570'30'59"F and a chord distance of I8213 feet; Thence S29'06'38"W a distance of 44.98 feet; ENGINEERS I SURVEYORS I PLANNERS Page 37 Page 41t Item#11. Thence 193.61 feet along the arc of a circular curve to the left,said curve ha Wing a radius of 9MAD Feet,, a delta angle of 11'58'46",a chord hAaring of 523'07'15"W and a chord distance of 19 3.2 5 Feet to POINT OF BEGINNING 2. The above-described rezone parcel cewiption contains a total 00.533 acres,more or less. The total rezone desc►iptioa contains a total of 1.187 acres,more or foss. Attached hereto i5 Exhibit B and by this reference is hereby made a part of, bL VS I 1245910 Q a+ PAGE 12 Page 38 Page 412 Item#11. a S R y L ` TM Leek Suh.Na.3 L 3 L NW 1/16 CORNER I s m SECTON 14 4 —� W.Ctrhalto— " vvpl Sr o ! N I/16 CORNER Rerane Area:0.533tAC cx ro N SECTIO.45 14& 15 4 Lri o ParcelS121R233668 ro Current Zanirlg TIN ns y 3 Proposed lDning:C G Ln I POW OF BEGINNING 2 4 (TIE) U r r Pa rLel S12 TA233668 ND7 T B'Se"E Current Zoning;C-G on c m-ow (TIE) �, a PAINT"A" � m 02 + 16 � o � i i 5OO'18'SB'W LL1 o n Rezone Area.,0.554±AC 494.2Y Parcel51214233668 a � Current Zanfng-R 8&TH{ NSW 11'30'W 4 Pra pose d Zoning.C-G `J 4B-58' (TIE) OAiE rEy.urry apt! � saa•i r•30"e 2556-4 7�' � �o,an: >su� (72""Dald ui1 &LS 5 CF IHG L11 rPOINT OF SHEET! d£GINNING 1 1 DF 2 M CRP W 1/4 CORNER SECTION 14 POI FO OF tI 6 ALUMINUMCOMMENCEMENT COP 7 CENTER OF SECTION 14 LEGEND IS ALUM114UM CAP ® CALCULATED POINT REZONE BOUNDARY winE rs survEmu nennoes U 400 �� — —SECTION LINE �p3 wetilsf.,'r sr�ei ■nlSf. Nr1+7iU Vry{1kE llGE'hf9rilY Plan Stake:1"=400' rAL rare;i.wrNm O 6 G � p C ❑ ❑ m o` c Cif RVE TABLE OIL' m l7 1+1 na � CURVE RADIUS LENGiK Dfi7A CHORD eRG CHORD U A a � C1 200.00' 131.D3' 3732'I5" N17'57'36'W 129.70' O n ep C2 300.00' 57.88' 11'03115" N4T4-V41'E 57.70' 4) V5 c C3 `.AO.00' 745$5' 16'15'16' N34'05'28'E 14I,37' I❑j Ql 2 - ++ " m Cd 826.00' 271.76' 16'4d'S4' NR'43'25'E 270.78' CC � CS 500-00' 128.39' 1C42'45' IN Ir 10,30,14 125.0w Cd Cfi 300-00' 144.p4' 27'30'34' N12'S6'37'VI l42.88' C7 1000.00' 182.42' 10`27W WOW55-E t82.23' r N C8 E126.00' }9a.61' 11.584e' SLY07 1WL& LLI a � 1 r w v x EINETABLE LINE eCARING oil w Mi L1 N84'11'7A'Y1 50.18I��ua L2 H0'4a'30"E 172.47 SHEET_ L3 We43'42"N 53.27 2 OF 2 l4 NO'49'30'E 17r- L5 529'06'3E'YI 44,20 I rnxlr y�WS;.lw lnu rHonrl�!�®e krn R�r 17QiSpE�b Page 39 Page 413 Item#11. C. Preliminary Plat (date: 5/29/2020)and Conceptual Phasing Plan TM CENTER SUBUIVISION PRELIMINARY PLAT A PARCEL OF LAND OF ING A PORTION OF THE NORT NWESI L/A AND A,PORTN]H OF ME WE5F 1/2 OF THE NORTHEAST 1/+OF SECTION 14.TOWNSHIP!NOW-IN,WWGE 1 WEST, 606E MEMIMN,❑TY Oi MEKOAN,AOA t0u1TY,IOANO4 2020 - a IF, I . n � f m ♦f1 �]` s •• • V +.TY.V WIn _ IIxIL _ Tm— kk ^"�� �� � TYI mITm suaurirau., .�n-F � AIwc�Wlor.w rrin 07 �w3L! i € . _ . 1 { MAUI TM CINTLC SJe_,, Page 40 Page 414 Item#11. 4 10 • iu arum suaww" ME510LW,Nl4q gm k m M rM cENm w5Dwm oh .�,�ar.,ws.wra seas.-ee.��ago�n�r.wn IAEAICUM,IMHO sic I n w. PPi.o_ Page 41 Page 415 Item#11. ==T'M IINE- SEE SKEO PP-0 �z.1 ti...... .16IL I f iM CEN.E.YUOOY^PUN - ./EalnNh�CWIO FT i PI'LS � .�_. �' -- — d ! "� - b� ~ ~ MATCH UNI-SEE SHEET PP3,1- STREET SECTION:S.NEW MAR KEY AVE- -——-------- —rr.ww-m -s_ _ri--'n a�E�n fA1 CfM'EF SU9�iNSIC1N '� MEFIOUIH.i0Rr�0 Ian .I _ _ ,�'•.l' r't.'i.��ae r.»w•r r.�..r r wucE.nwF AwJArE nWAY¢ercw n'wci NNe enMei AUnemuxe[�w�e iP3.0 Page 42 - Page 416 Item#11. MATCH UICE-SEE SHE ET PP3"0 _ ~w :ram .� yam.• ry*w LI m �`------ - - - _ rn ry SFREET SECTION,S-WAY;I N OE R AVE. ......-...... TM C'FME0.Su901V151Qk W raEwol�w,�o�wo ST RE ET 5ECTTON:W.COSAET DR. ................. r � r = � i Y I r r �I TEN ;+MILE Phasing Plan ���= f Canca plu ad-suhjpcl to Ilia nAn I TEN $+ MIL-E- Page 43 — - Page 417 Item#11. D. Landscape Plan (date: 5128/2020) ----------------- _ _ ___tea�. F----------f — . I 1 I _ EF;S j o I � � *u a.xnx sveomvox -, , fiEER 11Ul C4Cw[IIpAEIAflffy Mf1apM.�Oaw[• T LANosCfll•E SITC PLAN io,;ti rweEs � — — ;;;y��," VIANIING k c gear -I- - -- -- :as- - - - r �'ME9TIUN.101 HO �f'IANTING OFTAII K? I'IANTINI i Fl[TAII Ri f Page 44 Page 418 Item#11. E. Roadways—Completed and Future 100% COMPLETE • Va n g u a rd (primary entrance) • Navigator (east1west collector/local) • Wayfinder (north/south collector) 75% COMPLETE ■ Cobalt (east/west collector) IS% COMPLETE + Benchmark (north/south collector connection to Franklin) 4 _ i Page 45 Page 419 Item#11. F. Pathway Plan IF k - EN11!r CORRIDOR i� - I Multi-Pun mse Pathways TEN ;+MILE f r Roads&Pathways Ten Mile Crossing Dist frt . _ - w to icr Pithmi I F I 2 I TEN �+ M-IL-E- - G. Conceptual Building Elevations/Perspectives lth TJr r LL' BRIGHTON BUILDING {eompletej PAYLOCITY BUILDING {complete) TM CENTER SUBDIVISION rM CENTER susm I510N NEIISWIG EIE ATM TTPIGLS WIL➢ G MATI PP S — Page 46 Page 420 Item#11. NOW AMERIBEN PHASE II (under constr) SALTZER MEDICAL (under constr) TM CENTER WBERV610N ' TM CENTER SUBOMSPON kKk0 N WVIIEION•6W.A15 PVINNNG fAIYAIIOx TI'RCAlS J. R U LASALLE BUILDING (under constr) EXISTING SINGLE-STORY SHOPS TM CENTER WODIVISION TM CENTER SUBOMSIO14 Pull[HNf.E15YATi[1N ttPICA15 PxNDNIC EIEYRTgN 1YPlCRLS .0 I + l II EXISTING SINGLE-STORY MEDICAL EXISTING CARWASH W CE NT ER SIJBOIVI SION 1"CENTER 11JTi pIVI5111 P! !H1RIlix1:!1}Vn1 Pln 1ih�al) R�:111 N:•F1�'•,x11� •1•i:ni Paoc 47 Page 421 Item#11. 4 �i EXISTING RESTAURANT/SHOPS (front) EXISTING RESTAURANT/SHOPS (rear) TM CENTER SUROIV15ION WI&MG EUVATION i MS TM CENTER SUBDIVISION VAN PING E l EVAI ION TVMCAIS I:� r E. EXISTING AUTO SERVICE THE LOFTS at TEN MILE (complete) TM CENTER SUBDIVISION TM CENTER SUBDIVISION 3upDHG EIEVA1gN ITRCALS WL.NG UCYATRIN r&KAL5 _ 1 THE LOFTS at TEN MILE (garages) THE FLATS at TEN MILE (under constr) T M CENTER SUE DIVIM N FM CENTE R 5USOIVISION 9NLURiG EIFVAIIUN ITPIEALS 1�N0•lG EIEVAip.ttpl[lµ5 Page 48 Page 422 Item#11. H. FLUM Designations/Use Plan&Conceptual Land Use Plan Presented at the Commission Hearing I •1 _ FRANKLIN RD HEIR ■ —��r ■r ■■�•■aa■lrO POSEfl•�'a 0Ea M a aa mu-r MU>!.^ ■ PHASE 3 -0 RESIDE4TIAL r ■. 7�. ra.a4feeaaa• 00 aa*r■■■a•■+VEYELOPED R• FUTUREMULTI-rAMILY wr Fr a PHASES 1 S 2 �• NI.D ENS RES r-. �MU -R11 TVTVRE LIM AIG4� TO RESIDE fl M-HIL ®R RESIDENTIAL MDR ,■ � . COMMERCIAL � CONDITION 9.f.('I) M., ,zazQ, • MU-C- Max. 30% ground-level residential Ml!-R-Max.40% land area non-residential TEN MILE CROSSING CONCEPTUAL LAND USE PLAN i L_j -- ILO —..�....—�i ram' -------------i If_------;l 1 1 � gETAtL i � 1 ,r 1 ----- —r MLD ,f f THE LOFTS THE FLATS --HICH..-1 �mr- I MF � I DENslrr � r r I L RESIDEMTIALI >�► t,. -------'---- —--- ----�\ ► 1 I ► MEDIUM To 1 1 _ 1 MEDIUM-HIGH 1 DENSITY j I 1 ► RESIDENTIAL t j [future pre-pfa[ j I i application) ► r I 1 I 1 HE" LW4 vE SALT2£R rice AMERIBEN Color ❑evelopment Stat as MEDICAL �tc Future Commercial MEDICAL Development o►� Built or Approved HOTEL BRIGHTON PAYLOCiTY Future Residential ��— LASALLE� Development �'r� I +.OP7 Feel C4 or Mrndian Ana Co r-.. MARCH 1R.2021 r I.I Page 49 Page 423 Item#11. 1. Ten Mile Crossing Design Guidelines Link: lsttps:lhveblink.meridiancity,or'glWebLinklDoeView.aWx?id=226536&dbid=O&repo—MeridianCity Page 50 Page 424 Item#11. IX. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION annexations.A eoneeptual use plan (i.e.bu bble plan) sh nil he submitted at least 10 days pro a r-to the City Council hearing,to be ineluded in the development agreemeHt,thnt demonstrates consistency with the FniN of uses ff om eseh major use eoteger-y (i.e. eemmer-emal, r-esidentiol,empleyment) for-the over-aii or-eft gover-ned by the DA as set fekh In the T-MISAP and the provisions of Development Agreements associated with pireAous Done 1. A new Development Agreement shall replace all existing agreements in the Ten Mile Area as referenced above in Section VI.A, and shall include the following provisions: 1 fRANKUR RD � ~ 3 I _ r TEN MILE Ctk _ „1 - l =rt•. r 141f 1.M1 rr.l.•r 4' I CR045ti'� ' �--� TM Crossing Expansion _ PW*IMT(%, LNF5 c R E •r. •CTUAL AReiy". ' -ARY a. Provisions applicable to entire development: (1) Future development shall be consistent with the guidelines for development in the Ten Milt into- t,.,.,ge Speei fi,Area ni.,., (T-MIS"n)Ten Mile Crossing Design Guidelines pertaining to land use,transportation and design;UDC standards;and design standards in the Architectural Standards Manual, except for the deviations specified in this agreement. (2) Public art shall be incorporated at the entries of the site to create a sense of arrival and as appropriate throughout the overall development, Public art should contribute to the character and identity of the City and should be incorporated in the design of strectscapes,plazas, public spaces associated with buildings,etc.Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies,or visible from the street or publicly assessable open spaces rather than interior courtyards), in Eteee_d with the TMIS"n. (3) Building height in the C-G zoning district for structures in the area governed by this agreement is allowed to extend up to a maximum of 100-feet without further application. (4) Direct lot access via S.Ten Mile Rd. and W. Franklin Rd., arterial streets; and W. Cobalt Dr., S. Wayfinder Ave., S.Vanguard Way and S. Benchmark Ave.,collector streets, is prohibited in accord with UDC I 1-3A-3 and the TNUS""unless otherwise approved by the City and ACHD . City Council approved waivers to UDC 11-3A-3 far direct access via S. Ten Mile Rd., W. Page 51 Page 425 Item#11. Franklin Rd., S. Wajflnder-Ave. and W. Cobalt Dr. as shown on the preliminar v plat and concept plan for TM Creek subdivision Z 13-015; PP-13-0301. (5) The design of future buildings in this development shall incorporate design elements that are generally consistent with those in the"typical"elevations shown in Section VII1.G and the architectural design_guidelines in the Ten Mile Crossing_Design Guidelines, (6) The developer shall continue to work with Valley Regional Transit (VRT)to determine the nature and timing of public transit services needed in this area.With each final plat development phase, an update should be provided to the City. Shelters Should be placed at transit stops for weather protection to patrons. the design of such should be coordinated behveen the City,VRT and ACHD ensuring architectural consistency with the general theme of the activity center. Transit locations should include pedestrian amenities such as landscaping,pedestrian and landscape lighting,benches and trash receptacles consistent with the design and location of the shelter. (7) Prior to the City Engineer's signature on the first final plat for TM Center,the developer shall submit a surety to the City of Meridian for the cost of a Welcome to Meridian sign to be placed off-site at the intersection of S. Ten Mile Rd. and S. Vanguard Way.The sign shall be constructed prior to issuance of the first Certificate of Occupancy in the first phase of TM Center subdivision. (8) A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District, Prior to any development occurring with the Overlay District, the Applicant is required to submit,and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10,Chapter 5, including hydraulic and hydrologic analysis. (9) Street lights at a pedestrian seale shall be installed within the tree lawn area along W, Frankin Rd. as se4 f t4h i^ the TAArC A D (IQ)_The Applicant should Follow the bubble plan concept presented at the hearing, included_ in Exhibit VIII.H, as they move forward with their conceptual development plans. (11) A significant central amenity shall be added to the concept plan for the project, whether it be an amphitheatre,a plaza, or a park.The Developer_should seek_assistance from the urban renewal agency or work with Council on what that amenity might look like. b.rMQ:ossitig i]Fpo"riz'a`ieH site (40048 W22, Peffel 4R719280075-�)i (12) ]fat some point in the future the adjacent homes to the north and east of the site (i.e. Parcel #R7192800752)redevelop commercially and the 25-foot wide right of a street easement depicted on the Primrose subdivision plat on the adjacent property to the north (Lot 7, Block 3) is dedicated, a public street connection may be required at that time, (2?-) 13) A pedestrian connection shall be provided from the residential neighborhood(i.e. Primrose Subdivision)to the commercial development to the west❑n the TM Crossing Expansion site(H-2018-0122 Parcel#R7192800752)in accord with UDC 11-3B-9C.3. The location of the pedestrian connection may be within the right "7 street easement adjacent to the north property boundary. e. TM Gr-eek site r a j 7 2 !1!s 9 20 17 n 1:2,9� !�1 Cawre development of this site shall be generally consisient. 4h the a epival site plan 1 1 � , Page 52 Page 426 Item#11. qn�s; T �F TI,,fr,l. r U.:".,f, tj VJ __ r mid: - (-214) Street lights at a pedes4fian seale shall be installed within the tree lawn area along S. Ten Mile Rd. and W. Cobalt Dr. as set r 4h i~ the TMISAF. (415) Pedestrian-scale lighting shall be installed along S. Wayfinder Ave. north of Ten Mile Creek"s sat f i4h ;. the T-MIS n n (4]5] All structures within the TN-C zone adjacent to S. Wayfinder Ave. north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC I I-2D-5 and the design elements contained in the T"' n Ten Mile Crossing Design Guidelines. (-Sj7 Buildings along S. Way nder Ave. north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts,in acear' with the Tonic n n (4�18) A crosswalk shall he provided across S. Wayfinder Ave. where the multi-use pathway along the Ten Mile Creek crosses the street. ( l 9) Fef Except where multi-family developmentmay occur, for streets &block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek,it is recommended that sidewalks be lined with shops,restaurants,offices and galleries and that buildings be designed with multiple sidewalk entries where feasible,generously-scaled display and transom windows,pedestrian-scales signs and banners, and awnings or canopies for sun shading. (8) A pedestrian or-essing ever-the Ten Mile Creek shall be provided as paf4 of the oreek (9}(20) Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the Internal Pedestrian Plan shown below. Page 53 Page 427 Item#11. T _ - ++ rJ I y� 1 rti.. .--------- �. Pedestrian Plan - Condition 1.1.1.s �- ' (1021)South Wayfinder Ave. shall initially be constructed in accord with the street sections shown below.Future reconfiguration of S. Wayfinder Ave. may occur if warranted by ACHD, in accord with the street section shown below. Page 54 Page 428 Item#11. FL VI.lb POW P. 5.Da "CD '4W +400' 700' a PAFwk4o - LANE BIKE PARKING '06' 500' 1+.Da' 13.1%I W�IAW 13.D0 11.W ..00' 780' 2$V �IC,EWALF: am 131 C LIVE LANE TLIRIR VIIE I1.riE LANE BIKE m' SIhEYYAis: 25Q cw ^u7lRE UR FUTE R.IruR'c - � i:LTLRE PiruRe EU Irt1RE A. . FtMAJNLNG Sltl,-WALK CdZ k; ILTED qlE IQING SIdEyW�0�15YYJCTFE WRH BUILDING FRANKLIN CROSSING AVE ATTI auILDNO NORTH OF CREEK PL 100 W ROW PL l 7.Oa 85Q l2W t00U 1390 f0.1Y3 t^_OP 6.50' Y.W fl 00' SIDEWALK BIKE LANE LA+JE TURN LANE LANE LANE BME SIDEWAL% 9g3' t I FRANKLIN CROSSING AVE BRIDGE SECTION eL MOD ROW Pt 9 C0' TCd +a YY -Itl' Hd0' PARKING RIPS U!•!_ - U ft NAS PARKING 5 p0' BOO 3.fb' ", .7G' AI_JIAfJ� 17.00 li.[)Q r,= 30Cr 5.= SIDEWALKi PLARTER BIKE LRNE LF!•= TJR3 LANE T L:.r.E LANE HIKE W KAINIF.-. SIDELYRLK 0.5d F ___ 0.5tr J-WRE N>'URE -lITLR< <IITVRE LRIJRE 1317VRE I FRANKLIN CROSSING AVE SOUTH OF CREEK d.T-M-meek East Q4 2015 00 19} �+} 22 The TM Creek East site(H-2015-0018) shall develop with multi-family residential uses and shall obtain conditional use permit approval prior to development. The overall average density target should be at least 16-25 dwelling units per gross acre. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical." (2L) (23)The subject property shall be subdivided prior to issuance of any building-permits Certificates of Occupancy for the site. wren Mile Center(aka Treasure Valle., investments) �.nz,>,.-rr (1) The propeny shall be subdivided prior to submittal of the first Gerlifieate of Zoning Q) JL4ZThe property shall be developed in a manner that provides a transition in uses to adjacent residential properties. (3) Most btAdings along S. Ten Mile Rd. should addi-7ess the street by being built to 4he st bikes an the pathway as set forth in !he TMISAP. Page 55 Page 429 Item#11. 44 (25JA pedestrian connection shall be made to the adjacent school site to the east(i.e. Peregrine Elementary School). W L26LThe portions of the property zoned TN-C and TN-R shall be developed in a manner that incorporates traditional neighborhood design concepts as set fooh in the TNUS n n (464 (27) Only residential uses shall be developed within the R-8 zone. In addition to other allowed uses, a minimum of 75 residential units shall be developed within the TN-R zone, and a minimum of 300 residential units shall be developed within the C-G and/or TN-C ?ones combined. (-7-) Q281The Kennedy Lateral and all other waterways on the site shall be piped or otherwise covered in accord with UDC 11-3A-6, unless waived by City Council. ($) (L9)Based on the 2020 Sewer Master Plan Update. the subject property(i.e. Parcels #S1214233668&S1214233680) lies within two sewer boundaries. The Kennedy Lateral is the sewer shed boundary. Sanitary sewer services to this development is are being proposed via main extensions from the Slack Cat Trunk and Ten Mile Diversion Trunk of mains located near the Purdam Drain within the southwest portion of the subject property and main extensions from Franklin Road, Owner/Developer shall install mains to and through the development, 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 then alternative materials shall be used in conformance with City of Meridian Public Works Department standard specifications. M L101 Water service to the subject property(i.e. Parcels#S1214233668& S1214233680) will be via extension of mains in Ten Mile Road along the alignment of the fixture east-west collector. Owner/Developer shall be responsible to install water mains to and through the property at the time of development and to coordinate main sizes and routing with City of Meridian Public Works Department. 404 Q 1) Future construction of streets within this site shall be consistent with the applicable street section as shown on the Street Sections Map contained in the Ten Mile Crossing Design GuidelinesInter-c ange SpccificA.-ea Plan r'7'NU A n■(pgs.3 20 and 3 2t�+tthe erweptieii o 9 the easOtNvs�ee4 1 eater-street(W. Cobalt Dr.) k-om Ten Mi 1 e Read R4 with Street seetion C7. ( ) �-n_:,. Development occurring on the subject property, the applieant shall be subject to modify the development agreement and conceptual development plan dated March 18,2021,included in Exhibit VIII.H.f r--�� consistent with the MU-C and MU-R land use designations. A mix of uses from each major use category(i.e. commercial,residential,employment)shall be provided as set forth i No more than 30%of the ground level development within the MU-C designation shall be used for residences. No more than 40% of the land area within the MU-R area shall be utilized for non-residential uses. (2) The subjeet proper!),shid! e subdivided �ee of an),building pei-mits for!he (-3-) (33) Provide a minimum of 218 residential dwelling units on the site of varying types(i.e. multi-family, single-family,townhouse,duplex,and/or vertically integrated). Note.- Tire Page 56 Page 430 Item#11. number of units provided may he greater than 218 units without a li►nit on the rnaximuni number of omits, (4) LL4LA IO-foot wide multi-use pathway shall be constructed on this site along the t south side of the Ten Mile Creek and to the property to the south-(i.e. Parcel#S1214233668). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 1 1-3 B-12C. 35 The stub street that exists to this property at the east boundary of the site U.e. Parcel #S12141.21133 ,W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development. W JL6LThe Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa& Meridian Irrigation District(NM1D) as it is owned in-fee by NMID. (7) Sidewalk", "ball be pFevided intemally aleng aFie side afall ffi�ar-Elr-ive aisles fer-pedeskia" within the developmew. (9) JL71This property(i.e. Parcels#S 1214212622, #S 1214121134,#S 1214120712 & #S 1214121133)borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street, The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. (9) MThe City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property Ii.e. Parcels #S 1214212622,#S 1214121134,#S 121.41207.12 &#S 1214121133),the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. Baiii ridge ❑faaklia(to 2n i❑ 00 5�) eomplianee appheation,the applicant shall provide a recorded eivss aeeess easelzi.ent lifial ?, The final plat(s)shall include the following revisions: a. Change the street name of S. New Market Ave. to S. Benchmark Ave. consistent with the Street Naine Review approval, b. Include a note that prohibits direct lot access via W. Franklin Rd. and N.Ten Mile Rd., arterial streets: and S. Wayfinder Ave., S. Benchmark Ave., W. Cobalt Dr.and S.Vanguard Way, collector streets, unless otherwise approved by the City and ACHD. Note: City Council approved a waiver to UDC 11-3A-3 to allow the two (2)direct accesses proposed via W. Franklin Rd, on Lot 4, Block 3 and Lot 4, Block 4 to the east and west of Nei blarketlBenchniar^k,su4ject to A CHD approval. c. A 5-foot dry-utilities corridor should be provided along both sides of the street curb along S. Wayfinder Ave., W. Cobalt Dr. and S. New Market Ave./Benchmark Ave. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either Page 57 Page 431 Item#11. side of the street. Streetlights of a pedestrian-scale shall be provided along W ayfinder north of Ten Mile Creekan r.,►ak;„edest.-ian r trio lig_ ting; et,. -ed along New pedestfian a is r-eqt6redm ci. South New Market Ave./Benchmark Ave. shall be constructed with two(2)travel lanes,bike lanes,parallel parking south of Ten Mile Creek on the east side of the_street.adjacent tQ rare mWiummmdcnsitXresjden_tMs&Y_d m erjt(if allowed by ACHD K=P. ig r l tSingof area, 8-foot wide parkways and detached sidewalks/pathways consistent with c+rao. Seeiion r) in the 4:N4rc A n the Ten Mile Crossing DesigmGuidelines,the development agreement, Pathways Master Plan and pathway plan for the site. The,fitst 200'of'sowh Uf Frrtnkliu Rd. on New Ifarket is not allowed to have on-street parking per the ACHD report to allow for right anti Ieft turn lanes. e, Streetlights at a pedestfian seale shall be located in the tree lawn area(ix. in right-of--way between curb and sidewalk)along S. Ten Mile Rd. in aeeefd with the:F:N41SAP ref:S+Fee Section A (see pg. 3 "' Dry utilities should be located back of the curb in the dry utilities corridor. f. Streetlights shall be located in the tree lawn area(i.e. in right-of-way between curb and sidewalk along W. Franklin Fed. and Vanguard Way a wit } g � y . Dry utilities should be located back of the curb in the dry utilities corridor. g. Depict a minimum 5035-foot wide street buffer along S. Ten Mile Rd.,an entryway corridor, measured from the back of curb, in a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association in accord with UDC 11-3B- h. Depict a minimum 25-foot wide street buffer along W. Franklin Rd., an arterial street,measured from the back of curb, in a common lot in the R40 zone and in a common lot or on a permanent dedicated buffer in the C-G zone,maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2. i. Depict a minimum-2 O-foot wide street buffer along W. Cobalt Dr., S.Waytinder Ave., S. New Market Ave./Benchmark Ave., and S. Vanguard Way, collector streets,measured from the back of curb, in a common lot in the R40 zone and in a common lot or on a permanent dedicated buffer in the C-G zone, maintained by the property owner or business owners' association in accord with UDC I I-3B-7C.2_ j. A cross-access/ingress-egress easement shall be granted via a note on the plat or a separate recorded agreement between all non-residential lots in accord with UDC 11-3A-3A 2. k. A cross-access/ingress-egress easement shall be granted via a note on the plat or a separate recorded agreement to the parcel to the east(#R8580500100,Villas at Twelve Oaks) in accord with UDC 1 I-3A-3A,2. 1. Remove the two(2)driveway accesses depicted on the plat via Franklin Rd. on Lot 4, Block 3 and Lot 4, Block 4 to the east and west of New Market/Benchmark unless specifically approved by City Council through a waiver to UDC l 1-3A-3,which limits access to arterial streets,and by ACMD. Graf Council gpproved these two (2)driveway accesses;ACHD approval is still required. Page 58 - Page 432 Item#11. m. If New Market has not yet been constructed to stub to the site's south properly boundary by the time the proposed Section is constructed, depict a temporary turnaround easement and construct a temporary cul-de-sac that meets the dimensional standards of a standard cul-de-sac at the terminus of New Market on this site per ACHD and Fire Dept. standards. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Detached pathways, 8-to 1 0-feet wide,shall be depicted in accord with the pathway plan in Section VII1.F and with the City's Pathways Master Plan as required by the Park's Department in Section IX.E.At a►nininnim. 10-foot wide pathways shall be provided along S. Ten Mile Rd.. the east side of S. New Market Ave. and along the Ten Mile Creek in accord with the Path waYs Master Plan:$-f•oat wide pathwavc mats he provided in other locations. b, Depict a minimum 5-foot wide detached sidewalk along the west side of S. New Market Ave,/Benchmark Ave. where 8-to 10-wide pathways are not proposed on the pathway plan,with 8-foot wide parkways within a minimum 20-font wide landscaped buffer in .,,,.ord...:f,..,.o T Ucan f St fee!Seetian D(see pg. 3 21). c. Depict a minimum 20-fool wide street buffer, landscaped per the standards listed in UDC 11-313- 7C.along each side of W. Cobalt ❑r., a collector street; and a detached 8-to 1 0-foot wide pathway on the south side of the street consistent with the pathway plan. d. Depict minimum 20-foot wide street buffers,landscaped per the standards listed in UDC 1 1-313- 7C,along S. Wayf nder Ave. and S.Vanguard Way, both collector streets. e. Depict a-935-foot wide buffer area with detached ld=foot wide pathway along S. Ten Mile Rd., eonsisient . :4 that shown for-Street Section A in the•7N44S An, depict landscaping in accord with the standards listed in UDC 1 1-3B-12C for pathways and 11-313-7C for street buffers. f. Depict a minimum 25-foot wide buffer with a minimum 5-foot wide detached sidewalk along W. Franklin Rd., landscaped per the standards listed in UDC 1 1-3B-7C. g. Depict streetlights in the tree lawn area along S. Ten Mile Rd, with the TMIS Av f r Street Sect-ion A(see pg. 2-2�. h. Depict streetlights at a edes..-:.,., c ale in the tree lawn areas along W. Franklin Rd. and S. Vanguard Way i. Depict streetlights at a pedestrian scale in the tree lawn areas along W. Cabal! Of. and S Wayfinder Ave. north of Ten Mile Creek: if-New N1aF1.e41_Be ._- ..iar4r : et eanstF;Heted as res;deatial ealleeter st*ee!with an street par-Icing, streetlights at a pedestFian scale shall alse be pWvided al g thisnf_ el j. Include mitigation information on the plan for all trees on the site that are proposed to be removed that require mitigation in accord with the standards listed in UDC 11-3B-IOC.5. Contact Matt Perkins,City Arborist,to schedule an appointment for an inspection to determine mitigation requirements. oefisider-ed as a staAifig point f;gf eaeb stfeel: sidewalks,bike lanes, wide shoulders,er-esswalks, r-efuge medians, bus pullou4s, speeial bus lanes, raised eresswalks,audible pedestf4 sidewalk bulb eats., street Airnishings and on stfeet pai-king. The Applienat shall nddress a publie heer-iflg(or-on wr-ifing prior-to the hearing)what additiefi%li design features are plifflned for inter-nal publie streets within this development aAde from those .See pgs. 11-14 of the Ten Afile Crossing Design Guidelines fin-details. Page 59 Page 433 Item#11. 3 4. All future development shall comply with the minimum dimensional standards listed in UDC Tables 11-2A-6(R-8), 11-2A- (R-40), 11-28-3 (C-G), 11-?D-5(TN-C) and II-2D-6, as applicable. 4,, 5. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for all of the multi-use pathways within the site that area not located in the right-of-way prior to signature on the final plat by the City Engineer. 6. Streetlights shall be placed in the dry utilities corridor on either side of W. Cobalt Dr., S. Wayfinder Ave. and S. New Market Ave.113enclimark Ave. 4- 7. Development of the plat shall occur generally consistent with the phasing plan in Section VIII.C. B. PUBLIC WORKS 1. Site Specific Conditions of Approval L.1 The current sewer configuration submitted with this application,depicts at intersection of Colbalt and New Market Avenue, flow being enabled to go in either the north or the west direction. This needs to be corrected so flow only goes in one direction. Based on conversations with applicant 8" sewer line on Cobalt will not connect to manhole at intersection. 1.2 To alleviate the water quality issues, this development must extend the proposed l 2" water main south to connect into the existing water main in S New Market Ave (TM Crossing No 4). 1.3 Tie into the existing 12" water stub in Vanguard(between lots 6& 25,block 1) 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"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 60 - Page 434 Item#11. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 1 1-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian.Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as Landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-521 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 permits. 2.1 D 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. 2.1 1 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-313. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny 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 I I-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 rninimurn 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 I-foot above. 2.19 The applicants design engineer shalt be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 61 - Page 435 Item#11. 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 bttp:llwww.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of.125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature, This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website, Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information. C. FrRE DEPARTMENT https://weblink.meridianci!y.org/WebLink/DocView.aspx?id=191391&dbid=0&repo=MeridianCity D. POLICE DEPARTMENT https://weblink.meridiancity.orglWebLinkfDocV iew.aspx'?id=191282&dbid=O&repo—Meridiancity E. PARK'S DEPARTMENT hitps:ll"yeblink.itzeridiancitb,.orglWebLinA-IDor•Vievy.asps?id=192685&dbid=0&z-Wo=MeridianCiti) F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) hitps:llwebliizk.meridiancit}?.orglWebLinAlDocVieHp.aspx?irr223592&d bid=O&I-epn—MeridianCity G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) htWs:Ilweblink.nreridianciq.orglWebLinklDocView.aspx?id=2 23468&dbid=O&repo=MeridianCih, H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:11weblink.►neridianeio,.otglWebLink/Doc View.asp_r?ir=191393&dhid=ll&rWo=Meridian City I. WEST ADA SCHOOL DISTRICT(WASD) https:lltiveblink.Inez-idiancitti�.nIglWebLinklDocView.aspx?id=192801&dbid=O&t'C po=Met-idiailCitI J. ADA COUNTY HIGHWAY DISTRICT(ACHD) h1t s:llwehli)zk.nzericlialtritv.or IWebLink/DoeView.as x?id=223625&dbid=O&i-q o=Mei-icliaiiCitt, Page 62 Page 436 Item#11. Questions from City Staff and ACED response: https:llwebl ink.rneridiaticity.of glWehLink IDoc t'ie",.yW,v?id=?22896&dbid=Mrepo=MeridianCitu ACHD confirmation that a Traffic Impact Study(TIS)was not required for this project. httt s:lliveblitik.Irtel•idiancity.oiglWebLitrtclDocViei,v.aspv?id=222887&dbid=08repo=MeridianCict. X. FINDINGS A. REZONE(UDC 11-5B-3E) Upon recommendation from the commission,the council shall make a full investigation and shall at the public hearing,review the application. In order to grant an annexation and/or rezone, the council shall make the following findings; 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the rezone of the subject site to the C-G and R-40 zoning districts is consistent with the associated MU-COM and HDR FLUM designations in the Comprehensive Plan for the su1 ject property proposed to be rezoned. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Ciq,Council finds the proposed map amendment to C-G will assist in providing for the retail and service needs a f the community while the map amendment to R-40 will assist in providing for a range❑f housing opportunities consistent with the Comprehensive Plan in accord with the purpose statements,for the districts. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The Cit}l Council./finds that the proposed rezone should not he detrimental to the public health, safety, or welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and The City Council finds that the proposed rezone will not result in any adverse impact upon the delivery nf`services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Because this application is for a rezone and not an annexation, this finding is not applicable. B. PRELIMINARY PLAT(UDC 11-6B-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170,8-30-2005, eff. 9-15-2005) 4-. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-5-2009,eff. 7-8-2008) The City.•Council,finds the proposed plat is generallk in conformance with the UDC and the guidelines in the Comprehensive Plan and TMISAP if'the Applicant complies with the Development Agreement provisions, conditions of approval in Section 1X and ACHD conditions. Page 63 Page 437 Item#11. Public services are available or can be made available ad are adequate to acconnnodate the proposed development; The Cihi Council_finds public sei-vices Can he made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the cit_y's capital improvement program; The City Council finds the proposed plat is in substantial outfinrmance with.scheduled public improvements in accord with the City s CIP. 4. There is public financial capability of supporting services For the proposed development; The City Council,finds there is public financial capability nf'supportingservices fit.the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare,and The City Council_finds the proposed development will not be detrimental to the public health, safety orgeneral wefrrre. 6. The development preserves significant natural,scenic or historic features. The City Council is unaware of anv sign ficant natural, scenic or historic.features that treed to be preseri,ed with this development. Page 64 Page 438 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between the City of Meridian and Amplified Production Group for Sound Production at Concerts on Broadway Page 439 Item#12. AMPLIFIED PRODUCTION GROUP LLC 6707 S.Eise=an Rd,Suite 110,Boise,ID,83719 208-344-3981 Office PRODUCTION SERVICES AGREEMENT Contract entered into as of the 8th day of June ,2021 by and between Amplified Production Group, (hereinafter APG), and City of Meridian(hereinafter COM). The contract is for audio services supplied by APG. RECITALS: WHEREAS COM wishes to have comprehensive audio equipment, service, and consultation available for its Concerts on Broadway 2021 season; and WHEREAS APG is experienced in providing audio equipment and services for Live Event Concerts.NOW,THEREFORE, in consideration for the covenants and promises herein and for other good and valuable consideration the parties agree as follows: 1.0 Services: APG hereby agrees to provide comprehensive audio services to COM at each of three (3)concerts, on August 28,2021, September 11,2021,and September 25,2021. COM agrees to use APG as its exclusive supplier of audio equipment rentals and services for the Concerts on Broadway 2021 season. 2.0 Terms of the Contract: . By July 30,2021,Promoter shall provide City with: 1)a completed ACH Form,2) a copy of a voided check, 3) a completed W-9 form, and 4)three (3) invoices in the amount of one thousand nine hundred fifty dollars($1,950.00) each for services to be provided on August 28,2021, September 11,2021, and September 25, 2021. So long as all documents are complete and received by July 30,2021, City shall pay APG in full,via direct deposit,on the Wednesday prior to each concert(on August 25,2021, September 8, 2021, and September 22,2021). If such documents are received by July 30, 2021, following APG's provision of services at each concert in accordance with this Agreement,APG shall provide COM with an invoice for the amount of one thousand nine hundred fifty dollars($1,950.00) for services provided at each concert,which invoice COM shall pay within thirty(30)days of receipt thereof. Payment of all taxes and other assessments on such payment shall be the sole responsibility of APG. 2.1 COM may,in COM's sole discretion, cancel one or more concerts, for any reason, including,but not limited to,upon the order or advice of a governmental agency related to COVID-19 or other public health hazard. If City cancels one or more concerts: 2.1.1.1 More than ten(10) days prior to the concert: This Agreement shall be void as to that concert, and APG shall not be entitled to payment or any other benefit hereunder. 2.1.1.2 Within the ten(10) days preceding the concert: So long as APG is prepared to provide services set forth in this Agreement at the time, date,and place, and in accordance with the terms set forth herein, City shall pay APG in the amount set forth herein. Page 440 Item#12. 2.2 The price of$1,950 per concert does not include any additional backline needs requested by the performers, or lighting equipment. These can be rented separately from APG. 3.0 COM Obligations: 3.1 Concert Details: COM agrees to provide: 1) Contact information with the booked performers and ample time to advance their audio needs 2)Power service of five 20amp circuits 3) 1 meal ticket for audio crew. 3.2 Performance Space: COM shall provide the performance space,which shall be an outdoor, open,public venue. APG shall be solely responsible for any and all measures necessary to protect equipment and persons from damage due to weather and other conditions that do or may exist. 4.0 APG Obligations: 4.1 Equipment: APG agrees to provide: 1)PA system and Digital Mixer for suitable audio coverage for the venue 2)Microphones, Stands and up to 6 Stage Monitors for Musicians 3) One wireless microphone for the event MC. 4.2 Technician Labor: APG agrees to provide qualified audio technicians to set-up, operate, and tear down equipment for each concert. 5.0 Attorney Fees/Governing Law: In any action at law or equity arising out of the contract,the prevailing party shall be entitled to an award of its reasonable attorney fees and costs. COM's contract shall be construed and interpreted pursuant to the laws of the state of Idaho. City of Meridian Amplified Production Group Authorized by: Robert E.Simison, Mayor Authorized by: Robert E.Simison Marc T. Wollam Printed name: Title: Mayor Date: 6-8-2021 Title: Date: 2 Page 441 E IDIAN;--- AGENDA ITEM ITEM TOPIC: ITEMS MOVED FROM THE CONSENT AGENDA (Action Item) Page 4 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Services Agreements Between the City of Meridian and High Street Entertainment, LLC and Kings of Swing Page 442 Item#13. PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 8th day of June , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Steve Goff, on behalf of High Street Entertainment, LLC, a limited liability company organized under the laws of the State of Idaho, whose address is 2812 Greenvale Place,Nampa, Idaho ("Promoter"). WHEREAS,the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of High Street, a seventeen-piece band specializing in the performance of swing and big band music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. High Street shall perform for the public approximately fifteen (15) songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, September 11, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen-minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on September 11, 2021, and High Street may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of four thousand dollars ($4,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of High Street for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of High Street shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 1 of 5 page 443 Item#13. B. Cancellation. City may, in City's sole discretion, cancel the Event and/or High Street's performance, for any reason, including, but not limited to, upon the order or advice of a governmental agency related to COVID-19 or other public health hazard. If City cancels the Event and/or High Street's performance: 1. On or prior to 5:00 p.m. on September 4, 2021: This Agreement shall be void, and neither Promoter nor High Street shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on September 4, 2021, and 1:00 p.m. on September 11, 2021: So long as High Street is present and prepared to provide services set forth in this Agreement at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the Event, or any component thereof, is cancelled due to unforeseen events not caused by Promoter, High Street, or the members thereof. C. Method of payment. Following the September 11, 2021 performance, Promoter shall provide City with an invoice for the amount of four thousand dollars ($4,000.00) for services provided, which City shall pay within thirty(30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open,public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and High Street members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of High Street shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. High Street's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and High Street shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or High Street shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent(20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and High Street shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT—HIGH STREET,CONCERTS ON BROADWAY PAGE 2 of 5 page 444 Item#13. IV.TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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 party so failing to perform. B. Promotion of Event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks &Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication,broadcast or dissemination. The band shall be listed as "High Street" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of High Street under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including,but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or High Street, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of High Street acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of High Street shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of High Street is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 3 of 5 page 445 Item#13. interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of High Street and City or any official, agent, or employee of City. Promoter and High Street shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of High Street shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of High Street shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce,protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice.Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: High Street: City Clerk High Street Entertainment, LLC City of Meridian 2812 Greenvale Place 33 E. Broadway Avenue Nampa ID 83686 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—HIGH STREET,CONCERTS ON BROADWAY PAGE 4 of 5 page 446 Item#13. . Warranty of autbority. Tl u undcrsisgricd cxpi-e sly warrants that to the exbn t act f artft herein, he ' duly autho i2ed tQ azi a�; Ow rcprescntative and agent of High 5treeL and cmh and c%wy member thereof` 7-he uadersignad fu4cr warrants that he is authorized to hind High Stmci and its members to the obligations seat forrh hcruln, and to accept the liabilities as th,tAb[35hod hcrcin cm behalf of High Strcct and its naembers- R. City Co pacd approval requir J. Thu%-al i�i jy of thi s Agreement shal I be exprc ly r-mditioned upon, CEly ('OLMc11 action approving the Agreernant. F'-XL%1361Dn Of this Agreement by the pcncns referenced be[ow prior to such ratiflexion or apprerval shal[ n t be construed as prop f c,f validity in the alxcenee of Meridian City Co ancil approval- LN WITN LESS WM RF01Fi the parties hereto have t�xerxlc-d this Agreemenr on the 6ff&#i vc Date fiat written.above~ PROMOTM- wf r 1 e-C7[]M,iXKibu 1110 5 LFWL F.ntcnaini-acK LLB• c rry OF MF.RTF)T.-kN, BY- Attest: Robert E. SL1111S� 1i,M vur 6-8-2021 Chris John LK n, City Gerk 6-8-2021 FROFEsS£rDNAL Su'%M- Aj-.krrhir-4r— CA)M. .R'ix a YK BRO,►DWAY Y:Yi;L- 3 of 5 Page 447 Item#13. PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this 8th day of June , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho ("Promoter"). WHEREAS,the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHEREAS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kings of Swing, a seventeen-piece band specializing in the performance of swing and big band music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Tom Phelps and the Kings of Swing shall perform for the public approximately fifteen(15) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, August 28, 2021, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen- minute break during this time. In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on August 28, 2021, and Kings of Swing may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of two thousand dollars ($2,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kings of Swing shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 1 of 5 page 448 Item#13. B. Cancellation. City may, in City's sole discretion, cancel the Event and/or Kings of Swing's performance, for any reason, including,but not limited to, upon the order or advice of a governmental agency related to COVID-19 or other public health hazard. If City cancels the Event and/or Kings of Swing's performance: 1. On or prior to 5:00 p.m. on August 21, 2021: This Agreement shall be void, and neither Promoter nor Kings of Swing shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on August 21, 2021, and 1:00 p.m. on August 28, 2021: So long as Kings of Swing is present and prepared to provide services set forth in this Agreement at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the Event or any component thereof is cancelled due to unforeseen events not caused by Promoter, Kings of Swing, or the members thereof. C. Method of payment. Following the August 28, 2021 performance, Promoter shall provide City with an invoice for the amount of two thousand dollars ($2,000.00) for services provided,which City shall pay within thirty(30) days of receipt thereof. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III.VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open,public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kings of Swing members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Swing shall perform such material and in such a manner as shall be appropriate for all ages,values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent(20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and Kings of Swing shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING,CONCERTS ON BROADWAY PAGE 2 of 5 page 449 Item#13. IV.TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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 party so failing to perform. B. Promotion of Event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks &Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication,broadcast or dissemination. The band shall be listed as "Kings of Swing" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kings of Swing under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kings of Swing, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kings of Swing acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kings of Swing shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kings of Swing is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 3 of 5 page 450 Item#13. interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kings of Swing and City or any official, agent, or employee of City. Promoter and Kings of Swing shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws. I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice.Any and all notice required to be provided by either of the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Kings of Swing: City Clerk Tom Phelps City of Meridian 10790 W. Hickory Drive 33 E. Broadway Avenue Boise, Idaho 83713 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING,CONCERTS ON BROADWAY PAGE 4 of 5 page 451 Item#13. Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. The undersigned further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of Swing and its members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROMOTER: �-^ om Phelps, Director Kings of Swing CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 6-8-2021 Chris Johnson, City Clerk 6-8-2021 PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 5 of 5 Page 452 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Community Risk Reduction Presentation Page 453 Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Herb Griffin, Fire Department Meeting Date: June 8, 2021 Presenter: Herb Griffin Estimated Time: 30 minutes Topic: Community Risk Reduction Presentation Recommended Council Action: Mayor and City Council, Over the last year Herb Griffin from our Prevention Division has been working on a Community Risk Assessment for the fire department. As stated in the report- "Community Risk Reduction (CRR) provides a more focused approach to reducing specific risks. In addition, a comprehensive CRR program involving community partners, firefighters, and other staff, can result in an organizational culture that recognizes the importance of reducing risks within a community. It is important that fire service leaders, their firefighters and other staff begin to shift their thinking towards reducing and mitigating risks, as this will ultimately be expected by their communities and elected officials." This report will help in identifying the areas of the City and the fire department where improvement could be made to lessen the risk to our citizens. The report will provide information on community risk, distribution and concentration of resources, historical performance, growth management, and analysis reports. This is the first step in developing the Community Risk Reduction Plan. The plan takes the recommendations of the assessment and puts them into action. Herb and Chief Blume would like to give a quick presentation on this important step in our safety program for the city. Background: [Provide context and reasoning for the recommendation] Page 454 F v } R x Community Ri -Assessment Report 1F D � IDIAN�- A F-I EST 1908 Community Risk Assessment Purpose A data and information driven method for identifying the areas of the City and the Fire Department where improvements could be made to lessen the risks to our citizens. "The fire service exists not only to respond to emergency incidents, but also to proactively prevent or mitigate the impact of such incidents within their communities." — Vision zo/zo group www.strategicfire.org C�WEPIDIAM,, IDAHO / Community Risk Assessment Goal of this document To be the foundation of work for the development of a comprehensive Risk Assessment Plan that will be developed along with the Fire Department and City strategic plans, and the so year Capital Improvement Plan (CIP). C��fEPIDIAN*,, IDAHO / Community Risk Assessment Breakdown - r V Community information Meridian Fire Department Target Hazards Natural Hazards : x Technological/Human Hazards Security Hazards WERIDIAM,, IDAHO Conclusions and recommendations Community Risk Assessment Community Information includes : Geography and climate Municipal organization — including services provided, city history Demographic profile Housing profile and zoning C�WE VIIAN*,,DAHO / Community Risk Assessment Fire Department information includes History Resources and service areas 1 Services provided Customer expectations ID��E IZ IAN*,-- IDAHO / Budget and service demand Community Risk Assessment Specific FD information Incident types Operational statistics Fire incidents and causes Emergency medical service incidents C��fE VIIAN*,,DAHO / Community Risk Assessment Target Hazards already identified Smoke alarm program Older Adult safety Building inspection program School safety program (ISCRS) 0�4EP,IDIAN*,, IDAHO / Community Risk Assessment Natural Hazards already identified Earthquakes Severe Weather Wildland fires Flooding C�i�EPIDIAN*, IDAHO Community Risk Assessment Technological/Human hazards already identified Hazardous materials Utility failure Transportation (air, railroad, highway) CE IDIZ IDAHO / Community Risk Assessment Security hazards already identified Civil disorder Terrorism C��fEP,IDIAN*, IDAHO / Community Risk Assessment Conclusions and recommendations r y e 1 s E IDIAN�-- " IDAHO Recommendations Hire a Community Risk Coordinator Hire more public education personnel Hire more prevention and administrative personnel Purchase an Alternative Response Vehicle Costs There are several items that will have a cost associated with them . These include: Community Risk Coordinator Additional staffing (outside of response personnel) Alternative Response Vehicle Funding sources should include: Partners in the community G ra nts Council approving funding increases and one time purchases What's Next? The Risk Assessment Document will need to be written (Community Risk Coordinator) We have begun gathering the data for the document MFD will look to hire a consultant to come in to help finalize the plan and look for ways to fund the needs of the document MFD will continuously look for new ways to keep our community safe. Community Risk Assessment Questions �E IDIZ IDAHO / L #14. COMMUNITY RISK ASSESSMENT 2021 Table of Contents Message from the Fire Chief....................................................................................iii Executive Summary...................................................................................................iii Tableof Figures..........................................................................................................v Community Information...........................................................................................1 ➢ Geography........................................................................................................................................ 1 ➢ Municipal Organization.................................................................................................................. 2 ➢ City Services..................................................................................................................................... 3 ➢ City History....................................................................................................................................... 4 ➢ Climate..............................................................................................................................................5 ➢ Demographic Profile........................................................................................................................6 ➢ Social Characteristics.......................................................................................................................8 ➢ Economic Characteristics................................................................................................................8 ➢ Housing Profile.................................................................................................................................8 Meridian Fire Department.......................................................................................10 ➢ Mission Statement, Vision Statement, Guiding Principles........................................................10 ➢ Meridian Fire Department History................................................................................................11 ➢ Resources and Service Area............................................................................................................12 ➢ Meridian Fire Department Services Provided..............................................................................13 o Customer Expectations.....................................................................................................14 ➢ Current Budget.................................................................................................................................16 ➢ Service Demand............................................................................................................................... 17 ➢ Incident Types.................................................................................................................................. 18 oFire Incidents......................................................................................................................21 oFire Causes..........................................................................................................................22 ■ Fire Risk Assessment...........................................................................................23 o Emergency Medical Services Incidents.......................................................................... 24 oCommunity CPR.................................................................................................................27 ■ Emergency Medical Services Risk Assessment............................................... 28 oLift Assist Incidents............................................................................................................28 it CM�'- F-P,ID Page 471 L #14. COMMUNITY RISK ASSESSMENT 2021 TargetHazards...........................................................................................................29 ➢ Smoke Alarm Program....................................................................................................................29 ➢ Older Adult Safety............................................................................................................................29 ➢ Building Inspection Program..........................................................................................................30 ➢ Schools.............................................................................................................................................. 31 NaturalHazards......................................................................................................... 32 ➢ Earthquakes......................................................................................................................................32 ➢ Severe Weather...............................................................................................................................32 ➢ Wildland Fires...................................................................................................................................34 ➢ Flooding.............................................................................................................................................34 Technological/Human Hazards................................................................................35 HazardousMaterials........................................................................................................................35 UtilityFailure....................................................................................................................................35 Transportation Hazards............................................................................................36 ➢ Air.......................................................................................................................................................36 ➢ Railroad.............................................................................................................................................36 ➢ Highway.............................................................................................................................................37 SecurityHazards........................................................................................................37 ➢ Civil Disorder.....................................................................................................................................37 ➢ Terrorism (Critical Infrastructure Systems)..................................................................................37 Conclusions and Recommendations.......................................................................38 References..................................................................................................................42 (DMS ID Page 472 L #14. COMMUNITY RISK ASSESSMENT 2021 Message from the Fire Chief Hazards and risk cannot be eliminated; therefore, a community risk assessment is vital to help the Meridian Fire Department operate as safely and efficiently as possible. A community risk assessment aids in our strategic planning process, as well as evaluates operational needs, and helps determine and justify financial needs. As the second largest city in the State of Idaho, it is critical to maintaining a proactive and engaged approach to risk reduction. This begins with the approval of this document; the Community Risk Assessment 2021. It is an honor and privilege to present this document to you on behalf of the excellent work of the Meridian Fire Department's Prevention Division. Kris Blume l Fire Chief Executive Summary Community Risk Assessment (CRA) Why the assessment?According to the Vison 20/20 group (www.strategicfire.org): "Community Risk Reduction is not a new concept for the fire service. Fire departments have been actively involved in fire prevention for many years through public education, building inspections and other activities. Although there is no specific blueprint for developing CRR plans in U.S.fire departments,there are some common and essential steps. Essentially,the fire service exists not only to respond to emergency incidents, but also to proactively prevent or mitigate the impact of such incidents within their communities. CRR provides a more focused approach to reducing specific risks. In addition, a comprehensive CRR program involving community partners, firefighters, and other staff, can result in an organizational culture that recognizes the importance of reducing risks within a community. It is important that fire service leaders, their firefighters and other staff begin to shift their thinking towards reducing and mitigating risks, as this will ultimately be expected by their communities and elected officials." The process for this report was a data and information driven method for identifying the areas of the City and the fire department where improvements could be made to lessen the risks to our citizens.The following report will begin with a description of the community served and the services provided by the Meridian Fire Department.The report will provide information on community risk, distribution and concentration of resources, historical performance, growth management, and analysis reports. iii �SP,IDI Page 473 L #14. COMMUNITY RISK ASSESSMENT 2021 The CRA identified risk levels and target hazards to analyze and categorize the risk present in our fire district. Included in the report is ideal station response locations, apparatus and staffing, current performance capabilities and service delivery. Some of the findings included: • The construction of additional fire stations, and possible relocation of current stations,to improve coverage in the growing areas of the city. • Maintaining appropriate staffing levels to ensure resources match growth and service demands. • Maintaining and improving mutual aid agreements with neighboring cities and fire districts. • Improved department training. • Continued and improved area-wide (multi-jurisdictional)training. • Involving front line staffing(Firefighters) more in Community Risk Reduction (CRR). Provide training, and encourage suppression personnel to embrace CRR as an important and vital part of their jobs. • Reducing some types of calls to reduce the number of unnecessary responses (ie: false calls, good intent calls, service calls). • Providing additional Fire Inspectors to augment the current staffing to meet desired business inspection benchmarks. • Continue to provide training in advanced fire investigation best practices for all Investigators, and supplement investigation training for suppression officers. • Working with the Ada County Medical Director, and under the Ada County City Emergency Services System (ACCESS), together with Central District Health (CDH) and local hospitals,the MFD can assist with determining methods to provide effective and efficient methods to help the community deal with healthcare issues. • Increasing public education programs,funding, and staffing. • Increase programs and classes directed at Senior Citizens. • Replace the current Fire Safety Center with a mobile Fire Safety Trailer. • Establish a Community Risk Coordinator to manage department wide community risk activities and planning. This document is just the first step of many into Community Risk Reduction.The next step is the writing and subsequent adoption of the actual plan which would take our assessment and make it a living document. Sincerely, Joseph Bongiorno Deputy Chief of Prevention—Fire Marshal iv (DUS ID Page 474 L #14. COMMUNITY RISK ASSESSMENT 2021 Table of Figures Figure 1: Meridian's location in the United States........................................................................1 Figure 2: Meridian's Location in Idaho, and in Ada County.........................................................2 Figure 3: Population Census Data...................................................................................................2 Figure 4: Meridian Temperatures...................................................................................................5 Figure 5: Meridian Precipitation......................................................................................................6 Figure 6: Meridian Population Data................................................................................................7 Figure7: Meridian Zoning.................................................................................................................9 Figure 8: Map of City with Fire Stations..........................................................................................12 Figure 9: Percentage of Importance/Expectations per Citizen's.................................................14 Figure 10: Meridian Fire Department Budget..................................................................................16 Figure 11: Total Incidents 2020..........................................................................................................17 Figure 12: 15 Year Incident Comparison...........................................................................................17 Figure 13: Incident Types by Year 2016-2020..................................................................................18 Figure 14: Good Intent and False Calls 2020....................................................................................19 Figure 15: Types of Incidents 2020....................................................................................................20 Figure 16: Fire Incidents Types...........................................................................................................21 Figure 17: Ten Most Common Patient Encounters 2018-2020.................................................24 Figure 18: Pie Chart of 10 Most Common EMS Responses 2018-2020....................................... 25 Figure 19: Percentage of Responses in Category for Patients aged 65 and Older......................26 Figure 20: Number of Invalid Assist Responses per Year 2016-2020...........................................28 Figure 21: Total Inspections 2017-2020...........................................................................................30 Figure 22: Location of Schools within Meridian..............................................................................31 v � �S ID Page 475 L #14. COMMUNITY RISK ASSESSMENT 2021 Results of a Community Risk Assessment of Meridian, Idaho Utilizing information from multiple sources, the City of Meridian Fire Department (MFD) conducted a Community Risk Assessment using a systematic approach to the process. Ultimately,the results of this assessment will be utilized to create a complete Community Risk Reduction (CRR) plan that will include strategies and tactics to mitigate risks to the community. Two primary categories were examined: service demand and community risks. Service demand consisted of a retrospective analysis of five years of fire department incident data from 2016 through 2020. Data was acquired from the department's records management system (RMS) and computer- aided dispatch (CAD) records from the communications center. As with all other communities, the City of Meridian has potential risks. Such risks can be human-caused (e.g., preventable injuries,fires) or naturally occurring(e.g.,frequently occurring severe weather; earthquakes, hurricanes). During this process the MFD identified and prioritized potential and likely risks. Community Information Geography Meridian is a city located in Ada County in the U.S. state of Idaho. Meridian is located at: 43°36'51"N 116°23'56"W (43.614229, -116.398963) According to the United States Census Bureau,the city has a total area of 26.84 square miles (69.52 km 2 ), of which, 26.79 square miles (69.39 km 2) is land and 0.05 square miles (0.13 km 2) is water. a Meridian Location in the United States Coordinates: 43036'51'N 116-23'S6'W Figure 1—Meridian's location in the United States 1 Page �F? IDFA Page 476 L #14. COMMUNITY RISK ASSESSMENT 2021 Location of Meridian in Ada County, Idaho. Figure 2—Meridian's Location in Idaho, and in Ada County As of the 2010 census,the population of Meridian was 75,092 making it, at that time, the third largest city in Idaho after Boise and Nampa. A 2015 census estimate placed the population at approximately 92,147. With a 2018 Census estimate of 106,804 and a 1000% increase in population since 1990,the city is currently estimated as the second largest in the State of Idaho. Meridian is considered the state's fastest-growing city and among the fastest-growing cities in the United States. Meridian ID 2015 2016 2017 2018 Census Estimates 92,147 96,280 100,653 106,804 Figure 3- Population Census Data Municipal Organization The City of Meridian lies at the heart of Idaho's Treasure Valley. Meridian is a magnet for people looking for a family-oriented community in the Intermountain West. A long and vibrant heritage in agriculture has given way to homes and businesses that share a common goal - being part of a diverse and vibrant community that is a great place to work, live, and raise a family. Over the past 25 years,the City has grown substantially. So too has its responsibilities, service expectations, and staffing requirements. Today,the City of Meridian is a full service city that staffs more than 525 employees distributed between eleven departments, has an operating budget of more than $90M, and currently serves a population of more than 106,000 residents. 2 1 P a g e �F? IDFA Page 477 L #14. COMMUNITY RISK ASSESSMENT 2021 City Services Cities are unique organizations because of the diversity and complexity of their service offerings. Like all cities, Meridian provides many primary services directly to the community while forming partnerships with other governmental units to provide the remainder of services to its citizens. The City of Meridian currently provides the following services directly to the community: • Police • Fire and Medical Response • Land Use, Planning and Building • Parks and Recreation Services • Water a • Sewer • Economic Development EMU, • Administrative Services Meridian Welcome Sign •r MERIDIAN Meridian Water Tower 3 Page �F? IDFA Page 478 L #14. COMMUNITY RISK ASSESSMENT 2021 City History The town was established in 1891 on the Onweiler farm north of the present site and was called Hunter. Two years later an I.O.O.F. lodge was organized and called itself Meridian because it was located on the Boise meridian, and the town was renamed. The Settlers' Irrigation Ditch, 1892, changed the arid region into a productive farming community. Meridian was incorporated in 1903. According to the United States Census Bureau,the city of Meridian has a total area of 26.84 square miles (69.52 km2), of which, 26.79 square miles (69.39 km2) is land and 0.05 square miles (0.13 km2) is water. Additionally,the Rural Fire District is composed of an additional 32.16 square miles.This creates a total service area for the Meridian Fire Department of 59 square miles. Meridian is just west of the state capitol, Boise. It's intersected by Interstate Highway 84 that runs east/west through Meridian. The majority of Meridian lies on a flat plain, roughly in the north central part of the Treasure Valley. There is a low bench along the southeast edge of the city. Several irrigation canals,that generally run from the southeast to the northwest, cross the city. The Boise River runs north of the city. The Snake River runs far south of the city. Squaw Butte is visible to the north at 5,873 feet(1,790 m). Shafer Butte is visible to the north east at 7,572 feet (2,308 m). The Owyhee Mountains are visible to the far south. The majority of the city lies north of 1-84. Streets are given a north, south, east, or west prefix identifying the orientation of the street and where the street is in relation to the intersection of Franklin Road and Meridian Road. Roads with a north prefix are north of Franklin Road (which runs east and west). Roads with a west prefix are west of Meridian Road (which runs north and south). Many residents identify which section of the city they live in by the closest intersection of major roads that are generally laid out in square miles. From west to east,the major roads are Can-Ada, Star(this is four square miles on northwest corner of City between Chinden and Ustick), McDermott, Black Cat,Ten Mile, Linder, Meridian, Locust Grove, and Eagle. From north to south,the major roads are Chinden (Highway 20/26), McMillan, Ustick, Cherry(west of Meridian) or Fairview (east of Meridian), Franklin, Overland,Victory, Amity, and Lake Hazel.There is an approximate three square mile area south of Lake Hazel that extends just past Columbia on the southeast corner of the City between just west of Meridian Rd and extends to just east of Eagle Rd. 1-84 is between Franklin and Overland. Pine is another major road that runs east/west and lies between Cherry and Franklin. 4 � (DMS ID Page 479 L #14. COMMUNITY RISK ASSESSMENT 2021 A railroad line runs east/west and lies between Pine and Franklin. Most of the city's industrial areas are concentrated along this railroad line with some other industrial areas near the east side of the city southwest of the intersection of Fairview and Eagle. Union Pacific formerly owned the line, but Boise Valley Railroad now owns the line, running trains on weekdays from Boise to Nampa. Old-town Meridian centers on the intersection of Main Street and Pine Street. In the older section of the city,there are numbered streets up to 15th street to the west and up to 5th street to the east. Climate Meridian's climate is characterized as semi-arid with four distinct seasons. Meridian experiences hot and dry summers where temperatures can often exceed 100°F(38 °C), as well as cold winters with occasional light snowfall. Rainfall is usually infrequent and light, usually averaging less than an inch (25.4 mm) per month. December is the wettest month with an average of 1.55 inches (39 mm) of precipitation, and August is the driest month with 0.24 inches (6.1 mm). Spring and fall are generally temperate. Average Temperature Annual Average Temperature,#17 Meridian, 151.2 7 Idaho 6.3°F U.S. 54.5°F Monthly Average Temperature t 00 —Meridian,ID Mean Temperature 75 —Meridian,ID Mean Min.Temperatuit! — Meridian,ID Mean Max.Temperature V —Idaho Mean Temperature V w 50 —U_5.Mean Temperature R 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ranks:Average Max.Temperature:#20,Average Min.Temperature:#10 Figure 4—Meridian Temperatures 5 Page (_,> a r Page 480 Lltem#14. A COMMUNITY RISK ASSESSMENT 2021 Precipitation Average Annual Precipitation,#i226 Meridian,I❑-11-42 inches Idaho-16-91 inches U.S. 35-67 inches Total Monthly Precipitation Meridian,I❑ 3 —Idaho N —LJ.S.(Average of All Locations) u r u e 2 e E d 1 O _ Jan Feb Mar Apr May Jun Jul Aug Sep ' Figure 5 - Meridian Precipitation Scentsy World Headquarters—Meridian, ID Demographic Profile The City of Meridian has an estimated 2018 population of 106,804 (US Census Bureau), with a land area comprising just over 26.84 square miles. There are an approximate 3979 persons per square mile. According to the Community Planning Association of Southwest Idaho (COMPASS), in 2019 the population within the Rural Fire District was 7,350, and within City Limits was 114,680. The land area of the Rural Fire District combined with the City area totals 59 square miles. 6 1 P a g e �F? IDFA Page 481 Item#,4. COMMUNITY RISK ASSESSMENT 2021 4 Figure 6 lists the percentage of age distribution, gender and racial/ethnicity composition of the city. The population has increased by 38.8%since 2010. City of Meridian Demographic Profile Percent of Population Persons under 5 years 6.4% Persons under 18 years 31.7% Persons 65 years&over 9.6% Female persons 50.5% Caucasian only 89.1% Black or African American only 0.2% American Indian &Alaska Native only 0.3% Asian only 4.0% Pacific Islander only 0.4% Two or more races 4.1% Hispanic or Latino 7.8% Source: U.S. Census Bureau Figure 6- Meridian Population Data pu 12 8 4;3' 7�5 Meridian City Hall 7 Page �S ID Page 482 L #14. COMMUNITY RISK ASSESSMENT 2021 Social Characteristics For all persons age 25 or greater, 95.5% have a high school education or greater, and 35.2% have a Bachelor's degree or higher. There are 34,783 households averaging 2.78 persons per household. Economic Characteristics Median household income during the period 2014-2018 was$68,131. Per capita income during 2018 was$32,585. Approximately 8.8%of the population is considered below the poverty level. Median gross rent per month is$1045. Meridian is changing from a farming and dairy community to a modern urban community, and has a number of key businesses that are providing employment and helping to keep the economic drivers of the community strong. Scentsy, St. Luke's Medical Group, Blue Cross of Idaho,the West Ada School District, and the City of Meridian are the top employers in the city, providing jobs to many residents. Housing Profile There are 34,829 housing units, with a home ownership rate of 76.7%. Median value of owner-occupied homes is$242,000. With the rapid rush of population into Meridian, a 132% increase since 2000,there has been a dramatic increase in the number of single-family homes, and housing developments built since 2000. Recently,there has been an increased call for more multi-family housing. This has started to take place within the last two years and the department is not yet feeling the impact, as most of these large projects are just about to complete the construction phase and begin taking in residents. .,117 . r Ing L Meridian Housing-Single Family(Construction) Meridian Housing—Multi-Family(The Lofts) 8 1 P a g e �F? IDFA Page 483 .rem COMMUNITY RISK ASSESSMENT 2021 Figure 7 shows the zoning in the City of Meridian. Multi-family apartment complexes as well as convalescent homes are shown in relation to commercial, industrial, high-density residential and standard residential areas.The core of the city houses the majority of both industrial and commercial areas, while the outer areas of the city are primarily standard residential areas. �i�E IDIZ IAN�- #` J6 .. r 4 0.75 is 3 Mues Zoning ■ r Comr»excYa! Apartrnen[ lNJ,� _ Indu5tnal . Convakscent Homes VY+ / F _ Residential(HO) 5 i_ Residential Figure 7 — Meridian Zoning 9 Page �F? IDFA Page 484 L #14. COMMUNITY RISK ASSESSMENT 2021 Meridian Fire Department Mission Statement Vision Statement To protect and enhance our A premier organization recognized for providing a community through professionalism safe community through professionalism, and compassion. innovative actions, and community involvement MFD Guiding Principles - Compassion -We will provide friendly and compassionate service to each other and the public we serve. ' Professionalism -We will dedicate ourselves to be an educated workforce striving to meet the community's and our employees' 9 changing needs. �LOYALly Honesty-We will conduct ourselves in an honest manner and be transparent in our interactions. Ownership-Ownership of our department will be expressed through tradition, loyalty, and dedication. Trust-We will earn and maintain trust through integrity, our actions, and holding to - commitments. 1 e Truck 31 at Fire Station #1 10 Page �F? IDFA Page 485 L #14. COMMUNITY RISK ASSESSMENT 2021 Meridian Fire Department History In early 1908, the City of Meridian formed their first Fire Department when a group of volunteers successfully tested a newly purchased Champion double cylinder chemical fire extinguisher. With LeRoy Adams as the first Fire Chief, the department started out fairly small, serving only 600 residents at the time. Jacob Eames, a local blacksmith followed Chief Adams as the second Meridian Fire Chief and in approximately 1924 Amos Whitely, another local blacksmith and skilled mechanic took the job. As the City and Department continued to grow, Roger Welker took over the Fire Chief position in 1945. Chief Welker remained Chief until 1983, dedicating 38 years to our Department. In the early 1950's the Meridian Rural Fire Protection District formed a partnership with the City of Meridian to better protect and serve the citizens of Meridian and the citizens in the surrounding rural area.The Rural Fire District is composed of 32.16 square miles with many pockets within the City. A percentage of the Meridian Fire Department budget is funded by this partnership. This joint venture is proved very beneficial to the City and the Rural Fire District and continues today. The Rural District employs three District Commissioners. In late 1983, Kenny Bowers became Meridian Fire's fifth Fire Chief. Chief Bowers served in this capacity part-time until 1992 when he moved into the position full-time. Chief Anderson accepted the position of Fire Chief for the City of Meridian in April of 2005, retiring in April of 2010. The Department's current Chief, Mark Niemeyer, was then promoted to Fire Chief. Today the department runs on a $12 million dollar budget. There are six fire stations, a training tower and a Fire Safety Center within the District. The Department currently employs 91 employees. Meridian Fire currently responds to over 7,700 calls per year. �r16� ,J, 1943 GMC Fire Parade Truck 11 Page �F? IDFA Page 486 L #14. COMMUNITY RISK ASSESSMENT 2021 Meridian Fire Department Resources & Service Areas MFD operates five Type 1 engines and a 100-foot ladder truck out of six strategically located fire stations (Stations 31-36)within the city. Each apparatus is fully staffed 24 hours per day, seven days per week. The complement of Meridian Fire Department fire apparatus include five front-line fire engines, one ladder truck, one command vehicle, one water tender,two wildland fire brush engines and three reserve fire engines. The majority of locations within the city can be reached within 4 minutes of each fire station. E IDIZ IAN�- Chinden 0 Station 5 y 0 a r'� a � McMillan � U J — N J Station 3 Ustick C Station 2 C G1 J y 2 Cherry Fairview o m E o Pine Q m station 1 Franklin .s 0 R - Overland 0 Overland l Station 6 Station 4� m Victory _ c m m` W Amity Amity Lake Hazel Meridian Fire Districts Columbia a 0.75 1 s 3 Miles W+E Figure 8- Map of City with Fire Stations 12 Page �F? IDFA Page 487 L #14. COMMUNITY RISK ASSESSMENT 2021 Meridian Fire Department Services Provided The Operations Division of the Meridian Fire Department is responsible for the delivery of day-to-day emergency and non-emergency services to the citizens we serve. These services are provided by fire department personnel responding from six, strategically located fire stations in the City of Meridian. The Operations Division is comprised of all emergency response personnel,the Training Division, Logistics division and the Emergency Medical Services (EMS) Division. The MFD provides the following services: • Fire suppression • Emergency medical services (EMS)—advanced life support (ALS)first response • Public education—fire and life safety • School safety • Youth fire setting prevention and intervention program • Car seat inspections • Fire inspections • Annual citizens academy i Public Safety Academy 2019 13 Page �F? IDFA Page 488 L #14. COMMUNITY RISK ASSESSMENT 2021 Customer Expectations In order to dedicate time, energy, and resources on services most desired by its customers,the Department needs to understand what their customers consider priorities. With this knowledge, internal emphasis may need to be changed or bolstered to fulfill customer needs. While conducting preparation for the Meridian Fire Departments Strategic Plan in 2016, the department surveyed the citizens of Meridian through a Citizens Advisory Group.The results of that survey helped to educate the department on what services the citizens of Meridian thought were important. Figure 9 shows the services and the percentage of importance placed on each service by the public. 0 10 20 30 40 50 60 70 80 90 100 Fire Suppression EMS-ALS First Response Fire Inspections School Safety Public Education Car Seat Inspections Juvenile Fire Setter Program Technical Rescue Annual Citizens Academy — Figure 9—Percentage of Importance/Expectations per Citizen's 14 Page �F? IDFA Page 489 L #14. COMMUNITY RISK ASSESSMENT 2021 The citizen stakeholder group also identified the following expectations. • Fire prevention—code enforcement, smoke alarms, education, inspections. • Annual fire department inspection - provide citizens, businesses, and schools with expert advice and inspections to prevent fires. • Public education. • Participate in fire drills—schools. • Public should be educated as much as possible, depending on funds available. • Fire suppression - respond quickly to fire situations&chemical spills • EMS—medical first response; respond quickly to medical situations. • Better medical training, as first responders • Location of station's to improve response times. • Training- required equipment, knowledge of area and facilities. • Training/top equipment- response, community involvement. • Friendly, on time,trained. • Adequate funding—per population, per firefighter. • Transparency—what are costs? till t Ilk ,r f r � - Structure Fire Training Fire Overhaul and Investigation 15 Page �F? IDFA Page 490 Item#,4. COMMUNITY RISK ASSESSMENT 2021 Ao s,Q�B Current Budget The Meridian Fire Department has an Operating Budget of$15,685,387. Figure 10 shows the breakdown of costs for the 2020 Operating Budget. Fiscal Year 2020 Budget, $15.p685,387 9 Perriorrnel rm Operating General Fund Capital Outlay Impact Fee Capital Outlay Figure 10— Meridian Fire Department Budget 16 1 Page �F? IDFA Page 491 L #14. COMMUNITY RISK ASSESSMENT 2021 Service Demand In 2020,the Meridian Fire Department responded to 7,895 calls for service. This constituted an 2% increase over the call volume in of 2019. 59%of the calls were for emergency medical incidents including vehicle collisions. The remaining 41%of the calls comprised of calls to fires, fire alarms, services calls, gas leaks and other emergencies. ,7895 -"IV ,1. 00 TOTAL CALLS 1% Increase , 25 00 Total Apparatus Responses Ad i Average Emergency Response ime Figure 11—Total Incidents 2020 During the 60-month period of Incidents Per Year Comparison-15 Yrs January 1, 2016 through 90M December 31, 2020,the soap Meridian Fire Department was loon dispatched to 35,636 6" incidents—or an average of 50W 7127 calls annually. ON 3DW 2000 IBM Figure 12—15 Year Incident Comparison 17 Page �F? IDFA Page 492 L #14. COMMUNITY RISK ASSESSMENT 2021 Incident Types Call (incident)types were based on the National Fire Incident Reporting System (NFIRS) standard definitions, as developed through the U.S. Fire Administration, National Fire Data Center. "Incident Type" is defined as the situation found by emergency personnel on arrival at the scene, and includes the full spectrum of fire department activities from fires to EMS to public service. NFIRS incident types are organized into nine series. Within each of these are additional codes that define the incident more specifically. NFIRS Incident Type 2016 2017 2018 2019 2020 TOTALS 300- EMS(Including Vehicle Accidents) 3767 4103 4123 4581 4706 21280 Other(200,400,600,800,900) 832 1096 1161 1436 1564 6089 500—Service Calls 820 831 963 992 891 4497 700—False Alarms/False Calls 357 530 456 569 570 2482 100- Fires 499 279 170 176 164 1288 Annual Totals 6275 6839 6873 7754 7895 35636 Figure 13- Incident Types by Year 2016-2020 According to the data from 2016-2020, of the 35,636 incidents responded to,the most prominent types of calls are EMS 59.6%; other calls (emergency and non-emergency) 19.8%; service calls 11%; false alarms 7%; and all fires 2% 18 (DMS ID Page 493 L #14. COMMUNITY RISK ASSESSMENT 2021 Other calls include dispatched and cancelled enroute, hazardous materials, good intent calls where there was no emergency on arrival, and any special type of incident that does not fall under another category. Good Intent incidents reside in Series 600 in NFIRS. For this report,they were classified in the "Other" section in Figure 13. This grouping represents the second-highest number of responses over the 5-year period 2016-2020, representing 15%of the total incident volume. Service calls are usually non-emergency calls to assist a community member. These include servicing of smoke alarms by changing batteries and lift assists which will be addressed later in this report. False alarms are responses where there has been some type of alarm that has either malfunctioned, or been deliberately, or accidently, activated with no true emergency. False Alarm incidents reside in Series 700 in NFIRS. While this grouping only represented 7% of total incidents from 2016-2020, it should be noted that each of these responses began as a possible structure fire response, and required the dispatching and response of multiple units. Figure 14 shows the number of incidents in these classifications in 2020, and the percentage of responses within the classification numbers. Type of Incident 2020 Percentage of Total Responses Within That Series Dispatched and Cancelled 1079 64% Enroute (Series 600) No Incident Found at Dispatch 65 4.7% Address (Series 600 ) False Alarm 209 36.6% UnintentionaI(Series 700) False Alarms Due to 160 28% Malfunction (Series 700) Figure 14—Good Intent and False Calls 2020 Of these calls in 2020, 1079 of the Good Intent incidents were dispatched and canceled enroute. An additional 65 responses were categorized as No Incident Found at Dispatch Address. Combined,these two codes accounted for 69%of all of the "Other"type incidents. As for False Alarms, 160 incidents, (22%of all False Alarms/Calls), were classified as being attributed to some type of malfunction. In addition, 209 incidents, (27.6%of all False Alarms/Calls), were classified as unintentional with no fire present. These combined to account for 64.7%of the total False Alarm/Calls in 2020. 19 � ^ � Q (DMS ID Page 494 L #14. COMMUNITY RISK ASSESSMENT 2021 Additional analysis of MFD's incidents showed no significant statistical differences in call volumes when considering day-of-week or month-of-year. The conclusion drawn is that the department's call volume by incident type remains consistent throughout the year. The frequency of incidents, by hour-of-the- day, is analyzed for the purpose of predictability. The busiest periods for MFD is between the hours of 0800 (8:00 am) and 2100 (9:00 pm) daily. These times are consistent among all incident types. The primary incident-types are listed in Figure 15,with the total volume of each for 2020. 2020 Types ot Incidents d V. •_­%n* 67 POW VIM �i M46 . }I.f ML 401nWWPcj moo+• WWE*Ex 5 two mwfty OPECEMrM WdM&M PWMK WA todw+4P w�.M W L vbdruK*k4 rLEEM 47% 6mvibn Figure 15- Types of Incidents 2020 20 Page �F? IDFA Page 495 L #14. COMMUNITY RISK ASSESSMENT 2021 Fire Incidents An analysis of fire incidents categorized within the NFIRS 100 series was conducted to determine a more detailed insight. Figure 16 lists four of the more frequent fire-related incidents, by year, during 2016- 2020. As shown, building fires, brush fires, and passenger vehicle fires were the three most common. *Note:The numbers for all types of fires in Figure 15 and Figure 16 do not correlate because Figure 15 is based on overall typing,while Figure 16 is more specific as to what was found on arrival to be burning. The total number of fires involving structures from 2016-2020 was 968. The total number of fires involving vegetation was 658, and the number of total fires involving vehicles of all types was 238. Four Frequent Fire-Related Incidents by Year NFIRS Incident Type 2016 2017 2018 2019 2020 TOTALS 111—Building fires 50 E]E][49 ][Z 256 113—Cooking fires(no extension) 14 r 15 20 f9 77 142—Brush or brush-and-grass mixture fires 45 EE[26 f8 140 131—Passenger vehicle fires 26 El El F JT] 142 Annual Totals: [135][138 E[i22][106 615 Figure 16—Fire Incidents Types The lower numbers in building fires and especially cooking fires can be attributed to aggressive fire inspections, public education programs, as well as newer construction guidelines. The decreasing number of brush fires is likely due to the expanse of housing tracts into areas where there was once agriculture. As the City continues to expand,the wildland interface area shrinks. However,there are still areas around the Fire District, especially in the northeast corner,western and southern edges, which have an urban interface threat. There are also multiple pockets of open land scattered within the City itself, which could pose a risk to residences. 21 (DMP_ ID Page 496 L #14. COMMUNITY RISK ASSESSMENT 2021 Fire Causes After reviewing fire investigation reports from 2016-2020,the types of fire causes experienced by the Meridian Fire Department shows that although many investigations were unable to specifically determine the cause of the fire, there were a significant number of identifiable causes for those incidents where an investigator was requested to help the suppression crews. Failure of some type in an electrical system was a cause determination that occurred often and consistently. Mechanical failure of machinery and devices, battery charging overloads, and faulty wiring all contributed in this area. Some of these causes can be attributed to construction or manufacturing defects,the others are directly related to human error and neglect. Combustibles too close to a heat source was another area where there were multiple and recurring determinations. This included construction defects where structural members were in direct contact with heat sources and heating elements were used in proximity to combustibles.Again, human error and neglect contributed to many of these types of fire causes. The next series of fire causes were human related causes. This series included improperly discarded smoking materials,fireworks, unattended cooking and or candles, arson, and controlled burns that were unattended or not fully extinguished. All of these items can and should be addressed as educational issues to help reduce their numbers in the future. There were additional specific determinations that either were single reference incidents or occurred only a couple of times in the five years'worth of reports that were reviewed. The ability to determine fire causes is critical to ensure that construction methods, manufacturing methods, and public education efforts are all focused on reducing the possibility of fire ignition. The Fire Prevention Division of the Meridian Fire Department continually furthers their training and education to stay on the forefront of knowledge to help businesses and homeowners remain safe in their buildings. This includes the fire inspectors, investigators, and public educators. Fire suppression crews are trained in basic investigation methods so that they can assist with helping to determine fire cause without having to call in an investigator. This allows them to identify and protect areas of origin until an investigator arrives, and provide reliable witness as to what was found upon arrival to the fire scene. Additionally, suppression crews are trained in public education as they are in direct contact with the community on a daily basis. The community recognizes them as the experts on all things related to fire safety, so maintaining and keeping up with current safety practices allows them to disseminate information to the public with every interaction. 22 (DUS ID Page 497 L #14. COMMUNITY RISK ASSESSMENT 2021 Fire Risk Assessment In general, fire hazards are related to the characteristic type and layout of a city's development. The majority of Meridian is devoted to residential or low-rise commercial development that is composed predominantly of wood-frame construction. Data indicates that of fires involving structures, over 80 percent occur in residential and small commercial buildings. There are over 50 high occupancy buildings and/or buildings housing immobile populations,which require special logistical demands. A large area on the southern and western portions of Meridian are considered a wildland-urban interface wherein wildfires could potentially affect a portion of the Meridian community. The fire risk analysis takes into account fire potential (probability), life hazards and economic impact (consequences), occupancy use, construction features,fire protection systems,fire flow requirements, and community risk factors. Based upon this analysis of existing and potential community risk, in addition to the probability and consequences of these events,the following hazard levels have been established: • Low Risk: Small structures that are remote from other buildings are considered low hazard occupancies. Examples include detached garages and sheds. Also included in this category are vehicle fires, rubbish fires, and small vegetation fires. • Moderate Risk: Moderate hazard areas are also known as typical hazards. Most of Meridian falls into this category. Single-family dwellings, multifamily dwellings, and small or medium apartments/condominiums (<_39 units) and small commercial occupancies (5 10,000 square feet) are example of moderate risk structures. • High Risk: These properties are typically substantial structures that in an emergency may bear the risk of large loss of life, loss of economic values to the community, or large property loss. Low and midrise hotels, schools, large shopping centers, large apartment or condominium complexes (40+ units), large commercial buildings (>10,000 square feet), senior citizen housing, and skilled nursing facilities are examples of high-risk occupancies. • Special Risk: St. Luke's Hospital is classified as special risk. Special Risk is an exceptional classification that addresses critical tasking for a unique incident type. These unique incident types, although low in probability, may threaten a significant number of lives, may result in excessive economic loss, and/or may cause severe long-term damage to the environment. 23 (DUS ID Page 498 L #14. COMMUNITY RISK ASSESSMENT 2021 Emergency Medical Services Incidents The Meridian Fire Department switched over to a new EMS records management system in 2018 (ESO). Incident records indicated that from 2018 through 2020,there were 31,530 primary impressions noted with patient encounters. The NFIRS categories give a very broad description of most EMS incidents but are inadequate in describing more specific details of illnesses and injuries. For example,the majority of EMS incidents were categorized as 32—EMS incident(includes patient refusals). In order to get a more complete perspective of EMS, it was necessary to examine patient records in detail. This was done by evaluating the primary impressions and causes of each case. Figure 17 shows the ten most common EMS patient encounters from 2018 through 2020 and the percentage of overall EMS calls they represent. While the data shows that Traumatic Injuries Type of Patient Total Number Percentage of are the most common patient encounter, it Encounter of Primary total Primary does not break down the causes, or the ages Impressions Impressions of victims. While vehicle accidents make up a Traumatic Injury 7238 22.9% large number of these incidents,falls also General Weakness 2371 7.5% contribute in high numbers to this type of incident, especially within the older Chest 1486 4.7% demographic (age 65+). The next three Pain/Discomfort patient encounters, General Weakness, Altered Mental 1457 4.6% Altered LOC, and Chest Pain/Discomfort, all Status have a higher propensity to be in the 65+age Syncope/Fainting 1380 4.3% group. Seizures 1348 4.2% Figure 18 shows a pie chart of the percentage of responses for the ten most frequent Acute Respiratory 1304 4.1% Distress (Dyspnea) primary impressions as compared to each Pain (non- 1152 3.6% other.These ten most common patient traumatic) encounters represent 67%of all EMS patient Abdominal Pain 1218 3.8% encounters for the Meridian Fire Department. Mental Disorder 1152 3.6% Figure 17—Ten Most Common Patient Encounters 2018-2020 24 (DUS ID Page 499 .rem COMMUNITY RISK ASSESSMENT 2021 2018-2020 Most Common EMS Responses Abdominal Pain 6% Mental disorder 6% Acute Respiratory Distress(Dyspnea) 6% Injury 36% Seizures 7% Syncope/Fainting 7% Pain(Non-Traumatic) ' 6% Chest Pain/Discomfort Generalized Weakness 70 0 12% Altered Mental Status 7% ■ Injury ■Generalized Weakness ■Altered Mental Status ■Chest Pain/Discomfort ■ Pain(Non-Traumatic) ■Syncope/Fainting ■Seizures ■Acute Respiratory Distress(Dyspnea) ■ Mental disorder ■Abdominal Pain Figure 18—Pie Chart of 10 Most Common EMS Patient Encounters 2018-2020 25 Page �F? IDFA Page 500 L #14. COMMUNITY RISK ASSESSMENT 2021 Additional study into the EMS records shows that those persons age 65 and greater represented 38%of the total patients. Since this group only represents 10%of the total population,their impact on the EMS system is staggering. Figure 19 shows the five largest breakdown by outcome for patients over 65 years, and the percentage of each type of responses they account for: Percent of Total Responses in Category 80 75.5 74 70 64 62.4 60 54.5 50 40 30 20 10 0 Stroke General Weakness Altered Mental Status Acute Respiratory Chest Pain Distress ■ Percent of Total Responses in Category Figure 19—Percentage of Responses in Category for Patients Aged 65 and Older Within this age group,females represent 58%of the patients encountered,while males represent the remaining 42%of the patients encountered. Overall,female patients over age 65 account for 22%of the total patient contacts and males over age 65 account for 16%of the total patients encountered. The Meridian Fire Department does not transport patients but does provide Advanced Life Support until the transporting agency arrives. As first responders,the MFD plays a valuable role in the community by contributing to the patient's outcome by means of early intervention. 26 1 Page �F? IDFA Page 501 L #14. COMMUNITY RISK ASSESSMENT 2021 Community CPR (Cardiopulmonary Resuscitation) The Ada County City Emergency Services System (ACCESS) went through a system wide RFP to standardize Cardiac Monitors in the county. Through this process and the standardization, they now have the ability to have instantaneous CPR feedback. All fire crews, on all cardiac arrests,will have the ability to monitor their CPR quality in real time. This helps improve cardiac arrest survivability. As a system,ACCESS has been hovering just above 40% cardiac arrest survival rate in Ada County. Having CPR feedback for all of the crews is vitally important to achieve their survivability goal of 50%. CPR—or Cardiopulmonary Resuscitation—is an emergency lifesaving procedure performed when the heart stops beating. Immediate CPR can double or triple chances of survival after cardiac arrest. In one year alone,475,000 Americans die from a cardiac arrest. More than 350,000 cardiac arrests occur outside of the hospital each year. CPR, especially if administered immediately after cardiac arrest, can double or triple a person's chance of survival. About 90 percent of people who experience an out-of-hospital cardiac arrest die. However, according to 2014 data, nearly 45 percent of out-of-hospital cardiac arrest victims survived when bystander CPR was administered. The Meridian Fire Department provides hands-only CPR instruction to the community in a program called HeartSAFE Meridian. k f The five links in the adult out-of-hospital Chain of Survival are: • Recognition of cardiac arrest and activation of the emergency response system • Early cardiopulmonary resuscitation (CPR)with an emphasis on chest compressions • Rapid defibrillation • Basic and advanced emergency medical services • Advanced life support and post-cardiac arrest care A strong Chain of Survival can improve chances of survival and recovery for victims of cardiac arrest. Globally, cardiac arrest claims more lives than colorectal cancer, breast cancer, prostate cancer, influenza, pneumonia, auto accidents, HIV,firearms, and house fires combined. 271Page �F? IDFA Page 502 L #14. COMMUNITY RISK ASSESSMENT 2021 Emergency Medical Services Risk Assessment Requests for Emergency Medical Services (EMS) are the most frequent type of service provided by the Meridian Fire Department. EMS incidents account for 59 percent of emergency activities and correspondingly have the greatest impact on Meridian Fire Department resources. The residential population is a significant factor in assessing the probability of EMS incidents. As the population of the Meridian increases and ages,the demand for EMS will increase proportionately. There is a range of EMS incident types. The following hazard levels have been established for EMS risk: • Low Risk: Injured and ill persons, without airway, breathing, or circulatory problems. • Moderate Risk: Cardiac arrest, severe respiratory distress, patients meeting trauma center criteria or other specialty center criteria. • High Risk: Multi-victim incidents with five or more patients. Lift Assist Incidents As noted earlier, one non-EMS category that results in many responses in Meridian is lift assists. This is classified in NFIRS as code 554-Assist Invalid. Figure 20 shows the steady increase in these types of responses over the 2016-2020 period. Number of 2016 2017 2018 2019 2020 Assist Invalid Responses per 213 231 300 334 356 Year Figure 20—Number of Invalid Assist Responses per Year 2016-2020 The data shows that the average increase is 11.9% per year, which corresponds to the current housing boom, which began in 2016. Most of those responded to were over age 65. The expectation is that as our community ages,these types of incidents will increase. There are a number of reasons that this type of incident is important in determining value during this assessment process: • Many of these calls turn into full EMS responses • The numbers are slowly increasing • More assisted living facilities are being built which will provide an opportunity for more responses as those facilities don't want their employees performing this service • Many of the cities' new residents are retired and relocating from other areas. 28 (DUP- IDI Page 503 L #14. COMMUNITY RISK ASSESSMENT 2021 Target Hazards Smoke Alarm Program In 2012, what began as an idea to better prepare citizens turned into reality when the Meridian Fire Department accepted an $112,000 grant from FEMA to initiate a smoke alarm education and installation program. Project SAFE (Smoke Alarms for Everyone) has turned out to be a shining success. It is a known fact that early alerting of a fire saves lives. It also helps to save the lives of firefighters. Conducting a search for a victim in a working fire is one of the biggest dangers to firefighter safety. Put simply"saving you is helping to save us". Working with volunteers and members of the Fire Department, when a home was found to have non-existent or non-functioning alarms, new alarms were installed or replaced as necessary. Over 2800 smoke alarms were installed in Meridian homes in 2012, including 110 "bed shakers" for the hearing impaired. These special detectors shake a small,thin unit placed under the mattress that in turn alerts the resident of a potential fire. Working with the Idaho Council for the Deaf and Hard of Hearing,this program was one of the first in the nation. Although the FEMA grant funds have been exhausted, Project SAFE is an on-going program. Since 2018, the MFD has replaced an average of 470 smoke alarms per year in the community. The goal of the program is ensuring that every home has working smoke alarms, and it has grown to become a staple of customer service within the community. The MFD,when requested, will respond to a customer's home and assist with battery change outs, or alarm replacements if necessary. This program allows for continued maintenance of smoke alarms throughout the community, and reduces the risk of falls from ladders for seniors who, due to many factors, should not be climbing ladders. Older Adult Safety The smoke alarm program provides access into homes where fire safety, slip and fall safety, and other general safety measures can be discussed with the older adult homeowner. Since slips and falls are one of the leading causes of injury to older adults, and the results of these types of injuries are the leading cause of the loss of independence, discussing ways to avoid these injuries is critical to ensuring a healthy senior population. The Public Education Division has been active in providing fire safety, and slip and fall safety classes to older adult groups and developments, in order to help keep these groups healthy. 29 (DUS ID Page 504 L #14. COMMUNITY RISK ASSESSMENT 2021 Building Inspection Program An important safety issue are the businesses and buildings within the community. The MFD addresses this with the Fire Prevention Building Inspection Program. The MFD currently has two inspectors who, along with the Fire Marshal, go out into the community and conduct fire safety inspections on schools, businesses, and special events to insure public safety. Figure 21 shows the number of fire inspections conducted from 2017 through 2020. Year Total Inspections 2017 2482 2018 3165 2019 3224 2020 2519 2017-2020 Totals 11,390 Figure 21—Total Inspections 2017-2020 In 2020,the Meridian Fire Department completed 2,519 fire and life safety inspections.There were 1,120 violations noted and 889 violations cleared. With the adoption of The Compliance Engine (a third party company that helps monitor and track occupancies that have fire alarms, sprinklers or cooking hoods with extinguishing systems)the top 5 violations were noted: • Sprinkler system maintenance past due • Exit signs: Burned out or not functioning • Fire alarm system maintenance past due • Fire extinguishers: Annual service not completed or the extinguisher(s)were missing • Extension cord misuse: Using extension cords instead of surge protectors All of these systems are required by code,to be tested and maintained on an annual or semiannual basis. In 2020, there were 2,691 inspections entered into The Compliance Engine (TCE). By inspecting and discovering these fire code safety violations and having them corrected,the community risk is greatly reduced. 30 �S ID Page 505 L #14. COMMUNITY RISK ASSESSMENT 2021 Schools Schools are a target hazard in the ,�p community due to the large number Ul�i E IDR IAN�- of schools, over 40, and the fact hinds �Q� that over 30%of the total 0 O population under 18 years of age. IIIIcMiiian © Q 0 0 Figure 19 shows the locations of the a N 0 public schools in the West Ada W tlstick m Q School District. There are a large number of private schools within the community as well. Vcherry ,Fairvi� One of the most important areas of � W Franklin concern is school safety. The MFD, - �; O Lp along with the Meridian Police sa Department, West Ada School 0Yerland,'. Overland District, and many other local and state agencies, are together victory working on a project to meet NFPA m u v m m C C W 3000 requirements(Standard for m Active Shooter/Hostile Event arty Response (ASHER) Program). MIRI.MOr � � The ISCRS (Idaho Standard D 0.75 1.5 3 Command Responses for Schools) Miles was formed by the Treasure Valley zoning Columbia School SafetyCommittee,which Commercial Q School H �- �Industrial W+ focuses on standardizing protocols Residential(HD) 3 -Residential o.�ua`a yivxac w.r wn. : for the initial protective actions a school should take during an emergency. Figure 22—Location of Schools within Meridian The ISCRS was developed so that all organizations involved in ASHER incidents at school locations would be operating off the same operational directives, and be better able to communicate from the beginning of the incident using the same terminology. This school safety initiative has been adopted by over 60% of the school districts in Idaho. 31 1 Page �F? IDFA Page 506 L #14. COMMUNITY RISK ASSESSMENT 2021 Natural Hazards Meridian is fortunate that based on its position in the center of an extremely large and flat valley, it is not prone to many serious natural disaster issues faced elsewhere. The semi-arid nature of the area,the distance from the surrounding mountain ranges, and a favorable jet stream, has produced mild winters, limited flood risk in the spring season, and very little urban interface fire danger during the summer months. Earthquakes Earthquakes are a possible natural hazard in Idaho, however history " 57 suggests that the magnitude and frequency of these events are not L such that extensive wide spread '`'" �__ damage is likely. Most buildings in �} + Meridian have been built using recent earthquake standards and '' w are expected to withstand the forces exerted during a quake. Earthquake Damaged Building (California) Severe Weather Severe heat occurs during the two hottest summer months,July and August. Outdoor activities can be dangerous if heat precautions are not taken. Excessive heat poses a significant risk to people's health, including heat exhaustion and heat stroke,which can result in death. Excessive heat generally means unusually hot temperatures, possibly combined with oppressive humidity that persists for two or more days. 321Page �F? IDFA Page 507 L #14. COMMUNITY RISK ASSESSMENT 2021 Thunderstorms are a hazard in Southern Idaho. These storms move in and out quickly, bringing with them heavy rains, hail, high winds and lighting. Severe thunderstorms are officially defined as storms that are capable of producing hail that is an inch or larger or wind gusts over 58 mph. Hail,this size can damage property such as plants, roofs and vehicles. Wind this strong is able to break off large branches, knock over trees or cause structural damage to trees. Thunderstorms also produce tornadoes and dangerous lightning; heavy rain can cause flash Thunderstorms flooding. Although snowfall is usually light, in the winter of 2016-2017 there was an unprecedented amount of snow that fell on the entire Treasure Valley area. "Snowm aged don", as it was dubbed, dropped 39" of snow. Normal annual snowfall is around 19", so the amount of snow that fell during this season was twice the normal amount. In addition to occasional major snow events such as this, inversions can occur which have in the past created long streaks of sub-zero temperatures. lr "Snowmageddon", Winter 2016- 2017 33 Page �F? IDFA Page 508 L #14. COMMUNITY RISK ASSESSMENT 2021 Wildland Fires As discussed in the Fire Incident section,wildfires along the southern and western edges of the city are a threat. WUI (Wildland Urban Interface) areas are the areas that have grass fires that pose a risk to structures. There are pockets of these areas within the Rural Fire District,that have limited access and limited (or no)water available for firefighting. The MFD utilizes fire crews to canvass these areas in order to be as prepared as possible in case of an urban interface incident, while development has continued to shrink these areas of threat. �5i_ - Wildland Grass Flooding Flooding is a small risk along the Boise River, which touches the northwestern most edge of the fire district. The city does have numerous irrigation canals running through it. These create hazardous locations; contribute to water rescue responses in the spring, and summer months. RIVER URMFIM Flooding Along Boise River 34 Page �F? IDFA Page 509 L #14. COMMUNITY RISK ASSESSMENT 2021 Technological/Human Hazards Hazardous Materials Hazardous material incidents account for about 2 percent of all 1 calls to the Fire Department. A major hazardous materials release is in the low probability, high consequence category. There are different types of hazardous materials incident .0x14QER responses ranging from a single engine response (e.g., an _ abandoned container of motor oil),to a response requiring the Department's entire staff for a major release of hazardous Olt + materials. Additional resources are available if needed from the City of Boise Fire Department. a Utility Failure Risks from a prolonged utility failure are considered low probability with low consequence. Critical City infrastructure, such as City Hall, the Police Department, Public Works,the Senior Center, and each fire station have emergency power capability with procedures in place to maintain essential emergency services. -ti . l An IDACORPCompany 35 Page �F? IDFA Page 510 L #14. COMMUNITY RISK ASSESSMENT 2021 Transportation Hazards Air The City of Meridian has no airport within its boundaries. It is located 11.2 miles away from Boise Airport (BOI), but is within a direct - flight path. Risks from an air transportation emergency are considered to have low ,. �. probability with high consequence. The Department is capable of handling small air transportation incidents through current u: policies and procedures. Additional specialized resources are available through Mutual Aid. Boise Airport Railroad The City of Meridian currently has a railroad system that operates within its boundaries. The Boise Valley Railroad (BVRR) began operations in November 2009. The BVRR consists - of 68 miles of track on two separate - branches,the Wilder Branch and the Boise Cut-off. The Wilder Branch runs from Wilder, Idaho,to Caldwell, Idaho. The 25 mile Boise Cut-off runs from Nampa, Boise Vallev Railroad through Meridian,to the Boise Airport, southeast of Boise, Idaho,the state's largest city. The BVRR also includes trackage rights from Nampa to Caldwell on the Union Pacific Railroad line. The major commodities of the Boise Valley Railroad include potatoes, lumber, fertilizer, and fuels. The rail system risk is in the low probability with high consequence category. The presence of the rail system adds to the potential for mass casualty and/or rescue incidents. Policies, procedures, and mutual aid agreements are in place to handle this potential. 36 (DMS ID Page 511 L #14. COMMUNITY RISK ASSESSMENT 2021 Highway Meridian provides emergency services to portions of the 1-84 Freeway that transverses the City. In addition, State Highways 16, 20/26, 55, and 69 all pass through parts of Meridian. Motor vehicle accident risks are in the high probability with low consequence category. All highway/street incidents do have the potential to be in the low probability with high consequence category if the incident involves hazardous materials, multiple patients, or is a complex incident. 0 1-84 in Meridian, ID Security Hazards Civil Disorder The City of Meridian sits in the most densely populated area of the State of Idaho, and while there has not been any history of civil disorder,there always exists the possibility of occurrence. As the probability of these events occurring is low, the associated risk falls into the low probability with high consequence category. While generally a police department issue,fire departments do attempt to extinguish fires and treat the injured, when safe, during these events. In the event of an incident occurring,the Meridian Fire Department would team up with law enforcement and operate using the policies,tactics and procedures developed for riot situations. Terrorism (Critical Infrastructure Systems) While the City of Meridian is immediately neighboring the City of Boise,which is both the State Capital and the most populated city in the State of Idaho,the risk of terrorism is low. The most notable hard targets are Gowen Field (10.8 miles), Mountain Home Air Base (61.6 miles), and the Idaho National Laboratory(220 miles). Idaho Power has 17 hydroelectric dams along the Snake River. The likelihood of domestic terrorism is the more likely threat in this category. Acts of terrorism are in the low probability with high consequence category. 371P � QA CM�'- F-P,ID Page 512 L #14. COMMUNITY RISK ASSESSMENT 2021 Conclusions and Recommendations The Community Risk Assessment process has allowed the Meridian Fire Department to observe the City of Meridian community and the Fire Department services. By viewing the Department from a historical perspective, understanding the current services provided, knowing the community expectations, evaluating service demands by utilizing fire and EMS data, determining key areas of potential risk, and assessing all potential hazards,the department has the tools necessary to develop a clear and comprehensive Risk Assessment Plan. While the MFD does a good job as a reactive organization, as is the case with most fire departments in the country, it is necessary to be more pro-active in the future. There are multiple areas where the Meridian Fire Department can improve its Community Risk Reduction. Among them are: • The construction of additional fire stations, and possible relocation of current stations, in order to improve coverage in the growing areas of the city. As the city grows outwardly to its furthest borders, and fills in the undeveloped islands within its current borders, additional resources will be required to provide timely and proper responses to an ever-increasing call volume. • Maintaining appropriate staffing levels to ensure resources match growth and service demands. While this in itself is a reactionary measure, it is essential to keeping the risk reduction at a level commiserate with growth. • Maintaining and improving mutual aid agreements with neighboring cities and fire districts. The ability to share resources is important as no jurisdiction has the financial ability to provide all necessary services for every threat. Natural disasters such as large wildland fires, large-scale structure fires, multiple simultaneous incidents and other large-scale incidents can overload a department's resource quickly. Assistance from neighboring agencies allows these types of incidents to be handled without sacrificing the ability to provide the base services that continue to be needed during these high resource necessary events. • Improved department training. Department training provides the opportunity to practice repetitive skills and keep crews up to date on the latest methods. The MFD has a Training Division that includes a Division Chief and Two Training Captains. In addition, Company Officers provide training within their own districts and on-line training is provided throughout the department. Maintaining a high level of readiness through training keeps firefighters safe, builds confidence and pride in the firefighters, and gives the community confidence in the professionalism of their firefighters. 38 (DUS IDI Page 513 L #14. COMMUNITY RISK ASSESSMENT 2021 • Continued and improved area-wide (multi-jurisdictional)training. This type of training is combining units from different jurisdictions at one location, and training collectively as a group. Area-wide training allows for information sharing, communications familiarity, and creates a sense of teamwork with crews who do not work together regularly.This type of training provides smoother operations when multiple agency units are involved together on incidents. An example of multi-jurisdictional training is high-rise firefighting. Conducting training with all parties who might be assisting on a large scale incident such as this allows for smooth operations, effective communications, management of resources, and a better chance of successful completion of tasks with minimal risk of loss of life for both victims and firefighters. • Involving front line staffing(firefighters) more in Community Risk Reduction (CRR). Provide training, and encourage suppression personnel to embrace CRR as an important and vital part of their jobs. Change the, historically, reactionary way of thinking and encourage a more proactive thought process towards reducing risk within the community. Placing an emphasis on prevention activities and education will help to reduce the non-emergent responses, keeping suppression crews available for more urgent and true emergencies. • Reducing good intent and false calls in order to reduce the number of unnecessary responses (i.e.: False Calls, Good Intent Calls, Service calls). As noted above, community risks can be reduced through aggressive fire and life safety education and prevention services. By employing a department-wide mindset of CRR,these programs can be more focused and effective. Proper and thorough education of the public in all aspects of community risk will reduce those instances where the public contacts the fire department because they either did not know how to handle the situation or did not know whom else to call. While this will not eliminate these types of responses, reducing these would have a significant impact on the availability of resources, and could reduce the need to provide additional crews and equipment,thus providing a financial benefit to the community as well. • Providing additional fire inspectors to augment the current staffing. This will allow the Fire Prevention Division to be able to keep up with growth and development, maintaining, and confidently improving, safety in all buildings within the City of Meridian and the Rural Fire District where the public has access. • Continue to provide training in fire investigation for all investigators, and supplement investigation training for suppression officers. Determining fire causes are essential in order to recognize patterns, determine trends, and develop safety messaging and education for the public.This also provides valuable data for understanding the fire risk within the community. 39 (DUS ID Page 514 L #14. COMMUNITY RISK ASSESSMENT 2021 • Working with the Ada County Medical Director, and under the Ada County City Emergency Services System (ACCESS), together with Central District Health (CDH)* and local hospitals,the MFD can assist with determining methods to provide effective, and efficient methods to help the community deal with healthcare issues. One issue of importance would be to determine ways to reduce recidivism. Recidivism in healthcare has been defined as the tendency by ill patients to relapse or return to hospitals for treatment. Anecdotal data and historical experience shows that many patients, recently released by hospitals, are returning to the hospital, usually within 30 days, after discharge.These patients utilize 9-1-1 and the emergency department and are often readmitted. Some of these patients do not understand how to properly care for themselves after their release from the hospital initially. Their inability to manage their medicines,follow-up treatments, and home health care drive them back into the hospital setting after experiencing a setback in their health status. One possible solution to the specific issue of recidivism is the use of community paramedics. Community paramedicine is a relatively new and evolving healthcare model. It allows nurses, paramedics and emergency medical technicians(EMTs)to operate in expanded roles by assisting with public health and primary healthcare and preventive services to underserved populations in the community.The goal is to improve access to care and avoid duplicating existing services. Some patients lack access to primary care and use 9-1-1 and emergency medical services (EMS)to receive healthcare in non-emergency situations.This can create a burden for EMS personnel and health systems. Community paramedics can work in a public health and primary care role to address the needs of residents in a more efficient and proactive way. Community paramedics generally focus on: • Providing and connecting patients to primary care services • Completing post hospital follow-up care • Integration with local public health agencies, home health agencies, health systems, and other providers • Providing education and health promotion programs • Not duplicating available services in the community *(CDH, Public Health District IV, is one of seven public health districts within the state of Idaho, serving the counties of Ada, Boise, Elmore, and Valley. Health districts were established in 1970 under Idaho Code to ensure essential public health services are made available to protect the health of all citizens of the state- no matter how large or small their county population. With a vision of Healthy People in Healthy Communities, CDH's emphasis is on decreasing risk factors for chronic disease, improving quality of life and increasing the years of healthy life among residents.) 40 (DUSP,1DI Page 515 L #14. COMMUNITY RISK ASSESSMENT 2021 • Increasing public education programs, funding, and staffing. This will strengthen the existing programs the department already has in place. It will provide funding, equipment and staffing to provide additional programs. • Increase programs and classes directed at Older Adults. Work with this segment of the community and provide classes on Slip and Fall safety, Cooking safety,AED (automated external defibrillator) and CPR training. Provide continued education on smoke alarms, exit drills and how and when to call 9-1-1. Augment current programs that address senior driving issues and proper handling of smoking materials. One addition would be to add a Home Safety Inspection program to provide seniors with a review of their home and identify potential unsafe conditions. This segment of the population, as noted earlier, accounts for almost 40%of the EMS responses in the community. • Replace the current Fire Safety Center with a mobile Fire Safety Trailer. Currently the MFD has a Fire Safety Center, a fixed facility where the Public Education Division works out of, and hosts schools and other groups. One drawback to this facility is the difficulty that school groups have in utilizing it to its fullest. A school group has to schedule a time for programs at the facility, secure a bus to transport the students to and from the facility, and complete whatever internal procedures the school district requires to conduct the field trip. By providing a mobile safety facility,the logistics of transporting students and lost class time would be eliminated. This would encourage more teachers to utilize the fire and life safety programs offered by the MFD. • Establish a Community Risk Coordinator to manage department wide community risk activities and planning. • In the future,the City of Meridian will work with department partnerships (Police, Fire and Community Development)to create a non-emergency alternative response unit that will ensure the community is receiving the appropriate level of care for non-emergent situations.The intent is to bring the full measure of city resources for the benefit of community members and reduce the strain of non-emergent 911 calls on the emergency response system. By utilizing the results of this risk assessment, the Meridian Fire Department can begin the next steps in the Community Risk Reduction planning process. This will start with the development of strategies to mitigate risks,followed by the preparation and implementation of a CRR plan. After implementation,the department will monitor, evaluate and modify the plan as necessary. 41 (DUS ID Page 516 .rem COMMUNITY RISK ASSESSMENT 2021 s a r • A l y References United States Census Vision 20/20 National Fire Incident Reporting System (NFIRS) Meridian Fire Department Annual Reports (2016-2020) Meridian EMS Data (ESO) Meridian Fire Department Strategic Plan 2016 City of Meridian Wikipedia Ada County Office of Emergency Preparedness National Weather Service American Heart Association Central District Health Rural Health Information Hub 42 Page �F? IDFA Page 517 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fire Department: Check presentation from Light My Fire, Inc. to Meridian Fire Department Public Education Division Page 518 Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Dept Meeting Date: June 8, 2021 Presenter: Pam Orr& Light My Fire Committee Estimated Time: 5 minutes Topic: Check presentation from LMF, Inc. to MFD Public Education Division Recommended Council Action: Donation check presentation to Meridian Fire Public Education fund from Light My Fire, Inc. Background: [Provide context and reasoning for the recommendation] Page 519 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Community Development Presentation: Land Use Entitlement Analysis, 2018- 2020 Page 520 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Brian McClure, Community Development Meeting Date: June 8th, 2021 Department Presenter: Brian McClure, Victoria Cleary, and Lila Estimated Time: 25 minutes Klopfenstein Topic: Land Use Entitlement Analysis Recommended Council Action: Information and Discussion Only Background: The Community Development Department was able to utilize the talents of Lila Klopfenstein to review the entitlements approved by the City over the last several years. Lila is a Master of Public Administration intern from Boise State University. The focus on this analysis were rezones, conditional use permits, and entitlements in commercial, mixed use, and industrial areas. This analysis is part of a series of work including the yearly Land Use and Development Report and the Demographic Trends summary, to better understand the direction of the City. The attachment to this memorandum is the Land Use Analysis Report created by Lila. The information contained will be summarized during the workshop presentation,but there is a good deal more content worth reviewing than can be covered. The Report is thorough and contains many charts,tables, and other exhibits. This work is important as it represents the aggregated changes of many smaller and incremental decisions over the last several years. There are both positive and concerning trends in this larger reporting series, and staff will be available to help assist with any questions. Page 521 2018-2020 Land Use Analysis Item#16. go BE IN L i City of Meridian Unofficial Report Prepared by Lila Klopfenstein, MPA Student, Boise State University Page 522 2018-2020 Land Use Analysis Item#16. REZONES 2018-2020 Major Trends This section will describe and analyze major trends that occurred from 2018-2020 due to decisions to rezone land in Meridian. The goal of this section is to quantify changes in land-use due to rezones and help decision-makers understand the impact of rezones in the City of Meridian. Loss of Commercial Land: 50% of all land rezoned in 2018-2020 was rezoned from commercial to residential land. This amounts to a 61-acre loss in commercially zoned land (C- From 2018 — 2020, G, C-C, I-L, L-0). In total, residential zones (R-8, R-15, R-40) gained 61 acres commercial zones while commercial zones lost 61 acres. The largest net losses were in the lost 61 acres while general retail and service commercial district (C-G) zone with a total of 30 residential zones acres lost. The light industrial (I-L) zone also lost a high amount of land, with a gained 61 acres. total of 27 acres lost. Increase in Residential Density: As rezones reduced the amount of commercial land in Meridian, there was a simultaneous big increase in residential density. From 2018-2020, 49 acres of From 2018-2020, medium-low density residential land (R-4) was rezoned to the medium about 95 acres of density (R-8) zone. 30 acres of the R-8 zone was rezoned to the medium-high land rezoned was to density (R-15) zone. The high density (R-40) zone also gained 15 acres from higher density the C-G zone. This amounts to about 95 acres of land rezoned to higher residential. density residential. The City of Meridian has stated that it seeks to: "Support business development that increases the number of family wage jobs to allow employees to live and work in Meridian."- City of Meridian Strategic Plan (13) The current rezones trends that increase residential density while decreasing commercial land may hinder progress toward this goal since there is less commercial land to serve more residents. Page 523 2018-2020 Land Use Analysis Item#16. Graphic Representation of Rezones Acreage Loss Acreage Gain Due to Rezones 2018-2020 Due to Rezones 2018-2020 ❑ L-0 ❑ R-15 ❑ R-4 ❑ 0-T ❑ C-N ❑ I-L 3/ 0/ ° 27/ ° 8% ❑ R-15 ElC-C 33%(7 5% ❑ R-40 ElI-L 7% 15% ElC-G 15% ❑ R-4 21% ❑ R-8 ❑ R-8 19% 30% Note:Since O-T only gained 1 acre,which is less than 1%of the grand total,the O-T percentage shows as 0%. Net Acreage Gain/Loss Due to Rezones 2018-2020 R-15 63 R-8 O-T c-N 15 27 1 0 0 0 a a L-0 C-C C-G I-L -6 -6 R-4 -30 -27 -44 Page 524 2018-2020 Land Use Analysis Item#16. Which Zones Lost Land? REZONE HIGHLIGHTS , : „ 65.86 45.80 51.46 35.79 Commercial 17.09 18.13 61 zonesost6.40 acres while residential L-O R-15 C-C I-L R-8 R-4 C-G zones "• 61 acres; Note:The acreage counts in the graph above are different than net acreage totals(see pg.3).This is because net acreage counts both losses and gains while the graph above only counts acreage losses. 0 11.5 acres of land was Where Did the Land Go? '_ Zone (Loss) % Acres Proposed Use Zone (Gain) of L-O 54% 3.47 Storage R-15 23% 1.43 Single Family R-15 industrial land 23% 1.49 Commercial C-C rezoned ' R-15 57% 9.71 Single Family R-8 for 43% 7.38 Single Family R-4 Idaho Arts Fine C-C 76% 13.72 Single Family R-8 Academy; 21% 3.77 Multi-Family R-15 3% 0.64 Single Family 0-T of - -L 54% 19.48 School C-G 35% 12.59 Mixed Commercial C-G ' ne was 5% 1.76 Coroner's Office C-G rezoned to 6% 1.96 Commercial C-G R-8 65% 29.77 Single Family R-15 18% 8.12 Storage C-C 17% 7.91 Commercial C-N C-G 63% 41.71 Single Family R-15 24% 15.42 Multi-Family R-40 13% 8.73 Industrial Flex I-L Space R-4 95% 49 Single Family R-8 5% 2.45 Commercial C-C Page 525 2018-2020 Land Use Analysis Item#16. cups Conditional Use Permits 2018-2020 Major Trends This section will describe and analyze major trends that occurred from 2018-2020 due to conditional use permits (CUPs) in Meridian. The goal of this section is to quantify changes in land-use due to CUPS and help decision-makers understand how CUPs affect land use in the City of Meridian. Four Public Schools Received CUPs: Two new schools on 130 acres, Owyhee High School and Pleasant View Elementary, were built with CUP approval. Meridian High and Mountain View High also received CUP approval to add and modify their schools. Apartment CUPs were (mostly) Approved in Residential Zones: Given the recent market demand for high density housing, it was expected that multi-family CUPs would cut into commercial zones. However, only two multi-family CUPs (4 acres) were granted in a C-G zone. The remaining seven multi-family CUPs (91.5 acres) occurred in the R-15 or R-40 zone. ❑Public Education Institution ■Multi-Family Conditional Use Permits ❑Storage 2018-2020 Acreage 11 1 ■Church 5 5 5322221 ■Senior Living 10 7 ❑Extended Hours of Operation 11 ■Additional Height ❑Parking 13 ❑Recreation Facility 17 Public ❑DriveThrough ■wireless Communication Facility Education ❑Non-Conforming Sign 22 r�S�toage Institution 191 ❑Daycare ❑Drinking Establishment (school) ❑Assisted Living Multi- Family ■Fire Station ■Daycare(Church) ■Office with Storage Attached ❑Light Industrial Facility ❑Daycare(In-Home) 96 __- ❑Events Center Page 526 2018-2020 Land Use Analysis Item#16. A High Number of CUPS in Industrial Zones: • • 10 CUPS Three recreational facilities and two churches were approved in an industrial 2018-2020 zone (I-Q. Although they did not receive high amounts of land area, recreational facilities and churches are changing land use in industrial zones from industrial to commercial (see case study below). Six Daycare CUPS: Six daycare CUPS were approved in Meridian, one of 3. Public Education which was approved in an industrial zone (Real Life Church, near the Institution - I intersection of Eagle and Pine). Two in-home daycare CUPS were approved4. Drive Through -4 before January 2019, showing that the growth of in-home daycares is not a COVID-19 related trend. 6. D. High Number of Storage Facilities: Out of all 7. Da ycare (Church) —2 Six CUPS were granted that allowed storage facilities _ commercial 8. Daycare to be built on 18.05 acres of commercial land. A CUPS granted, seventh storage facility was approved in a Senior storage facilities 10. residential zone. Thus, out of all conditional use received the permits granted, storage facilities received the largest amount largest amount of land. of land. CUPs in Commercial Zones ❑Storage C-C, C-N, C-G, I-L, L-0 ❑Extended Hours of operation 2018-2020 Acreage ■Church ■Parking 2 2 2 111 18 ■Senior Living 3 ■Recreation Facility 3 ■Multi-Family 4 Storage ■Additional Height ❑Drive Through 4 ■Nan-Conforming Sign ■Wireless Communication Facil-ty 4 1 1 ❑Daycare ❑Drinking Establishment 5 ❑Assisted Living ❑Office with Storage Attached 8 ■Light Industrial Facility 7 ■Daycare(Church) Page 527 2018-2020 Land Use Analysis Item#16. Case Study: The Commercialization of Industrial Zones Gracie Fighting Academy: In 2020, Gracie Fighting Academy received a CUP to run a martial • arts (jiu-jitsu) gym in an industrial zone at the SW corner of Locust Grove and Franklin. Within 0.05 sq. miles there were already three Gracie Fighting Academy (2020) existing recreational facilities: Idaho Soccer Center, Impact Dance Center, and PowerSeeker Crossfit. Staff recommended approval of the �' U LLW n > CUP because the building had "already been utilized as a commercial may; °"' EPIP R building more than an industrial building due to the existence of * o another martial arts studio". Thus, the presence of other recreational " F KAUSPELL S1 businesses and gyms attracted and allowed more recreational facilities �� in this area. Over time, approving commercial uses in an industrial E WA E zone will commercialize these areas and push out industrial businesses. Rock & Armor: In 2020, the physical therapy clinic/gym called Rock & Armor was Rock &Armor (2020) approved in an industrial zone. Within 0.05 sq. miles there were Z 2 ffi u BUCDMAN already three existing recreational facilities: Meridian Academy of < C' as Z Gymnastics, Team Fit Physique, and Legacy Martial Arts. Like the "S�,p{ EPINE,AVE � industrial zone on Locust Grove and Franklin, the presence of a gym 12M N attracts more gyms further commercializing the industrial zone. * z x This commercializing effect is also true if a church is approved in = * Z COMMERCIM DR an industrial zone. From 2018-2020, there were two churches approved in industrial zones: Calvary Chapel (2018) and Real Life Church (2019). Commercialization also causes secondary impacts due • • to conflicting uses. For example, parents picking up their children from practice or overflow parking from a church in an industrial zone may block industrial vehicles and cause unnecessary inefficiencies. Page 528 2018-2020 Land Use Analysis Item#16. Case Study: The Growth of Storage Units in Commercial Zones The growth of storage facilities in cities has become a concern for cities across the nation. Major cities like New York, Miami, Charleston, and San Francisco have restricted construction of new storage facilities'. When New York enacted their restrictions, they cited "a lack of space, displacement of businesses that produce high-quality jobs and a negative impact on the aesthetics" as the reasons behind placing restrictions on new storage facilities2. At the same time demand for storage is growing and investment is also growing. US Census Bureau data on private construction spending shows that spending on new storage facilities across the nation grew from $241 million in 2011 to nearly $5 billion in 20183. This growth in demand and construction of new storage facilities has affected the City of Meridian. From 2018-2020, seven new storage facilities were built in Meridian with CUP approval. Six new facilities were built on commercial land totaling 18.05 acres. The seventh storage facility was approved in a residential zone. When all CUP acreage approved in commercial Elevate Storage(2019)in Meridian,Idaho areas are aggregated, storage facilities in Meridian received the largest amount of commercial land through conditional use approval at 18.05 acres. As of 2021, Google Maps lists 17 existing storage facilities in Meridian with four more currently in construction (Bach Storage, Franklin Storage, Ustick Marketplace Storage, and Elevate Franklin Storage). In response to a similar growth in storage facilities, the City of Nampa imposed a 5-month moratorium in 2019 on new storage facilities. The moratorium was enacted to consider amending their city ordinances'. The result was a new ordinance that required storage facilities to receive CUP approval from both the Nampa Planning and Zoning Commission and the Nampa City Council. Other cities have also imposed moratoriums to update their ordinances due to growth in storage and warehouses. The impact of storage facilities on commercial land, potential displacement of commercial industry, and tax impacts should be considered as demand for new facilities will likely continue to increase in Meridian. 1 Gardener,Colton (November 25, 2019). Four Predictions About the Self-Storage Industry. Forbes. Z Ibid. 3 Ibid. 4 Banner, Erin (November 9, 2019). Nampa to lift storage unit moratorium but impose new rules. Idaho Press Tribune. page 529 2018-2020 Land Use Analysis Item#16. M 'ixed = Use (MU ) 2018-2020 What is a Mixed-Use Area? • • Mixed-use (MU) areas are parts of the city that • • • • are designed to allow residents to live, shop, and work in a close geographic area (Comprehensive Plan, 3-11). The goal is to create a sense of place and °* promote connectivity between different � w 0 land-uses. In practice, mixed-use areas allow L-ihrary developers to propose projects with varying amounts of commercial, office, civic, and residential land. Key characteristics of mixed-use areas are as follows: ■ Less land area devoted to parking ■ Interconnected vehicular and pedestrian b networks ■ Open space ■ Innovative and flexible design Given the variability within these areas, it is crucial that the City of Meridian understands current - development patterns in mixed-use areas to ensure "� "• that they continue to help Meridian progress toward -• • - • - • • their strategic development goals. The information _ included in this section seeks to inform decision- -• • • • makers on the impact of 2018-2020 entitlements in mixed-use areas. Page 530 2018-2020 Land Use Analysis Item#16. Mixed- Use Area Comparison Table There are five sub-categories of mixed-use areas: Community, Regional, Neighborhood, Non- Residential, Interchange, Community, and Residential. Each has a different goal and type of resident it seeks to serve. Therefore, each zone has a unique target ratio of residential, civic, commercial, and mixed- commercial land. The table below compares target ratios to 2018-2019 approved projects. Did 2018-2020 projects match the target land use ratios? Zones with high acreage counts should generally match target ratios. It is also helpful to note the amount of remaining undeveloped land in the zone (column chart on the left). If most of the MU zone is already developed, the total % of non-residential land should closely track the target ratio identified in the pie chart in the second column. Note: Mixed-Use Residential (MU-Res) is excluded from the analysis because from 2018-2020 no projects occurred in this zone. Also, target land use ratios were identified from the City of Meridian Land Use Report. MU Allocation Target Land-Use Ratio MU Land-Use Totals City-Wide Totals 2020 Land Use Report Entitlements 2018-2020 • Remaining Undeveloped Area % Civic • Residential ' % Commercial • Non-Residential % Mixed Commercial ( Mixed Commercial+'Commercial) (Commercial including offices) Community M U-C 45% 55% 35% 53% 47% 223 27% 28% 25% Acres 10% 30% 4%0YO Regional MU-R 15% 23% 66/ 75% 25% 77% 148 Acres 53% 0 17% 17% 0 ■ 1 ❑ 10% Page 531 2018-2020 Land Use Analysis Item#16. City-WideMU Allocation Target Land-Use Ratio MU Land-Use Totals Totals 2020 Land Use '-•• I I 1 Neighborhood MU-N 0 80% 77 0Acres 10%� 2% � 81%� 6% 13% A4 LJ o 10% ❑ Non-Residential MU-NR 40% 51% 49% 63% 41 95% Acres 32% 5% 10 *Aw ----1 00 5% Interchange MU-1 91% 40% 30% 100% 18 100% 20% Acres 20% 9% 0 Commercial 4% 4% MU-COm 20% 56% 25% 75% 16 96% 30% Acres D14% I 1 ❑ 5% Page 532 2018-2020 Land Use Analysis Item#16. 2018-2020 mixed-use projects were 667 NON - RESIDENTIAL 347 RESIDENTIAL *Based on aggregate mixed-use area totals . . ' The mixed-use subcategory, mixed-use community (MU-C) saw the most activity in 2018-2020. Mixed-use community (MU-C) had the most projects and total project acres in 2018-2020. Three large entitlements in MU-C were Linder Village, Pine 43, and Pollard. Other zones that saw significant activity were mixed-use regional (MU-R) and mixed-use neighborhood (MU-R). Major projects in these zones include Hill's Century Farm, Eagle Commons, Rackham, and the Village Apartments. Total Project Acres by Mixed-Use Area Mixed-Use Entitlements 2018-2020 221.73 148.24 N L U Q 77.08 40.72 18.45 13.96 MU-C MU-RG MU-N MU-NR MU-1 MU-Com MU-C— Mixed Use Community MU-NR—Mixed Use Non-Residential MU-R — Mixed Use Regional MU-1—Mixed Use Interchange MU-N— Mixed Use Neighborhood ' MU-Com—Mixed Use Commercial Page 533 2018-2020 Land Use Analysis Item#16. Did small projects (in mixed-use areas) create more residential than commercial land? The hypothesis is that small projects, defined as less than 20-acre entitlements, may create more residential than commercial land. The data does not support this hypothesis. The percentage of residential land in large and small entitlements is relatively similar at 32% and 35% (pie charts below). However, the type of commercial land created in large and small projects differs. Commercial land, which has no office space, is assumed to create less family-wage jobs. Mixed- commercial land, because it includes office space, is assumed to create more family-wage jobs. Large projects were 49% commercial and 17% mixed-commercial. Small projects were 26% commercial and 26% mixed-commercial. Large projects like Hill's Century, Linder Village (Winco), Pine 43, Pollard, and Quartet provided more commercial and less mixed-commercial land compared to small projects. Therefore, data from 2018-2020 suggests that smaller projects are more closely aligned with the goal of mixed-use areas to provide job opportunities in a close geographic area for Meridian residents. Entitlements Entitlements Greater than 20 Acres Less than 20 Acres 4 12 9 2% 32 2% 2% 7% 36 17% 165 36% 120 26% 68 32% Commercial Residential Storage School Mixed-Commercial Warehouse (commercial including offices) ' Parking Page 534 2018-2020 Land Use Analysis Item#16. Mixed-Use Area Case Study Introduction Looking at proposed land use allows one to evaluate whether the mixed-use area provides sufficient job opportunities and commercial services to residents so that they can "live, shop, and work in a close geographic area" (Comprehensive Plan, 3-11). The information introduced in the above sections show broad trends across mixed-use areas. However, each mixed-use area is unique. This variability makes broad-scale analysis of limited value. The following case studies are designed to show successes and shortcomings of existing mixed-use areas in Meridian. The elements of focus are connectivity between land uses and whether the area provides residents a sense of place. Connectivity is an important aspect of mixed-use areas for two reasons. First, it promotes a sense of place by creating vibrant neighborhood commercial and community centers. These gathering places can truly enhance a resident's experience. Second, connectivity through multi-modal pathways and alternate roadways can reduce the number of trips necessary on major roads. As traffic throughout Meridian increases, trip reduction is an increasingly important aspect of mixed-use areas. These two case studies should help decision-makers identify the challenges within developing a mixed- use area, as well as identify key aspects of a successful mixed-use project. Page 535 2018-2020 Land Use Analysis Item#16. Mixed-Use Case Study 1 : Mixed- Use Area at Eagle and Ustick Overview _ • _ _ The mixed-use area at the corner of Ustick and Eagle • • • • Road is designated mixed-use regional (MU-R). An image of L AS-1 IN the area and a pie chart of the target land use ratio in an _ Ir~ MU-R area are included on the right. , Visually there is a lot of commercial land; however, when land use was calculated using aerial imagery it was z x found that parking takes up 42% of the zone, residential 32%, commercial 11%, and storage 3% (see column chart below). Parking acreage from the Wadsworth and VillaSport E.NSTICK-R° } q projects on the SW corner could not be estimated because - E ETECW LN' x FICARp Q C the projects have not yet been built. When Wadsworth and Y SI sr�cgWOt" z a 3 i z tJ E SCYILIE W z VillaSport's parking is factored in, it is likely that parking F F,�onFlol" W > w Z 4 v = V will occupy about half of the entire MU zone. SM Parking lots limit the connectivity of uses and character of a ELL3LM1f bA mixed-use area because most people do not want to walk or x bike across busy parking lots to reach commercial properties. ERIVER VAIl CY ST Land Use Breakdown • _ ' • • Ustick & Eagle Rd 42% '- •' 33% , 11% g% 3% 3% ❑ ❑ o IQ, Page 536 2018-2020 Land Use Analysis Item#16. Mixed-Use Case Study 1 : Mixed- Use Area at Eagle and Ustick Cont'd . . . What job opportunities exist? Commercial Commercial Services • 19 Restaurants • 2 Banks • 1 Gas Station • 3 Beauty Services (Salon, Spa, Nails) • 1 Storage Facility • 2 Gyms • Numerous shops including Lowes, Hobby • 2 Auto shops Lobby, Dicks, Budget Blinds etc. The job opportunities in the MU-R area of interest generally do not provide the family-wage employment opportunities that keep Meridian residents working in Meridian. While the commercial service portion does provide some family-wage jobs, ultimately the lack of office space severely limits its economic potential. In the future, this could be rectified by building offices on top of coffee shops or restaurants. Is there a sense of place? A sense of place can be built by connecting commercial areas to residential neighborhoods. Residents in areas that have integrated commercial and residential areas feel more at home in their nearby restaurant or local grocery store. The large number of commercial businesses and lack of integration between residential and commercial areas detract from this area's sense of place. The large parking lots that create distance between commercial and residential buildings also add to the sense of detachment. The layout of this mixed-use area also makes trip reduction difficult. Even residents that live within walking or biking distance of these commercial buildings are unlikely to walk or bike to this commercial area given the lack of shade and large asphalt parking lots to traverse. Thus, the placement and design of early projects can affect future connectivity in mixed-use areas. As infill development is considered, the key mixed-use components of connectivity, a sense of place, and family-wage job opportunities are very important. Conversion of underutilized parking space for commercial use could also improve the balance of parking to commercial land use in the area. Page 537 2018-2020 Land Use Analysis Item#16. Mixed-Use Case Study 2: Mixed- Use Area at Eagle and Overland Road Overview Area Interest Mixed-Use Regional (MU-R) Area on the The intersection of Eagle and Overland Road is Eagle '• • • Overland - - • zoned mixed-use regional (MU-R). On the western portion of this area of interest, there is Majestic 60 New L Apartments Cinemas, Harley Davidson, and an animal hospital. From ICC 2018-2020, new commercial developments on the #. eastern side were proposed and approved. In 2019, a rt�N V Norco (medical supplies) facility was built as part of the Note: portion Eagle Commons entitlement. In 2020, an Idaho Central not included in this case study. Credit Union (ICCU) administrative building was built as Mixed-Use Regional part of the Rackham entitlement. Several flex-office Target Land Use Ratio buildings are proposed to be built around these anchor ' , tenants. Residential Res 75% ( Since the area of interest does not have a residential Mixed- component there was an opportunity for a residential Commercial development to occur close to this growing job center. 0' . In 2021, a 360-unit apartment project called Seasons at , Meridian was introduced. The project is proposed to be Commercial built directly east of a potentially new Winco Foods store. • • Use Breakdown Overland & Eagle Rd When aerial imagery is used to calculate land use, it i is found that residential land occupies 46% of the total area of interest. A large portion of this residential land is , . made up of older farmhouses. While property owners maintain the right to their private property, it is possible that developers could make a deal with the property 0• •• owners to redevelop the area. Therefore, the high •' •� Page 538 2018-2020 Land Use Analysis Item#16. residential acreage count is more flexible than in newly developed residential areas. It was also found that commercial services (27%) were triple the acreage of general commercial (9%) which suggests that a high number of family-wage jobs will exist in this area. Since the goal of mixed-use areas is to work, shop, and live, in a close geographic area, this is a promising development. Finally, compared to the first case study, the percentage of parking in this area is low (11%). There are two reasons for this. First, since most of the proposed commercial developments have not been built, land area that would have been considered parking/roads is categorized under services; temporarily keeping parking/road percentage low. Second, the high number of commercial services in the area allow for smaller parking lots. What job opportunities exist? Commercial Commercial Services • 13 Restaurants • Animal Hospital • Majestic Cinemas • Dog Training Center • 2 Hotels • Harley Davidson • Zamzows • Auto Repair Shop • Bank • ICCU Administration • CPA firm • Realty firm There is a strong mix of commercial and commercial services in this area that provide many family- wage jobs. This is partially because Silverstone, Norco, and ICCU have brought commercial service development to the area. While family-wage job growth is good, a secondary impact of these developments is increased peak traffic on Overland and Eagle. There are only two entry/exit points in the new Eagle Commons/Rackham development and both feed into Overland. The impacts to the 1-84 Eagle entrance/exit are also significant. Is there a sense of place? The design elements of the commercial and residential projects in this area create a strong sense of identity and place. The symmetrical design of the Rackham commercial development and proposed mix of services like the outdoor entertainment area, retail development, ICCU, and proposed multi-family apartments add to its character. Page 539 2018-2020 Land Use Analysis Item#16. Other developments in the area are less intentional about their design, but also have strong sense of place. For example, the developments around Majestic cinemas are iconic due to their proximity to 1-84. The area is missing a common area for people to enjoy, but still provides a good mix of services, entertainment, and retail. The proposed Seasons at Meridian apartment complex has strong design elements to create a sense of place. Overall, the entire zone has character and a varied mix of services to let residents enjoy their experience. However, the potential of this area is dependent on improved accessibility and connectivity. If residents have too much difficulty getting to around or getting to these different complexes, they will not go. Unfortunately, the Eagle/Overland intersection is a roadblock to accessibility and connectivity in the area. While this area has a great mix of services, it lacks the type of commercial services that a resident would need such as a grocery store. If the 360-unit apartment complex is approved, residents will need Winco Foods follow through on their proposed plan to build a new grocery store adjacent to the proposed apartment complex. Without those services residents would be forced to use Overland Road for their everyday necessities which would increase trip count and reduce quality of life for residents. It is also important to note that sound and pollution that exist along the busy intersection and freeway may impact the health of residents. In conclusion, traffic impacts could severely affect both the commercial and proposed residential portions of this mixed-use area therefore, connectivity and accessibility should be a high priority as future developments and infill development is considered. Page 540 2018-2020 Land Use Analysis Item#16. Commercl 1 2018-2020 What is a Commercial Area? • • Commercial areas are the red areas designated in - • • - • • the Future Land Use Map. These areas should provide a full range of commercial uses to serve area residents and visitors (Comprehensive Plan, 2019). Desired uses are: o* • Retail, + • Restaurants, � • Personal and professional services, L-ihra • Office uses, R� o a 6 • Appropriate public and quasi-public uses and, • Appropriate multi-family residential. Multi-family residential projects in commercial areas should promote a high quality of life through thoughtful site design, connectivity, and amenities. b h. Sample zoning include: C-N, C-C, and C-G. Page 541 2018-2020 Land Use Analysis Item#16. 2018-2020 commercial projects were . 93% NON - RESIDENTIAL Mo RESIDENTIAL 093% What residential projects occurred The 2018-2020 residential projects that in a commercial area? occurred in a commercial area match the Project Acres # of Units specifications laid out for residential projects in commercial areas. Both 162 projects are located behind commercial buildings and were designed to 102 complement commercial developments. In fact, McMillan Independent Living is a qr senior living center and is therefore a 35.32 partially commercial project. Since both 6.23 residential projects meet the McMillan Lost Rapids Apartment specifications identified in the Independent Living (C-G) Complex (R-40) Comprehensive Plan, a case study is not included. Total Commercial Total Commercial Project Acres by Zone Number of Projects by Zone 2018-2020 2018-2020 142 20 5 3 3 2 2 2 2 2 1 1 C-G R-40 C-C C-N L-O R-8 C-G C-C C-N L-O R-40 R-8 Page 542 2018-2020 Land Use Analysis Item#16. City of Meridian Unofficial 2018-2020 Land Use Analysis Prepared by Lila Klopfenstein, MPA Student, Boise State University Page 543 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development Department: Fiscal Year 2021 Budget Amendment in the Amount of$37,700.00 for Professional Services Related to the Creation of the Linder Urban Renewal District Page 544 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: June 8, 2021 Presenter: Cameron Arial Estimated Time: 5 minutes Topic: Community Development Department: FY2021 Budget Amendment in the Amount of$37,700 for Professional Services Related to the Creation of the Linder Urban Renewal District Recommended Council Action: Approval of Budget Amendment in the amount of$37,700 to fund professional services related to the creation of the Linder Urban Renewal District. Background: The establishment of the Linder Urban Renewal District can provide mechanisms to fund the Linder Road overpass, spur private investment, and help fund the costs of other qualifying public infrastructure improvements. The concept of the Linder Urban Renewal District was presented at the April 13, 2021 City Council meeting. The seven- to nine-month process to create a new urban renewal district is quite involved and encompasses many state code-required actions and milestones that necessitate the legal and technical expertise of professional consultants well-versed in the process. MDC has approved contracts with legal, professional, and technical consulting entities to assist with the processes for several urban renewal actions. The City is only reimbursing costs related to the creation of the Linder Urban Renewal District.An agenda item for the approval of a Memorandum of Agreement between the City and MDC providing for reimbursement follows this item. MDC is responsible for costs related to all other current urban renewal actions. The attached budget amendment in the amount of$37,700 will provide the funding for the City to reimburse MDC for the following estimated costs to create the proposed Linder Urban Renewal District: Elam&Burke up to $20,000 Phil Kushlan 12,500 Civil Survey 5,200 Total $37,700 Page 545 Item#17. �sed 7 //;; ■i IIR❑ConceP � .,/�6 0%n,Tr9[Rff�'i 7�%%%�// . n � Rainbow% i /Honker _ 7en'hila ReventieX Maripn0or �� o%// i / Nloc=aUon Nra y8 �q�f //�1 7 ''_ Si54 v y �bfth Ifs FiHrl Orelrlcnd � LL `� b i]aV-npprtL Wooa:ndn& �yaf/j/�8Q N. ///iA / r Linder - oe�m marya I .a.aaaw.�w keae trtM ta.xK iaombra � a ommo Future Actions: As the urban renewal process to create the Linder Urban Renewal District moves forward,the City Council will have at least three future opportunities to review and comment—upon presentation of the required eligibility report, presentation of the draft Urban Renewal Plan, and public hearings and final adoption of the Plan. Attachments: Approved Budget Amendment Request Page 546 L a � U a o cr LO a c J E O LL C N C E C C Q (D C) E N z z r O 2 a t +, E E z CL£ £ _ CD N N = N El El O v v > > ' N N N �/i M v b } Q LG. o 0 I. 0 +' \ a N v o V Y Y u ` a u u `^ o m m L6 y E • C > > c �� w � E £ E ° `n " O E m H d o o m c a E o Q � p a % U U O_ w N N V �' iA U 7 N o 0 " o C " N Cl w v E E E E M y o N E F 0 m m m E z O a > m w LL o c c a - O y '° O I N c U° +r ;� m v � R m m C r CD 4� y L- a 0 o o N N a LL � �� e o o ^ o Ll O «@ n w c C m p m M v o 0 a J y o m c w Q o v n n n n n n n n n n n n n a c c Q u d G1 N c > 4— C i+ 00 LL O _ +M a+ O 0 F a ~ u ° Q m F y c Q O U Q U ma O T O O (y v 0 0 N m H m m m m > N F o F F uLL o LL cz VT VT VT VT VT V} y} y} y} y d 0 C W O 0 LL Q i V O m > N L Y G u ON fl NW M ybO LL •~ GJ 7 U = U E .0 v m � � o a o ix a a Q cu O o a0 O p a) a O Cp O O O u N aM E E >. a a a \ O Y C \ W \ \ L9 .E u w `p L9 p l7 V' d 0 7 LL a E a SG Sk SC Si } N •p O O O O O O O O O O O O O O O O O O O O O 0 •p O O O O O 0 •p O O O N O d d d d U N H LL E �L i4 A ID J O O N O N E N N N O > `~ E N N N N \ N \ \ a N O N c l'J V' C7 N N E y H i Q o 0 0 0 0 0 0 o C 0 0 0 0 0 0 0 0 0 0 0 0 M 0 � 0 0 0 0 0 0 O � 0 0 0 O@ m y M M M M M M M M M M M M M M M M M M M M M M ++ Q a, m m m m m m m d amam, a, a, a, a, a, a, w a, m m m m rn O w a, a, a, C� > o Q C ti ti ti ti ti ti 0 .--i �� N ti ti ti ti ti ti ti ti ti ti ti ti �� N ti ti ti ti N C � ti ti ti O � N U W C LL LL cu N A C y O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '^�•� a 0 0 0 0 0 0 ; 0 0 0 LL LL LL CU LL O r Item#17. :21 AM City of Meridian FY2021 Budget Amendment Form Personnel $ - $ $ $ $ I—L—tionsr nsub—ittSng Budget Amendments: Operating $ 37,700 $ $ $ $ ➢Department will send Amendment with Directors signature to Finance(Budget Analyst)for review Capital $ - ➢ Finance will send Amendment to Council Liaison for signature Total $ - $ 37,700 $ $ $ $ ➢coun[il❑ais­sill send signed Amendment to Mayor Total Estimated Project Cost: $ 37,700 ➢ Mayor well send signed Amendment to Finance(Bnaget Analyst) Evaluation Questions ➢ Finance(Budget Analyst)will send app-c!copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢Department will add copy orAmenciment to C«,neil Agenda using Ivorus Agenda Manager 1. Describe what is being requested? Professional Services allocation to reimburse Meridian Development Corporation for costs associated with the creation of the Linder Urban Renewal District. 2. Why was this budget request not submitted during the current fiscal year budget cycle? During the FY2021 budget planning cycle,a new urban renewal district in this area was not being considered.Since that time,it was determined that a new district in this area should be explored as the need for a funding source for the Linder overpass and other necessary infrastructure improvements to address growth demands became evident,as well as concerns that future urban renewal actions could be significantly curtailed. 3. What is the ex lanation for not submittin this budget request during the next fiscal vear budget c cle? In order to utilize current base year valuations,the process to establish a new urban renewal district,which spans several months,must be complete by the end of the calendar year. Some of these costs have already been incurred by Meridian Development Corporation.This is part of a larger effort to advance the City's prioritization of the Linder Road overpass project. 4.Describe the proposed method of funding? If funding is split between Funds(i.e.,General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. The establishment of the Linder Urban Renewal District,providing a funding source for needed public infrastructure improvements,will spur private investment resulting in new development. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? This request aligns with four goals in the City Strategic Plan: Responsible Growth-Utilize impact fees,cooperative agreements,urban renewal districts and other tools to ensure that development pays it proportionate share of services impacts. Transportation&Infrastructure-Advance construction of transportation projects on priority arterial roadways to reduce commute times and improve efficient movement within and about Meridian. Business&Economic Vitality-Utilize urban renewal areas and specific area plans to promote business investment in targeted areas to meet community needs. Government Excellence-Pursue solutions to ensure growth pays for itself in areas of education,transportation and other government provided services to achieve community priorities. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. N/A 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) 9.Any additional comments? Total Amendment Request $ 37,700 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 548 City of Meridian FY2021 Budget Amendment Form F:\BUDGET\FY2021\Amendments\FY2021 Budget Amendment Form-Linder URD CA sign Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Community Development Department: Memorandum of Agreement and Amended Memorandum of Agreement Between the City of Meridian and Meridian Development Corporation for Cost Sharing for Urban Renewal District Creation Page 549 Item#18. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: June 8, 2021 Presenter: Cameron Arial Estimated Time: 5 minutes Topic: Memorandum of Agreement and Amended Memorandum of Agreement between the City of Meridian and Meridian Development Corporation for Cost Sharing for Urban Renewal District Creation Recommended Council Actions: 1. Approval of Memorandum of Agreement- Cost Sharing for Urban Renewal District Creation ("Original MOA") between the City and Meridian Development Corporation for reimbursement of consulting costs paid by Meridian Development Corporation ("MDC"). 2. Approval of the First Amendment to Memorandum of Agreement- Cost Sharing for Urban Renewal District Creation ("Amended MOA") between the City and Meridian Development Corporation for reimbursement of consulting costs paid by MDC related to the creation of the Linder Urban Renewal District. Background: The concept of the Linder Urban Renewal District, and other urban renewal actions being explored, was presented at the April 13, 2021 City Council meeting. The seven-to nine-month process to create a new urban renewal district is quite involved and encompasses many state code-required actions and milestones that necessitate the legal and technical expertise of professional consultants well-versed in the process. MDC has approved contracts with legal, professional, and technical consulting entities to assist with the processes for several urban renewal actions. The City is only reimbursing costs related to the creation of the Linder Urban Renewal District. MDC is responsible for costs related to all other current urban renewal actions. Before the MDC-approved Original MOA was agendized for City Council approval, City and MDC staff received additional direction and a development opportunity arose, resulting in a reprioritization of properties to be deannexed from the Meridian Urban Revitalization District and necessitating amendment to the Original MOA. The Amended MOA, already approved by the MDC Board, removes City responsibility in Section I. A. for costs associated with "the deannexation of the city hall parking lot from the current downtown district and annexation thereof in to the Union District." Page 550 Item#18. The City Attorney's Office has advised that the City Council should approve both MOAs. The Original MOA should be approved first. The Amended MOA will become the document in effect upon approval and provides for reimbursement of only those costs associated with the creation of the Linder Urban Renewal District (referred to in the MOAs as the "Ten Mile to Linder District"). The establishment of the Linder Urban Renewal District can provide mechanisms to fund the Linder Road overpass, spur private investment, and help fund the costs of other qualifying public infrastructure improvements. wee"e / iYgr�owni/rouc�t�/'Y �IIR❑Concept / j ii I� / i i j/�//- O EalsTrg RD hcursion _ 5 //Qdihhaw% ,p /Y" E MPZ 2T Alloadan•Area / �ij' iKiS."�S' Y /,,7/ 6aknon / 04 a oy�a�a - F �� Flower c g/oare��rt .'A' 1,000 Linder District .. _ �R+m�M moo,.mory� .1!Ma omW mammy hr V.41 d kgae2m.mtaavw.rKmManw�cw ofiiM on Merin mop. Future Actions: As the urban renewal process to create the Linder Urban Renewal District moves forward, the City Council will have at least three future opportunities to review and comment—upon presentation of the required eligibility report, presentation of the draft Urban Renewal Plan, and public hearings and final adoption of the Plan. Attachments: Memorandum of Agreement Amended Memorandum of Agreement Page 551 Item#18. MEMORANDUM OF AGREEMENT COST SHARING FOR URBAN RENEWAL DISTRICT CREATION This MEMORANDUM OF AGREEMENT FOR COST SHARING FOR URBAN RENEWAL DISTRICT CREATIUON COSTS("Agreement")is made this 31st day of March 2021 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("MDC"). WHEREAS,MDC and the City mutually desire to consider the creation of two new urban renewal districts and de-annexation of the city hall parking lot from the current downtown district and annexation thereof into the Union District as noted in Exhibit A attached hereto and incorporated herein; WHEREAS,the parties desire to share in the costs the consultants needed to prepare the analysis and documents necessary to consider the creation of the new urban renewal districts and de-annexation from the existing district and annexation into the Union District; WHEREAS,MDC is willing to enter into the contracts for the consultants necessary to complete the all of the work and the city is willing to reimburse MDC for the expenses paid by MDC for said consultants related to the creation of the new Ten Mile to Linder district and the de- annexation of the city hall parking lot from the current downtown district and annexation thereof in to the Union District. The agreements with said consultants are attached hereto as Exhibit A. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Parties agree as follows: I. CITY's RESPONSIBILITIES. A. Reimburse MDC. Between March 31,2021 and January 31,2022,City agrees to reimburse MDC for the invoices paid by MDC for the services provided by the consultants identified in Exhibit A for the creation of the new Ten Mile to Linder district and the de- annexation from the current downtown district and annexation of the city hall parking lot into the Union District. City to pay invoices from MDC for reimbursement within thirty (30)days of the date of said invoice. II. MDC's RESPONSIBILITIES. A. Contracting Party. MDC will be the contracting party with the consultants identified in Exhibit A(Consultants)and MDC shall be responsible for payment to the Consultants. MDC will invoice the City for the amounts billed under the agreements with Consultants and paid by MDC for those portions of the work for which the city is responsible to reimburse MDC. MDC will attach a copy of the applicable billings from Consultants with each invoice. 2021 MOA MDC AND CITY FOR COST SHARING NEW URDS PAGE 1 OF 4 Page 552 Item#18. III.GENERAL TERMS. A. Term. This Agreement begins March 31,2021 and shall remain in effect through January 31,2022. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail,addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres,Administrator 33 E.Broadway Avenue 104 East Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement,and supersedes all prior agreements,understandings,negotiations,representations,and discussions,whether verbal or written,of the parties pertaining to that subject matter. The Agreement may not be changed,amended,or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement for default by providing thirty (30)days written notice of termination and default to the other party. If the defaulting party cures said default within said thirty(30)day period then said party will not be deemed to be default of this Agreement. E. Severability. If any part of this Agreement is held to be invalid or unenforceable,such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County,State of Idaho. G. Appropriation. Notwithstanding anything in this Agreement to the contrary,the party's obligations under this Agreement shall be subject to and dependent upon appropriations being made by their respective governing boards for such purpose. If a party fails to appropriate the funds applicable to this Agreement the Agreement will be deemed terminated. 2021 MOA MDC AND MY FOR COST SHARING NEW URDs PAGE 2 OF 4 Page 553 Item#18. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. ME ' DEVELtOPMENT CORPORATION: Attest: Dave Winder Chairman S t Vlasse ; Secretary CITY OF MERIDIAN: Attest: Robert Simison, Mayor 6-8-2021 Chris Johnson, City Clerk 6-8-2021 2021 MOA MDC AND CITY FOR COST SHARING NEW URDs PAGE 3 OF 4 Page 554 Item#18. Exhibit A 2021 MOANDC AND CITY FOR COST SHAMONEW URDS PAGE4 of 4 Page 555 Item#18. MEGHAN SULLIVAN CONRAD ELAM & BURKE RYAN P.ARMBRUSTER ATTORNEYS AT LAW 251 East Front Street,Suite 300 Post Office Box 1539 Boise,Idaho 83701 Telephone 208 343-5454 Fax 208 384-5844 E-mail: mscPelamburke.com rpa @elamburke.com March 22, 2021 Meridian Development Corporation c/o Ashley Squyres meridiandevelopmentcoi-o@2mail.com Re: Employment of Elam &Burke Dear Ashley: Thank you for considering Elam&Burke, P.A. ("Firm") to assist The Urban Renewal Agency for the City of Meridian, also known as Meridian Development Corporation ("MDC"), on certain limited legal matters relating to deannexing certain parcels from and amendment of the Meridian Revitalization Plan Urban Renewal Project("Second Deannexation to the Downtown Plan") and preparation of a plan amendment to expand the Union District Project Area(the"Union District Amendment"), and the preparation of one or more new urban renewal/revenue allocation areas, and adoption of one or more urban renewal plans within the city of Meridian (the "City") (the "New Plans"). The purpose of this letter is to confirm our agreement with you about what services are to be performed in connection with the preparation and approval of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans for the Project Areas. The Firm is engaged to facilitate the preparation of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, which includes preparation of a number of documents set forth below: For the Second Deannexation to the Downtown Plan * Second Deannexation to the Downtown Plan approval timeline * Second Deannexation to the Downtown Plan,including an updated financial feasibility study as may be necessary (updated study to be prepared by consultant but reviewed by counsel) Follow up with MDC counsel concerning lender/developer consents • MDC resolution approving the Second Deannexation to the Downtown Plan • Correspondence to the City formally submitting the Second Deannexation to the Downtown Plan for approval * Public hearing publication notice Review Planning and Zoning findings of conformity Page 556 Item#18. March 22,2021 Page 2 * Correspondence to taxing entities concerning the proposed Second Deannexation to the Downtown Plan and public hearing notice * City Council ordinance approving the Second Deannexation to the Downtown Plan O Post-ordinance adoption letters to state tax commission,county officials, and others regarding filing and recordation of documents Post-ordinance adoption letters to the taxing entities Coordination with City Attorney For the Union District Amendment and the New Plans • Union District Amendment and New Plans approval timelines v MDC resolution approving each eligibility report for the Union District Amendment and the New Plans * City Council resolution approving each eligibility report and authorizing preparation of the Union District Amendment and the New Plans • Preparation of the Union District Amendment and the New Plans * MDC resolution approving the Union District Amendment and each New Plan • Correspondence to the City formally submitting the Union District Amendment and each New Plan for approval • Public hearing publication notice • Review Planning and Zoning findings of conformity Correspondence to taxing entities concerning the proposed Union District Amendment and each New Plan and project area/expansion area and public hearing notice Coordinate with MDC Attorney and City Attorney regarding agreement with the Ada County Highway District for the expansions area in the Union District Amendment and for the New Plans regarding Idaho Code Section 50- 2908(2)(a)(iv) City Council ordinance approving the Union District Amendment and each New Plan • Post-ordinance adoption letters to state tax commission,county officials, and others regarding filing and recordation of documents * Post-ordinance adoption letters to the taxing entities Coordination with City Attorney The Second Deannexation to the Downtown Plan accomplishing the deannexation of parcels from the existing 2002 Project Area will have to be fully completed on or before the fourth Monday in July. As always, potential legislation is a concern. To that end, the proposed timeline for the Second Deannexation to the Downtown Plan contemplates completion prior to July 26, 2021. It is possible, the Union District Amendment and the New Plans timeline could slip to December 31,2021, and would have a January 1, 2021, base year. For this timeline to hold, there will need to be significant coordination by and between City and MDC staff. It is possible, the timeline for the Union District Amendment and New Plans could slip to the first Page 557 Item#18. March 22,2021 Page 3 quarter of 2022. For the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, many of the documents will need to be reviewed and approved by counsel for MDC and the City Attorney. We understand one (1)New Plan and the Second Deannexation to the Downtown Plan and Union District Amendment will be spearheaded by MDC, while one(1) New Plan will be primarily directed by the City. The engagement for the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans will be with MDC as MDC will implement the plans/project areas. We will coordinate with you on identification of critical team members on any communications. We understand there may be a memorandum of understanding by and between MDC and the City related to the planning efforts. The above scope of work does not include preparation of the eligibility reports; however, it does include review and comment on the eligibility reports prepared by an independent, third- party consultant prior to approval.Typically,the independent consultant would also be able to prepare the necessary attachments to the plans/plan amendment referred to as the economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would assist the consultant in the preparation of the economic feasibility study and review the study's content but would not be responsible for the preparation of the data or the analysis of the data. For this scope of work,it is contemplated we would engage as subconsultants Kushlan Associates to assist in the preparation of the reports, studies, and other documents listed above. While those subconsultants will be engaged by Elam and Burke,the subconsultants will invoice MDC directly. Additionally,the above scope of work does not include retention of a surveyor or engineer to prepare the necessary maps and legal descriptions.This will be a critical step in proceeding with the Second Deannexation to the Downtown Plan. As noted above, we recognize there will need to be close coordination with MDC and the City as to the scope of respective responsibility. Based upon the above scope of work,our experience has been the amount of legal services incurred totals an estimated$25,000 for each new urban renewal plan and$20,000 for each of the Second Deannexation to the Downtown Plan and the Union District Amendment,plus up to$20,000430,000 for the consultant to review the areas for eligibility, prepare the eligibility report, and prepare the necessary financial attachments to each new plan and/or plan amendment. These estimates are dependent on a straightforward proposed project and plan/plan amendment. Complex uses and opposition from other taxing entities and the public could substantially increase those estimates. For the scope of services to be provided, the Firm charges $250 per hour for shareholders and of counsel, $200 per hour for associates, and$100 per hour for paralegal time. I will serve as the primary contact on any engagement. Please understand we will bill you for all attorney and/or paralegal time expended on the legal work we do for you. This will include, among other things, time spent in appointments, Page 558 Item#18. March 22, 2021 Page 4 meetings, telephone calls,consulting with others, and attending Meridian City Council and/or MDC Board meetings. While we do not need to be physically present at all meetings related to the eligibility report approval process and/or the plan and/or plan approval process, there are specific points in the process where personal attendance is strongly recommended, such as any work sessions between MDC and City, work sessions/meetings with Ada County,MDC approval of the eligibility report and the plans/plan amendment, and City Council approval of the eligibility report and plans/plan amendment. Otherwise, we may be able to be present telephonically and/or virtually at meetings depending on the will of the Board. Due to our relationship, the Firm will not seek a retainer on these matters. We will charge fees for services at our standard hourly rates and as noted above. Our fees are based on the amount of time required at various levels of responsibility, plus costs and expenses. Fees and costs will be billed monthly and are payable upon presentation of our invoices. If fees and costs are not paid within thirty(30)days following the invoice date, we may terminate our engagement but retain the right to collect all amounts due and unpaid by you. The estimated total attorney fee cost for legal work is an estimate only. The ultimate cost of work to the client is determined by many factors that cannot be predicted. In order to facilitate the approval process,reduce the overall cost, and provide the most efficient method for the approval of the New Plans, the Second Deannexation to the Downtown Plan, and the Union District Amendment, several activities would need to be accomplished by MDC resources or City officials: 1 . Distribution and publication of the required notices and other documents which must be provided under state law. 2. Filing and recording of the required documents with the taxing entities, the County Assessor, County Recorder, and Tax Commission. :3_ Input and assistance from the City and others on the desired or required public improvements and facilities and cooperation from property owners or others on potential new development within the proposed new and/or amended project area. We understand the New Plans and the Union District Amendment Project Areas are anticipated to have a 2021 base year. After receiving additional information from MDC, we can provide potential timelines for the for the new plans and the proposed plan amendments. Please call if you have any questions about anything contained in this letter. We appreciate the opportunity to work with MDC on this assignment, and we want our relationship with you to be a good one. If this proposal meets with your approval,please so indicate by your execution of a copy of this letter and return of the same to our attention. Please retain a signed copy for your records. Page 559 Item#18. March 22,2021 Page 5 Conflicts of Interest Notice of potential conflicts of interest. Before accepting any new business, the Idaho Rules of Professional Conduct(the "Rules") require us to evaluate whether there exist any ethical constraints to representing MDC in connection with preparation and approval of the New Plans, the Second Deannexation to the Downtown Plan and/or the Union District Amendment. We have completed a conflicts of interest check within our Firm and advise you the Firm previously represented Galena Opportunity Fund ("Developer") as local counsel to the Developer related to the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the"First Amendment")and the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Project"). In addition, the Firm currently represents Mirazim Shakoori ("Shakoori") also known as Treasure Valley Investments, LLC, an owner of property located in the Meridian Ten Mile Urban Renewal District (the"Ten Mile Project") concerning property disposition and property development.The relationship between MDC and Developer and MDC and Shakoori may create a technical adversity between the parties and as described in the Rules presents a concurrent conflict of interest for the Firm in its representation of MDC. Under the ethical rules applicable to our profession, it would be a conflict of interest for the Firm to simultaneously represent one client(you) in a matter that is adverse to another client (Developer and Shakoori)even if the matters involving our representation of the other client and you are wholly unrelated and if different lawyers do the work. Additionally, it would be a conflict of interest if there is a significant risk that the representation of MDC would be materially limited by the Firm's responsibilities to Developer and Shakoori. Under the ethical rules, the Firm believes the conflict that exists here can be waived if all clients involved give their informed written consent after consultation. Accordingly,we are asking that you, as part of this engagement agreement, agree that you will waive any conflict with respect to the Firm's representation of Developer and Shakoori in its current and future matters that it may bring to the Firm, so long as the representation of you by the Firm will not serve as grounds to move for any disqualification of the Firm in its representations of Developer and Shakoori in its matters. We have requested similar agreements from Developer and Shakoori. While the representation of Developer and Shakoori are not directly adverse to MDC, it is important to recognize the relationship between Developer and MDC and Shakoori and MDC, and the potential for conflict. Developer worked with MDC on the First Amendment to subsequently create the Union District Project. The Firm did not represent Developer in negotiating any agreement with MDC concerning the reimbursement to Developer for the cost of certain eligible expenditures from revenues allocated to MDC from the increment generated by the improvements within the Union District Project. Shakoori has conveyed certain property to SCS Brighton LLC ("Brighton") for redevelopment in the Ten Mile project area. The conveyance included property which provided needed access and improvement. The agreement Page 560 Item#18. March 22,2021 Page 6 with Brighton included consideration for the value of the property conveyed by Shakoori. Shakoori may seek additional opportunities to partner with MDC on certain projects within the Ten Mile District in the future. The Rules require that we advise you of the risks of your granting the waiver. The first is that the Firm may be less vigilant and effective in representing MDC because of the allegiance that it owes to Developer and Shakoori. We do not believe that this risk is significant because of the dissimilarities in the representations and the mutual interests of MDC and Developer and MDC and Shakoori. The second risk is that the Firm has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client's interest and the right to expect that the lawyer will use that information to that client's benefit. As a result, information may be shared, and should MDC decide that some matter material to the representation should be kept from Developer and Shakoori, then the Firm will be required to withdraw its representation.To the extent certain information should be kept confidential, both Developer and MDC and Shakoori and MDC would be required to agree and consent on the scope of any confidentiality. Finally, due to the relationship between the entities, it must be assumed if litigation occurs between Developer and MDC and Shakoori and MDC, the attorney-client privilege will not protect communications with counsel from disclosure. Because of the importance of sharing information to assess any potential concern, you and the Firm agree to keep each other informed of current circumstances. There is no claim or lawsuit currently pending between MDC and Developer or MDC and Shakoori. Should a claim or issue arise by and between MDC and Developer and MDC and Shakoori,the Firm would not be able to represent the interests of either MDC or Developer or Shakoori and would withdraw its representation. Any other future conflict between MDC and Developer and MDC and Shakoori is difficult to predict. The Firm understands advance consent of future conflicts is dependent on the particular circumstances. The Firm will advise you of circumstances that may be perceived as a potential conflict and request your specific consent in those circumstances. Based on the foregoing, under Rule 1.7(b) of the Idaho Rules of Professional Conduct: (a) the Firm reasonably believes that it will be able to diligently represent its clients; (b) the proposed representation is not prohibited by law; (c) the representation as proposed will not involve assertions of claims by one client against the other represented by the Firm in the same matters; and (d)each affected client has,or will,provide informed consent in writing. Waiver A waiver of a conflict of interest implicates legal issues for you, including issues as to the nature and scope of the waivers and their potential significance for you.The Firm is not disinterested as to such issues and,therefore,cannot advise you on them. Should you have questions,we recommend you seek advice of your general counsel on this matter. Pursuant to such consultation and the matters discussed herein, we will treat your acceptance of this letter as informed consent to our current conflict of interest with Developer and Shakoori. Page 561 Item#18. March 22, 2021 Page 7 A0nv:rl If the foregoing terms of this engagement are acceptable to you, please obtain the required and applicable approval and return a signed copy of the enclosed letter, retaining an original for your i-11es. We are pleased to have the opportunity to serve as your counsel on these limited scopes of representation and look forward to a mutually satisfactory and beneficial relationship. We are deeply committed to the proposition that our clients must be satisfied with the quality of our services as well as the amount of our charges. Our effectiveness and your best interest are enhanced by an atmosphere of candor and confidence between us, not only as to the facts and circumstances of the legal issues on which we are working, but also as to the attorney-client relationship itself. If at any time you have questions concerning OLIr work or our' tees, we hope that you will contact us immediately. Sincerely, EL,AM & BURKE A Professional Associalion Meghan S. Conrad l R ;rn P. Armbrumcr MSC/ksk Page 562 Item#18. March 22,2021 Page 8 Accepted and Approved: MERIDIAT-�DEVELOPMENT CORPORATION B ~� Y 1�tirrnain I3a#ed 482MO65-8401,v.3 Page 563 Item#18. General Scope of Work Legal Consultant—Phil Kushlan $200/hr. Complicating Factors Plan Amendment to Deannex Parcels from the Timeline; Preparation Preparation of Economic Impact Analysis • Timing; will likely need to be completed Downtown Project Area of the Plan • Review impact removal of parcels has (city council ordinance adopting the • Sub Area 1: Parcels in/around the Northern Amendment; Process on the Downtown District plan amendment) on or before 41n Gateway Area is the same as a new . Consider impact on any outstanding Monday in July • Sub Area 2: City Hall Parking Lot Parcel plan obligations (MOUs, bonds, etc.) -this • Survey/Legal for the deannexed areas would require sign-off by MDC will need to be done ASAP Estimate for scope of Counsel work$10,000- $15,000 Estimate for scope of work$10,000 (there are quite a few parcels subject to the analysis; could be less depending on data to be provided by Ada County) Plan Amendment to Annex Sub Area 2 into the Union Timeline; Preparation Review of Sub Area 2 for eligibility. • Timing; to be completed(city council District Project Area of the Plan Preparation of the Eligibility Study ordinance approving the new plan) on or Amendment; Process before 12/31/21 is the same as a new Estimate for scope of work related to the . Survey/Legal would have been done as plan study: $3,000 part of the deannexation scope Estimate for scope of Preparation of the updated economic work$10,000- feasibility study $15,000 Estimate for the scope of work related to Assumes MDC the updated economic feasibility study: Counsel will negotiate $3,000 the ACHD agreement for the amended area Ten Mile to Linder Plan and Project Area Timeline; Preparation Review of the proposed geographic area for . Timing; to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan) on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for scope of work related to the ASAP study: $5,000 Page 564 Item#18. Estimate for the • Includes parcels outside the City limits scope of work Preparation of the economic feasibility study in unincorporated Ada County; consider $15,000420,000 annexing parcels into the City ASAP,- Estimate for the scope of work related to otherwise legal costs could increase as Assumes MDC the economic feasibility study: $7,500 will need to address County Counsel will negotiate consideration of the eligibility study and the ACHD agreement County ordinance/intergovernmental agreement Northern Gateway Plan and Project Area Timeline; Preparation Review of the proposed geographic area for • Timing; to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan) on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for the Estimate for scope of work related to the ASAP—current boundaries are scope of work study: $7,500 unknown $15,000420,000 • Number of parcels is greater than the Preparation of the economic feasibility study Ten Mile to Linder Project Area Assumes MDC • Includes parcels outside the City limits Counsel will negotiate Estimate for the scope of work related to in unincorporated Ada County; consider the ACHD agreement the economic feasibility study: $10,000 annexing parcels into the City ASAP,- otherwise legal costs could increase as will need to address County consideration of the eligibility study and County ordinance/intergovernmental agreement Page 565 Item#18. MERIDIAN development corp. REVIVE • RENEW- REDEFINE TASK ORDER AGREEMENT PURSUANT TO PROFESSIONAL SERVICES AGREEMENT - ENGINEERING - This is Task Order(TO) to provide surveying services for the creation of two new urban renewal districts and changes to existing districts is executed pursuant and subject to the Professional Services Agreement between Civil Survey Consultants, Inc. (Consultant),and the Meridian Development Corporation(MDC) dated January 23,2019 (Agreement). WHEREAS, MDC and Consultant entered into the Agreement to provide engineering and surveying services on an ass needed basis with future services to be performed pursuant to task orders. WHEREAS, the Parties desire to execute this TO as described herein; NOW THEREFORE,for good and valuable consideration the Parties agree as follows: 1. The parties agree that Consultant will perform the surveying services to assist in the creation of two new urban renewal districts and changes to existing districts as noted the attached Scope of Work (See Exhibit A attached hereto and incorporated herein). This TO is issued pursuant and is subject to the Agreement between MDC and Consultant. This TO shall be effective March 31, 2021. This TO shall be completed in accordance with the terms of the Agreement. MERIDIAN DEVELOPMENT CORPORATION CIVIL SURVEY CONSULTANTS, INC. By. By. Printed Name: Dave Winder Printed Name: Matt Hart Title: Board Chair Title: President Attest: ssek, Secretary 1 � Page 566 Item#18. Exhibit A-.-Scope of Work CIVIL SURVEY CONSULTANTS, INC. FOR MERIDIAN DEVELOPMENT CORPORATION SCOPE OF WORK FUTURE URBAN RENEWAL PLAN LEGAL DESCRIPTIONS (NORTHERN GATEWAY, OVERLAND —TEN MILE TO LINDER, UNION DISTRICT MODIFICATION & DEANNEXATION OF SAME PORTION FROM DOWNTOWN URD) PROJECT UNDERSTANDING Aleridian Development Corporation (h:1DC) has identified three areas in Meridian that are proposed to be part of a future Urban Renewal Plan: • Northern Gateway: generally located in the vicinity of the intersection of N. Meridian Road and E. Fairview Avenue east to approximately N. Jericho Road. • Overland — Ten Mile to Linder: generally bounded by S. Ten fAile Road, W. Overland Road, S. Linder Road, and Interstate 84_ • Union District Modification and Downtown URD deannexation: Addition of a portion of the r0eridian City Hall Eastside parking lot to the existing URD and deannexation of same area from original downtown urban renewal district. The Surveyor shall prepare a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. SCOPE OF WORK Task 1 —Administration 1.1 Project Management—Provide ongoing management of project, including regular status updates and coordination with MDC. Task 2—Surveying and Data Collection 2.1 This task includes work associated with surveying duties performed in the field required to establish property boundaries. 2.2 This task includes office work associated with research of relevant subdivisions, parcel deeds, records of surveys, and right-of-way acquisitions in the Ada County Recorder's Office required to establish property boundaries. SD:'i—Fuhare Urban Renewal Plan Legal Des_p icas Page 1 of c Civil Survey Con ult3nis.Inc March 25,2021 2 � Page 567 Item#18. 2.3 This task includes office work associated with establishing, calculating, and drafting the property,boundaries. Task 3—Document Preparation 3 1 This task includes preparing a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. This does not include legal descriptions for individual parcels within the Urban Renewal Plan exterior boundaries. ASSUMPTIONS • Easement preparation is not part of the scope of work. • Title reports are not part of the scope of work. TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE NORTHERN GATEWAY URD Task Description Due Date Compensation 1 Adni[ntstration 60 da's front notice to proceed $290.D0 2 Surveling,and Data CoPect on 60 da from notice to proceed $6,125.00 3 Document Pre araton 60 days front notice to proceed $890.D0 NORTHERN GATEWAY URD TOTAL:$7,305.00 COMPENSATION AND COMPLETION SCHEDULE OVERLAND—TEN MILE TO LINDER URD Task Description Due Date I Compensation 1 Administration 60 days from notice to vroceed 5�90.D0 2 Survefng and Data Col`.ecUon 60 days from notice to proceed $4,1 65.00 3 Document Preparaton 60 days from notice to proceed $745.00 OVERLAND—TEN MILE TO LINDER URD TOTAL:$5,200.00 COMPENSATION AND COMPLETION SCHEDULE UNION DISTRICT MODIFICATION URD&DEANNEXATION OF SAME PORTION FROM DOWNTOWN URD Task DescrilLtion Due Date Complansation 9 AdnWstration 60 days from notice to proceed $290.00 2 Sur., n0 and Data Col ecton 60 days from notice to proceed $1.750.00 3 Document Preparaton 60 days from notice to proceed $245.D0 UNION DISTRICT MODIFICATION URD&DEANNEXATION TOTAL:$2 285.00 GO'A'—Futa;a Urban Reneeral Plan Legal nest-•Jcns Page 2 of o Civil Surrey Consulta,,7 s,Inc. March 25.2C?1 3 Page 568 Item#18. COMPENSATION AND COMPLETION SCHEDULE TOTAL SCOPE OF WORK Task Description Due Date Compensation 1 Acnfnistration 60 days from notice to proceed $870.00 2 Suryeenq and Data Colrecton 60 days from notice to proceed $12 040.00 3 Document Preparation 60 days from notice to proceed $1 M0.00 SCOPE OF WORK TOTAL:$14,790.00 The Not-To-Exceed amount to complete all services listed above for this Scope of Work is S14,790.00. No compensation will be paid over the Not-to-Exceed amount without prior written approval by MDC in the form of a Change Order. The hourly rates for services and direct expenses are per the attached estimate and will be the basis for any additions andlor deletions in services rendered. SD:1—FuPire Urban Renearal Pla7 Legal Descrpaicns Page 5 of 5 Civil Surrey Con=_alums,Inc. March 25.Z21 4 Page 569 Item#18. Civil Survey Consultants Man-Hour And Fee Estimate Meridian Development Corporation Future Urban Renewal Plan Legal Descriptions Northern Gateway URD Tasi C.esYcr-.n =r n_ip;l Chie? Fcject Fcject rfatrvey "urvey Tota Task o`iurge Vana r Errinesr I Technean 1 .rev Ibus Cos' Task 1-r`amnistrtcn Task 2-Sir.,Mho a Darn Cdlecton 22 R-xfds Research -0T ce E au'a ro Task 3-Cocur.�ere.Precardon Jraon IV 3r.1 EX :1 o-s manT rs r, C < D 17,205.Y' Class-r•_ajon ' Af-c Fate To-.J �.1dord 5- -he ofSurve- 5145.D]. S2 T�o.OD 2C0 at 145.5' ri je_t Fnp nee; .,.03 n 5132.00 Desi tiSun a T c;�ncian Y C0 5100.U.' S3,6cc.03 o.xrn vrcn u'ubtotal 2 I DD 57 yCS.pD Total Estimated Fees-Northern Gate=URD 57.30j.M [Overland-Ten Mile to Linder Road URD TassOesc-Ttui ntcilw Chie` FciBct ft�wcx 'xsgn&ry Curdy Tota TaQ rf5ury hiana es Techncan 1 --Wf Hour Jr Task 1-Aomnistrtrn 1.1 rrn'_-Minn m 2 S��pLi T�k 2- srt in Data Celled on L' =u`n u� 22 R-xfdsResearch -Once S915.A7 23 control3rve -Orbe a 1fl �2,13U.D_+ Task 3-Documerr,Prawnia^ 3.1 Lg,,J Descn ,,Tid Effi A 6 S7i 6 5745.W ma-17mrs I i72 D 0 To 200.7 Ctm&F-m -:urs Fart Tbui— F.indDd C.0 ip 5145.OI 10.00 Q o _t A e=t`Mna-er c.,X p 5145.D r-vjNi DesJg,V2urveyTec ni_ian SIOD-U,. S2.FK0.03 P3 Sirr-I CrFv �a.CO S1e5D: SPr-0.OD Total Estniated Fees-Overland-Ten IAile to Linder Road URD 55,200.00 Page 570 Item#18. Union District Modification URD&Downtown URD Deannexation ass E*ss:tca -p-41 - F7rpor ea _,grLSuwey roeg TUW 1 as of�2meys Vanaq& Errine_r Techncan 4 Crex Hous COS-. r sh::ai Wanpgerixirr. d,Jab Aun 21 €nccl&m -Feld 2.2 Rsxnde Rvq -lr.ce S245.00 ,, jjO LX- - au-a-erz nor. Descri `on and Exh tit i S^45.OD Ca CLn LI I y my :h h°of Curve 3 r0 u 5145.D 54?5-OD FrojKt En new r;9 Q 51'12.00 _esi '2urve Teu nl=ian =A Si(aw OD nti r-w Total Estiiniated Fees-Union District 1.lodificabon URD&Downtown URD Deannexation 52,2115.00 Total Scope of Work Classy a is -mm Fad �a rm - vh of2urwaw 3<�A S145.DJ S4.640.DD 'e_t Sdsna r c:. 145.Cx1 S&70.00 En !w , SIONK.. S7,5A.OD �PS 2ojmvj Cnsn 1200 37V S105.D,- :70465 Labor 2ubloW r. 1 S 14.4-9D Scope of Work Total Estimated Fees $14,790.00 —� rb � Page 571 Item#18. FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT COST SHARING FOR URBAN RENEWAL DISTRICT CREATION This FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT FOR COST SHARING FOR URBAN RENEWAL DISTRICT CREATIUON COSTS("A 1")is made this 12th day of May 2021 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("MDC"). WHEREAS,MDC and the City entered into a Memorandum of Agreement dated March 31, 2021 (MOA)and desire to amend that agreement; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Parties agree to amend their MOA as follows: I. SECTION 1. CITY'S RESPONSIBILITIES SUBSECTION A. The language in Subsection A shall amended and replaced in full with the following: A.Reimburse MDC. Between March 31,2021 and January 31,2020,City agrees to reimburse MDC for the invoices paid by MDC for the services provided by the consultants identified in Exhibit A for the creation of the new Ten Mile to Linder district. City to pay invoices from MDC for reimbursement within thirty(30)days of the date of said invoice. 2. Eximmi-A. The agreements with the applicable consultants were attached to the MOA as Exhibit A. Some of those agreements have been modified and updated and the modified agreements are attached hereto as Exhibit A which amends Exhibit A to the original MOA. 3. All other terms and conditions of the MOA remain in effect. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. MERIDIAN DEVELOPMENT CORPORATION: � Atte . ave Winder Chairman Steve assek, Secretary 2021 FIRST AMENDMrNT MOA MDC AND C11Y FOR COST SHARING NEW URDs PAGC I OF 3 ���� Paul e 572 I Item#18. CITY OF MERIDIAN: Attest: Robert Sim ison, Mayor 6-8-2021 Chris Johnson, City Clerk 6-8-2021 2021 FIRST AWNDMUNT N10A MDC AND CITY FOR COST SHARING NEr UPDs PAGE 2 of 3 Page 573 Item#18. Exhibit A 2021 FIRST AMENDMENT MOA MDC AND C[TY FOR COST Si-m ac NEW UPDS PAGE 3 or 3 Page 574 item#�s. ELAM & BURKE EGHAN SULLIVAN CONRAD ATTORNEYS AT LAW RYAN P.ARMBRUSTER z5i East Front Street,Suite 300 Post Office Box 1539 Boise,Idaho 83701 Telephone zo8 343-5454 Fax 208384-5844 E-mail: mscRelamburke.com rpaPelamburke.com May 6, 2021 Meridian Development Corporation c/o Ashley Squyres meridiandevelopmentcorpa,email.com Re: Clarification of Scope of Employment Dear Ashley: In follow up to the engagement letter dated March 22, 2021, the proposed scopes of work have been further refined. This letter is intended to confirm the current scopes of work, which are set forth in the attached table. In sum, the updated scopes of work do not differ significantly from what was originally contemplated. Elam& Burke, P.A. ("Firm") has been retained to assist The Urban Renewal Agency for the City of Meridian, also known as Meridian Development Corporation("MDC"), on certain limited legal matters relating to deannexing certain parcels from and amendment of the Meridian Revitalization Plan Urban Renewal Project("Second Deannexation to the Downtown Plan") and preparation of a plan amendment to expand the Union District Project Area(the "Union District Amendment"), and the preparation of two new urban renewal/revenue allocation areas, and adoption of two urban renewal plans within the city of Meridian(the "City"). The first is related to the Ten Mile to Linder Area, which will be primarily directed by the City pursuant to a Memorandum of Agreement by and between the City and MDC (the "Ten Mile to Linder Plan"). The second is related to the Northern Gateway Area, which will be primarily directed by MDC (the "Northern Gateway Plan") (collectively, the Ten Mile to Linder Plan and the Northern Gateway Plan are referred to as the "New Plans."The purpose of this letter is to reaffirm and clarify our agreement with you about what services are to be performed in connection with the preparation and approval of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans for the Project Areas. The Firm is engaged to facilitate the preparation of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, which includes preparation of a number of documents set forth below: For the Second Deannexation to the Downtown Plan • Second Deannexation to the Downtown Plan approval timeline • Second Deannexation to the Downtown Plan, including an updated financial feasibility study as may be necessary (updated study to be prepared by consultant but reviewed by counsel) Page 575 LL__#�18ay 6, 2021 Page 2 • Follow up with MDC counsel concerning lender/developer consents • MDC resolution approving the Second Deannexation to the Downtown Plan • Correspondence to the City formally submitting the Second Deannexation to the Downtown Plan for approval • Public hearing publication notice • Review Planning and Zoning findings of conformity • Correspondence to taxing entities concerning the proposed Second Deannexation to the Downtown Plan and public hearing notice • City Council ordinance approving the Second Deannexation to the Downtown Plan • Post-ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents • Post-ordinance adoption letters to the taxing entities • Coordination with City Attorney For the Union District Amendment and the New Plans • Union District Amendment and New Plans approval timelines • MDC resolution approving each eligibility report for the Union District Amendment and the New Plans • Ada County resolution related to eligibility for parcels within the Ten Mile to Linder Plan(and the Northern Gateway Plan, if necessary) • City Council resolution approving each eligibility report and authorizing preparation of the Union District Amendment and the New Plans • Preparation of the Union District Amendment and the New Plans • MDC resolution approving the Union District Amendment and each New Plan • Correspondence to the City formally submitting the Union District Amendment and each New Plan for approval • Coordination with Ada County concerning Intergovernmental Agreement and Transfer of Powers Ordinance for the Ten Mile to Linder Plan (and the Northern Gateway Plan, if necessary) • Public hearing publication notice • Review Planning and Zoning findings of conformity • Correspondence to taxing entities concerning the proposed Union District Amendment and each New Plan and project area/expansion area and public hearing notice • Coordinate with MDC Attorney and City Attorney regarding agreement with the Ada County Highway District for the expansions area in the Union District Amendment and for the New Plans regarding Idaho Code Section 50- 2908(2)(a)(iv) • City Council ordinance approving the Union District Amendment and each New Plan • Post-ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents Page 576 LL__#�18ay 6, 2021 Page 3 • Post-ordinance adoption letters to the taxing entities Coordination with City Attorney For the Second Deannexation to the Downtown Plan accomplishing the deannexation of parcels from the existing 2002 Project Area, the fourth Monday in July is the targeted date of completion. It is possible, this scope of work could be delayed and completed on or before September 1. To that end, the proposed timeline for the Second Deannexation to the Downtown Plan contemplates completion prior to July 26, 2021. It is contemplated the Union District Amendment and the New Plans timeline would be completed prior to December 31, 2021, and would have a January 1, 2021,base year. Timelines have been prepared for the New Plans. It is anticipated the Union District Amendment timeline will track with the Northern Gateway Plan timeline. For these timelines to hold, there will need to be significant coordination by and between City and MDC staff. It is possible, the timeline for the Union District Amendment and New Plans could slip to the first quarter of 2022. For the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, many of the documents will need to be reviewed and approved by counsel for MDC and the City Attorney. We understand the Northern Gateway Plan, the Second Deannexation to the Downtown Plan, and Union District Amendment will be spearheaded by MDC, while the Ten Mile to Linder Plan will be primarily directed by the City. The engagement for the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans will be with MDC as MDC will implement the plans/project areas. We understand there will be/is a memorandum of agreement by and between MDC and the City related to the planning efforts associated with the Ten Mile to Linder Plan. The above scope of work does not include preparation of the eligibility reports; however, it does include review and comment on the eligibility reports prepared by an independent, third- party consultant prior to approval. Typically, the independent consultant would also be able to prepare the necessary attachments to the plans/plan amendment referred to as the economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would assist the consultant in the preparation of the economic feasibility study and review the study's content but would not be responsible for the preparation of the data or the analysis of the data. For this scope of work, MDC and the City have authorized the engagement of Phil Kushlan, Kushlan I Associates ("Kushlan")to assist in the preparation of the reports, studies, and other documents listed above. Kushlan's scope of work will be directed and managed by Elam and Burke; however, Kushlan will invoice MDC and/or the City directly, as the case may be. Additionally, the above scope of work does not include retention of a surveyor or engineer to prepare the necessary maps and legal descriptions. MDC has already retained a contractor for this scope of work. Based upon the above scopes of work,please find the attached table including a breakdown of estimated costs and general scopes of work for Elam and Burke and Kushlan. Please note, these are estimates and reflect our collective best analysis of the anticipated costs for Page 577 LL--#�18ay 6, 2021 Page 4 planning purposes. It is understood that the fees/costs may be more or less than the estimated amounts. The ultimate cost of work to the client is determined by many factors that cannot be predicted. Also attached is a timeline "snapshot"highlighting significant dates in each timeline. Please call if you have any questions about the clarified scope in this letter. This letter is intended to supplement the original engagement letter. Please refer to the engagement for specific terms of engagement. Please note, Elam and Burke has obtained the necessary consent waivers from Galena and Shakoori . Sincerely, ELAM & BURKE A Professional Association 4 A g &,�Mj Meghan S. Conrad J�: �� Azj—,�� Ryan P. Armbruster MSC/ksk 4839-8933-7320,v. 1 Page 578 Item#18. General Scope of Work Legal Consultant—Phil Kushlan$200/hr. Complicating Factors Plan Amendment to Deannex Parcels from the Timeline;Preparation Preparation of Economic Impact Analysis • Timing;will likely need to be completed Downtown Project Area of the Plan • Review impact removal of parcels has (city council ordinance adopting the • Sub Area 1:Parcels in/around the Northern Amendment;Process on the Downtown District plan amendment)on or before 41 Gateway Area is the same as a new • Consider impact on any outstanding Monday in July • Sub Area 2:Jdaho Block plan obji ations MOUs,bonds,etc. -this • Surve /Le al for the deannexed areas - Deleted:City Hall Parking Lot Parcel ............................................................................................................................................................................... g ( ............ ) g would require sign-off by MDC will need to be done ASAP Estimate for scope of Counsel work$10,000- $15,000 Estimate for scope of work$10,000(there are quite a few parcels subject to the analysis;could be less depending on data to be provided by Ada County) Plan Amendment to Annex Sub Area 2 into the Union Timeline;Preparation Review of Sub Area 2 for eligibility. • Timing;to be completed(city council District Project Area of the Plan Preparation of the Eligibility Study ordinance approving the new plan)on or Amendment;Process before 12/31/21 is the same as a new Estimate for scope of work related to the • Survey/Legal would have been done as plan study: $3,000 part of the deannexation scope Estimate for scope of Preparation of the updated economic work$10,000- feasibility study $15,000 Estimate for the scope of work related to Assumes MDC the updated economic feasibility study: Counsel will negotiate $3,000 the ACHD agreement or the amended area Ten Mile to Linder Plan and Project Area Timeline;Preparation Review of the proposed geographic area for • Timing;to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan)on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for scope of work related to the ASAP study: $5,000 Page 579 Item#18. Estimate for the • Includes parcels outside the City limits scope of work Preparation of the economic feasibility study in unincorporated Ada County;consider $15,000420,000 annexing parcels into the City ASAP,- Estimate for the scope of work related to otherwise legal costs could increase as Assumes MDC the economic feasibility study: $7,500 will need to address County Counsel will negotiate consideration of the eligibility study and the ACHD agreement County ordinance/intergovernmental agreement Northern Gateway Plan and Project Area Timeline;Preparation Review of the proposed geographic area for • Timing;to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan)on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for the Estimate for scope of work related to the ASAP—current boundaries are scope of work study: $7,500 unknown $15,000420,000 • Number of parcels is greater than the Preparation of the economic feasibility study Ten Mile to Linder Project Area Assumes MDC • Includes parcels outside the City limits Counsel will negotiate Estimate for the scope of work related to in unincorporated Ada County;consider the ACHD agreement the economic feasibility study: $10,000 annexing parcels into the City ASAP,- otherwise legal costs could increase as will need to address County consideration of the eligibility study and County ordinance/intergovernmental agreement Page 580 Item#18. MERIDIAN develo meat . R corp. AMENDED TASK ORDER AGREEMENT PURSUANT TO PROFESSIONAL SERVICES AGREEMENT —ENGINEERING'" This is amended Task Order(TO) to provide surveying services for the creation of two new urban renewal districts and changes to existing districts is executed pursuant and subject to the Professional Services Agreement between Civil Survey Consultants, Inc.(Consultant),and the Meridian Development Corporation(MDC)dated January 23,2019(Agreement). WHEREAS,MDC and Consultant entered into a Task Order Agreement on March 31, 2021 and need to amend the task order agreement. WHEREAS,the Parties desire to execute this amended TO as described herein; NOW THEREFORE,for good and valuable consideration the Parties agree as follows: 1. The parties agree that Consultant will perform the surveying services to assist in the creation of two new urban renewal districts and changes to existing districts as noted the attached Scope of Work(See Exhibit A attached hereto and incorporated herein). This amended TO is issued pursuant and is subject to the Agreement between MDC and Consultant. This amended TO shall be effective May 12, 2021 and amends the TO effective March 31, 2021. This amended TO shall be completed in accordance with the terms of the Agreement. MERIDIAN DEVELOPMENT CORPORATION CIVIL SURVEY CONSULTANTS, INC. By; G , By. Printed Name: Dave Winder Printed Name: Matt Hart Title: Board Chair Title: President Attest: f� � r LStev., ssek,Secretary 1 _ Page 581 Item#18. Exhibit A-Scope of Work CIVIL SURVEY CONSULTANTS, INC. FOR MERIDIAN DEVELOPMENT CORPORATION SCOPE OF WORK—REVISED May 5, 2021 FUTURE URBAN RENEWAL PLAN LEGAL DESCRIPTIONS (NORTHERN GATEWAY, OVERLAND—TEN MILE TO LINDER, AND IDAHO BLOCK) PROJECT UNDERSTANDING Mendian Development Corporation (MDC) has Identified three areas in Menclian that are proposed to be part of a future Urban Renewal Plan: • Northern Gateway: generally located in the vicinity of the intersection of N. Meridian Road and E.Fairview Avenue east to approximately N.Jericho Road_ • Overland—Ten Mile to Linder. generally bounded by S.Ten Mile Road, W. Overland Road,S.tinder Road,and Interstate 84. • Idaho Block: generally bounded by Main Street, Idaho Avenue, 2-,d Street, and Broadway Avenue_ The Surveyor shall prepare a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. SCOPE OF WORK Task 1 —Administration I'll Project Management—Provide ongoing management of project,including regular status updates and coordination with MDC. Task 2—Surveyffici and Data Collection 2.1 This task includes work associated with surveying duties performed in the field required to establish property boundaries. 2.2 This task includes office work associated with research of relevant subdivisions, parcel deeds,records of surveys,and right-of-way acquisitions in the Ada County Recorder's Office required to establish property boundaries. 2.3 This task includes office work associated with establishing, calculating, and drafting the property boundaries. SOW-Fuum Udm Renewal Pon L•gal DrArO rs(Reused) Pap 1 e 3 CNa Survey Camr4m,Ire. May:.2021 2 Page 582 Item#18. Task 3--Document PreQaration 3.1 This task includes preparing a legal descnption and an exhibit map for each of the Urban Renewal Plan extenor boundaries. This does not include legal descriptions for individual parcels within the Urban Renewal Plan exterior boundaries. ASSUMPTIONS • Ea5ement preparation is not part of the scope of work. • TPtie reports are not part of the scope of work. TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE NORTHERN GATEWAY URD Task Description Due Date Compensauon 1 AdmmstrjWn • 60 days from notice to pmoee# S290.00 2 Surve/ing and Data Collection ■ 60 days from notice to proceed $6.125.00 3 Document Preparation • 60 days from notice to proceed $890 00 NORTHERN GATEWAY URD TOTAL:$7 305.00 COMPENSATION AND COMPLETION SCHEDULE OVERLAND-TEN MILE TO LINDER URD Task Description Due Date Compensation 1 Adm astroUon • 6D days from notice to proceed 329o.0D 2 Surreying and Data Collection • 6D days from notice to proceed $4,165.00 3 Document Preparation -6D days from notice to proceed S745.00 OVERLAND-TEN MILE TO LINDER URD TOTAL:S5.200,00 COMPENSATION AND COMPLETION SCHEDULE IDAHO BLOCK URD Task Description Duo Date Compensation 1 Administration " 60 days from notice to proceed S290.00 2 Surveying and Data Collection •60 days from notice to proceed $1.750.00 3 Document Preparation • 60 days from notice to proceed $245 00 UNION DISTRICT MODIFICATION URD&DEANNEXATION TOTAL:S2.285.00 SOW—Future Urban Renenal Pan Legal Dear in"iRev,u4; Pape 2 e3 C vd Survey Cons.Ptam irc_ May D.?321 --A 3 F Page 583 Item#18. COMPENSATION AND COMPLETION SCHEDULE TOTAL SCOPE OF WORK Task McnpUw Due Date Compensation 1 Adrrkrstra'" 60 days from notce to proceed 5870.OD 2 SZave= 3W Data Cdiedm • 60 days from ncece to proceed S12 040.00 3 �n err PWarx an a 60 days IT=natce to proceed $1,880.00 5COPE OF WORE(TOTAL:S14.790,E1© The Not-To-Exceed amount to complete all services listed above for this Scope of YJoPK is 514,790_00. No compensation will be paid over the Not-to-Exceed amount without prior written approval by NIDC in the form oT a Change Order, The hourly rates for services and direct expenses are per the attached estimate and will be the basis for any additions and/or deletsons n services rendered. SOW-Fumm LhhaF Ransil Ptsn Leyil Dvurot m(Rwsed) Papa 3 e 3 GW Suwy cor"ana.kc May 6,2021 4 Page 584 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Lakeview Golf Club Operations Update and Fiscal Year 2022 Budget Discussion Page 585 Item#19. Mayor Robert E. Simison N�- City Council Members: E IDIA Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,MPR Parks Superintendent DATE: May 25,2021 RE: Lakeview Golf Club Operations Update and FY22 Budget Discussion Since taking over the operation of Lakeview Golf Club on November 6,2020,we began the process of evaluating the operations and developing an FY22 operating budget. This evaluation is ongoing and is a collaborative effort between City staff, course staff,the National Golf Foundation, and KemperSports Management. I will bring forward an update on the current state of the operation with a focus on our opportunities,as well as current challenges, specifically in regards to the food and beverage operation. Part of this presentation will be a discussion on our proposed FY22 budget and how this budget was developed with limited financial history. I look forward to the discussion and answering any questions you may have. Page 586 Item#19. KemperSports- Lakeview Golf Club Fiscal Year Budget ending September 30, 2022 Executive Summary To: Mike Barton, Parks Superintendent From: Matt Allen,Vice President Date: Tuesday, June 01, 2021 Subject: Lakeview Golf Course Budget Below is a draft summary of the Lakeview Golf Course budget for the 2021-22 fiscal year. In the absence of historical financial information, point-of-sale reports were used as the basis for developing rounds and revenue assumptions. Those reports were also incomplete due to the use of two POS systems. Payroll projections reflect current staffing plans, recommended new positions, and minimum wage or parity driven increases. Operating expense budgets were informed by our experience operating the course, along with benchmarking against data gathered from Boise and Nampa courses. Finally, apart from the management fee, this budget reflects only the items anticipated to pass through the golf course operating account and does not include any expenses paid directly by the City or any of the currently proposed start-up costs. 2021-22 Proposed Budget 2021-22 Budget Revenue Green Fees $599,529 Cart Fees $222,264 Range $40,068 Pro Shop $193,923 Food & Beverage $530,149 Total Revenue $1,585,933 Rounds 34,607 Avg GF/CF per Round $17.32 Costs of Goods Sold Merchandise CoGS $113,989 as o %of revenue 72% Food & Beverage CoGS $203,957 as a %of revenue 3896' Total COGS $317,946 Gross Margin $1,267,987 Operating Expenses Payroll, Taxes & Benefits $987,231 Operating Expenses $427,761 Total Expenses $1,414,992 E BITDA ($147,005) Other Expenses Management Fee $86,310 Irrigation Tax $7,789 Transfers from City Net Cash From Ops ($241,104) Page 587 Item#19. KemperSports- 2021-22 Proposed Budget • Key Revenue Drivers o The golf industry has experienced a pandemic-driven increase in demand and Lakeview is no exception. Estimated golf rounds for the fiscal year ending 9/30/20 grew by 29% over the prior year. As vaccinations become widely available, the golf industry will again face many competing forces for the consumer's recreation and entertainment dollar. In other words, we do not expect golf activity to be sustained at these levels. ■ Therefore, 2022 fiscal year rounds are budgeted to decline 11% compared to 2020, attributable almost exclusively to daily fee rounds which are projected to return to 2019 levels. • The loss of these rounds come at an estimated cost of$130k in revenue. ■ The resulting 34,607 rounds are... • 13% better than the 2018/2019 average • Slightly greater than the 32,243 of theoretical rounds potential, per course, within 15 miles • Played by a majority (75%) of loyal, hyper-local customers generating an average green for of just over $10.00. • 5,000 — 12,000 fewer than competing courses o Associated green fee revenues are projected at roughly $600k, which falls below the estimated market average by $300k or more. o Price increases are not contemplated in the budget, pending decisions about investments in the product. ■ The NGF GOLFSTAT survey revealed a negative Net Promoter Score and satisfaction scores in the 1 percentile. o Cart revenues are projected to increase by 10% ($20k), attributable to increased utilization and a programmed price increase (6.7%) associated with investment in new cart fleet. New cart rental rates will be consistent with market average which is currently $1.00 per rider above Lakeview prices. o Range and Pro Shop revenues per round are in keeping with historical trends. o We are assuming that pandemic related indoor gathering restrictions will have been relaxed and Food & Beverage will return to historic levels of activity. That activity generates one-third of Lakeview revenues, but with an associated overhead of nearly 100% of revenue. ■ We are currently working with staff to evaluate pricing and offerings to better optimize margin. o Overall facility revenue is budgeted to increase by 10% over the unaudited FY 2018-19 results. • Payroll Expense Drivers o Overall facility payroll (inclusive of taxes & benefits) is proposed to increase, attributable to the following: ■ Course & Grounds ($74k) • Conversion of existing full-time, year-round Laborer to Lead position at a rate of $18...$14k • Conversion of existing Full-time, seasonal Irrigation Specialist to full-time, year- round at a rate of$18...$22k • Increase the FT Laborer starting rate from $11.00 to $15.00...$22k • Increase the PT Laborer starting rate from $11.00 to $14.00...$4k • Increase Superintendent salary to $66,000 annually...$12k Page 588 Item#19. KemperSports- ■ Carts/Range • Increase all employees by $2.00/hour (start rate $10.50) associated with assumed increase in Federal minimum wage as of 1/1/22...$12k ■ Food & Beverage ($42k) • Increase all front-of-house employees by$2.00/hour (start rate $8.50) associated with assumed increase in Federal minimum wage as of 1/1/22...$19k • Increase in rates for all kitchen positions to match market and improve recruitment/retention of staff...$23k ■ Pro Shop ($71 k) • Increase all employees by $2.00/hour (start rate $10.50) associated with assumed increase in Federal minimum wage as of 1/1/22...$23k • Pass-through of lesson revenues paid to golf professionals...$32k • Promotion of Chris Cooney to Operations Manager (implemented Feb 2021)...$16k ■ Admin • Increase in General Manager salary to $66,000 annually (implemented Nov 2020)...$15k ■ Marketing • Addition of part-time, year-round Marketing Coordinator at $15/hour...$23k o $14k in offsetting expense savings by eliminating ForeUp marketing support contract (effective 8/2021) ■ Employee Benefits ($94k) • Current elections 0 5 Single coverage...$30k 0 3 Single + Spouse...$50k 0 1 Family...$14k • Operating Expense Drivers o This area was the most difficult in which to make comparisons to the FY 2019 data. So, below I have listed the likely exceptions, with dollar value variances where I could decipher what might have been spent in FY 2019: ■ Course & Grounds • Fertilizer/Chemical budget benchmarked to be consistent with courses in the market...$13k • Dryject aeration service...$15k (previously traded) • Increased irrigation repairs & maintenance...$12k ($18k budgeted) • Goose control...$5k (new in 2021) • Increased equipment repairs & maintenance, plus allowance for equipment rental ($30k budgeted) ■ Pro Shop • Range balls...$10k • Allowance for purchase of rental clubs and pull carts...$3k ■ Admin • Repair & Maintenance...$12k • Accounting service...$24k • Travel...$12k • Employee meals...$12k Page 589 Item#19. KemperSports- • EBITDA o To achieve a breakeven operating performance, investments must be made in the product (and marketing thereof) that will attract an additional 5,000 — 6,000 daily fee rounds from a larger geographic area. ■ Outside of a 15-minute drive, the available market rounds per course increases from 32,000 to 46,000. o In addition to attracting more daily fee customers, other municipal golf systems in the area rely less on F&B performance to generate profit margin and enjoy certain economies of scale that come from having multiple courses. Page 590 Item#19. ....................... ................ ............................. ............ ........ ............. .......................................................... ................. ................................. ........... ................................................. ...................................................... dvkV... ..Vil, S .............................................. ..................................................................................... ........mber 3. .......................................................................... Description October November December January February March April May June July August September Total %Rev Revenue Green Fee-Annual 11,306 11,450 14,170 13,870 12,206 12,561 13,197 11,725 12,357 12,594 13,731 12,301 151,468 25% Green Fee-Junior 904 277 145 157 349 1,007 1,576 1,594 2,401 1,575 1,831 1,338 13,155 2% Green Fee-Non-Resident(Standard) 15,720 489 77 361 283 5,742 21,553 30,360 33,150 25,650 29,190 22,230 184,805 31% Green Fee-Non-Revenue - - - - - - - - - - - - - 0% Green Fee-Outine 2,348 1,427 3,005 695 2,348 7,831 13,090 6,122 3,794 40,659 7% Green Fee-ReDlav - - - - - - - - - - 0% Green Fee-Resident 0% Green Fee-Staff - - - - - - - - - - - - - N Green Fee-Wholesale 12,277 10,446 4,165 2,096 5,774 8,235 11,974 17,254 14,929 16,893 15,161 15,585 134,787 22% Green Fee-Senior 5,500 - - - - 3,475 4,450 5,325 7,900 8,600 9,375 8,875 53,500 9% Green Fee-Twilight - - - - - - - - 1,433 4,185 7,771 7,767 21,155 4% Total Revenue 48,055 24,089 18,558 16,483 18,613 34,025 53,444 68,605 80,001 82,586 83,181 71,890 599,529 100% Payroll Expense C&G Hourly 19,238 7,714 6,377 6,377 5,760 10,363 18,617 19,238 18,617 19,238 19,238 18,617 169,394 28% C&G Salary 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 5,500 66,000 11% Payroll Benefits 1,548 1,548 1,548 1,548 1,548 1,548 1,548 1,610 1,610 1,610 1,610 1,610 18,886 3% Payroll-FICA 1,892 1,011 909 909 861 1,214 1,845 1,892 1,845 1,892 1,892 1,845 18,008 3% Payroll-U.C. 197 77 64 190 156 194 316 322 275 261 251 199 2,502 0% Payroll-W.0 475 254 228 228 216 320 486 499 486 499 499 486 4,675 1% Total Adders 4,113 2,890 2,748 2,875 2,782 3,275 4,195 4,323 4,216 4,262 4,252 4,140 44,071 7% Total Payroll Expense 28,850 16,104 14,626 14,752 14,042 19,138 28,312 29,061 28,334 29,000 28,990 28,257 279,464 47% Operating Expenses Chemicals - - - 1,500 1,500 1,500 1,000 1,000 1,500 1,500 Soo 10,000 2% Computer Supplies - - - - - - - - - 0% Course Accessories - - - 750 - - - - 750 - - 1,500 0% Gas Oil Soo 375 375 375 375 500 750 750 750 750 750 750 7,000 1% Landscape Expense 200 200 - 200 - 200 Soo Soo 200 200 200 200 2,600 0% Safety Equipment - - - ISO - - - ISO - - - 300 0% Supplies 750 125 125 125 750 750 750 750 750 750 750 750 7,125 1% Repair&Maint-Eauipment 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 24,000 4% Repair&Maint-Building 667 667 667 667 667 667 - - - - - - 4,000 1% Utilities-Electric 1,200 1,800 1,800 1,800 1,500 1,400 1,200 1,000 800 800 800 800 14,900 2% Utilities-Gas - - - - - - - - - - - 0% Utilities-Telephone/Fax 90 90 90 90 90 90 90 90 90 90 90 90 1,080 0% Fertilizer - - 5,000 3,000 3,000 3,000 3,000 3,000 20,000 3% Laundry/Uniforms 1,200 800 - - - - - - 2,000 0% Sand/Topdress - - 5,000 1,667 1,667 1,667 10,000 20,000 3% Seeds/Trees - 1,500 - - - - 1,000 2,500 Small Tools 250 - 250 250 - 750 page 591 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. o% Contract Labor - - - - - - - - - - - - - 0% Irrigation 1,750 1,000 1,000 1,000 1,000 1,750 1,750 1,750 1,750 1,750 1,750 1,750 18,000 3% Equipment Rental 1,000 - - - - - 1,000 1,000 1,000 1,000 1,000 1,000 7,000 1% Education&Training - - - - - - - - - - - - - 0% O/S-Other - 1,000 1,000 1,000 1,000 1,000 7,500 - - - - 10,000 22,500 4% Professional Dues - - - 750 - - - - - - - - 750 0% Travel-Other - - - - - - - - - - - - - 0% Total Operating Expenses 9,357 7,257 7,057 8,007 10,032 10,657 28,540 12,090 13,157 14,257 13,757 31,840 166,005 28% Total Expenses 38,207 23,361 21,682 22,758 24,073 29,795 56,852 41,151 41,490 43,256 42,746 60,097 445,469 74% EBITDA 9,848 729 (3,125) (6,275) (5,460) 4,230 (3,408) 27,454 38,511 39,329 40,435 11,793 154,060 26% Page 592 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ....................... ................ ............................. ............ ........ ............. ............................................... .............ailed ............................ ...................... ................. 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Description October November December January February March April May June July August September Total %Rev Revenue Cart Fee 18 17,616 11,088 4,914 4,801 6,360 15,301 24,236 25,359 28,357 29,183 29,618 25,429 222,264 100% Total Revenue 17,616 11,088 4,914 4,801 6,360 15,301 24,236 25,359 28,357 29,183 29,618 25,429 222,264 100% Payroll Expense Carts Hourly 3,720 2,734 2,374 2,870 2,776 4,734 5,670 6,798 9,150 9,455 9,455 6,793 66,529 30% Carts Salary - - - - - - - - - - - - - 0% Payroll Benefits - - - - - - - - - - - - - 0% Payroll-FICA 285 209 182 220 212 362 434 520 700 723 723 520 5,089 2% Payroll-U.C. 42 30 24 46 44 76 81 94 125 126 126 85 898 0% Payroll-W.0 71 52 46 55 53 95 114 137 184 191 191 137 1,327 1% Total Adders 398 292 251 321 310 533 629 751 1,009 1,040 1,040 741 7,315 3% Total Payroll Expense 4,118 3,026 2,625 3,190 3,086 5,267 6,299 7,549 10,159 10,495 10,495 7,534 73,844 33% Operating Expenses Supplies - - - - - - - - - - - - 0% Repair&Maint-Eaulpment 225 225 225 225 225 225 800 800 800 800 800 goo 6,150 3% Total Operating Expenses 225 225 225 225 225 225 800 800 800 800 800 800 6,150 3% Total Expenses 4,343 3,251 2,850 3,415 3,311 5,492 7,099 8,349 10,959 11,295 11,295 8,334 79,994 36% EBITDA 13,273 7,837 2,065 1,386 3,049 9,809 17,137 17,011 17,397 17,888 18,323 17,095 142,270 64% Page 593 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ......................................................................................................................................................................... ...................... ...................................... .................................. . . .............................................. ...................................................................................................... ....................................... ..... ....... .... ....... ... .. 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Description October November December January February March April May June July August September Total %Rev Revenue Range Balls-Other 2,431 1,099 564 603 882 3,395 5,377 5,627 6,741 4,625 4,694 4,030 40,068 1005, Total Revenue 2,431 1,099 564 603 882 3,395 5,377 5,627 6,741 4,625 4,694 4,030 40,068 1005, Payroll Expense Range Hourly - - - - - - - - - - - - - 0% Range Salary 0% Payroll Benefits 0% Payroll-FICA 0% Payroll-U.C. 0% Payroll-W.0 0% Total Adders 0% Total Payroll Expense - - 0% Operating Expenses Range Balls 10,000 10,000 25% Supplies - Soo Soo 1,000 2% Repair&Maint-Equipment - - 0% Total Operating Expenses 10,000 Soo Soo 11,000 27% Total Expenses 10,000 - - - 500 - - - - 500 - - 11,000 27% EBITDA (7,569) 1,099 564 603 382 3,395 5,377 5,627 6,741 4,125 4,694 4,030 29,068 73% Page 594 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ....................... .................................................... ............ .................................... ............... .......................................................... ......................... ...................... ............ ..................... ei r ............................................. ...................................................... .................................................. V4.ifii:TwMy6:Wi fthk �diiksk f&jb e00 ........................................... ........... ........................................................ .............................. ............. ....................... ....................................................................... Description October November December January February March April May June July August September Total %Rev Revenue Food 14,128 10,945 9,137 7,055 9,059 16,902 24,342 25,571 27,919 24,940 21,980 19,596 211,574 40% Beverage 1,573 1,068 609 633 764 1,855 3,313 3,165 4,887 4,475 4,260 3,174 29,775 6% Beer 10,467 6,941 5,076 4,523 5,239 10,306 15,124 17,533 20,953 18,882 18,365 14,800 148,209 28% Liquor 8,894 6,407 4,061 4,703 5,239 9,894 12,819 12,911 13,763 12,314 12,122 11,375 114,503 22% Wine 1,716 1,335 1,421 1,176 1,528 2,267 3,457 3,617 2,696 2,405 2,535 1,934 26,088 5% Total Revenue 36,778 26,695 20,304 18,090 21,830 41,225 59,055 62,797 70,219 63,016 59,262 50,879 530,149 100% Cost of Sales Food COGS 6,358 5,472 4,568 3,528 4,530 7,606 10,224 10,740 11,726 10,475 9,231 8,230 92,688 17% Beverage COGS 818 641 365 380 458 965 1,723 1,456 2,248 2,058 1,960 1,587 14,658 3% Beer COGS 3,873 2,776 2,030 1,809 2,096 3,813 5,445 6,312 7,543 6,797 6,611 5,328 54,434 10% Liquor COGS 2,668 1,922 1,218 1,411 1,572 2,968 3,846 3,873 4,129 3,694 3,637 3,412 34,351 6% Wine COGS 515 400 426 353 458 680 1,037 1,085 809 722 760 580 7,826 1% Tobacco COGS - - - - - - - - - - - - - 0% Total Cost of Sales 14,231 11,212 8,609 7,480 9,114 16,032 22,274 23,466 26,455 23,746 22,200 19,138 203,957 34% Food COGS% 45% 50% 50% 50% 50% 45% 42% 42% 42% 42% 42% 42% 44% Beverage COGS% 52% 60% 60% 60% 60% 52% 52% 46% 46% 46% 46% 50% 49% Beer COGS% 37% 409/ 40% 40% 40% 37% 36% 36% 36% 36% 36% 36% 37% Liquor COGS% 30% 30% 301A 30% 30% 30% 30% 30% 30% 30% 30% 30% 30% Wine COGS% 30% 30% 30% 30% 30% 30% 30% 3091 30% 30% 30% 30% 30% Tobacco COGS% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Payroll Expense F&B Hourly 17,940 15,309 15,243 16,687 15,072 19,813 21,776 25,420 24,600 25,420 25,420 22,984 245,684 46% F&B Salary - - - - - - - - - - - - - 0% Payroll Benefits 3,096 3,096 3,096 3,096 3,096 3,096 3,096 3,220 3,220 3,220 3,220 3,220 37,771 7% Payroll-FICA 1,372 1,171 1,166 1,277 1,153 1,516 1,666 1,945 1,882 1,945 1,945 1,758 18,795 4% Payroll-U.C. 182 153 134 267 239 269 277 328 302 293 273 243 2,960 1% Payroll-W.0 344 294 293 320 289 399 439 512 496 512 512 463 4,876 1% Total Adders 4,995 4,714 4,689 4,960 4,777 5,281 5,478 6,005 5,900 5,969 5,950 5,694 64,402 12% Total Payroll Expense 22,935 20,023 19,932 21,647 19,849 25,094 27,254 31,425 30,500 31,389 31,370 28,669 310,086 58% Operating Expenses Bar Supplies - - - - - - - - - - 0% Dining Room Supplies - - - - - - - - - - - - - 0% Janitorial Supplies 400 400 400 400 400 400 400 400 400 400 400 400 4,800 Page 595 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. 1,000 1,000 1,000 1,000 1,000 1,000 1,500 1,500 2,000 2,000 2,000 1,500 16,500 3% Laundry/Uniforms - - - - 500 - - 1,000 - - - - 1,500 0% Supplies 750 500 500 Soo 500 750 750 1,000 1,250 1,250 1,250 1,000 10,000 2% Repair&Maint-Equipment - - 400 250 1,250 650 1,250 250 1,900 250 1,250 650 8,100 2% Education&Training - - - - - - - - - - - - - 0% Tax/Licenses/Fees - - - - - - 1,200 500 500 - - - 2,200 05, China/Glass/Silver - - - - 750 - - - - - - - 750 0% Flowers/Decor - - - - - - - - - - - - - 0% Laundry/Linens - - - - - - - - - - - - - 0% Pest Control 100 100 100 100 100 100 100 100 100 100 100 100 1,200 0% Equipment Rental - - - - - - - - - - - - - 0% O/S-Other - - - - - - - - - - - - - 0% Como/Promo Meals - - - - - - - - - - - - - 0% Total Operating Expenses 2,250 2,000 2,400 2,250 4,500 2,900 5,200 4,750 6,150 4,000 5,000 3,650 45,050 8% Total Expenses 39,417 33,234 30,941 31,377 33,463 44,026 54,728 59,641 63,105 59,136 58,570 51,457 559,094 105% EBITDA (2,638) (6,540) (10,637) (13,287) (11,633) (2,801) 4,328 3,156 7,114 3,880 692 (578) (28,945) -5% Page 596 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ....................... ................ ............................. ............ .................................... ............... ............................................... ............................. ......................................... b le'i ,, ........................................ fi6:T 4:Wifthkliidik:96�kfiib�i: ....................................................................... ............... ................................................................................................ ........ ........................................... .............................................................................................................. ......................................................................... Description October November December January February March April May June July August September Total %Rev Revenue Accessories 11,440 26,000 11,000 3,015 2,646 6,063 15,364 16,076 17,976 18,500 16,429 14,105 158,613 82% Lessons 2,400 1,200 600 600 600 2,400 3,600 4,800 4,800 3,600 3,600 3,600 31,800 16% Pull Cart Rental 100 100 50 50 50 100 160 160 160 160 160 160 1,410 1% Rental Clubs 140 60 40 40 40 100 240 240 300 300 300 300 2,100 1% Club Repair - - - - - - - - - - - - - 0% Total Revenue 14,080 27,360 11,690 3,705 3,336 8,663 19,364 21,276 23,236 22,560 20,489 18,165 193,923 100% Cost of Sales Merchandise COGS 8,008 20,280 8,580 2,111 1,852 4,244 10,755 11,253 12,583 12,950 11,500 9,874 113,989 59% Total Cost of Sales 8,008 20,280 8,580 2,111 1,852 4,244 10,755 11,253 12,583 12,950 11,500 9,874 113,989 59% Merchandise COGS% 70% 78% 78% 70% 70% 70% 70% 70% 70% 70% 70% 70% 72% Payroll Expense Pro Shop Hourly 12,552 7,672 6,983 8,285 7,483 13,987 18,052 21,856 21,151 20,875 20,875 19,719 179,492 93% Pro Shop Salary - - - - - - - - - - - - - 0% Payroll Benefits 1,004 1,004 1,004 1,004 1,004 1,004 1,004 1,044 1,044 1,044 1,044 1,044 12,249 6% Payroll-FICA 960 587 534 634 572 1,070 1,381 1,672 1,618 1,597 1,597 1,509 13,731 7% Payroll-U.C. 126 77 70 133 120 207 254 284 260 243 242 217 2,231 1% Payroll-W.0 241 147 134 159 144 282 364 441 426 421 421 398 3,577 2% Total Adders 2,331 1,815 1,742 1,929 1,840 2,563 3,002 3,441 3,348 3,304 3,304 3,167 31,788 16% Total Payroll Expense 14,883 9,487 8,725 10,215 9,323 16,550 21,054 25,297 24,500 24,179 24,179 22,886 211,280 109% Operating Expenses Bag Tags - - - - - - - - - - - - - 0% Rental Club Expense 3,000 3,000 2% Repair&Maint-Equipment 1,200 - 1,200 1% Laundry/Uniforms 800 800 1,600 1% Scorecards - - - - - 0% Supplies 1,200 1,200 2,400 1% Handicap Expense - - - 0% Equipment Rental 0% Miscellaneous - - 0% Professional Dues 750 - - - - 750 0% Total Operating Expenses 750 5,000 1,200 - 800 1,200 8,950 Page 597 2022 Budget Template-Lakeview4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. Total Expenses 22,891 29,767 18,055 12,325 16,176 21,994 31,809 37,350 38,283 37,129 35,679 32,760 334,219 172% EBITDA (8,811) (2,407) (6,365) (8,620) (12,840) (13,332) (12,445) (16,074) (15,047) (14,569) (15,190) (14,595) (140,296) -72% Page 598 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ....................... ................ ............................. ............ .................................... ............... ................................................ ................ .................................. ..................... .................................. ................................. .......... .................................................................................................. .....,.1,................... I I....................:.::.::.::.::................X...i.k....'..f...........d.....i.W....&....L... ...i.i............ .............. dy .......0 ............ V4ifii:Tw6:W fthk Vdi ksk�f6jbe0 . .. ............... ............................................................................................................................................................................ Description October November December January February March April May June July August September Total %Rev Revenue Total Revenue 0% Payroll Expense Admin Hourly - - - - - - - - - - - - 0% Admin Salary 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 67,980 0% Payroll Benefits 1,245 1,245 1,245 1,245 1,245 1,245 1,245 1,295 1,295 1,295 1,295 1,295 15,189 0% Payroll-FICA 433 433 433 433 433 433 433 433 433 433 433 433 5,200 0% Payroll-U.C. - - - 91 65 57 57 57 57 57 33 - 472 0% Payroll-W.0 109 109 109 109 109 114 114 114 114 114 114 114 1,343 0% Total Adders 1,787 1,787 1,787 1,878 1,852 1,849 1,849 1,899 1,899 1,899 1,876 1,842 22,205 0% Total Payroll Expense 7,452 7,452 7,452 7,543 7,517 7,514 7,514 7,564 7,564 7,564 7,541 7,507 90,185 0% Operating Expenses Computer Supplies - - - - - - - - - - - - - 0% Gas Oil - - - - - - - - - - - - - 0% Office Supplies 333 333 333 333 333 333 333 333 333 333 333 333 4,000 0% Supplies 250 250 250 250 250 250 250 250 250 250 250 250 3,000 0% Cable TV Expense 140 140 140 140 140 140 140 140 140 140 140 140 1,680 0% Computer Service 580 580 580 580 580 580 580 580 580 580 580 580 6,960 0% Repair&Maint-Building Soo 2,000 2,000 2,000 2,000 Soo Soo Soo Soo Soo Soo Soo 12,000 0% Repair&Maint-Other Soo 2,000 2,000 2,000 2,000 500 500 500 500 500 500 500 12,000 0% Security - - 300 - - 300 - - 300 - - 300 1,200 0% Utilities-Gas 400 - - 400 400 400 400 400 400 2,800 0% Bank Charges Soo Soo Soo Soo Soo Soo Soo Soo Soo Soo Soo Soo 6,000 0% Cash Short/(Overl - - - - - - - - - - - - - 0% Cell Phone 160 160 160 160 160 160 160 160 160 160 160 160 1,920 0% Credit Card Discounts 2,379 2,400 3,900 2,500 1,400 2,052 3,230 3,673 4,171 4,039 3,945 3,408 37,097 0% Dues&Subscriptions - - 700 - - - - - - - - - 700 0% Insurance Expense 1,752 1,752 1,752 1,752 1,752 1,752 1,752 1,752 1,928 1,928 1,928 1,928 21,729 0% O/S-Accounting 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 24,000 0% O/S-Legal - - - - - - - - - - - - - 0% Payroll Processing Fee 400 400 280 280 280 280 400 400 400 400 400 400 4,320 0% Postage/Shipping 150 ISO ISO 150 ISO ISO ISO ISO ISO ISO ISO ISO 1,800 0% Professional Dues - 450 - 450 0% Purchase Discounts - - - 0% Tax/Licenses/Fees - 4,500 - - - 4,500 0% Travel-Air 700 - - 700 500 - 1,000 - - 1,000 - - 3,900 0% Travel-Auto 600 100 100 600 250 100 600 100 100 600 100 100 3,350 0% Travel-Hotel 750 - - 750 800 - 750 - - 750 - - 3,800 0% Travel-Meals 300 300 200 300 300 1,400 Page 599 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. s 850 850 850 850 850 850 1,200 1,200 1,200 1,200 1,200 1,200 12,300 0% Cleaning Supplies - - - - - - - - - - - - - 0% Laundry/Uniforms - - - - - - - - - - - - - 0% Printing - - - - - - - - - - - - - 0% Contract Labor - - - - - - - - - - - - - 0% Equipment Rental - - - - - - - - - - - - - 0% Utilities-Other - - - - - - - - - - - - - 0% Utilities-Telephone/Fax 700 700 700 700 700 700 700 700 700 700 700 700 8,400 0% Utilities-Waste - - - - - - - - - - - - - 0% Employee Procurement - - - - 100 100 100 100 100 - - - 500 0% Employee Relations - - 750 - - - - - - 750 - - 1,500 0% Travel-Other - - - - - - - - - - - - - 0% Total Operating Expenses 13,944 14,316 17,896 21,046 14,946 11,248 15,545 13,439 14,412 17,180 13,786 13,549 181,306 0% Total Expenses 21,397 21,768 25,348 28,588 22,462 18,762 23,059 21,003 21,976 24,744 21,327 21,056 271,490 0% EBITDA (21,397) (21,768) (25,348) (28,588) (22,462) (18,762) (23,059) (21,003) (21,976) (24,744) (21,327) (21,056) (271,490) 0% Page 600 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. ....................... .............................................................. ....................................... ...................... .......I......... ....... ............................................................................................................ .......................... .......... ...... ...... ... . . . 6tl ... ............................................ .................................................................................................................................................................................. Description October November December January February March April May June July August September Total %Rev Revenue Total Revenue - - - - - - - - - - - - - 0% Payroll Expense Marketing Hourly 1,661 1,929 1,993 1,993 1,800 1,993 1,929 1,661 1,286 1,329 1,329 1,286 20,186 0% Marketing Salary - - - - - - - - - - - - - 0% Payroll Benefits - - - - - - - - - - - 0% Payroll-FICA 127 148 152 152 138 152 148 127 98 102 102 98 1,544 0% Payroll-U.C. 17 19 20 32 29 32 27 17 13 13 13 13 244 0% Payroll-W.0 32 37 38 38 35 40 39 33 26 27 27 26 398 0% Total Adders 176 204 211 223 201 225 213 177 137 142 142 137 2,186 0% Total Payroll Expense 1,836 2,132 2,204 2,215 2,001 2,217 2,142 1,838 1,423 1,470 1,470 1,423 22,372 0% Operating Expenses Magazine Advertising - - - - - - - - - - - - - 0% Organization - - - - - - - 0% Promotions Soo Soo Soo Soo 800 1,000 1,()()0 1,000 1,000 1,000 1,000 Soo 9,300 0% Meals&Ent-General 50% - - - - - - - 0% O/S-Othe 0% Travel-Other - 0% Website Expense - - - - - - - - - - - 0% Total Operating Expenses Soo 500 500 500 800 1,000 1,000 1,000 1,000 1,000 1,000 500 9,300 0% Total Expenses 2,336 2,632 2,704 2,715 2,801 3,217 3,142 2,838 2,423 2,470 2,470 1,923 31,672 0% EBITDA (2,336) (2,632) (2,704) (2,715) (2,801) (3,217) (3,142) (2,838) (2,423) (2,470) (2,470) (1,923) (31,672) 0% Page 601 2022 Budget Template-Lakeview 4.5.21 2022 Budget Template-Lakeview 4.5.21 Item#19. .................................................................................................................................................................................................. :.:.L k iew olf 1...::::::::::::::::::::::::::::::::::::::::: .. ... ..........I.................... .......a.ev....G...C.�b......................... .................................................................................................................................................................................................. Siitnrita Profit:&Uii Statmelt:::::::: :::::::::::::::::::::::::::::: r5 ....................................................................................................... or th Tivei .M ii h Eri iri t m er 3 2022: .... .....ve...o.t.s...sl..g.Sep.s..b....fa' ............................................................................. Description October November December January February March April May June July August September Total %Rev Revenues C&G 48,055 24,089 18,558 16,483 18,613 34,025 53,444 68,605 80,001 82,586 83,181 71,890 599,529 38% Carts 17,616 11,088 4,914 4,801 6,360 15,301 24,236 25,359 28,357 29,183 29,618 25,429 222,264 14% Range 2,431 1,099 564 603 882 3,395 5,377 5,627 6,741 4,625 4,694 4,030 40,068 3% F&B 36,778 26,695 20,304 18,090 21,830 41,225 59,055 62,797 70,219 63,016 59,262 50,879 530,149 33% Pro Shop 14,080 27,360 11,690 3,705 3,336 8,663 19,364 21,276 23,236 22,560 20,489 18,165 193,923 12% Admin - - - - - - - - - - - - - 0% Marketing 0% - - - - - - - - - - - - - - Total Revenues 118,960 90,331 56,030 43,683 51,021 102,609 161,477 183,664 208,553 201,969 197,244 170,392 1,585,933 100% Cost of Sales Merchandise COGS 8,008 20,280 8,580 2,111 1,852 4,244 10,755 11,253 12,583 12,950 11,500 9,874 113,989 7% Food and Beverage 14,231 11,212 8,609 7,480 9,114 16,032 22,274 23,466 26,455 23,746 22,200 19,138 203,957 13% Total Cost of Sales 22,239 31,492 17,189 9,591 10,966 20,276 33,029 34,719 39,038 36,696 33,700 29,011 317,946 20% Merchandise COGS% 70% 78% 78% 70% 70% 70% 70% 70% 70% 70% 70% 70% 72% Food and Beverage% 39% 42% 42% 41% 42% 39% 38% 37% 38% 38% 37% 38% 38% Payroll C&G 24,738 13,214 11,877 11,877 11,260 15,863 24,117 24,738 24,117 24,738 24,738 24,117 235,394 15% Carts 3,720 2,734 2,374 2,870 2,776 4,734 5,670 6,798 9,150 9,455 9,455 6,793 66,529 4% Range - - - - - - - - - - - - - 0% F&B 17,940 15,309 15,243 16,687 15,072 19,813 21,776 25,420 24,600 25,420 25,420 22,984 245,684 15% Pro Shop 12,552 7,672 6,983 8,285 7,483 13,987 18,052 21,856 21,151 20,875 20,875 19,719 179,492 11% Admin 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 5,665 67,980 4% Marketing 1,661 1,929 1,993 1,993 1,800 1,993 1,929 1,661 1,286 1,329 1,329 1,286 20,186 1% - - - - - - - - - - - - - 0% Total Gross Payroll 66,276 46,523 44,135 47,377 44,056 62,056 77,208 86,138 85,969 87,481 87,481 80,564 815,264 51% Payroll Taxes and Benefits 13,799 11,701 11,428 12,185 11,762 13,726 15,367 16,596 16,510 16,617 16,564 15,713 171,966 11% Total Payroll Expense 80,075 58,224 55,563 59,562 55,818 75,782 92,575 102,733 102,479 104,098 104,045 96,277 987,231 62% Page 602 Summary 2022 Budget Template-Lakeview 4.5.21 Item#19. .................................................................................................................................................................................................. :.:.L k iew olf 1...::::::::::::::::::::::::::::::::::::::::: .. ... ..........I.................... .......a.ev.... ...C.�b......................... .................................................................................................................................................................................................. Siitirtna Profit:&Y:oss St-mme lt:::::::: :::::::::::::::::::::::::::::: r5 ....................................................................................................... or th Tivei .M e h Eri iri t m er 3 2022: .... .....ve...o.t.s...sl..g.Sep.s..b....la' ............................................................................. Description October November December January February March April May June July August September Total %Rev Other Expenses C&G 9,357 7,257 7,057 8,007 10,032 10,657 28,540 12,090 13,157 14,257 13,757 31,840 166,005 10% Carts 225 225 225 225 225 225 800 800 800 800 800 800 6,150 0% Range 10,000 - - - Soo - - - - 500 - - 11,000 1% F&B 2,250 2,000 2,400 2,250 4,500 2,900 5,200 4,750 6,150 4,000 5,000 3,650 45,050 3% Pro Shop - - 750 - 5,000 1,200 - 800 1,200 - - - 8,950 1% Admin 13,944 14,316 17,896 21,046 14,946 11,248 15,545 13,439 14,412 17,180 13,786 13,549 181,306 11% Marketing 500 500 500 500 800 1,000 1,000 1,000 1,000 1,000 1,000 500 9,300 1% - - - - - - - - - - - - 0% Total Other Expenses 36,276 24,297 28,827 32,027 36,002 27,229 51,085 32,879 36,719 37,737 34,342 50,339 427,761 27% Total Expenses 138,590 114,014 101,579 101,180 102,786 123,287 176,689 170,331 178,236 178,531 172,087 175,627 1,732,938 109% EBITDA (19,631) (23,682) (45,549) (57,497) (51,765) (20,679) (15,212) 13,332 30,317 23,438 25,157 (5,234) (147,005) -9% Management Fee 86,310 5% NET INCOME/(LOSS) (26,631) (30,892) (52,759) (64,707) (58,975) (27,889) (22,422) 6,122 23,107 16,228 17,947 (12,444) (233,315) -15% Average Daily Rate(ADR) $ 16.80 $ 15.34 $ 32.90 $ 27.34 $ 21.10 $ 14.03 $ 13.91 $ 17.07 $ 17.80 $ 17.86 $ 17.72 $ 17.84 $ 17.32 2022 Budgeted Rounds 2,860 1,570 564 603 882 2,425 3,841 4,019 4,494 4,625 4,694 4,030 34,607 2020 Actual Rounds 3,517 1,908 901 797 1,302 2,913 4,602 4,593 4,458 4,788 4,919 4,271 38,969 2019 Actual Rounds 2,688 1,329 387 985 317 2,538 2,994 3,893 4,223 4,094 3,849 2,995 30,292 Page 603 Summary 2022 Budget Template-Lakeview 4.5.21 Lakeview Golf Club Meridian Parks & RecreationMike Barton, Parks Superintendent FY22 Operating Budget Discussion–Operations Update Ryan Roberts,THE CUSTOMER Operating Structure ManagementKemperSportsMatt Allen,City of MeridianMike Barton, Ryan Roberts, General Manager Lakeview Golf Club.” manage the day to day operations of “The most important thing Ryan does is Maintains an Excellent Customer Experience Coordinating association events•Selling group golf events•Junior Golf Program•Manage Tournaments, Player Development, and Youth Programs monthly-Counting inventory •Receiving inventory •Manage internal control•Daily bank deposits and accountability•Daily cash reconciliation•Review and approve invoices•Assemble Invoices and Manage Daily Receipts Recruiting, training, and onboarding staff•Conflict management•Facilitate payroll, timecard, and tip reconciliation•Ensure staffing levels are adequate for daily operations•Day Onsite Management-to-Day Roles and Responsibilities Roles and and financial reporting, associated with City funds.” the cash handling, bank reconciliation, for the City is ensure accountability with does KemperSports“The most important thing Industry standards for operation•Food and beverage management, menus, pricing, hours of operation•Tournament/programs consulting•Pricing•Maintenance practices•Act as Consultant to Owner Full accounting serviceReconcile all financial records monthlyDepositsInvoicesMaintain Financial RecordsPrepare Budgets Account for and reconcile money inManage inventory controlManage Point of Sale SoftwareAcquire and Maintain Necessary Insurance Maintain Liquor License, Other Permits, and Licenses Pay vendorsInvoice processingManage Vendor Accounts Withholding, payment of taxes, and insurance•Manage personnel policy including conflict resolution•Recruit and train employees•Furnish job descriptions, performance appraisals•Supervise and manage conflicts•Benefit and payroll management•Act as Employer–Employee Management ManagementKemperSportsMatt Allen, Responsibilities Roles and Responsibilities direct contact with City staff.” is provide Lakeview Golf Club customers “The most important thing we do Term Strategy to Implement Findings of the Master Plan -Develop Long Develop course policies that are consistent with City policies•Evaluate and communicate customer satisfaction concerns•Evaluate performance of General Manager and Superintendent•Facilitate purchasing and tax code compliancy•Work on longer term agreement•Act as City Liaison to Management Company Procure new maintenance equipment•Manage special projects, such as mold remediation, roofing, painting etc.•Manage project to improve cart paths, greens, and tees•Manage ADA upgrades and compliancy•Bid and manage construction of new irrigation/pump system•Manage consultant team for irrigation improvement design and water rights•Act as Project Manager for Capital Improvements, Replacements, and Special Projects Respond to questions as City representativeProvide updates to BoardRequest asset disposal when necessaryAct as City representative to Western Ada Recreation District Request funding for emergency or unexpected expenditures•Respond to customer inquiries that come from the Mayor’s office•Request funding for capital improvements/replacements•Report on annual budget and profit/loss•Act as Department Representative to the Mayor and City Council Attend and provide operations update to Golf Course Focus GroupRespond to customer inquiries Review and make final wage recommendations annually thru the budget processParticipate in interviews of salaried employees; participate in final hiring recommendations Distribute monthly client reportAssemble monthly financial information for distributionweekly meetings between agent and general manager -Attend biAct as City representative to Lakeview Golf Club Mike Barton, City of Meridian Parks and Recreation Accomplishments Draft plan ready for review•Draft CIP ready for review•NGF Master Plan Installed new and more robust Golf Marshall program•General Manager open door policy•Open communication with City staff•Regular website updates•Regular meetings with Men’s/Women’s Associations •postNextDoorMonthly •Increased Communication Between Operation and Customers Inventoried trees and documented pest, disease, and pruning requirements •Goose management•Increased restroom cleaning•Fertilizer application•Soil testing •Aerification of greens•New fountains are ordered•Fountain in main lake being repaired•Course Improvements Parks and Recreation Maintenance Manager filled in since April 9•!ShifferShane -Hired New Superintendent Pest and disease•Tree removals •Shop cleanout •cleaned out loose fill materials–Heavy maintenance in parking lot •Maintenance equipment ordered •week of July st New fleet of golf carts ordered due in 1•Completed Deferred Maintenance and Capital Items New vendor accounts are in place•Maintained existing pricing structure•Staff is now offered health and well being benefits•Provide stability to existing staff•Retained existing staff•Completed Transition Challenges Thank you!Lack of reliable financial information •Deferred maintenance•Inflation costs of materials•Wage pressure•Bump” in play will lastCovidUnclear how long the “•Conservative revenue forecast•FY22 Operating Budget Recommendation Clubhouse repairs•Irrigation system•Maintenance equipment•Deferred Maintenance Wage pressure vs. pricing•Menu items•Hours of operation •Staffing•Food and Beverage Items for Discussion– Item 20 E IDIAN;--- AGENDA ITEM ITEM TOPIC: Mayor's Office: Strategic Plan Update Page 4 Strategic Plan RecapAccountabilityCommunication and EngagementExecuting the Plan https://meridiancity.org/mayor/strategicplan/- Item#21. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1930: An Ordinance (H-2020-0074 TM Crossing) for a Rezone of Parcels of Land Situated in a Portion of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of as Follows: 40.98 Acres from the R-40 and C-C Zoning Districts to the C-G Zoning District; 3.9 Acres from the TN-C and C-G Zoning Districts to R-40 Zoning District; 0.65 Acres from the R-8 and TN-C Zoning Districts to the C-G Zoning District; and 0.53 Acres from the TN-C Zoning District to the C-G Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance, and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 604 ADA COUNTY RECORDER Phil McGrane 2021-089171 BOISE IDAHO Pgs=9 NIKOLA OLSON 06/09/2021 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1930 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0074 TM CROSSING) FOR REZONE OF PARCELS OF LAND SITUATED IN A PORTION OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,ADA COUNTY,IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF AS FOLLOWS: 40.98-ACRES FROM THE R- 40 AND C-C ZONING DISTRICTS TO THE C-G ZONING DISTRICT; 3.9-ACRES FROM THE TN-C AND C-G ZONING DISTRICTS TO R-40 ZONING DISTRICT; 0.65-ACRE FROM THE R-8 AND TN-C ZONING DISTRICTS TO THE C-G ZONING DISTRICT;AND 0.53-ACRE FROM THE TN-C ZONING DISTRICT TO THE C-G ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Ten Mile Crossing, Inc. SECTION 2. That the above-described real property is hereby re-zoned as follows: 40.98-acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the TN-C and C-G zoning districts to R-40 zoning district; 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district; and 0.53-acre from the TN-C zoning district to the C-G zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE ORDINANCE—TEN MILE CROSSING-H-2020-0074 SECTION 6. All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2)plus one(1)of the Members of the full Council,the rule requiring two (2) separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 8th day of June 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 8th day of June , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 8th day of June 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing At: Meridian,Idaho My Commission Expires: 3-28-2022 PAGE 2 o Page 606 item#2,. EXHIBIT A Rezone Legal Descriptions in 9233 WEST STATE STREET I BOISE,Id 93714 1 208,630.6939 1 FAX 2p8.633.6930 (ktober 21,3020 Project No.14-105 ExhibitA Legal Description for Rezone to C-G1Narthl TM Center Subdivision A parcel 4f land situated in a portion of the Northeast 114 of the Northwest 1/4 and a portion of the Northwest 1/4 of the Northeast 1/4 DfSection 14,Township 3 North,Range 1 West,B,%,City of MeridEan,Ada County,Idaho-and being more particularly described as follows, Commencing at a found brass tap marking the Northwest comer of said Section 14,thence following the northerly line of the Northwest 1/4 of said Section 14,S89'09'27"E a distance of 1,577.99 feet to the POINT OF BEGINNING. Thence 589'09'27"E a distance of 1,1080.00 feet tD a found alum[num cap marking the North 1/4 corner of said Section 14; Thence leaving said northerly line and fallowing the northerly tine of the Northeast 1/4 of said Section 14,S89'13'12"E a distance of 786.9C feet to a point; Thence leaving said northerly line,5U0"34'27W a distanre of 23 .00 feet to a point; Thence S76'26'39"E a distance of 556.22 feet to a point on the easterly line of said Northwest 1/4 of the Northeast 1/4 of Section 14; Thence following said easterly line,500°39'20"W a distance of 459.40 feet to a point on the centerline ofTLtn Min Drab♦; Thence leaving said easterly line and following the centerline of Ten Mile Drain,S75'31'34"W a distance of 180.64 feet to a point; Thence 96.67 feet along the arc of a circular curve to the right,said curve having a radius of 286-50 feet, a delta angle of 19'20'Go',a chord bearing of S85'11'WW and a chord distance of 96.22 feet to a paint; Thence N85'08'26'W a distance of 1.677.56 feet to point Thence 589'28'2CrW a distance of 455.90 fees to a point on the easterly boundary of TM Creek Subdivision No.4(Book 117 of Plats,Pages 17944-17947,records of Ada County,Idaho); Thence leaving said Centerline and following the easterly boundary of said TM Creek Subdivision No.4, Wr34'31"E a distance of 765.77 feet to the POINT OF BEGINNING. Said pa roel contains 3 total of 40.98V-acres,more or less. Attached hereto is Exhibit 6 arrd by this reference is hereby made a part of. a L 4FJ19 o ENG NEERS SURVEYORS PLANNERS Page 1 Page 608 Item#21. km923a WEST STATE STRU7 I DQISE,rd$3714 � 208.639.6939 1 FAX209.639-6930 February 16,2021 Project No.19-105 Exhibit A Legal Descrimlon for Rezone to R-40 TIVI Center Subdivision A parcel of land situated in a portion of the East 1Jz of the Northwest V4 and a portion of the West 1/2 of the Northeast 1{4 of Section 14,Township 3 North,Range 1 West,B-M.,City of Meridian,Ada County, Idaho and berng more particularly described as follows; Commencing at a found hrass cap marking the Northwest corner of said Section 14,thence following the northerly line of the Northwest 1/4 of sal Section 14,589'09'27"E a distance of 2,GS7.99 feet to a found aluminum cap marling the North 1/4 corner of said Section 14; Thence leaving said northerly line and foIlowing the easterly line of the Northwest 114 of said Section 14,SOU"35'310W a distance of 797.76feet to a point on the centerline of Ten Mile Ora in; Thence leaving said easterly lhne and Following said canted ine,S85'08'26"E a distance of 81.87 feet to the POINT OF BEGINNING. Thence following said centerline,585`08'26"E a distance of 246-53 feet, Thence leaving said centerline,S,W!52'53"W a distance of 63.54 feet; Thence 194.95 feet al-ang the arc of a clrcular curve to the right,5-aid curve having a radius of 461W feet,a delta ark&of 24'13'44",a chard bearing of S16°59'45"VV and a chord dlstanee of 193.5t1 feet; Thence 529°0613 W a distance of 390,52 feet; Thence 416.9.9 feet along the arc of a circular curve to the lest,sold curve having a radius of 1,t]oo.0o feet,a delta angle of23'53'2r,a chord bearing of N77'14'0-4'W and a chord distance of413-96 feet to the southerly line of said East 1J3 of tie Northwest 114; Thence fotlowing said southerly line,589*1-D'36"E a distance of 232.35 feet; Thence leaving said southerly line,NCr49'30"E a distance of 99.70 feet; Thence 469_81 feet along the arc of a circular curve to the right,said curve having a raditu5 of 600JO0 feet,a delta angle of 44'51'4T,a chord bearing of N22'35'33"E and a chord distance of 457.90 feet to the POINT OFREGINNING. The above-described rezone parcel description contains a total of 3.895 acres,more or Jess. Attached hereto is Exhibit B and by this reference Is hereby made a part of, 12459 ' Of % ENGINEERS N SURVEYORS I PLANNERS Ten Mile Crossing—H-2020-0074 page 2 Page 609 Item#21. hm 9233 WEST STATE STREET I 801SE,ID 83714 I 208.539.6939 J FAX 208.639-6930 February 16,2021 Project No-19-W5 ExhibltA Legal description for Rezone to C-G(South) TM Center SubdawWun A parcel of land situated in a portion of the South 1/2 of the Northwest 1f4 and a portion of the Southlwest I of the Nprthea5t 1/4 of Section 14,Towaship 3 North, Range 1 West, B.M.,City of Merldian,Ada County, Idaho and being more particularly described as follows- Comf eencing at a found alumfnurn cap marking the center of Said Section 14,which hears S89*1110"E a distanc-a of 2,656.47 feet from a found aluminum rap marking the West 1/4 Corner of sea id Sect Ion 14; Thence following the southerly IIne o=safe South 1/2 of the Northwest 1/4, N89'11'30"w a distan€e of 48.56 feet to POINT OF BEGIN NI US 1. Thence fallowing said southerly line N89°11'30"W a distance of 50,18 feet; Thence leaving said southerly line, NC°48'30"E a distances of 172.47 feet, Thence 131.03 feet along the arc of a circular curve to the left,said curve having a'Delos Of 200.00 feet, a delta angle of 37°32'15",a chord bearing of N17'57'36"VJ and a chord distance Uf 128.10 feet; Thence N3643'42"W a distance of 53.27 Feet; Thence 57.88 feet along the arc of a€ircular curve to the left,said curve having a radius of 300-00 feet,a delta angie of 11'03'15"r a chord bearing of N47'44'41"E and a chord distance of 57.79 feet; Thence 141.85 feet along the art of a compound curve to the left,Bald curve having a radius of 500-00 feet,a delta angle of 145°15'16%a chard bearing of N34"05'76"E.and a Chord distance of 141,37 feet to 2 paint hereinafter referred to as POINT"A'; Thence 500'18'5$"W a distance of 494.23 fleet to POINT OF BEGINNING 1. The abave-described rezone parcel description contains a total of 0.654 acres,more or Iess- TOGI=THER WITH Commencing at a paint pfeviously referred to as POINT"A",Thence N40'I&WE a distance of Z62-00 feet; Thence 271.76 feet along the art of a circular Curve to the right said curve having rt radius of 926.00 feet,a delta angle of 16'48'540,a chord hearing of NG8*43'25"E and a chord distance of 270,79 feet to POINT OF BEGINNING 2. Thence 12839 feet along the arc of a circular Curve to the left, said curve having a radius of 500.06 feed, a delta angle of 14'42'45",8 chord hearing of N19°19'3WW and a Chord distance of 128.04 feet; Thence 144.04 feet along the art of a reverse curve to the rightr said curve having a radius of 300.00 feet,a delta angle of 27 0'34",a chard bearing at N12*55'37"W and a chord dlstaice of 142,66 Feet; Thence NW49'30 E a distance of 17.95 feet; Thence 182-49 feet along the arc of a circular curve to the right,said curve having z radius of 1,0W.0 I feet,a delta angle of 10`2720", a chord bearing of 570°30'590E and a chord distance of 192.23 feet; Thence S29'06'38"V+a distance of 44-98 feet; fNGINFERS I SURVEYORS I PLANNERS Ten Mile Crossing-H-2020-0074 page 3 Page 610 Item#21. Thence 10.61 feet along the arc of a circular curve to the left,said curve having a radius of 926.00 feet, a delta angle of 11458'45",a chard bearing of 523'fl7'15,W and a chord distance of 193.25 feet to POINT OF BEGINNING 2. The above-described rezone parcel ceacrlption oontains a total of 0.533 acres, more or less_ The total rezone description contains a total of 1.187 acres,more or less- Attached hereto is Exhibit 6 and by this reference is h&tft made a part of, I�L 12459 . PAGE 12 Ten Mile Crossing-H-2020-0074 page 4 Page 611 ttem#21. EXHIBIT B 0 9 i r' c � U t t � o so0 1000 1500 a ' o e Plan Scale:i"=500' Z o fu POINT OF COMMENCEMLNT FOUND ALUMINUM CAP a 2 FOUND BRASS CAP E 1/16 CORNIER SECTION 14 �j ,> m NW CORNER SECTION 14 -� FOUND ALUMINUM CAP 41 -0 m Cd BA518 OF BEAMING N 1/4 CORNER 5ECTi0N 14 = 10 11 S89'09'27"E 2657,99' W.Franklin Rd. S89'13'12"E SS913'12"E 589 13'12"E 11 12 15 14 1577.99' 1O86.Q0' 786.90' 542.04' 1328.90' C r m d POINT OF 54D 34'27"W NOtr3a'20"E 14 13 4J � o w BEGINNING Rezone Area:40.984�4C I U o z_r 234.00' 357,00' Parcels 51214212459,51214212580, Uri n S1214121134,S1214120710&51214120805 +' ,, o v - n 5121422.2622,a port€on of s�aze'as"E ~ c —2 S1214212742&S1214121172 556.22' i % Y w u Current Zoning:R-40&C-C SOD'34'20"W w v �° S89'28'20"W Proposed Zoning:C-G 459.40 a 465.90' NMS'26"W 3 a T677.56' a v CENTERLINE OF ¢ Y TEN MILE DRAIN S75'31'344J 180.64' DATE: Ome.,200A SHEET: — � — — — 1DF1 FOUN❑ 5/8' RFEAR NE 1/16 CORNER SECTION 14 CURVE TABLE CURVE RADW5 LENGTH I DELTA CHORD SRG CHORD C3 286.50' 96.67 1 19-20.00 34"W 96.22' EKIN EERS.SuRVEV m.PIANNmR 9233 WEST STAIR$7REFT epISE,IDA W 85714 PHONE I2001539.6939 EA[(2016 30 Ten Mile Crossing H 2O20-0074 Page 612 ttem#2�. EXHIBIT B o N i+ 0 300 600 900 c Plan Stake:1"=300' S 10 11 BASIS OF BEARING r W`Franklin Rd, S89.09'27'E 2657.99' ° •� — S89'13'12"E 2657,79' 11 12 c T 15F 14 13 •� o a 0 POINT OF COMMENCEMENT ? s l FOUND BRASS CAP d NW CORNER SECTION 14 N 1/4000RNER U EICTION 14I 0 °7 I p v v aI N ` _ z t m 0 a CE117E1UNE OF n N TEN MILE GRAIN F POINT OF LLJ v u I BEGINNING y y � 4 sesae'ae'•e � � Rezone Area:3.895±AC 585.08'26'E 246'53' a Portion of SI214121172 81.87' (TIE) 504.52'53"W ¢ r 51214121133&51214233668� c? 63.54, t Current Zoning:C-G&TN-C l DACE; f b..ry 3031 Proposed Zoning:R-40 MpEcr. 13-ios NOO'49'30"E l SHEET: 99.70' 589'I0'36"E I ry 1 OF 1 232.36' g� nr � CURVE TABLE CZ NAVE RADIUS LENGTH DELTA CHORDERG CHORD I LEGEND l lam C1 461.00' 194.95' 24'13'44' S16'59 46"W 193.50' FOUND BRASS CAP S FOUND ALUMINUM CAP C2 1000-00' 41&98' 23'53'28- N7714203'W 413.96' A CALCULATED POINT ENGINEERS-SVRVEVORS-MANNERS 5237 WEST 5TATE STREET C3 640.00' 469.81' 4451'49' N22'38'33'E 457.90' RF70NE BOUNDARY RMSE,T0w033714 PHONE I2WI 639-6939 —SECTION LINE FAx(2oNI639.Bg3P Ten Mile Crossing H 2O20-0074 Page 613 ►tem#21. EXHIBIT B o Q � _ � V S i a 7 v _O n CURVE TABLE 'C m g CURVE RADIUS LENGTH DELTA CHORE BRG CHORD t) c C1 2CO.00' 131 A3' 3732'15" N77-57'36"W 128.70' m Izi 7 Q C2 3C0.00' 57.88' 11'03'1W N47 41'44' "E 57.79' C 03 500.0u' 141.85, 11315'16' N3405'26'E 141.37' Ql z Y m C4 926.00' 271.76' 18'48'54" N8'43'25"E 270.79' 42'45' N1 '19'30' LiC5 500.00' 120.39' 14 o a C6 300.00' 144.04' 27'3C'34" N12-55-37-W 142.6C +a F o C7 1000.00' 182.4ar 14'27'20" S70-30'59"E 182,23' iE CS 926-CO' 793.61 11-58'46" S23'0T15"W 193,25' x ° o 4 Z LINE TABLE m a LINE BEARING DIST CE fMTE: FeMary N121 L1 N89'1 1'30'W 50.1E EamKr saE� L2 NO'48'30"E 172.47 5HEET: L3 N36'43'42W 53.27 2OF2 L4 N949-30"E 17.95 L5 S29'CB'38'W 44.98 km EXGIXEEPS.SURVEYORS.PLWNERS WEST S�a�ESTREET BO16E.IOAN083]u rvElzoIls'fsrs Eax[zoal csx-zs3o 7 a ILI O TM Creek Sub.No.3 a NW 1/16 CORNER t Y -6 SECTON 14 I a v — W cobaltDP. V 0 0 0 c — — L4 n C> .7 a v N 1/15 CORNER Rezone Area:0.533±AC °' sEcnGNs 14 & 15 Parcel 51214233668 �� L5 0 Iri Current ring TN-C u (U 0 Z Proposed Zoning:C-G C LI) r' "I 0 W 3 POINT OF IV ++ IV 9 EGiNNING 2C4 (TIE) V Y Parcel51214233fi68 I Current Zoning: C-G NOO'18'58"E Cc 2fi2.00' {TIE) ++I is .H o PAINT "A" ~ m I L Y S.V C2 C, I x o o angEla��Way SOC'18'58'W W p Rezone Area:0.654:AC 494.23' Parcel51214233668 a L Current Zoning:R-8&TN-C N99'11'30'W Proposed Zoning:C-G � 48.56' (TIE) Nmu February_ se9ASIS 0'E BEARING 7' — L1 XaEn, s-ws TM Crossing Sub.No.1 BASIS OF BEARING SHEET: POIN7 OF FOUND ALUMINUM CAP BEGINNING 1 1 OF 2 IN 1/4 CORNER SECTION 14 POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER OF SECTION 14 LEGEND ® ALUMINUM OAP km A CALCULATED POINT REZONE BOUNDARY ENGINEEP$.S�RVEYOH5.PW1NER5 0 400 goo1200 — — —SECTION LINE 9z9s wes7 s,n,�srneET EOISE,IEMX0837. PHONE aUj 639.6939 Plan Scale:1"=400' Ehx coa1699-6930 Ten Mile Crossing H 2O20-0074 Page 614 Item#21. CERTIFICATION OF SUMMARY: William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. ). , William L. M.Nary, City Attorn SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 21-1930 An ordinance (H-2020-0074 TM Crossing) for the rezone of tracts of land as defined in the map published herewith; establishing and determining the land use zoning classification as follows: 40.98- acres from the R-40 and C-C zoning districts to the C-G zoning district; 3.9-acres from the TN-C and C- G zoning districts to R-40 zoning district; 0.65-acre from the R-8 and TN-C zoning districts to the C-G zoning district; and 0.53-acre from the TN-C zoning district to the C-G zoning districtin the Meridian City Code ;providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder,and the Idaho State Tax Commission, as required by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] RE-ZONE ORDINANCE—TEN MILE CROSSING-H-2020-0074 PAGE 3 O� Page 607 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION Per Idaho Code 74-206(1(b) To Consider the evaluation, dismissal or disciplining of, or hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student. Ll