Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2021-08-24 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 24, 2021 at 6:00 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 PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the August 10, 2021 City Council Work Session 2. Approve Minutes of the August 10, 2021 City Council Regular Meeting 3. Apex Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 4. Creason Pedestrian Pathway Easement - Waterbury Park Subdivision 5. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 6. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 7. Full Release of Easement for 1256 and 1308 S Rackham Way 8. Final Plat for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. 9. Findings of Fact, Conclusions of Law for TM Creek Apartments Phase 3 (H-2021- 0035) by Brighton Corporation, Generally Located South of W. Franklin Rd. and East of S. Ten Mile Rd. 10. Development Agreement Between the City of Meridian and Triple D Development, Inc. (Owner/Developer) for Prevail North Subdivision (H-2021-0021), Located at 5150 S. Meridian Rd. 11. Development Agreement Between the City of Meridian and Viper Investments, LLC; Open Door Rentals, LLC; Corey Barton; Endurance Holdings, LLC; Schweiger, Gary R. and Schweiger, Judith L. Trust; and Johnson, Casey J.L. (Owners); and Challenger Development, Inc. (Developer) for Foxcroft (H-2020-0113), Located Directly West of Ten Mile Rd., on Both Sides of the Proposed Pine Ave. Extension and East of the Tenmile Creek 12. No Build Easement and Agreement Between the City of Meridian and the Joseph B. & Carolyn R. Chandler Trust 3/20/20 13. Renewal of Agreement for Fire Department Communication Dispatch Services Between the City of Meridian and Ada County for Fiscal Year 2022 14. Resolution No. 21-2282: A Resolution Vacating a Public Utility, Drainage, and Irrigation Easement That Was Initially Established with the Mussell Corner Subdivision (Recently Replatted as the Victory Commons Subdivision No. 1) Situated in Government Lot 4 of Section 19, Township 3, Range 1 East, Boise Meridian, Ada County, Being Located in Lots 1, 2 and Lot 4, Block 1 of Mussell Corner Subdivision on File in Book 95 of Plats in Pages 11624-11626, in the Office of the Recorder, Ada County, Idaho; and Providing an Effective Date 15. City of Meridian Financial Report - July 2021 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 16. Public Works: Proposed 2022 Solid Waste Fee Discussion 17. Finance Department: Fiscal Year 2022 Citywide Fee Updates ACTION ITEMS 18. Public Hearing for Creason Creek Subdivision No. 3 (SHP-2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. Approved A. Request: Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. Motion to approve made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 19. Public Hearing for Horse Meadows MDA (H-2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd. Continued to September 28, 2021 A. Request: Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat (H- 2020-0060). Motion to continue to September 28, 2021 made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 20. Ordinance 21-1940: An Ordinance Amending Meridian City Code Section 1-5-2, Relating to the Official Newspaper of the City of Meridian; Providing a Savings Clause; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 21. Ordinance No. 21-1941: An Ordinance (H-2020-0113 – Foxcroft Subdivision) For Annexation of a Parcel of Land Located in the Southwest ¼ of the Northeast ¼ and the North ½ of the Southeast ¼ of Section 10, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 24.567 Acres of Land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 22. Ordinance No. 21-1942: An Ordinance (H-2021-0021) – Prevail North Subdivision) for Annexation of a Portion of Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 5.63 Acres of Land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 8:19 pm Item#4. Meridian City Council August 24, 2021. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August 24, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Joe Dodson, Alan Tiefenbach, Brian Caldwell, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is August 24th at 6:02 p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next item --we did not have anyone signed up under the community invocation. ADOPTION OF AGENDA Simison: So, we will move on to the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Second the motion. Page 121 Meridian City Council Item#4. August 24,2021 Page 2- — 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: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 10, 2021 City Council Work Session 2. Approve Minutes of the August 10, 2021 City Council Regular Meeting 3. Apex Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 4. Creason Pedestrian Pathway Easement - Waterbury Park Subdivision 5. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 6. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 7. Full Release of Easement for 1256 and 1308 S Rackham Way 8. Final Plat for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. 9. Findings of Fact, Conclusions of Law for TM Creek Apartments Phase 3 (H-2021-0035) by Brighton Corporation, Generally Located South of W. Franklin Rd. and East of S. Ten Mile Rd. 10. Development Agreement Between the City of Meridian and Triple D Development, Inc. (Owner/Developer)for Prevail North Subdivision (H- 2021-0021), Located at 5150 S. Meridian Rd. 11. Development Agreement Between the City of Meridian and Viper Investments, LLC; Open Door Rentals, LLC; Corey Barton; Endurance Holdings, LLC; Schweiger, Gary R. and Schweiger, Judith L. Trust; and Johnson, Casey J.L. (Owners); and Challenger Development, Inc. (Developer) for Foxcroft (H-2020-0113), Located Directly West of Ten Mile Rd., on Both Sides of the Proposed Pine Ave. Extension and East of the Ten Mile Creek 12. No Build Easement and Agreement Between the City of Meridian and the Joseph B. & Carolyn R. Chandler Trust 3120/20 Page 122 Meridian City Council Item#4. August 24,2021 Page 3 of 51 13. Renewal of Agreement for Fire Department Communication Dispatch Services Between the City of Meridian and Ada County for Fiscal Year 2022 14. Resolution No. 21-2282: A Resolution Vacating a Public Utility, Drainage, and Irrigation Easement That Was Initially Established with the Mussell Corner Subdivision (Recently Replatted as the Victory Commons Subdivision No. 1) Situated in Government Lot 4 of Section 19, Township 3, Range 1 East, Boise Meridian, Ada County, Being Located in Lots 1, 2 and Lot 4, Block 1 of Mussell Corner Subdivision on File in Book 95 of Plats in Pages 11624-11626, in the Office of the Recorder, Ada County, Idaho; and Providing an Effective Date 15. City of Meridian Financial Report - July 2021 Simison: Next up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the -- or approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, anybody signed up under public forum? Johnson: Mr. Mayor, there were no signups. DEPARTMENT / COMMISSION REPORTS [Action Item] 16. Public Works: Proposed 2022 Solid Waste Fee Discussion Page 123 Meridian City Council Item#4. August 24,2021 Page 4- — Simison: Okay. Thank you very much. So, we will move into Department/Commission Reports. So, Item 16 is Public Works proposed 2022 solid waste fee discussion and we will turn this over to Joanna. Hopson: Good evening, Mayor, Council Members. Before I speak this evening about rates, I would like to introduce our solid waste coordinator Sarah Schultz. She started this week on Monday. Thought it would be good that you can recognize her face. Before I -- I want to -- in two weeks Republic Services will be presenting their fiscal '22 rate proposal to you. This year there are two fees that have MOUs attached to them. One is the continuance of the recycle processing fee and the other is a one time market labor adjustment. Those MOUs have been sent to you through e-mail in advance. This evening we are not asking for any action, but wanted to provide you with the opportunity to outline any questions or information that you would like us to prepare for the presentation that's in two weeks. So, please, if there is any information that you would like us to add let me know. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Joanna. I know one thing that came up in the discussions for the SWAC committee was getting a schedule of all of the cities -- some of our surrounding cities and what they pay on residential. So, I was hoping you would have -- have that maybe in a couple of weeks for context. Hopson: I do have that information. I don't have it with me, but we can make sure we include that. Strader: That would be perfect. And, then, maybe just -- maybe just like a little flavor or background for the discussion -- Simison: That's what I was going to go to, see if you wouldn't mind summarizing the information that's been provided to Council for the public and the record. Hopson: Absolutely. Actually, I brought Republic Services in this evening, so that they would be the best to describe the rates that they are requesting. Simison: Okay. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor as Republic Services representatives are coming, just to give context to the Council -- so, we have had an ongoing collection services contract MOU dated back a number of years and their predecessor SSC was the recent one that we did some Page 124 Meridian City Council Item#4. August 24,2021 Page 5— 51 amendments to and since Republic Services has been our provider since 2012 we have had a few occasions to have some MOUs memorialized -- some of it was to memorialize existing services that had already been provided previously, but it had never been memorialized in a document, predominantly dealing with recycling, but the -- the two that are in front of you -- one, again, is a continuation of-- as Joanna mentioned -- a few years ago we started doing a small charge because of where recycling had landed worldwide and the cost of both -- not just the collection, but the processing of recycling had increased significantly and the return had diminished significantly. The city agreed annually to review that request from Republic to share some of those costs of the processing fees. So, that's what that MOU is capturing. The second one, again, is a new fee that Republic's asking to add to the base rate and, then, again, asking the city to share in that -- some of that cost of-- basically around the collection side. Again, I think Republic can get to more specifics in what our intention, again, to come back in two weeks to do a full blown presentation after we have noticed the fees appropriately as required by code before they can be implemented. So, that's kind of the background of where we are today and so can turn it back over to Republic. Simison: Thank you. If you can state your name and address for the record or whoever is going to be commenting. Bennett: Okay. I am Bob Bennett, general manager, Republic Services. Address 1101 West Executive Drive in Boise. I'm going to comment specifically on the labor increase and what is an ask. It's no secret that businesses -- not just here in the Treasure Valley, but across the country are having a really hard time with labor today. It's a very big deal and more specifically commercial drivers. It's a nationwide problem and one of our challenges has been here in the valley everybody's scrambling to get drivers, so those wages have went up. We have had people offered crazy amounts of money to jump and so we started a process back in November of last year where we did a labor analysis to make sure that we were at or slightly above market and we were able to not just get the best candidates, but retain the talent that we have got on our team. So, you know, one of the things that, you know, I have noticed since getting here -- when I started with this company, when I would post a position I would get 25 applicants at least per position and I have seen that change over time. So, we went through this -- this market adjustment process. We actually did the adjustment already and what we are asking for is consideration to share 50 percent of that adjustment through our rate increase this year. So, Republic is going to, you know, take part in 50 percent and we are asking as a business partner that Meridian takes 50 percent of that in their rates. I will tell you since implementing this we are now in one of the best staffing positions we have been since COVID started and provided everybody makes it through the background checks going into leaf season this year we are going to be close to fully staffed, which is a -- you know, hasn't been the case for the last, you know, couple years. So, I feel really good about it. Our drivers -- and I have a passion for this. These men and women work really really hard and we have got to pay them a wage that allows them to own homes, have a life, raise their families and so thank you for your consideration. Are there any questions? Simison: Thank you. Council, any questions? Page 125 Meridian City Council Item#4. August 24,2021 Page 6- — Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Bennett, I was just kind of curious, besides wages it is also benefits packages or is it just primarily the pay rate? Bennett: This is just pay rate. So, benefits, as our -- you know, we have our company benefits package that doesn't change. What we did is for drivers across the board two dollars an hour and for some of our other hourly employees it was less than that, but somewhere around the dollar mark on average and we did it for all hourly positions. Nothing in the management or salaried labor side. Hoaglun: And, Mr. Mayor, just -- Simison: Councilman Hoaglun. Hoaglun: -- a comment was -- I remember I was on Council when previous contractor came before us and announced that they wanted to switch out trucks and go to automatic lifts, you know, and whatnot. So, I think that was a good decision back then, even though some people were concerned about the loss of jobs and people, you know, out of work when, really, that's the way you have to go, because you have less manpower and -- and, of course, the weight that some of them lifted and what it did to their bodies, so, yeah, anything we can automate now looks like is the way to go. Bennett: Yeah. And we are going to continue to be an innovator with the automation, because I agree with you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just to give some background information, like additional background if it's helpful. So, the way that our contract works currently -- it's based on 90 percent of CPI and so that's the allowable increase that they can request. They have in the past had a federal -- basically fuel offset credit that they have credited back to the city that you could argue partially-- does it partially or wholly cover the cost of increase? Wholly covers it? Bennett: Almost exact. Strader: So, there was some debate on SWAC about whether, you know, one path could be to say, okay, just hold on -- let's not make a change, you can request, you know, CPI and, then, you can just not cut us a check for the federal tax credit. There is also some discussion about -- if we make this change ensuring it's for one year only and that it's not actually added to the lease going forward. I think Republic would like it to be added going Page 126 Meridian City Council Item#4. August 24,2021 Page 7 of 51 forward and there was some discussion on SWAC about whether that was appropriate. So, I just wanted to give that, you know, kind of context for everybody. Some of the discussion. My -- my question in -- not the last meeting, I was in another place, another meeting, but the previous meeting my question was, you know, how much of the labor cost are you passing through; right? So, you are running a business, very profitable business, and Republic Service is doing well and some of our commissioners are checking up on your quarterly financial filings and so forth to see how you are doing and one of the questions I had was, you know, you need to do better, too, right, to control your costs and manage your way through an inflationary environment. It's not realistic to pass through like a hundred percent of your labor costs and so my primary question was how much of this are you going to go ahead and take on the chin and eat into your own margins and do things better and faster and more efficiently before you come to the City of Meridian? So, I just wanted to kind of give that -- that background. Simison: Thank you. Council, any additional questions for -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Bob, just a comment, I guess. I appreciate several things from -- from this. The perspective that your company has taken to be proactive to ensure you have got the right labor force to provide the services. There have been occasions in prior years when there has been challenges and citizens are understandably irate and we get calls, understandably so. So, you have been very proactive to -- to avoid that problem. So, I commend you for that. You have been proactive in solving it first and not coming to the city and, you know, solving it only if the city participates. I think that also -- it just shows a good partnership and relationship with the city and, then, the -- the idea of-- of sharing that expense, it's not all being passed on to the ratepayers necessarily, we are all sharing the struggle with trying to have the manpower to provide the services that we are required to provide. So, I appreciate that approach. I think it's consistent with the way your company has been a partner with the city. Look forward to the discussion in a couple of weeks, but that was well taken. Bennett: Thank you. Simison: Council, anything else? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sorry. Maybe just one more comment. So, I -- I think it makes -- I echo Councilman Borton's comments and I think it makes sense to help you guys right now through what has been a little bit of a shock probably to your business plan. I do think it would be important context when we make the decision, if we are going beyond what our Page 127 Meridian City Council Item#4. August 24,2021 Page 8- — contract outlines that we get grounded in how much we are paying per resident, you know, how much we are paying for each type of service compared to our surrounding cities to make sure that if we are going outside of our contract we feel like the Meridian taxpayers are still getting really good value for the service that -- that they expect. So, I just wanted to state that. Borton: Good point. Simison: Thank you for being here and for the update and the service you provide. Bennett: Thank you as well. 17. Finance Department: Fiscal Year 2022 Citywide Fee Updates Simison: Next item on the agenda is No. 17 from our Finance Department. Fiscal year 2022 citywide fee updates. Purser: Thank you, Mayor, Council. I will try and make this as painless as possible, because we are talking about fees. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: You have had --you have had -- you have had a lot of practice up until now though. Purser: Right. You know, I stretched before I got up here, so we are good. Appreciate it. Thank you. So, today I stand before you, we have a total of 123 fee changes. To break that down, you can see 121 of those are related to water meters, water repair fees, those are basically to pass through. The price of X meter changed. So, we are rolling that up, so we make sure we capture what we are paying for. We have one new planning fee that -- a remand fee and, then, we have a building fee update. I think it's related to QLPE. That one's contractual. It goes up like eight dollars and that's based on the contract. So, in summary, that's the -- the total number. If we break this out a little bit differently, when we look at the updates we have 28 of these fees are greater than five percent, which means we have to notice these, which we will be doing over the next two weeks. Forty-eight of them are less than five percent, so we don't have to notice those, but will be included in the resolution, and we have 47 new fees, which I will break down here in a few minutes -- or seconds hopefully -- that are -- that are new. When I look at the -- at the fees that are greater than five percent and see that, you know, 28 of them are related to the mentioned earlier fees that are basically a pass through, the building fee is the one where it's just a contractual change. It just happened to be that the change is greater than five percent than what we have been charging. When I look at the new fees, you see about 46 of them are related to those fees that are strictly pass through and we have one remand fee with our Planning Department that is new that we will be noticing. So, with that the next steps really -- we need to publish those fees that are new or over Page 128 Meridian City Council Item#4. August 24,2021 Page 9- — five percent. I will be back in front of you again for public hearing after we have noticed for two weeks, you know, seeking your approval and a resolution and whatnot on the fee updates for the year and if we have the public hearing I'm setting up for 9/21 with the -- the idea that these fee changes would be effective October 1 . And with that I will stand for any questions. Simison: Thank you, Brad. Council, any questions at this time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: One question. It may not be for you, but that -- that remand fee doesn't have a dollar amount associated with it. Am I -- Purser: It should be 705 dollars. Cavener: Okay. Purser: Sorry about that. That one must have not gotten included in that. We were working on the --the basis for that, basically. There is like a little bit of clerk's time involved with that and, then, you know, to re-noticing --there was something else. I can't remember offhand, just because I'm standing up here. Cavener: Fair enough. Maybe when we -- when we come back for the public hearing just kind of clear the air on that particular piece if you can. Purser: Yeah. I will do that. Cavener: Thanks. Purser: Thank you. Simison: Council Woman Strader. Strader: Thanks, Brad. Just a couple of questions. When is the last time we updated our fees? Does it happen annually? Does it happen every five years? Purser: Thank you, Mayor, Councilman -- Council Woman Strader. We try to do this once a year. We collect all the fees that need to change annually. So, it's an annual process that we go through. Strader: Got it. And, then, you know, I was looking at some of the fees in the schedule and there were several that were changing by 40 percent or more. In one case for hydrant meters it was like 70 percent. So, a significant change. What is driving the cost increase? Is it the -- you know, commodity prices or the equipment costs? Is it labor? Is it both? Page 129 Meridian City Council Item#4. August 24,2021 Page 10 of 51 Like -- especially with these ones where we are seeing a big change, kind of what are the drivers of that? Purser: Thank you, Mayor, Council Woman Strader. I do have Public Works here to help with that. I believe it's simply pass through. So, you know, if you would like to come and make comment on that, but my understanding was it's pass through on that. Tiller: Yes, Council Woman Strader, it is pass through, but it has to do with the -- the polymers of the meters, trying to get that at this particular point. It's just a general increase each year. With the hydro meters in general -- Strader: Speak into the mic very close, because it's hard for everybody to -- Tiller: This one? Simison: Either one. Tiller: Hello? With the hydro meters in general it's --they have changed the design. They are more modular. In the past we have been able to buy just say a meter register head. Now they have built that into the whole measuring chamber, so that increases -- it's the fact that that's the only thing we can now purchase for that particular meter. Strader: Got it. So, there -- really you just have one option available. The manufacturer has increased the price and it's a pure pass through in terms of whatever equipment -- whatever we -- whatever price we get we simply pass that through. Tiller: Correct. Strader: Okay. And do we add any additional charges for labor or anything? Tiller: No -- Strader: Okay. Tiller: -- we do not. Strader: Thank you. Makes sense. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Before Dennis goes too far. You might answer this. Maybe you, Brad. But I was just curious, you know, the bottom half of this they talk about new fees and it's adapters and bushings and different things. Is this -- is this because of some changes in the types of things used or are they because we are breaking things out now, where Page 130 Meridian City Council Item#4. August 24,2021 Page 11 of 51 before it was just part of that meter and we knew that they needed that stuff? Tell me a little bit about the new fees, what -- why some of those are -- are there, so -- the five dollar parts and whatnot. Tiller: So, yes, Councilman Hoaglun, that's -- that's a very good question. It's -- it's no secret there is a lot of construction going on now and we are starting to see that in damages to our utilities. So, these -- these new fees are to cover the cost of the different fittings and materials needed to repair these utilities and we -- and we -- we are seeing that -- that the little items, like these that you are seeing, are definitely adding up on these repairs. So, we are trying to capture that cost and pass those along to those who have damaged it and not onto our ratepayers. Hoaglun: Okay. Good. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: What part of the discussion early on in the fee -- the fee update process includes what fees to cut or eliminate? Is that part of the standing agenda for the annual review of fees before we increase any of them? Purser: Thank you, Councilman Borton. There are -- I don't have them listed here. There are several fees that we are actually deleting or removing. I want to say that's above 20 -- between 20 and 30 1 think. So, there are fees that -- if we haven't charged are no longer -- they are obsolete, you know, we do clean that up as part of the process. Borton: Okay. And a follow up to that. Simison: Councilman Borton. Borton: Is there -- is there a reason why when we publish the fees that are changing by five percent that -- since we are publishing anyway we don't publish all of them or include publishing the ones that are being eliminated -- Purser: Great question -- Borton: -- if it's not required. Purser: Yeah. Maybe that's a preference, Councilman Borton. You know, in one way we will have all the changes in a -- in a resolution. We are required -- I think by state statute to publish any new fee or any fee that is increased greater than five percent, so maybe to cut down on paper, since there are a lot, but -- there is a preference either way, you know. Borton: The reason I bring it up is I think part of -- part of the process that's important is the validity in -- in the structure of what you go through to end up with these fees and it's Page 131 Meridian City Council Item#4. August 24,2021 Page 12 of 51 not -- there is several steps that the public really doesn't see, we don't see, but there is a lot of work behind the scenes that vets them and part of that important process that I think it's helpful for the public to know is that you look at fees to reduce or look at fees to cut or they are now obsolete. I think it's important -- an important part of the story and it lends credibility to the end result, the same as any outreach you do to stakeholders. I just think all of that is an important part of the story. So, if publishing it just makes the public more aware that -- that some fees are going up less than five percent we are letting you know and some fees are getting eliminated, it just -- it makes the public more receptive to the process and, therefore, the end result. So, I appreciate you doing that. I'm glad -- I'm not surprised it's part of the process, but I think it's really good stewardship to make sure that anytime you can eliminate or reduce you do so. So thank you. Purser: Thank you. Simison: Well, if it's Council's desire to publish every fee, I would rather make a code or policy change citywide, not just applied to here and put it in the ordinance if that's what your desire is. I just can't tell. It's -- Borton: Mr. Mayor, it could be a future meeting. Just something to discuss, just it's -- it's a notice concept where code has a minimum requirement, but you don't have to do it for this one off, but there is an opportunity for us to provide additional notice that fees are changed. Might be worth doing. It could be a future meeting topic. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, again, just for some context, Council, the -- the primary reason to not publish every fee is cost. I mean, again, it's just an additional cost and it is very expensive printing it. But to Council Member Borton's point, on the solid waste fees, Republic absorbs that cost. So, they do print all the fees, regardless of whether they are -- well, they, obviously, do new fees and increased by five percent, but even increases less than five percent they print those as well. But they do absorb that cost, so -- so, we do do it that way for those and we have done it differently for the citywide fees. But to your point, Councilman Borton, I think it's true is that part of the conversation has to be that there is -- there is a method to that. I mean, again, we don't simply randomly pick the number, I mean it's based on some formula and math and accounting practices and needs, so, you know, it is -- sometimes you will have folks that object to the cost of something that's 1,200 dollars, well, again, it's been vetted significantly and that is a cost recovery. So, that's -- they are not -- they are not making a profit, it's simply based on what it costs to process that or notice -- notice up the public hearings and the notifications and all of those things. So -- so, good -- good information for future discussions as to whether or not to do that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 132 Meridian City Council Item#4. August 24,2021 Page 13—— Bernt: Maybe it's just as simple as, you know, having that discussion on the public record during a presentation, just so that people are wanting to know what that is and what we are cutting, like Council -- Councilman Borton mentioned,just maybe even just that I think might be -- suffice. Purser: We will do that. Simison: Council, any additional questions on this topic? Okay. Thank you. We will see you back here in -- Purser: Three weeks. ACTION ITEMS 18. Public Hearing for Creason Creek Subdivision No. 3 (SHP-2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. A. Request: Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. Simison: -- a month. Okay. We will now move on to our public hearings for the evening. First up is a public hearing for Creason Creek Subdivision No. 3, SHP-2021-0003. We will open this public hearing with staff comments. Tiefenbach: Good evening, Mayor and Council. Alan Tiefenbach, associate planner with the City of Meridian. So, yes, this is a short plat for two lots. The subject property is just a little less than half an acre. It is zoned R-8. It's located near the southeast corner of West Ustick Road and North Linder. It's over to the southeast as you can see there. have got these exhibits so -- because it's a little confusing, so I can sort of describe this to you. In September of 2015 the subject property was part of the Creason Creek annexation and preliminary plat. This plat consisted of 51 single family lots and eight common lots on 16 acres. The entire property was zoned to R-8. At this time the subject property was identified as Lot 1, Block 1. If you can see my pointer, this is the subject property here. Again, it was identified as Lot 1, Block 1, and at the time it was designated as a common lot for the purpose of a dog park. The first final plat for the subdivision allowed 34 buildable lots. That was approved in 2016 and, then, there was the next filing, which was filing two. That was approved for 13 residential lots in 2018. In 2019 the City Council approved a modification to the previously approved final plat number two to relocate the dog park. So, the dog park was originally here. This modification to the final plat allowed this dog park -- let me close -- allowed this dog park to be moved over to here and also adjusted the boundary to incorporate a little more land and it allowed this lot to become two buildable lots. Originally this was buildable -- buildable lots. This one was an open space. This was basically a land swap where this -- this dog park moved over here and allowed this to be buildable. This increased the common open space slightly. This current proposal now is a short plat to complete that subdivision that was Page 133 Meridian City Council Item#4. August 24,2021 Page 14 of 51 allowed for that buildable lot and it would be, then, subdividing it into two new lots, 17 and 16. Access will occur by a common drive, which is here. Actually, our regulations say it has to be a common lot. The applicant's aware of that. That will be, again, a tract for the purpose of the drive. Staff has reviewed this short plat -- short plat for substantial compliance. Staff notes, like I said, that the access is a -- is an easement -- I -- this is a -- sort of a -- we asked the applicant to demonstrate how the buildable area would go here just because of the strange configuration of the lot, which is what you see here. We wanted to make sure they had adequate parking and that they were able to make the parking work if they can. As I said, the -- the access right now is a common easement or as UDC requires all common driveways to be on a common lot, we asked them to provide this exhibit. One thing I want to mention is that we have received one letter in opposition to this request. This is -- the issue that's at hand here is that the property owner directly to the south was told during the hearings for the original preliminary plat that the property -- the subject property was to remain an open space park, sort of like what I said. However, when the final plat modification happened a public hearing and notification are not required, so he wasn't sent notification, so he was not aware that this lot was converted to be a buildable lot, which now it's, for the most part, entitled to do that. So, believe the -- the -- the neighbor is here tonight to talk about that, but certainly he has an issue he wants to express with that. Other than that, speaking purely from the code, it meets all the regulations and, therefore, staff recommends that Council approve. And would stand for any questions. Simison: Thank you, Alan. Council, any questions? Okay. Would the applicant like to come forward. If you could state your name and address for the record, please. Unger: Mr. Mayor and Council, my name is Bob Unger. My address is 9662 West Arnold Road -- Road, Boise, Idaho. 83714. And I represent CS2, LLC, who is the owner of the property. I have gone through the staff report and we concur with the staff report and their presentation and we also agree with the conditions of approval. So, we would stand for any questions that you might have. Simison: Okay. Council, any questions? Okay. Unger: Thank you. Simison: Thank you very much. This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, yes, Steven Kiser. Simison: If you could state your name and address for the record and be recognized for three minutes. Kiser: Thank you. My name is Steven Kiser. I live at 1354 West Claire Street in Meridian. My property backs up to this -- to this proposed amendment, which from the very beginning I was told that it's a done deal and nothing I -- and none of my concerns would Page 134 Meridian City Council Item#4. August 24,2021 Page 15 of 51 be -- ever be addressed to my satisfaction, but I wanted to bring my concerns here. I can't read this very well. Concerning to existing dog park in Creason Creek phase one, in 2016 when the sub plans were presented to the city, the -- the developer was -- was told that in able to use this property and the --the property that he's giving as the alternate dog park area, that they had to tile in Creason Creek from 13th Street over to Linder, which would cover the whole thing, so that there would be access and he told me at that time that it wasn't cost effective and that the -- the section that is in question today would be -- remain a dog park and they told me that in person at the on-property land meeting that they had. Oh, I'm sorry. And the sub was built and the dog park, which was presented to the city as was constructed -- this took out the ditch that provided water -- our water rights for irrigation to my subdivision out of play. We hadn't been using it for a few years, but we still -- if I sold my land now I would have to tell them you have water-- water rights, but you can't get to it anymore, because they built the houses here and stuff and nothing was done about that. The -- I believe that the dog park should, then, belong to the HOA that-- and all the --the people in that subdivision, because they pay the fees that maintain the -- the management group, as well as the lawn care and pay the water and I presumed the taxes as well. So, I don't understand how the original developer can come back and say that he owns that land. It should be owned by all the HOA people in the subdivision and I found out in talking with different neighbors that originally he did not own the land that was the access -- it's only about 30 feet, but it's from 13th Street, which is where the new driveway that has to be shared by these two -- two homes is now located. But after the subdivision was built he was able to purchase that piece of land for a dollar from the HOA that owned it and they -- they all -- the people that I talked to -- I went door to door and asked them about it and they told me that they sold the land with the understanding that this was going to remain a dog -- dog park for the area and that they use it and it's my backyard, so I know that people use it and stuff and they were very upset about that, because they felt like their agreement wasn't being followed. When the houses in Creason Creek were being marketed I went through almost every open house that was there and talked with the realtors and not one of them knew about the dog park there. So, they -- they hadn't been told that this is -- which now, in retrospect, tells me that he had planned this from the very beginning. The piece of land that is going to be a dog park now has absolutely no access for a vehicle from all three sides. It's a big triangle there. It has Linder Road and Five Mile Creek on one side, a subdivision on the other, and Creason Creek on the other side -- that goes along the entire thing. So, the only way that it will be able to be used at all is after the footbridge is built, which it isn't yet. Simison: If you could conclude your remarks. Kiser: Yes. Thank you. I guess that's about it. Thank you. I put it all in the e-mail I sent out anyway. Simison: Council, any questions? Cavener: Steve? Simison: Councilman or -- Page 135 Meridian City Council Item#4. August 24,2021 Page 16 of 51 Cavener: Sorry, Mr. Mayor. Sorry. Simison: Councilman Bernt. Bernt: Mr. Mayor, I appreciate your -- Steve, I appreciate your comments, because the e-mail that we had in the public record -- like maybe like an inch of the e-mail wasn't -- and so it wasn't able -- Kiser: Sorry. Bernt: -- I wasn't able to read all of is, so I wasn't quite following exact -- but I -- thanks for your comments. I understand what you are saying. Kiser: I -- my last comment is I have lived in this -- in my property for 38 years, so I know I'm prejudiced. I want a view and all this stuff, but I do -- every person that I talk to that borders there do not want a two story house built there and, personally, I can't stand the fence that they put in all the other properties, so I was wondering how I could have an input to let that be known, too, so thank you. Cavener: Councilman Cavener, do you have a -- Cavener: Steve, maybe one more question for you real quick. Sorry. You are getting -- you are getting your steps. Kiser: I'm sorry. Cavener: Thank you, Mr. Mayor. Steve, you talked a little bit about that the dog park was owned by the homeowners association. Kiser: Wouldn't it be if they paid the fees to -- my -- I always thought that when they put a park in the subdivision or whatever the subdivision owns it, not the developer that can come back four years later and say, hey, I want to put a couple more 550,000 dollar homes on this. Cavener: Mr. Mayor, maybe a follow up. Steve, what -- you indicate in your testimony that -- that you said the homeowners association sold the land for a dollar. Is that the same homeowners association or -- Kiser: One that owned that strip of land, which -- there were two brothers that owned the land. One of them subdivided his six years ago and that included 13th Street and the second one died just a few years ago and now his property is subdivided, so -- Simison: Council, any additional questions? Okay. Hoaglun: Mr. Mayor? Page 136 Meridian City Council Item#4. August 24,2021 Page 17 of 51 Simison: Councilman Hoaglun. Hoaglun: I know we will have the applicant come and discuss it further, but just so he has the benefit of the question and answer here to Alan, one of the things I'm curious about is that these -- these homes will be along the Creason Lateral and the driveway and I noticed in the agency comments there weren't any comments from Nampa-Meridian Irrigation District. I didn't know if it's because of the short plat situation or what, but, you know, there is that requirement along laterals and ditches of a certain amount of easement on both sides from the centerline of -- of those facilities, so I want to make sure that everything is copacetic with the driveway and buildings and everything else for that, since I didn't see their comments on this. Tiefenbach: Thank you, sir. Alan Tiefenbach, associate planner. If you are looking at this plot right now there is easement for the Creason Lateral, that's what you are seeing. Hoaglun: Mr. Mayor and Alan, follow up. Okay. That -- it's easement, see note 11. That 20 feet is -- is the driveway, then, is part of the -- Tiefenbach: Correct, sir. That's -- that's -- that's part of this property, but, actually, staff is recommending that that easement -- we are not recommending -- the code says that we no longer have common lots in easements, so what you are seeing there, the 20 foot wide common drive easement, will need to be an actual lot, a common lot. So, what -- that's our recommendation is that this be converted to a lot. Hoaglun: Okay. I follow that. Thank you, Mr. Mayor. Thank you, Alan. Simison: Thank you. Council Woman Perreault. Perreault: Mr. Mayor, thank you very much. Question for staff. I'm trying to figure out -- I have looked at just about every document in the -- in the file and I don't see where there is pedestrian access to the other parts of that -- of the subdivision. I --this is phase three. I assume that this is going to be a part of Creason -- Creason Creek overall. Can you talk to us about what obligations there are? Is it different as a short -- part of the short plat process or-- I don't see where this connects at all to the other portions of the subdivision. Tiefenbach: I don't know if I would -- Council Person Perreault, I'm not sure if I would say it connects to the subdivision, it connects to 13th Street. The -- the access to this lot is to the east of 13th Street. I would have to defer to the applicant, but I do not believe there is a pedestrian bridge or anything like that across this part, although I do know they are building a pedestrian bridge across the park to the north. So, there is access off of 13th, but not directly into the subdivision. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Page 137 Meridian City Council Item#4. August 24,2021 Page 18 of 51 Perreault: If a resident lived in that location they wouldn't have direct access to any of the amenities. Tiefenbach: Again, I might defer that to the applicant. My understanding is you would have to walk on 13th and go around and go in, but the applicant might be able to describe that better than me. Perreault: Thank you very much. Simison: Is there anybody else that would like to come forward and provided testimony on this item at this time, either in the room or anybody online? If you are online and you would like to provide testimony use the raise your hand function at the bottom and we can bring you in. We do have someone online who would like to provide testimony. Johnson: Mr. Mayor, they are unmuted. Simison: Can you state your name and address for the record? Wilfong: Sure. It's Merrily Wilfong and my address is 1235 West Lowry Street. Can you hear me? Simison: And you are recognized for three minutes. Wilfong: Yes. I'm in the subdivision to the east of Creason Creek. I'm in Southwick and my house sits across 13th from the dog park and, anyway, we were given notification of possibly multi-units going in there or, you know, single level dwellings and it just didn't make sense to me, because of the close proximity to that canal there. I just think that there is a lot of wildlife, there is a lot of -- we have seen raccoons over there, we have geese, a lot of birds use that area and it just didn't make sense to make that a part of Creason Creek Subdivision in developing it, adding more units there, instead of leaving it as a buffer zone, because of the close proximity to that canal. Simison: Okay. Council, any questions? Wilfong: I -- I did leave a message on the phone as well for my testimony. I just -- I just wanted to check in and hear, you know, how the hearing was going, how the committee was going and what their views were on that. But I totally agree with the gentleman that did make an appearance, that -- that backs up to that lot. I have seen many people use it as a dog park and I don't know -- you know, that was presented at the time when I went over there to discuss it with them, hey, what are you guys doing over here? They said they were making a dog park, that they weren't going to develop that and I'm not sure who I was talking to at the time, but -- and I wasn't even sure that was a part of Creason Creek, because it's kind of divided by the canal there, but, anyway, I was surprised when talking to a neighbor in Southwick, because he received a notification, too, as far as what our views were and it just didn't make sense. I mean slam a couple of more single levels in there and maybe earn some more tax dollars or, you know, the developer makes some Page 138 Meridian City Council Item#4. August 24,2021 Page 19 of 51 money off it or a builder or whatever. It just -- it just is an odd piece of land there to really consider developing and not leaving it as a buffer. Simison: Thank you. Council, any questions? All right. Thank you very much. Wilfong: You are welcome. Simison: Is there anybody else who would like to provide testimony on this item at this time? If not I will ask the applicant to come forward for closing remarks. Unger: Mr. Mayor and Council, Bob Unger again. Just very briefly we are proposing -- you know, we do -- or we are building a new pedestrian bridge for the new location of the dog park. The new location -- well, the old location was -- we kind of thought it was a poor location as it turned out, because we were being told by the residents of Creason Creek that nobody even knew it was there, it wasn't -- the word wasn't getting out. The HOA didn't--wasn't aware of it and kind of based on that and also the fact that the location -- the new location was originally identified for three future building lots and we decided that the location -- the new location was a better location than the current one and with the purchase of the common area, the small strip there on 13th from the adjacent HOA, it gave us access to this lot to where we could produce two lots to make up for the three lots that we got rid of, to put in the new dog park and also the new dog park is located adjacent to the future nature park that was a part of our approval. That is to the west of the dog park. We have already put in the pathways for that portion of the project and also to the dog park area and as soon as we get the bridge installed, then, everybody will have access to the dog park, the nature park, and also the children's park and everything will be located in that area. So, all of our park amenities and everything will be in one general location that everybody is aware of and they can find and they can get to and utilize. The -- let's see. The lateral -- the Creason Lateral, which is to the north of this -- of the subject site has been fenced. It has been fenced with a wrought iron fencing and that is established on the easement of the lateral and it was approved by Nampa-Meridian Irrigation District. Let me think here. I think overall, you know, this is -- this is a win for the Creason Creek HOA and the residents of Creason Creek and it's also an opportunity for the developer to recoup the -- some of his cost in the loss of the other three lots and with that I will stand for any questions that you might have. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Could you address that -- the question I had asked the staff regarding the residents of these lots, how they would access the amenities, how they would access the rest of the development by foot. Do they need to walk out onto 13th Street and, then, come up across on Lowry? Page 139 Meridian City Council Item#4. August 24,2021 Page 20—— Unger: Mr. Mayor, Madam Perreault, the old dog park, okay, where we are currently proposing to build two homes, that park had to be accessed via 13th Street, so you had to walk up Lowry and, then, over to 13th and, then, into the park area. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Yes, that answers my question. It's just kind of unusual for us to see neighborhoods where individuals walk on to a public street to get to access other parts of the neighborhoods amenities, but it's -- I understand that was always -- it sounds like that was always the intent if that was going to be a dog park that --that everyone from that neighborhood would access it on -- off of 13th. Was there going to be any parking on that site? And can you talk to us about where individuals will park at the new dog site? They have to be -- they have to access the actual lot by foot, but is there a place for -- for residents to park their vehicles? Unger: Okay. Mr. Mayor. The original dog park had -- had no parking, other than on 13th Street. Okay? The new dog park, although we haven't specifically, put in any parking, it is only a large cul-de-sac that goes nowhere. So, there is -- there is more parking there than -- than there was on 13th Street and it's much easier to -- to access these parks via foot traffic than -- than actually driving there. Hoaglun: Mr. Mayor, if Alan could go back -- Simison: Councilman Hoaglun. Hoaglun: -- to the other slide that showed both. I'm just kind of curious on how that -- excuse me -- access -- excuse me. I'm assuming -- is there a pathway along the Creason Lateral? Is that covered in where it matches the red area to the north -- northeast, the angled part? Is Creason Lateral covered there and, then, it opens back up or how do they -- to Council Woman Perreault's question, how -- how do they access that? It's not real clear where that access point is? Unger: Okay. Mr. Mayor, the -- the plan that he -- that is being shown by staff here is -- is not the correct phase two plan. Tumble Creek and the other street that is being shown, which is Northwest 13th, which actually isn't Northwest 13th, there is a large cul-de-sac there now. Okay? So, there is a pathway on the north side of the Creason Creek Lateral and that has been paved. It's currently also being fenced with wrought iron fencing on both sides of the lateral. In fact, I was out there today and our crew was out there installing the -- the fence and where you have this -- this turn to the north, that is where the cul-de- sac is and it -- well, it's actually a little further to the -- to the east. That's where the cul- de-sac is and that is where the pedestrian bridge will be installed. Hoaglun: Mr. Mayor and -- Page 140 Meridian City Council Item#4. August 24,2021 Page 21 of 51 Simison: Councilman Hoaglun. Hoaglun: -- Bob, thank you for that clarification. Yeah. What you were saying and what I was looking at just didn't seem to make sense. So, that helps quite a bit to know where that cul-de-sac is and that's where the crossing over the Creason Lateral will be and it will be fenced and open, so -- okay. Appreciate that. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Question for the city attorney Bill Nary. There was a comment made that the gentleman who was speaking had an issue that the ditch that provided his water rights got to taken out. Do you want to just give some context as to how he would resolve that? Nary: So, Mr. Mayor, Members of the Council, Council Member Strader, yes. Idaho Code requires that where ever the original source is that it maintain. So, if it's not, then, that's an issue both with this developer, as well as with the irrigation district, if his source of water has been cut off or diminished because of development. I don't know if that's true, but that's where the redress would be, because certainly the code does not allow it. Normally there -- they are piped and, then, they -- may be moved potentially, but that's usually an agreement with the property owner as to where the source has to go. But, yeah, certainly if there is an issue there that's a conversation with both of Mr. Unger and the irrigation district. Strader: Got it. Thank you. And so if -- if there is a concern that his water rights have somehow been breached or removed or what have you, then, would that -- how would he resolve that? Would that be with the irrigation district? Would that be in the courts? Like how would that get --just for my own education. Nary: Yeah. So -- Mr. Mayor, Members of the Council, Council Member Strader, I mean the first conversation he should have is with Mr. Unger. If he has gotten an access issue that his access has been diminished or changed in any way by the development probably that's the first conversation. Again, with the irrigation district -- the irrigation district can enforce that as well. So, if he had an access to water that now no longer does, the irrigation district will help enforce that as well to make sure his rights aren't cut off. So, again, not knowing the --the situation on the ground, that's the two places he should start, is conversation with the developer and the district. Strader: Thanks a lot. Unger: Mr. Mayor? Simison: Mr. Unger. Page 141 Meridian City Council Item#4. August 24,2021 Page 22 of 51 Unger: If I could clarify on that, please. We did discuss this with Nampa-Meridian Irrigation District when we were constructing phase one of the project and also putting in the original dog park. We were told by Nampa-Meridian that people were pumping out of the Creason Lateral for irrigation, which was illegal as far as they were concerned. So, consequently, Nampa-Meridian didn't require us to do anything to provide access for water for -- for these folks, because they were illegally pumping water from the ditch. Now, that's what we were told. Certainly we can go back to Nampa-Meridian and clarify it and if we need to do something we will do it. Simison: Well, correct me if I'm wrong, I mean ultimately water rights it's not our purview to make or not make decisions -- Unger: Right. Simison: -- because it is a -- other party resolution through other means, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Totally agree. Was just for educational purposes for me and, then, I thought for the gentleman that had the concern, so he would know kind of where he could take that up. But I don't think that's a piece of our decision. But, hopefully, being neighbors you guys can chat and it's always better to resolve things personally, but whatever it is they will, hopefully, get worked out one way or another. Thanks. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To the question for legal to kind of frame the decision making, the final plat was approved in 2019 where a lot of the content of discussion would come. Now, it's just a short plat for this lot. What discretion, if any, does Council have to condition, approve, deny or -- these are extremely narrow scenarios. Nary: Thank you, Mr. Mayor, Members of Council, Council Borton, you are exactly correct. I mean it appears that everything was discussed in 2019. I'm looking at the original development agreement -- I wanted to just verify there wasn't any reason some additional notice should have provided and -- and looking at the development agreement, if I'm looking and I -- I'm a lawyer, not a planner, but if I take that dog park that was recently proposed and swap it with that three lots that are down below and it connects it exactly to the original open space that was part of the DA, the numbers seem to align as to what was required by the DA. So, no DA modification was necessary to notify about the change of the use at the time. So, at this juncture it is an entitled lot to build on. Really, the only decision for the Council is whether or not the Council is okay with them basically subdividing it into two lots and that's really the only decision point today. So, the fact that Page 142 Meridian City Council Item#4. August 24,2021 Page 23—— is a buildable lot has already been determined and just the issue is whether it should be two. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: With that is there discretion, if any, two -- it's a single buildable lot, but for the right to short plat it into two and build two that come with conditions potentially or is this truly administrative? Nary: Mr. Mayor, Members of the Council, Council Member Borton, I mean normally the plat conditions are -- already have been determined on the plat itself, so this is just really are you allowing them to be two lots instead of one and, then, they would have to adhere to all the other plat conditions that already exist. Simison: Council, any additional questions? Thank you, Bob. Don't go too far. But let you go for now. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question for Alan. What's the -- the size of the lot when you factor in that easement piece that has to be a -- its own lot? Does that count as the .4 or is it .4 minus the amount that we have to cut out for the -- for the easement? Tiefenbach: It's .4 minus. At the time that this came forward they had the easement shown and they weren't aware that that had to be a common lot. That's a relatively new regulation. Cavener: Thank you. Tiefenbach: Not relatively. It is a new regulation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question to Alan. So, what we are looking at here -- two -- two lots, 6,516 and 7,090 for the buildable portion and they meet all the setback requirements for -- for the lots. They have a common drive. It looks like the parking is doable. Staff had asked for that and to make sure that that was doable. So, that appears to be doable as well. So, it -- it's just difficult to see what -- what issue there would be to not allow two lots to occur. Page 143 Meridian City Council Item#4. August 24,2021 Page 24 of 51 Tiefenbach: Correct. We requested this exhibit, because it was a tight property and we weren't exactly sure how they were going to make it work, especially with the easement now having to become a common lot, but they have demonstrated to us that it will, in fact, work and, actually, he could get a house 1,800 square foot footprint'sh there. Hoaglun: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Question for Alan. Were there any conditions in the staff report that this discussion necessitates any change or update to or -- those conditions in the report still remain part of the recommendation for -- Tiefenbach: Yes, sir. I think the only significant one was that it had to -- the common drive had to be on a lot versus an easement. It doesn't change anything, if that's what you are asking. Borton: Just to make sure if there is a condition of approval that -- or a condition in the staff report that if we need to reference it in a motion or not. Tiefenbach: No. It would -- you would be -- if you are inclined to approve this you would be approving this with the conditions as listed in the staff report. Borton: Okay. Thank you. Tiefenbach: I'm sorry, I didn't understand the question. Borton: It wasn't very well worded. No worries. Mr. Mayor? Simison: Councilman Borton. Borton: If there is no additional discussion from staff or the public, I will make a motion that we close the public hearing for Item 18, SHP- 2021-0003. Hoaglun: Second the motion. Simison: Motion and second to close the public hearing. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALL AYES. Borton: Mr. Mayor? Page 144 Meridian City Council Item#4. August 24,2021 Page 25 of 51 Simison: Councilman Borton. Borton: This is as -- I have commented on it briefly. It's a very narrow application, narrow consideration. I think the -- the adjacent property owner's concerns with regards to the change in property was a 2019 discussion that we had to consider when the final plat was modified. So, this now is to allow two buildable lots. Councilman Hoaglun I think hit the nail on the head that the conditions in the staff report adequately permit the request and I don't see any reason to deny it. So, I'm going to make a motion that we approve Item 18, SHP-2021-0003, as set forth in the staff report of August 24th, including the conditions set forth in that report. Hoaglun: Mr. Mayor, I will second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? All right. I will ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: ALLAYES. 19. Public Hearing for Horse Meadows MDA(H-2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd. A. Request: Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat (H-2020-0060). Simison: Next item up is a public hearing for Horse Meadows, MDA H-2021-0050. We will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. Sharing my screen real quick. Okay. Good to go. All right. The application before you tonight is for a development agreement modification. The subject property is 4.7 acres in size. It's currently zoned R-4 and is located at 710 North Black Cat, which is the southeast corner of Black Cat and Pine. We discussed this multiple times at the end of last year, so I'm sure you remember it. The subject site was granted approval for a rezone and preliminary plat in late 2020. It was to rezone it to R- 8 and include a plat of 26 building lots. The existing access is actually on the south side from West Quarterhorse Lane. It also provides access for three parcels to the east and southeast. To help ensure this access was removed, a DA provision was included that required all servient parcels to relinquish their rights to the private land easement prior to submitting for final plat approval. One of the servient sites has declined to -- to relinquish their easement rights and with the current DA language the refusal of one of these easement holders to relinquish their rights functionally renders the property useless. Page 145 Meridian City Council Item#4. August 24,2021 Page 26 of 51 Therefore, the applicant is requesting to modify the draft DA, so that they may submit a signed DA and, then, officially rezone the property and continue platting it by submitting a final plat and they will maintain the Quarterhorse Lane access for the one easement holder until such time that that property redevelops, which, then, we would have the opportunity to require that property relinquish their rights to it. As part of this DA modification and request to amend the provisions of the concept plan for the green space area abutting Black Cat must also be revised to show the travel lane remaining. In addition to restrict access to and front Black Cat, the applicant is proposing to install a gate approximately one hundred feet into the site from the edge of pavement that will be accessed only by the city and the remaining easement holder. So, it will, essentially, be access for emergency only access for the city and Public Works if they need to get to the site from there. Very unlikely. And, then, the easement holder that is not wanting to relinquish their rights. Staff does find that the requested changes to the concept plan are feasible and that the latest circumstances with the easement holder not relinquishing the rights makes it a feasible option to amend the DA and finds the proposal to gate the access to Black Cat and keep the traffic as only one rural residential home through this access as appropriate. Frankly, I believe that with a gate and maintaining the access they will still use the public road internally and they just don't want to relinquish their rights right now. That's where I think we are at at this point. There has been no written testimony on this application. Therefore, staff does recommend approval of the DA modification. Simison: Thank you. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Thank you, Joe. Just wanted to clarify a couple things. So, this is exclusive use and not ownership. Does that go away when that property is sold? It -- or is -- what are the limitations that -- is it exclusive use permanently or does -- is there a limit on that once the property changes hands or the current owner is no longer the owner? And, then, also how much does this affect that open space and is that property still within it -- still within code? If I remember -- if I remember right this is -- their open space was pretty substantial in comparison to what our code requirements. Dodson: Council Woman Perreault, great questions. First, you are referring to the servient site; right? The one that's not wanting to relinquish their rights? Perreault: Yes, I am. Dodson: Correct. Okay. So, as -- since they are in a county lot, if they were to request annexation and plat we would require with that approval to say, hey, you don't need this access anymore and they also -- that property, because it's the furthest one from the site, actually has a public street connection stubbed to their site, their east boundary anyways. So, there is multiple ways for them to get in and out should that site redevelop, which, then, we would require them to close that access. This access. Or the rights to it. Page 146 Meridian City Council Item#4. August 24,2021 Page 27—— Secondly, this open space was in excess. It was extra open space. So, removing, frankly, 22 foot wide, which already exists as gravel, is going to make a minimal difference at all in any of the open space. Simison: So, how do we ensure this converts away from that roadway feature in the future? You know, Google Maps is going to show this as a road and -- and that was kind of my other thing is like why the gate at the back as compared to more at the front. I mean, yeah, you don't want it too close so you are blocking traffic, but just curious. Dodson: Mr. Mayor, the code would say the closest it can be is 50 feet. That's generally what we have for emergency vehicles, any of the emergency accesses. So, if that's something that the Council wants to do, to bring it a little closer to show that, hey, this isn't really a road and you are not going to be able to access the site, that -- I can understand that. I do believe that because it's a gravel road people might assume it's going to be private and they -- they are not going to want to try to access those 26 lots that way anyways and they are going to have the access off of Pine, which is what ACHD required. Future, we have DA provisions in there that have proposed some new ones, as well as the existing, that are going to say that -- basically as soon as it can be this will just be closed off and be open space again. So, there is no timeline on that, unfortunately. It's going to be heavily dependent on when the other site redevelops. Hence the dominoes are falling. Simison: I guess the question how do we ensure that it actually -- the gravel goes away and it goes back to what it was originally intended? Who -- who is going to make sure that occurs? Or is that not going to be an action if we move this, it's just going to be, sorry, you are going to have gravel in its place for the rest of eternity. Dodson: Great question, Mr. Mayor. I don't know how we specifically enforce it, other than it is a DA provision, which is enforceable, as we have discussed with other projects lately, but I will leave the applicant to answer that a little bit more in depth and see if they have something else in mind to help us enforce that, because I understand your point. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a question. Have we ever like escrowed or reserved for something like this? Is that how we would normally ensure that something happens or -- like I know sometimes we bond for like landscape improvements. But that's kind of a different situation. Just wanted some context. Dodson: Council Woman Strader, good points. I don't think that we would be able to bond for it. Usually this occurs on like a potential building lot and that's what how we can get them to do it. Say, hey, this is a nonbuildable lot until such time that you get this. This is not intended to be a buildable lot anyways. So, that kind of takes that approach out of the equation. Unfortunately, I don't have a great answer for you on these questions. Page 147 Meridian City Council Item#4. August 24,2021 Page 28 of 51 Simison: Council Woman Perreault. Perreault: Not a question, but a comment. So, as most of you know I lived right next to this for many years and frequently would see people try to drive down Quarterhorse Lane thinking that it is accessing property back there and it doesn't. So, you see a lot of people pull in there and pull out and pull in there and pull out. So, I agree with the idea of moving that fence further forward. I think that would be really wise. I don't know that we can require it unnecessarily, but I think it's -- would be a good idea to just make it even more clear that that's a private lane. Simison: Council, any additional questions for staff at this time? Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, I mean since this is a DA modification, where the location of that gate is certainly is a consideration the Council can make, so -- on the other question, the future enforcement -- again, it is a DA provision, so certainly it -- when it comes to the city's attention that, again, that property is sold, that will come to our attention that that property wants to get -- if it was to get redeveloped, I guess. It could get sold as a house and remain a house. But if it wants to redevelop into something else, certainly that access point will, then, trigger there -- again, it will be a little clunky; right? It could be a number of years from now. You are going to be dealing with an HOA that now is going to be required to move the fence and create a landscape portion in the -- in the width of this -- of this road. So, it could be kind of clunky, but I don't have a better solution. I mean, otherwise, you are simply-- again, not to put words in Ms. Constantikes mouth, but you are going to let one property owner prevent the development of the entire parcel versus putting that burden on the future HOA by the development agreement that they will have to do that. Certainly it could go as far as the city having to sue them for performance to do it, but there may be other considerations at that time that the -- that they may want. By adding this to their future open space that may allow another buildable lot in the subdivision or some other use of a subdivision. So, hard to know the future, but that's kind of where you would be landing, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't know if this question is for staff or the applicant, but since it's been owned by the development is -- are they responsible for maintaining this gravel road or is there going to be an agreement with the owner -- the homeowner for maintenance? Dodson: Council Woman Perreault, it is my understanding that because of the easement it's maintained by the easement holders. Page 148 Meridian City Council Item#4. August 24,2021 Page 29—— Perreault: Okay. Dodson: So, that that's the way that I read the easement, which is in the original file. I didn't have them in the new file, but the original file that has the easement language in there. The applicant will be able to clarify that for you as well. Simison: Council Woman Strader. Strader: Mr. Mayor, yeah. Quick follow up there. So, if the easement -- I assume the easement sort of travels along legally with that property; right? So, wouldn't -- if that property redevelops, then, wouldn't -- at that time wouldn't they have the obligate -- couldn't we ask them to improve the gravel at that time then? Is that how that would work? Dodson: Council Woman Strader, I might default to Mr. Nary on that, but -- because it's an off-site, but it is part of their easements, so I could assume if we can require them to relinquish their rights to it we could probably require them to help assist in the cost of resodding it. I'm not sure if by then the -- maybe fire will want that additional emergency access. I don't know. Nary: Yeah. I mean -- Simison: Mr. Nary. Nary: -- Mr. Mayor, Members of the Council -- sorry. Again, a lot of great questions. I don't know the answers. I mean definitely depending on what -- if it is simply going to be redeveloped as a single house in the city it may be difficult to have them do significant improvements. Again, as Joe said, there may be a desire at that point to still to have emergency access and, again, the Council certainly has -- has already made a determination once that without all of the -- of those properties relinquishing that access the Council wasn't willing to move forward. Again, Ms. Constantikes is asking you to reconsider that. Totally within your purview on whether to reconsider that original choice. Simison: Thank you. With that we will ask the applicant to, please, come forward. Constantikes: Thank you, Mayor and Council. Penelope Constantikes representing the applicant. Post Office Box 405, Boise, Idaho. 83701 . On an amusing note, we have been on a long and torturous trail with this project and so I'm glad that we are going to go out with a bang here maybe today. So, as you know three of the four of the easement holders were quite happy to sign the modification of the easement agreement and we have one owner who is unwilling to do so. The stated rationale for that was it would be inconvenient to have a different access point, so -- and we have that agreement ready to record with the three different signatures at this time. We do appreciate the city's patience and persistence in helping us work through this process. I have got lots of notes here, so I will try and cover everything, but I would like to go over this image that you have on your screen now. So, there is a little bit of discrepancy. I have put in 22 feet wide and the Page 149 Meridian City Council Item#4. August 24,2021 Page 30 of 51 development agreement says 20 -- or the modification statement says 20. Either one is fine. So, that -- that would be the area where the access would be retained for that final property owner. There would be a locking gate. The reason I set that back at a hundred feet is because as a former transportation planner I was concerned about vehicle stacking, so if the property owner is pulling a trailer with a car on it, he would have sufficient room to pull in and it would not block Black Cat Road. That's -- actually, if you were interested in going on a little side trip, if you turn in here and, then, turn around and come back out again, that's really a very hazardous intersection there. You have to be very alert. People are coming off the stop sign on the railroad tracks on the south side and they just goose their car and so they are driving fast. There are some trees that obstruct the view. It's not a very safe intersection to begin with. So, I was thinking that for safety reasons we would push that back as far as we could. We can certainly put a sign up that says no residential entry or some kind of a sign that makes it obvious that that's just for one residence. And, of course, the gate needs to lock and we were excited that staff suggested this would be a good location for a second access for fire emergency services and there will be a couple of manholes in here, so if the Public Works needs to run a vac truck in there they have got someplace to do it. Then the third item is this three foot open vision fence and we will put a pedestrian pass through on that, so that people in the subdivision can get through the fence and use the asphalt pathway out to Black Cat. In -- consistent with Meridian Code we would put a four foot closed vision fence along the north side of that easement --or the new open space with the lattice if they want the additional two feet, but -- and, then, just one other comment. Part of the discussion with ACHD that happened off radar was that maybe not putting a sidewalk across that gravel access drive at this time would be a good idea. The gravel is just going to chew it up anyhow. So, that would come later. So, I'm going to try and answer your questions. I talked about where the -- where we have decided would be a good place to put the gate. The easement right runs with the land, it does not run with the owner in this instance, so if the property owner was to sell their property to someone else that easement right would be retained. How to assure that it would be closed in the future. I would echo Joe's comment that they are more than likely going to be using our access out to Pine in fairly short order and there is that tube that you can put across things with a counter and it's easy enough to verify whether or not the property owner is using it. Looking forward into ACHD's plans for expansion of Black Cat Road, I don't -- I can't speak for ACHD and I understand that they are -- it's a little bit of a black box for them in terms of where their rights are, but I do think that the highway district has the right to close things if they are safety hazard and there is an alternative access point. So, I expect that when Black Cat is expanded and this subdivision, assuming that it's actually built out, that it will be closed through that process. That's the most likely one. And as Joe mentioned, this parcel back in the corner also has access to the subdivision to the west -- or to the east of them. So, they are not technically landlocked now. Let's see. What else? In terms of restoring that area to open space in the future, it's about 2,000 square feet and it would be turf at this time. So, we can certainly make it the responsibility of the HOA for Horse Meadows that they are in charge of restoring that area when it converts back to open space. I will say that the applicant went to an extraordinary level of effort to get this clarified and resolved, including offering financial incentives and -- and I know that representatives of the applicant went multiple times. I was there twice -- on two occasions with those meetings Page 150 Meridian City Council Item#4. August 24,2021 Page 31 of 51 and it just -- we just -- we exhausted all of our options. The applicant's rep did go back one last time and they asked him to leave the property. So, he didn't even have a chance to ante up the -- the incentive. So, we -- we did work hard to try and get that resolved. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I don't mean to interrupt, but if I'm remembering correctly, didn't you mention that this was already an agreement when you -- when this application was first brought before us? Constantikes: Well, we were under the understanding that all four owners were amenable. Bernt: What does that mean? Constantikes: That they were willing to sign the easement modification. One of them just decided not to do it. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: What you are saying is is that after they just changed their mind. So, you -- you had -- you had an agreement with this and, then, for some reason they backed out of the agreement? Constantikes: It was verbal. We talked to everyone and -- Dan might be able to answer that question, because I -- Bernt: Ms. Penelope -- and I don't-- you will get your time. I don't worry about your time. But I -- I just find it hard to believe that we would have allowed this to happen under, you know, just the head nod and -- and a shake. I feels like there is just a lot of, you know, potential problems with how this is working out. Constantikes: I agree. Perreault: Mr. Mayor? Simison: Could we -- Bernt: I shouldn't have asked. I should have waited. Simison: Let's let the applicant continue if we can. Page 151 Meridian City Council Item#4. August 24,2021 Page 32 of 51 Constantikes: No, I'm happy to defer to Council Woman. Go ahead. Simison: Okay. Then we will go into Council questions at this point in time. Is there anything else? Constantikes: Nope. I'm happy to answer any questions you would like to toss my way. Simison: Okay. Council Woman Perreault. Perreault: Thank you very much. If I understand correctly that it was a condition for final plat approval that had to be met, so it wasn't so much that the city -- I mean it would have been great if you had been able to have that agreement signed before our City Council hearing, but if I understand correctly was a conditional plat approval. So, somewhere between the City Council approval and final plat approval was where the -- the neighbor elected not to continue; is that right? Constantikes: That's correct. Perreault: I know you can't speak for him, but -- and I was kind of hoping that that individual would be here, because I would really like to hear any -- just to understand if there is any really important reason why they want to retain access. I mean that would have been really great to -- to know. I would also like to say I have been doing this for a long time and I think it's really great the effort that's been made here to -- to make this work for -- for the neighbor, because it's -- it's really hard to do and usually you have property limitations that don't allow you to still develop the property and retain it, so -- Constantikes: Mr. Mayor, if I might comment on that? The only rationale that I heard was that it would be an inconvenience to drive by the new houses that would be in the subdivision, as opposed to driving out on Black Cat or going out Quarterhorse Lane. I didn't-- there was nothing alarming or substantive or life safety, no critical comments, just --just had to do with inconvenience and not wanting to drive by any houses. Dodson: Mr. Mayor? Constantikes: And I don't want us to throw -- I don't want to speak ill of the property owner. We did -- we -- we just tried everything. Guru Donuts is where we started. So, we tried everything. Simison: Yes, Joe. Dodson: I just -- I will try to tread lightly, but also be direct. I had a couple conversations with that property owner and it seemed to be that, frankly, they just felt bullied by development. Not-- not this specific developer, but just in general that, hey, development is happening and it's taking away their road. So, that -- that's kind of the feeling that I got from them, which -- which is unfortunate, but I do agree with Council Woman Perreault Page 152 Meridian City Council Item#4. August 24,2021 Page 33—51 that -- I haven't seen any applicants since I have been here that have pushed for some amicable remedy to the situation as I have Penelope and Dan. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To that point do you have this property owner's consent for the installation of a gate, regardless of where it is? Constantikes: Mayor, Councilman, no. The last time that someone on the project team was on the property he was ordered off, so we have no mechanisms for communicating with them. You know, gates are -- if you live in an exclusive subdivision you have a gate and you have to wait for it to open. Whatever. But the only way we can preserve it for their exclusive use is to -- is to put a gate in. Otherwise, we would have people driving out, because it would be easy and they wouldn't want to use the public road and, again, I have been down that Quarterhorse Lane and tried to exit it several times. It's very hazardous. Borton: But that -- Mr. Mayor? Simison: Councilman Borton. Borton: That's an -- that's an additional wrinkle that you are stuck with is even if -- if you were to get a condition today that modified it and included the installation of a gate somewhere that was locked, coded somehow, you -- you don't have permission yet to modify the easement to do so yet. Constantikes: Mr. Mayor, Councilman, I think that the -- we retained the services of an attorney shortly after the City Council approval to draft the agreement and the read that we got from counsel was that there is no prohibitive element. In other words, the -- it's not an unreasonable thing to do and I would defer to Mr. Nary on that. It's not an unreasonable thing to do and it does not block them from using the easement. They have a gate and a key. So, we are not taking their access away from them. Essentially we are not doing anything other than adding a few minutes and that's for safety reasons. So, it's not done out of spite, it's done because we need to keep other people from using it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I was just thinking about that where at some point in time you get tired of people coming up there thinking it's -- you know, it's going somewhere else and it doesn't. You know, is it the type of thing where you say we are going to require this locked gate at -- when they give permission and, then, at that point when they finally get tired of people coming up and down, then, you get their permission to go forward and -- and install Page 153 Meridian City Council Item#4. August 24,2021 Page——51 the gate. I don't know if that's the solution here or not. I mean to force that on someone who is already in that position of don't tell me what to do with my access, you give them that, yes, you will provide the gate once they give permission and there might be that point in time where they say I'm tired of this, you know. What would be your comments -- your thoughts on that? Constantikes: Oh, sure. Well, we are kind of caught in between the city and the property owner and the highway district. The highway district has been very clear about really not wanting that to be used as an access point and if it's not gated, then, it will become an available thoroughfare for anyone to use it. There are maybe some options for giving him, you know, a high tech gate, so he just pushes a button and the gate opens. So, he doesn't have to get out of his vehicle which would minimize any inconvenience involved and, again, I would go back to my comment that there is no -- there is no substantive reason to refuse and I understand that he has the right to refuse. Absolutely. My guess is if we put one of those rubber tubes and a counter out there he wouldn't use it for very long and, then, he just start driving out the much safer route to get to Black Cat Road, which would be out to Pine Avenue. All valid concerns. I completely understand them. We would like to move forward with the subdivision. The parcel to the south of us, not the one that is immediately adjacent Black Cat Road where the old school is, but behind them, the Alexander parcel, they would also like to develop and so, you know, there is -- it's not just hanging up this subdivision, it's also impeding another individual's rights to develop as well within the extent of that being a right. I mean I understand all those things. I think this is the only solution really. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: I guess I am concerned only in one degree and Council Member Borton raised the point is currently the city is not a party to this easement at all and so the city has no role. What -- what the applicant is asking is for the city to, then, now require a condition on their development to gate this easement and now, again, if it's not clear that that limitation can be imposed on the easement holder, then, that embroils us in the middle of that litigation, because now we have required something that we may not have had the ability to do. Is there any way to simply gate Horse Meadows -- not the easement, but the Horse Meadows from accessing the easement, because the concern is people using the easement to access into Horse Meadows. You can certainly put the gates on your property and have completely unfettered access. The other option -- and, again, I don't know what your conversations have been. Have they considered just giving him the whole property. Just give it to him. Rather than buying it from him. Give it to him, he can deal with it, he can deal with it for the future. Is that not a possibility? Constantikes: Mayor, I'm going to -- I'm not a hundred percent sure I understand your second comment, but the idea of putting a little jog in the fence, so that the gate is actually in Horse Meadows, as opposed to in the easement, that's absolutely an option. Page 154 Meridian City Council Item#4. August 24,2021 Page——51 Nary: That would assume to at least take the city out of an argument that we have interfered with the easement and, again, I was only thinking out loud on the other option when you said you have tried to acquire the easement from the easement holder. I didn't know if you had had a conversation to just simply give him that parcel, but -- make it into a parcel and simply give it to that property owner and, then, Horse Meadows never has to deal with it. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: This is something that -- to Mr. Nary's point that we won't have -- I don't know -- the eight layouts that we discussed -- kind of did that where you can see here is they would essentially lose Lot 8 and 9 and push the road up and, then, leave the easement as its own lot. For whatever reason that never got put forward. That was one of the potential options. But, again, in the terms of what we are reviewing tonight I don't know if with a DA modification you can require that the plat be modified. I don't know. That's outside of my purview. But that would be what you would be essentially requiring, because it's -- currently the easement is on this property and that's why they have some of the control here and the way that -- to answer some of the other comments that have been made, the way that I read -- again I'm not a lawyer by any means paid that much money. The easement is very broad in its like language -- very very broad and it doesn't really have any language to say what you can and can't do, it just says don't take away the access is honestly pretty much how I read it. I believe Mr. Nary read that easement as well when we first started all this to help ensure that we were okay with developing the site at all when you have four servient sites to an easement along the south boundary. Hope that helps the conversation. Nary: Mr. Mayor, if I can clarify. Certainly I wasn't saying that you have to go and offer the properties to the -- it's just a solution. May not be a viable solution. But certainly it -- maintaining the limitation of access into Horse Meadows from that lane is more defendable to Horse Meadows, as well is the city than is the gate across this easement. I can foresee Waltman -- not Waltman -- the Wingate Lane all over again and we have had issues with Wingate Lane for a number of years that have eventually went away. I can see you simply starting that conversation over if you can limit the access from -- from this lane into Horse Meadows, I don't see the problem as we have been talking about of people trying to go down to get into their homes. They will figure out pretty quickly they can't get into their homes that way. Constantikes: Mr. Mayor, that -- that would be fine. I don't -- moving in the gate and putting it on Horse Meadows instead. Part of the issue with just dedicating -- creating a rectangular area and giving it to the property owner that doesn't want to participate is that it -- it doesn't just impact Horse Meadows and it doesn't just impact the property owner, who doesn't want to participate, it also impacts two other property owners in terms -- himself, Mr. Morgan, who is directly to the east of us and one of the individuals that signed that easement modification, his -- he does have access to Pine Avenue, but it's over a Page 155 Meridian City Council Item#4. August 24,2021 Page——51 canal and he is reliant on either getting down on new public road or through Quarterhorse Lane to get to his parcel with anything that weighs more than a bicycle and, then, the other thing is that -- that would truly -- careful. That would truly -- I would do the same thing right now, so -- and the other thing is it would -- it would landlock the Alexander piece and so we are trying to be -- we are trying to thread a fairly small needle and make sure that everyone is being treated fairly. So, if we move the gate onto the subject site development, as opposed to in the easement area, and as Joe indicated the -- the content of the easement is a page and a half. It's very simplistic. There is nothing in there that would say that you can't put a gate in. We are preserving his access and I think that's our obligation is to preserve his access and nothing more. Simison: So, correct me if I'm wrong from what I have -- at least one of the things was recommended as it comes to this -- one of the solutions I heard was basically eliminate two parcels, move the road up. In that scenario there is no gate. You are just, essentially, fencing off the property and there is no -- or is there a gate someplace else that would still have to be installed for some reason? Constantikes: Mr. Mayor, there would not need to be a gate if you just terminated Horse Meadows essentially by drawing the line on the north boundary of the easement area and just running it all the way across. I don't think the district would agree to that, ACHD, and, again, we are --we are creating problems for two other of the property owners. We would be essentially Iandlocking the Alexanders. They have a 30 foot strip that runs along the north side of the railroad tracks and connects to Black Cat Road, but the Purdam Drain sits in that 30 foot width and so the only way to turn that into an access, which would only be wide enough for emergency to begin with, would be very expensive, because the last time I talked to Nampa-Meridian about piping the Purdam Drain on a parcel on the other side of the railroad tracks, it's a 48 inch pipe and that's a deep drain. So, I understand the idea of just eliminating that easement area and making it go away, but there are consequences to two other property owners. So, at least in -- that's the way I see it. Simison: Maybe -- maybe -- what I was hearing was you are not eliminating the easement, you leave the easement -- I don't know where the easement goes. I'm assuming it's on that bottom portion. You just don't impact the easement. You take the entire development outside of the easement and not address it in this application. Constantikes: Mayor, the only problem with that is that it does still leave the Alexander parcel essentially undevelopable, because you cannot develop and use an easement access for more than one household. So, we are -- again, it's that needle thing. I got a little tiny needle and my magnifying glasses and I'm trying to find a way to get the --thread through that. So, to just -- I'm concerned about the consequences to the other two property owners by just eliminating any connection between Horse Meadows and the easement area. If we do that, then, whether or not they are actionable inconveniences or not, we still are in a sense rendering a parcel nondevelopable. Strader: Mr. Mayor? Page 156 Meridian City Council Item#4. August 24,2021 Page— —51 Simison: Council Woman Strader. Strader: A question for Mr. Nary. What you said just confused me a little bit or maybe a question for the applicant and, then, maybe for Mr. Nary, but aren't you taking access for multiple households through the easement as well? Constantikes: Mayor, Council Woman, at the current time there are four households -- there are three households that use that easement area. There is no residents on the subject site. They have agreed to use this northern connection to Pine Avenue, which is the point of the -- we are modifying the easement, we are only modifying it where it sits on the Horse Meadows parcel. The rest of it remains intact exactly the way it is now. So, that -- does that answer your question? Strader: I think so. I guess. So, just to get like -- maybe dig into it like a little bit, I'm hoping Bill will help. So, the solution of adding a -- eliminating two lots, not using the easement and using a gate, I guess when future properties develop wouldn't ACHD have some purview over that; right? Certainly if the easement holder's property develops I would think at that time we would have some teeth to -- to do -- to require whatever we need to when they annex in the city. It's a question of order. Like the -- the additional property is -- you are saying this would make it developable. Not really. Yes, if it wanted to develop first; right? Constantikes: Mayor, Council Woman, actually ACHD was very clear about this. They -- they can't get involved in that at all. So, if we did, for example, turn that into a rectangle and -- and block it off from development of Horse Meadows, in the future ACHD would not -- they would have no grounds to do anything to that area. That's the -- I mean I had fairly extensive conversations with Christy Little about this and they -- they have flat out refused to get involved at all. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Well, first to Councilman Strader's question, it's hard to tell on this map, because you are only seeing the platted area, but that easement -- the road -- the -- the dirt road goes back, what, at least double that length -- right there. That's the area that -- where the other property owners to the south get cut off; right? Constantikes: So, are you talking about -- excuse me, Mayor, Council Woman. You are talking about what would be the southeast corner? Perreault: Yes. Constantikes: Yes. The easement will remain intact and untouched from that point forward. It's really an odd thing. The easement width is 50 feet where it touches Black Cat Road. By the time we get to the east property line in the southeast corner only 25 Page 157 Meridian City Council Item#4. August 24,2021 Page——51 feet of the easement sits on the servient site. The rest of it resides on the Alexander parcel to the south of us. So, the easement starts here and, then, it trends down and extends all the way to the parcel that's south and east of us. Perreault: Mr. Mayor, I have a follow-up question. Simison: Council Woman Perreault. Perreault: So, at the point in time that it's actually -- Joe, if you could bring that map up again. At the point in time in which that reverts back to open space, what was the plan for vehicle --was there going to be bollards that were going to -- is there going to be some sort of blocking access from the road? Sorry, if you could bring up the plat with the green areas -- the open space areas again? The full -- the full -- there you go. So, what -- what's going to prevent vehicles -- yes. Right where your mouse is. What's going to prevent vehicles from accessing the open space right there? That's the area where you wanted the gate to go; correct? Is right where his cursor is? Constantikes: Yes, ma'am. Perreault: And so is -- could that gate be left, then, so that in the future when it's still open space that vehicles aren't accessing that open space or is there some way to do like a permanent solution that prohibits vehicles from accessing that without it having to be a gate? Constantikes: Mayor, Council Woman, those bollards would be a good choice, something that sits in a -- whatever would satisfy the fire department. Absolutely it would need to be blocked. It would be easier for Public Works to drive down if we could put in grass crete. There is all kinds of things that could be done to obscure the pathway, the driveway through that, so it's not really visible, but it has the weight bearing capacity to handle vac trucks and a firetruck if they need to get in that way and using bollards, which is pretty standard, and, actually, I would think you would want bollards on both ends of that, not just in the interior, but at both locations to prevent any unauthorized access through there. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, the purpose -- so, was the request for the gate the -- the -- is that a request made by the Caseys or is that something that the applicant is offering to them as -- I guess I'm trying to understand like how a gate conversation started, if there is other potential options with keeping a vehicle out of that area, whether it's -- whether it's the -- the future residents of Horse Meadows, whether it's people coming off of Black Cat, whether it's somebody that's coming, you know, in either direction, is the --was the gate a concession that was being made? Dodson: Mr. Mayor? Page 158 Meridian City Council Item#4. August 24,2021 Page——51 Constantikes: Mr. Mayor, Council Woman, the -- there was two different scenarios. We have got the long-term solution, which would be bollards. The short-term solution, in order to preserve the parcel owners' access to Black Cat via the easement, while preventing unauthorized people from using it to access Black Cat, that's where the gate idea came from and, again, we can put the gate anywhere. I just know that Mr. Casey is a fan of -- I have been actually trying to avoid saying his name -- that parcel owner does like to restore vehicles, so I envisioned that at some point in time he would be pulling a trailer with a vehicle on it and we wanted to make sure, just for safety reasons that that was set back far enough that whatever vehicle or whatever he was pulling could safely be off Black Cat Road before they have to stop. Simison: Before we -- I would like to see if there is any public testimony just real quick, because, otherwise, I think we can probably go on all night asking questions. We do have two people in the room. If you would like to come forward and state your name and -- we don't have anybody online, so it's just those in the room. Constantikes: This is Mr. Morgan who is one of the easement holders that signed. Simison: If you could state your name and address for the record, please. Morgan: My name is Drew Morgan. Address is 4600 West Quarterhorse Lane. I have the property immediately east of the development. My issue with what has just been talked about of cutting off access to Quarterhorse from the development is it forces us to continue to use Quarterhorse, where this development solved a lot of our issues, because that is a real bad place to get out and I have been doing it for five years and it's getting worse, especially since the school was put in and so now sometimes I'm at the end of Quarterhorse Lane and I have to put the nose of my pickup almost onto Black Cat in order to see and, then, they are racing off that stop sign and when the school is -- in fact, this morning it was worse than it's been in months. The people just don't stop. They don't stop at the railroad tracks, they slow and one after another -- and like this morning I just goosed it out onto Quarterhorse in front of a car, because I had an opening from the other direction and forced him to slow down enough to let me out. So, my issue is the one applicant who won't sign is forcing the rest of us to give up what we were offered. I don't know -- I guess legally he has a right to do that, but Mr. Casey told me he was signing and he was willing and it was his wife that would not let him. So, she's holding up the whole program. But, anyway, I am willing to cooperate anyway I can. I have a big motor home, it's really tough to get in and out of there, and this would solve my problem. So, anyway, I just wanted to say that about -- I'm -- I really don't like the idea of not letting me have access into -- on Pine through the streets they are going to build. Hoaglun: Mr. Mayor? Simison: Thank you. Councilman Hoaglun. Page 159 Meridian City Council Item#4. August 24,2021 Page 40 of 51 Hoaglun: Question, Mr. Morgan. I was just curious. You said that the house -- the property to the east and there is -- there is a couple properties. Are you the one closest to Pine? Morgan: Yes. I have the seven acres right there where the cursor is. Hoaglun: Okay. And your -- your property has that bridge? Morgan: I have a -- I have a gate onto Pine, but the bridge -- it can't hold my motorhome. I already broke through it once. Had to get a wrecker out to lift me off and so I can still -- it's -- it's a lousy bridge. Hoaglun: Okay. Yeah. Morgan: It's not -- Hoaglun: That's what it sounds like. Morgan: It's not safe for weight. Hoaglun: Okay. Morgan: And our gate on Pine, I do have to stick my vehicle out into the street to see what's coming. So, it's not a very good access. But Quarterhorse has been our way in and out, but with the traffic -- and when they do Black Cat in the next three or four years, whenever they do it, they are going to make that four lanes -- the highway department is not going to want Quarterhorse used. It's not a good situation. So, anyway, I would be a fan of any way possible getting Quarterhorse cut off as soon as -- as you can. The gate would make him -- or her, I guess, more willing to use the paved road that's going to be there and -- and we wouldn't be very long before the -- the sign on the corner that says Quarterhorse Lane belongs to the Caseys. They are the ones that put it there. So, they -- that's -- you know. And they have the right to do that. But it's just really a pain for the rest of us. Hoaglun: Okay. Thank you. Simison: Anybody else that would like provide testimony at this time on this item? Okay. Then we will invite the applicant to come back up for further--what I'm sure are questions and comments from Council. So, we will start with your -- any additional closing comments and, then, we will move into more questions. Constantikes: I don't have anymore comments. I'm glad that Mr. Morgan came to add his -- his -- how it would affect him. That -- that was helpful information that I hadn't -- hadn't even occurred to me that we would inadvertently be taking something away that would improve their lives and their safety. So, I'm happy to answer anymore questions that you have. Page 160 Meridian City Council Item#4. August 24,2021 Page 41 of 51 Simison: Council, additional questions? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I -- I'm looking at this application and what's being proposed this evening in my opinion it isn't legal. Putting a gate there wouldn't be legal, because the gentleman's not agreeable to it. So, what's being proposed this evening in front of me I'm not in favor of. I would suggest -- and I'm one of six -- but I would suggest continuing this application for you to go and figure out either further discussion with the property owner who is not agreeable to the easement first or, second, coming to us with a solution to your problem that's legal, instead of having to make this decision for you on the dais this evening. I just don't think that's fair for us. That's not our purview. I think it's important for you to come to us and say this is what I recommend. This is what we recommend. Something that's legal, something that can be binding in a court of law. I just don't see that this evening. So, I would recommend personally continuing this project for further discussion and solutions on your part. Constantikes: Mr. Mayor, if I might. I don't know that there is another option. They are -- we can't even talk to them. Bernt: Well, that was just one solution. Constantikes: Yeah. And -- Bernt: There is -- there is many others that we have discussed this evening that can be put on paper and can be formalized. You know, I'm just not seeing a legal solution with -- that's being presented this evening. Constantikes: Mr. Mayor. Could you maybe direct me as to which of the options that were discussed this evening that you find most palatable? Bernt: I mean something that doesn't include the easement, because you don't have access to it. Constantikes: I'm not sure I understand. Bernt: What I'm saying is -- Mr. Mayor, do I have -- Simison: Yes. I'm just letting you go. Bernt: Okay. Thank you, sir. I just -- I don't think your -- I don't think that your solution -- if you are saying that you are in a position where the one property owner is unwilling to even talk about relinquishing their easement, then, I think anything that you -- we have discussed tonight with regard to the easement, whether it's a gate, whatever, off the table. Page 161 Meridian City Council Item#4. August 24,2021 Page 42 of 51 So, either you need to close it off, either you need to put a gate, whatever the case may be, but I want to know what that looks like in writing formalized and agreed to by Joe -- by our staff before -- before -- I'm just -- I'm one of six. I mean I may be the lone wolf, but that's just my opinion. Constantikes: I'm just -- I want to understand what you are saying is the reason I'm -- I'm asking questions is because I want to understand. So, if I understand correctly, what you are saying is that you are looking for a document that -- that specify-- I'm just -- I'm a little lost. I apologize. Simison: Can I -- can I try? Bernt: Sure. Simison: I will to -- again, I'm even worse than his lone wolf, because I don't even -- Constantikes: I just -- I want to keep deep diving until I really understand what you are asking. Simison: I think it is removing the easement from the plat from a design standpoint. You know, you can provide a gate on your property, so anybody further down Quarterhorse Lane can come right into the street that you do to go out to Pine. I mean there can be a gate that way, but just from a practical standpoint, having the easement as part of the plat or -- Bernt: No easement. Constantikes: Okay. That -- that's very helpful. Dodson: Mr. Mayor? Constantikes: So, what you are -- what you are saying -- go, Joe. I will wait. Dodson: Thank you. I just wanted to clarify, as I did earlier, I don't know if it's through the DA mod or you would require additional applications -- can the plat that has not been recorded, can that be modified through the DA modification? I would -- I don't know if we can require that. Simison: Yeah. I'm -- I'm not asking --from my standpoint as a nonvoting member, I don't care how you get there, if this needs to be denied, withdrawn, redone as an overall application, that's -- I'm just suggesting that the easement is a problem and have you find a solution -- Dodson: Okay. Perreault: Mr. Mayor? Page 162 Meridian City Council Item#4. August 24,2021 Page 43—— Simison: -- is a process. Perreault: They -- they own the property. Constantikes: Yes. Perreault: They own the property. So, what are they supposed to do with it if they leave it out of a plat? It will just be a -- Simison: The development portion of it -- you don't have to -- Perreault: They own it. Simison: But they -- Perreault: So, what, is it supposed to just be like an empty lot? I mean the section -- the section with the -- that's the dirt road area that's -- that's within their development, they own and that individual has an easement to -- to access across it, but they own it. So, don't understand how it's illegal if they put a gate on a property that they own. Nary: Mr. Mayor? So, I guess maybe to answer your question, what I heard and what read and what I think Joe read is probably the worst thing from a legal standpoint is a very broadly worded vague document and what you have here is a document that does not say, as you said, you can -- it doesn't say you can't put a gate on there, it also doesn't say you can and that's my concern. So, you can certainly put a gate on your own property that accesses into Horse Meadows. You can give Mr. Morgan access through that gate. You can prevent your other property owners from accessing that gate if you wish and allow only Mr. Morgan access to that gate and that's perfectly fine, but I think what -- what I was hearing is the concern is in putting that gate across that easement without the consent of the southeastern property owner, that opens both Horse Meadows, as well as the city to engage in litigation to determine if you can and we don't know if you can or not. So, what you are -- where we started was no final plat until everybody agrees. Now, you are asking us to modify that to allow it to only be two people in agreement without the third one even agreeing to the solution you are proposing and that's what I think Council Member Bernt is saying is the third -- the other party has not agreed to even the solution, so, therefore, again, we are going to order a gate to be placed on that property, that person is going to come to the city and say, you now are preventing my access, not just Horse Meadows, but the city. So, without their consent, which is I think what Council Member Bernt is asking, is could you get their consent. You know, could you -- could your -- could your developer and Mr. Morgan have a conversation with the neighbor on at least consenting to the gate access? Again, he may be not willing and that's his right, but think what -- what I'm hearing from the Council is the apprehension of involving us into that. So, again, if you put all the gates on Horse Meadows and the only person allowed through that gate is Mr. Morgan or that property owner, that's certainly within your purview. You can certainly do that. And, then, that affects nothing with the adjacent property owner. Page 163 Meridian City Council Item#4. August 24,2021 Page 44-- He can come in and out, he can continue as the same. No changes for him. No reason to litigate. Constantikes: Mayor and Council, I just want to make sure I'm really clear. Mr. Morgan is amenable to the easement modification. It's Mr. Casey and Mrs. -- Mrs. Casey who have declined to participate. I just want to make sure that's real clear. Nary: I understood that. Constantikes: Yeah. So, if I'm understanding you correctly, you are asking for two things. You are asking for the gate to be located on -- on the area that will become Horse Meadow Subdivision and that we obtained somehow permission from the Caseys to put a gate across there. Am I understanding this correctly? Nary: No. Constantikes: No. Nary: Mr. Mayor, Members of the Council, what we are saying is if you put the gate on the Horse Meadows' property you don't need Mr. Casey's permission. If you do want to put it across the -- the easement, you will need their permission. So, it's either get their permission to put the gate across Quarterhorse Lane or only put the gates on the Horse Meadows' property and grant access to Mr. Morgan's property, if you wish and, then, he could have the access out to Pine as he's asking. So, that was what I was suggesting. Again, whatever the Council wants. It's their -- their call. Constantikes: Mr. Mayor, Mr. Nary, I understand what you are saying now. More than -- more than happy to shift that. You know, I have never had a situation like this. I just took a snapshot of the plat and went for it. So, it wasn't -- I mean I gave it my best effort and a little bit of fine tuning is fine. So, we will just shift the gate into Horse Meadows and -- and as you suggest we can -- we would be happy to do that. Simison: Well, in the -- Perreault: Mr. Mayor? Simison: Yeah. I would says it's -- for that -- I mean I don't know how you can shift this without redrawing the plat and moving the roads and moving parcels to accommodate that, just -- unless Council thinks otherwise. I don't want to -- this is a bigger issue than -- so I mean maybe we should go back to the conversation of continuing this public hearing, allow staff to work with the applicant and if they can't get that, then, we can come back and withdraw this entire application for a different approach, if that's what is needed. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 164 Meridian City Council Item#4. August 24,2021 Page 45 of 51 Perreault: Help me understand. If there was never a gate shown -- I mean the gate -- it was on this drawing is shown here as a -- it's not really part of the application. It's just, hey, this is what we are going to do as a concession. If that gate wasn't on there -- that wasn't -- that's not something that's a condition of this applicant; right? Like we are not conditioning that? Okay. So, if the gate wasn't on there and there was not a gate conversation being had during this hearing and they chose to put the gate on their property after the hearing, is that -- then the city is not culpable anymore? Help me understand further the city's culpability in -- if they put their gate on their private property and they give access to Mr. Casey, I don't understand how the city is culpable, because the gate -- the gate is not part of the application, is it? Nary: Mr. Mayor, Members of the Council -- and, then, maybe Joe can help me here, but the Quarterhorse Lane --the attempt was to limit the access to Quarterhorse Lane to only the property owners that were there and that the other property owners in Horse Meadows aren't going to access into Horse Meadows through that. That was what the gates were for. But the direction from the City Council was all three of those adjacent property owners needed to consent to relinquish that easement before we would bring forward a final plat. That -- that didn't happen. So, now we are back with -- where does Quarterhorse Lane land, where do these access points into Quarterhorse -- or into the Quarterhorse -- or the -- this particular development end up and that's kind of where we are at. It's crossing that easement that now limits the access. Right now where this gate was I don't know what's going to limit the Caseys, but if it is going to limit their access, that's a concern, because now we will have ordered it. That's what they are asking for in this application, for us to order a gate to be there, to, then, only allow the Caseys the use of it, everyone else has to go through -- go through Horse Meadows. Simison: And without limiting ACHD -- Nary: Right. Simison: -- does not approve of this process -- Nary: Right. Simison: -- which, again, I don't even know how much -- do we care? Curious right now. Okay. We do. Just want to be -- make sure. Okay. Borton: Mr. Mayor? Simison: Council Borton. Borton: I think the idea of a continuance is -- if you are willing to give it a shot -- Constantikes: As long as it's not on September 9th, because I have a whole different hornet's nest I need to deal with a different agency, so I need to -- Page 165 Meridian City Council Item#4. August 24,2021 Page 46 of 51 Borton: That's a Thursday, so it wouldn't be that. Constantikes: Yeah. Bernt: Penelope, I have the date for you. Borton: And here is the reason I think -- the way I see it is working backwards it would never have been annexed. We would have had the comment at that hearing that says it's just not ready. This is such a fundamental piece. It's why the condition was in the DA prior to the final plat. It's just a fundamental part of this application being successful. You have done excellent work trying to craft a solution. It's going to take a little more time. If there is a solution at all that -- in the Mayor's point that might be the only option is to redesign the plat with a different application that -- that doesn't have this easement as part of it. I don't know if that's the case. But you getting -- I don't know what Council President has -- 30 days or something to noodle some alternative suggestions, because the one today doesn't cut it. Constantikes: I will get my crystal ball out. Bernt: Mr. Mayor? Constantikes: My magic wand. Bernt: Penelope, how does September 28th work for you? Constantikes: I'm sure it's just fine. I don't -- I don't have my calendar right here with me, but I'm sure it's fine. Bernt: Do you want to -- do you want to verify? Dodson: It works for me. Bernt: Thanks, Joe. Dodson: I'm just an employee. I mean -- Constantikes: The 20th would be fine. Bernt: Any other closing comments, Penelope, before we continue the public hearing? Okay. Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we continue this item, which is Item 19, which is H-2021-0050, to September 28th. Page 166 Meridian City Council Item#4. August 24,2021 Page 47—— Hoaglun: Second the motion. Simison: I have a motion and a second to continue this item until September 28th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is continued. MOTION CARRIED: ALLAYES. ORDINANCES [Action Item] 20. Ordinance 21-1940: An Ordinance Amending Meridian City Code Section 1-5-2, Relating to the Official Newspaper of the City of Meridian; Providing a Savings Clause; and Providing an Effective Date Simison: Council, we will move on to -- just wrap this up this evening before we take a break. So, move onto Item 20, Ordinance No. 21-1940. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance amending Meridian City Code Section 1-5-2, relating to the official newspaper of the City of Meridian; providing a savings clause; and providing an effective date. Simison: You have heard this ordinance read by title. Is there anybody who would like it read in its -- in its entirety? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm not requesting that it be read in its entirety, but would it be possible for us to have Mr. Nary explain the move from Meridian Press to Idaho Press? Nary: Mr. Mayor, Members of the Council, I certainly can and Mr. Johnson can probably supplement that as well. We have had a few issues on publication with Meridian Press, because it's a weekly. So, we have looked into that and to cure occasionally, if there is a printing issue, it's an another week, which can delay development agreements, annexations, and other things. So, the city has to have an official newspaper by code. It has to be -- and there is other particular specifics about it that have to meet that criteria. One criteria that trumps most other things is that it's printed within the city, printed within the county, or printed within the state. To be honest -- and the research, both at my office and Mr. Johnson's office has done, it is absolutely unclear to me where the Idaho Statesman prints the paper. I have no idea where they print it, but it appears that from all intents that we can find, the Idaho Press is printed either in Kuna or in Nampa, but it is printed here. So, we -- we talked about it internally, talked about it with the Council President and the Mayor -- felt that if we moved to the Idaho Press, because it's a daily --well, six days a week, that it is a better opportunity if an error occurs or something needs Page 167 Meridian City Council Item#4. August 24,2021 Page 48—— to be done quickly, we have occasions where we have passed an ordinance on a Tuesday and waiting ten full days is a long time for something we would like to have implemented sooner. So, this gives the city a little more options. It still is compliant with the state code. If I have missed anything certainly Mr. Johnson's done a lot of research on this as well. Simison: Well, with that do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1940. Strader: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1940. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: ALLAYES. 21. Ordinance No. 21-1941: An Ordinance (H-2020-0113 — Foxcroft Subdivision) For Annexation of a Parcel of Land Located in the Southwest '/4 of the Northeast '/4 and the North % of the Southeast '/4 of Section 10, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 24.567 Acres of Land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next up is Ordinance No. 21-1941. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2020-0113, Foxcroft Subdivision, for annexation of a parcel of land located in the Southwest '/4 of the Northeast '/4 and the North '/2 of the Southeast '/4 of Section 10, Township 3 North, Range 1 West, Ada county, Idaho, and being more particularly described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 24.567 acres of land Page 168 Meridian City Council Item#4. August 24,2021 Page 49—— from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you, Mr. Clerk. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Looking at you, Ralph. If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1941, with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the item under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. 22. Ordinance No. 21-1942: An Ordinance (H-2021-0021) — Prevail North Subdivision) for Annexation of a Portion of Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 5.63 Acres of Land from RUT to R- 8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: The final item of the evening is Ordinance No. 21-1942. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2021-0021 , Prevail North Subdivision, for annexation of a portion of Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and Page 169 Meridian City Council Item#4. August 24,2021 Page 50 of 51 contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 5.63 acres of land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Would anyone like it read in it's entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1942 with the suspension of rules. Cavener: Second the motion. Simison: I have a motion and a second to approve the item under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: ALL AYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Then 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 a second to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:19 P.M. Page 170 Meridian City Council August 24,2021 Page 51 of 51 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9-7-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 171 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i 9 7 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: I Please sign in below if you wish to address the Mayor and City Council and I provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 10, 2021 City Council Work Session Page 5 Meridian City Council Work Session Item#1. August 10,2021 Page 18 of 18 build up a fund. It benefits everybody in the community. So, it doesn't matter if north Meridian is growing and there is money that goes into this fund and the pathway is in south Meridian, it's all about connectivity. So, somehow, some way we got to maybe find a way we can make that happen, so -- Simison: Council, additional questions? Warren: So, I guess my goal here, Mr. Mayor and Council, would be to -- is their interest in at least looking at a cost share agreement drafting something preliminary, getting a better idea? Okay. I'm interested to hear that support. Thank you. If there are no other questions I will excuse myself. Thank you. Simison: Thank you, Kim. Council, we have reached the end of our work session. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. 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 5:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 24 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 23 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 10, 2021 City Council Regular Meeting Page 24 Meridian City Council Item#2. August 10,2021 Page——— Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion? If not, I will ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under Future Meeting Topics? Or do I have a motion to adjourn? Bernt: Mr. Mayor, I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: Motion and second to adjourn. 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 7:54 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 25 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 63 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 Page 64 ADA COUNTY RECORDER Phil McGrane 2021-126677 BOISE IDAHO Pgs=12 ANGIE STEELE 08/26/2021 09:27 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): APEX Southeast Subdivision No.1 Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 24thday of August 2021 between DWT Investments LLC and SCS Investments LLC ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTORS: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillip, President STATE OF IDAHO ) ss. County of Ada ) On thisq'�-h day of August, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of DWT INVESTMENTS LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. GY.u. SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho My Commission expires Commission Number 20181002 My Commission Expires Jun 1, 2024 SCS INVESTMENTS LLC an Idaho limited liability company By: /a 4 A a�� Michael k Hall, President STATE OF IDAHO ) ss. County of Ada ) On this3r-4day of August, in the year of 2021, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. E AUGHAN -State of Idaho Notary Public for Idaho mber 20181002 My Commission expiresxpires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-24-2021 Attest by Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G August 2, 2021 APEX Southeast Subdivision No. 1 Project No. 20-124 Legal Description City of Meridian Sewer&Water Easement Exhibit A A parcel of land situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 5, Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 5, which bears N00°04'35"W a distance of 2,671.16 feet from a brass cap marking the West 1/4 corner of said Section 5, thence following the westerly line of said Section 5, S00°04'35"E a distance of 593.78 feet; Thence N89055'25"E a distance of 202.90 feet to POINT OF BEGINNING 1. Thence N89054'48"E a distance of 31.10 feet to a point hereinafter referred to as "POINT A"; Thence S00'04'35"E a distance of 25.00 feet to the northerly right-of-way line of proposed E. Tower St.; Thence following said right-of-way line, S89'53'42"W a distance of 31.10 feet; Thence leaving said right-of-way line, N00°04'35"W a distance of 25.00 feet to POINT OF BEGINNING 1. Said parcel contains 777 Sq. Ft., more or less. TOGETHER WITH Commencing at the point previously referred to as "POINT A",thence to a point on the easterly right-of-way line of proposed S. Peak Ave., N72°45'33"E a distance of 520.56 feet and being POINT OF BEGINNING 2. Thence following said right-of-way line, N00'06'18"W a distance of 20.00 feet to a point hereinafter referred to as "POINT B"; Thence leaving said right-of-way line, N89°53'42"E a distance of 36.50 feet; Thence 500*06'18"E a distance of 20.00 feet; Thence S89053'42"W a distance of 36.50 feet to said right-of-way line and POINT OF BEGINNING 2. Said parcel contains 730 Sq. Ft., more or less. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com TOGETHER WITH Commencing at the point previously referred to as "POINT B",thence to a point on the westerly right-of-way line of said proposed S. Peak Ave, N23°49'52"W a distance of 201.31 feet and being POINT OF BEGINNING 3. Thence S89053'44"W a distance of 25.02 feet; Thence N00°06'16"W a distance of 20.00 feet; Thence N89053'44"E a distance of 25.02 feet to a point on said right-of-way line and hereinafter referred to as "POINT C"; Thence following said right-of-way line, S00006'16"E a distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 500 Sq. Ft., more or less. TOGETHER WITH Commencing at the point previously referred to as "POINT C",thence to a point on the easterly right-of-way line of said proposed S. Peak Ave, N76023'15"E a distance of 83.31 feet and being POINT OF BEGINNING 4. Thence following said right-of-way line, N00006'18"W a distance of 20.00 feet; Thence leaving said right-of-way line, N89*5342"E a distance of 20.00 feet; Thence S00006'18"E a distance of 20.00 feet; Thence S89*53'42"W a distance of 20.00 feet to said right-of-way line and POINT OF BEGINNING 4. Said parcel contains 400 Sq. Ft., more or less. Said description contains a total of 2,407 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 44' a �12459 �k OF 1y� L. B�1 g.2.&OZA PAGE 12 BASIS OF BEARING N00'04'35"W 2671.16' S. Locust Grove Rd. -{�--- — — — — — — 593.78'— — — — — — w I N 0 �l Z 0 Z< O� O 00 I o\Z �O •A O �x N Ui Nz �� �I 0 � -P -U N ((0 tN n 0 Dn N N O o 6 � I �� m l W O 01 N D Z J n L4 / v -p m 7 z w '- O cn n � O N I s (D =3 z o o 5. D N I Z 0-l N r+ m ` D X N OZ ON r�r 0 \ ;n m (D N m Ir Ln L \ rD n N IMz �. CA I = (O Ln CO 1J (D O N p frl �\U3 Q O I �`, \ I 0 I O _U O z a O O r —+ cn U' i fD N00'06'16"W • D 366.17' �Z / 133.43' 0 o S. Peak Ave ` ` j 6!ZN N tc, N00'06'18"W M\" N00'06'18"W 93.97' s 161,87' r 223.76' 00 O LOT 1 0 wo BLOCK 2 CO v r U, m Ln s n Z = ° m m m EXHIBIT B - CITY OF MERIDIAN SEWER & WATER EASEMENT n n APEX SOUTHEAST SUBDIVISION No. 1 J N O= O �aV>= m '1'1 o � m 0 o^ 3 � m N Sitivated in a portion of the NW 1/4 of the NW 1/4 of Ww< - z� o Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho 31.10 n89°54'48"c o O V. t N w O !3 s89*53 42"N' 31.10 Title: 20-124 City of Meridian Sewer& Water Estnt- POB I Date:06-01-2021 Scale: I inch =20 feet File: Deed Plotter.des Tract 1: 0.018 Acres: 777 Sq Feet:Closure=n00.0545%v 0.01 Feet: Precision=M 1275: Perimeter= 112 Feet 001=n89.5448e 3 1.10 003=s89.5342w 3 1.10 002=s00.0435e 25.00 004=n00.0435w 25.00 36.30 n89°53'42"e c to o •J � A C r sS9°53'42"w 36.50 Title: 20-124 City of Meridian Sewer& Water Esnit- POB 2 Date:06-01-2021 Scale: I inch=20 feet File: Deed Plotter.des Tract 1: 0.017 Acres: 730 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 113 Feet 001=n00.0618w 20.00 003=s00.0618e 20.00 002=n89.5342e 36.50 004=s89.5342w 36.50 25.02 n59°53'44"c 0 o c o r.' 539°»44"u• 25.02 Title: 20-124 City of Meridian Sewer&Water Esmt- POB 3 Date:06-01-2021 Scale: 1 inch=20 feet File: Deed Plotter.des Tract 1: 0.011 Acres: 500 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 90 Feet 001=s89.5344w 25.02 003=n89.5344e 25.02 002=n00.0616w 20.00 004=s00.0616e 20.00 20.00 n89°53'42"c 0 0 b � o c rn o„ c r.' s89°53'42"%v 20.00 Title: 20-124 City of Meridian Sewer&Water Csmt- POB 4 Date:06-01-2021 Scale: 1 inch=20 feet File: Deed Plotter.des Tract 1: 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet 001=n00.06 18w 20.00 003=s00.06 18e 20.00 002=n89.5342e 20.00 004=s89.5342w 20.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Creason Pedestrian Pathway Easement - Waterbury Park Subdivision ADA COUNTY RECORDER Phil McGrane 2021-130196 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 09/02/2021 08:19 AM CITY OF MERIDIAN, IDAHO NO FEE Creason Pathway Easement, Waterbury Park PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 24th day of August, 20 21 , between Waterbury Park HOA hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: (� r Karen Oefly,PresldenM bury Park HOA STATE OF IDAHO } ) ss County of Ada � f�, t !� This record was acknowledged before me on (date) byV (name of individual), [complete the following if signing in a representative capacrtV, or strike the following if signing in an individual capacity] on behalf of WOL-W W'y t'EC D 4- (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) ignature .�`•••IVY'•••• My Commission C>11 ;'C?pTA,# O COMMISSION M182077 1 Pedestrian Pathway Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-24-2021 Attest by Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-2 4-2 0 21 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 EXHIBIT A Legal Description A blanket easement over portions of four(4) common lots in the Waterbury Park Subdivision, as necessary to create a contiguous pathway, consisting of. • The common area legally described as all of Lot 36, Block 1, Waterbury Park Subdivision No. 5 as depicted on the Plat recorded in Book 73, Pages 7507 through 7508 in the office of the Recorder,Ada County Idaho. • The common area legally described as all of Lot 19, Block 7, Waterbury Park Subdivision No. 5 as depicted on the Plat recorded in Book 73, Pages 7507 through 7508 in the office of the Recorder,Ada County Idaho. • The common area legally described as all of Lot 18, Block 7, Waterbury Park Subdivision No. 4 as depicted on the Plat recorded in Book 66, Pages 6862 through 6863 in the office of the Recorder, Ada County Idaho. o The common area Iegally described as all of Lot 30, Block 1, Waterbury Park Subdivision No. 4 as depicted on the Plat recorded in Book 66, Pages 6862 through 6863 in the office of the Recorder, Ada County Idaho. r EXHIBIT B-1, Waterbury Park No. 5 n a i 7 Ot '6 N NO IS I A I 0 an S AN r• A kin Oil 31 V Ame IF L ,ICl7 AM ALF 1-4 C/) as i �Wm all Gee 00 ZL IF Mq {/)�x�—�%�C I { Q qO 0 III• ZL t�j I q p a [ \� 3fY13'1Y Ali�l�71 ® f M M�� 0311r��xn x oil �i OldirrlY A Own n �yy i EXHIBIT B-2 - Waterbury Park No. 4 - o a6q 4x '$ ON01!WOOl3N 'N o W T ONRMiN A 5'S,8 .SE Ni9E 3.LL.9l DO N gg zK V m� 3+ Ix51 at $ c7 0nS� �� 3s 2 ' 'im s a Ids . o g a -A a � 19 Q� -40 Fr §�LLJVw p7 90 � mm n E� s§t7U $K n�g a E cco c <a o o mxO.LLAOS E {, zees .ossll .a'cll W Q ly'61 3,00.riLOt1U q }OV .Cl'&l l m" 113)la o M]VU4.16'Y O 3A8,r2LW1 tliao' p .91'sl1 v navate'N o R 31Z71 I gm'la' g Q z .sl roil°p wo-a',rN � r 3.01MON I,n [i Of CL I I ' Q N .fY i_i t15.Otr � r•+y 3.9E.IL.1Q4 r 2 s 03 _ O z -I " 5000116E ` r •ryp N 6 (r � � n ..:-'vrm�ma" r, S: ��° 3..r• l,l= 1 O �� ,1950'E �w ��33 W s AA g q rry g o s oaoGi m vosu Ir 3. aft AO.�L M.00.LLADS H< s R nn ��i � b_ O 1]N Of •,cE 3,aq' `O� ,n m3 ��QQ� S Mob' M N A19. M W 800 �Ni xx2c.aas m � g' � .53: �' o f ' "� 8 � sass• ncr Saar- '"xim s9.m a � �8 -06Frq.h w n d vs>,an 3oaa•N �'�� I•��ro� # roar • n n !1 XOQlItlPN� q�� y ~ `y2�• � Y ^Y y ! if 98 -- 1 <A w' xim roar xiar n.ar" caAr 3 - 'sF r a � Z 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2021-126692 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 08/26/2021 09:48 AM CITY OF MERIDIAN, IDAHO NO FEE TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. I SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this24th day of August 2021 between SCS Investments LLC, DWT Investments LLC and BVB Ten Mile Crossing Annex LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: A�/ Michael A. Hall, President STATE OF IDAHO ) :SS. County of Ada ) On this 11)+-ti day of August, in the year 2021, before me a Notary Public of said State,personally appeared Michael A. Hall,known or identified to me to be the President of SCS Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company 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 written above. r SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho My Commission expires: Commission Number 20181002 My Commission Expires Jun 1, 2024 DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L.-Phillip, President STATE OF IDAHO ) ss. County of Ada ) On this 01 day of August, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT INVESTMENTS LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. SL FN.taly HARI VAUGHAN Notary Public for Ida // Public-State of Idaho My Commission expires (a -cZUa�ion Number 20181002 sion Expires Jun 1, 2024 BVB TEN MILE CROSSING ANNEX, LLC An Idaho limited liability company By: BV Management Services, Inc., Manager By: Cortney iddiard, Pr ident STATE OF IDAHO ) :ss. County of Bonneville ) On this "'`1 day of August, in the year 2021, before me a Notary Public of said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official set the day and year in this certificate first written above. BRANDILOVE COMMISSION NO. 37925 NOTARY PUBLIC ' �'` � STATE OF IDAHO Notary Public for Idaho [My COMMISSION EXPIRES 04/12/26 My Commission expires: GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-24-2021 Attest by Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G August 2,2021 Project No.21-050 TM Crossing Subdivision No.5 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89'11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said Section 14; Thence following the southerly line of said Southwest 1/4,S89'11'30"E a distance of 355.97 feet to the POINT OF BEGINNING. Thence leaving said southerly line,N00'48'26"E a distance of 3.88 feet; Thence N89°11'34"W a distance of 118.42 feet; Thence N00°48'26"E a distance of 207.08 feet; Thence S89°11'34"E a distance of 20.00 feet; Thence N00°48'26"E a distance of 12.57 feet; Thence N08°47'45"E a distance of 50.42 feet; Thence S81°12'15"E a distance of 6.74 feet; Thence S16°01'51"W a distance of 39.49 feet; Thence 21.26 feet along the arc of a circular curve to the left,said curve having a radius of 80.00 feet,a delta angle of 15°13'25",a chord bearing of S08°25'08"W,and a chord distance of 21.19 feet; Thence S00°48'26"W a distance of 194.02 feet; Thence S89`11'30"E a distance of 90.32 feet; Thence N00°48'26"E a distance of 17.48 feet; Thence S89°11'34"E a distance of40.56 feet; Thence N00°48'26"E a distance of 15.50 feet; Thence S89°11'34"E a distance of 26.00 feet; Thence S00°48'26"W a distance of 48.50 feet; Thence N89°11'34"W a distance of 38.95 feet; Thence S00°48'26"W a distance of 3.88 feet to the southerly line of said Southwest 1/4; Thence following said southerly line,N89°11'30"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 8,513 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a 12459 0 A OF L. Bi►L1'� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\21-050\CAD\SURVEY\EXHIBITS\21-050 CITY OF MERIDIAN WATER AND SEWER EASEMENT W EST.DWG,AARON BALLARD,8/2/2021,KYOCERA TASKALFA 4550CI KX.PC3,-- S. Ten Mile Rd. :E o o .� C Z n >0 c I I Mcr- cam° w o 0 0 r Do0 Nam � ILn � rt to o z z tD 1-9 CD W v I-, I-' O N - - O Opp Dm O o 0CiNnj m I M o in 0 C„ � cn z z NOO'48'26"E 207.08' o m --Im p P au _ 41 U, _ Ni m N rr J fV U! z SOO'48'26"W 194.02' m cD CA -P (A W Izf o o coo 0 zo M o z q- i -� c0DD,I to 0o co v DO O j + C7 --I Q �wNA p .P. 0 N Q N _, mN rW OpM C O wp W of �'0 0 0 I p : I p O 0 0 co T z oI oJ0 In � Lnrn o �, JM J — — �'�` `n r(,Am �J wo I \ rnI CD 0 p� \ 0 p D W Ut I I r O �� w N I m z N SO0'48'26"W m `A �1 I I Z m II mo O _ I I -o L„ `C 0C I N < I v o Z z I N N �: o M I p N � D to W ,v X C OL71 0 D W X ;0 O r p lD n Z I n -0 - _1 0 Z -I C F" N n O O rZ O C o II Z \ N 0 mp mmp m r I O 0 y p p � -0 OD mD D m v z G) m m 0�14 C WKMK: E ZZD0wZ l!i o i m 0 Rm'1 ��, m Exhibit B 3? _ - ��' City of Meridian Water Easement z O h�oom w m T D Situated in a portion of SW 1/4 of the NW 1/4 of �w� 3 g <7o I-' c twD W D N � z o o Section 14, T.3N., R.1W., B.M., City of Meridian, Ada County, ID 0 N Y, O F+ Title: Date: 07-19-2021 Scale: 1 inch=50 feet File: Deed Plotter.des Tract 1: 0.195 Acres: 8513 Sq Feet:Closure=n59.2652w 0.02 Feet: Precision=1/56657: Perimeter=975 Feet 001=n00.4826e 3.88 008=sl6.015lw 39.49 015=s89.1134e 26.00 002=n89.1134w 118.42 009:Lt,R=80.00,Delta=15.1325 Bn�-s08.2508w,Chd=21.19 016=s00.4826w 48.50 003=n00.4826e 207.08 010=s00.4826w 194.02 017=n89.1134w 38.95 004=s89.1134e 20.00 011=s89.1130e 90.32 018=s00.4826w 3.88 005=n00.4826e 12.57 012=n00.4826e 17.48 019=n89.1130w 20.00 006=n08.4745e 50.42 013=s89.1134e 40.56 007=s81.1215e 6.74 014=n00.4826e 15.50 77 E IDIAN*,----, AGENDA ITEM ITEM TOPIC: TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2021-126729 BOISE IDAHO Pgs=8 NIKOLA OLSON 08/26/2021 10:30 AM CITY OF MERIDIAN, IDAHO NO FEE TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 24thday of August 20 21 between BVASB Ten Mile Retail Food Building LLC, ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTOR: BVASB TEN MILE RETAIL FOOD BUILDING, INC. an Idaho limited liability company By: BV Management Services, Inc., Executive Manager By or ney Liddiard, Pr ident By: Brighton Corporation, Executive Manager By: Robert L. Phillips, President STATE OF IDAHO ) :ss. County of Bonneville ) On this the �'^� day of August, in the year 2021, before me a Notary Public of said State, personally Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. BRANDI LOVE ��a�,� COMMISSION NO. 37925 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission expires: 4DZ-) e MY COMMISSION EXPIRES 04/12/26 STATE OF IDAHO ) :SS. County of Ada ) On this I — day of August, in the year 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. L4't4, SHARI VAUG Notary Public for Idaho Notary Public-State[e o of Idaho rr Commission Number 20181002 My Commission expires: I�- My Commission Expires Jun 1,2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-24-2021 Attest by Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2021 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G August 2,2021 Project No.21-050 TM Crossing Subdivision No.5 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89°11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said Section 14; Thence following the southerly line of said Southwest 1/4,S89°11'30"E a distance of 348.37 feet to a point; Thence leaving said southerly line,N00°48'30"E a distance of 19.40 feet to the POINT OF BEGINNING. Thence N89`11'30"W a distance of 90.32 feet; Thence N00.48'26"E a distance of 194.02 feet; Thence 21.26 feet along the arc of a circular curve to the right,said curve having a radius of 80.00 feet,a delta angle of 15'13'25",a chord bearing of N08025'08"E,and a chord distance of 21.19 feet; Thence N16°01'51"E a distance of39.49 feet; Thence S81°12'15"E a distance of 14.26 feet; Thence S08.47'45"W a distance of 48.95 feet; Thence S00`48'26"W a distance of 185.19 feet; Thence S89°11'34"E a distance of 69.82 feet; Thence S00°48'30"W a distance of 17.48 feet to the POINT OF BEGINNING. Said parcel contains 6,249 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 5g1�Cs1 T +s' 4 � � a to 12459 0 OF t4�.4U L. BAL1'� •Z U7 5725 North Discovery way • Boise, Idaho 83713 • 208.639.6939 • kmenglip.com al r r r. r. r. r o o O �(lunoD epy ue!puaW jo Al!:) W'8 MZ'� N£'1 tiZ uo!PaS N H N 10 V/Z MN D4110 V/I MS jo uo!laod a ui pajenj!S rl o Q W >O� LL W O SQ a O N o oN c Iuauaase3 J@IeM ueipiaaw 10 AID 6 w� �zmoY 9 I!q!gx3 a - LU = Z QQ O a (n W 0 W L11 L(l z fr cH J Q K D) Q F- F-- O U W W U N H Waa ¢W u) W FD _Z IL lz l W m O W D �_ 0 p J W J D O p N z U) Q) \ U Z ,-' `n ¢ gZ v 00 � o —IZ U J O_ 0_ Z Z W O U I- O O w - U 1 � � U (�J UJ X d m Q N 0 J cu Q m �1 a W > ill N N Z 0 O I af 4 O- I I O U Ln _ 1 i C.) LD N z \� Z a w 11N z o I w LU �� J i I _ I - I — �' 00 Ln IM bo o a, bo 0 _cz I`O � z Qj N N U N C O O O O p _O Q I- �U; m • ' I u 'N 01 O O > w I > w n 2 =a CO oM oW D F- a, W °) I y I m ~ N N d Z N N 3 O 00 V) ZOi L— s s��gos 6 L'99 M 9Z,2t.00s c00 T 8� 00 s� • 1• s z I " S,10,91N' 1� ,ZO`VIS 1 3 9Z,91V-OON 1 o I z z M W Q O c-I rH U Y z LA N 4� O 41 O O Iz I o' i co m I I O g Z U 0' O¢ O / ZZ\ / 0 a0 3: 'PH DIM ual 's ---'EDd'XX DOSSU VdIVXSVl VU3DOAX'IZOZ/Z/8'OUVllVB NOUVV'9M0'15V31NPOSV3 U3M3S ONV 01VM NVIOIHM 10 A1D OSO-TZ\SiISIHX3\A3AiinS\OVJ\050-TZ\:d Z8'69 ab£I 1'68S=800 6V*6E aIS[0'91u=ti00 6['981 M9Z8ti'OOS=L00 6l"IZ=P4J,j80SC �80u9 9Z£I,9I=t0laa'00'08='I'ix;soo 96'8b M5tiLV'8OS=900 ZOT61 09Z8b'OOU=Z00 8ti'LI MO£8b'OOS=600 9Z'bi a9IZI'l8s=900 ZE'06 MOE1 1'68U=I00 Pad 189=Jalawuad 717ELS/I=UOIS1331d :100d 10.0 06989'9£S=aInso[D:Iaad bS 6bZ9 :Satoy£bl'0 :I IOW L sap-lanold paaQ :01i3 1031 OS=gouT I :alLDS I ZOZ-6I-LO :aI-eQ E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Full Release of Easement for 1256 and 1308 S Rackham Way ADA COUNTY RECORDER Phil McGrane 2021-126681 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 08/26/2021 09:28 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sewer Easement GRANTEE: CITY OF MERIDIAN GRANTOR: James A. Kissler, LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated April 17 , 2018 and recorded as Instrument Number 2018-034524 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 24th day of August 20 21 CITY OF MERIDIAN Robert E. Simis yor -41d21 is ' I G� . � IDAHO QUAT Attest by Chris nson, Cit ``C�erl s���`� -24-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-24-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Notary Signature COMMISSION#67390 3-28-2022 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO MY CbMMISSION EXPIRES 3128122 Version 01/01/2020 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. Page 107 Item#8. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: August 24, 2021 Topic: Final Plat for The Landing No. 13 (FP-2021-0040) by Rock Solid Civil, Located at 660 S. Linder Rd. Request: Final plat consisting of 8 buildable lots and 2 common lots on 2.43 acres of land in the R-4 zoning district. Information Resources: Click Here for Application Materials Page 108 Item#8. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 8/24/2021 Legend - - -- DATE: -- IffProject Lacfliiar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 f E SUBJECT: FP-2021-0040 Landing No. 13 LOCATION: 660 S. Linder Rd.,in the NW 1/4 of --- Section 13,Township 3N.,Range 1 W. - ��ffflll I. PROJECT DESCRIPTION Final plat consisting of 8 buildable lots and 2 common lots on 2.43-acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Derritt Kerner, Rock Solid Civil—270 N. 27th St.,Boise,ID 83702 B. Owner: Rustin Ray, Stetson Homes,Inc.—339 W. State St., Ste. 101,Eagle,ID 83616 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0005—Landing South)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots did not increase and the amount of common open space remained the same. Therefore, Page 1 Page 109 Item#8. Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV.DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 10/5/2020) FRFLWM YA TFCR THE LANDING SOUTH SIUEUMSION A FUR17(N OF THE S W IM OF THE MW 1AOF SEGTXW 13, T.M.,A.1W S.M., MEWMW.AOA GOIIM1'iY.fOAMO .��.. 7020 hrnum nsv V-21 I '..I ..�.� ....,� +. s� wtavYr `�'I J 0I ss i i I.._. _.._..J.._.._ a gI I�I 6 I '`Y pw `'s3 1► + \ a� 3 mwvemvc nwn."eswe..o..mem,mycuem ___'- _ ___ g I Page 110 Item#8. B. Final Plat(dated: 6/28/21) THE LANDING SUBDIVISION NO.13 9]O:/„PAGE _ LOCATEp"""THE NW"OF SKRON 13,T 3 N,9 1 W., CM OF MMOIAN,AM CdAYT]'IMHO 2021 •lAANII�i ' LEGEND jI I \4•\�,�\4,� � >s¢ux�,x�xe.Ls^ .�.,� �rroran wx��swmno.ut.w•.w.e...mws M' I i P I . III 2aw5.—A- -- —_-- --J I EMMEI.1D SM17 (2W6 39W6164 11574 FAX(269)39MOF w ..SAw TM-S.MM 600K—PAGE.. THE LANDING SUBDIVISION NO.13 'I M1 EASEMENT DETAIL 56 E,s:c.•- _�:s..s . =rrxaeruso,rw,mm,wr r,,,.. _ COAIMQV LOT _�-_ .r,., mIgMOIY LOT 9 r av .. _ wunrvs 57 ox is, `..v c, rrvrxaapx6 mE mmnm-rnw .�.. � r 4 — u-ruecasiwaei sE,rrowc ro.xrmxcr _________ �� � � e11s 69 van arvaso iemwL aaa wunrvutuwos,i9z.sarcn, xxxvo[a."�. . •� _ � sxtx¢murxn ass un,mxerncxzwmrsuomnnratYmxw<xv seas.... � ,Q, vnGB mumey aw[Wrvrruccnvs mwiro.r,ns rumxnrom ewxw wr..rz,nr 56 _.._ smvrvam.'ro.z,n o¢r2rxz oxzrz.vrae�; wbrtRtvarJrrolaYCFwUUAwN6 �_\_�,. I --_ eaxrwxrsmervw,, �_ ev eamat5v av mixwsH.n � zm,onr�xxnxExrmn 63 ciHF PBorF CE.�l6£06£o 4.IAfft mlrFiNs nAa[£MJa£ro1ES. � � usuuvr[S�uJz[.) t 62 60 61 �c�aoa I ss axmtesrerne+-rnaove nnmcm :ErK.rwb.x�.¢..�,irEw..nmwrx,x.� sstwr mxarnt�.s... •.. •" nearr,.cwm mce 20305.WASHINGTON AVE. r- EMMETT,10 63617 xoraavpmur rca mua �ssr $y .i (208)398-8104 LL574 FAX(208)398-8f06 '^'sKK"��^'a"^� A a�� LmdSuiueyirq LLG WWW.S4WFOOTMS.COM Page 3 Page 111 C. Landscape Plan(dated: 06/14/2021) LANDSCAPE CALCJLA7 CN5 rLA�,7 PALETTE I. F 111 6— —1-11 nor_ EP US -1- F7%E,, ;a L NOTES -------- T < LU 0 z U) Z n-LU AL z < -j LL I 192,1L, I IM 2 LU 2'NIX- FENCE VINYL PRIVACY FENIE IRON r I-E—E TIE 1111 (D TREF PLA14TIN&5TA<IW, SRFZM PLANTING Item#8. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the preliminary plat(H-2020-0005) application approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(by December 22, 2022); or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Sawtooth Land Surveying,LLC, stamped by Jeff Beagley, dated: 6/28/2021,included in Section V.B shall be revised as follows: a. Note#8: Include the recorded instrument number of the ACHD landscape license agreement. b. Note#11: Include the recorded instrument number of the amended CC&R's. c. Remove the call-outs for the 10' and 5' landscape buffers on the north side of Lots 57 and 64, Block 5 as landscape buffers are not required in those locations, only along S. Linder Rd. d. Change the 55' NMID"buffer"to"easement"if it's an easement. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 06/14/2021, included in Section V.C, is approved as submitted. 6. A 14-foot wide public pedestrian easement for a future detached pathway along S. Linder Rd. is required to be submitted to the Planning Division with the final plat for City Engineer signature; coordinate the details of the easement with Kim Warren,Park's Department. 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. All fencing shall comply with the standards of UDC 11-3A-7C. 9. 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. Sewer service crossing infiltration trenches should be minimized. The existing infiltration trench can be moved North to eliminate excess crossings. 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 Page 5 Page 113 Item#8. Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. Page 114 Item#8. 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 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 7 Page 115 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for TM Creek Apartments Phase 3 (H- 2021-0035) by Brighton Corporation, Generally Located South of W. Franklin Rd. and East of S. Ten Mile Rd. CITY OF MERIDIAN E I FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for a Rezone of 5.58-Acres of Land from the TN-C to the C-G Zoning District; and Conditional Use Permit for a Multi-Family Development Consisting of 238 Apartment Units,Including Two(2)Live/Work Units, on 7.83-Acres of Land in the C-G Zoning District for TM Creek Apartments Phase 3,by Brighton Corporation. Case No(s). H-2021-0035 For the City Council Hearing Date of. August 10,2021 (Findings on August 24, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 10, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 10,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 10, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 10,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CREEK APARTMENTS PHASE 3-H-2021-0035 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 10,2021, 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 conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 10,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). 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 August 10,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CREEK APARTMENTS PHASE 3-H-2021-0035 -2- By action of the City Council at its regular meeting held on the 24th day of August 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 Simison 8-24-2021 Attest: Chris Johnson 8-24-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-24-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TM CREEK APARTMENTS PHASE 3—H-2021-0035 -3- EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING August 10,2021 Legend !5T&N".all DATE: ff TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 - SUBJECT: H-2021-0035—TM Creek Apartments Phase 3 LOCATION: South of W. Franklin Rd. and east of S. - - - -- Ten Mile Rd.,in the NW 1/4 of Section 14,Township 3N.,Range 1 W. (Parcel #R8483040240) 10 r-rir-r I. PROJECT DESCRIPTION The Applicant has applied for a Rezone(RZ) of 5.58-acres of land from the TN-C to the C-G zoning district; and Conditional Use Permit(CUP) for a multi-family development consisting of 238 apartment units, including 2 live/work units,on 7.83-acres of land in the C-G zoning district. Alternative Compliance(ALT)is requested to the following UDC standards: • UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets; (Note:Staff determined this request is not necessary—see analysis in Section VI.) • UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private usable open space to be provided for each dwelling unit; and, • UDC Table 11-3C-6,which doesn't include a requirement for parking for studio units,to allow the vertically integrated standard to apply. Page 1 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.58-acres(RZ area);7.83-acres(CUP area) Future Land Use Designation Mixed Use Commercial(MU-COM)&High Density Residential(HDR) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Future commercial(west of Wayfinder);multi-family development(east of Wayfinder) Current Zoning General Retail&Service Commercial(C-G)and Traditional Neighborhood Center(TN-C) Proposed Zoning General Retail&Service Commercial(C-G) Number of Residential Units(type 238-apartment units(studio, 1-bedroom,2-bedroom and of units) live/work) Density(gross&net 30.4 units/acre oss /30.8 units/acre net Open Space(acres,total[%]/ 2.51-acres(32.1%) buffer/qualified) Amenities Clubhouse with fitness facilities,a bike repair room,pet grooming station and work rooms;outdoor swimming pool, grilling area,sports court(snookball)&ping pong and fireside seating. Physical Features(waterways, The Ten Mile Creek runs off-site along the southern boundary hazards,flood plain,hillside) of the site. Neighborhood meeting date;#of April 12,2021;no attendees other than Applicant attendees: History(previous approvals) AZ-13-015/PP-13-030/H-2015-0018/H-2016-0067/H-2020- 0074(DA Inst.#2021-089157) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study No es/no Access One(1)private street access is proposed via Wayfinder,a collector street,along the (Arterial/Collectors/State west boundary of the site. Hwy/Local)(Existing and Pro osed Fire Service • Distance to Fire 2.3 miles from Station#1 Station • Fire Response Time Within 5-minute response time area goal Page 2 Description Details Page • Resource Reliability 70%—does not meet targeted goal of 80%or greater • Risk Identification 4—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds once secondary access is completed. • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Requires 2,500 gallons per minute for 2 hours. • Other See specific comments in Section IX.C. Police Service No comments were submitted. West Ada School District • Distance(elem,ms,hs) Approved prelim Approved MF Enrolled for plat parcels per units per Miles 2121=22 ca aci attendance area attendance area °e `°kh°°. • Capacity of Schools peregrine Elementary 466 650 58 235 1.9 Meridian Middle School 1071 1000 797 1795 2.8 • #of Students Enrolled Meridian High School 1940 2075 3507 2419 1.7 School of Choice Options Chief Joseph Elementary(Arts) 536 700 N/A N/A 5.2 Barbara Morgan Elementary(Stem) 434 Soo N/A N/A 3.3 • Predicted#of students 24 generated from proposed development Wastewater Distance to Sewer Services Directly adjacent _ Sewer Shed South Black Cat Trunk Shed Estimated Project Sewer See Application ERU's _ WRRF Declining Balance 14.15 _ Project Consistent with WW Yes Master Plan/Facility Plan _ Impacts/Concerns • Sewer easements must be provided and be free of encroachments. • A sewer stub is required to the northern parcel S1214212580 Water Distance to Water Services Directly adjacent Pressure Zone 2 _ Estimated Project Water See Application ERU's Water Quality None _ Project Consistent with Water Yes Master Plan Impacts/Concerns • Water easements must be provided and be free of encroachements. • Water must be extended to the east property line. • An easement must be provided to the southeast portion of the site for future water connection to the east. • The 6"water main on the east side of the property must be increased to 8" i e to meet fire flow. Page 3 C. Project Maps Future Land Use Map Aerial Map (fLegend - 0 (fLegend Project Lacaicm I Project Luca fkm 'xed to e't High- -ensify Res�idential diurn D nsify _ r , _ 1111- Residential ti► - - - - �I F111 Zoning Map Planned Development Map Legend '1-C R� Legend Projent Lanafian � Praject Lflnafian - +- oafy Lin-rk R-1 -N I-L — Planned Parcels I UT ---1 E RUT TN- C. C-G R- -8 U --- o 1 I-T�r—r I-T�r—r III. APPLICANT INFORMATION A. Applicant: Kameron Nauahi,Brighton Corporation- 12601 W. Explorer,Boise,ID 83713 B. Owner: Brighton Development-2929 W.Navigator Dr.,Meridian,ID 83642 C. Representative: Mike Wardle,Brighton Corporation-2929 W. Navigator Dr., Ste. 400,Meridian,ID 83642 Page 4 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 6/11/2021 7/23/2021 Radius notification mailed to properties within 300 feet 6/8/2021 7/21/2021 Public hearing notice sign posted 6/17/2021 7/30/2021 on site Nextdoor posting 6/8/2021 7/20/2021 V. COMPREHENSIVE PLAN(Comprehensive Plan and TMISAP) Land Use: The subject property is designated Mixed Use—Commercial(MUC-COM) and High Density Residential(HDR) on the Future Land Use Map (FLUM) in the Comprehensive Plan. Development of the property is governed by the Ten Mile Interchange Specific Area Plan(TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational,employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses.While the focus of these areas is on commercial and employment uses,the horizontal and vertical integration of residential uses is essential to securing entitlements. As with all mixed-use areas,this designation requires developments to integrate the three major use categories— residential, commercial and employment. In MU-COM areas,three or more significant uses also tend to be larger scale projects. This designation is intended to provide flexibility and encourage developers to build innovative projects. HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments in this area should fall within or below this range, although smaller areas or higher or lower density may be included. Residential densities can be concentrated in multi-story projects with up to 50 dwelling units per acre allowed. Design: Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential in the MU-COM designation. The goal in these areas is to achieve a FAR of 1.00-1.25 or more. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The mix of residential uses may be achieved vertically within buildings;however, some horizontal mixes may be allowed. This land use designation calls for an overall target density of 8-12 dwelling units per acre,with higher densities allowed on individual projects.No more than 30%of the ground level development within the MU-COM designation should be used for residences. See the Application of the Design Elements matrix on pg. 3-49 of the TMISAP for design elements applicable to the proposed development. HDR designated areas are typically relatively compact located adjacent to or very close to larger MU- COM and Employment areas, and other intensively developed lands. The design and orientation of new HDR buildings should be pedestrian-oriented and special streetscape improvements should be considered 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. Housing types desired in HDR areas are apartment buildings,townhouses or row houses, and live-work units; however,the expectation is that most buildings will be relatively dense multi-family types. Page 5 Transportation:The Transportation System Map (TSM)in the TMISAP does not depict any local, collector or arterial streets across this site other than the existing S. Wayfinder Ave., a collector street, which lies along the west boundary of the proposed residential area. A Traffic Impact Study(TIS)was not required because this area was studied and included in the TMISAP. The streets in this vicinity(i.e.W. Franklin Rd., S. Ten Mile Rd. and S. Wayfinder Ave.) are fully built- out. Proposed Use: A multi-family development containing 238 dwelling units consisting of apartments and live/work units is proposed to develop on the site. The proposed development lies within two different FLUM designations—MU-COM&HDR. Multi-family apartments and live/work units are desired uses in both designations. COMPREHENSIVE PLAN POLICIES: Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family apartments will contribute to the variety of housing types and financial capabilities for such in the City as desired. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers." (2.01.01H) The proposed multi family development is located in close proximity to S. Ten Mile Rd., a mobility arterial,providing access to 1-84 and is within an employment center area. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed multi family apartments will contribute to the mix of housing types available in the City. There is currently a mix of housing types within a mile of this site consisting of single family, townhomes and multi family apartments. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed multi family apartments should be compatible with existing multi family residential uses to the south and southwest and future commercial/retail uses in this area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems; services are required to be Page 6 provided to and though this development in accord with current City plans. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed residential uses will allow folks to live in close proximity to employment, retail and restaurant uses which will reduce vehicle trips and enhance livability. VI. STAFF ANALYSIS A. REZONE(RZ): A RZ of 5.58-acres of land is proposed from the TN-C to the C-G zoning district.As discussed above, the associated FLUM designation for the area proposed to be rezoned is mostly MU-COM with a narrow sliver along the eastern boundary designated as HDR. The proposed C-G zoning and multi-family residential and live/work(i.e. vertically integrated)uses are consistent with the FLUM designations for this property. A site plan and building elevations were submitted as shown in Sections VIII.B and D that show how the property is proposed to develop with multi-family residential and vertically integrated uses consistent with the Comprehensive Plan and the TMISAP. The proposed density at 30.4 units per acre is also consistent with the density desired for this area,which is mostly designated HDR. A legal description and exhibit map for the area proposed to be rezoned is included in Section VIII.A. Because the subject property is already included within the area governed by a Development Agreement (DA) (Ten Mile Crossing H-2020-0074,Inst. #2021-089157)and the proposed development is consistent with the provisions in the agreement, Staff does not recommend a new DA or an amendment to the existing DA as a provision of the rezone. B. CONDITIONAL USE PERMIT(CUP) A CUP is proposed for a multi-family development containing(3)4-story structures with 238 apartment units consisting of(42) studio, (120) 1-bedroom, (74)2-bedroom and(2) live/work(i.e.vertically integrated)units on 7.83-acres of land in the C-G zoning district. The size of each of the unit types proposed is as follows: 516 square feet(s.f.) for studio units; 685 s.f. for 1-bedroom units; 1,036 s.f. for 2-bedroom units; 733 s.f. for small live/work unit; and 1,082 for large live/work unit. The gross density of the development is 30.4 units per acre. A total of 1,815 square feet of non-residential uses are proposed in the vertically integrated residential structure,which is a principal permitted use in the C-G zoning district and will allow a variety of commercial uses. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback often feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties. The proposed site plan complies with this standard. Page 7 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; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80)square feet(s.f.) of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. Alternative Compliance is requested to provide zero or a lesser amount ofprivate open space than required, as follows: 0 for studio units; 79.58 sf.for 1-bedroom units; 66.84 sf.for 2- bedroom units; 75.91 sf.for 1-bedroom vertically integrated unit; and 67.8 sf.for 2-bedroom vertically integrated unit. As an alternative, the Applicant proposes common open space and site amenities above the minimum requirements coupled with innovative new urban design with an emphasis on integrated internal open space,facilities and access to the Ten Mile Creek regional pathway system. Because the proposed design includes design features consistent with "new urbanism" and promotes walkable and mixed-use neighborhoods with access to the adjacent regional pathway along the Ten Mile creek and a vast amount of open space, the Director finds the Applicant's proposal to be sufficient and approves the Alternative Compliance request as proposed with the condition the 7-foot wide pathway along the southern boundary of the site is widened to 10 feet. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space.Private usable open space areas for the units fronting on Wayfinder were included in the common open space calculations, which don't qualify. However, the internal common open space at 2.2-acres complies with the minimum standard; other areas as shown on the plan that are a minimum of 400 square feet in area and have a minimum length and width dimension of 20'also qualify and exceed UDC standards. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The Applicant requests alternative compliance to the parking standards listed in UDC Table 11-3C-6, which doesn't include a requirementfor parkingfor studio units, to allow the vertically integrated standard to apply. One (1)space is required for a I-bedroom unit in vertically integrated residential as opposed to a 1-bedroom apartment unit, which requires 1.5 spaces with at least one of the spaces being in a covered carport or garage. With approval of alternative compliance, a minimum of 372 parking spaces are required with 194 of those in a covered carport or garage,for(42)studio, (120) 1-bedroom, (74) 2-bedroom and(2) vertically integrated residential units.A total of 379 spaces are proposed with 231 of those being covered(201 in a covered carport and 30 garage spaces). Because the proposed design includes innovative design features based on "new urbanism, "and promotes walkable mixed-use neighborhoods, the Director supports the requested alternative compliance. Page 8 Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 379 spaces, a minimum of 15 spaces are required; a total of 16 spaces are proposed in excess of UDC standards. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. There are no units containing 500 s.f or less 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.All 238 of the units fall within this square footage range; therefore, a minimum of 59,500 square feet or 1.37-acres of common open space is required. A total of 2.51-acres (or 32.1%) is proposed in accord with this standard. Although some of this area does not qualify(i.e. private open space)and is not really usable(i.e.parking lot planters), the internal common open space and area along the Ten Mile creek is 2.2-acres, which exceeds UDC standards. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. There are no units proposed that contain more than 1,200 square feet of living area. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.D meet this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, ef£retroactive to 2-4-2009) The Applicant requests the street buffer along Wayfinder Ave., a collector street, is allowed to count toward the common open space for the development although it is not separated from the street by a berm or barrier. Without this area, the internal common open space along the creek corridor still meets and exceeds the minimum standards. D. Site Development Amenities: Page 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 238 proposed units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. The following amenities are proposed from each category: a clubhouse with a fitness center, bike repair room and pet grooming station;swimming pool; open grassy areas at least 50'x 100'in size;fireside seating;grilling area; and sports courts (snookball&ping pong). The Ten Mile Creek multi-use pathway also lies adjacent to the site for residents to use. E. Landscaping Requirements: Page 10 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 landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to S. Wayfinder Ave. in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features. The Applicant shall comply with this requirement. Access: One(1)east/west private street access is proposed via S.Wayfinder Ave. for the development with three (3)accesses off the private street. An application for approval of the private street is required to be submitted that demonstrates compliance with the design and construction standards listed in UDC 11-3F-4. A cross-access easement is required to be granted between all non-residential lots in the subdivision per requirement of the preliminary plat in accord with UDC 11-3A-3A.2. Landscaping(UDC 11-3B): A 20-foot wide street buffer exists along S. Wayfinder Ave., a collector street,with on-street parking, benches,planters and tree grates in accord with UDC Table 11-2B-3, 11-313-7C and the TMISAP. Landscaping is required within parking lots in accord with the standards listed in UDC 11-3B-8C. The "diamond"planter islands proposed along the eastern boundary of the site comply with the established design standards for TM Crossing. Landscaping is required to be provided along the pathway adjacent to the southern boundary of the site per the standards listed in UDC 11-3B-12C,which require a mix of trees, shrubs, lawn and/or other vegetative groundcover. Landscaping should be added to the landscape plan in accord with this standard; calculations demonstrating compliance with this standard should also be included in the calculations table. Landscaping is required within common open space areas per the standards listed in UDC 11-3G-3E. Calculations should be included in the calculations table demonstrating compliance with this standard. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings and vertically integrated residential as set forth in UDC Table 11-3C-6 as discussed above. Alternative Compliance(ALT)is requested to UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets. No parking is proposed between the building and Wayfinder Ave. Garages are proposed adjacent to the Page 11 private street,which screen the parking between the street and the multi-family structures negating the need for ALT. Pathways: A 7-foot wide pathway is proposed along the southern boundary of the site adjacent to the Ten Mile Creek. Staff recommends as a condition of approval of the Applicant's request for Alternative Compliance to the private open space standards in UDC 11-4-3-27B.3,the pathway is widened to 10-feet and a 14-foot wide public pedestrian easement is dedicated for the pathway as recommended by the Park's Dept. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete, or bricks per UDC 11-3A-19B.4b. Fencing:No fencing is depicted on the landscape plan for this development. Any fencing constructed on the site should comply with the standards listed in UDC 11-3A-6 and 11-3A-7. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 4-story structures as shown in Section VIII.E. Building materials consist of stucco and bricks in neutral colors. Final design is required to comply with the adopted TM Crossing Design Guidelines. A Certificate of Zoning Compliance application shall be submitted and compliance with the TM Crossing design guidelines is required as set forth in the DA prior to submittal of building permit applications. VII. DECISION A. Staff: Staff recommends approval of the proposed RZ and CUP and the Director has approved the requests for ALT per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on July 1,2021. At the public hearing,the Commission moved to recommend approval of the subject RZ and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Josh Beach&Jon Wardle,Brighton Corporation b. In opposition:None c. Commenting None d. Written testimony: Mike Wardle,Brighton Corporation e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Ke. ids)of public testimony_ a. Applicant requested changes to the following conditions: #4h to change the width of the pathway from 10-feet to 8-feet; #8 delete condition requiring public pedestrian easement; and#9 remove language pertainingto o compliance with the design guidelines in the TMISAP and the standards in the ASM to require compliance with the Ten Mile Crossing esign Guidelines as required by the DA. 3. Key issue(s)of discussion by Commission: a. Adequacy of parking proposed for the development; b. The Applicant's request for a reduction in the width of the pathway from 10-feet to 8-feet along the southern boundary of the site due to topography near the creek; C. If fencing should be provided along the creek for public safety= d. Desire for more than(2)verticallygrated residential structures to be provided along Wayfinder Ave. 4. Commission change(s)to Staff recommendation: Page 12 a. Delete condition#8 requiring a public pedestrian easement and modify condition#9 as requested b, t�pplicant. The Commission supported Sta�f's recommendation or the provision of a 10-foot(instead of 8-foot wide pathway along the southern boundary of the site. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant requests condition#4h is deleted that requires the 8-foot wide pedestrian pathway on the north side of the creek to be widened to 10-feet. C. The Meridian City Council heard these items on August 10,2021. At the public hearing.the Council moved to approve the subject RZ and CUP requests. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle,Brighton Corporation b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Request for removal of the condition(#4h)requiring the pathway along the southern boundary of the site to be widened from 8' to 10'. 3. Key issue(s)of discussion by City Council: a. The Applicant's request for removal of condition#4h. 4. City Council change(s)to Commission recommendation: a. The Council voted to delete condition#4h requiring the proposed 8' pathway to be widened to 10': deletion of condition#8 requiring a pedestrian easement: and modification to condition#9 as requested. Page 13 VIII. EXHIBITS A. Legal Description&Exhibit Map for Proposed Rezone t.EUAL DESCRIPTION 'U'd Crwk '1-N4' Zone BOundars Ik4Lnof the NW114 titan 14 'I'o 4 ship 3 North. Rangc I West. not w kleridiuot_ Ada County. Tdaho descrilwd.w Niegiuninj;at point being S99,6WRI"I; 1577.94 C t alnn8 the Section line and S001134'40"w 294.26 teot from the northwest corner of said Seel ion 14_ Running thence N$5t"25'20 fir'290_60 feel: theaxe N99"2649"94 297.44 feet; thence 900033'I l"W 186.45 feet: ihcnwe SO4°00'00"W 2 43.81 reet to u point of a non-tanpenl curve; thence along said curve Eo the left 7.90 lixt(Curve Daw: Radius-,171}.M fix 1, Delta=t°40'33-',chord hears S89"03'34"F 7_W Feet); thcncc SHcP52'5 r T 1715.16 feet; thence N87°54'01"1L• 101.03 feet; thence N89042'19'T41_44feet to rhewst Iineot-the NW1.14NV4IAofmid iculicm 14; thence along said east lilie NOOr 34'40'F 10.00 to the nort1 line offen Mile Stub Drauti; thence along.said north lure N89'°51'06"fi 249.02 feet; th4ncc; ND0034ATE410.51 feet #hc Point ofBcginning_ Pamel Contains 5.58 Acres morc.or less. f3asrs of ReAeingr Ncxrth �ecLian line of the N W1 M of Section 14 Commencing at the Nc rthw t conwr of Stxtian 14 [hone€ S89'09'50"F, a di-. aitice of 2657.99 fek:r to the N 114 orSection Ito L LAN.0 0-1 b- 12224 OF 1 Page 14 LOCATED IN NW 1J4 OP SECTION 14, T3N., R.-VV BW- ADA COUNTY. IDAHO 1 CNRA T,19LE CU#1ulx --SWlN RACiux I*11A TWIENT CHM5 Lr AIFJG _ G1 �d7 ".09 5611 via'—"371y MR 479'3d�f'v1 Ca %770 TWW W51'16- 5a.19 I'm-W $rr 041fw C] W.42 194w 2EW47 47LS 5W W67W CS �,�1} 1 3TaCU 7'4tr97 T #4R 7911 ECAE pcfl FRANKLIN ROAD 1n 1F r SS4'24'7P'E 79ad#- - -- k S S NC'34'4VE 29.2v < �r f c ZONE TN- - N@'a0'96E 21U@L' � N1c917-asW ol-A ir 4R%9o'9Hti9'f Y5' UJ ZONE CG 51i'1f{'Abgi6Vr'w+ 72+199@D7Z-G6 a# M � GSFa+-E ineae 5"51'4m 9101' ' � 111 @1.3V '. -NBi'?O s4w 47 TJ ZON kb9'2&t+"N aC Oe r nuw �7 �{l� I 'Mre So 21w 10:4 R�-FL1 G N71'71'qQ'H n 977$v' 141# �- �` I ie[ii roia'41T 1 YYf idhA'.'� � 13-W 1795' Sa9'li'a�'E 7 G� ma-lea" '2rp"q Sd@'iP4%, 9174r- I xu o �I Y 1: w BRIGHTON CORPORATION KILLER #i*04�d�ii� rdr.,Id ZONING BOUNDARYit 4 Y•Y �I+M�7R LEGAL DESCRIPTION MAP FOR TM CREEK Page 15 B. Site Plan(date: 4/30/2021) o � B I TTM 4 FIF DIU a SITE LAYOUT ��.-.. ,mom Page 16 C. Landscape Plan(dated: 5/3/21) '.,,_�s�-ems:#rcr ;.,�.a+�ai..:. •.-:-.. -r.-.d^.�- - :as- 's A-t=r x PRIVATE TRUE wi 41m Z ,t I j �i yE I 1 TEN MILE CREEK BRIGHTON CONCEPTUAL 5UBJECTTO CHANGE a 7 Y j1 F ,9 merc®u.rxuxurmu.wx m�o " , d .. . CON[WhONAL USE PERMF LANDSCAPE WE PLAN NIFFER MOi11GAI�GiREET 11iEEC4CUTAlI0NSI1TR�35lF� - - ,..�.,.,i. PARKNG ISIANPIRFESx .,{p����"� . vm iREEGPENEG MIX ® -• ..}1 —I I-.,� e MRIGPTONPEQVIRFMIXIS ® r,—.. •le'— "v'® P Page 17 D. Qualified Open Space (dated: 5/3/21) . UIIIII F_TA�I— Dri b d I I ff I V i X �X ¢ I � w j e w I I ss rmr,r a I I _ eum � 2 O A/ 1I y� x G � W¢ ~ b S. it r C I p V CONDITIONAL USE PERMIT QUALIFIED OPEN SPACE EXHIBIT ��• _� PREUMINAN TE UW NS a anm _wwnm imm El Page 18 -- M IN iii I i-- ----' —iir al i IN ■■ i■ ■■ ■■�� ■■■■■n■■■ �■■■■ ■ E■u ■■� ■n ■mow ■■ n ■■ mi it u ii ■■� ■ ■ ■ w ■ on ■■ ■ all .■■ ! r■■ . �■■ am Bit_ -- ■ on IN No in ■ ■■! 1211 on ■� ■■ -- ■ ■■ all an ■ ■■■1 ill `■■ ■ Him!" ■n ■ ■■■ ■■ ■■ ■■ ■■■� ■�� ■■ - -- II m RaNaw 111 ii I!1 iii ii 111 1■] a �11 11� 1!� �11 11� J11 - Ir1 I° ■ ■■ �: 11� ■� e1 111 �1 T • , I l' ME yI �,. oil, 4 �s �r $ti all �ii ar; Nil ' 6 a WAYFINDER AVE. - STREET FRONTAGE _Lwwww_ ❑o INTERIOR HALLWAY UNIT ENTRANCE LARGE- 1,082 SF "WORK"—LOWER LEVEL SMALL-733 SF ❑ 76G! Ll erxe I L�LI ; LARGE-1,a82 SF "LIVE"— UPPER LEVEL SMALL-733 SF Page 21 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: I. The Applicant shall comply with the provisions in the existing Development Agreement(Inst. 2021- 089157) and all other previous conditions of approval. 2. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 4. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Depict the locations of the property management office,maintenance storage area, central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access),and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. b. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. c. Depict landscaping along the foundations of all street facing elevations adjacent to S. Wayfinder Ave. as set forth in UDC 11-4-3-27E.2. d. Include a detail of the proposed site amenities. e. Depict a gate across the emergency access driveway from W. Franklin Rd. as required by the Fire Dept. f. Depict landscaping along the pathway adjacent to the southern boundary of the site per the standards listed in UDC 11-3B-I2C,which require a mix of trees, shrubs, lawn and/or other vegetative groundcover. g. Calculations should be included in the calculations table demonstrating compliance with the required landscaping in common open space areas per UDC 11-3G-3E. h. Widen the pathway along the southefa boundaryof the site to 10 feet. i. Internal pedestrian walkways are required to be distinguished from the vehicular driving surfaces through the use of pavers,colored or scored concrete, or bricks per UDC 11-3A- 19B.4b. 5. Submit an application for the proposed private street that demonstrates compliance with the design and construction standards listed in UDC 11-3F-4. 6. The Director approved the Applicant's request for Alternative Compliance to the off-street parking standards for multi-family dwellings listed in UDC Table 11-3C-6, as follows: a total of 379 spaces shall be provided with 231 of those being covered(201 in a covered carport and 30 garage spaces). 7. The Director approved the Applicant's request for Alternative Compliance to the private usable open space standards listed in UDC 11-4-3-27B.3 for each dwelling unit as follows: 79.58 square feet Page 22 (s.f.) for 1-bedroom units; 66.84 s.f. for 2-bedroom units; 75.91 s.f. for the 1-bedroom vertically integrated unit; and 67.8 s.f. for the 2-bedroom vertically integrated unit. Floor plans with square footages noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with the alternative compliance approval. 8. Submit a 14 feet wide publie pedestr4an easement for-the pa4hway along the seu4hem boundafy e the site along the noAh side of the Ten Mile Creek in accord with Park's Department requirements. 9. An application for Certificate of Zoning Compliance shall be submitted for the proposed project and approved prior to submittal of building permit applications. Compliance with the Ten Mile Crossing Design Guidelines design,,,uideu„os i the Ten ratio inter-change Speei fi Area Plan and the desig,, sta- ,aaMs listed i the Arehiteetwal Standards Manual a applicable is required. See A App ea fion B. PUBLIC WORKS No comments at this time. C. FIRE DEPARTMENT https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=230631&dbid=0&repo=MeridianCity D. POLICE DEPARTMENT No comments were submitted. E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.org/WebLinklDocView.aspx?id=231480&dbid=0&repo=MeridianCitX F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) No comments were submitted. G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridianciLy.orglWebLinkIDocView.aspx?id=231292&dbid=0&repo=MeridianCit y H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=231215&dbid=0&repo=MeridianQty I. PARK'S DEPARTMENT https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=230766&dbid=0&repo=MeridianCioX J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.m eridia n c i ty.orglWeUink/DocView.aspx?id=2 3 10 7 0&db id=0&rep o=Meridia n City https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=229086&dbid=0&repo=MeridianCity Page 23 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 from the TN-C to the C-G zoning district is consistent with the associated MU-COM and HDR FL UM designations in the Comprehensive Plan for the subject property proposed to be rezoned. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to C-G will assist in providing for the retail and service needs of the community consistent with the purpose statements for the district while allowing multi family residential uses as desired in the HDR FL UM designation. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds that the proposed rezone should not be 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 of 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. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map designations ofMU-C and HDR and the multi family residential use is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. 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. Page 24 The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. C. Alternative Compliance(UDC 11-513-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds strict adherence to the standards listed in UDC 11-4-3-27B.3 is feasible. Pertaining to the request for Alternative Compliance to UDC Table 11-3C-6, there are no parking standards for studio units. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance of providing integrated internal open space, a pathway creek amenity and site amenities and common open space in exess of UDC standards coupled with innovative, new-urban design provides a superior means for meeting the requirements in UDC 11-4-3-2 7B.3. The Director finds the proposed alternative for parking for studio units provides an equal means for meeting the requirements in UDC Table 11-3C-6. 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 of compliance will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 25 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Triple D Development, Inc. (Owner/Developer) for Prevail North Subdivision (H-2021-0021), Located at 5150 S. Meridian Rd. ADA COUNTY RECORDER Phil McGrane 2021-126848 BOISE IDAHO Pgs=43 CHE FOWLER 08/26/2021 12:55 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Triple D Development, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 24th day of August 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 Triple D Development,Inc.whose address is 10248 Turner,Middleton, ID 83644, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation of 5.25 acres of land with a R-8(Medium Density Residential)zoning district of the property listed in Exhibit "A"", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT—PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE I OF government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS,on the 6th day of July,2021,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/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 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Triple D Development,Inc., whose address is 10248 Turner, Middleton, ID 83644 hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 2 OF 7 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan,and conceptual building elevations included in Section VIII.B,of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". and the provisions contained herein and the applicable standards in the Unified Development Code, including a Council Waiver to remove the stub street to the north property boundary. b. The rear and sides of 2-story structures that face S. Meridian Rd., an entryway corridor, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. c. All amenities and common open space within Prevail Subdivision (aka Percy Subdivision) and Prevail North Subdivision shall be owned and maintained by the same homeowner's association to ensure shared use in property. 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 parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 3 OF 7 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 4 OF 7 ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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 OWNER/DEVELOPER: Triple D Development,Inc. 10248 Turner Middleton, ID 83644 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 DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 5 OF 7 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/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each 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 Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: TRIPLE Q D VELOPMENT,Inc. BY: a,sl Its: UX* PA n 1 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-24-2021 Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO ) ss: County of Ada ) �r: On this day of Ju\� ,2021,before me,the undersigned,allotary Public in and for said State, personally appeared (yCMaSt,./ known or identified to me to be the pre_ ;cu 4 of Triple D Development,Inc.and the person who signed above and acknowledged to me that he 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. --------------- JONI NEAL COMMISSION NUMBER SOW Notary Public for�o-k\p NOTARY PUBLIC Residing at: 1�,a State of Idaho STATE OF I Corrlm M: My Commission Expires: Z-Zi•20Z3 ss County of Ada ) On this 24th day of August ,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,ofthe 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. Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT-PREVAIL NORTH SUBDIVISION(H-2021-0021) PAGE 7 OF 7 EXHIBIT A Annexation and Zoning Legal Descriptions and Exhibit Maps EXHIBIT_ DESCRIP71ON FOR PREVAIL NORTH SUBDIVISION CITY OF MERIDIAN ANNEXATION AND REZONE A portion of Government Lot 1 of Section 31.13N., R.1 E.,S.M„Meridian,Ada County, Idaho more particularly described as follows: Commencing at the NW corner of said Section 31 from which the W114 comer of said Section 31 beers South 00°37'56"West,2641.54 feet; thence along the West boundary fine of said Section 31 South 00°37'56"West, 1.113.77 feet to the REAL POINT OF BEGINNING; thence leaving said West boundary line North 89°39'29"East,1.184.97 feet to a point on the East boundary line of said Government Lot 1; thence along the East boundary line of said Government Lot 1 South 00°20'43"West, 206,98 feet to the SE comer of sold Government Lot 1; thence along the South boundary line of said Government Lot 1 South 89°39'29"West, 1,166.01 feet to the SW corner of said Governmeni Lot 1; thence along the West boundary line of said Section 31 North 00*37'56"East,207.00 feet to the REAL POINT OF BEGINNING, Containing 5.63 acres,more or less. Nq T�9 � 0 q�'OF�OGW' G. Page 1 of 1 Prevail North Subdivision H-2021-0021 S25 S30 E. AMITY ROAD 536 S31 1 IR r7 UNPLATTED RPOB N89'39'29"E 1184.97' _ 0 z �^ ZONE R-8 a � a 4 m '�`� I 245355 s f. 3 UNPLATTED E 0 5 I,w W .63 0.0. ¢ 4 � � O 10 uj Ca0 O O VI S89'39'29"1N 1186.01' UNPLATTED r 1/4 S36 S31 - k y SCALE: 1"=100- a 7729 0 0 2�1 50 100 200 �q �q�s�o�s° �r OF\ �w °fir a.c►`� � NO. ��Al ld EXHIBIT DRAWING FOR ou SURVEY K*HDI W W&RAt0*7, PREVAIL NORTH SUBDIVISION SO4AHQ "1,{]b1764 CITY OF MERIDIAN ANNEXATION AND RE--ZONE 1 1t08.16 E,lD LJ GROUP, LLC LOCATED w WYERNMENT tA7 Q OF$=ON 31,TW.RAE.B.M., DW OATE MEMUK ADA COUNTY,CAHO 3/1!/M21 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAy AND DECISION&ORDER In the Matter of the Request for Annexation&Zoning of 5.63 acres of land with an R-8 zoning district and a preliminary plat consisting of 18 single-family residential lots and 3 common lots on 5.25 acres of land,by Matthew Schultz,Schultz Development,LLC. Case No(s). H-2021-0021 For the City Council Hearing Date of: June 22,2021 (Findings on July 6,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 22,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 22,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 22, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 22,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) - 1 Page 177 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 22,2021, 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 and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 22,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two (2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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(Prevail North Subdivision—FILE#H-2021-0021) -2- 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 June 22,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) By action of the City Council at its regular meeting held on the 6th day of July 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 7-6-2021 Attest: Chris Johnson 7-6-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-6-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) EXHIBIT A STAFF REPORT C> E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 6/22/2021 Legend DATE: ..Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 T!. SUBJECT: H-2021-0021 Prevail North Subdivision LOCATION: The site is located at 5150 S. Meridian J --•, Road, on the east side of Meridian Road and approximately 1/4 mile south of E. ------ Amity Road, in the NW 1/4 of the NW 1/4 of Section 31,Township 3N.,Range IE. 1 , I. PROJECT DESCRIPTION Annexation&Zoning of 5.63 acres of land with an R-8 zoning district and a preliminary plat consisting of 18 single-family residential lots and 3 common lots on 5.25 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—5.63;Plat—5.25 acres Future Land Use Designation Medium Density Residential 3-8 du/ac Existing Land Uses Vacant land Proposed Land Uses Detached Single-family Residential Lots #and e;bldg./common) 18 residential building lots Phasing Plan(#of phases) Proposed as one phase(essentially the third phase of the Prevail Subdivision Number of Residential Units 18 single-family units Density Gross—3.42 du/ac Open Space(acres,total 0.83 acres(36,185 square feet),or 15.82%total open /buffer/ ualified space;0.75 acres,or 14.3%qualified open space Amenity Multi-use Pathway Physical Features(waterways, Carlson Lateral crosses north property boundary twice. hazards,flood plain,hillside) Applicant is proposing to reroute and pipe this lateral. See further analysis in Section V.N. Neighborhood meeting date;#of March 30,2021 —No attendees attendees: History(previous approvals) N/A Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via extension of an existing local street from Prevail No. (Arterial/Collectors/State 2 to the south. Hwy/Local)(Existing and Through Prevail No.2 and a segment of collector street(Quartz Creek Proposed) Street),access is then to S.Meridian Road/SH 69. Stub Applicant is proposing internal local streets to end in two cul-de-sacs,one to Street/Interconnectivity/Cross the east and one to the west.The western cul-de-sac would extend right-of- Access way to the northern property line for possible future extension through a city owned property. The eastern cul-de-sac is shown with a stub to the east property line for future connectivity to the east. Existing Road Network No Existing Arterial Sidewalks/ No.Applicant will be required to construct the buffer,noise abatement,and Buffers detached multi-use pathway segment along Meridian Road/SH 69. Proposed Road No road improvements are required with this application. Improvements CIP/Five Year Work Plan for nearby roads: Amity Road is listed in the CIP to be widened to 5-lanes from Meridian Road(SH-69)to Locust Grove Road between 2036 and 2040. Lake Hazel Road is listed in the CIP to 5-lanes from Meridian Road(SH-69)to Locust Grove Road between 2036 and 2040. • The intersection of Amity Road and Meridian Road(SH-69)is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes east,and 7-lanes on the west leg, and signalized between 2031 and 2035. The intersection of Lake Hazel Road and Meridian Road(SH-69)is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2036 and 2040. Distance to nearest City Park 1.8 miles to Discovery Park +size Fire Service • Distance to Fire 3.1 miles from Fire Station 46(2.1 miles from proposed new fire station in Station South Meridian;response time would be approximately 3 minutes from proposed station). • Fire Response Time A portion of the project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is 87%(above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(open waterway) • Accessibility • Proposed project meets all required road widths,and turnaround dimensions. • Emergency access in Prevail No.2 to the south is meant to be temporary; additional access to the east or north is preferred by the Meridian Fire Department. Police Service • Concerns None/no comments Wastewater Page 2 Description Details Page • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.09 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Flow is committed Water • Distance to Services 0' • Pressure Zone 5 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Water main will need to be installed in S Keyport Ave to connect to the existing water stub from Prevail Sub Phase 2 • The water main in S Scandia Ave that stubs to the City of Meridian property will need to be discussed with Public Works. C. Project Area Maps Future Land Use Map Aerial Map Legend tsity 0 Legend Project Location ` Project Location^Y! ^* , glaq - n1 Medwm Density Residential Law Density Residential Zoning Map Planned Development Map Page 3 tl� Legend i F Project Locotion L-0 RUT 14 Legend m RUT (�� R Project Location City Limits Planned Parcels - R-8 R-4 RU III. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development, LLC—PO Box 1115, Meridian,ID 83680 B. Owner: Carl Reiterman—2697 S. Linder Road,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 4/30/2021 Radius notification mailed to properties within 500 feet 4/27/2021 Site Posting 5/7/2021 Nextdoor posting 4/27/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciU.or /�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 an approximate five (5) acre parcel in between multiple parcels that are already annexed into the City of Meridian. The site to the North is a city owned property reserved for a future well site that currently only has access to Meridian Road. To the South is the 113-lot Page 4 Prevail Subdivision (approved in 2019)zoned R-8 with a future access to Meridian Road via a collector street, E. Quartz Creek Street, and a temporary emergency-only access to Meridian Road. The Applicant on this application is the same as who received approvals for the Prevail Subdivision to the south therefore making Prevail North a continuation of the already approved Prevail Subdivision. Commensurate with the future land use designation of MDR, the Applicant is proposing Prevail North with a gross density of 3.42 units per acre; therefore,proposing a residential project at the low end of the allowable density. Because this is an extension of the Prevail Subdivision to the south, the Applicant is aligning the proposed lots of Prevail North with those to the south to ensure compatibility of lot sizes. Furthermore, due to the constraints of the site being deep but relatively narrow and having a waterway along the north boundary, the Applicant is only proposing homes along the south boundary of the site. Stafffinds the proposed project to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. 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. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01G). The proposed project offers a density and site design that mirrors that to the south. Because of the relatively small lot size, strict adherence to this policy is not feasible and not in the best interest of the City when considering the constraint of the city owned property to the north. Staff finds the addition of 18 more lots matching the already approved project to the south as merely an extension of that project. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the south within the right-of-way of the local street, S. Keyport Avenue. This project also lies within the Fire Department response time goal. However, the singular public road access is through the Prevail Subdivision to the south, currently under development. Fire code only allows 30 homes off of one access and with the two projects combined, there will be 135 homes off of this access. This is why, as seen on the plat and in previous approvals, an emergency-only access is required to Meridian Road and is located adjacent to the southern boundary of this plat. Despite meeting Fire Code, Meridian Fire has concerns over the approved access points and recommends requiring stub streets to both the north and east of this plat for future connectivity. West Ada School District has not made comments on this application but an additional 18 homes are expected to generate approximately 14 school age children which can be easily absorbed into the school system, according to the ratio of 0.8 kids per household. Staff finds that the existing and planned development of the immediate area create conditions for levels of service to and for this proposed project that meet code requirements. Page 5 "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.01F). The Applicant is proposing this project with .75 acres of qualified open space, or 14.3%. The area chosen for the open space currently contains an irrigation lateral that is to be rerouted and placed on the shared property line between this property and the city owned property to the north—the Applicant has discussed this with Public Works and received approval to do this work. Placing the open space in this location allows for a relatively long and large open space area on one side of the new local street and preserves the area above the lateral for maintenance and for adequate recreation. "Promote area beautification and community identity through context sensitive building and site design principles, appropriate signage, and attractive landscaping."(5.01.02C). As discussed above, the area of most notable open space is the large open space lot along the north property boundary. This open space area is proposed with adequate open area, a detached sidewalk, and appropriate landscaping to beautify the space while not being overwhelmed with trees that would otherwise limit the open area uses of the space. In addition, the Applicant will be required to continue the multi-use pathway and landscaping along Meridian Road adding to the area beautification along a major roadway. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks from the south to allow easy access to the future pedestrian facilities and amenities within Prevail Subdivision. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes and lot lines that match those directly abutting the site to the south. This proposed density and lot placement should provide a cohesive project with Prevail Subdivision to the south. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend the abutting local street, S. Keynote, into the site and then "T"off the street by heading east and west with new streets for access to the proposed homes. In order to meet this policy as well as city development code, the Applicant is also proposing stub streets to the east and to the north. Further discussion and analysis on this are below in Section F,Access. Staff finds the Applicants proposed street connections comply with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site beyond the existing irrigation lateral that bends south into the site from the north and runs along nearly the entire north property boundary line. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,677 square feet and a minimum lot size of 5,362 square feet. This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(5 acres),the project is proposed to be constructed in one phase but will be phase 3 of the Prevail Subdivision to the south. The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive with the adjacent development to the south. Page 6 E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,the submitted elevations depict majority two-story homes with two-car garages and varying home styles noted as"Traditional,""Craftsman,"and"Contemporary."The elevations depict differing field materials of lap siding and stone with varying roof profiles offering an overall array of potential homes. G. Access(UDC 11-3A-3, 11-3H--4): Access is proposed via extension of Keyport Avenue, a local street stubbed to the southern boundary from the Prevail Subdivision. The submitted plans show Keyport extending into the site and then heading both east and west as Liberator Street to end in permanent cul-de-sacs at both ends of the site,in alignment with ACHD policy. The extension of all local streets is proposed as 33-foot wide street sections with the exception of a bulb-out along the north side of Liberator Street at the terminus of Keyport Avenue. This bulb-out is intended to be a traffic calming measure because the overall Liberator street, east-west, is greater than 750' in length(Liberator is proposed as approximately 908' in length from the center of the western cul-de-sac to the east property line). ACHD notes in their staff report that this type of traffic calming is acceptable but has not given a definitive approval of the location proposed on the revised preliminary plat. The Applicant will continue working with ACHD following any approvals received from the City and will likely be finalized with the final plat submittal at a future date. Staff is not concerned with the proposed location of the bulb-out and believes it will provide the desired traffic calming effects. Although,the length of the street from east to west is greater than 750' in length, S.Keyport intersects this street approximately half way to break up the block length.In addition,UDC 11-6C-3 notes that a dead-end street cannot be greater than 750' in length without an intersecting street.Because of S.Keyport intersecting Liberator,neither the west or east cul-de-sac is greater than 500' therefore not requiring any Council Waiver.It is admittedly an unusual road design but Staff considers it the most efficient design for livability and access when considering the site constraints of a large irrigation facility along nearly the entire northern boundary and topography throughout the site. Furthermore,there are no homes fronting along the north side of the proposed local street which further mitigates any Staff concern regarding its length on one side. The Applicant is also proposing two stub streets to adjacent properties; one to the north boundary out of the west cul-de-sac and one to the east boundary out of the east cul-de-sac. The original plat proposed both of these stub streets in the east quarter of the site but following conversations with Public Works the Applicant moved the stub street to the north to the west quarter of the site due to future plans for the City well site and topography issues. In congruence with this premise, the Applicant has also sited major topography issues with stubbing a street to the east boundary of the site and has specifically noted there could be a ten(10)foot elevation difference between the east stub street finish grade and the current grade of the Brighton owned property to the east. Page 7 Furthermore,the Applicant has also provided a conceptual drawing from the land owner to the east in order to show that a stub street to the east is not necessary—the submitted concept plan for the adjacent property does not show a street abutting the east property boundary of the subject site and instead appears to show an open space lot(see Exhibit VII.F). It should be noted that this concept plan is an older concept plan and the adjacent land owners do not have a solid plan in place for the area abutting the proposed plat. Staff supports the overall road layout and stub street locations as proposed on the revised preliminary plat. Though there is potential for topography to complicate the future road extension to the east, Staff highly recommends maintaining the stub street to the east for added future connectivity through the Brighton parcel to the east. This recommendation is based both in code(UDC I1-3A-3) and from recommendations of the Meridian Fire Department for better neighborhood connectivity and emergency response access as properties to the southeast develop in the future. 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-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and where there is no bulb-out. Furthermore,no on-street parking is allowed within any part of either cul-de-sac at the end of the new local streets. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the proposed streets except for that sidewalk adjacent to the large open space lot where 5-foot detached sidewalks with an 8-foot landscaped parkway are proposed instead. These sidewalks will be an extension of the pedestrian circulation of Prevail Subdivision to the south. The proposed sidewalks and parkway meet UDC 11-3A-17 standards and ACHD standards. In addition to the internal sidewalks,the Applicant is required to construct a segment of 10-foot wide multi-use pathway along Meridian Road,per the Master Pathways Plan. The Applicant is showing this required pathway segment within a landscaped common lot,per code requirements. J. Development Along State Highways(UDC 11-3H): The proposed project has frontage along Meridian Road/SH 69 which requires noise abatement per UDC 11-3H-4. The Applicant is proposing to construct a 4-foot berm with a 6-foot wall on top of it to total 10' above SH 69 centerline height, as required by code. This proposal matches what was approved in Prevail Subdivision to the south. Due to this segment of the wall being less than 300' in length, code does not require modulation in the wall plane. Other analysis regarding access standards of this code section are analyzed above in Section F. K. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: that area within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313); the common open space lot, and; the required landscape buffer to Meridian Road. The submitted landscape plans show landscaping in these areas as proposed. The proposed 8-foot wide parkway is approximately 740'in length on the revised plat requiring at least 21 trees (I per every 35 linear feet). The submitted landscape plan does not show compliance with this requirement because it is shown with less than 21 trees. In addition, the plat Page 8 has been revised since the original application submittal and the submitted landscape plans have not been revised to match the new road layout. Regardless, the Applicant should revise the landscape plans prior to the City Council hearing to ensure they match the revised preliminary plat and show compliance with the landscaping requirements. In addition, common open space is required to be landscaped with one(1) tree for every 8,000 square feet of open space. The large open space area is shown as 32,709 square feet in the development table on the preliminary plat. However, Staff's area analysis shows a figure closer to 36,500 square feet. Based on Staffs calculation, the minimum number of trees that are required within the open space lot is five (5) trees. The submitted landscape plans show six (6) trees proposed exceeding the minimum UDC requirements. The landscape buffer along Meridian Road is required to be 35'wide and contain the required multi-use pathway within it. The submitted landscape plans show compliance with UDC requirements for the number of trees, tree spacing/grouping, and additional vegetative ground cover. However, the Applicant is only showing a 25'wide common lot on the preliminary plat for the required street buffer. Therefore, the Applicant should correct both the plat and the landscape plans to depict the required 35'wide buffer. The Applicant is also proposing a micro pathway from the western cul-de-sac to the multi-use pathway and does not appear to have the correct landscaping. UDC 11-3B-12 requires that trees be placed on both sides of the pathway; the Applicant has only proposed trees on the south side of the pathway. Staff is not aware of any easements encumbering the north side of the pathway and the landscape strip appears to be the minimum 5-foot width. Therefore, the Applicant should move one of the trees to the other side of the micro path; Staff recommends the center tree of the three currently shown on the south side of this pathway. Although there is no code requirement for this change, Staff also recommends removing the shrub bed located in the center of the large open space lot. By removing this planter bed and the shrubs there would be an un obstructed area in the center of the open space lot that is at least 9,000 square feet in size; it is rare for a subdivision to provide an area this large for children to play in without obstruction. If the Applicant desires to still include the same number of shrubs as currently shown, they could disperse them to the planter beds shown further to the west and east on the landscape plan. L. Qualified Open Space and Amenities (UDC 11-3G): The subject site is 5.63 acres in size with a plat over 5.25 acres in size requiring at least one(1) amenity and 0.536 acres of qualified open space per UDC 11-3G-3. The Applicant is continuing a segment of multi-use pathway along the Meridian Road frontage which qualifies as the required amenity. Because this plat would be an extension of the already approved Prevail Subdivision,the Applicant has indicated these future residents will be able to use the other amenities and open space in Prevail. The closest amenity to this phase is an open space lot with a playground that is located due south from the Keyport Avenue extension and has a micro path in direct alignment with that amenity lot. Should Commission/Council find that this distance is too great for the future residents of Prevail North to walk to utilize the playground, Staff recommends they require an additional amenity with the large open space lot proposed on this subject site. To help ensure the amenities and open spaces are shared, Staff is including a DA provision that all of the common areas be owned and maintained by the same homeowner's association. As discussed previously,the Applicant is proposing open space in excess of the code required 0.536 acres. Overall,the Applicant is proposing the large open space lot along the north property boundary, a micro-path lot, and the landscape buffer to Meridian Road as qualifying open space—cumulatively these areas amount to 49,878 square feet,or 1.15 acres, approximately 22% Page 9 Item#10. of the 5.25 plat area. However,not all of this area is qualifying after receiving the revised landscape plan that fences off a section of the open space lot that is impeded by the irri ag tion easement for the rerouted Carlson Lateral. After removing this area,the area of qualified open space is 32,120 square feet(0.74 acres) or 14%of the plat area. The proposed qualified open space still exceeds the minimum code requirements by approximately 10,000 square feet. Furthermore,this calculation uses the 25' landscape buffer width along Meridian Road instead of the required 35' width. Therefore,the actual amount of qualified open space should be slightly larger. the eeffeet ametiat of qualified open spaee. Staff utilized the let sLaes shewn on the plat to obtain the above ealeulations eaerequir-enients. Stapports the proposed and revised open space exhibit and believes it offers adequate area for recreation and relaxation. M. Fencing(UDC 11-3A-6, I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed. Should any fencing locations need to be revised to accommodate any irrigation easement requirements, the Applicant should notify Staff and submit revised drawings at the applicable future application submittals (i.e. final plat and/or final plat signature). N. Waterways(UDC 11-3A-6): The subject site contains a large section of the Carlson Lateral, an irrigation lateral maintained by Boise Project Board of Control(BPBC). The Applicant is proposing to both reroute and pipe this lateral consistent with the desires of the City Engineer for the purpose of benefiting both this Applicant and the City owned property bordering the subject site on the north boundary.Upon further discussions with BPBC and in coordination with Public Works,the Applicant is proposing to pipe the entire segment of the lateral on both properties from Meridian Road east to nearly the east property boundary, as shown on the submitted preliminary plat in Exhibit VII.B. Piping this lateral will allow for more buildable area of the subject site, fix some of the topography issues for the City owned property, and allow for easier maintenance by BPBC. Staff supports the piping of this irrigation lateral and the proposed plan complies with UDC 11-3A-6. O. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. The Applicant is showing a pressurized irrigation system on the landscape plans commensurate with code requirements. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted with the Final Plat application. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on May 20, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. Page 10 Page 168 Item#10. 1. Summary of Commission public hearing_ a. In favor: Matt Schultz,Applicant b. In opposition: None C. Commenting: Matt Schultz 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. None 3. Key issue(s)of discussion by Commission: a. Purpose of rerouting and piping Carlson Lateral and how does its placement affect any future road extensions on adjacent properties; 4. Commission change(s)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 June 22, 2021. At the public hearing_._ the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Matthew Schultz, Schultz Development b. In opposition:None c. Commenting: Matthew Schultz d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Warren Stewart, City Engineer 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Necessity of a stub street out of the west cul-de-sac to the City owned property to the north: b. Access into the development for future residents and/or city vehicles should an access be maintained to the City property to the north C. Repercussions of waiving the requirement to provide a stub street to the north property boundary: 4. City Council change(s)to Commission recommendation: a. Council approved a Council Waiver to remove the stub street to the north out of the west cul-de-sac. Page 11 Page 169 Item#10. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps EXHIBIT DESCRIPTION FOR PREVAIL NORTH SUBDIVISION CITY OF MERIDIAN ANNEXATION AND REZONE A portion of Government Lot 1 of Section 31,T.31N., R.1 E., B.M., Meridian,Ada County, Idaho more particularly described as follows: Commencing at the NW corner of said Section 31 from which the W114 corner of said Section 31 bears South 00°37'56"West, 2641.54 feet; thence along the West boundary line of said Section 31 South 00°37'56"West, 1,113.77 feet to the REAL POINT OF BEGINNING; thence leaving said West boundary line North 89°39'29"East, 1,184.97 feet to a point on the East boundary line of said Government Lot 1; thence along the East boundary line of said Government Lot 1 South 00°20'43"West, 206.98 feet to the SE corner of said Government Lot 1; thence along the South boundary line of said Government Lot 1 South 89°39'29"West, 1,186.01 feet to the SW corner of said Government Lot 1; thence along the West boundary line of said Section 31 North 00°37'56"East,207.00 feet to the REAL POINT OF BEGINNING. Containing 5.63 acres, more or less. T � F t9� RyG-C Page 1 of 1 Page 12 Page 170 Item#10. S25,L S30 E. AMITY ROAD S36 S31 I I^ I a` Ki UNPLATTED RPOB N89'39'29"E 1184.97' _ F- -- -- 'Do 0 °' Q � IQ ZONE R-8 N a 03 co 245355 s f. UNPLATTED 0 L, 3 w 0 I 5.fi3 a.c. o w � ^ In Ont0n I d I O S89'39'29"W 1186.01' III UNPLATTED I^. 0 LEI M I 1/4 — S3fi S31 A ¢ ENSFQ sG�o N 4 SCALE: 1`100' a 7729 o 25 50 i oo zooyO o�0�� �Y 5 w No NOR1W anrm rere nAr 3 9 1011 12:]—S All IDAHO EXHIBIT DRAWING FOR 21-025 N0' SURVEY 9955W EMERALDST. PREVAIL NORTH SUBDIVISION $HEFT NO. (2W)8IDA"°1„'°" CITY OF MERIDIAN ANNEXATION AND RE—ZONE 1 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31.T3N_RAE.,B.M., DWG.DATE MERIDIAN,ADA COUNTY,IDAHO 3/19/2021 Page 13 Page 171 Item#10. n89°39'29"e 1154.97 a 3 �v N O N O O C 1186.01 s89"39'29"w s sFa G�G� 7729 'p 3hlOF Z��o Y G.CP�@ Prevail North Sub. Annexation Closure Sheet 3/19/2021 Scale: 1 inch=200 feet File: Tract 1:5.6326 Acres(245353 Sq.Feet),Closure:s33.0139e 0.01 ft.(11471643),Perimeter=2785 ft. 01 n89.39299 1184.97 02 s0c.2043w 206.98 03 s89.3929w 1186.01 04 n00.3756e 207 Page 14 Page 172 Item#10. B. Preliminary Plat(dated: 5/7/2021) m F,FI IM INAH-H AI tiHDWINC; R j PREVAIL NORTH SUBDIVISION L0.;AT-U N GOVERNMENT-OT 2 OF SECTION -1, - r 1.JN R.'-_., d.M,. VL'RIUTAN, AUA CU kI HAHO Ell 2E 21 z -VIGINiTY MAP- LN —- — i� 1 - T Irrr,..� - r ICV IfTA ..,,❑' 11 RG; 11L \ I I 1 IT N 1 FL ---------------- - C� I ' , Ili B -I —� — .•, ._._ i G O 7 C• C C €9 C C I; PREVAIL SUB PHASE 2 a m ixm,i i , 1 PRELIMINARY MEVELOPMENi FE4TLtRES - n1 ru.r �...ru....". ae.Rwmv�R `wort m,Nmnm air rur :.o win r.mv ar,m.w snm u.m..w.om amn rau.. \� 2 Page 15 Page 173 Item#10. ___ �� � ���ozos s o j� � r. � - �- w k (N G i ` ` O O g : I! 11 Cal, Page 16 EEI C. Landscape Plans(date: 4�5/17/2021)NOT APPROVED ...... Wd AHVNmnqHd NVId MOM= ZASQ OHVOI WOMAR CIVOU NVIGIUIA S 0919 HiUON IIVA]Ud 2 j B OR �911 I � y���Q � � � � g al _ LI_5 = 01 J sP IT; LL W� vs Him,1 M 1 11 1 0 no!Amu, NO KMO:NNN E 110R121 6 Ee 11 PHU a Hj I "ja ar HOW 1 1 1 oil slow N Uhm, OHM 1!yl f 11 'I'L WORK q�WH...Mq Lu MM, '"'Ohnn 101 1 Moo i LOW I RUM Mimi MR w! 1 pun i gum" Lj��, IT. Illy Page 17 EEI Item#10. V�d AUVNIV nj STvi](] zIdVOSONVI ZV9N 0HV01 'NVIUN3N W116bod0d OVOU NON MOW3 A3Hd VY 6 090 HIH TV lip 1 RON I HN I w Him 119 I Aso F, 1 lip 4 0 IN Q cola 01 g, "nil " who Qj 1 win e.,vs cart z milli! [ , 14 o 1 10 1 i 2 1 h 1 1 ID 25'4, nag m 2 cz) lip 91 0, ( M Rolls 11111 ED01 ITT! 0 A 11 WIN go gIN I was pug g M z 0 quill ISBN r I w a smalm 101 to, OHIO HI Ran ion fUd" NUIS, ;IN Inj Mph MN imm 1 H up IN= no US I jMn P5� �T'q� H! HE �H U S HM 1 1, W 1 04UHN HIT 01H TH A Room, 04 Ci VqBHH qH 01 ply nj 1 IS 1 H Magi 11 P,PW6 �Vw Hal HE ❑ "NMI M still, 1 Sm, Hid jN01 I P E) Page 18 EEI Item#10. D. Color Landscape Plan—Prevail Subdivision Overall EERATORC- T.. � 'B`ER�0.T�OR LR NrE Y i3 + o 29 28 39 2] ,] to ]0 3t • ,, 32 2ti ? IB 22 23 I _ lb l9 0 21 22 23 34 , 2 9 I I I'Ali E CALCIERA ST. � \\ - F- 1 T 0 ,2 7 as —`�I y nti� la 4 t5 16 ^V 7e 19 10 2 t 30 — ^ II I I 5 II114 --L_ J E-ARIMO ST z 12 s o I I I 5 1 ¢ 3 0 --� Em' TRANTVN$T I I I � I Z 4 w I H Z 1 2 ] z r I rl ] h Z 5 .Irrcs 6 [x 2 s — ECL,SICKST. - 5 -- I I I I I I I I"I 3 I II II I I I I I I L6. „ III II Nh<lyL, 14 I r• I 16 �I I NI��fJtNl plcN'x � IN.IFLL htHhi ve'E.RUA�TZ CPEENSTfiEET — � PREVAIL SUBDIVISION MERIDIAN, IDAHO 83642 S. MERIDIAN ROAD Page 19 Page 177 Item#10. E. Open Space Exhibit NOT APPROVED dated: 5/17/2021 CITY OF MERIDIAN OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE OPEN SWAGE REOLIREMENf•101M REl�nREO PRO^/��Ev OP nE AREA OF TM SITE. ���'� 52120(DOY�i AG) LANDSCAPE LEGEND a^LIPIEb OPEN 5PAGE - - - AREA-2.429 SO FT. — — — — — AREA=27.104SQ.FT. o w E.LIBERATOR CT. E LIBERATOR LANE N� m Cd NOT TO SCALE 5/1 712 02 1 PREVAIL NORTH PHASE 3 21028 wea�m MERIDIAN, IDAHO OPEN SPACE EXHIBIT X1.0 Pk�one2®•3f6�163 — � ! 6661 M'r[M1 r3lmwootl Street G°Men❑ry,ltl�o83]19 Page 20 Page 178 Item#10. F. Concept Plan—Brighton Parcel(S 1131244500) I I I I I I � I I � I , I Area of concern/discussion between two projects. j I I � -- -----' / J� I � I ' � II \ I I �y r I n c m 0 C v E LAKE HAZEL ED. Page 21 Page 179 G. Conceptual Building Elevations Sample Elevations 3� ■ i ,� ��, Sample Elevations C�C � �� f -� �� 1 rill � �.� � •� i 1 Page 23 Item#10. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat,landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein, including a Council Waiver to remove the stub street to the north property boundary. b. The rear and/or sides of 2-story structures that face S. Meridian Rd., an entryway corridor, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. c. All amenities and common open space within Prevail Subdivision(aka Percy Subdivision) and Prevail North Subdivision shall be owned and maintained by the same homeowner's association to ensure shared use in perpetuity. 2. The preliminary plat included in Section VII.B, dated May 7,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Revise the plat to show the landscape buffer common lot along Meridian Road to be at least 35 feet wide consistent with the required dimensional standards along an entryway corridor or apply for Alternative Compliance,per UDC 11-5B-5. b. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 is prohibited. c. Revise the plat to remove the stub street from the west cul-de-sac to the north property boundary,per the approved City Council waiver. 3. Revise the landseape plans, open s-paee exhibit, a*d all other-r-elevant plans to fefleet the revised pfeliminary plat layout and pr-evide revised plans to staff at least fifteen (15) days prior-to the City Couneil hearing. 4. The landscape plan included in Section VII.C, dated Mar-eh May 17, 2021, shall be revised as follows prior to submitting for Final Plat approval: a. Revise the plan to show the required landscape buffer along Meridian Road to be 35' instead of 25' or apply for Alternative Compliance,per UDC 11-5B-5. b. Move efie of the tfees lee-ated an the south side of the mi^r�n neAhwest eemer of the site to the nefth side of the pathway eensistent with UDC 11 3B-12. Page 24 Page 182 Item#10. e. Remove the center-planter-bed withinYthe l'afge-open space lot, shown as Lot l�zc d. Plant the proposed 9 foot wide pffk-way along the nofth side of Liberator-Street With at least one (1)tr-ee per-3 5 lineaf feet eonsistetA with UDG 11 3B e. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC 11-313-7C.5. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. 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. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Meridian Road to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Services must tie into sewer mains at a 90-degree angle from the main. Lot 33,Block 1 either needs to be modified to a 90-degree angle into the main, or should be connected to SSMH 2. 1.2 Install water main in S Keyport Ave to connect to the existing water stub from Prevail Subdivision No. 2. 1.3 Contact Public Works Engineering to discuss the water stub to the City of Meridian property to the North. 1.4 A streetlight plan is required to be submitted with the Final Plat application. 1.5 A future streetlight installation agreement is required for the streetlights on Meridian Road. Page 25 Page 183 Item#10. 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 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. 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. Page 26 Page 184 Item#10. 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.meridianciU.oMIpublic_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 27 Page 185 Item#10. 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 https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=226061&dbid=0&repo=MeridianC ia D. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=226128&dbid=0&repo=MeridianC hty E. PARKS DEPARTMENT—PATHWAYS https://weblink.meridiancity.or g/WebLink/Doc View.aspx?id=22 75 71&dbid=0&repo=MeridianC hty F. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/DocView.aspx?id=226096&dbid=0&repo=MeridianC hty G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https://weblink.meridiancity.orP/WebLink/Doc View.aspx?id=226020&dbid=0&repo=MeridianC iu H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancitE.org/WebLink/DocView.aspx?id=226474&dbid=0&repo=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancitE.orglWebLink/DocView.aspx?id=228248&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 annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. Page 28 Page 186 Item#10. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Page 29 Page 187 Item#10. Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 30 Page 188 Item#11. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Viper Investments, LLC; Open Door Rentals, LLC; Corey Barton; Endurance Holdings, LLC; Schweiger, Gary R. and Schweiger, Judith L. Trust; and Johnson, Casey J.L. (Owners); and Challenger Development, Inc. (Developer) for Foxcroft (H-2020-0113), Located Directly West of Ten Mile Rd., on Both Sides of the Proposed Pine Ave. Extension and East of the Tenmile Creek Page 189 ADA COUNTY RECORDER Phil McGrane 2021-126693 BOISE IDAHO Pgs=78 ANGIE STEELE 08/26/2021 09:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: l. City of Meridian 2. Viper Investments, LLC, Owner 3. Open Door Rentals,LLC, Owner 4. Corey Barton, Owner 5. Endurance Holdings,LLC,Owner 6.. Schweiger Gary R&Schweiger Judith L Trust, Owner 7. Johnson Casey J L, Owner 8. Challenger Development,Inc.,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 24th day of August , 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 Viper Investments, LLC, whose address is 1977 E. Overland Road, Meridian,ID 83642;Open Door Rentals,LLC,whose address is 1977 E.Overland Road,Meridian, ID 83642; Corey Barton, whose address is 1977 E. Overland Road, Meridian, ID 83642; Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, ID 83642; Schweiger Gary R and Schweiger Judith L Trust, whose address is 3515 W. Pine Avenue, Meridian,ID 83642;and Johnson Casey J L,whose address is 284 N. Sierra View Way,Eagle,ID 83616,hereinafter called OWNERS and Challenger Development,Inc.,whose address is, 1977 E. Overland Road,Meridian, ID 83642, DEVELOPER. 1. CITALS: 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§67-651 lA 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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and DEVELOPMENT AGREEMENT—FOXCROFT(H-2020-0113) PAGE 1 OF 11 1.4 WHEREAS,Owners/Developer has submitted an application for annexation and zoning of 24.567 acres of land with the R-8 zone; a Preliminary Plat consisting of 84 building lots and 31 common lots on 35.7 acres land on the property listed in the attached Exhibit "A", 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 Annexation and Zoning 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 8th day of June, 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,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 1.9 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 DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 2 OF 11 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 Viper Investments,LLC,whose address is 1977 E. Overland Road, Meridian, ID 83642; Open Door Rentals, LLC, whose address is 1977 E.Overland Road,Meridian,ID 83642;Corey Barton, whose address is 1977 E. Overland Road,Meridian, ID 83642; Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, ID 83642;Schweiger Gary R and Schweiger Judith L Trust,whose address is 3515 W. Pine Avenue,Meridian,ID 83642; and Johnson Casey J L,whose address is 284 N. Sierra View Way, Eagle, ID 83616, the parties that are developing said Property and shall include any subsequent owners(s) of the Property. 3.3 DEVELOPER: means and refers to Challenger Development,Inc.,whose address is 1977 E. Overland Road, 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: a. Future development of this site shall be generally consistent with the approved plat, site plan, landscape plan, open space exhibit, conceptual building elevations, pathway and pedestrian circulation exhibit, and the proposed phasing plan included in Section VII and the provisions contained in the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B". b. The 10-foot multi-use pathway segments surrounding the development and the required pedestrian bridge to Fuller Park shall be constructed with each phase of the development as seen on the phasing plan. DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 3 OF 11 C. With the first phase of the development, the Developer shall construct the extension of W. Pine Avenue, the vehicle bridge over Ten Mile Creek, all other ACHD requirements in line with the signed "Dedication and Development Agreement"as seen in exhibit VIII.I and the ACHD conditions of approval contained in the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B". d. No building permits shall be submitted until the final plan 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. f. With future sale of single-family homes on Lots 20-32, NW Block 1, the Developer shall include the multi-family site plan and renderings in the sales and advertising information for those homes. 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, 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. DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 4 OF 11 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. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the 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. 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: DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 5 OF 1 I 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 OWNERS: DEVELOPER: Viper Investments,LLC Challenger Development,Inc. 1977 E. Overland Road 1977 E. Overland Road Meridian,ID 83642 Meridian,ID 83642 Open Door Rentals,LLC 1977 E. Overland Road Meridian, ID 83642 Corey Barton 1977 E. Overland Road Meridian,ID 83642 Endurance Holdings,LLC 1977 E. Overland Road Meridian,ID 83642 Schweiger Gary R and Schweiger Judith L Trust 3515 W. Pine Avenue Meridian,ID 83642 Johnson Casey J L 284 N. Sierra View Way Eagle, ID 83616 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, DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 6 OF 11 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 Properly, 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. 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 Owners/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] DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 7 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Viper Investments,LLC Challenger Development, c. By: Corey Barto By: Corey Ba on Its: Its: Open Door Rentals, LLC By: Corey Barto Its Corey Barton Endurance Holdings,LLC .0 By: Corey Barton Its Schweiger Gary R. & Schweiger Judith L Trust Q Its Johnson Casey J L,LLC By: as son Its DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 8 OF 11 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-24-2021 Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO ) ss: County of ADA ) On this,.)3 day of JU-C, , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the JL4 f4AQ:eL of Viper Investments,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHERF` OI1A�L��1Qt��n to set my hand and affixed my official seal the day and year in this certificate first above written`\\\�•°oOP Y p4�FS' Z/" / -� Notary Public for kp z MY COMMISSION •° — Residing at: EXPIRES 6 5 2022 _ My Commissio Exp>~res: STATE OF IDAHO ���itii l�T�OF IDP;`�° County of ADA On thisd3 day of Lcv\¢. , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the tVte ' loe/ of Open Door Rentals,LLC, and the person who signed above an, ftpiwledged to me that he executed the same on behalf of said entity. IN WITNESS WHEW , u� to set my hand and affixed my official seal the day and year in this certificate first above written\\� P0IV �:.... s MY COMMISSION Notary Public for EXPIRES 6-5.2022 Residing at: A)a , � • My Commission Expires: b Z S m s�', A-9 �O-h'� 2iy�•TF OF V0 •000°eve STATE OF IDAHO s8/ON NUMgE��\°°° ss: �11l1I111111W\\�� County of ADA ) On this-: )day of JLt^e- , 2021,before me, the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I1�jYfihf ff nto set my hand and affixed my official seal the day and year in this certificate first above written. KO( �(!l��,rr SNN"! I'gtl°wN•s hHwy Feu q Notary Public for C.110 W COMMISSION : Residing at: EXPIRES 6-5-2022 — My Commission Expir s: b-as"dc� DEVELOPMENT AGREEMENT✓Fe-^FT(H-202,()Ql!k3)\ PAGE 9 OF 11 ,itj°°TF OF 1Q�`.• poi\ems` /`;/�/I1111 1M�0�\\°°°\ Item#11. STATE OF IDAHO ) ss: County of ADA ) On this day of JL) e— , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the 0Ader of Endurance Holdings,LLC, and the person who signed above andg wledged to me that he executed the same on behalf of said entity. IN WITNESS WHEI % to set my hand and affixed my official seal the day and year in this certificate first above writt eP•.....«�� �, /r��o '• .F`pf RAY '( r� L Notary Public for e~k.D MY COMMISSION Residing at:. EXPIRES 6�S•20�2 e "` « - • My Commission Expires: b'65`�• « q+ or 0 « e..Darya STATE OF IDAHO ss: !�///1111111111\\\a\ County of ADA ) r On this 7 day of i/ , 2021,before me, the undersigned, a Notary Public in and for said State,personally appeared C ,"L 5 i-h we;i mown or identified tome to be the 6-",i ter z--1- of Schweiger Gar R&Schweiger Judith L Trust,and the person who signed above and acknowledged to me that he executed the same on behalf of said trust. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���i FRED DEp po p,O/�i� JD i P�Y/'(/���.•• y Notary Public for A Residing at: XNIi ) - g MY COMMISSION = My Commission Expires: EXPIRES 12-18-2023 n ..J, ���O • 9T O,.' STATE OF IDAHO ) i�2'�iss FOF IDP;l:•0.'�1�����` /Y/ ss: �j11NU 11111g \\\\\ County of ADA ) On this day of 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Casey Jc hns known or identified to me to be the 6yrWj( of Johnson Casey J L and the person who signed above and acknowledged to me that he 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. H ' '., Notary Public for •�a••�•••.••C��NO' Residing at: 2p/••• �� 9j�• My Commission Expi es: 140TAR • was Y�: V0 4*08 LIC�h: i0low-1141*00 '•�NI 0 DEVELOPMENT AGREEMENT—FOXCROFT(H-2020-0113) PAGE 10 OF 11 Page 199 1. STATE OF IDAHO ) ss: County of ADA ) On this a3day of aU✓i L , 2021,before me, the undersign d, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the K S Pi'1 of Challenger Development, Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHE affixed I have hereunto set my hand and axed my official seal the day and year in this certificate first above �' 19ilr/// gy Notary Public for COMMISIQN = Residing at: EXPIRES 6-5.2022 My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this24th day of August 2021,before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 11 OF 11 EXHIBIT A Annexation and Zoning Legal Descriptions and Exhibit Maps Description for R-8 ZONE Foxcroft Subdivision November 19,2020 A parce[of land located in the Southwest 1/4 of the Northeast 1/4 and the North 1/2 of the Southeast 114 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 114 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°0728"West,415.20 feet; thence South 42°52'02"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 43'5749"West, 144.27 feet; thence North 88052'12"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 162t8,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 39143'48"West,89.05 feet; North 39`2D'28"West, 100.02 feet; North 25'23'24"West, 125.16 feet; North 19'21'27"West,94.89feet; Page 1 of 239 Foxcroft Subdivision H-2020-0113 North 22144'42"West,83.44 feet; North 17125'33"West. 128.22 feet to the East-West centerline of said Section 10; thence on said centerline,South 89'36'02"East,39.48 feet to the Easterly boundary line of Ton 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)course$and distances: North 1712731"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 56e48`03`West, 118.30 feet to the North boundary line of the Southeast 114 of the Southwest 1/4 of the Northeast 114 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 114 of the Northeast 1/4 of said Section 10; thence South 00003'48"West,663.57 fool to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 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. /&z. OF Page 2 of 2 Jv 150 600 0 300 SCALE: 1" = 300' .]L C-S-NE 1/64 SB9'37'19'E 765.14' S.10 �4 1 r� k- 1� MOSHERS C-1 to _ FARM SUB 0ca b i 1j BASIS OF BEARING `°• N89'36'Q2'W 2655.68'................. _SB '36'02_"9E 1/4. C 1/4 --- 0-E 1 f16 088.34' _ N89'36'02'W 939.50' --- SAG N17'25'33'"W 1 S89'36'02"E S.10 \\\ �`� 39.48' 1 REAL POINT 5.10 5.11 198.22' b,� OF BEGINNING � N22.44'42"W R-8 ZONE ' �N I z 83.44' ±24.567 ACRES - o N19'21'27"W �y z 94.89' N25"23'24"W I 125.16' N88'52'12"W o>�cO N39'20'28"W 50.71' S 100,02' *% 0 S45.2 5'50"E 1.76' `*9� I N43'57'49'W ' I 144.27' �atip�AL R E N _ --N88'51'42"W 703.34' 5 1CSF G� —, �—� ^—---—--�- ---- I ' G OR-EON SHORT LINE RAILROAD 11779 n,n�9ro 06 TF Of \lD per' LINE TABLE kM MCC A '� LINE BEARING LENGTH L1 N33'15'25"W 241.17 CURVE TABLE L2 N48'32'21"W 101.97 CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD DIST, L3 N39'43'48"W 89.05 Cl 12C.85 176,00 39'20'32" N37-07.47"W 118.49 L4 N56'48'03"W 118.30 IDAHO EXHIBIT DRAWING FOR SURVEY CITY OF MERIDIAN R-8 ZONE Ell"Ag/2.020 maJa&4570 ° FOXCROFT SUBDIVISION GROUP, LLC LOCATED IN THE sw 1/+of THE NE 114 Alin THE N 1/2 OF THE SE 1/4 OF SECHIN 1O,T.3N.,RAW.,B.N.,ADA COUNTY,ICAHO Description for R-15 Zone Ten Pine Park Subdivision October 27,2020 A parcel of land located in the Southeast 114 of the Northeast 114 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 comer of said Section 10 from which the Center 114 comer of said Section 10 bears,North 89°36'02"West,2655.68 feet; thence on the East-West centarline of said Section 10,North 89'36'02"West, 1327.64 feet to the Southeast corner of the Southeast 114 of the Southwest 1/4 of the Northeast 114 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 89134'58" East,23.00 feet; South 66139'02"East,357.40 feet; South 67°30'53"East,357.19 feet; South 66101'35"East,448.1Of oat; South 50°l3'59"East,22.66 feet; thence leaving said centerline, North 89059'52"East,48.00 feet 10 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. s , i,t',•�:t.:`:;°, Page 1 of 1 ;; _` Jv 350 600 0 300 SCALE: 1" = 300' 58532'14"L 2 L 126.24' It $65'24'02"E - -- --- 49.70' 4 MOSHERS N8934'58"E 3aS3. FARM SUB 23.00' 3gj7 ICA R-15 ZONE �� FLd Mo I ;�12.942 ACRES 1 S50113'59"E L1 zl 1 22.66' REAL POINT ^' --- --�-- _ OF BEGINNING 1/4 C 1/4' N89'36'02'W 1 227.84' S.'O T- 5.10 5.11 .........N89'36`02"W 2655.68.............. z BASIS OF BEARING i 1z i i it OREON SHORT ,LINE RAILROAD CN CE Ns 04 o LINE TABLE 11jj779 A LINE BEARING LENGTH L1 N89'59'S2"E 48.00 0 Oyu MCG��'� L2 50'00'08'E 158,64 - a_ .l n F',•.P w -ii . �, ii/�il.5�i A->.: ,108 N0. 1DAHO EXHIBIT DRAWING FOR SURVEY CITY OF MERIDIAN R-15 ZONE SHEET NC. ma ea.e°"sroe90' TEN PINE PARK SUBDIVISION 1 GROUP LLC LOCATED A THE SE i/1 o THE NE 1/4 OF SECTION 10, DW-DATE 1 L-%.,H.1 W.,9.hE..AOA COUNTY.10AHO 10/27=0 ses°ar 4•e � 5 ~U26 ss?, �S3 B •7 m � s �a7�s e s is K �c a� m 1527.94 n89 w 10127/2020 Scale: 1 inch= 171 feet File:Ten Pine Park Sub R-15 Zone.ndp Tract 1:12.9416 Acres,Cbsurm s62.A340e O.D1 fl.[11e8G231�.Perimeter-3573 ft 01 n89'3802w 1327.64 10 n89.5952e 48 02 r00 0348e 654.55 11 sOO.DOCBe 158.64 C3 885.32149 126.24 04 s65.2402e 49.7 C5 n89.3458e 23 06 s86,3902e 357.4 07 s67.3053e 357.19 OB se&O135e 448.1 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW N4 ENty AND DECISION& ORDER C-11 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). 11-2020-0113 For the City Council Hearing Dates of. 41612021.5/111/2021,and 5/26/2021 (Findings on June 8, 2021) A. Findings of Fact i. Hearing Facts(see attached Staff Report for the hearing dates of 41612021, 5/11/2021,and 512&2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing dates of 4161202 I, 511 1/2021. and 5/26/2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing dates of 41612021, 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 41612021, 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 PIanning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C, §67-6503). ?. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I 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 1-5A. 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#1`1-2020-0)13y - I - 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 41612021,5/11/2021,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 41612021, 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 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(Foxcroft Subdivision—FILE#H-2020-0113) -2- Upon written request and filed by the applicant prior to the termination of the period in accord with i 1-5B-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 4/612021, 5/11/2021,and 5/26/2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -3 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 EXHIBIT A STAFF REPORT E II3IA�4,- C> COMMUNITY DEVELOPMENT DEPARTMENT "a H HEARING 41612421, 5/11/-2021-and 5/26/2421 Legend �- DATE: Project Location TO: Mayor&City Council -FROM: Joe Dodson, Associate Planner SUBJECT: H-2020-01 l3 d —it Rr Foxcroft Subdivision LOCATION: The site is located directly west of Ten Mile Road,on both sides of the proposed f r k Pine Avenue extension, and east of the Tenmile Creek,in the E '/2 of Section 10, Township 3N.,Range 1 W. - i, 1. 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 multifamily 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;:�6 75 single- family lots;and 31 common lot. Phasing Plan(#of phases) Proposed as three(3)phases Number of Residential Units(type 291-total units—7-6 75 single family;216 apartment units of units) Density(gross&net) Gross(overall)—8.17 dulac.; Net—18.3 du/ac. Gross per area: NW Block—3.35 dulac.;SW Block— 3.28 dulac.;NE Block(apartments)—16.95 du/ac. Page I Item#11. Description details I':Ege Open Space(acres,total 6.88 acres of qualified open space OVERALL [9fa]Ibufferlqualitied) (approximately 19.2%)-5.31 acres for I I-3G requirements(approximately 15%); 1.57 acres(69,123 square feet)proposed for 114-3-27(Multi-Family) standards. 18,360 square feet of private open space is proposed [approximately 85 square feet per unify 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;CLIP-05-047.CLIP and plat have lone 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(yes/no) Access(Arterial/Collectors/State Access is proposed via connections to the extension of W. Hwy/Local)(Existing and fine 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"(I A74/1.544 VPH) Pine Avenue(existing section only)-Better than"D (182/425 VPH) Stub Street/InterconnectivitylCross 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 einergency only access near the southeast corner of the site for the benefit of this projeet and the adjacent project. Existing Road Network No(Pine Avenue exists on the west side of the Tenmilc Creek) Existing Arterial Sidewalks 1 Existing sidewalk along Ten Mile but no buffer. Buffers Proposed Road Improvements The Applicant, in conjunction with the Applicant ofthe 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 212 Item#11. Description Details Page 1 A50 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 fanned pathway and sidewalk connections. Fire Service • Distance to Fire Station Approx. 1 mile from Fire Station 02 ■ 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 121112019- 1 1/30/2020,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 11 1. See attached documents for details. Between 121112019- 11/30/2020,the Meridian Police Department responded to 35 crashes within a mile of the ro osed dev elop ment. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) 0.1 miles to Chaparral Elementary 2A 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 FRU's • W RRF Declining Balance 14.02 • Project Consistent with WW Yes Master Plan/Facility Plan • ImpactslConcems •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 213 Item#11. 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 Usrough 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 Non e 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-throw" 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 inulfi-family area that may have an opportunity to be eliminated. See Exhibit Section V I I(I.l Water Markup for Areas of Possible Water Main Elimination. COMPASS—Cornmunitics in Motion 2040 2,0 Review Housing wlin 1 mile 3,801 ]ohs wlin 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 E 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. Page 4 Page 214 Item#11. C. Project Area Maps Future Land Use Map Aerial Map 11,1 ��! rn W Legend Legend 'roject LocatiorProjeat Location 7m Density '� - Dffie � Residential '1' -t r AU-C WU Med-High High LU - Density Density Residential Cvmmerelal Residential.-� MU-Corn = Loning.iap Planned Development Nlap� Legend C-G i 0 Legend 0 '.Toject Location aProject Location l L C-N L•fl LL-O _+ R-4 L-0._, ubz ;-� City Limits B �. . R-8" + —Planned Parcels R-8 -- R-S Ci R-8 -: r R-15 �' R-15 r` C-C R-8 - - ------- -- [ - -- M-E �C�G ------- RUT R-15 RUT 1-L 1 R-15 R1 L-O C-N ; R-•15 C-C i; ' C-C R-8 R 4D RUT C-G R-15 R-8M.0 R 40 III. APPLICANT INFORMATION A. Applicant: Same as Representative B. Owner: Viper Investments(main ownership group)— 1977 E. Overland Road, Meridian, ID 83642 C. Representative: Jane Suggs,Gem State Planning--9840 W. Overland Road, Ste. 120,Boise,ID 83709 Page 5 — Page 215 Item#11. IV. NOTICING Planning & Zoning City Council Posting Date Posting Date Newspaper Notification I/1512021 3/19/2021 Radius notification mailed to properties within 500 feet 1/12/2021 3/16/2021 Site Posting 2/312021 3/26/2021 Nextdoor posting 1/12/2021 3/17/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation (Imps•://tit,,Klii�.meridianciry.nl-klcoiwplail) 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 Iarger 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 Iarger 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 su6jectproject is located west of Ten Mile Road near the intersection of'Pine and Tern Mile and its western border is the Te►nmile Creek. The project has existing City of'Meridian zoning and developnnettt to the west and north of'the property consisting of'R-S zoning and detached single- _/amily Monies and R-4 zoning containing Fuller-Park and Chaparral Elementary. South of the .southern.section of•the project is the railroad easementfor the historic Oregon Short Line RR; south of the railroad tracks is a 15-acre self-storage facility°. Directly to the eastlsoutheast of this Project is a project that recently'received approval b- City Council far a mixed-use developnnent consisting of 135 multi fannily units and three contniercial pad.rites. 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. Tire nnajority 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 nzay,fit with both or only one o f 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 designations. Tine Applicant is proposinag detached and attached single-ft milt'residential and multi-fastsily° residential which are also reconrnsended uses within the MDR. Despite intetntional1j,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 pf the prgject to the east have worked together to allow cross-access - Page 6 Page 216 Item#11. between the projects located on the south side ofthe Pine Avenue ewtension 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 conies into play when discussing the,future land use designations. MDR allows projects with densities in the range q f 3-8 dulac and overall, this project is proposed with a gross density of 8.17 dulac which is rounded down to 8. The MU- C designation allows gross densities of'6-15 dulac but Stafjr;finds this range to be generaliv nonapplicable because the Applicant is largely nor proposing a mixed-use project; in short, it would not be appropriate to allow an overall higher density based in a future land Ilse designation that is othenvise 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 prelintinary plat. The single-family portion of the project is proposed with a gross densih just above 3 dulae with the apartments being proposed at a gross density q f•16.95 dulac. The.same difterence in the numbers is also revealed when looking at the number of units proposed within the requested zones;216 multifamily units on 12.7 acres versus 76 single-farrzilv units on approximately 23 acres.ff the Applicant was on1v 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-familvpor'tion 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 host the apartments transition to other development and the impact that the proposed number of'units will have on the transportation systeni in this area. To help in these regards Staff`is recommending the Applicant lose some apartment aunts in the form ref reducing some of the buildings to two-story structures instead of three. Specifically, Staff recommends that buildings on Lots 4, 5, 6, anti 9. NE Block. I (as shown on the submitted plat) within the multi-fancily portion of the site be no more than two.stories. This would Delp with the transition of'multi-story structures ahutting the backs of single family homes to the west and to the mirth (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 densit,cif the apartments to approximately 14.4 dulac which would fall within the allowed range of the MU C designation. Again, this designation is generally not being anatvzed 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, Stuff finds it appropriate for the higher density portion ofehe site to not exceed the allowed density ivithin the MU-C because it makes,for• a more cohesive densi4 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 67-6511 A.In order to ensure the site develops as proposed with this application, Sttiffrecommends a DA as a provision ofannexation with the provisions included in Section VIII,AI- The DA is required to be signed by theproperty owner(s)ldeveloper and returned to the City within 6 months oj'the Council granting the annexation for approval by On,Council and suhsequent recordation.A final plat will not be accepted until the DA is executed and theAZ ordinance is approved by City Council. Page 7 Page 217 Item#11. The,�pplieanf�y submitiedAnnexation and Zoning exhibit does net appear to maieh the par the Qq GIS de r,m w shows this Me ern ht. i _� .F-2 � �l•3:u� -gal r 51�1�3I�51�J Y As seen by this blue 1 4he fed line of-the submi4ed AnfiexfAien afid Zoning Boundary missed this small area. The aims to minimize leaving small slivers of eewity land whenever possible. So, exhibits to .ne.lude this small sliver of laP B. Comprehensive Plan Policies(htos:lliiitii?ii,.tiieridiancitil.orglcompplan): 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"(3.07.01 A), 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, Staff finds 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"(3.02.01G),A11 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 218 Item#11. existing section of Pine Avenue,per-Public Works comments. The Applicant will he 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 rill 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 raged children in this development. Chaparral Elemenlar�il abuts the subject site direclly to the north and the Applicant is ertending the multi-usepathuya.v network to incorporate pedestrian connection to Chaparral. 5tafffinds that the e-ri.sting and planned development of the immediate area create conditions for adequate levels ofser-vice 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 min itnum requir-einents in the unijied development code(UDQ because of the preservation qf the Ten►alile Creek. This creek is one of the natural waterwa's spec;f ically,noted within the UDC that shoteld be left natural and unimproved in order to provide for conservation of historir water-watts. Other than the creek, the Applicant is proposing open space areas that exceed the minimum 5a'x 100'ditnensional standards that should allow for usable open space in all areas o_rthe proposed project. The Applicant is also proposing multi-arse pathways along the creek and adjacent to Chaparral Ele►nenla►y and Fuller Park which provides more usable open space and additional pedestrian connections in this area of the City,that is currently tacking 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 r ulli-arse pathwa'v network with this development adjacent to the Tennrile 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 oj'the multi-use palhwav 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 cvclists to travels safely from the east and west of the site to Fuller Park and Chaparral ElenzenlaI3� "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system."(6.01.01I ).As discussed above, the proposed development is constructing large segments of the regional pathwgv system which helps connect multiple areas of-the City+to Fuller Park and Chaparral Elenaentat)� In addition, there are proposed connections to the required detached sidewalks along the Pine Avenue extension. A11 of'the proposed pedestrian i►nprovernents would improve the access and safely,for pedestrians and cvclists in this area oj'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."(5.01.03B). Pine Avenue is a collector street east of Ten Mile Road and west af'the adjacent T'enrnile Creek beet the segment of Pine that bisects the property is only a flirt-mad,private access at this tune. With the development of'these parcels and the recently approved project to the southeast, Pine Avenue will be constructed cis 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 farads this development to be generally consistent with the Comprehensive Plan. Page 9 Page 219 Item#11. 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-fancily,and multi-family residential. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 1 1-2A-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 oast provide for a transition f•om Ten Rude Road to the existing detached single fannily subdivisions on the west side of Tenmile Creek despite not including the 16 acres abutting the development to the east(a drff}rent owner that has received approval for a multi_fancily development). Abutting the creek, the Applicant is showing traditional detached hotnes that_Ji•ont on a north-south local street that connects to Pine Avenue. East oj'this local street, and on the south.side of Pine, the site transitions to alley loaded homes that,f•oni on Pine. South of the alley loaded units are two of'the three existing horses that are to remain and then are proposed to take access_f-om the netii,local streets proposed within the development. These homes abut the developments eastern boundary along a long seg►nentbut are somewhat removed from the boundary by the existing yards. The Applicant has provided an exhibit shoring how this are of'the plat can redevelop in the future should those existing owners relocate or choose to redevelop. Staff finds it appropriate to incorporate this erhibit into the DevelopmenI Agreement because it shows a logical extension of the single-famili development within the project for fieture development. East of'the local street on the north side of'Pine the site transitions to single-lustily attached homes in form 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-stow structures which is a mgjor factor in Staffs recommendation to limit the centralli,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 boundan°abutting Chaparral Elementan,and an existing subdivision.As noted, Staff believes the three buildings adjacent to the existing subdivision should also be limited to two-store structures to offer a more appropriate transition regardless of the approximate 80-foot bzaf]er between the apartment buildings and the back of the single-faintli,lots. Staff inds the centrally located clubhouse and open space_for the multi-family Waits to depict good site design and,should ofjr adequate opportunity,for use by everyone within the multi-family development. - Page 10 Page 220 Item#11. 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: I1-4-3--17—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(1.0)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 on1j,visible from the private streets; all proposed tran.r1brnie►/utiliA,vaults.shall also comply with this requirement. 3. A minimum of eighty(90) 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 farm of private patios and decks far each unit., co►ninensurate 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 xvere not included in the comnzon open space calculatio►rs.fb►-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 cornply with this requirement. 5. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All ❑istricts",of this title. See a►ralvsis in staff report below. 7. Developments with twenty(20) units or more shall provide the following: - Page I 1 Page 221 Item#11. 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►neet these requirements. Where it is not clear on the submitted plans, the Applicant shall comply moth 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 tip 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 (I,200)square feet of living area. Nate: 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 anati shi for both open space requirements is in Section V.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 opera spine 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-frrinilr porno>p aal'the project is proposed to be developed in one(I)phase, However, all Pathways and required landscape buffers to Ten Mile Road and Pine avenue will be required to be constructed with the_frrst overall phrase 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(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff,retroactive to 2-4- 2009). The bgfter along W. Pine Avenue, a collector street, and the buffer along N. Ten Mile Road, do riot count tovvard the common opera space requirements for the nmltt.'_fanhilt, specifc use standards. However, those areas along the arterial and collector roadways do court towards the minimum 10%required open space for the residential development as a whole. D. Site Development Amenities: Page 12 Page 222 Item#11. 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: (l)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 train 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. 5-30-2005,eff. 9-15-2005) Based on 216 proposed units or the reduced amount of 184 units recommended by Staff,a ►ni►ri►►rum of four(4) amenities are required;however, the derision-making body is authorized to consider other amenities in addition to those provider[per the standards listed above in 2.d. It is not entirely clear what amenities are proposed only far the multi fa►►rily portion of'the development. Therefore, the following amenities are what are known by Staff to be proposed front 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 qualifjOig site amenities to meet the ►►rulti-fire►idy standards. Staff is not in full support that the proposed 5 amenities can adeguateJtr serve nearly 200 apartment units.At the Commission hearing, the Applicant should clarify Page 13 Page 223 Item#11. what other amenities are proposed fur the rrrulti family portion of the developtrte m to enmire 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. Tile 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 platy appears to meet these spec fic use standard landscape requirements and shall be further verified at the time of CZC submittal(see Exhibit i'H.D). 1~. 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 cornphv 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 pt.tsh 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 he constructed as a minor urhan local street which is a minimum of 24 feet wide with curb and gulter and no parking is allowed on either side_ Staff is recommending a condition nf'approval in litre 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 I I-5C-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 plal depicts this cul-de-sac to he 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 Reeds 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[his southern section of the site is satfficient.for 26 homes to take access front 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 Pare 14 Page 224 Item#11. 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 Anal}psis: The proposed project proposes more than Illy 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 erhibit UILK). Despite A CHD analyzing and discussing the TIS in their own report,Staff finds it necessary to highlight the ►vain 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 fur how the Pine Avenue extension will be constructed{.see Exhibit V111.0}, 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 witli this agreement. At a mininium,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 f•om 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 Kest boundary and construct the vehicle bridge over Tenmile Creek. In addition, tine 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 Treble 1I- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion 91'the site►must comply with these standards and will be confirmed at the torte of building permit subrninal. The Applicant has provided data regarding the multi-farrrily portralr 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 rninimtrnl requirements M,only 14.spaces. Pine Avenue will be a collector street which does Trot allow on- street parking so there are on4l, 14 extra spaces for guests to park within the apartment complev. Staff has major concerns regarding the proposed parking which is an additional reason why reducing the number of units asprevioush,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 reeontniends a reduction in apartment units but not a significant reduction in parking.spaces. Following the reduction in - Page 15 Page 225 Item#11. units, some of the parking could be removed in order to move Lot l I or Lot 9 awa'v from the single-fatuity homes to the west;some parking could also be removed to increase the amount oj' open space within the apartment complex. Staffrecommends 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. 1. Pathways (UDC 11-3.4-8): A I 0-foot wide multi-use pathway is required and proposed along the property's western, not-them,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'pathwc'vfrom Mile High Pines to the east along the southern boundary and abutting the railroad easement. This section of multi-rise patlnvc-v will them connect to a segment along the east side of the Tenmile Creek that will be shared with the irrigation access road. Approxinzately 425 feet north of the southern boundary, the pathwc-y 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 ivill connect to the sidewalks along the collector street arrd allow for access to the existing multi-use pathway on the north side ofPine 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 pathivav along the northern boundary that starts at Ten Mile Road and continues all the wav to the western boundary with a new pathway connection to Fuller Parkfi•oni 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 side-walks and this new pathwav segments to access Fuller Park fi►rther east than what is currently existing within Castle-brook 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-furtzily ltontes 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►teay for children to walk to Chaparral Elementary, if it can be done. Staff believes adding a new,micro-path connection to the open .space crud pathwav within Mosher:s 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 trot prefer red by either the school district or Police because it creates another access paint to monitorf❑r 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) of'pathways with this development, which does not include the detached sidewalks along Pine Avenue. This is an abnormally high number_far one project to construct so Staff is appreciative of the proposed pathways that area required and not required. Sta ffis in full support of the proposed pathway plan far the subject development. J. Sidewalks(UDC II-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 I 1-3A-1 T - Page 16 Page 226 Item#11. The sidewalks in this development create connections throughout the project including to and from the multi-nt.se pathwai+segments.surrounding the development. All open space areas also appear to be direcrIv adjacent to sidewalks which add to the accessibilit},of'these areas. Staff supports the sidewalk randpedestrian circulation pla►n.for this development. See Exhibit IVII.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❑f 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 Ci(y Council hearing though, the Applicant should revise relevant plans to reduce the depth of Ilse lots along the southern boundary to include the required landscaping on both sides of'the pathway in this segment fit addition, the segment that runs along the east side of tine creek should widen the landscape area adjacent to the pathway to at least S feet;the submitted landscape plans show only a 3-foot Hide area of landscaping. The lots adjacent to this segment can accommodate a loss of at least 2 feet in lot depth to include 5 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 tire 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'ft►ral plat submittal. For the segment of pathway along the north boundary but behind the single-funnily 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 5 feet of landscaping(including trees)between the pathrvkv and the buildable lots.As discussedpreviously, 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 II- 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 227 Item#11. 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 LTDC I I-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 I 1-3G-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 V11.C).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 ofaccess to Fuller Park-for this development, the Applicant proposed open.space in excess of UDC standards. In addition, the Applicant is not counting a m.gjority of the multi-use pathways as open space because then 1.-rrow lhev cannol accommodate the Required landscaping adjacent to there. Staff appreciates the amount of open space proposed and even though it is not central1v 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 famili,development that complies with code requirements. Staff appreciates all o f the pedestrian pathways throughout the site; thewpathiva'i.s and sidewalks connect the main areas of'open space to the residential units offering_fairly equitable access to the proposed open space. Staffsupports the pedestrian network and the connections to open space anchored btu usable open space and amenities and the commercial area on the eastside of'th.e site. All in all, Staff fads that the proposed common and private open space are sufficient for a project of this size and proposed use. M. 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 LTDC; 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 228 Item#11. N. Fencing(UDC 11-34-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 1 I-3A-7, Fencing is proposed as shown on the submitted landscape plains and appears to meet UDC requirements. Q. Building Elevations{UDC 11-3.4-191 Architectural Standards Afanual}: 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-fumill'elevations slrvtit,traditiarral, walk-up garden st}=le apartment buildings. The buildings appear to have at least three f eld materials of stucco, lap siding, and stone and incorporate adequate roof plane variation along the roo fline. The buildings all share the identical colorpalette which does create a singular identity. The ASnf notes that no Mo multi-family buildings should look the same, .4[ the time of DES submittal for these structures, the Applicant should create more differentiation between the units to ensure compliance with the.4SM This could occur by adding variation in the amount of aceent materials andlor accent colors. Sta ff ivill ensure compliance with the ASM at the time of design review submittal for both the multi-family omits and the attached.si►zgle 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. S. 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 Planning—Applicant Representative; b. In opposition: Jane Byarn,resident._ C. Commenting: Jane Suggs;Jane Byam; d. Written testimony:None L. Staff presenting al2plication: Joseph Dodson, Current Associate Planner f. Other Staff commenting on application; None 2. Key issue(s)of 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 increasing at the intersection of Pine and Black Cat; L. 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 229 Item#11. 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. Outstanding issue(s)for City Council: a. None C. The Merl man-City CQwcdboLd thethese items on April 6.2021,May 11_2021,and Mayes.20ZL At the public hearing,the Council moved to approve the subject Annexation and Zoning. PreliminM Plat.and Conditional Use Permit requests[application was continued multiple times d11�� t�ila3�Ce3iLtl SJ�iq � C�t�t�t. d CounciI- -stioned the Applicant at each_meetin ;all meeting Summaries have been condensed inI this similar somma L Summary of the ky Council-public hodu% a. In favor:Jane Suggs,Applicant Ren.:_Deb_orah Nelson,Applicant Legal Represntation h in opposition. Multiple neighbors noted as being against the V=osed _ ro_icct for its density., on o -PoT ^ apartments,and the�osal to extend Pine Avenue: please see_p_ulZ_lic record for specifics. r— Co m� t' ebora _Xds- n;.Madm Parker.neigh] r r� d. Written testimony: I i pieces of public lotimmnlfrom February until May 2C'�`noting opposition to the proposed development in terms of its density, the extension of Fine Avenue, and the locatisz f the p o e -iments in relation tn�l� ci tin in - family homes in the Mosher Farris Sub.-to the north• ^ e, Staff presenting application:Joseph Dodson, Associate Planner f, {..ether Staff melman. ACHE); Garret White,Parks Department:Joe Bongiorno,Deputy Chief Fire Marshal: Bill Nara,City Attorney: 2. ley issue(s)of public testimony: iL L iQr-mdlrm an homes to the north(Mosher Farms Sub.l3 ^ I Kja issue(s)of discussion by City Council: In regards to the future land use designations,is Staff concerned with transitjonm1 density or transitional uses: b- Clarification on lC ol� lat and which lots contain homes that are to remain and is there a redevel t nLan; e. Clatification that multi-family use and Conditional Use Pen-nit reauest i$contained to the R-15 zoning district that is existing. d. Location and necessity of shared emnreency access between subject ice icet and wirct to the east(Mile High Pines): S� Proposed density and how it meets the commr hensive lap; f, Location of the imposed amenities and open spice in relation to_theProposed uses. Is a pedestrian crossing nosed across the Pine Avenue extension—since one is not pwposed what di,etm- tie need for a grossing; h Pedestrian connections to and from the adjacent park and school.and how the proposed W pedestrian facilities intend to connect to these points and move children safely between tb�t�5; i Level of access_to the multi-family development and their proposed locations, - Page 20 - Page 230 Item#11. ou.Id proposed Project be broken Into separate applications to get at least the infrast=turc and multi-family uortions of ft proirct mining rward wliile the a= �_urc m4es a decision Qn their items, lk. Clarification on if a pedestrian bridge to Fuller Park is reguiredit is required per the pr athway5 ands r t Ie Park's Department sonditions'dor men ; ISDensity and location of landscaping between proposed apartments and existing iorl}es in Mosher Farms to the north; 4. _ niht1 ��IL]nisi�lt�ec9�?u ]1s��tio1� ;L. Clarify+that a pc -estrian bddvx for the multi--wst�pathway.connection_ to fullgr Parkis required. Page 21 Page 231 Item#11. 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 114 and the North 112 of the Southeast 114 of Section 10,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the East 114 corner of said Section 10 from which the Center 114 corner of said Section 10 bears, North 89'36'62"West,2655.68 feet;thence on the East-West centerline of said Section 10,Not1h 89136'02"West,939.50 feet to the REAL POINT OF BEGINNING; thence leaving said centerline,South 06'0728"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 88951'42'West,703.34 feat; thence leaving said centerline.North 33'15'25"West.241.17 feet; thence North 48032'21"West. 101.97 feet; thence North 43'57'49"West, 144.27 feet; thence North 88'5Z12"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 45026'50"West,176 feet; North 39`43'48"West,89.05 feet; North 39'20'28"West, 100.02 feet; North 25'23'24"Wast,125A 6 feet; North 19'21'27"West,94.89 feet; 11779 <<'A,� Page I of 2 Page 22 Page 232 Item#11. North 22°44'42"West,83.44 feet; North 17°25'33"West,198.22 feet to the last-West centerline of said Section 10: thence on said centerline,South 89°36'02"East,39.48 feet to the Easterly boundary line at Ten Mile Greek 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; 120.65 feet along the arc of curve to the left having a radius of 176.00 feet, a central angle of 39=2fY32"and a long chord which bears North 37107'47" West, 118.49 feet; North 56148*03'West, 118.30 feet to the North boundary line of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence on said North boundary line,South 89`37'19" feast,765.14 feet to the Northeast corner of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence South 0000348"West,663,57 feet to the Southeast comer of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence on the East-West centerline of said Section 10,South 89136'02"East, 388.34 feet to the HEAL POINT OF BEGINNING. Containing 24.567 acres,more or less. End of Description. Page ? of 2 51 r�tr:S Page 23 Page 233 Item#11. Jv 1sa san � 34d SCALE: 1" = 300' f C-S-NE 1/64 -_ S89'37'19'E 765_14' _ S.10 1 I vim-, p _ FARM SUB 1 I y j BASIS OF BEARING N89'36'02"W 2655,68... S89'36'02_'E --- - 1/4 C 1/4 C-E 1/16 38B.34' N89'36'02"W 939.50' 4 ' " 5.1p N17'2 33"W 39.48'589'3B 02 E $10 1 READ PAINT 5.10 5.11 ell 198.22' r, OF BEGINNING N22.44'42"W R-8 ZONE ry 83.44' t24.5fi7 ACRES 1p r N1Q'21'27"W tfG� 94.89' N25'23'24"W mac] 125.15' N88'S2'12"W + I N39'20'28'W 50.71' + 1 S S45.28'50"E 1.76' �9 I N43 57'49"W + p I 14�7 r fir y`a�pL LRNps Ns�e G,p — -— N88'51'42 W 703.34' OREON SNORT LINE i?AII,ROAD 11779 N.+f'jt4,z.,�p �o ATE of r°�pk LINE TABLE Q r� mcc;p, LINE BEARING LENGTH L7 N33'15'25"W 241,17 CURVE TABLE L2 N48'32'21"w 101.97 CURVE LENGTH RADIUS I DELTA CHORD SRG. CHORD DIST. L3 N39-43'48"W 89.05 Cl 120.85 176.2o 34'20'32" N37ti7•+17•w 118 49 L4 ry56.48'a3"w 118.30 EXHIBIT DRAWING FOR "�rye. IDAHO l�tW SURVEY wlw.ewRAlOSf. CITY OF MERIDIAN R-8 ZONEWIE s�IEET Ho. aa`yass�a'r�ro�"°` FOXCROFT SUBDIVISION 1 GROUP, LLC LOCATED w T1E sv 1/4 OF ME NE 1/4 A"r,THEN 1/2OF WE SE DWO,DATE 1/4 OF 9ECIM 10.TN..RAW.&N.,AOA COUNTY,IOAHO tl/m/ffi]O Page 24 - Page 234 Item#11. Description for R-15 Zone Ten Pine Park Subdivision October 27,2020 A parcel of land located in the Southeast 114 of the Northeast 114 of Section 10, Township 3 North, Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: BEGINNING al the East 114 comer of said Section 10 from which the Center 114 comer 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 114 of the Northeast 114 of said Section 10; thence on the East boundary line of the Southeast 114 of the Southwest 114 of the Northeast 114 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, 126.24 feet; 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 67030'53`East,357.19 feet; South 66101135`East,448.10 feet; South 50`13'59`East,22.66 feet; thence leaving said centerline, North 89'59'5,2"East,48.00 feet to the East boundary line of said Section 10; thence an 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. ;;.. 04K AP.; 5 � 8 J�,!'I 11',• ', Page 1 of i1 Page 25 — Page 235 Item#11. din 150 600 0 3na SCALE: 1" = 3GO' S85'32'14"E J L 126.2+4' S65'24'02'E --- — _� 49.70' 1 `?$r g 0�� ,'�1 4q Ss>. MOSHERS N89'34'58"E 3psS FARM SUB A� 23,00' as-- £_ R-15 ZONE 013S' I w a I +12.942 ACRES i 1 4 S50'13'59E L7 1 22,56' REAL POINT rt�— --,—__--_ OF BEGINNING 1/4 I 1/4 f NB936'1)2'W 1327,64' S•10 If S.10 S.11 N59'36'02"W 2655.6e'•.. BASIS OF BEARING r I� � I I Q � I � I `y I }I ORFON SHORT LIATA' RAILROAD NL LA ENS a-�a 1 779 LINE TABLE LINE BEARING LENGTH L7 N69'59'52"E 48.00 D OF ❑ �1ZJ MOCK L2 SWCO'QS"E 158.64 EXHIBIT DRAWING FOR 19 ss IoaHo 19-,� SEJRVEY CITY OF MERIDIAN R-15 ZONE SHEET . TEN PINE PARK SUBDIVISION 1 lae�aeeas o GROUP, LLG LocATM IN,,,E SF 1/4 of TIE NE 1/4 OF SECTrON Va. Rwc DATE T•J1..RAW.,HM..A &COUNTY,IDAI{p io/27/2m Page 26 - Page 236 Item#11. sas•ar 4'e s �s �7- h +e a� m 1327-B4 1 0127/202 0 Scale: 1 inch= 171 feet File:Ten Pine Park Sub R-15 Zone.ndp Tram 1,12.9416 Acres,Closure:s62.4340e 0.01 1t.I llff862311.Verimeter-3513 fL 01 ne9.3602w 1327.64 10 n89.5952e 48 02 n00,0348e 654.55 11 s00,Lb08e 158.64 03 985.3214e 126,24 04 s65.2402L 49,7 05 n89.3458e 23 06 s66.3902e 357.4 07 s67.3053e 357.19 08 s66-0135e 448-1 r r Page 27 - Page 237 Item#11. B. Preliminary Plat(dated: 11"��'2 February 24, 2021) - �€++€ �1N31"Id OIH/ti30 J\F7011tl1 •�I'i�xwl¢+l+sw _ L'v"1 d .l�J b fV I IN 11 3 b.1 a".• Aj lilt U N "�SJIS f"�'-0� I n 1•r - rym 31. 0ppi ti!ti, ' T � r ��� va•IMP tilJ:ii yh _ '���ooic4�y9j;it ;:i;a�3e:g A y r 77 174 d - - 8 I• .�J sl .r a � e - -- 1 r � s e J � �--�•- � y�� J ■ J 1 ..1, _4 � � ii s�� � •n I r- Page 28 Page 238 Item#11. apgivanaaylano�p>Wp J "C71S I^I<3G flS 1�oxd:-3x o_ 'ay'7u�+�p9+�q - - _ a' IIIIii:liii�ii+�R'ii�s� i�i=il _ ,,��a 3' g S i 6 ppppgg G i i65 G pp w� 'S°� �- srll6l lli:;.;a:llilallWal4s lsJl4ey 11: �• I �_„-_ _ � •, i}!l: aolag:liEl:Il.IIIIWa:p:tl:prl3!I:IIC ,,,T iFr lr;a:aial6ell;llllaal!$�l::IlFapl,! y j11Gei11 ltEllSIE:1>sl1Q31lg9i11 a t I �I iiiUM,,C�i€€i�6i}tfiti_i�$i " 3�• 15111Gi@ 1; litliilalr1;71S1i!llalilllla �.� F�`:: isi'SlFf:alaS73119xE:l:ii'xill'M a :aalalla4laa!laaalllflalaeeaaaa lel;<< lI6�liiiiipii�1115p;Gip{efilPii11 ISM fl, =ii AMID EIMI IEiiiii`siiiatiEii if4 Rll M eE3 [Ff3i4S lllls;aa33E?¢1;IIF' i7i9:!Il s.17912si. _-•:�`.. . FI,' �tp3513G1+afa:a6119311i,?:6a.:S;lall:7lala �'I tale adlaaaaae111aa1 ilaEllllaaRel557 51i".657fe5lp9577 �- . ......... Fr` ,tip - I T T. IIIH y��. � I� 19 Ir ••i e I h .-dhr.� � ,���• -�� J Ai g f ka•"� m _,I ;�. •yam '. �rf ::�qJ ;4e � s 't ..i S S �..• ��w xci `- a � 1 2 S g i F eIi irE3� i� v��� Ei 1. it Page 29 Page 239 Item#11. C. Open Space Exhibit(date: ' "t. rA!Q02 February 24,2021) 7N1 '1N3Wd073h30 h!D0112d.L _ OR['JlmiwYY•wrn�s�yq -wl7EYaaal�tlg itE�. :'� r- N41S1l114 E11"lS 1.JOTJ�TCOd I NVId r7NIXMVd CNV 3nVd$ N3d❑ s _ x CD qF4 � Wm .�_.. �� �#• tf4f� m� bw Vr w wK W}�W 4[0[]] W C) :A' LL� W�'•' .. F� C i �/A VI U VJ P W Cam] Qiy n k i—0 K P �? ' } q0�r ❑ago O'U`+�—'O4N� ❑��r�i �d�� ��``v y � _ I�� ��iT�•:' � I f � Niri FBI � - :__ - � --. �y�co g6 ���� .i�°:� •�' �fis' � EFS�' L { ;IsN� ;i,§f=�i•F! oo �o — .r L ; ,i `r�•S Fir eAsF'?d•[ �(a:�tl N �ie � .�. � �'���: {�yS,� � •' IfIS�15 rl �6i€ r �,3 S`� 8 ws5_ � 1. SS 'l`- L � �3; �{�1 � °B �� s3`�•1 sii ,�Jm' i g i r i �l Fi_f3 !3:Y3Si.l:li3:E :r [ t74 �'�°�z: �'_ � � rs=s:� sir9;3�i�::F��r43L• 99.4 '!7'�;o�'•s � IF 45 kA r, ;., ',7: _ - �• _ rsrivFiriir> la.e it - ii r,' ® i I rd .IIII l�Fi t� t i•L_rii � tiE� @3 0 G' D r .an"nrrr - a 8 �e c .;<� .1:. • r 1 IpI,m I r Svv33'J F' f g �r'•�iF_.g��i 1E 1 Page 30 Page 240 Item#11. PARKING RROWED SPACES-.29 1R FM11LY!•A2IKIRO APAKI1 r9 -LOVTRFp SPAC[5-sip -Ceti I UNN PROC4151A iIm? REG M Swcs Ai STNYIIARLI C ENCSAS --� 9x 1BRx15•Br 9M°I DtI MAC" mEE*IMc tooE a,E.aur�ELleNis OPEN SPACE AND PA[tIQNC _...GUAkIF1EF}+iDe —__— _ -i 10R.a•x+ uNCO>rLACD tea,(•{S-71R FOP 3OPPSTRM PM1PKWC PLR EXHIBIT FOR PnNiv1G'ak C4JlNDu3P=6 FO -Qr RRGFFIOW4 P•+RKiMD -91 N.CROFT SUT3DR'[5[DY ` • - -- —- T _ r -MCAP sPAces.s.,:SPACES 9PALES.�ILE iDf� FIW EO wTAL RURM A+r OWSTREE F LI.T1UlTi 1HE.SE ARE NOT*RFRdFD TO BP WRKSD OM W PUGUO STREFRAUT OfLLY AS AN ILLUIDTAAFOM OF e•��•'L..,"�•. , _ � �,t P&MOW I-E FARKIND NkI OF 3 . ..a? 2..' �. . y .k.: -. ..•,R, - WIMMY6 WMER *.T � .p �` FILE"•-,;'-•Y� Uu LI Fim UDC . 1, .f _ � _ "_...".:.._. ., T,.G' tom•.,, 113G�.81a.7.339eF a LIdIEo uoc F 1t d]0E :u _I l :nnx: =i LPG r -3G301.8.S,SSSlFa aUALFFEO UOC 11-30-3 0 1 a '1 r .,,,. OPEN SPACE.NO DRAI MAGF 5Qx 10 MIN •.. .. ,� 1 q -�� fr a ,a ., ... .• 1 — 1,17 ACRES • '`l � � - .'„"...... ' auALIWeDUDc,,-3(3-3e,.v I U � -w:` �•��.. PATHWAYS WITH LANDSCAPE g��q�, 31 5m SF w c 0.73 ACRES 0 _ L7LIALFIED UDC 71aG.1'B.3. nth r4 ' COLLECTOR SUFFERS 45A59 sF I.?ACRES ...abw .....� � yC� •,tom `: rr1-,�^Isi �i+lr r -. /� OLALFIED UDC 11-3G3.8.4- ONE HALF ARTERIAL SUFFERS 2.503sf )05 ACRES QUALIFIED UDC 113E-3.8.7 FF QUA L IED UDC NATURAL WATERWAY 11-3G-3 Qifr.11,732 sf ... 119,722sf • 2.75 ACRES 1 y Page 31 Page 241 Item#11. D. Landscape Plans(date:1 "'z n- '�0 February 25,2021) � s r#a$ r�1 i !� I w I A 1 01 � I f 7 A a T•' i � I � i y � � U CL LL � n a 01 Page 32 Page 242 Item#11. eJ I:ms I 01 {` - �. ':i as �.. �, r• J W gad . Lj— F Page 33 Page 243 Item#11. 41, �R � � � 1 �• _ I I�I N.Z�A A 4L +Y1�:-3 � `l •'7 f+'� ��~ � �� F Wl Ate" � L !•'AK'YI tiiL "^" I_� I� �• !'• 1+ 6 OMi xs l> h •. S2R ��J '6e a ��v C� •i t�''� ,I{ 3 c. { Ili r II � • PRE_IPIKAR- FLAT I AM75CA-= FLAN J�� £ t.A)WyEngineerfng.fee. I i dul��x�lNalws�l�ele:noo TRIL-OC—" -DEVE_OPVE:NT. INC. Page 34 Page 244 Item#11. --.144 4 0-7" ail s ' i ;i e:'. 11�' �• fir+' r' . yN. Rx,uv.0 7�[t :It9F�:TEi6'=':`' wi F RIRLL N NARY Pr1T -ANDSCAsL PLAN " ��`�/�} F-a X G F7 p W-T S u Ea p I IV S I^IV sV `--iieY Elt lneering,Inc. Page 35 Page 245 Item#11. I Tr 75 ilm nJ � I I12 I � VA r s� 1 Y� Vr �'• PRE-IN hAk" III .AT I AN-DSCA=- FLAN F~ -d IFey Englnewing InC. r„�7^ FG]X G J-R o F�— !�U Q 17 f r/I S I C7 1� '. = �n�EMa„Ema.aivuwwoiCnno 'i• 7�ILOC'' jEV�_�Pv=RT, fly-:_ ... ..._..._ f�1�1 Page 35 - Page 246 Item#11. piAl, 11 4 i� N g i r III IS u -1 if P wr'e- W Na� )xi Tit mv iErEi PREL \4NARY MLA T I A N 1)SC A Pr: ILL A 'Xalley Engineering,Im >C C�R CD F T �—1 F=?47 I Page 37 Item#11. E. Pathways and Pedestrian Circulation Exhibit INN Iql v � O s8 0 I I j A U I i o E I time . ' 1-ATHVYAYS r-><MIBI"1'".vm FO 7f C FC C7 FT S U g E I V I S I d N qn uwrmw�l4�Nwo1C�u0 TRILOGY DEVELOPMENT. INC - - Page 38 Page 248 loll [10 Fl I•' �'" tntii AIN .f I MAN, i g- L-• '1 f fpp�lL��:eolCmp[�m 0p1gm©© �4�pc� '.. ^^. tfLG�c�G' C39 FydC]Ccl "]dm C14©'1Lp-^-'��• C � ppCmmIG�4^::114d'.1CJ tlIC-"]pGpC]p©+�mpp QCp]CI�T t�i � k'. �' /':' r+r+p�[� CTC�T]C]�f•— �mQR"J©P�QJ 1 E714oc7C C� p+pm��y6ldIGip� '��• Icalpr�o e�cn orb-�cf�� O 46 Uhl HHH-P-'N�P1 �K;RkqpFm � s ��[nQ]r'1© pl3Cdlm� ��©�LSZIGJ �"•'.: _� �mpLaPm]�'i!6©"J Cp'J C©��p�WCp C]CN��Cd I Item#11. G. Conceptual Redevelopment Plan for lots containing existing homes to remain in the"SW Block" g YI Fa}{CROFT SUBDIVISION r _ 1 REDEVELOPMENT PLAN - _r- FOR LOTS 2 AND 6 ~� BLOCK 4 5W 1 17.041 , 1 a,518 SCALE 1"=60` 4 .535af �. s 14.777 1: 3 10.304 9-24.562 � 1` `,l. a�• 127' 4 �` ,■ �� �' 52 ti SW BLOCK ¢ a. 4 23 '1 1❑ a 11 @ Page 40 Page 250 C L i AL mIle, LC. f tjw 5 t = 40 -,41P f IM yea _ A' �owl �t Item#11. :ZrD m 0 ■■ ■i - '■ 101 Page 44 Page 254 Item#11. J Al �r FI . '� Page 45 Page 255 Item#11. �Waier Markup for Areas of Possible Water Main Elimination (DELETE-) jj y�WH Q hE44E47 tef Im�7 _'� �'•!r- �551�1+. =�_ }�� - � 3ca.=-= ��- - - IZZ We31Ef IOOa IS ntCdt-d fill sectkon M wrier rj - - _ - - nliUn can Ile eirmonated '. to iwtef I:wru"40n F= SSMH 6_ .� Is this eater rualn 'T i'f. • ' -- 4CLJEHQUSEf �- - =_ - OF FILE 5541H D4 ._� �_ =- j� ,. l; _�' •_ -F= = ssHE BLOCK 1 _, - L I r Page 45 Page 256 Item#11. J. Ten Mile Stub Drain cross-section 3RD FLOOR BALCONY IS 4'ABOVE 2ND FLOOR 4F EXISTING HOME n c a 77��fpp�R .01 3 Y 02590A0 ElEV 7RP4.43 SECOhIa=LMR ELEY=,7SA 7]3 ROOF PPNC Ll y N p ROOF PERK 2610 ola —la 2610 2600 n F� 4 2600 2590 I 2590 2nd Poor 2580 — 2nd n=r --r 1 - - — 2580 a 1st 20' I 25 -3 noor 2570 '— ----�' 2,7n 256❑ wol 2560 E3"- MA4zl IIP.-?M2-SH TL 00 R•�4I 2550 ,v AlPsur[[PATH 2550 4' RAVEL 2540 2540 2+00 2+50 3+00 3+50 ++Do 4+50 5+00 Ten Mile Stub Drain PROFILE V1I1. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. 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 Planting Division prior to commencement of the DA.The DA shall he 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,conceptual Fedevelo,,ment plan,pathway and pedestrian circulation exhibit,and the proposed phasing plan included in Section VII and the provisions contained herein. b. The i 0-foot multi-use pathway segments surrounding the development and the reaui trian bridge ter 1~idler Park shall be constructed with Phase 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,and the Pine Mile wntef: eetieiis ki ftee6 Fd With all other ACHD requirements aM in line with the signed"Dedication and Development Agreement,"as seen in exhibit V11I.L, and the ACHD conditions of approval. - — - - Page 47 - Page 257 Item#11. 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. fi 4:14e fflult faznly develepment shall be eanstr-ueted with no mare than 194 units With bUi-Idings on Lots 4, 5, 6, and❑,NE Block 1 (as shown onthe g. With future sale of single-family homes on Lots 20-32, NW Block 1, the Applicant shall inc1E►de the multi-family site plan and renderings in the sales and advertising information for these homes. I It 3. The preliminary plat included in Section VII.B,dated Ns ember ' ' 'n2"February 24.2021 is approved as shown. shall be revised as "Iews at least�nst10) days p6of to!he City side.a. Revise the proposed alley beiweefi SW Block 2 and SW Bloek.:33 io be a minor urban laeal st+eet eensti-iieIed a!a Fninimum of 24 feet wide with utifb and gutter-,tie sidewalks,and no paikifig an e4her- meet the minimum let s the u 8 zoning disc let of 4.000 square feet. e. Reduee applicable building lots in the single family areas of the site to aeronifflodate at least 5 feet of latidseapitig and trees alonge the fnul! tise pathA� segments, (LON, 12 1❑ NIX Block 1• Lots 16 2.1 SW Block t- Lots 25 29 29 & 34 SW Block 11 rc--z-T-r�--r�--urv.-n--r-co-r�-i .. , � �- , , , 4: The landscape plan included in Section VII.D,dated November 7 1 2020 February 25,2021, is approved as shown. shall be.. ed as fellowsprior-to submittal of the Final 01,+ a Revise the laniseape plans to add a 5 foot wide landseape bktfl�r along both sides 0 meerd with U DG 11 3B 12 b. Show a! least 4 fee!of landscaping on the east side of the pathway segnient on th .,• f the Ten 11�rrmie Creek •,s-wnd landscape-in--aceor d with U DC 11_3 B 12 T ats 1'1 19, NW I71eek 1 L 5_ The Applicant shall apply for Alternative Compliance with!he 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. Applican! shall construe!a miere paili into!he Mosher Subdivision and tie inio their existin Sub DFain a!ang th e not4hern prop"boundat-j,with the fir-s!phase a 9 development. Page 48 Page 258 Item#11. 7- Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 1-2A-6,UDC Table 1 1-2A-7, and those listed in the specific use standards for multi-family development, UDC l l-4-3-2T 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. dwel,linges b iii Wings at least ten (4 0)days prior-to the Gi ty Geui+ei 1 hearing. 13. Comply with the outdoor service and equipment area standards as set forth in UDC I I-3A- 12. 14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15, UDC 1I-313-6 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 11-313-14. 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 11-513-6F.1; or 21 obtain approval of a time extension as set forth in UDC 1 1-5B-6F.4. 17. The preliminary plat approval shall become nu I and void if the applicant fails to either: I} 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 1 I-6B-7. 18. The Applicant shall adhere to and maintain all standards as set forth in the Multi-family Development specific use standards. UDC i 1-4-3-27. 19. Prior to building permit submittal for any stricture 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 H-4-3-27. 2 1- 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 f'or approval by City Council and subsequent recordation. 22. Future redevelopment of existing homes (Lots 2 & 7, SW Block 4)shalI be general consistent with the submitted Conceptual Redevelopment Plan as seen in Exhibit VII,G. - Page 49 Page 259 Item#11. B. PUBLIC WORKS 1. Site Specific Conditions of Approval E)VeF 4he Mai!!!ifle. This eamidi tion eam also be satisfiedwith a 14 feet wide paved Suffoee.Tile pathiA,ay shown ovef the e along the north propeflies is stA�mect to this =eE�Hif2H�e�FI;as we! as nnafllholes SSN4H n 2 ¢e0414 n ., a SSMH n c_ 1.2 P1 ease reclesign the san i tapy sewer-rouii ng to eliminate the sewer main 1 ine passing throu a!1 awed with i n eamm on dFi VeSj OR 15,sewer sery iees (Fefflifld eF that a Fnami mum e F thfee A lowed imo a manhole,w ith a minimum 3 0 degfees of angle separatiefi)-. 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. L6 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for cleaning; contact plumbing official for specific details. with "to and throtigh" fequir-emenis. This new mainline shall conneet to existing a! the , es!and east ends. 1.8 The waier mai n in N d White Leaf Way near SSNI 14 GY5 needs io eonneEt W!he pfopOsed 1.9 The waiar main in'A'. StogaF Pine CA. that eurreFAly dead ends needs ie conneet to the proposed water-maifi to the east(:N4i!e High Pines Sub)iii N. Side Cr-eek 6afie. Gurr-ewly d1i dead end do es fie!meet fire fl em,press]W-R r-Pkq1 I i r �fAs, 1,10 Th er-e are a fiew wateF ma;Fis iii the multi fami ly area that may have an opp af�aiiity to be eliminated. See Exhibit Seeiion Vil (L) Water MaHiti. 'Possible Water Main ❑1: a6 1,1 1 A Floodplain Development Permit and updated hydrology and hydraulic model are required for the W,Pine Ave bridge and pathways. L 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 260 Item#11. 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 Tight of way(include all water services and hydrants). The easement widths shall be 24-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 1 I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. - Page 51 Page 261 Item#11. 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 1 10%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 l l-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 l 1-12-3H. 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 262 Item#11. 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:llweblit2k.meridiancio,.orglWebLinklDoeViei4 aspx?id=218795&dbid=O&repo=MeridianC itv D. POLICE DEPARTMENT h ttps:lha-eblink.tneridiancihy.o►glWebLinklDocVie"�.aspx?id=218971&dbid=O&repo=MeridianC LE E. PARK'S DEPARTMENT https:llweblii2k.nieridia►iciU.orglWebLink/DoeView.asp_r?id 222554c&dbid=0&repo=MeridianC itv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWFST IDAHO(COMPASS) htWs:Ilweblink.n2eridiancity.orglWebLinkJDoc View.a.spx?id 219143&dbid=0&repo=MeridianC iiv G. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llwehlink n2e►-idialicity.otglWebLinklDocVieil,.asps?id=220017&dbid=0&repo=MeridianC i 1v H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) htWs:llweblink.tnericlicrnciU.otglWebLit2k/DocView.aspx?id=218921&dbid=O&repo=MeridianC 1. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llxleblink-.incridianciiy.otXlWebLinkIDoeView.aspx?id=218258&dbid=O&repo=MeridianC iry J. WEST ADA SCHOOL DISTRICT(WAND) htWs:11web1ink.nieridiancity.mtglWebLinklDocView.aspx?id=221010&dbid=0&repo=MeridianC IC. ADA COUNTY DEVELOPMENT SERVICES htWs:11Web1ink.ineridianciU.otglWebLinklDoc View.aspx?id=218397&dbid=0&repo=MeridianC Page 53 Page 263 Item#11. L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11wehlin1c.Ilac ridiciraciti.olglWebLiirklDoe lrievv.a sn_a:?id--219777&dbid=0&repo=Me ridiaiaC to M. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.ineriilianciU.oi glWebLinklDoc View.aspx?id=22101 S&dhiil=Q&repo=MeridianC t N. PUBLIC WORKS MEMO—RESPONSE TO PRELIM CIVIL PLAINS htlps:llweblink.r?ieridial7cihp.orglWebLiiiklDocView.aspr?id=220311&dbid 0&repo=MeridianC itv D. DEDICATION AND DEVELOPMENT AGREEMENT—VTPER AND BARON heWs:l/weblink.naeridirinci_ �oiglWebLinkIDocl'iew.aspx?id=222672&dbid=0&I•cpo=MeridianC itl' IX. FINDINGS A, Annexation and/or Rezone (UDC I 1-5B-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 Cio,of Meridian with the R-8 zoning district and subsequent development is consistent with the Comprehensive Plata, if'all conditions oj'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 Citv and within this area. Stafffinds the proposed development is generaliv 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 Councilfinds the proposed zoning snap amendment will not result in an adverse impact on the delivery of services by anv political subdivision providing public services within the City, {. The annexation(as applicable)is in the best interest of city. - Page 54 — Page 264 Item#11. Because of the proposed addition o f di f fering divelling types and the construction n f a needed public road extension, Council finds the annexation is in the best interest of the Cint 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 recominendations, 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 fbr more it formation.) Z. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will he provided to the subject property with developinew. (See Section Vf1l o f'tlie Staff Report for more details,front public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because Cit'v stater 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 puhlic financial capability of.supporting services,for the proposed development based tepon conirrients from t{republic service providers(i.e.. Police,Fire,ACHD, etc j. (See Section VlI jor more igformation j 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of anv health, safett�, a?- environmental problems associated with the platting oj'this property.ACHD considers road.safety issues in their anali si.s and has approved the subject roads and road improvements. b. 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 subniiued site plan and prelimina)1,plat appear to meet all dimensional and development regulations in the R-15 zoning district in which it resides. Page 55 Page 265 Item#11. 2. That the proposed use will be harmnnious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi-family residential, with 5taff"s recommended revisions, is harmonious with the comprehensive plait designation of'Mediunr Density, Residential and the requirements of•this title ivhen 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 dr#erent than the residential testis closest to the subject site, Council finds the design, construction, acid proposed operation and maintenance ivill be compatible with other uses in the general neighborhood and should not adversely change the essential character of'the saine area, so long as the Applicant complies with 5taff's 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. ivill 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 he served adequately Iry essential public_/acilities and services as all services are readily available, the nearky arterial street is widened to its_fidl width, and the Applicant is required to construct a new public road extension to accommodate additional tr crffic flotit. G. 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 he detrimental to the economic we�fare of the communiti,or create excessive additional costs fbr 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 trrI fle is sure to increase in the vicinity with the proposed use, all major roadways adjacent to the site are already at their fisll width and the Applicant is required to extend Pine .4venue as a collector street adjacent to their site. Therefore, Council finds the proposed use will not be detrimental to an�v persons.properly, or the general welfare. - Page 56 Page 266 Item#11. 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 gl'the Tenmile Creek(a ►ratured watervvav), Councit finds the proposed use should not rescth in damage of ativ such features. Page 57 Page 267 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: No Build Easement and Agreement Between the City of Meridian and the Joseph B. & Carolyn R. Chandler Trust 3/20/20 Page 268 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: August 24, 2021 Presenter: Bill Nary Estimated Time: .5 minutes Topic: No Build Easement and Agreement between City of Meridian and Joseph B. &Carolyn R. Chandler Trust 3/20/20 Recommended Council Action: Authorize the Mayor's signature to accept a no build easement from Joseph B. & Carolyn R. Chandler Trust 3/20/20 Background: The northern exterior wall of a building under construction has been constructed 2.15 feet from the northern property line. Because this wall is an exterior wall with windows and combustible projections, section 705 of the 2018 International Building Code typically requires, among other things, that the wall either meet fire resistance rating, area, protection, and vertical separation specifications, which it does not, or be built at least 20 feet from the property line, which it is not. Rather than require that the wall be torn out and reconstructed with no windows and with fire resistance rating, or that the building be torn down and moved 20 feet from the property line,the Building Official has authorized the correction of this violation by the establishment of a no build easement along the southern property line of the adjacent property,which is owned by the same owner. The no build easement will establish adequate fire separation on a permanent basis, and will allow the building under construction to be completed in its current location. Page 269 ADA COUNTY RECORDER Phil McGrane 2021-126682 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 08/26/2021 09:28 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian, ID 83642 NO BUILD EASEMENT AND AGREEMENT This NO BUILD EASEMENT AND AGREEMENT ("Agreement") is made this 24th day of August , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Joseph B. & Carolyn R. Chandler Trust 3/20/20, a trust organized under the laws of the State of Idaho ("Owner") (collectively, "Parties"). WHEREAS, Owner is constructing a building on 650 W. Franklin Road, in Meridian Idaho, Ada County parcel no. S1212438485, legally described as PAR#8485 OF SW4SE4 SEC 12 3N I W (`Benefited Property"), which real property is owned by Owner; WHEREAS, Owner also owns the adjacent real property, to the north of the Benefited Property, at 658 W. Franklin Road, in Meridian Idaho, Ada County parcel no. S 121243 8486, legally described as PAR#8486 OF SW4SE4 SEC 12 3N 1 W ("Burdened Property"); WHEREAS,the north wall of the building under construction on Benefited Property (`Building") is 2.15 feet from the northern boundary of the Benefited Property, and such wall is an exterior wall designed and constructed with combustible projections and openings; WHEREAS, by ordinance codified at Meridian City Code section 10-1-I(A), City has adopted the 2018 International Building Code ("IBC"), as amended; WHEREAS, IBC section 705, requires, inter alia, that an exterior wall designed and constructed with combustible projections and openings must either meet the fire resistance rating, area, protection, and vertical separation specifications of IBC section 705, or be at least 20 feet from the northern boundary of the Benefited Property; WHEREAS, for the purpose of facilitating the continued and complete construction of the Building in compliance with the IBC, and rather than requiring Owner to bring the north wall of the Building into compliance with the fire resistance rating, area, protection, and vertical separation specifications of IBC section 705, City is willing to allow Owner to burden the Burdened Property with a no build easement, 20 feet wide, on the south boundary of the Burdened Property, which easement will be recorded against the Burdened Property; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Easement conveyed. Owner, on behalf of itself, and its successors and assigns, hereby grants to City a perpetual no build easement on the Burdened Property, to be comprised No BUILD EASEMENT AND AGREEMENT PAGE 1 of the south twenty feet(20')of the Burdened Property, along the entire south property line, as described particularly in the legal description attached hereto as Exhibit A (the "No Build Easement"). II. No building in easement. Neither Owner nor Owner's heirs, successors or assigns shall construct or place, or allow to be constructed or placed, or allow to exist any structure, shed, garage sign, or building, or any eaves or other projections thereon,or any portion thereof, in the south twenty feet(20') of the Burdened Property, along the entire south property line,as described particularly in the legal description attached hereto as Exhibit A. III. Purpose of easement. The purpose of the No Build Easement is to allow Owner to complete construction of the Building on the Benefited Property, which Building, due to its proximity to the property line between the Benefited Property and the Burdened Property, would not comply with the fire resistance rating, area,protection, and vertical separation specifications of IBC section 705,but for the fire separation distance afforded by the No Build Easement. In exchange for the promises under this Agreement, Owner acknowledges that this Agreement is executed as an alternate method of complying with IBC section 705 with regard to the north exterior wall of the Building. IV. Use of easement area. Nothing contained in this No Build Easement shall be interpreted or construed: A. To prevent Owner and Owner's successors and assigns from using, operating, or maintaining the No Build Easement for the purpose of driving motor vehicles thereupon; B. To require either party to maintain or repair the No Build Easement; or C. To allow the City to enter or access the Burdened property at any time or for any purpose. V. Building on Benefited Property. City agrees to allow Owner to build the Building on the Benefited Property with a north exterior wall that would not comply with the fire resistance rating, area, protection, and vertical separation specifications of IBC section 705 but for the fire separation distance afforded by the No Build Easement, so long as this No Build Easement remains in place and so long as no structure, shed, garage, sign, building, eave, or projection, or any portion thereof(each,"Encroachment"),is ever placed on or in the No Build Easement. Owner agrees that if this No Build Easement is terminated; or if the No Build Easement area is encroached upon by any Encroachment; City will require Owner to bring the Building on the Benefited Property into compliance with IBC section 705, and/or with any and all applicable building codes. Owner agrees that if the building code in effect at the time of such termination or encroachment so requires, Owner will make any changes necessary to correct any and all conditions that are in violation of any applicable building code or restriction. VI. Term. This No Build Easement and Agreement shall be effective as of the Effective Date written above, and shall continue in perpetuity. All terms and provisions herein are intended to and shall be covenants running with the land and/or equitable servitudes for No BUILD EASEMENT AND AGREEMENT PAGE 2 the benefit of the City as an alternate method of complying with IBC section 705, and to burden the Burdened Property, and shall be binding on the Owner and the Owner's respective heirs, executors, administrators, successors, and assigns and all current and future owners of the Benefited Property,the Burdened Property, and all persons claiming title, possession, or ownership of or to such properties. The Parties shall terminate this Agreement and extinguish the No Build Easement only if the Building is demolished or the north exterior wall of Building is altered to comply with the IBC,including, without limitation,IBC section 705 or like section then in effect. VII. No modification without City approval. Owner, and any subsequent owners and assigns, may not modify, withdraw from, terminate, or dissolve this Agreement without the written approval of City. VIM Indemnification. Owner, and Owner's respective successors and assigns, shall indemnify, defend, and hold harmless City, and City's officers, agents, officials, and employees, against any and all claims, demands, actions, and suits,including attorneys' fees and costs, arising out of or resulting from the terms of this Agreement. IX. Binding upon successors. This Agreement shall be binding upon any and all owners of Benefited Property, any and all subsequent owners thereof, any and all owners of Burdened Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in Benefited Property or Burdened Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of Benefited Property or Burdened Property, or any portion thereof, except that any sale or alienation shall occur subject to the No Build Easement and the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. X. Severability. Each provision of this Agreement shall be independent and severable.The invalidity or partial invalidity of any provision thereof shall not affect any of the remaining portions of that or any other provision of this Agreement. XL Subsequent amendment. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. XII. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 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. No BUILD EASEMENT AND AGREEMENT PAGE 3 X—M. Compliance with laws. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances,and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. XIV. 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 the Joseph B. & Carolyn R. Chandler Trust 3/20/20 and each and every trustee and beneficiary thereof. The undersigned further warrants that he is authorized to bind the Joseph B. &Carolyn K Chandler Trust 3120/20 and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of the Joseph B. &Carolyn R. Chandler Trust 3/20/20 and its trustees and beneficiaries. XV. Advice of attorney. Each party warrants and represents that in executing this Agreement,it has received independent legal advice from its attorney or the opportunity to seek such advice. XVI. City Council approval. required. The validity of this Agreement shall be expressly conditioned upon City Council action approving this 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. JOSEPH B. & CAROLYN R. CHANDLER TRUST 3/20/20: STATE OF IDAHO } } ss: County of "ff- ) ph B. Chandler, Trustee This record was acknowledged before me on this r Z day Of. r--4_ L"rr . 2021,by JOSEPH B.CHANDLER,as Trustee of the Joseph B.&Carolyn R.Chandler Trust 3/20/20. ct� Notary Public for iabo I 1 Residing at tt� ,Idaho 11_ENE WALLACE My Commission Expires: �� Z� LP g$S21 NOTARY PUBLIC STATE OF 1DAHO No BuiLD EASEMENT AND AGREEMENT PAGE 4 CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor 8-24-2021 Chris Johnson,City Clerk 8-24-2021 STATE OF IDAHO ) )ss: County of Ada ) I HEREBY CERTIFY that on this 24th day of August , 2021 before the undersigned, personally appeared ROBERT E. SMSON and CHRIS JOHNSON, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2022 No BUR D EASEMENT AND AGREEMENT PAGE 5 Item#12. Exh lit Job No. 2021-169 7-29-21 BOUNDARY DESCRIPTION FOR JOSEPH CHANDLER 20' Non-Buildable Easement Part of the Southwest-V4 of the Southeast �/4 of Section 12,Township 3 North,Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of the Southeast V4 of Section 12,Township 3 North, Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho and running thence N90000'00"E 407.20 feet along the South line of the Southeast V4 of the said Section;thence N00006'00"E 181.70 feet to a found 5/8",.rebar marking the Point of Beginning;thence N00006'00"E 20.00 feet;thence N90100'017t'E 145.00 feet; thence S00000'00"E 20.00 feet; thence S90°00'00"W 145.03 feet to the Point of Beginning. ,R Easement area contains 2,900 square feet or 0.07 acres,more or less. 12220 � d, AN B• 106 W Main St Unit D,Middleton,ID 83644'n1s12220fa7v_ahoo eom*(208)861-7513(0)*(866)337-4925(F) Page 1 Page 275 Item#12. tt �� A l $. I ii lotl S I Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Renewal of Agreement for Fire Department Communication Dispatch Services Between the City of Meridian and Ada County for Fiscal Year 2022 Page 277 Item#13. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Dept Meeting Date: August 24, 2021 Presenter: Deputy Chief Joe Bongiorno Estimated Time: 5 minutes Topic: Ada County Dispatch renewal Recommended Council Action: Approve renewal of Ada Count Dispatch Services agreement Background: Annual renewal Page 278 AGREEMENT NO. 12695-4- RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2022 THIS RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN FOR FISCAL YEAR 2022 (hereinafter referred to as "Agreement"), by and between Ada County (hereinafter referred to as "County") and the City of Meridian, by and through the Meridian Fire Department (hereinafter referred to as "City" or "Meridian Fire"), also collectively or individually referred to as "Party" or"Parties," is entered into for the purpose of establishing a fire communication dispatch service for City to be supplied by County and for the payment of consideration by City to County for the provision of said service. It is further understood that, operationally, County means the Ada County Sheriff's Office (hereinafter referred to as "ACSO"). WITNESSETH: WHEREAS, County and City entered into Agreement No. 12695 on April 26, 2018 to allow County to furnish radio and telephone dispatch communication services and facilities to City; and WHEREAS, Agreement No. 12695 provided that it could be renewed upon re-execution by both Parties for successive one-year periods beginning October 1 through and including September 30 of the following year; and WHEREAS, County and City wish to renew Agreement No. 12695 for the term of October 1, 2021 through September 30, 2022, under the same terms and conditions, except as otherwise provided herein. RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2022 - PAGE 1 NOW, THEREFORE, the Parties hereby mutually agree as follows: 1. By the execution of this Agreement, both Parties hereby agree that Agreement No. 12695 will be renewed for the term October 1, 2021 through September 30, 2022, and that all terms and conditions of Agreement No. 12695 are hereby incorporated, as if set forth in full, and shall remain in full force and effect unless otherwise provided herein. 2. In consideration of the foregoing and pursuant to this Agreement, City hereby agrees to pay to County the sum of One Hundred Fifteen Thousand One Hundred Eighty Four and 00/100 Dollars ($115,184.00) for the services provided to City, paid in equal portions quarterly at the end of each quarter, to the ACSO, within thirty (30) days following receipt of invoice. Said total amount shall be invoiced by ACSO in time for City to issue final payment to the ACSO no later than September 30, 2022. 3. City's obligations under this Agreement to provide payment as described herein shall be subject to and dependent upon appropriations being made by the Meridian City Council for such purpose. The Meridian Fire Chief, in preparing Meridian Fire's Fiscal Year 2021 budget, shall include in the proposed budget the amount noted herein, which will be duly considered by the Meridian City Council along with the other proposed expenditures for Fiscal Year 2022. 4. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity in accordance with duly adopted organizational documents or contracts and, if appropriate, a resolution of the entity, and that this Agreement is binding upon said entity in accordance with its terms. RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2022 - PAGE 2 IN WITNESS WHEREOF, the Parties hereto have subscribed their names on the following dates: ADA COUNTY CITY OF MERIDIAN Board of Ada County Commissioners Robert E. Simison, Mayor Rod Beck, Commissioner Signed this 24th day of August 20 21. Ryan Davidson, Commissioner ATTEST: Kendra Kenyon, Commissioner Meridian City Clerk Chris Johnson Signed this_day of , 20_ ATTEST: Phil McGrane, Ada County Clerk Ada County Sheriffs Office Matthew Clifford, Ada County Sheriff Signed this_day of , 20_ RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2022 - PAGE 3 Appendix A Projected Costs of Services Fire Contracts FY2022 [I page attached] RENEWAL OF AGREEMENT FOR FIRE DEPARTMENT COMMUNICATION DISPATCH SERVICES BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR FISCAL YEAR 2022—APPENDIX A FY2022 Dispatch Contract Allocated based on Area By Area 2020 Area Agency Responses Percent of Total Annual Contract Cost Boise Fire 20,217 29.72% $ 302,623 Whitney Fire 1,468 2.16% $ 21,974 Meridian Fire 7,695 11.31% $ 115,184 Eagle Fire 2,219 3.26% $ 33,216 Kuna Fire 1,802 2.65% $ 26,974 Star Fire 1,111 1.63% $ 16,630 NACFR 1,848 2.72% $ 27,662 EMS 31,676 46.56% $ 474,150 Total 68,036 100.00% $ 1,018,413 Cost per run $ 14.97 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2282: A Resolution Vacating a Public Utility, Drainage, and Irrigation Easement That Was Initially Established with the Mussell Corner Subdivision (Recently Replatted as the Victory Commons Subdivision No. 1) Situated in Government Lot 4 of Section 19, Township 3, Range 1 East, Boise Meridian, Ada County, Being Located in Lots 1, 2 and Lot 4, Block 1 of Mussell Corner Subdivision on File in Book 95 of Plats in Pages 11624-11626, in the Office of the Recorder, Ada County, Idaho; and Providing an Effective Date RESOLUTION NO. 21-2282 CITY OF MERIDIAN BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER A RESOLUTION VACATING A PUBLIC UTILITY, DRAINAGE, AND IRRIGATION EASEMENT THAT WAS INITIALLY ESTABLISHED WITH THE MUSSELL CORNER SUBDIVISION (RECENTLY REPLATTED AS THE VICTORY COMMONS SUBDIVISION NO. 1) SITUATED IN GOVERNMENT LOT 4 OF SECTION 19, TOWNSHIP 3, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY BEING LOCATED IN LOTS 1, 2 AND LOT 4, BLOCK 1 OF MUSSELL CORNER SUBDIVISION ON FILE IN BOOK 95 OF PLATS IN PAGES11624-11626, IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 10, 2021 the City Council of Meridian, held a hearing on the vacation of a public utility, drainage, and irrigation easement that was initially established with the Mussell Corner Subdivision(recently replatted as the Victory Commons Subdivision no. 1)situated in Government lot 4 of section 19, township 3, range 1 east, Boise Meridian, Ada County being located in lots 1, 2 and lot 4, block 1 of Mussell Corner Subdivision on file in Book 95 of plats in pages11624-11626, in the office of the Recorder, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the public utility, drainage, and irrigation easement that was initially established with the Mussell Corner Subdivision (recently replatted as the Victory Commons Subdivision no. 1) situated in Government lot 4 of section 19, township 3, range 1 east, Boise Meridian, Ada County being located in lots 1, 2 and lot 4, block 1 of Mussell Corner Subdivision on file in Book 95 of plats in pages11624-11626, in the office of the Recorder,Ada County, Idaho, as attached in Exhibit A, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 24th day of August, 2021. Victory Commons Easement —Vacation—H-2021-0045 Approved by the Mayor of the City of Meridian, Idaho, this 24th day of August, 2021. Attest: Mayor Robert E. Simison Chris Johnson, City Clerk Victory Commons Easement —Vacation—H-2021-0045 Page 286 Exhibit A 2775 W.NPYiq*r Dd*,Suite 21 D Aws,•cracks,cam HORROCKS E N Gr I N I. fi R D r []ate; April 09,2(]2[1 Project: I I3-1402,-l 8 l{1 ��F t1F�►� Page: 1 of BRUN PUBLIC UTILIT'YDRAINA GE AND IRRI ATIONEASE ENT TO BE VACATED 14 US,SELL CORNER SUBDIKSION This easement is situated in Government Lot 4 of Section 19,Township 3 north,Mange 1 East,Boise Meridian,City of Meridian, Ada County, Idaho,being located in Lots 1,2 and Lot:4,Block 1 of Mussell.Corner Subdivision,on file in Book 95 of Plats in pages 11624-11626,is the Office of the Recorder,Ada County,more particularly described as follows: COMMENCING at the southwest corner of said Gioveniment Lot 4; thence along the west boundary of said Government Lot 4, 1) N.00°38'36''E.,641.26 feet;thence les ing said west bowidarv, 2) S.89-2 1'24"E.,70.00 feet to the southwest corner of said Lot 1 and the POINT OF BEGINNING;thence along the west boundary of said Lot 1, 3) N.00"3816"E.,5.00 feet;thence parallel with the south boundary of said Lot 1, 4) N.89042r22"E.,791.49 feet to a point on the east boundary of said Lut 1;thence along said east boundary, S) S,50-46103"E,, 738 feet to the northeast corner of said Lat 4;thence along the east boundary of said Lot 4, 6) S.50°4&05"E., 1736 fact.;thence parallel with and 11.00 feet soxrth of the north boundary of said Lot 4, 7) S.8 a4222"W.,523.00 feet to a point which lies 11.00 feel south of and 8.00 feet east of the nrnlhwest oxner of said Lnr 4;thence parAlel with the west boundary of said Lot 4, S) S,DV3828"W.,308.71 feet to a paint on the north boundary of Parcel B per Rmord of Survcy No. 8669,on file in the Office of the Recorder,Ada County; thence along the north boundary of said Parcel B, Victory Commons Vacation Easement Page 1 Date'. April (fit), 2020 Project: I D-l 402-1810 Page; 2 of 2 9) NSW'04-21"W., 8.00 feet to a point on the west boundary of said J.ct 4; th oc along said }vest boundary, 10)N.00'38'28"E... 169.52 fee( to the southeast corner of said Lot 2.) th=c along the south houndaiT of said Lot 2. 1 1) .89"4 ' 2"W., 5.00 feet; thence parallel with the east boundary of&aid Lot 2, 1 )N,00'38'2811E., 145.02 foul to R point which lies 5.00 feet west of and 5.0-0 f t south of the northeast corner of said Lat ; thence parallc1 with the north boundary of said Lot 2, 13)S.89°4 '22"W,, 265.140 feet to a point on the west boundary ef'said Lot 2; thence along said wes[ boundary, 14W.00"3 16111y,, 5.00 feet to the POINT OF BEGINNING. S 0 0, .j . To �rE Of p Victory Commons Vacation Easement page 2 7To 0 i cam+ JVtiLll VlJIUIV \ .y0 0c' \ 5 00'8 36 E N89°42'22"E S50°46'03"E \ 781.49' 7.78' \ rI1 --- — ----� ------------------------ N0°38'36"E I �P.O.B.jl 5.00' S89°42'22"W I S89°42'2Z"W S50°46'03"E 265.14' I 523.00' 17.36' � I I LOT 2 BLOCK 1 w NO°38'28"E I MUSSELL CORNER SUBDIVISION 145.02' I LOT BLOCK 1 I MUSSELL CORNER o ----------- SUBDIVISION z S89°42'22"W 50°38'28"W 5_00' LOTS BLOCK 1 308.71' 1 u 0MUSSELL CORNER C' SUBDIVISION +Z+ s I w N9°38'28"E 169.52' PARCEL B O� l ROS 4 8669 N89°04'23"W G 11V 1; 8.00' � � 0 50, 100' 74 19 SCALE:1"=100' 25 30 E VICTORY RD Victory Commons Vacation Easement page 3 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -July 2021 CITY of MERIDIAN FINANCE REPORT July 2021 - FY21 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;ISIf it II � � r � IT 14 ® __ _ ____ iun_u_n_..... - �nTnTniuin�n�� nnnm Page 291 F:\Monthly Reports\Finance Reports\FY2021\FY21-09 Jun Council Report 1 of 3 Item#15. ��E IDIAN� As of July 30, 2021 [D A H O City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE 0.14% POOL IDAHO BOND FUND 140xf. CASH 0.00% FIB ■FIB MoneyMarket$1,647,312 ■Cash$6,080,471 MONEYMARKET n Idaho Bond Fund$71,215,870 ■Idaho State Pool$114,610,949 City of Meridian Interest/Investment Income City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $430,000 $420,000 $120,000,000 $410,000 $100,000,000 $400,000 $390,000 $80,000,000 $380,000 $60,000,000 $370,000 $360,000 $40,000,000 $350,000 $20,000,000 $340,000 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YFD ■FY21 ■FY20 Page 292 F:\Monthly Reports\Finance Reports\FY2021\FY21-09 Jun Council Report 2 of 3 is Item#15. C f1E IDIAN - 'oAHO GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 oil $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 M Nonspendable ®Restricted M Committed ■Assigned ■Unassigned ®Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 ®Assigned ■Unassigned ■Reserves Page 293 F:\Monthly Reports\Finance Reports\FY2021\FY21-09 Jun Council Report 3 of 3 Fund Balance Item#17. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Finance Department: Fiscal Year 2022 Citywide Fee Updates Page 294 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Brad Purser, Finance Meeting Date: August, 24 2021 Presenter: Brad Purser Estimated Time: 5 Minutes Topic: Citywide Fee Updates Recommended Council Action: Seeking approval to notice public in preparation for a public hearing Background: We are seeking to update the citywide fee schedule Page 295 Citywide Fee Schedule Updates Item#17. Fee Description Old Amount New Amount Change Change Pct% 1 Water Meters: OMNI Hydrant Meter H2 Register w/Measuring Chamber,Comple$371.86 $1,256.60 $884.74 70.41% 2 Water System Repair Fee: 6" C-900 Pipe Per linear Ft. $5.15 $9.26 $4.11 44.38% 3 Water System Repair Fee: 10" C-900 Pipe Per linear Ft. $13.42 $23.88 $10.46 43.80% 4 Water System Repair Fee: 8" C-900 Pipe Per linear Ft. $8.95 $15.91 $6.96 43.75% 5 Water System Repair Fee: 12" C-900 Pipe Per linear Ft. $18.97 $33.64 $14.67 43.61% 6 Water System Repair Fee: 4" C-900 Pipe Per linear Ft. $2.60 $4.56 $1.96 42.98% 7 Water System Repair Fee: STORZ fitting-4.5 hydrant nozzle $145.60 $239.94 $94.34 39.32% 8 Water System Repair Fee: 12" Repair Coupler LPS(Long Pattern Sleeve) $177.24 $279.59 $102.35 36.61% 9 Water System Repair Fee: Traffic Rated Ring 20" $84.62 $125.02 $40.40 32.31% 10 Water System Repair Fee: Cast-Iron Valve Lid $12.00 $17.65 $5.65 32.01% 11 Water System Repair Fee: Non-Traffic Rated 42"Meter Tub/Tile for Single/Double Services $121.98 $167.96 $45.98 27.38% 12 Water System Repair Fee: 2"IP 250 PSI Poly Pipe Per linear Ft. $2.57 $3.48 $0.91 26.15% 13 Water System Repair Fee: 1.5"IP 250 PSI Poly Pipe Per linear Ft. $1.56 $2.07 $0.51 24.64% 14 Water System Repair Fee: 1"IP 250 PSI Poly Pipe Per linear Ft. $0.67 $0.88 $0.21 23.86% 15 Water System Repair Fee: Valve Box-26"Top Section $48.02 $62.70 $14.68 23.41% 16 Water System Repair Fee: 3/4"IP 250PSI Poly Pipe Per linear Ft. $0.43 $0.56 $0.13 23.21% 17 Water System Repair Fee: Hydrant Meter Gate Valve Handle 2" $3.30 $34.50 $31.20 21.34% 18 Water System Repair Fee: Manhole Ring $156.42 $191.15 $34.73 18.17% 19 Water System Repair Fee: Non-Trafic Meter Tub 36" $106.78 $128.48 $21.70 16.89% 20 Water System Repair Fee: 2 inch gate valve for hydrant meter $194.42 $228.39 $33.97 14.87% 21 Water System Repair Fee: Valve Box-16"Top Section $29.73 $34.54 $4.81 13.93% 22 Water System Repair Fee: 12" Wedge Restraint Gland Pack $137.92 $152.51 $14.59 9.57% 23 Water System Repair Fee: Hydrant-6"Extension $569.99 $614.29 $44.30 7.21% 24 Water System Repair Fee: Fire Hydrant $2,146.06 $2,300.52 $154.46 6.71% Dual Port MXU(mob) ('b)Charge is half the cost of a dual MXU for dual meter installation in a single common meter vault.(Full replacement 25 Water Meters: cost of a dual port MXU is$171.00) $94 $100.00 $6.00 6.00% 26 Water System Repair Fee: Traffic Rated Meter Tub 42" $142.12 $150.33 $8.21 5.46% 27 Water Meters: 2 inch T-2 Meter(Reclaimed) $1,117.76 $1,176.60 $58.84 5.00% 28 Water System Repair Fee: Non-Traffic Rated Standard Lid&Ring $139.20 $146.47 $7.27 4.96% 29 Water System Repair Fee: 10" Repair Coupler $282.50 $291.37 $8.87 3.04% Qualified Licensed Professional Engineer(QLPE)Review(Any project reviewed per the provisions of Idaho Code 39-118(2d.). The QLPE review fee includes only the engineering drawing sheets,and does not include cover sheets,standard details or 30 Engineering/Development Services note sheets.) $290.00 per she$298.70 per she7 per sheet 3.00% 31 Sewer System Repair Fee: Additional Collections Technician(per hour) $35.39 $36.48 $1.09 2.99% 32 Water Meters: 1 inch Meter(Reclaimed) $191.81 $196.73 $4.92 2.50% 33 Water Meters: Single Port MXU $167.68 $171.98 $4.30 2.50% 34 Water Meters: 1 1/2 inch C-2 Meter(Reclaimed) $1,372.26 $1,407.45 $35.19 2.50% 35 Water Meters: 2 inch C-2 Meter(Reclaimed) $1,574.69 $1,615.07 $40.38 2.50% 36 Water Meters: 2 inch meter C2 $1,553.64 $1,593.48 $39.84 2.50% 37 Water Meters: 4 inch compound meter C2 $3,356.93 $3,443.01 $86.08 2.50% Page 296 Citywide Fee Schedule Updates Item#17. Fee Description Old Amount New Amount Change Change Pct% 38 Water Meters: 4 inch Turbo Meter(Irrigation)T2 $2,615.61 $2,682.68 $67.07 2.50% 39 Water Meters: 4 inch T-2 Meter(Reclaimed) $2,672.66 $2,741.19 $68.53 2.50% 40 Water Meters: 2 Inch Meter(Irrigation)T2 $1,143.51 $1,172.83 $29.32 2.50% 41 Water Meters: 4 inch C-2 Meter(Reclaimed) $3,378.71 $3,465.34 $86.63 2.50% 42 Water Meters: Hydrant Meter H2 $1,418.95 $1,455.33 $36.38 2.50% 43 Water Meters: 1 inch meter $182.54 $187.22 $4.68 2.50% 44 Water Meters: 1 1/2 inch T-2 Meter(Reclaimed) $950.98 $975.36 $24.38 2.50% 45 Water Meters: 1 1/2 Inch Meter(Irrigation)T2 $929.93 $953.77 $23.84 2.50% 46 Water Meters: 1 1/2 inch meter C2 $1,351.23 $1,385.87 $34.64 2.50% 47 Water Meters: 3/4 inch Meter(Reclaimed) $155.29 $159.27 $3.98 2.50% 48 Water Meters: 3/4 inch meter $138.18 $141.72 $3.54 2.50% 49 Water Meters: 3/4 inch meter(short) $138.19 $141.72 $3.53 2.49% 50 Water System Repair Fee: Valve Box-36"Bottom Section $53.74 $55.00 $1.26 2.29% 51 Sewer System Repair Fee: CCTV Van with one Collections Technician(per hour) $54.97 $56.06 $1.09 1.94% 52 Water System Repair Fee: 2 inch Angle Valve $356.40 $361.96 $5.56 1.54% 53 Sewer System Repair Fee: Hydrocleaner Service Truck with one Collections Technician(per $84.20 $85.29 $1.09 1.28% 54 Water Meters: Backflow Assembly 3/4" $307.51 $308.74 $1.23 0.40% 55 Water System Repair Fee: Valve Box Extension Riser 1-6" $44.59 $44.21 -$0.38 -0.86% 56 Water System Repair Fee: 4" Repair Coupler $133.38 $131.92 -$1.46 -1.11% 57 Water System Repair Fee: 1"x 1"IP PE Compression x Compression Grip Coupler $59.93 $59.18 -$0.75 -1.27% 58 Water System Repair Fee: 1"IP Compression x 3/4 MIP Brass Fitting $42.52 $41.98 -$0.54 -1.29% 59 Water System Repair Fee: 6" Repair Coupler $189.65 $186.76 -$2.89 -1.55% 60 Water System Repair Fee: Meter Setter 2 inch $1,926.24 $1,890.25 -$35.99 -1.90% 61 Water System Repair Fee: 3/4 FIP x FIP Brass Curb Stop Valve $68.84 $67.20 -$1.64 -2.44% 62 Water System Repair Fee: Meter Setter 1 inch $546.14 $532.66 -$13.48 -2.53% 63 Water System Repair Fee: Meter Setter 3/4 inch $328.04 $319.90 -$8.14 -2.54% 64 Water System Repair Fee: 1.5 inch Angle Valve $302.03 $292.40 -$9.63 -3.29% 65 Water System Repair Fee: Residential Meter Lid and Ring $139.20 $134.02 -$5.18 -3.87% 66 Water System Repair Fee: 3/4 inch angle valves $84.73 $81.51 -$3.22 -3.95% 67 Water System Repair Fee: 8" Repair Coupler $235.63 $224.35 -$11.28 -5.03% 68 Water System Repair Fee: Grade Ring-Top 4" $51.24 $48.72 -$2.52 -5.17% 69 Water System Repair Fee: Hydrant Break-Away Kit $316.21 $299.34 -$16.87 -5.64% 70 Water System Repair Fee: Meter Setter 1.5 inch $1,723.70 $1,626.78 -$96.92 -5.96% 71 Water System Repair Fee: Grade Ring-Bottom 2" $45.75 $40.97 -$4.78 -11.67% 72 Water System Repair Fee: 1 inch Angle Valve $139.17 $123.21 -$15.96 -12.95% 73 Water System Repair Fee: Hydrant Meter 2.5 FHT Swivel/no screen $109.81 $94.11 -$15.70 -16.68% 74 Water System Repair Fee: Traffic Rated Lid 20" $153.85 $130.02 -$23.83 -18.33% 75 Water System Repair Fee: Padlock $6.79 $4.88 -$1.91 -39.14% 76 Water System Repair Fee: Lid Only-24"Manhole Cover $269.90 $151.07 -$118.83 -78.66% 77 Water System Repair Fee: 1"Comp x 3/4"MIP U-Branch Brass New Fee $68.46 78 Water System Repair Fee: 1" FIP x FIP Brass Curb Stop Valve New Fee $104.46 79 Water System Repair Fee: 1.5 FIP x FIP Brass Curb Stop Valve New Fee $213.88 80 Water System Repair Fee: 2"FIP x FIP Brass Curb Stop Valve New Fee $312.81 81 Water System Repair Fee: 3/4"x 3/4"IP PE Compression x Compression Grip Coupler New Fee $29.60 82 Water System Repair Fee: 1.5 x 1.5 IP PE Compression x Compression Grip Coupler New Fee $128.94 Page 297 Citywide Fee Schedule Updates Item#17. Fee Description Old Amount New Amount Change Change Pct% 83 Water System Repair Fee: 2"x 2"IP PE Compression x Compression Grip Coupler New Fee $173.72 84 Water System Repair Fee: Adapter 3/4"MIP x HT New Fee $10.65 85 Water System Repair Fee: Adapter 2 1/2"MNST x 2"MIP New Fee $83.82 86 Water System Repair Fee: Bushing 1"x 3/4" New Fee $4.51 87 Water System Repair Fee: Bushing 2"x 1"Brass New Fee $17.52 88 Water System Repair Fee: Bushing 3"x 2"Brass New Fee $42.41 89 Water System Repair Fee: Nipple 3/4"Close Brass New Fee $2.55 90 Water System Repair Fee: Nipple 1"Close Brass New Fee $3.77 91 Water System Repair Fee: Nipple 1 1/2"Close Brass New Fee $7.39 92 Water System Repair Fee: Nipple 2"Close Brass New Fee $11.26 93 Water System Repair Fee: Sod sf ft New Fee $0.32 94 Water System Repair Fee: 12" Repair Coupler New Fee $345.54 95 Water System Repair Fee: 4"LPS(Long Pattern Sleeve) New Fee $64.52 96 Water System Repair Fee: 6"LPS(Long Pattern Sleeve) New Fee $108.08 97 Water System Repair Fee: 8"LPS(Long Pattern Sleeve) New Fee $173.71 98 Water System Repair Fee: 10"LPS(Long Pattern Sleeve) New Fee $207.90 99 Water System Repair Fee: 4" Wedge Restraint Gland Pack New Fee $51.23 100 Water System Repair Fee: 6" Wedge Restraint Gland Pack New Fee $61.62 101 Water System Repair Fee: 8" Wedge Restraint Gland Pack New Fee $83.36 102 Water System Repair Fee: 10" Wedge Restraint Gland Pack New Fee $145.58 103 Water Meters: Backflow Assembly 1" New Fee $315.03 104 Water Meters: Backflow Assembly 1 1/2" New Fee $554.06 105 Water Meters: Backflow Assembly 2" New Fee $587.09 106 Water Meters: Backflow Assembly Repair Kit 3/4" New Fee $111.30 107 Water Meters: Backflow Assembly Repair Kit 1" New Fee $172.55 108 Water Meters: Backflow Assembly Repair Kit 1 1/2" New Fee $275.45 109 Water Meters: Backflow Assembly Repair Kit 2" New Fee $334.95 110 Water Meters: Backflow Test Port Valve New Fee $11.50 111 Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly New Fee $869.61 112 Water Meters: 2 inch C-2 Measuring Chamber Assembly New Fee $869.61 113 Water Meters: 4 inch T-2 Measuring Chamber Assembly New Fee $899.95 114 Water Meters: 4 inch C-2 Measuring Chamber Assembly New Fee $1,288.39 115 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly New Fee $594.16 116 Water Meters: 2 inch T-2 Measuring Chamber Assembly New Fee $594.16 117 Water Meters: 1 1/2 inch T-2 Measuring Chamber Assembly(Reclaimed) New Fee $678.41 118 Water Meters: 1 1/2 inch C-2 Measuring Chamber Assembly(Reclaimed) New Fee $887.26 119 Water Meters: 2 inch T-2 Measuring Chamber Assembly(Reclaimed) New Fee $678.41 120 Water Meters: 2 inch C-2 Measuring Chamber Assembly(Reclaimed) New Fee $887.26 121 Water Meters: 4 inch T-2 Measuring Chamber Assembly(Reclaimed) New Fee $917.51 122 Water Meters: 4 inch C-2 Measuring Chamber Assembly(Reclaimed) New Fee $1,306.04 123 Planning Fees Remand Fee New Fee Page 298 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 i I Item#18: Creason Creek No 3 Short Plat Application(s): ➢ Short Plat for two lots. Size of property, existing zoning, and location: The subject property is .4 acres, zoned R-8 and is located near the SE corner of W. Ustick Rd and N. Linder Rd. History: i In September 2015, the subject property was part of the Creason Creek annexation and preliminary plat. This plat consisted of 51 i single family lots and 8 common lots on 16.08 acres. The entire property was zoned to R-8.At this time,the subject property was j identified as Lot 1, Block 1 and was designated as a common lot for the purpose of a dog park. The first final plat for 34 buildable lots was approved by the Council in March of 2016 and Filing Two for 13 residential lots and 2 common lots was approved in May of 2018. i In 2019,the Council approved a modification to the previously approved Final Plat No 2 to relocate the dog park designated for the subject lot to Lot 13 and portions of Lots 14& 15 in Block 1. It also adjusted the boundary of Phase Two to include additional land into the subject lot so it could be subdivided into two buildable lots. This"land swap"increased common area from 16,183 sq.ft.to 16,268 sq.ft. The current proposal (Phase 3) is a short plat to complete the subdivision of Lot 1, Block 1 into two buildable lots as was discussed at the Council meeting for the Phase Two modification. Access will occur via a common drive from NW 13th St to the east. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in the UDC. Staff notes the access proposed for the subject lots is via a common easement,whereas the UDC requires all common driveways to be on a common lot. Staff has requested the applicant provide an exhibit demonstrating there is sufficient building area with the 20'street setback being measured from the property lines of the common lot versus across the driveway common easement. Otherwise, staff deems the short plat to be in substantial compliance with said requirements. Staff has received one letter in opposition to this request. The issue is that the property owner to the south states he was told during the hearings for the preliminary plat that this property was to remain as a park.A public hearing and notification is not required for a final plat modification,so he was never aware that a transfer had occurred to convert it to allow buildable lots, Staff Recommendation: • The short plat meets all requirements of the UDC and therefore and Staff recommends the Council approve the short plat with conditions as listed in the staff report. • Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021.0003, as presented in the staff report for the hearing date of August 24, 2021,with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021.0003 for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021.0003 to the hearing date of(insert continued hearing date here)for the following reason(s): (You should state specific reasons)for continuance) Item#19: Horse Meadows MDA Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: The subject property is 4.71 acres in size, currently zoned R-4, and is located at 710 N. Black Cat,the southeast corner of Black Cat and Pine. Summary of Request: • The subject site was granted approval for a Rezone and Preliminary Plat in 2020(H-2020-0060)for a rezone to the R-8 zoning district and a plat consisting of 26 building lots. • The property's existing access is via a private access to Black Cat Road,W. Quarterhorse Lane,that also provides access for three(3)other parcels to the east and southeast(Parcels S1210325555, S1210325800, &S1210325710). To help ensure that this access was removed,a DA provision was included that required all servient parcels to relinquish their rights to the private lane easement prior to this project prior to submitting for final plat approval. • One(1)of the servient sites has declined to relinquish their easement rights—with the current DA language regarding the Quarterhorse lane access,the refusal of one of the easement holders to relinquish their easement rights functionally renders this property useless. • Therefore,the Applicant is requesting to modify the draft DA so that they may submit a signed DA, officially rezone the property, and continue platting this subject site while maintaining the Quarterhorse Lane access for the one easement holder until such time that property redevelops in the future. • As part of this DA Modification and request to amend the provisions,the concept plan for the green space area abutting Black Cat must also be revised to show the travel lane remaining. In addition,to restrict access to/from Black Cat,the Applicant is proposing to install a gate approximately 100 feet into the site from the edge of pavement that will be accessed only by the City and the remaining easement holder. • Staff finds the requested changes to the concept plan are feasible under the latest circumstances and finds the proposal to gate the access to Black Cat and keep the traffic of one rural residential home through this access is appropriate. No written testimony has been submitted on this application. Staff Recommendation: Staff recommends approval of modification to the draft DA per the updated and revised DA provisions as listed in the staff report. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0050, as presented in the staff report for the hearing date of August 24, 2021,with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021.0050 for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0050 to the hearing date of(insert continued hearing date here)for the following reason(s): (You should state specific reason(s) for continuance) Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Creason Creek Subdivision No. 3 (SHP-2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. A. Request: Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. Page 299 Item#18. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: August 24, 2021 Topic: Public Hearing for Creason Creek Subdivision No. 3 (SHP-2021-0003) by ULC Management, LLC, Located on the East Side of N. Linder Rd., South of W. Ustick Rd. Request: Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 300 PUBLIC HEARING SIGN IN SHEET DATE: August 24, 2021 ITEM # ON AGENDA: 18 PROJECT NAME: Creason Creek Subdivision No. 3 (SHP-2021-0003) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name (J 2 r 3 4 5 6 7 8 9 10 11 12 13 14 Item#18. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 8/24/2021 Legend J DATE: '' c Pra}e D;Lcca-5on TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner f 'Yf.U ST1 CK RD V.� 208-498-0573 ''_ - �• SUBJECT: SHP-2021-0003 Creason Creek No 3 Short Plat LU � - - I LOCATION: The site is located on the east side of N. { Linder Rd., south of W. Ustick Rd. on Parcel#R1606170010 .� r 1. PROJECT DESCRIPTION The Applicant proposes a Short Plat consisting of 2 buildable lots on 0.4 acres of land in the R-8 zoning district. IL APPLICANT INFORMATION A. Applicant: Bob Unger,ULC Management—6104 N. Gary Lane,Boise,ID 83714 B. Owner: Cory Swain, CS2 LLC—3363 E. Presidential Dr, Ste 200,Meridian, ID 83642 III. NOTICING City Council Posting Date Newspaper Notification 8/6/2020 Radius notification mailed to properties within 300 feet 8/4/2020 Page 1 Page 301 Item#18. IV. STAFF ANALYSIS In September 2015,the subject property was part of the Creason Creek annexation and preliminary plat(DA Inst. 2016-019362,AZ 15-009,PP 15-014). This plat consisted of 51 single family lots and 8 common lots on 16.08 acres. The entire property was zoned to R-8.At this time,the subject property was identified as Lot 1,Block 1 and was designated as a common lot for the purpose of a dog park. The first final plat(Filing One) for 34 buildable lots was approved by the Council in March of 2016 and Filing Two for 13 residential lots and 2 common lots was approved in May of 2018 (H- 2018-0037). In 2019,the Council approved a modification to the previously approved Final Plat No 2 (H-2019- 0139)to relocate the dog park designated for the subject lot to Lot 13 and portions of Lots 14 & 15 in Block 1. It also adjusted the boundary of Phase Two to include additional land into the subject lot so it could be subdivided into two buildable lots. This"land swap"increased common area from 16,183 sq. ft. to 16,268 sq. ft. The current proposal(Phase 3)is a short plat to complete the subdivision of Lot 1,Block 1 into two buildable lots(now shown as Lots 16& 17) as was discussed at the Council meeting for the Phase Two modification. Access will occur via a common drive from NW 13t'St to the east. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5. Staff notes the access proposed for the subject lots is via a common easement, whereas UDC 11-6C-3.D requires all common driveways to be on a common lot. Staff has requested the applicant provide an exhibit demonstrating there is sufficient building area with the 20' street setback being measured from the property lines of the common lot versus across the driveway common easement. This exhibit has been provided in VI.D. Otherwise, staff deems the short plat to be in substantial compliance with said requirements.There is no increase in total lots and the amount of open space has slightly increased. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. Page 2 Page 302 Em @& #t EXHIBITS A. Approved Pelmnr Plat(ye 7/18/15 . E - � ---- L.SrKx" =-- �--- --- - ------ — —.—.—. 4Z. - - | . I ■\ � � ■ �| � I ! � � _& , | . _ � \ ■ � � | . � . - � ' �' � � ' � - | � - � | - � [ I IV ■on 1 � ■| �g | i¢■ | �| r . �4 � ' � � f® � ■�■fi� �� | |�� | § - ■� �. ; � � sD ■M 1.1 # � . . � �� • � § & .§ � � | \/§ . [ | F I\ , d . _ |� •■ : t■ tz . EE Item#18. B. Approved Preliminary}.Plat Showing Area of Land Swap. In Final Plat Mod 9 IDgg 6 H-20T9-4T39 changed _ these buildable lots IVt39'05'3t"W e7$A.47' to common lots to �co accomadate the dog park inirially { proposed for the _ subject lot. v s s og T. `ga ; s �€ gg` � N subject tot-as `l W .1119 111 �ds� nd �o originally ° w= �e € a £ t€ " m � � �, designated y $ w ?9 F as dog — - _ f park.City n • '� gs s 4` ..a Council a>P = g approved� l .e a e� F § 2g� F pp Nas'17'55-w s3aa' � bt s°' 6 x this being £ � s converted z , ° }gQ a�� sa�� �� gee, �: ��� a; to two FARbuildable 13 IC>Zs with t s ! I nq I Final Plat JAI �a S � a k�o y� * �y o� 4 a a H•20T8.Ot3 „ I "1 a z j a Page 4 Page 304 Item#18. C. Proposed Short Plat �&F NUl 199.09E-93 zw Na -BASIS Or BEARING 207-12DM6 35 3E _ 1Y V,i11L>K RD, SBA-4S0 F-E 7562,34' 1 ,M -- — ---,- -- - --JIB 1/4 4 , Z P N1 x I 189.47' LS 1111e An I V4 W A vl POINT OF BE"IhVINGbrFF f FpJNp 1 PLS 1111E }.�� ,Q sEr SIT c '4 BLXK 1 91E31 LYM SUM 15M BK 48, 'G 3EPI-MM r4 D, _ � FOUND % T,dEJ 2• PLS 11119 { r $ � I ' �d31 IE U a i BLOCK 1 i ` 07 LS 111 6 L r 6�xg13,___� L--------,123pp- -----5' fSOD:L4 N9977'55'W 193,96' LS i4a1 �• 4,5.5 �k'E9T3�OIF� I II WOUAN PARK WWM510N W. 1 L ■K. 43.PC 3856-M57 ? 1 lfi 'Cd04+G955 Page 5 Page 305 Item#18. D. Proposed Site Layout 66 Cl its, 77 co i ___% ' J ft ml PM a � &/6 60.$$' q 123_co' mMDiAn PAK Fi mil+ A „ Page 6 Page 306 Item#18. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The applicant shall comply with all applicable conditions of approval associated with this site (AZ-15-009;PP-15-014; H-2016-0087; H-2016-0022;H-2019-0139) and recorded development agreement instrument#2016-019362. 2. The applicant has until August 24,2023,to obtain City Engineer's signature on the short plat or apply for a time extension in accord with UDC I 1-613-7. 3. The final plat prepared by Land Solutions,dated 4/19/2021,prepared by Clinton W. Hansen, shall be revised as following: a) The common driveway easement shall be revised to a separate lot,per UDC 1I- 6C-3. b) Remove setback dimensions. c) Note 11 shall be revised to address the common lot. d) Note No. 9 shall include instrument number. 4. 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. 5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 6. Prior to City Engineer's signature on the final plat,the applicant shall provide a common drive exhibit that demonstrates all requirements of UDC I I-6C-3 are met, including widths,fencing and landscaping. 7. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 8. A Flood Plain Development Permit is required prior to any earth moving development activity. B. Public Works Site Specific Conditions: 1. Do not route water or sewer service lines through Lot 1 to serve Lot 2, ensure water service lines are run through the common drive. 2. Currently no water or sewer mains are proposed. If water or sewer mains are to be built,the design must be reviewed and approved by Public Works Engineering. 3. Two flood plain elevation certificates are required. Initial certificate required prior to foundation inspection approval. Final certificate required prior to C of O approval. 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 Page 7 Page 307 Item#18. shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 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 Page 8 Page 308 Item#18. elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to 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 Page 9 Page 309 Item#18. other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Medium Density Residential with a density range of 3 to 8 dwelling units per acre. The proposed lots sizes of 7,000 sq.ft.and 9,000 sq.ft.are within this density range,and the overall density of the entire subdivision is 3.24 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds.All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 10 Page 310 Item#19. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Horse Meadows MDA (H-2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd. A. Request: Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat (H-2020-0060). Page 311 Item#19. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: August 24, 2021 Topic: Public Hearing for Horse Meadows MDA (H-2021-0050) by Riley Planning Services, Located at 710 N. Black Cat Rd. A. Request: Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat (H- 2020-0060). Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 312 PUBLIC HEARING SIGN IN SHEET DATE: August 24, 2021 ITEM # ON AGENDA: 19 PROJECT NAME: Horse Meadows MDA (H-2021-0050) 1 Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#19. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 8/24/2021 Legend DATE: -� 40 DProject Location E �. , TO: Mayor&City Council FROAM: Joseph Dodson,Associate Planner 21 208-884-5533 �I SUBJECT: H-2021-0050 `-- Horse Meadows MDA LOCATION: The site is located at 710 N. Black Cat,at the southeast corner of N. Black Cat Road and W. Pine Avenue, in the NW 1/4 of the NW 1/4 of Section 10,Township LL �® 3N.,Range 1 W. 1 ; I. PROJECT DESCRIPTION Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat(H-2020-0060),by Riley Planning Services. II. SUMMARY OF REPORT A. Applicant: Penelope Constantikes,Riley Planning Services—PO Box 405,Boise,ID 83701 B. Owner Representative: Black Cat 30 LLC— 1420 S. Mills Avenue, Ste. M,Lodi, CA 92542 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the draft Development Agreement (DA) for the approved Horse Meadows Subdivision (H-2020-0060) to modify DA provisions, add provisions, and subsequently update the approved concept plan. See Section V for Staff s recommended changes to the existing DA provisions. History: The subject site was granted approval for a Rezone and Preliminary Plat in 2020 (H-2020- 0060) for a rezone to the R-8 zoning district and a plat consisting of 26 building lots on 4.71 acres of land. The property's existing access is via a private access to Black Cat Road, W. Quarterhorse Lane, that also provides access for three (3) other parcels to the east and southeast (Parcels S1210325555, S 1210325800,&S 1210325710).To help ensure that this access was removed consistent with UDC I I- Page 1 Page 313 Item#19. 3A-3 and ACHD policies, a DA provision was included that required all servient parcels to relinquish their rights to the private lane easement prior to this project prior to submitting for final plat approval. To date, three (3) of the four (4) servient sites (including the subject site) have signed an Easement Modification Agreement (see public record for document) to relinquish their access rights and take access through the approved public street connection to Pine Avenue; one (1) of the servient sites has declined to relinquish their easement rights. Therefore, the Applicant is requesting to modify the draft DA so that they may submit a signed DA, officially rezone the property, and continue platting this subject site while maintaining the Quarterhorse Lane access for the one easement holder until such time that property redevelops in the future. Because Quarterhorse Lane is a private easement, ACHD cannot require its closure (as detailed throughout the original staff report and ACHD staff report). However,the City attempted to reduce an access to Black Cat (an arterial) by including a DA provision requiring its closure prior to final plat submittal via each easement holder relinquishing their access rights. Per the Applicant, the refusal of one of the easement holders to relinquish their easement rights functionally renders this property useless with the current DA language regarding the access. The Applicant is proposing to amend the DA provision in question and add additional provisions to ensure the existing travel lane is maintained for the easement holder while providing assurances for the City to restrict access to only this easement holder, emergency services, and public works. Staff has included the Applicant's desired language in Exhibit V.A and has made recommended changes to their requested language in the same exhibit below. The concept plan and preliminary plat in the existing DA depicts a portion of Quarterhorse Lane area as a public road for the benefit of the subdivision and the remaining portion closest to Black Cat as green space containing utilities and a pedestrian access to Black Cat. See Exhibit B for the existing concept plan. As part of this DA Modification and request to amend the provisions, the concept plan for the green space area abutting Black Cat must also be revised to show the travel lane remaining. In addition,to restrict access to/from Black Cat,the Applicant is proposing to install a gate approximately 100 feet into the site from the edge of pavement that will be accessed only by the City and the remaining easement holder. In summary, staff finds the requested changes to the concept plan are feasible under the latest circumstances and finds the proposal to gate the access to Black Cat and keep the traffic of one rural residential home through this access is appropriate. Therefore, Staff recommends approval of the modifications as requested including additional changes as noted below. IV. DECISION A. Staff: Staff recommends approval of the modification to the draft DA of Horse Meadows Subdivision(H- 2020-0060) as recommended by Staff s analysis above and with the specific changes below, generally consistent with the Applicant's requested language. Page 2 Page 314 Item#19. V. EXHIBITS A. Development Agreement provisions from approved Draft DA(H-2020-0060): 1.Existing Provisions: 5. CONDITIONS GOVERNING DEN'ELOPMENT OF SUBJECT PROPERTY: 5.1. Owners. Developer shall develop the Property iu accordance with the follo�vni lu special conditions: a. Future developt_uent of this site shall be generally consistent �--ith the submitted and revised plans and conceptual building elevations for the detached single-family dwellings ilichuded m' Section VII of the Staff Report attached to the Findiuugs of Fact and Conclusions of Law attached hereto as exhibit--B".and the provisions contained hereitr. h. The Applicant shall comply��7Ith the ordlnances In effect at the tulle of application submittal. c. Direct lot access to N. Slack Cat Road and W. Pine Avenue is prohibited, d. Upon approvaI of the preliminary plat and rezone. the Applicant shall relinquuish their rights to use the n ress-egress easement along the south boundafy known as W. Quarterhorse Lane. e. A final plat application shall not be submitted until the Applicant recelVes approval and provides documentation fi•om all easement holders (Parcels S 1210325555, 51210325500, & 51210325710) to relinquish their rights to the existing access easement once the public road contuection to Piste Avenue is constructed. Page 3 Page 315 Item#19. 2.Applicant's Requested Language: d. The Applicant has signed the Easement Modification Agreement relinquishing their rights to use W. Quarterhorse Lane and U upon final plat approval, construction of and acceptance by Ada County Hig r�ways District of the proposed pubEc roads with access to Pine Avenue at the approved location peva FiglAs-the applicant shall cease to use the ingress-egress easement along the south boundary known as W. Quarterhorse Lane. e. A final plat application shall not be submitted until the Applicant receives as nro�provides Easement Modification Agreement documentation fi•om the-all easement holders of (Parcels S1210325555 and ,S121 :5900, & S1210325714) to-drat relinquishes thee rights to the existing access easement once the public road connection to Pine Avenue is constructed. f. The owner of Parcel S1210325710 wishes to retain ingress and egress access to Flack Cat Road via the remainder 20 foot wide Navel lane of the easement area known as W. Quarterhorse Lane where is traverses the pg! ion of common lot Lot 1, Block 1. The rao ping 30 feet of the easement area will include sewer and water lines,to serve Horse Meadows Subdivision and a pedestrian access to Black Cat Road. The 20 foot wide travel lane will also serve as access for the City of Mendian Public Works for maintenance and repair of the sewer and water service lines and for emergency life and safety services. e g.To restrict access to the travel lane for the exclusive ingress and egress use of Parcel S 1214325714, life and safety emergency vehicles and City of Meridian Public Worb access for maintenance and repair of the sewer and water service lines, and provide adequate vehicle storage area, a gate will be installed approximately 100 feet from the edge of pavement of Black Cat Road. Parcel S 1210325710 will be provided with a key to the gate. 3. Staffs Recommended Changes: 5.1.a-5.1.c: No recommended changes. 5.1.d: " ,The Applicant has signed the Easement Modification Agreement relinquishing their rights to W. Quarterhorse Lane and,upon final plat approval,the Applicant shall Fell quis,, the -Fights cease to use the ingress-egress easement along the south boundary known as W. Quarterhorse Lane. 5.1.e: "A final plat application shall not be submitted until the Applicant receives approval and provides Easement Modification Agreement documentation from a44-easement holders of(Parcels S 1210325555, e i 210325800, & S 1210325710)to that relinquishes their rights to the existing access easement once the public road connection to Pine Avenue is constructed." Add Provision: "The owner of Parcel S 1210325800 wishes to retain ingress and egress access to Black Cat Road via the remainder 20-foot wide travel lane of the access easement area known as W. Quarterhorse Lane where it traverses Lot 1,Block 1 of the Horse Meadows preliminary plat, a common lot. The remaining 30 feet of the easement area will include sewer and water mains to serve Horse Meadows Subdivision and a pedestrian access to Black Cat Road. The 20-foot wide travel lane will also serve as access for the City of Meridian Public Works for maintenance and repair of the sewer and water mains and for emergency access." Page 4 Page 316 Item#19. Add provision: "To restrict access to the travel lane for the exclusive ingress and egress use of Parcel S 1210325800, life and safety emergency vehicles, and City of Meridian Public Works access for maintenance and repair of the sewer and water mains, and provide vehicle stacking, a gate shall be installed approximately 100 feet from the edge of pavement of Black Cat Road; relevant parties, including parcel S1210325800,will be provided with a key to utilize the gate." B. Existing DA Concept Plan/Approved Preliminary Plat: -------- — — - e -. Nf PM AWE - - - ------- _ _---_ - - - - - - -MC 111 Nd 3 OLApI 2 $ .qIL MI,I �p 3tr .�. a. i I N I — # ,f r 1 xA IT i37C I + {ram I � 4,2}7 I - - Alk don . —I y� 3 ` MY — — '- L_. �� F F "0 #I uF f�X e35x ft - —, r �a 9Lx¢2 I al I b} +F/ L - - - - — J u I �tsd A z? I • i I s- i d ."9r.•�vTA��ti -� .' � • +wiz, Page 5 Page 317 Item#19. C. Revised Plan—area in question: p� [��/ PO-Box 405 RILEY PLANNING SERVICES flume,ID63701 3-FOOT OPEN VISION FENCE TO PREVENT ACCESS TO BLACK CAT ROAD EXCEPT AS PROVIDED 4-FOOT CLOSED VISION FENCE WITH LATTICE sq i I iF� Y F I ASPHALT PATHWAY TO BLACK CAT ROAD TURF AND OPEN SPACE AREA Ld ww r ?-FOOT WIDE DRIVING SURFACE—GRAVEL LOCKING GATE FOR EXCLUSIVE USE (Fire& Emergency,Public Works and S1 11032555) BYrACCESS TO BLACK CAT ROAD FOR PROPERTY OWNERS OF S1210325555, FIRE DEPARTMENT&PW Page 6 Page 318 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ordinance 21-1940: An Ordinance Amending Meridian City Code Section 1-5- 2, Relating to the Official Newspaper of the City of Meridian; Providing a Savings Clause; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 21-1940 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 1-5-2, RELATING TO THE OFFICIAL NEWSPAPER OF THE CITY OF MERIDIAN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to Idaho Code section 50-213, the City Council of the City of Meridian is required to designate a newspaper as the official newspaper of the City of Meridian; WHEREAS, Idaho Code section 50-213 requires that the City Council designate as its official newspaper the Idaho newspaper of general circulation nearest Meridian; WHEREAS,the City Council of the City of Meridian finds the Idaho Press,published at 1618 N. Midland Blvd., in Nampa, Idaho, to be the nearest newspaper of general circulation; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 1-5-2 shall be amended as follows: 1-5-2: OFFICIAL NEWSPAPER: The "Meridian Press," "Idaho Press,"printed and published at 1618 N. Midland Boulevard, in Nampa, Idaho,be and is hereby designated the official newspaper of the City of Meridian, and such ordinances, notices and publications as are required by law to be given publication in a newspaper shall be published in said "Meridian Press." "Idaho Press." Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 24th day of August , 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of August , 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk Page 1 1 ORDINANCE UPDATING OFFICIAL NEWSPAPER 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 b I William L . M . Nary, C1 Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 21 - 1940 An ordinance amending Meridian City Code section I - 5 -2 , relating to the official newspaper of the City of Meridian, providing a savings clause, and providing an effective date , f I I Page 3 ORDINANCE UPDATING OFFICIAL NEWSPAPER 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1941: An Ordinance (H-2020-0113 — Foxcroft Subdivision) For Annexation of a Parcel of Land Located in the Southwest % of the Northeast % and the North of the Southeast% of Section 10, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 24.567 Acres of Land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 323 ADA COUNTY RECORDER Phil McGrane 2021-126680 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/26/2021 09:28 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1941 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0113 — FOXCROFT SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTH 1/Z OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 24.567 ACRES OF LAND FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Open Door Rentals, LLC; Johnson Casey JL; Endurance Holdings, LLC; Schweiger Gary R. &Schweiger Judith L Trust; and Corey Barton. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION ORDINANCE—Foxcroft Subdivision(H 2O20-0117) Page 1 of 3 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 24th day of August , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 24th day of August , 2021. ATTEST: MAYOR ROBERT E. SIMISON CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) County of Ada ) ss: On this24th day of August ,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: - - 022 ttem#21. EXHIBIT 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 1/4 of the Northeast 1/4 and the North 1/2 of the Southeast 1/4 of Section 10,Township 3 North,Range i 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"Wast,2655.68 feet;thence on the East-West centetline of said Section 10, North 89'36'02"West,939.50 feet to the HEAL POINT OF BEGINNING; thence leaving said centerline,South 06°07'28"West,415.20 feet; thence South 42°52'02"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,241.17feet; thence North 48°32'21"West, 101.97 feet; thence North 43°5T49"West, 144.27 feet; thence North 88°li2'f2"West,50.71 feet to the Easterly boundary line of Chesterfield Subdivision No.4 as filed in Book 112 of Plats at Pages 1621 a 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.OS feet; North 39'20'28"West, 100.02 feet; North 25123'24"West, 125.16 feet; North 19121'27"West,94.89 feet; Page 1 of 2 Foxcroft Subdivision H02020-0113 Page 327 Item#21. . North 22`44'42"West,83.44 foot; North 17'25'33"West, 198.22 feet to the East-West centerline of said Section 10; thence on said centerline,South 89°36'02" 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 1712731"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 39120'32"and a long chord which bears North 37°07'47" West, 118.49 feet; North 56'4903"West, 118.30 feet to the North boundary line of the Southeast 114 of the Southwest 114 of the Northeast 114 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 30003'48"West, 063.57 foot 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, 288.34 feet to the REAL POINT OF BEGINNING. Containing 24.567 acres,more or less. End of Description. r'Ryp�L�� Page 2 of 2 Page 328 ttem#21. EXHIBIT B a aV° 600 a 300 SCALE; 1" = 300' C-S-NE 1 f64 S89'37'19"E 765,14' S.10 bpLn i I- ILn mo HERS FARM SUB tll �1 a� j BASIS OF HEARING tO• •N89'36'02'W 2655.68.......,.., -... _589'36`02'E ^- ......... 1/4 G 1 f4 C-E 1/16 388.34' N89'36'02"W 939.50' SAO N1725'33"W 1 S89'36'02"E SAO 196,22' � 39.4B' c� REAL POINT SAO 5.11 OF BEGINNING N22.44'42"W R--5 ZONE N N 83.44' t24.567 ACRES �p w N19'21'27'W Z 94.89' r 25'23'24"W 4J 125.16' N88'52'12"W � e� N39'20.28"W 50.71' 100,02' !� `2. S45'26'50'E `�P. 1.76' ` I N43'57'49'W 144.27' >? GE�SNO SG _ _i N86'51'42"W 703.34' \ x ORE0N SHORT LINK RAILROAD 11779 ?rt ��Dyr4� OF o? LINE TABLE MCC LINE BEARING LENGTH L1 N33'15'25-W 241,17 CURVE TABLE L2 N48'32'21'W 101.97 CURVE LENGTH I RADIUS I DELTA I CHORD BRG. CHORD DIST, L3 N39'43'48"W 89.05 Cl 120.85 1 176.00 39'20'32" N37'07'47"W 118.49 L4 N5648'03"W 118.30 EXHIBIT DRAWING FOR Joe H0' IDAHO ,9-�,33 SURVEY CITY OF MERIDIAN R-8 ZONE SEET NO. 9015@,IOA110 93701 I" FOXCROFT SUBDIVISION 1 a topic GROUP, LLG LOCA=IN THE rn 1/4 OF THE NE I/4 AND THE N 1/2 OF T"[SE DWI,DATE 1/4 OF 5ECTION 10,T.3N.,RAW.T1.N.,AL1A COUNTY,IDAHO 11 J19/t020 Foxcroft Subdivision H-2020-0113 Page 329 I 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 . k a / J William L . M . Nary, City Attorney i I SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214941 An Ordinance (H-2020 -0117 — Foxcroft Subdivision) for Annexation of a Parcel of Land Located i in the Southwest '`/a of the Northeast '/a and the North % of the Southeast '/ of Section 10 , Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 24 . 567 acres of land from RUT to R- 8 (Medium Density Residential) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law ; and providing an effective date . A full text of this ordinance is available for inspection at City Hall , City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary . [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — Foxcroft Subdivision (H 2020 -0117) Page 3 of 3 I Item#22. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1942: An Ordinance (H-2021-0021) — Prevail North Subdivision) for Annexation of a Portion of Government Lot 1 of Section 31, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 5.63 Acres of Land from RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code; Providing That Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance, and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 330 ADA COUNTY RECORDER Phil McGrane 2021-126683 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 08/26/2021 09:29 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1942 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0021) — PREVAIL NORTH SUBDIVISION) FOR ANNEXATION OF A PORTION OF GOVERNMENT LOT 1 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.63 ACRES OF LAND FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: Carl Reiterman. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—Prevail North Subdivision(H 2O21-0021) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 24th day of August , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 24th day of August , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ss: County of Ada ) On this 24th day of August 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 EXHIBIT A Annexation and Zoning Legal Descriptions and Exhibit Maps EXHIBIT DESCRIPTION FOR PREVAIL NORTH SUBDIVISION CITY OF MERIDIAN ANNEXATION AND REZONE A portion of Government Lot 1 of Section 31,T.3N., RA E.,B.M., Meridian,Ada County, Idaho more particuiarly described as follows: Commencing at the NW corner of said Section 31 from which the W114 comer of said Section 31 bears South 00°37'55"West,2641.54 feet; thence along the West boundary line of said Section 31 South 00°37'56"West, 1.113.77 feet to the REAL POINT OF BEGINNING, thence leaving said West boundary line North 89°39'29"East,1:184,97 feetto a point on the East boundary line of said Government Lot 1; thence along the East boundary line of said Government Lot 1 South 00°20'43"West, 206.98 feet to the SE comer of said Government Lot 1; thence along the South boundary line of said Government Lot 1 South 89°39'29"West, 1,186.01 feet to the SW corner of said Govemment Lot 1; thence aiong the West boundary line of said Section 31 North 00°37'56"East,207.00 feet to the REAL POINT OF BEGINNING, Containing 5.63 acres,more or less. N Pagelofl Prevail North Subdivision H-2021-0021 EXHIBIT B S25J S30 E. AMITY ROAD 536 S31 i 1� i r~ M r UNPLATMD RP06 N89_'39'29"E 1154.97' �4f Prn c� Q a: I0 ZONE R-8� Q m N I N 245355f s f. 7JNPLATTED pq w Lo I0 o � ¢ h A S89'39'29"W 1186.01 1 UATPLATTED N 1/4 S36 S31� r.� NIS r SCALE: 1"=100' a 7729 m 0 25 50 100 200 CS' A9y�(1�104� ' o F Q�4Y G.CAS EXHIBIT � DRAWING FOR IDAHd PREVAIL NORTH SUBDIVISION K SURVEY @209.DAHO W7�7. HQ a°'a"''°""°°"°` CITY OF MERIDIAN ANNEXATION AND RE—ZONE 1 f7MMk ylo-M670 GROUP, LLC LOCATED W WYMMENT LOT 2 OF 5EATION 31,T.3AL,P-1E,B.M., DM PAIL UEMMA ADA COMHTY,IDAHO 3PO/2021 Prevail North Subdivision H-2021-0021 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 . "I Z. J William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 214942 An Ordinance (H-2021 -0021 — Prevail North Subdivision) for annexation of a portion of Government Lot 1 of Section 31 , Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification of 5 . 63 acres of land from RUT to R- 8 (Medium Density Residential) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . f 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 j I 1 E I i i, I I I i i I I , i I iANNEXATION ORDINANCE — Prevail North Subdivision (H 2O214021 ) Page 3 of 3 i I