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2021-09-07 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 07, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Request for Reconsideration of City Council's Decision of The Oasis CR-2021-0004 and CR-2021-0005 by Brian Tsai Denied Motion to deny made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 2. Public Hearing Continued from July 27, 2021 for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. Continued to a March 8. 2022 (Re-Notice Required) Motion to continue to March 8, 2022 made by Councilman Borton, Seconded by Councilman Bernt. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 3. Public Hearing Continued from August 10, 2021 for Woodcrest Townhomes (H- 2021-0015) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way Continued to a Future Hearing Date (Re-Notice Required) A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Rezone of 2.10 acres of land from the L-O (Limited Office) to the R- 15 (Medium High-Density Residential) zoning district. Motion to continue to a future hearing date to be scheduled concurrently with the future preliminary plat application made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 4. Public Hearing for City of Meridian's Intent to Convey to the Ada County Highway District Approximately 23,816 Square Feet of Real Property at Discovery Park, Located Off of E. Lake Hazel Rd. and Adjacent to the Proposed Apex Subdivision ORDINANCES \[Action Item\] 5. Ordinance No. 21-1938: An Ordinance Authorizing the Conveyance of Certain City- Owned Real Property to the Ada County Highway District for Right-Of-Way Purposes, Consisting of Approximately 0.547 Acres, Located at Discovery Park, 2121 E. Lake Hazel Road, Adjacent to the Proposed Apex Subdivision, Approximately 1,320 Feet to the East of S. Locust Grove Road in Ada County Idaho; Authorizing the Mayor and City Clerk to Execute and Attest on Behalf of the City of Meridian the Deed and Other Documents Necessary to Complete the Transaction; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 6. Ordinance No. 21-1943: An Ordinance Repealing Title 7, Chapter 5, Meridian City Code, Regarding Golf Carts; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 7. Ordinance No. 21-1944: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 20-1892, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2020 and Ending September 30, 2021 (FY2021), Appropriating Monies that are to be Allocated by the City of Meridian, Idaho in the Sum of $(18,529,448); For a Total Fiscal Budget of $133,440,143; to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Bernt. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 8. Ordinance No. 21-1945: An Ordinance, Pursuant to Idaho Code §50-1002 and §50- 1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $185,198,966 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2021 and Ending on September 30, 2022; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50- 902; and Providing for an Effective Date and the Filing of a Certified Copy of this Ordinance with the Secretary of State Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault Voting Nay: Councilman Cavener 9. Ordinance 21-1946: An Ordinance (H-2020-0047 – Prescott Ridge) for Annexation of a Parcel Situated in a Portion of the West ½ of the Northeast ¼ and a Portion of the West ½ of Section 28, Township 4 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 128.21 Acres of Land from RUT to R-8 (Medium Density Residential) (99.53 Acres); R-15 (Medium High Density Residential) (8.82 Acres) and C-G (General Retail and Service Commercial) (19.85 Acres) Zoning Districts 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 Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 10. Ordinance 21-1947: An Ordinance (H-2021-0035 TM Creek Apartments Phase 3) for Rezone of Part of the NW ¼ of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.58 Acres of Land from TN-C (Traditional Neighborhood Center) Zoning District to C-G (General Retail and Service Commercial) 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 an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 11. Ordinance 21-1948: An Ordinance (H-2021-0025 – The 10 at Meridian) for Annexation of the NE ¼ of the NE ¼ of Section 15, Township 3 North, Range 1 West, 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 40.30 Acres (More or Less) of Land from RUT to C-C (Community Business District)(27.25 Acres) and R-40 (High Density Residential)(13.04 Acres) Zoning Districts 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 Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 7:52 pm Item#2. Meridian City Council September 7, 2021. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 7, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Sonya Allen, Joe Dodson, Steve Siddoway, 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, I will call the meeting to order. For the record it is September 7, 2021, at 6:00 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 is our community invocation, which tonight will be given by Ben Blakey with Compass Bible Church. If you would all, please, join us in the invocation or take this as a moment of silence and reflection. Blakey: Let's pray. Our Father in Heaven, we come to you tonight and we want to thank you for our community. We want to thank you for the City of Meridian and just the grace that it is that we get to dwell together in peace and safety and, God, we lift up this group right now and we lift up this meeting to you, God, for all these individuals involved, Lord, when the choices they are faced with are those of right and wrong, God, give them courage and conviction to do what is right and as they deal with so many decisions just to better and best, God, give them the wisdom to know what is best and to decide what is best or we think of just the growth in our community and ask, God, that you would just give them wisdom to lead us through this time. We also just lift up our community and those that are hurting or those that are sick. God, we pray for your healing and your grace Page 28 Meridian City Council Item#2. September 7,2021 Page 2- — and your comfort and we pray for those doctors and nurses and those on the front lines, God, just for encouragement and strength and protection for them and so we lift up this community and we lift up this meeting tonight to you and we ask for your blessing in Jesus's name, amen. ADOPTION OF AGENDA Simison: Thank you. Next item up is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Item 7 was updated for those who were looking at a previous agenda, but with that said, it was -- it was updated and corrected. Just wanted to make that point before made my motion. With that said, I move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. ACTION ITEMS 1. Request for Reconsideration of City Council's Decision of The Oasis CR-2021-0004 and CR-2021-0005 by Brian Tsai Simison: Okay. Then with that we will move into action items this evening. First item up is a request for reconsideration of City Council's decision of The Oasis, CR-2021-0004 and CR-2021-0005, and turn this over to Mr. Nary. Cavener: Mr. Mayor? Simison: Oh. Cavener: I don't mean to usurp Mr. Nary, but before maybe we begin this item I just -- I wanted to be up front on the record. I wasn't at -- attended this meeting in person. I Page 29 Meridian City Council Item#2. September 7,2021 Page 3- 37 watched the vast majority of it online live from a hotel room in Washington D.C. and, then, went back a couple days later and watched the entire meeting in its entirety. So, I feel I'm up to date on this issue and feel that I'm able to participate. But if Members of the Council have got any concerns I'm happy to be here to discuss it. If not I plan to proceed as -- as normal. Simison: Thank you. Cavener: Thank you, Mr. Mayor. Thank you, Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. So, what you have in front of you is a request from the property owner Mr. Tsai for a reconsideration of the decision made by the Council in this case. He has raised some issues here in his letter. So, the way our request for reconsideration process works -- it's not a public hearing, so this written communication is what you have to make your decision on. If you have any clarifying questions that you are unclear of that were raised you can certainly ask Mr. Tsai. I believe he is here. If you have any -- just to clarify it -- again, it's not testimony, there is no testimony from anyone else either. The decision point for the Council is either to uphold the decision that was made and deny the request or to reverse the decision that was made and grant the request and, therefore, then, set it for a new hearing and that would be a new public hearing that would get noticed and such as we have done previously and the third option is if you think there is an issue or concern you have about the findings that were issued in this case that were approved, you could remand it for simply the findings to be re -- redone, so -- Simison: Thank you, Mr. Nary. Council, any questions for Mr. Nary? Then, Council, I will turn the conversation over to you for any additional information you need. Clarification. Comments. Motion. Direction. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I'm okay to make a motion if there is -- there is not anymore discussion amongst the body. Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we deny the request for reconsideration of the City Council decision of The Oasis, Item No. CR-2021-0004 and CR-2021-0005. With that in mind, Mr. Nary, do we have to get -- do you need further comment for the record or could we just go off of what our previous decision was? Nary: I guess just be clear and I presume this -- Simison: Mr. Nary, before you do that -- Page 30 Meridian City Council Item#2. September 7,2021 Page 4 of 37 Cavener: Mr. Mayor, I will second the motion. Simison: Motion and second. Nary: Thank you. Sorry. I apologize. I'm assuming that you have reviewed this letter and don't -- and don't believe it's risen to the level that requires a reversal. I know that was implied, but I just wanted to be sure that's -- that was the basis, so -- Bernt: That's exactly right. Second agree? Cavener: Yes. Simison: Is there discussion? Councilman Borton? Borton: Yeah. Thank you, Mr. Mayor. I -- I looked at that August 27th, 2021, letter that Mr. Tsai provided for the request for reconsideration and -- and it raised some -- some -- some kind of procedural and substantive questions that -- that I think were the basis of their reconsideration, but when I looked at what -- what took place at the public hearing and -- and the volume of information that the Council was provided, both from the public and from the applicant, I agree with the motion maker, I think that record sufficiently explained the -- the dialogue and basis for the ultimate decision that was made, after gathering all of the input from all the parties involved. Our staff included. So, I didn't find anything sufficient within the August 27th request for reconsideration that would warrant changing the decision. So, for all of those reasons and the reasons set forth on the record at the original hearing, I'm supportive of the motion. Simison: Thank you. Council, any additional comments or questions on the motion? Okay. Ask the Clerk to call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes and the motion carries. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 2. Public Hearing Continued from July 27, 2021 for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. Page 31 Meridian City Council Item#2. September 7,2021 Page 5— 37 Simison: Next item up is a public hearing continued from July 27th, 2021 , for ACHD Ustick Maintenance Facility, H-2021-0029. I will turn this over to Joe to get some questions and comments first for -- Dodson: Mr. Mayor, yes. I just wanted to -- if the Council would like me to reiterate anything from the previous hearing I can, but just I guess to reiterate, we continued it in order to work with the applicant on ACHD's maintenance facility staff to figure out some better language. It was my understanding that we came to an agreement on this revised language in response to that. The ACHD commission sent a letter, as I hope you guys have all read, that requested a six month continuance from now. So, I believe -- my understanding, unless something's changed, that the motion tonight that is being requested by the applicant is to a six month continuance and other than that I do not have any other updates. Simison: Thank you. Council, questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, those letters were dated on this same day, Joe. Is it possible to just-- they got crossed or were there two different parties -- was -- I guess I'm trying to understand how we are working on that wording and, then, we get a letter basically back the same day. So, were the --the different parties that made those decisions aware that, you know, this was being worked on? Because I believe the letter came from an ACHD commissioner and not the staff and that the staff was working on those wordings in the DA provision. So, is that kind of what happened? I'm just trying to understand what's transpired. Dodson: Sure. Council Woman Perreault, Mr. Mayor, I can't speak exactly to what happened behind the scenes for them, but I do know that a few days prior to the first we were working on the language, semi agreed to it, then, send out that final report. It was that -- later that day that I believe the applicant Representative Becky and ACHD took that to the commission and they met on it. So, that's why -- and, then, we quickly did receive a response back. So, I don't think it was something that they didn't see. My understanding is that the commission did see that and so the response is based upon this, as well as probably the overarching discussion. Simison: Would the applicant like to come forward? Price: Sure. Steve Price, general counsel for the Ada County Highway District. Mr. Mayor, Council Members, I'm here really -- the commission has asked for a six month deferral to May 8th, 2022. 1 think the letter speaks for itself and I'm happy to answer any questions. I would like to -- in advance I would like to thank your staff, as well as Mr. Nary for meeting with us and working through some of the issues. But the commission has decided to go ahead with the letter. Page 32 Meridian City Council Item#2. September 7,2021 Page 6- 37 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I watched that commission meeting. Can you clarify -- in our -- in our last hearing and in the letter that we received as well there has been statements made that the city is requesting an additional amount of -- what's the word? An additional amount than we -- that--from ACHD because of the nature of what you do beyond what we would any other applicant for a land use application and I'm wondering if the staff had had an opportunity to make clear what we would ask any applicant -- any private applicant on a land use for as far as providing sidewalks and all those things. Has that been clarified? Is that more clear to the commission and the staff than it was since our meeting? Price: Mr. Mayor, Councilman Perreault, the -- it's a particular opinion within the district that a ten million dollar project in our five year work program that's being exacted for a project that only generates probably two to three hundred trips per day is inappropriate. I think it's a bad practice. I think the view is it's a bad practice, that as part of any development application that a condition of that -- a development application is to pick a project within the five year work program for improvement. That's -- that's a view that's held by commissioners. Simison: Council, any additional questions at this time? Okay. Thank you. And with that, Council, do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we continue H-2021-0029 -- I guess it would be a six month continuance. So, that puts it to mid February. I guess maybe we need to have a date specific? If there is a date -- Simison: We had a date of March 8th? Nary: Correct. Simison: On March or May? Which one was it? March 8th. Borton: To continue it to March 8th, 2022. Thank you. Hoaglun: I will second the motion. Simison: Have a motion and a second. Is there any discussion on the motion? Nary: Mr. Mayor? Page 33 Meridian City Council Item#2. September 7,2021 Page 7— 37 Simison: Councilman -- Mr. Nary. Nary: Would part of that motion be to renotice the project? Borton: Yes, please. Hoaglun: Second agrees. Simison: Second agrees for that. Is there any further discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the item is continued. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: See you guys in a couple weeks. 3. Public Hearing Continued from August 10, 2021 for Woodcrest Townhomes (H-2021-0015) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Rezone of 2.10 acres of land from the L-O (Limited Office) to the R-15 (Medium High-Density Residential) zoning district Simison: Next item up is a public hearing continued from August 10th, 2021 , for Woodcrest Townhomes, H-2021-0015. I will open the continued public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. This application was continued from the August 10th public hearing in order for the applicant to prepare a parking analysis for the overall area and that was submitted and is part of the record. The analysis that was submitted addresses the estimated parking demand for the proposed development and the existing parking supply and demand on adjacent commercial lots, which determined there is adequate parking for the overall area. The applicant will provide more information on this study in their presentation tonight. Simison: Thank you, Sonya. Council, any questions for staff? And would the applicant like to come forward. Womer: Good evening, Mr. Mayor, Members of the Council. Blaine Womer -- oops. Sorry. Blaine Womer representing the applicant on this project. Our offices are located at 4355 Emerald Street in Boise and, yes, last time we were here parking -- and the joint Page 34 Meridian City Council Item#2. September 7,2021 Page 8- 37 parking between the two uses seemed to be the topic of hot discussion. So, what was suggested that we prepare a parking analysis of -- of the entire center, including the commercial uses, office, and the proposed townhome project. So, that's what you have before you tonight. I'm happy to go into whatever detail you would like to discuss, but -- but, basically, the study analyzed the parking requirements for the townhome project on its own and, then, it analyzed the parking uses by going out and actually doing field counts based on the --the highest and --well, the peak use for the parking lot and the commercial uses there and that was analyzed and it was found that there was more than sufficient parking available for the collective uses there, as well as in light of the fact that there is a reciprocal parking access agreement for those parcels. So, again, I think the study speaks for itself, but I would certainly be like happy to try to answer any questions the Council may have. Simison: Council, questions? Bernt: Mr. Mayor? Simison: Mr. Borton. Borton: Can the applicant or Mr. Nary comment on this cross-parking agreement? Do you literally have a recorded cross-parking agreement that encumbers the Louie's property, for example, with a right benefiting their parcel to use their parking? Womer: Actually, yes, there is a cross-parking agreement for the entire commercial subdivision there and that includes this parcel as well. What we are doing, though, because our use would be a residential use, we are proposing to have the cross-parking -- our property removed from that -- from those CC&Rs and, actually, have written into our CC&Rs the parking in -- anywhere other than the townhome project for the townhome uses is not allowed. So, the -- I don't know if that answers your question, but, yes, we are a part of that. There is a -- an existing recorded cross-parking agreement for the commercial uses that includes this parcel. Borton: It does. Thank you. I thought that was -- I seem to recall -- I thought that that was one of the concerns in the prior discussion, whether there was a -- a binding legal right that encumbers the property or is it just a cooperative friendly agreement. Womer: No. It's written into the CC&Rs as a recorded document. Borton: Okay. Simison: Council, any additional questions for the applicant? Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 35 Meridian City Council Item#2. September 7,2021 Page 9 of 37 Cavener: Blaine, I know one of the other rationale of the continuance was for you to engage with the neighbors, particularly about the elevations on some of those units that were going to butt up against the existing neighborhood. I see in the letter to staff you guys didn't make any changes. I'm just curious if you can give Council a flavor of what those conversations were like with the neighbors and what ultimately resulted in not making any changes? Womer: Well, we are -- we are not not making any changes. What -- what we have chosen to do is the preliminary plat is going to come back to you with a site plan. It's going to show the details of the actual dimension setbacks, things that we can get into in a little more detail with the preliminary plat. We are open to moving things around and there is -- if the property owners -- any of them that are affected by this want to discuss that, we are more than happy to discuss it. We just --we still have to get through this part before we bring a preliminary plat to you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to make sure to summarize so that I'm understanding, so you are going to be removed from the cooperative parking agreement with commercial properties. That's going to be your request. Womer: That's correct. Perreault: In your CC&Rs you are going to require all residents to park on property that is -- that they are permitted to park on within the development. Womer: Correct. Perreault: And, then, there are nine additional spaces that aren't dedicated -- dedicated to a unit. Womer: Correct. Perreault: And, then, the parking study analysis that was done says that you should only need 27 spaces for 19 units. Womer: Correct. Perreault: Which is less than what the city is requiring. Is that -- is that right? Womer: Less than what the city is requiring? Perreault: Yeah. I -- I can't remember. Sonya, did you put in here how many spaces the city was requiring in the summary? I don't see it. Page 36 Meridian City Council Item#2. September 7,2021 Page 10—37 Allen: I don't believe I did. Are you asking about the residential portion of -- the permit? Perreault: Yeah. Is the city not going to give that number until the plat is proposed or -- I can't remember off the top of my head what the staff report said. Allen: Well, the two units -- or two parking spaces are required for each unit. I believe those -- the applicant can confirm that, but I believe there is garage spaces, as well as parking pad spaces, and they are in excess of the code requirement. Perreault: Okay. Womer: Correct. The -- the actual driveways of each of the units, the two -- the double car garage will have two, obviously, and the single car garage one and those actually weren't even taken into account in the study. So, there will be extra parking beyond what even the study says. Perreault: The garage spaces were not taken into account? Womer; Right, because -- well, they counted the garage spaces and they counted the separate spaces that we have shown on our concept plan, but they did not include the actual driveways, which will have parking available. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, to follow up with that, you -- you have -- so, exactly what is your total, then, if you are including everything that -- Womer: Well, if you were to -- Perreault: Because -- Womer: We -- we have 40. Perreault: Yeah. Womer: Like the study said. But if you were to add the parking literally in front of the garages as additional parking there would be 31 more spaces. Now, I think that might be a bit aggressive, because a lot of people that have two car garages park one car in there while they put all their stuff on the other side. So, I don't know -- I wouldn't stand here and try to sell you on 31 spaces, but there would probably be a good 15 extra spaces that this study doesn't address. Probably conservatively so. That's why they did what they did. Perreault: Okay. Thank you. Page 37 Meridian City Council Item#2. September 7,2021 Page 11 —37 Simison: Council, any additional questions, comments for the applicant? Okay. Thank you. Womer: Thank you, Mr. Mayor, Members of the Council. Simison: Mr. Clerk, did we have anyone sign up for the public hearing? Johnson: Mr. Mayor, five people signed in. Two stated that they wished to testify. First Steve Calverley. Simison: Please come forward and state your name and address for the record, be recognized for three minutes. Wait -- wait until you get to the microphone, please. Calverley: Normally you can hear me anyway. 2561 Grapewood. Steve Calverley. have got a question first. Why would you remove from the reciprocal parking agreement? That takes a lot of stress off our roads by them being in that reciprocal parking agreement. I have a lot less fear if they can park at Louie's instead of going on our connecting road. So, I don't -- I don't understand that. I don't know why that would be to the advantage of the community or to the vantage of -- of the -- certainly the homeowners. I guess when I purchased my unit -- I think the terminology is legal certainty and what I don't understand is that you live a -- live, work, play environment that we have in that neighborhood, we have got the dining at Louie's -- I don't understand. There is plenty of commercial opportunity there. You could put a medical office. You could put a bakery, daycare, et cetera. We have got plenty of new apartments. We have plenty of new townhomes. I don't know why it has to be there. And I think that that wasn't what was sold to those neighbors when we all bought our houses and so that's the one thing I just view as -- I don't understand what the need is and I certainly can't -- I have seen a lot of these type units coming in and I really don't see that there are sufficient parking and I understand the 40 parking spots, et cetera, but I haven't seen that work that way, because most of those people don't park in their garage, they park on the street and so, anyway, that's -- I think the thing is the live, work, play is the big deal for me, but one thing is I would require them to not remove from the reciprocal parking agreement. I think that's a big deal for our neighborhood. Thank you. Questions? Simison: Council, questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Steve -- and I don't mean to put you on the spot, but since you live in the neighborhood just can maybe help. Are there any homes that take access into their driveway off in North Hickory? Does North Hickory just serve all your other neighborhood streets where the homes take their access? Calverley: I believe that's true. Page 38 Meridian City Council Item#2. September 7,2021 Page 12 of 37 Cavener: Okay. Thank you. Calverley: You bet. Simison: And just for the record, the -- unless it's in the DA, whatever they do within their subdivision regarding cross-parking is not subject to the actions of the City Council on this issue. So, it's really out of our hands to a certain extent, just so you are aware. Calverley: Okay. Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a question for -- maybe Mr. Nary can comment. The phrase that was just used reciprocal parking agreement, is that a -- it's not a document I see in the application anywhere. Is that a recorded document distinct from what's being referenced as a CC&R obligation? Nary: Mr. Mayor, Members of the Council -- and maybe Sonya might have a different perspective, but that's all I understand that is. It is part of their CC&Rs for that commercial subdivision. When this property was annexed in 1992 the city did not require a DA at that time and so there is no agreement with the city to require cross-parking there. So, there may be cross-access there, but there -- and the cross-parking may be imposed on themselves, but it's not a city requirement. Calverley: One other thing. He did mention the floor unit complex is directly behind my house. I would have a preference to move that over to the empty field, if they are capable of doing that. That would be definitely less invasive than having a four unit two story behind my house. Simison: Thank you. Calverley: Thank you. Johnson: Mr. Mayor, next is David McDonald. Simison: And if there is anybody online that would like to provide testimony, please, use the raise your hand feature at the bottom and we can bring you in for comments. McDonald: Mayor, City Council, I seem like I keep coming to all these hearings, but Dave McDonald. 2579 East Grapewood. I'm neighbor to Mr. Calverley here. You know, there is a lot of concerns here that I don't have with -- obviously with the -- you know, the dental office type model that was slated earlier, but long story short, I did research the original hearing where it was discussed about the -- the requirements for cross-parking agreement and removing that sends more red bells up the flagpole, because we definitely Page 39 Meridian City Council Item#2. September 7,2021 Page ——" -- with 4,000 cars on that collector cannot afford any parking on Hickory. It's a disaster if that would happen. And the cross-parking agreement for the five lots in the subdivision was recorded as part of the -- the final plat hearing in February 4th, 2003, to be part of the plat. That was what the discussions were covering as a requirement in that meeting minute for that hearing. So, with cross-parking -- and the reason why it was put in there from the meeting minutes was there wasn't enough parking to be contained within the lot for Louie's restaurant. We needed to spill out into the other lots and we see that. We know that. Removing the cross-parking and saying that those are available as options also are seeming to be in -- in contrast to all of these unauthorized parking signs you will be towed on most --well, all these lots. You can see them prominently on every entrance for the tanning salon, for the restaurant, for the mortgage place. I think the bank is the only one that does not have that. I have exposure to human factors and -- and usability type engineering when the -- when I deal with projects that I deal with. There is always the issue of what works on paper doesn't necessarily work in real life. Five lots closest to Louie's, for instance, aren't usable readily for the -- for the residents there because of accessibility. I'm assuming there is a vinyl fence that's probably going to be blocking off the gazebo side of this project. I posted a lot of questions on this and, you know, there is also the questions regarding consistency between the concept plan and the preliminary plat. If you approve based on the only thing we have right now is the concept plan and things change significantly, does that violate that consistency requirement? The other thing about this -- the unit is touting the smaller units as a one bedroom unit. I'm counting that there should be an office or a second bedroom on those units and the ones that are being counted as two bedroom units has room for a third bedroom or an office. If you max out bedroom utility -- because one of the things that I have been looking at is my example townhomes and if you look at these closely, these renderings match very closely what this project is. There is a potential of 36 bedrooms if I don't use any of them as offices for these larger units. There is a potential of 14 bedrooms for the smaller units if I don't use any of them as offices. If I take ten away because they might be used as offices or storage or whatever, I'm still more than is being counted as potential people with requirements for this unit. So, I just urge you to really say does it work in paper. Does it work in reality. I'm observing from the townhomes that I have been looking at, all of the parking spaces were used up and they were still parking on the streets adjacent to the units. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. McDonald; right? McDonald: Uh-huh. Cavener: It's nice to have you back here. You know, I have appreciated your testimony a month ago and when you have been here a few times about different projects that are Page 40 Meridian City Council Item#2. September 7,2021 Page 14 of 37 here. I think you bring a certain pragmatism that sometimes we don't always get at City Council. So, I appreciate you being here. My question is -- is particularly about Hickory Way, because I think that to me is the biggest area of concern about cars parking there. We see all the time apartment complexes with ample parking, yet people still park on the streets, because it's closest to their front door and what -- at least what I'm seeing here with this particular project is that at least the layout that's before us is there has been some thought to try and prevent that. I'm just curious as somebody who has watched a lot of these different projects come in and -- and I'm sympathetic with the concern about Hickory, is there something that you would rather see done with the layout that would further prevent additional cars from parking along Hickory? McDonald: Well, using the example townhome project that I have had, they had little islands of parking between a few of the units that allowed for eight -- eight vehicles to park in there. You see the little sliver of four units parking up towards the -- the grassy area by Hickory, you see the five unit parking area really more convenient to Louie's and that's typically always filled with Louie's parking right now. I pretty much considered those a gimme to the Louie's restaurant. I really don't consider those in the location -- unless they were moved closer to that private drive or at some sort of parking island more accessible to and from that private drive, it might ease the concern. Thank you. Simison: Council, any additional questions? Okay. Is there -- so, there is only two that indicated they wished to testify. Is there anybody else that would like to provide testimony on this item? Okay. Seeing no one, would the applicant to come forward for final remarks. Womer: Mr. Mayor, Members of the Council, Blaine Womer again for the applicant. I guess what I would say in elaboration with respect to the reciprocal parking agreement is the reason we are talking about taking it out is because we don't need it. The Institute of Transportation Engineers has done an awful -- I understand what's on paper may not always reflect what's going out on the field, but the way you mitigate that is you do the absolute best you can with respect to field data and that's exactly what happened here. The traffic engineer that we hired to do this went, met with the restaurant owner, who is by far the largest user of parking out in this development -- by far as you can see. They -- they found their -- their -- their peak times, their peak and, then, their second peak. They went out there and did the counts during those times and they came up with what they did, which if you read the report gives us a significant margin -- a factor of safety if you will and so we don't need the reciprocal access agreement, we need 27 spaces. What we are showing now on the plan is that plus 13 and as we discussed earlier, the additional driveway potential parking even adds to that. So, there is -- there is no reason we need to be still as a part of that agreement. That seems to be the biggest concern of Steve -- and I apologize I didn't get his last name, but Mr. McDonald as well. So, with that I would be happy to answer any questions the Council may have remaining. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 41 Meridian City Council Item#2. September 7,2021 Page ——— Cavener: Blaine, I can't remember, one of the pieces of public testimony touched on a -- there was some concern about a fence being in place that would kind of impede potential residents from parking in that --those parking stalls near Louie's and being able to access their home. I didn't see anything that spoke to that, but I very well could have missed that. Can you elaborate if there is anything articulated or planned to be a vinyl fence or any type that would prevent people that are parking in those -- the southern stalls from being able to access the pathway and the gazebo to get to their home? Womer: No, I don't. Cavener: Mr. Mayor, a follow up. Simison: Councilman Cavener. Cavener: Blaine, apologies if you touched on this a month ago, I missed -- missed this in the notes potentially. Why not add parking stalls there on that common space that's -- I don't know. Womer: Are you talking about the southeasterly portion of the project? Cavener: Yes. Womer: No reason we can't. We had to throw out something and we thought that we came up with a number of spaces, both in that area and, then, a little further north by the -- closer to where our road intersects Hickory we have I think five spaces there as well and we just spread those out as best we thought we could for this -- for this plan. There is nothing keeping us from adding more. Again, that was part of the study is to see what we really need and I think we are sufficiently parked, but if there is -- if there is some compromise we need to do and we are open. Cavener: Mr. Mayor, just for -- Simison: Councilman Cavener. Cavener: I do think that you are sufficiently parked on paper. I think you touched on that, you know, people park in their driveways because their garages are full of stuff. So, I get you -- you counted garage space, but not drive space. I think that kind of evens out. For me it's always, again, about -- I touched on this earlier. You got complexes that are -- have the appropriate amount of parking, but it's not in the close proximity to where people live and so they are always going to find the path of least resistance and I think that southeast common lot creates some good opportunity for I think a big chunk of your units for people to park there, as opposed to other places, which, then, kind of exacerbates and pushes it back -- Womer: The closest distance between two points being that straight line. Right. Yeah. Page 42 Meridian City Council Item#2. September 7,2021 Page ——37 Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Yeah. In my opinion you are going to -- going to have at least two vehicles per unit, one bedroom or two bedroom,just depending on, you know, even -- even if you have a couple that's living in a one bedroom they will probably each have a vehicle and so your 40 spaces are taken up there with your 19 units and, then, that really doesn't leave a whole lot of room for guests and -- and so -- and I don't know how much you pay attention to what we do up here with our various applications, but we are consistently having conversations about there not being enough parking, even when we -- even when applications are meeting what seems like a reasonable standard and so that's the root of where this is coming from is that it's a constant conversation we are having here and it's just that we have scenarios where, you know, it -- there are more people living together than there ever has been because of the cost of renting and the cost of housing and so we are preparing for the fact that there may be additional vehicles in multi-family types of properties than we have accounted for in the past. Womer: And I know exactly what you are talking about and I certainly am sensitive to that. I have had quite a bit of experience with subdivisions where the builder came in with five bedrooms, six bedrooms, because a couple of them are going to be offices or play rooms or whatever and, then, it turns out that in times when rents get tight that people start -- more people start moving into the house and pretty soon a two car garage, even a three car garage with a -- with the driveway up front is not sufficient. So, I think that's where this project maybe breaks that mold a little bit, just because it doesn't have the opportunity for the multiple bedrooms. I totally agree that there is every chance in the world that the one unit or one bedroom unit could have people with two cars, but I think if that were to happen that, again, we have the -- the garage and the driveway and I think we still meet what we need to. I am, however, more than happy, as we go through the preliminary plat process, happy to discuss adding more parking at the southeast corner there to -- to mitigate some of that. Simison: Council, any additional questions or comments? Okay. Thank you. Womer: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just to kick off comment, I -- I'm still lost on this one issue and maybe Sonya can -- can clarify it, but I just don't see any of the stuff in the record. The staff report references -- with regards to parking the staff report references a proposed DA provision -- or a DA with the provision to address the parking, but there is not -- and in the proposed language I don't think under the CC&Rs are in reference to this development coming out of the CC&Rs and one of the parking provisions in it. So, we are sort of flying blind to be able Page 43 Meridian City Council Item#2. September 7,2021 Page 17—— to articulate any condition that addresses parking specifically, because there is not any documents to look at. There is no reference to anything or suggested language. So, it's -- to me it seems super loose and hard to define. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just to kind of -- got a lot of loose ends here and want to make sure we -- we understand moving forward what possibly could happen. You know, we have got A and B here in front of us, amendment to the Comprehensive Plan future land use map, changing some of the property from commercial to medium high density and also rezoning 2.1 acres from limited office to R-15, medium identity residential. So, it's -- it's going from a commercial office property to -- to residential would be what we are looking at and we had concerns about parking from the commercial areas and how that would impact if this does become residential, would there be spillover from that into the residential. So, they brought forward the parking plan and --which seems to say that, no, there is not going to be a conflict of those overflows from commercial to -- to residential. So, now it sounds like we are -- we are also -- and rightly so -- concerned about, well, what will the impact be for residents, you know, going into commercial, should there be that cross-access agreement, cross-parking agreement and in some ways I think that's a protection for residents that not -- to have that, but I don't know and I guess are the questions we are trying to answer at that next stage for when this comes before us for preliminary plat and we go, no, we need more parking here, you need to move that there. Residents don't want that there. They don't want a two story, they want single story and all those things. However, I'm versed enough in this to know that sometimes when -- when you are -- you are changing the comp plan and the rezone that's when you can do the things that need to be done, but -- and I don't know if this is Sonya or Bill, when we go to that, if -- if we go to that next step, is that something that we can really work on mitigation of some of those other details? I mean to me what they are asking for -- it hasn't been commercial for many, many, many years and it's not likely to go commercial. So, what do we do with that land. Is the request for residential appropriate and as we are moving forward we wanted that parking study. That is done that showed there isn't an impact, so where does that leave us? Nope, it's going to remain commercial or do we move forward to the next step, but, then, how do we mitigate the issues that are being brought up now based on this site plan, which may change when the applicant comes forward to us next time. So, how much -- how much pull do we have in the next step if we are to go to that next step? Allen: Mr. Mayor, Councilman Hoaglun, all good thoughts and questions and considerations. Right now this is just a rezone request, so it is just a conceptual development plan. So, if there is something you don't like about it it should be pointed out and maybe corrections made to the plan or conditions placed in the development agreement accordingly. However, staff will be looking at the parking to make sure it meets the minimum standards with the preliminary plat application, which will also go before you and you will have an opportunity then to comment. But, like you said, now is your Page 44 Meridian City Council Item#2. September 7,2021 Page ——" opportunity if you want anything in the development agreement above and beyond our minimum standards to place it in the -- the development agreement. If we wait until the preliminary plat level we really don't have that ability at that time, it's just more if they are meeting the minimum standards or not. Mr. Nary, if you have anything else to add. Nary: Mr. Mayor, Members of the Council. I would agree with Sonya. I mean, again, the opportunity to form the DA is now with the -- with the rezone. Again, I think the conflict or concerns were expressed at the last hearing was, again, you can restrict this property and what they can do, but we cannot restrict the adjacent property and so that concern about the commercial spillover was what the Council discussed at that time. Again, we can't really effect that. We can't effect this one. But, again, you have heard both good and bad on that, too, so -- Simison: So -- so, Council, I'm going to add nothing of value to this conversation, but -- but sometimes I think it needs to be said just from a very practical standpoint, whether or not the rezone and you want to move forward. I just encourage the owners of Louie's, whoever is managing this area to be very diligent in working with one another, because I am really concerned when I see all these unauthorized parking signs. This development once developed is going to impact Louie's more than it's going to impact the residents that live here, because it's going to push people from where they are currently parking into other places they have not parked before. I was at Louie's for lunch attending the Kiwanis this last week and University of Idaho was there and others were there. It's busy during that time frame and people are parking in this dirt lot currently. So, what's going to change the area as this area redevelops? I think people that are having businesses there and living there are just going to be very cognizant to work together to figure out how it's going to impact whatever occurs, because it's not going to be the same. You know, people from Louie's are going to have to go to a different area to park if there are not a lot of cross-access into these areas and the people here can't cross-access into Louie's, they might have to go over to the Meridian Trophies -- well, are they going to get -- get towed? We don't want that to happen. I think that's the end result of whatever decisions are made. We want people to have adequate parking. We want people to access all these restaurants. We want people to be able to get into their homes and have neighbors over in the evening. Working together to try to figure that out as -- as this moves forward I think is an important part to make sure parking is in the right place for the right reasons at the right times. So, little value, but I just want it to be said that I think there are solutions here, but you are going to have to work together to figure it out. Otherwise, it's going to create a big mess in the future and since we don't have a DA agreement or provision, the city's involvement -- and that is going to be very limited from that standpoint and it will create unhappy residents, it will create unhappy customers and that's what we want to avoid. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Amen, brother. You nailed it right on the dot. Good job. Great explanation. Page 45 Meridian City Council Item#2. September 7,2021 Page ——— Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We haven't closed this public hearing, so I wouldn't mind hearing from Blaine. What -- Simison: And I think maybe -- you might have someone over here that's part of your team that would like to speak as well. Hoaglun: And my question is, I guess, you know, you see the issue we are wrestling with here and -- and the DA kind of is the vehicle to allow us to, then, make sure moving forward things are going to be done appropriately. Now, it's just a matter of figuring out what--what is appropriately. You know, from your perspective or what the residents there now, from what the Council sees. So, I look forward to your comments. Womer: Well, I think we are on the same page, because the -- the project is required to provide a development agreement and that development agreement is going to be a document that should have the preliminary plat coming along with it, because there may be issues that come up during the preliminary plat process that we want to incorporate into the development agreement. So, I think the development agreement is the way Sonya has it as a condition of approval and the project itself is perfectly timed. So, I just don't think you would want to enter into a development agreement until the preliminary plat was completed in process and so it goes along and it tracks simultaneously. So, that's -- that's my take on it. I just think it would be better for everybody involved, both my client and the city, to have the development agreement mature as the preliminary plat process goes through the process, so -- and, again, we are extremely -- we are sensitive to the parking issue, that's why we had -- we were very encouraged with this report and not like I said before, it was based -- it's based on -- on -- on real field data and it's not just out of some book somewhere. So, I hope that answers your question. If there is anything else I can do before you close the public -- Simison: And I think your applicant wanted to join you at the podium. Womer: Then I think you are going to hear from Louie. Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, maybe before the -- the owner comes -- and Sonya might be able to answer this as well, but maybe the solution to the concerns that Council has -- because there is no application for this project. There is an application to change the comp plan and there is an application to rezone. But rezone is when a DA is allowed. It's hard to form a DA when I don't know what it's going to be. If the Council desires to simply grant the use -- the change to the Comprehensive Plan to allow them Page 46 Meridian City Council Item#2. September 7,2021 Page 20—— to, then, apply -- submit a preliminary plat with the conditions that Planning could, then, review, that might be a better sequence of this than trying to do a rezone now. I don't know, Sonya, is that off base? That seems to be like how we would normally go through the process. Allen: Mr. Mayor, Members of the Council, Mr. Nary, yeah, the applicant opted not to submit a preliminary plat at this time to go with the rezone and the comp plan amendment. So, yes, typically we would like to see that with the development agreement. The other -- the other option is to -- and I'm not sure timewise we can do this, Mr. Nary, but to continue this application out until the preliminary plat catches up with it and act on them all together. Nary: Certainly either one of those paths -- but I think that would maybe resolve some of the concerns is we can tie them together. Right now I don't have anything to tie to it, other than to say there is a development agreement that will have to be modified again. So, I'm not sure that that's really fruitful. Simison: Okay. If you could state your name and address for the record. Mullane: My name is Louie Mullane. I live in Eagle, Idaho. And I'm the culprit that bought that property in 1995 and when I bought that property there was seven acres. People used to hit golf balls in there on that and there are people around here who probably remember that. There was no roads -- no roads there. We built the restaurant and we put the road in. They wanted it to come all the way down to Hickory and we followed the -- what they want and it -- and, then, came D.L. Evans. D.L. Evans built their building. Ron came and built his building. Is what we created -- and I think I -- I have tried to explain this to the Council. We have got a runway. They come from the back -- they already do and I would love to show you. I'm there most days. I grow basil and I grow the oregano and I'm -- I'm the gardener and I'm the one that cleans the front ditch for the city constantly and I can tell you exactly what happens day after day after day. They come up that Hickory Road, they go past -- past the back of Louie's and they are going to lose that little spot there with this sale and, then, go through the Blazer building -- I still call it the Blazer building and out. They got three ways. They can go Hickory. They don't do that very much. They come the Louie's thing and, then, they go through. I need to explain about eight years ago we had one of our light towers go down and the policemen were terrific, they found that -- that was not a customer of ours. Those people had put -- the person that parked there knocked over the tower -- ten thousand dollar light tower. Just six months ago we had another light tower go down. Again, they were not in Louie's. So, the way this thing is -- and it -- anyway, they have got complete access to our -- our back and sometimes somebody's little kid is going to come off there and get hit I'm afraid. would love you to come and just see what happens. I can show you in a half hour what happens. It's not -- this building is not going to affect that at all. Obviously. It's already happened. So, you might as well understand that. They are coming out of -- instead of going to Hickory and to the stoplight, they are coming through their -- who complains about the -- the speed bumps. You know why we had to put those speed bumps in? Because they were coming so fast up that road we did it. So, we are the culprits that built Page 47 Meridian City Council Item#2. September 7,2021 Page 21 —" the speed bumps to slow things down and we won't put them any lower. They are going to stay high. They are doing it -- trying to -- trying to be safe -- trying to be good citizens. We are not -- we are not trying to do anything that hurts anybody. The damage is already there. I can tell you with this coming through and some of them way too fast and they are not headed to Louie's, they are headed out on -- and I will guarantee you, the Ewing family is not going to let that continue I will bet you and you know that -- who owns that property next and the idea was good in the beginning in 2000. Let's have a road so they can go down and avoid getting on Fairview and I remember exactly. That's what that was for. So, we are going to have a back road to catch these buildings behind. My friends it's not working and I'm just there -- a gardener trying to help a little bit and I'm watching -- I'm -- I'm old, but I'm still aware. I have poor hearing, but good eyes and so that's all I have to say. Simison: Thank you. Any -- Mallane: Do you have any questions for me? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: While he's here, Louie, from a parking perspective, you know, you are busy, you are a great restaurant, we love having you in this community and there are busy times, but do you think there is still adequate parking? I mean their parking study showed there is adequate parking. From your just visual perspective still -- still room for -- for customers to park without having to really -- I mean mainly for convenience reasons they go out, but for -- for parking, if people want to come to your restaurant, there is room to park; is that your perspective? Mallane: Well, we have plenty of parking, you know, and we have a lot of overflow parking come into our parking lot, which you guys are not -- are all aware of, but the danger I see is the cars coming through with no intention of looking for a spot. If they were going to come in and look for a spot they are not going to be going 20, 25, 30 miles an hour, they are going to be looking -- but if they are not intending to get a parking spot -- I wish you would see -- just come down and I will show you how fast they go through there. We need to put speed bumps along there now. Hoaglun: Well, Mr. Mayor, it's an intriguing invitation, but I'm just afraid that he would put us to work cleaning out the ditch. Bernt: Mr. Mayor. Maybe give us some pasta. Hoaglun: Thank you. Appreciate it. Simison: Blaine, did you have any additional -- Blaine, do you have any additional comments? I guess does Council want to hear the -- ask the applicant to respond to what Page 48 Meridian City Council Item#2. September 7,2021 Page 22—— Mr. Nary and Sonya were discussing? I guess that would be the question based upon what was discussed earlier amongst Mr. Nary and Sonya about process to get a little bit more detail to consider it together. Womer: Mr. Mayor, Members of the Council. So, your question to me is what then? Simison: Mr. Nary, would you like to -- or Sonya which -- what application would you suggest -- maybe delay this one until it could be brought forward? Womer: A preliminary plat? Nary: Well, I -- Mr. Mayor, Members of the Council, I think, sir, what--what the suggestion was -- either to -- Council's willing to consider and address the comp plan amendment to, then, allow you to apply and, then, to bring forward your application for a preliminary plat with DA conditions that we could, then, develop as part of that plat, because right now if we craft a DA for-- for a plat that's undefined it's not going to have a lot in it. It's going to have to be redone again anyway. Womer: Right. Nary: Sonya, alternatively suggested that we continue the entire matter, give you time to get your preliminary plat, go through the process, let that catch up to this and, then, we would have that conversation when it's all in front of us. Because normally you get the use approved for that location, you, then, bring in a plat of what you would like to do to P&Z Commission and the Council, then, if they agree with that they will make conditions, we will create a development agreement. We are kind of missing that little piece. Womer: Well, I -- I think what I suggested earlier would be -- obviously our preference is to bring the DA to the Planning and Zoning and ultimately the City Council with the preliminary plat process. I guess I'm not quite understanding why we need to miss the zone change piece in this. Nary: Mr. Mayor, Members of the Council, because the state code allows us to do a development agreement with a rezone, it doesn't allow us to do a development agreement with a preliminary plat. So, because we don't have a plat all the DA is going to have is standard conditions of the city and require it be re-amended when you bring the plat back and so -- and it only comes to City Council, it doesn't go to the Planning and Zoning Commission. So, without that piece we are either going to create a development agreement that has to be done over or we are going to have to wait until we bring your preliminary plat and, then, do it all at once. Womer: Okay. I guess through this effort, if -- if that's indeed the case, then, we would -- at least we would rather not continue this with the preliminary plat. We would like to see Council's support for the comp plan change and, then, come back if that's the only way to do it, would, then, be to come back with a development agreement, change of zone, and preliminary plat, so we are not stretching this out too far, if you will. Page 49 Meridian City Council Item#2. September 7,2021 Page——— Nary: Yeah. I think, Sonya, that would be the normal course we would recommend I think. Allen: Mr. Mayor, excuse me, Council, Mr. Nary. If we do that would you suggest continuing the rezone application or would they have to resubmit and pay new fees on the rezone application and, then, a side note that the application file number is associated. There is only one number associated with both of these subject applications. Nary: And, Mr. Mayor, Members of the Council, it's certainly the Council's preference, but certainly continuing the rezone application to allow the preliminary plat to catch up would save the additional expense of filing new fees again for the same thing. But they would still go back together. Womer: You could just table it off calendar, couldn't you? Nary: Correct. Allen: Staff would prefer that option. Simison: Council, based upon that -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, I don't know if that speeds it up at all, acting on the comp plan amendment by itself, and I didn't know you could have a comp plan designation of residential use with a zoning of light office, which is what you would have in the interim. Doing the comp plan now by itself doesn't accelerate really anything one way or the other, because the ultimate act would occur at that future date where the rezone and the DA and the plat all come together. If you had the comp plan amendment with that -- doing it now or doing it then doesn't -- I don't think changes the pace of any of it. Womer: Can I address that? It's -- it's a little more than just the pace. The -- certainly we have all seen situations where there is zoning inconsistencies. That's what consistency zoning is all about is bringing the zoning in conformance with the comp plan. The -- the concern we have, of course, is the continued effort, if you will, going through the process, spending money, and going forward in the development entitlement process without at least getting some indication that we have a comp plan designation that -- that conforms to what we are trying to do here. So, it's a little more than just timing. Borton: Yeah. Mr. Mayor? Simison: Councilman Borton. Page 50 Meridian City Council Item#2. September 7,2021 Page——— Borton: I totally get that. The --just trying to look out for the unintended consequences. So, you know, the comp plan change might make sense only because your project is worthy of it. We approve a comp plan change and, then, a future rezone gets denied and now you have -- you have changed this parcel to be high density residential and some future applicant could -- so, that's why I think the concept will all go together, because -- I mean up until now there has not been a project worthy of a comp plan change, quite frankly, and you might have the one that carries the day, so -- Simison: So, Council, what you would think about a ten minute recess to allow staff to confer with the applicant and come up with the desired path forward together? So, let's -- let's -- let's do it. We will start with a ten minute recess. (Recess: 7:07 p.m. to 7:23 p.m.) Simison: So, we will go ahead and come out of recess and I'm going to ask staff or the applicant if they have anything that they would like to report back on a path forward -- preferred path forward this evening. Nary: Thank you, Mr. Mayor, Members of the Council. We had a good discussion with the applicant and the property owner and all that. The -- so, they are suggesting one of two pathways, both of which are legally compliant, both of which myself and -- and Planning is comfortable with. One, obviously, is more consistent with our past, but if the Council is comfortable moving forward, if you are -- if you are supportive of this project, you can approve the -- you can approve the comp plan amendment to move forward. That comes back through a resolution. You also can approve a development agreement with a rezone that ties the rezone to this concept that's in front of you on this application. So, then, if -- if the -- and they could even limit it even more specifically by the number of units or the number of parking that needs to be present. That -- that can, then, tie any other future property owner, so if someone -- this property -- the deal falls through, these folks aren't the property owners anymore, aren't the developers, anybody else who wants to come and build would have to build the same thing or they have to come back for a DA modification. That would come back through ordinance and the ordinance wouldn't go forward until the development agreement was signed, so you would have some level of assurance. It would be a little bit like what we have done rarely, but on occasions of, essentially, approving a bubble plan with generally -- generalized concept of what they want to do without really building heights, elevations, renderings or that kind of thing. Secondarily, if the Council is still a little concerned -- I mean they can bring forward the preliminary plat as -- as Council Member Borton has suggested and just holding these off until that catches up and, then, that has to go to the Planning and Zoning Commission first and, then, would come back to you. That's probably a two to three month delay, potentially, for that. But, again, it would tie it up more -- more tightly, because now you would have really a plat application, not just a concept plan. But either one of those they could live with. They prefer the first one versus the second. But both of those would at least be better in their perspective than a denial and they certainly can live with those limitations to the development agreement tied to the rezone. Page 51 Meridian City Council Item#2. September 7,2021 Page 25 of— Simison: Thank you. Allen: Mr. Mayor, if I may add to that. Members of the Council. There is currently a development agreement provision that's recommended by staff in the staff report, number 1-A, that requires future development of this site to be generally consistent with the conceptual development plan and building elevations included in the staff report and what that means to staff and the applicant is when a future development application comes in we will be looking at this concept plan to make sure that they don't have any additional buildable lots or units -- dwelling units shown on their application. If they do it would not be deemed to be generally consistent with the concept plan that's approved and included in the development agreement. Same with the parking spaces. If there was fewer parking spaces shown, staff would require them to increase those to at least those that are shown on the concept plan. So, that's the assurance you have that this property would develop as its proposed. If you do not want it to develop with this many units or additional parking spaces, you can certainly -- certainly make that part of your recommendation if you choose to go forward with the rezone tonight and the development agreement. Staff will stand for any questions you might have. Simison: Thank you. So, Council, how would you like to proceed this evening, if at all? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think start for conversation sake. Generally I like the concept plan. I think there is an opportunity, as we kind of discussed earlier, to maybe repurpose that common lot to some additional parking. Overall I think I -- I quoted Planning and Zoning last time saying this is the -- I think the second best option we would get outside of commercial and I think almost 20 years is enough time to say let's -- let's -- let's be open to something else. Tonight I think I am generally supportive of the comp plan amendment. I'm not quite sure that I'm there on granting a rezone without a plat and I think just for the sake of conversation -- I think you guys are honest brokers, you -- I believe when you kind of tell us this is the plan -- is what you are going to do. As Council we don't necessarily look at as people -- I like to look at it more as process and I always struggle with a rezone without a plat before me and I appreciate, you know, we can -- we can tie the concept plan and the DA. I'm also very sympathetic to how the plat is going to lay out with elevations, particularly on the piece that faces the neighbors, and so I struggle with that particular piece. I think it's -- you know, I think it's -- it's an appropriate use of land. I think with a couple of small tweaks we can address at least what I think are some of my concerns about putting parking -- usable parking closer to where the residents live to prevent those unintended consequences of people parking on Hickory or having it flow out into the neighborhood. So, that's kind of where I'm sitting tonight. Happy to have a conversation. Happy to see where the rest of the body is. Simison: Thank you. Anybody else like to add in -- weigh in? Or a motion. Page 52 Meridian City Council Item#2. September 7,2021 Page 26 of 37 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: For the reasons stated I would prefer to continue all of it. I think it's -- I wouldn't -- I wouldn't think that the comp plan amendment to medium high residential here would be appropriate by itself and that's kind of what we would be doing if we did it separate. So, I think bumping them all makes the most sense. Otherwise, you are saying that this property should be medium high residential no matter what and I don't know if that's what we are saying. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. This is a project that I think is worth consideration and to Councilman Burton's point, if it was a different project we might feel differently. So, I think it's a matter of, then, how do we move forward. As Councilman Cavener pointed out, there might be some tweaks that we would like to see in this area as it relates to parking, maybe where the housing sits, so on, so forth. So, I really don't want to throw the baby out with the bathwater on this and I think if we just bring back all three, let that preliminary plat catch up and, then, we can make a full decision based on all the information and the facts available and make it the right decision for this particular project with all the other things involved, so -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I'm in agreement with that. I -- I -- as you all know and I have been fairly consistent over the years -- it's really difficult for me to, you know, change the zoning designation from -- from -- from commercial to residential. For me it has to meet a high bar. I'm not a -- I'm not sold on that quite yet, but at the same time would like to see the whole project put together with the plat and everything in front of us to see what that -- what that looks like. I don't think we have seen that yet, obviously, and so I would be in favor of -- of a continuance. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with Councilman Bernt and Councilman Borton. The Comprehensive Plan goes through really long and involved and intense review with feedback from our public and our staff and Planning and Zoning Commission and we take it really seriously when there is a request to change it, whether it's two acres or 20 acres, and so I'm not in favor of changing it without -- you know, just as was suggested, changing the -- the plan Page 53 Meridian City Council Item#2. September 7,2021 Page 27—— amendment and without making -- you know, continuing the rezone request and I understand the applicant's desire to get a commitment from us on that comp plan change before they invest further in the engineering costs to create the preliminary plat, but it's -- it's also a big ask of us to modify the FLUM when that's gone through such an involved process to get to those decisions to begin with. So, that's my thought on that. Simison: So, with that, Council, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Did -- did we have a discussion with the applicant about time -- time frame if we continue this, how long it would take for them to have their plat prepared? Hoaglun: Mr. Mayor, would that be to -- until the preliminary plat catches up. I mean that would be just to a time certain when the preliminary plat would be ready for -- Simison: Is that acceptable, Mr. Nary, to -- for legal definition of a continue until date? Nary: So, Mr. Mayor, Members of the Council, yeah, the hard part is is we don't know when it will go to the Planning and Zoning Commission and when they will make a decision, so it will all have to be renoticed, so -- and maybe -- this may be the rare circumstance to just continue the matter, based on that as your motion, that there would be -- it all needs to be heard together and it will have to be renoticed. So, they are going to have to renotice -- well, they will notice the preliminary plat for Planning and Zoning and Council. We will renotice the application for the comp plan amendment and the rezone at the same time. Simison: So, not to a date certain at this point in time? Nary: I think -- I don't think it would be wise to do that. I think you can leave it open and just require that it be renoticed -- all three of them be noticed for Council. Perreault: Mr. Mayor, I'm going to attempt a motion. Simison: Council Woman Perreault. Perreault: I move that we continue Woodcrest Townhomes, H-2021-0015, until such a time as that the Comprehensive Plan FLUM amendment, rezone, and a preliminary plat can be presented together with an application and the -- and the hearings for the Comprehensive Plan FLUM amendment and the rezone will be renoticed. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? Page 54 Meridian City Council Item#2. September 7,2021 Page——— Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Question I guess maybe for Legal staff. If there are changes that Council wants to see, should we be articulating that now, so -- Simison: Are they different than the comments that have already been indicated in tonight's conversation? Cavener: No, Mr. Mayor, they haven't. I just wanted to make sure that -- I didn't want us to be surprised. Didn't say why we expected some of these things, so I'm good. Allen: Mr. Mayor, if I may clarify. Staff is not entirely sure what changes you are asking for and I'm not sure if the applicant is either. So, if you have changes that you want to the concept plan now would be a good time to state those, please. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I know for myself I would like to see some additional parking in one of the common areas. However, that needs to be designed in the concept plan. You know, where ever that can be fit. But I just -- I'm still not convinced -- the applicant indicated in his testimony that they would make that consideration, that they feel like there is room on the property to do that. So, I would like to see that. I don't see a downside in that, considering that they are not required to have any open space to begin with. Not that I don't think they should, but that would be my preference. I don't -- I can't state a specific number, because -- you know. But that's -- I don't know that I should do that. Simison: It's a relocation of or more in that -- more in that location. Perreault: Sorry? Simison: Is it relocation of where it is on the current -- to that location or do you want more than what is currently there and have it added to that area? Perreault: I would like more total. I don't -- it doesn't matter to me if they move it around and redesign -- as far as -- there is five here on the east side and four on the north side. If they want to add more to those areas, that's fine. If they want to add more in -- in this -- this other south corner that's fine, too. I don't have a specific location in mind. I just want some additional spaces that are on the property itself, especially if they are intending to remove themselves from the reciprocal agreement. Page 55 Meridian City Council Item#2. September 7,2021 Page——— Simison: I think that was the only thing that I heard Council really discuss was the parking of significance in direction. I didn't hear anything about relocation of buildings personally. I would speak up if that's the Council's desired direction. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Again, one Council Member. I think I had some concerns about height and location of those one, two, three, four, five, six, seven buildings that, really, are going to face up against the existing residents. I think that that will be captured somewhat in the plat. But that's, obviously, a piece that I'm going to be honing in on. Simison: Anything else? Then all those in favor of the motion signify by saying aye. Opposed nay. The ayes have it and the item is agreed to and the item is continued. MOTION CARRIED: FIVE AYES. ONE ABSENT. Johnson: Mr. Mayor, who was the second on that. Thank you, sir. 4. Public Hearing for City of Meridian's Intent to Convey to the Ada County Highway District Approximately 23,816 Square Feet of Real Property at Discovery Park, Located Off of E. Lake Hazel Rd. and Adjacent to the Proposed Apex Subdivision Simison: Next on the agenda is a public hearing for City of Meridian intent to convey to the Ada County Highway District approximately 23,860 square feet of real property in Discovery Park. Open this public hearing with staff comments. Nary: Mr. Mayor, I can probably start this off--or Mayor and Council. We have a standard agreement with the highway district when there are needs for right-of-way improvements to transfer that property to them at no cost based on our prior agreement. I think Steve has a more specific detail on why it's necessary for this particular project. Siddoway: Sure. I'm not sure I'm the applicant, but I'm as close as you have on -- on something like this. The requirement is for -- to -- for the driveway that will serve Apex Subdivision to our west primarily to align with Lavender Heights on the north and this is the location. We have anticipated it. That northwest corner of the park was left undeveloped in our first phase to accommodate a future street in this location. So, like -- like Mr. Nary just said, this would be the standard request under our current agreement with ACHD and we are supportive from our perspective and I will stand for any questions. Nary: And, Mr. Mayor, Council Members, I should note, Jon Wardle is on the line as well if you had questions of him specifically. Siddoway: He is online. Yes. Page 56 Meridian City Council Item#2. September 7,2021 Page——— Simison: Council, any questions? Okay. Do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, only Mr. Wardle. Simison: Okay. Mr. Wardle, would you like to provide testimony on this item? Wardle: Mr. Mayor, can you hear me? Simison: Can now, yes. Wardle: Jon Wardle. 2929 West Navigator, Meridian, Idaho. 83642. And I represent Brighton and we have the project that we are developing to the west of Discovery Park, which is referenced as Apex, but also known as Pinnacle, and Mr. Siddoway was accurate and did -- did convey what the ask is for tonight. The Lavender Heights to the north established the location of the collector road and the alignment on the south was just going through the corner of Discovery Park and connecting into our -- our development. That collector road is being built completely by Brighton through the development and so it's really just improvement over the top of the right of way to align with Lavender Heights. Any questions for me I would be happy to answer those tonight. Simison: Council, any questions? No questions. This is a public hearing. Is there anyone that would like to provide testimony on this item? If so, please, come forward now or if you are online you can unmute yourself -- you can use the raise your hand feature. Seeing no one wishing to provide testimony, Council, do I have a motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for City of Meridian's intent to convey to the Ada County Highway District approximately 23,816 square feet of real property at Discovery Park, located off East Lake Hazel Road and adjacent to the proposed Apex Subdivision. Cavener: Second the motion. Simison: Have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it. The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Perreault: Mr. Mayor? Page 57 Meridian City Council Item#2. September 7,2021 Page" —" Simison: Council Woman Perreault. Perreault: Do we take any action on this? Simison: Yeah. So, there is nothing further at this point in time. ORDINANCES [Action Item] 5. Ordinance No. 21-1938: An Ordinance Authorizing the Conveyance of Certain City-Owned Real Property to the Ada County Highway District for Right-Of-Way Purposes, Consisting of Approximately 0.547 Acres, Located at Discovery Park, 2121 E. Lake Hazel Road, Adjacent to the Proposed Apex Subdivision, Approximately 1,320 Feet to the East of S. Locust Grove Road in Ada County Idaho; Authorizing the Mayor and City Clerk to Execute and Attest on Behalf of the City of Meridian the Deed and Other Documents Necessary to Complete the Transaction; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: So, with that we will move on to ordinances. Number 5 is Ordinance No. 21- 1938. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance authorizing the conveyance of certain city-owned real property to the Ada County Highway District for right-of-way purposes, consisting of approximately 0.547 acres, located at Discovery Park, 2121 E. Lake Hazel Road, adjacent to the proposed Apex Subdivision, approximately 1,320 feet to the east of S. Locust Grove Road in Ada county; authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction; providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this item read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: I move that we approve Ordinance No. 21-1938 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the ordinance under suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. Page 58 Meridian City Council Item#2. September 7,2021 Page——" MOTION CARRIED: FIVE AYES. ONE ABSENT. 6. Ordinance No. 21-1943: An Ordinance Repealing Title 7, Chapter 5, Meridian City Code, Regarding Golf Carts; and Providing an Effective Date Simison: Next item is Ordinance No. 21-1943 and ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance repealing Title 7, Chapter 5, Meridian City Code, regarding golf carts and providing an effective date. Simison: Council, you have heard this ordinance read by title. Is there anyone who would like it read in its entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1943. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1943. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 7. Ordinance No. 21-1944: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 20-1892, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2020 and Ending September 30, 2021 (FY2021), Appropriating Monies that are to be Allocated by the City of Meridian, Idaho in the Sum of $(18,529,448); For a Total Fiscal Budget of $133,440,143; to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing an Effective Date Simison: Next item is Ordinance No. 21-1944. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance of the City of Meridian, Idaho, amending Ordinance 20-1892, the appropriation ordinance for the fiscal year beginning October 1, 2020, and ending September 30th, 2021, fiscal year'21. Appropriating monies that are to be allocated by the City of Meridian, Idaho, in the sum of $(18,529,448); for a total fiscal budget of $133,440,143; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing an effective date. Page 59 Meridian City Council Item#2. September 7,2021 Page"—" Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who like it read in this entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1944, which is amending Ordinance No. 20-1892, with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1944. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 8. Ordinance No. 21-1945: An Ordinance, Pursuant to Idaho Code §50- 1002 and §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of $185,198,966 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2021 and Ending on September 30, 2022; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50- 902; and Providing for an Effective Date and the Filing of a Certified Copy of this Ordinance with the Secretary of State Simison: Next item up is Ordinance No. 21-1945. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance pursuant to Idaho Code 50-1002 and 50-1003, providing for a title and finding, providing for the adoption of a budget and the appropriation of $185,198,966 to defray the necessary expenditures and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1, 2021 , and ending on September 30, 2022; to levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all revenue; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code §50-902; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody who would like it read in its entirety? Seeing none, do I have a motion? Page 60 Meridian City Council Item#2. September 7,2021 Page"—" Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: I move we approve Ordinance No. 21-1945 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1945 under suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. Cavener: Nay. Simison: Four ayes. One nay. The item is agreed to. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. 9. Ordinance 21-1946: An Ordinance (H-2020-0047 — Prescott Ridge) for Annexation of a Parcel Situated in a Portion of the West '/2 of the Northeast '/4 and a Portion of the West '/z of Section 28, Township 4 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 128.21 Acres of Land from RUT to R-8 (Medium Density Residential) (99.53 Acres); R-15 (Medium High Density Residential) (8.82 Acres) and C-G (General Retail and Service Commercial) (19.85 Acres) Zoning Districts 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 item is Ordinance No. 21-1946. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. Ordinance -- sorry. This is an ordinance related to H- 2020-0047, Prescott Ridge, for annexation of a parcel situated in a portion of the West '/z of the Northeast '/4 and a portion of the West '/2 of Section 28, Township 4 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 128.21 acres Page 61 Meridian City Council Item#2. September 7,2021 Page 35—37 of land from RUT to R-8 (medium density residential) (99.53 acres); R-15 (medium high density residential) (8.82 acres) and C-G (general retail and service commercial) (19.85 acres) zoning districts 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. Is there anybody who would like it read in its entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: I move that we approve Ordinance No. 21-1946 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance 21-1946 under suspension the rules. Is there discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 10. Ordinance 21-1947: An Ordinance (H-2021-0035 TM Creek Apartments Phase 3) for Rezone of Part of the NW '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.58 Acres of Land from TN-C (Traditional Neighborhood Center) Zoning District to C-G (General Retail and Service Commercial) 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 an Effective Date Simison: Next item up is Item 10, which is Ordinance No. 21-1947. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. We are almost there. This is an ordinance related to H-2021-0035, TM Creek Apartments Phase Three for rezone of part of the NW '/4 of Section 14, Township 3 North, Range 1 West, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 5.58 acres of land from TN-C (Traditional Neighborhood Center) zoning district to C-G (General Retail and Service Commercial) 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 an effective date. Page 62 Meridian City Council Item#2. September 7,2021 Page——37 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1947. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance 21-1947. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 11. Ordinance 21-1948: An Ordinance (H-2021-0025 — The 10 at Meridian) for Annexation of the NE '/4 of the NE '/4 of Section 15, Township 3 North, Range 1 West, 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 40.30 Acres (More or Less) of Land from RUT to C-C (Community Business District)(27.25 Acres) and R-40 (High Density Residential) (13.04 Acres) Zoning Districts 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: Item 11, Ordinance No. 21-1948. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2021-0025, The 10 at Meridian, for annexation of the NE '/4 of the NE '/4 of Section 15, Township 3 North, Range 1 West, 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 40.30 acres (more or less) of land from RUT to C-C (Community Business District)(27.25 acres) and R-40 (High Density Residential) (13.04 acres) zoning districts 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 Page 63 Meridian City Council Item#2. September 7,2021 Page" —— 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. Was there anybody who like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 21-1948 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1948 under suspension of the rules. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the ordinance is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Hoaglun: Second. 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 7:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9 / 21 / 2021 DATE APPROVED ATTEST: _ CHRIS JOHNSON - CITY CLERK Page 64 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. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : September 7 , 2021 Please sign in below if you wish to address the Mayor and City Council and 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 I E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #2: ACHD Ustick Maintenance Facility (H-2021-0029) Application(s):  Annexation and Zoning, with a development plan. Size of property, existing zoning, and location: This site consists of 23.7 acres of land, zoned RUT, located at 3764 W. Ustick Road (approximately ½ mile west of Ten Mile on the north side of Ustick). Adjacent Land Use & Zoning:  North – Fivemile Creek, City Wastewater recovery facility and I-L zoning  East – Ninemile Creek, C-N zoning on City property (future well/water tank site)  South – Ustick Rd., R-4 zoning and detached single-family  West – RUT, County Ag/Residential History: N/A Comprehensive Plan FLUM Designation: Mixed-use Non-Residential (MU-NR) Summary of Request:  Mixed-Use Non-Residential – The purpose of this designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example, this MU- NR area is used adjacent to the City’s Wastewater Resource Recovery Facility, a heavy industrial use that should be buffered from residential. Appropriate uses in MU-NR areas would include: employment centers, professional offices, flex buildings, warehousing, industrial uses, storage facilities and retail, and other appropriate non-residential uses. \\  Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Therefore, Staff finds the proposed ACHD Maintenance Facility to be generally consistent with the Comp Plan.  Request for Annexation and Zoning with the I-L zoning district; Annexation area is 30.27 acres but subject site is only 23.7 acres—Applicant is also annexing creek area to ensure no County enclaves exist.  Proposed use is for an ACHD Maintenance Facility that falls under the Public Utility, Major use within our development code. The project is proposed over multiple phases from this year through 2028 and includes a number of different elements to the site including: decant and washout area, broom sheds, salt shed, truck wash and scales, Admin. Building, Fleet building, and covered and uncovered storage areas.  The proposed use is a permitted use within the requested I-L zoning district, subject to specific use standards. Staff’s analysis finds the proposal to be consistent with the specific use standards as well as the dimensional standards of the I-L zoning district except for the required building street setback to Naomi Avenue (new collector street along half of the west boundary). The site plan shows the building 25 feet from edge of ROW but should be at least 35 feet.  The Applicant is proposing solid fencing and the required landscape buffers consistent with code requirements. Despite the probable noise associated with a maintenance facility such as this, Staff finds the proposed site plan offers adequate landscaping and separation from existing residences by Ustick Road and should mitigate much of the noise from trucks and machinery.  Access is proposed via construction of a new collector street that aligns with Naomi Avenue to the south. The Applicant is proposing to construct the road as a 3-lane collector street with a deceleration lane and with 5-foot detached sidewalk on the east side of the street; when the property to the west redevelops they will be expected to complete the street with sidewalk on their side of Naomi.  The submitted plans show this new road to terminate in a temporary hammerhead type turnaround approximately 625 feet into the site for future road connectivity to the west.  Off of Naomi Avenue, the Applicant is proposing two driveway accesses for access into the facility that will be gated. Staff supports the proposed access and road improvements.  Sewer services are not currently available to the site. Therefore, the Applicant is requesting a City Council Waiver to delay connection to City sewer; City water is readily available. It is not entirely clear at what point utilities will be available or needed for the site but due to the phasing and the lack of sewer availability currently, the Applicant has not submitted any utility plans at this time. With future development, the Applicant will be required to submit these plans and continue coordinating with the City to connect to public utilities, including water needed for irrigation. The Applicant is having ongoing discussions with the City Engineer on the best path forward for the sewer needs and timeline of this project. Commission Recommendation: Approval w/a DA Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant Representative ii. Commenting: Becky McKay; Lloyd Carnegie, ACHD Maintenance Manager. iii. Written testimony: None Key Issue(s) of Discussion by Commission:  Timeline for the use of the site, construction of the westbound deceleration lane, and overall phasing;  Potential issues associated with having large trucks utilizing Ustick Road and the site prior a deceleration lane being constructed by ACHD as part of the overall road widening project—Applicant stated that consistent truck traffic to the site should not occur until after the Ustick Road improvements due to overall timing and use of other maintenance facilities in the valley as well as the timing of developing the subject site;  Estimated timeline for Ustick Road widening—Applicant stated there is a desire to move up the construction of this road widening project to 2024 instead of between 2026-2030;  How concrete the proposed concept plan is in terms of building placement and phasing;  Capacity of the Commission/City to limit the use of heavy truck traffic for the site via a condition of approval or DA provision. Commission Change(s) to Staff Recommendation: Create a new DA provision to help limit heavy truck traffic until Ustick Road is widened and the deceleration lane is constructed. Outstanding Issue(s) for City Council: Connection to City Sewer services and what the alternatives may be—Applicant and PW Staff have discussed a potential option for the interim discharge of wastewater to be used until Black Cat Trunkshed is constructed. Staff recommends Council instruct the Applicant and Staff work together to come up with a new DA provision that could read similar to the following: - “Applicant shall obtain City Engineer approval for interim wastewater discharge proposal prior to Phase 3 development, or at the time of construction of the Decant and Washout areas as noted on the concept and phasing plans. Additional pretreatment may be required per City Engineer review.” - Since previous Council hearing, Staff and ACHD Maintenance staff worked together to create a revised DA provision for the timing of development, per the Memo sent on September 1, 2021. Following publication of the memo, the City received a request for a 6 month continuance by the ACHD Commission. Written Testimony since Commission Hearing: None Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0029, as presented in the staff report for the hearing date of July 13, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0029, as presented during the hearing on July 13, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0029 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #3: Woodcrest Townhomes (H-2021-0015) th This application was continued from the Aug. 10 hearing in order for the Applicant to prepare a parking analysis for the overall area (see submitted parking analysis). A parking analysis was submitted that addresses the estimated parking demand for the proposed development & the existing parking supply and demand on adjacent commercial lots, which determined there is adequate parking for the overall area. The Applicant will provide more info on the study in their presentation. Application(s):  Comprehensive Plan FLUM Amendment  Rezone Size of property, existing zoning, and location: This site consists of 1.97-acres of land, zoned L-O, located at 1789 N. Hickory Way, north of E. Fairview Ave. on the southwest side of Hickory Way. History: This property was annexed with L-O zoning in 1992 & later re-subdivided as a lot in Mallane Commercial Complex in 2001. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Amendment to the Comprehensive Plan FLUM to change the land use designation on 2.10-acres of land from Commercial to MHDR; and Rezone of 2.10-acres of land from the L-O (Limited Office) to the R-15 (Medium High-Density Residential) zoning district. Approval of the map amendment will allow the Applicant to develop (19) SFR attached & townhome dwellings at a gross density of 10.8 units/acre on this infill property, which will contribute to the range of residential land use designations & diversity in housing types & densities in this area & provide a transition in land uses from MDR to commercial/office uses. A revised conceptual site plan & building elevations were submitted showing how the property is planned to develop with (19) single- family attached & townhouse dwelling units consisting of (1) single-family attached structure, (3) 3-unit townhouses, (2) 4-unit townhouses and a common area with pathway & gazebo amenities. Because the site is below 5-acres in size, minimum qualified open space & site amenities are not required. The property is planned to be subdivided through a future application. Access to the site is proposed via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. A private street is planned to provide access to the proposed development and for addressing purposes. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is proposed in accord with UDC standards; (4) extra spaces are proposed for guest parking in the common area near the entry & (5) spaces are proposed in the common area at the SEC of the site. On-street parking is not allowed due to the width of the private street. Conceptual building elevations were submitted for the proposed residential structures as shown with a mix of materials consisting horizontal wood siding, vertical board and batten siding, wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Blaine Womer, Applicant’s Representative; Louie Mallane ii. In opposition: None iii. Commenting: Dave McDonald; Shirley Moon; Randy Nelson; Ann Atarian iv. Written testimony: None v. Key Issue(s): a. Traffic & safety concerns on Hickory Way - lack of visibility of cars pulling out onto Hickory Way from the site due to the curve of the road.; maintenance of the existing masonry wall and landscape strip along north boundary of site; b. Inadequacy of parking in this area (Louie’s restaurant/bank patrons park on this property); Key Issue(s) of Discussion by Commission: i. In favor of the proposed development plan over previous plans for this site; ii. Concern pertaining to safety of access onto Hickory Way; iii. Preference for the 4-unit townhome proposed along the north boundary to be reduced to a 2- or 3-unit townhouses for better transition to the existing homes to the north. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0015, as presented in the staff report for the hearing date of September 7, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0015, as presented during the hearing on September 7, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0015 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) i i y J ir` I j## Item # 2 : ACHD Ustick Maintenance Facility - Maps FLUM ZONING AERIAL �Gm�I1Ti►�%`�i� Iru��►�/nnm - • - • • C - - • - • L- • - • =1 e _ Project L• • • LA A1�J-lT W Project L• • • -- 70 • -ct Locatio Jw -- 1U �pn u■■■■._■1■1 Y .■■■■■■..■1■1 n,y .. ■■■■■■�.1111 O■■■■L—RUT �.,11■ loll NI.II+:p1111 a m• W�•��iriiiu Q' ��ii im.n. 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NASHGR \'F ' � l PHASE 5 RECTAL ARM \ �\\\ `�. 2025 ° 'TRUCKS \\ \ \ PHASE 6 25'I.VDSC/PP SUFFER EPP OYNEGE NG /aw \\ \\\\\ 2026 INSTALL �M PAID ALANE \ PHASE 7 \ r\ \\\ 2027 + PNASE 8��I Y028\ O PANED OPEN S U SHED j MYH ��vvvv SIORNGE - LOCKER ROD. L (I'WO S INSTALL COLOR COVED PAVE) INWSRRAL CHNNUNK FENCING GE � ! CONSTRUCTION PHASE TIMELINE INSTALL TREX FENCING k IANGSfl3E ADMIN.SUILOIIIG� PARR PAVED (2021 —4028) (a,soo stJ (?.too sE) Rco.sra E 1. GA.,9JPFER (ti,7S7 SF}� o o ACHD MAINTENANCE FACILITY - - ---------------�-- W. USTICK ROAD FENW. USTICK ROAD "nAL a UANDSCAFE W. USTICK ROAD 1" = 150E T -- ----------- _ ——— — ——— H — - LOCATED IN THE SE 1/4 OF SECTION 34, T—T—T—� T.4N., RAW., B.M. UI I ADA COUNTY, IDAHO General Use & Utility Phasing Plan: FY22- Site Prep, cutting in access roads, landscaping and fence installation - no need for sewer, just water. FY23- Decant and washout area, with the possibility of the Admin Bldg. or may get pushed out to FY24. FY24 - Drainage and Broom Sheds that would need to be connected to the sewer as well since this building will have restrooms. FY25 - Fleet Buildings - Sewer hook-up as well for this building. FY26 - Admin Building (originally, but possibly pushed up to FY23 or 24) . If not built this year no need for sewer tie in . FY27 - Truck Wash, and Truck Scales - Sewer to be hooked up FY28 - Finishing of outlier projects Recommended DA Provisions "Applicant shall obtain City Engineer approval for interim wastewater discharge proposal prior to construction of the Decant and Washout areas as noted on the concept and phasing plans. Additional pretreatment may be required per City Engineer review. " Recommended DA Provisions VIII.A l .j - No building permits shall be issued i++o�l until p1h,r''se dlIf +I-,o the deceleration lane at Naomi Avenue and Ustick Road is constructed . After the deceleration lane is constructed , building permits may be issued for the decant/washout facility, broom shed , drainage shed , covered material storage, and parking area ; however.. ACHD agrees that no Certificate of Occupancy permits shall be issued by the City until the Ustick Road widening project is completed per the letter from the ACHD Commission, dated July 22, 2021 + �A,i+h +ho rind +ho lono of tS1��mi I rino nnc� I Ic+iak Rc)n GGr�c+ri ir+or-I ovGor�+ �r10 I1 1 I-�i iilr-�lir� r�ormi+ mrv�i I-,o ci 1hmi++or-I fnr +ho ., o�� r + / i�ch�i i+ �c ch� ir nr +ho ci it- mi++owl Ph�ciR tcl � Rr-I GnR GoP+ Pl� Rc Further, no building permits for the fleet buildings, administrative building, truck wash, truck bays, covered parking, or any other structure shall be issued until the Ustick Road widening project is completed . Item #3 : Woodcrest Townhomes Comprehensive Plan Future Land Use Map Amendment & Rezone #gnu -■■ O .... _ _ 1 III�III■NYi�� _ # _ # ■11■ _ � _ was 9 ib: ■1 ■1 ■ I� # � t * * 171111��E■� ■ it rl di** � •� in - ■ ■ II�;IIF�1 it ilk ���� � � 1 1 -+lil■+�■•%�i 1 r�l��l�= �■ i ii i :.. � ''' `{ :_ � _ it � �011lrl■ll lrrl■ �YY �[l y ■ll i -� a II {je i 1� rr ■iq ■J Li ���}l ii Yt S + II: I IJ JIrr111 lirlir, ii12ii+ 1221lilI #�I 10 11R Ir1411 = 'f I-I �j IL + i �. 4 r R# t 71 � ` �IlII�I#*;dam ` ••� �1 - F I AY VIA ' b DO FAQ V Al it � � till • �. I ■� I a� -- 49M- PI 11 E ` Adapted Land Uses 500 1,000 s S Feet are ga s�� rz• .e Medium.Density t?� Relsidential l Pincot A'9; 3, MU•RG a M �o Legend +TMISAP Boundary �m � Commercial Low Density Residential e Medium Density Residential Med-High Density Residential — o' -High Density Residential - -Commercial f-c -Office .. ... ...... -Industrial General lndushial .: .... .........:..... ..:...... ::..: :. .... Civic Proposed Land Uses 0 Old Town - Mixed Use Neighborhood 0 Mixed Use Communi>Y -Mixed Use Regional r -Mixed Use Non-Residential ens ®Mixeduse-Interchange "edIum sidential!ty Low Density Employment -High Density Employment N MU•RG Mixed Employment 8�.. ... J MU-Res Med-High � L_ MU-Com Density aa� ®Lifestyle Center Residential ommercial 0 7732 '4 8F 1pPP MU-c General Industrial �r • • • • • • /��!� 7 ` �_4 l{ �~=�+ �:.'/ sir • r�r�r�' ffP� GAMMON ` /fl ii� c%✓.:.31E.'�yi iil.: ,f- � � � 1`} "+�1w N ;3 �•� ,r:..r e,�;'f._' ._..-. :gip'-;.�. ,fr r. E. COMMON ; `- c+seeu , i���.•T; I � } f I a � �p�' 5 vAFM ST+1L5 r• � 'I �I I I �', g �`T�ti?�is��•' ._--'a�__ ,... - �^ti'� y..�:,,+,�'tisk;��;_.MR9r!>7_.{:P'. �� I `4T�1I I i +>;.�«:r'`'„' -y:�t':�. ..-h�.rv;_Al a�;G v•.y�..,.�.:...•-: ti a •� .v I s V77:-r IJ W- 177f- JF FFFFFM Conceptual Building Elevations 0 R attached & 3-Unit Townhomes Conceptual Building Elevations • T �. _ 4- nit Townhomes LA _ f 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Request for Reconsideration of City Council's Decision of The Oasis CR-2021- 0004 and CR-2021-0005 by Brian Tsai RE�EjVE AUG 2 7 102, D CITY Brian Tsai U��%vt aRp brian@theoasismeridian.com CLERKS OFFICE (Address on File, Not for Public Record) August 27, 2021 City of Meridian City Council 33 E Broadway Ave Meridian, ID 83642 Reconsideration Pursuant to MCC 1-7-10 City Council Members: I am requesting a reconsideration hearing under Meridian City Code 1-7-10 pursuant to a decision made on CR-2021-0004 and CR-2021-0005 upon a number of factual basis listed below: In consideration of inadequate parking, in multiple instances on the public record the city council has deferred the acknowledgement of SME (Subject Matter Expert) material in the areas of planning compliance to the appropriate SME representatives at the City of Meridian Planning Department. In this case, our representative Mr. Joseph Dodson acted as the subject matter expert in the original case H-2021-0004 and indicated in his professional opinion and comprehensive analysis that a ratio of 4:1 (one parking space for every 4 persons) would be more than adequate to fit the proposed use. This ratio is in excess of 400% more than what is required by Meridian Code. This opinion was subsequently approved by his immediate supervisor Mr. Bill Parsons prior to publication, and recommended the permit for approval. Upon reaching consideration by the Planning and Zoning Commission, it was recommended a ratio of 3:1 be required, which was provided by the applicant and subsequently the permit was approved. After reaching the City Council, this ratio was moved again in a "moving target" scenario, where the ratio of 2.5:1 was proposed with the knowledge the number would be increased until compliance would be impossible, and was inappropriately used as the basis for denial. In deliberation, multiple members of the City Council mentioned that the City of Meridian did not have a law to specifically address the proposed use and its standards, and pointed out the shortcomings of the currently written law as published. It is not the responsibility of the applicant to comply with arbitrary statements and opinions when the appropriate law does not exist. This action erodes the rule of law to govern its citizens equally and fairly, and it is unreasonable to suggest compliance with a law that does not yet exist. In following quasi-judicial proceedings, the City of Meridian allowed the appeal hearings to proceed in direct contradiction to the written law, and the appeal applications were not completed and finalized with the required documents until long after the allotted 14-day period to file an appeal had already elapsed, and were allowed to proceed despite missing several critical elements the law required. The City of Meridian selectively applied compliance to the written law as a bias to benefit the appellants. While multiple documents, demonstrations, and diagrams were provided as part of the application process, the original narrative documents, and also presented in the previous hearing, specific information was not provided in the appeal hearing due to elapsing the allowed time to present the project. Because the two primary concerns and basis for the decision came down to noise and parking, the parking issue was addressed above. A sound study was performed at the project site, and the results reflected the same claim made with sound published and documented known scientific principles as presented in the hearing and in the application narrative. The study found the average ambient noise (of three separate measurements) of A-weighted standardized decibels (dBA) at the sidewalk adjacent to Eagle Road to be 70.2 dBA. The measurement at the property line of the project site for ambient noise was found to be an average of 58.9 dBA. A total of four inverse square decibel reading tests were conducted at 60, 70, 80, and 90 dBA thresholds using 24-bit 96kHz pink noise. For comparison, noise exceeding the range of 80 dBA would no longer allow for a normal conversation without shouting. It would be extremely improbable for this level of sound pressure to exist outside of a fully contained indoor facility. For the 60clBA test, no detectible noise above ambient could be found beyond the 8ft mark from the location of the proposed building. For the 70dBA test, no detectible noise above ambient could be found beyond the 16ft mark. For the 80clBA test, no detectible noise above ambient could be found beyond the 32ft mark. For the 90dBA test, no detectible noise above ambient could be found beyond the 64ft mark. No other tests were conducted as all detectible sound had dissipated long before reaching even halfway to the closest residence. A total of four test conducted at all different sound pressure levels demonstrated congruency to the presented scientific principles and have demonstrated in real-life practicality its consistency to the claim that all noise would be less than the sound of traffic from Eagle Road. This reconsideration is being requested not only for the account of the above, but on the basis that a fair and impartial hearing was not conducted. It became immediately apparent once again that the appellants utilized their leverage with friends and religious organizations to intentionally fill the council chambers with opposition members in an effort to sway the decisions of city council members, making it impossible to have an impartial deliberation and decision issuance. All but a few of these individuals once again resided far outside the area of potential impact, other than a small portion of potential traffic impact. I had the opportunity to meet with many members of the public after their testimony, and once again they told me they weren't actually against the proposed project, but only voiced their opposition because someone asked them to. Deferring to the subject matter experts of traffic in the area,the Ada County Highway District, no traffic impact study was requested or required as part of this project as the minimal scale and use size would not cause any discernable difference in traffic flow or congestion during off peak hours as evaluated by the District. As the applicant, I have been asked to provide information, documents, plans, and coordination far above and beyond that has been asked of any other applicant in the entire history of the City of Meridian. Many of these including an extensive safety plan, exhaustive mitigation efforts, and working with all available public services of the city to demonstrate the consideration of all legally required elements require another look, as the basis of reconsideration listed above. Sincerely: Brian Tsai v IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing Continued from July 27, 2021 for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. C� fIEN .D L ;,, HO PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: September 7, 2021 Topic: Public Hearing Continued from July 27, 2021 for ACHD Ustick Maintenance Facility (H-2021-0029) by Engineering Solutions, LLP, Located at 3764 W. Ustick Rd. A. Request: Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an Ada County Highway District (ACHD) maintenance facility on 23.7 acres. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing PUBLIC HEARING SIGN IN SHEET DATE : September 7 , 2021 ITEM # ON AGENDA : 2 PROJECT NAME : ACHD Ustick Maintenance Facility ( W2021 - 0029 ) 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 I 4 5 6 7 8 9 10 11 12 13 14 Mayor Robert E. Simison C� E IDIAN.� City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H Luke Cavener Liz Strader September 1, 2021 MEMORANDUM TO: Mayor& City Council CC: Becky McKay, Applicant Representative FROM: Joseph Dodson, Associate Planner, Community Development RE: ACHD Ustick Maintenance Facility- Continuance Dear City Council, On July 27th, the City Council heard the Annexation and Zoning application for the requested ACHD Ustick Maintenance Facility(H-2021-0029) after being continued from the July 13tn hearing. At this hearing, the Council discussed the project timing in relation to the desired Ustick Road improvements. This discussion directly noted a particular interest by the Applicant to be able to obtain building permits prior to the completion of the road widening projects. Staff, the City Attorney, and the Applicant have discussed the appropriate revisions to the proposed DA provisions through email but have not had final confirmation from the Applicant. In response to the recent discussions and desires of both ACHD and the City, Staff and the Applicant have worked together to modify condition VIII.A.I j as follows: j. No building permits shall be issued stibmit4e until the deceleration lane at Naomi Avenue and Ustick Road is constructed. After the deceleration lane is constructed, building_permits may be issued for the decant/washout facility, broom shed, drainage shed, covered material storage, and parking area; however, ACHD agrees that no Certificate of Occupancy permits shall be issued by the City until the Ustick Road widening project is completed per the letter from the ACHD Commission, dated July 22, 202 with the submitted and revised phasing plan OR tifffil the Ustiek Read widening a-ad the deeeler-atien!a-ne Further, no building permits for the fleet buildings, administrative building, truck wash, truck bays, covered parking or any other structure shall be issued until the Ustick Road widening_project is completed. Respectfully, Joseph Dodson Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/13/2021 ' Legend DATE: Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner n 208-884-5533 - SUBJECT: H-2021-0029 '- ACHD Ustick Maintenance Facility LOCATION: The site is located at 3764 W.Ustick Road, approximately'/2 mile west of Ten 9� Mile Road on the north side of W. Ustick Road,in the SW '/4 of the SE '/4 of E Section 34,Township 4N.,Range 1 W. I. PROJECT DESCRIPTION Annexation and Zoning of 30.27 acres of land with a request for the I-L zoning district for the purpose of constructing an ACHD maintenance facility on 23.7 acres,by Engineering Solutions,LLP. Note: Sewer services are not currently available to the site. Therefore,the Applicant is also requesting a City Council Waiver to delay connection to City sewer; City water is readily available. Further discussion of this is located throughout the staff report below. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—30.27 acres;Project Site—23.7 acres Future Land Use Designation Mixed-Use Non-Residential MU-NR Existing Land Uses County Residential home is no longer occupied) Proposed Land Uses ACHD Maintenance Facility Lots #and type;bldg./common) One 1 building lot Phasing Plan #ofphases) Proposed as eight 8phases over eight 8 ears. Physical Features(waterways, Fivemile Creek abuts the north property boundary; hazards,flood plain,hillside) Ninemile Creek abuts the northeast property boundary.A large area of the site lies within the floodplain along the north third of the site,both Zone"AE"and Zone"X." See further analysis in Section V.N. Neighborhood meeting date;#of March 25,2021—3 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 construction of a new collector street along the west (Arterial/Collectors/State property boundary(N.Naomi Avenue)that accesses W.Ustick Road(arterial) Hwy/Local)(Existing and near the mid-mile mark. Proposed) Stub Applicant is proposing to terminate N.Naomi Avenue in a temporary Street/Interconnectivity/Cross hammerhead type turnaround approximately 625 feet into the property.Any future Access development west of the subject site would connect to this terminus and continue west for interconnectivity.No other stub streets are proposed or required due to the proposed and adjacent use. Existing Road Network Ustick Road is existing arterial street with 2 to 3 lanes of travel. Existing Arterial Sidewalks/ Ustick Road is existing but there are no sidewalks or landscape buffers along the Buffers north side of Ustick Road. Proposed Road No road improvements are required with this application due to this segment of Improvements Ustick being scheduled for widening in 2025,unless the proposed right-hand turn lane is proposed with future development(see ACHD staff report in Section VIILD). CIP/Five Year Work Plan for Ustick and other nearby roads: • Ustick Road is scheduled in the IFYWP to be widened to 5-lanes from Linder Road to Ten Mile Road in 2025. Linder Road is scheduled in the IFYWP to be widened to 5-lanes from Ustick Road to Cherry Lane in with design in 2025. This project is listed as in preliminary development and is currently unfunded. The intersection of Black Cat and Ustick Road is scheduled in the IFYWP to be improved with an interim signal in 2021. This intersection is also listed in the CIP to be widened to 7-lanes on the north leg, 7-lanes on the south, 6-lanes east, and 6-lanes on the west leg, and reconstructed/signalized between 2026 and 2030. Ustick Road is listed in the CIP to be widened to 5-lanes from Black Cat to Ten Mile Road between 2026 and 2030. Fire Service • Distance to Fire 1.1 miles from Fire Station#2 Station • Fire Response Time Project lies within 5-minute response time goal - • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Risk Identification None to report at this time • Accessibility Proposed project meets all required road widths,and turnaround dimensions. Police Service • Concerns None/no comments Wastewater • Distance to Sewer 2,650 feet from current sewer services to the west(Black Cat Road) Services • Sewer Shed North Black Cat Trunkshed • Estimated Project See application Sewer ERU's Page 2 Description Details Page • WRRF Declining 14.15 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Sewer is a 2,650'from site and per the Master Plan needs to come from N. Black Cat Rd. • Provide to-and-through to parcel SO434438850 to the east. • If sewer is not available at the time of construction of the site,provide a utility easement to the northern end of the parcel SO434438850. • Flow is committed. Water • Distance to Services 0' • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • No utilities are shown with application.A utility plan will need to be reviewed by Public Works. C. Project Area Maps Future Land Use Map Aerial Map Legend L°w�-r Legend Resider Project Location MU-NR Project Location Office II VV�!!11 1 Nr71 L® imu Eo ��_oo •� TII]i Medw�m Density Residential° H ghtDensity 3 i Civic �,1wL�rrr-!sir IRL Resi. ntml Zoning Map Planned Development Map Page 3 Legend G R-8 R-2 Legend 0 L-{ a 0 Project Location G RUT Liu aProject Location City Limits -�___ _ __---__" I.L—RUT ® Planned Parcels RUT - � Rri , RUT RIB. I-L I-L _`-- RUT N� C-G �R1 RUT R-8 ® �® RUT �. III. APPLICANT INFORMATION A. Applicant: Becky McKay, Engineering Solutions,LLP— 1029 N.Rosario Street,Meridian, ID 83642 B. Owner: Ada County Highway District(ACHD)—3775 N.Adams Street, Garden City,ID 83714 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/28/2021 6/25/2021 Radius notification mailed to properties within 500 feet 5/26/2021 6/22/2021 Site Posting 6/6/2021 7/1/2021 Nextdoor posting 5/26/2021 6/22/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) Mixed Use Non-Residential(MU-NR)—The purpose of this designation is to designate areas where new residential dwellings will not be permitted,as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential. Developments are encouraged to be designed similar to the conceptual MU-NR plan depicted. Appropriate uses in MU-NR areas Page 4 would include: employment centers,professional offices, flex buildings,warehousing, industry, storage facilities and retail,and other appropriate non-residential uses The subject site is an approximate twenty-four(23.7) acre parcel that abuts Ustick to the south, two creeks along the north and a portion of the east boundary, and the City's wastewater treatment plant directly north of the abutting creek. South of Ustick Road are existing detached single-family residences that currently have generally vacant parcels between them and the treatment plant. The proposed use of a maintenance facility for ACHD falls under the Public Utility, Major use within development code and is subject to specific use standards (UDC 11-4-3- 31). The Mixed Use Non-Residential(MU-NR)future land use designation calls for industrial uses, such as a maintenance facility, to act as a buffer between the City's treatment plant and any existing and/or future residential development. The Applicant is proposing to install solid fencing and the required landscape buffers adjacent to Ustick and the existing county residence directly to the west(in addition to a new public collector street). If the property to the west develops in the future as a nonresidential use as called for on the future land use map, the buffer proposed with this application along the west boundary should act as an adequate transition between uses. Despite the probable noise associated with a maintenance facility such as this, adequate landscaping and separation from existing residences by Ustick Road offer appropriate separation and should mitigate the noise from trucks and machinery. In addition to the proposed use itself, the hours of operation for the facility are an important factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, lam to S:30pm with occasional late-night hours during emergency situations. During the summer, the Applicant has also stated that chip- seal operations require some weekend hours but should be within the normal daytime operating hours. Staff nor the Applicant can foresee emergency situations so it is not feasible to mitigate every possibility associated with the proposed use. Due to the likely minimal late-night operations, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Because of this, Staff finds the proposed project and use of an ACHD Maintenance Facility 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 and phasing plan, 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 owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval. B. Comprehensive Plan Policies(https://www.meridiancity.otglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Coordinate with utility providers on acceptable landscape materials, design and site locations for their future facilities to avoid negative impacts to the community."(3.08.03). The location of the proposed ACHD Maintenance Facility is located within a non-residential designated area adjacent to the City's wastewater treatment plant. This area is intended to be developed with non- residential uses to act as buffers between existing/planned residential and the treatment plant. ACHD is considered a utility provider and they have worked with Staff to find an appropriate location for their new maintenance facility to further increase road maintenance capabilities within the City of Meridian. Page 5 Furthermore, Staff is recommending denser landscaping along the property frontage on Ustick to further mitigate any negative impacts to the nearby single-family residences and meet this applicable and significant comprehensive plan policy. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G). City water services are readily available to the subject site but sewer services are nearly a half mile to the west. This site is in a different sewer trunkshed than the properties to the east. As previously noted, the Applicant is proposing to develop the site in multiple phases over the next 8-9 years with a potential for the first building to be constructed in 2024. It is not entirely clear at what point utilities will be available or needed for the site but due to the phasing and the lack of sewer availability currently, the Applicant has not submitted any utility plans at this time. With future development, the Applicant will be required to submit these plans and continue coordinating with the City to connect to public utilities, including water needed for irrigation. With this application, Stafffinds it appropriate for the Applicant to provide a more detailed utility phasing plan than what has been presented in the application materials. Staff has discussed this with the Applicant and has received a general utility phasing plan as follows: FY22-Site Prep, cutting in access roads, landscaping and fence installation—no need for sewer, just water. FY23-Decant and washout area, with the possibility of the Admin Bldg. or may get pushed out to FY24. FY24-Drainage and Broom Sheds that would need to be connected to the sewer as well since this building will have restrooms. FY25—Fleet Buildings-Sewer hook-up as well for this building. FY26—Admin Building(originally, but possibly pushed up to FY23 or 24). If not built this year no need for sewer tie in. FY27—Truck Wash, and Truck Scales—Sewer to be hooked up FY28—Finishing of outlier projects Based upon the updated information, connection to City water and sewer is likely needed by 2023. Water is readily available but sewer is not, as noted previously. The Applicant is having ongoing discussions with the City Engineer on the best path forward for the sewer needs and timeline of this project. "Require industrial uses to conform to disposal, spill,and storage measures as outlined by the Environmental Protection Agency."(4.10.01B). Because of the nature of the proposed use and its different disposal, storage, and chemical requirements, they will be tasked with obtaining all necessary permits from the Environmental Protection Agency(EPA). Planning Staff does not perform environmental reviews as part of their analysis but due to the added layer of floodplain being located onsite, the City's floodplain coordinator will be a consistent part of future development of the site as phasing progresses and structures are proposed within the floodplain that require environmental permits. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Despite the project not being a residential development, a segment of multi-use pathway is shown on the master pathways plan along the north property boundary, adjacent to the Fivemile Creek. The Applicant is proposing to construct the required segment of pathway and construct a pedestrian bridge over the creek to connect to an existing pathway segment further to the east. This connection and added pathway are also proposed to Page 6 connect to detached sidewalk along the property's west boundary that eventually connects to Ustick Road. Staff appreciates the added pedestrian connections proposed with this project and should further Meridian's multi-modal transportation goals. "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 proposing to construct a new industrial collector street along west property boundary despite it not being required on the Master Street Map (MSM). This new street is proposed to terminate in a temporary hammerhead type turnaround approximately 625 feet north of Ustick allowing for future connectivity to the west if future development occurs within other areas of the MU-NR designation to west and northwest. The existing county residence and agricultural use to the west will have an opportunity to access this new collector street directly and gives that property an option to utilize the collector street instead of accessing Ustick directly. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There is an existing county residence on the property that is no longer occupied. The Applicant has stated this home is to now be sold and removed from the site instead of being used as a temporary office, as originally proposed. Therefore,the existing driveway access to Ustick will be closed as well. Staff is recommending this access be closed with phase 1 of the development, consistent with standard conditions to construct required landscape buffers with the first phase of development.No other structures are known on-site. D. Proposed Use Analysis: The proposed use is an ACHD Maintenance Facility which falls under the Public Utility,Major use within development code. This use is a permitted use in the requested I-L zoning district per UDC Table 11-2C-2 and is also subject to Specific Use Standards (UDC 11-4-2-31).As previously discussed within the Comprehensive Plan section above, Staff supports the proposed use at this location—the relatively low vehicle trips,nonresidential use,and proposed pedestrian and landscaping improvements should make the proposed use ideal for this location next to the wastewater recovery facility. Staff analysis of the Specific Use Standards is in italics below: UDC 11-4-3-31—Public Utility,Major; and public infrastructure: A. Accessory uses directly related to the maintenance and fueling of vehicles(including,but not limited to,truck and trailer washing, fuel pumps, garages for minor repair)may be allowed. Proposed development incorporates many of these accessory uses and the Applicant is required to obtain all necessary City, State, and Federal permits for them. Furthermore, the submitted concept plan shows a large maintenance building in the southern quarter of the site but sufficiently outside of the minimum 35 foot street setback from Ustick. This separation and landscaping should mitigate any noxious outcomes from these buildings. B. Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality,Idaho department of water resources,and the appropriate fire authority. Applicant is aware of this requirement and shall comply. C.No portion of the outside storage areas and/or outside activity areas may be visible from any highway,interstate, gateway corridor,principal arterial,or minor arterial as herein defined. According to the submitted concept plan, none of the proposed outdoor storage areas appear to be visible from Ustick Road, a principal arterial street. The applicant is proposing landscaping and a solid fence as well as future building pad sites that will screen the outside activity areas from Ustick Road. To ensure this standard is adhered to, Staff is recommending the required Page 7 landscape buffer along Ustick is constructed with the first phase of development.More specific analysis of the landscaping and fencing material is in subsequent and relevant sections below. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including,but not limited to,asphalt, concrete,pavers or bricks. According to the submitted concept plan, no asphalt or driveways are proposed until phase 2. However, upon further discussions with ACHD and following the removal of the existing home, Staff is of the understanding that phase I will occur in 2022 and will include the new road, overall site prep, landscaping, and fencing installation. With the first phase, it appears that a gravel pit and paved open storage are proposed along the northern boundary. In addition, other areas of paved open storage are depicted on the concept plan. Per the submitted plans, it appears the Applicant is compliant with this standard. E. For any use requiring the storage of fuel or hazardous material,the use shall be located a minimum of one thousand(1,000)feet from a hospital.No portion of the site or any hazardous or potentially hazardous material is located within 1,000 feet of a hospital. The concept plan and phasing plan submitted with the application depict specific parts of the maintenance facility being constructed at different times.A revised concept plan has since been submitted. In general, the revised concept plan depicts the following: the required multi-use pathway segment north of the proposed fencing and along the north boundary; a gravel pit and paved open storage along the north and northwest boundary;fuel tanks, truck scale and a salt/sand shed within the central area of the site; central but along the east boundary more paved open storage and the decant and washout stations are proposed; employee and fleet parking as well as the drain truck shed are located in a majority of the center of the site; in the south and southeast area of the site the administration building,fleet maintenance building, broom truck shed, and covered storage is shown on the concept plan. Please see the phasing plan in the exhibit section below(Exhibit VILE)for when these areas are proposed to be constructed from approximately 2021-2028. Staff notes that the location of the decant and washout areas have been moved since the revised concept plan was submitted to a new location outside of the floodplain and is therefore not accurately shown on the phasing plan. E. Dimensional Standards(UDC 11-2): The Applicant is proposing to annex the subject property into the City with the I-L zoning district which does not have a minimum lot size. As noted above,the proposed use meets the requested zoning and the dimensional standards noted in the specific use standards. The project requires both landscape buffers and building setbacks,per the I-L dimensional standards. At a minimum, there is a 25-foot landscape buffer required adjacent to Ustick and a 20-foot landscape buffer required along the new collector street,Naomi Avenue. In addition,the I-L zoning district requires a street setback of 35 feet. The submitted site plan shows the required 35-foot building setback from Ustick but shows only a 25-foot setback from the future Administration Building to the new segment of Naomi Avenue. This should be corrected with future development applications. In addition,the I-L zoning district has a minimum landscape buffer of 25 feet to any residential use which is applicable along the west property boundary where Naomi Avenue is not proposed adjacent to the parcel to the west. The submitted concept plan shows this 25-foot landscape buffer compliant with the required dimensional standards. The proposed building height of any future buildings are not known at this time but Staff presumes none are proposed near the 50-foot height limit of the I-L zoning district. With future Page 8 CZC submittals, Staff will confirm conformance with the required dimensional standards of the I- L zone and the Public Utility, Major specific use standards(11-4-3-31). Therefore,the prosed project meets all required dimensional standards outlined in UDC 11-2C-3 except for the required street setback to Naomi Avenue. Staff has recommended this be corrected prior to future CZC submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has not submitted any conceptual elevations of the future buildings. According to the submitted concept plan,there will be an Administration building, Maintenance building, and a long"L" shaped covered storage building that will require future Administrative Design Review (DES) approval as fixture development occurs that will also require Certificate of Zoning Compliance(CZC). Because future buildings are not proposed until later phases of the project and because they will require CZC and DES approval, Staff does not find it necessary to obtain conceptual elevations at this time.However, due to existing and established residential homes to the south and Ustick being a heavily trafficked arterial roadway, Staff is recommending a DA provision that any future building fagade that is visible along Ustick Road is held to the Commercial design standards in lieu of the Industrial design standards. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via construction of a new collector street that aligns with Naomi Avenue to the south. The Applicant is proposing to construct the collector street as a 3-lane, 52-foot wide street section within 74 feet of right-of-way with 5-foot detached sidewalk on the east side of the street; when the property to the west redevelops they will be expected to complete the street with sidewalk on their side of Naomi. The submitted plans show this new road to terminate in a temporary hammerhead type turnaround approximately 625 feet into the site for future road connectivity to the west. ACHD has offered their approval of the proposed Naomi Avenue extension and termination on the north side of Ustick Road. There is an existing home on the property that is expected to be sold and moved to a new property which allows the existing access to Ustick to be closed sooner than originally proposed. Off of Naomi Avenue,the Applicant is proposing two driveway accesses for access into the maintenance facility located approximately 360 and 625 feet north of Ustick Avenue. The concept plan also shows each access to be gated approximately 150 feet from the edge of right-of- way of Naomi. ACHD has given their approval of the proposed driveway and gate locations for the maintenance facility because they meet district policies. Lastly,the concept plan also shows a westbound deceleration/right-hand turn lane from Ustick onto Naomi Avenue. The Applicant has stated a desire to include this right-hand turn lane for trucks and other vehicles to access Naomi without impeding traffic along Ustick. Staff is supportive of this.ACHD has noted within their staff report this dedicated right-hand turn lane is not required by ACHD because Ustick Road is programmed to be widened to 5 lanes of travel within 10 years. The Naomi Avenue extension would allow for future public road connectivity for the parcels to the west and allow for more efficient traffic management along the Ustick corridor than individual nonresidential access points to Ustick common within industrial areas. Staff appreciates the initial investment being placed on the road infrastructure and extension.All of the proposed access points (including the existing driveway closure) meet UDC requirements and ACHD has noted compliance with district policy. Therefore, Staff supports the proposed access and transportation element of the proposed project. Page 9 H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6B for nonresidential uses based on the ratio for industrial zoned properties of one (1) space for every 2,000 square feet of gross building floor area. Staff will confirm compliance with these standards at the time of CZC submittal for each building. The proposed use of a maintenance facility will rarely have any customers so the vast majority of parking needs would be for employees. Initial review of the concept plan does not give Staff any concern over the amount of parking due to the proposed use and ample area for additional paved parking. I. Sidewalks(UDC 11-3A-17): 5-foot wide detached sidewalks are proposed within the required landscape buffers to Ustick Road and the new Naomi Avenue collector street(due to alignment, sidewalks are only proposed on the east side of Naomi).At the terminus of Naomi,the 5-foot sidewalk is proposed to continue north within the required 25-foot land-use buffer along the west property boundary and connect to the required multi-use pathway segment at the north property boundary. The proposed sidewalk meets UDC requirements. There is currently no sidewalk to either the east or west of the subject site because neither property is developed at this time. Further to the east, approximately'/mile, there is existing sidewalk on the north side of Ustick constructed as part of the McNelis Subdivision. This area of the City is rapidly developing so sidewalks should be constructed with the landscape buffers for overall connectivity. As properties further to the west and east develop in the future adequate pedestrian facilities will be required and will connect to the overall sidewalk network. In addition, the intersection of Naomi and Ustick is slated to be signalized in the future as more development occurs in this area. A signal in this location would allow for safe pedestrian crossing to the established sidewalk network on the south side of Ustick that offers connection to both Black Cat and Ten Mile Roads. Furthermore, the sidewalk connection to the multi-use pathway segment along the north boundary would allow pedestrian connection back to Ten Mile Road through the regional pathway network. Overall, Staff supports the proposed detached sidewalk layout and locations within the landscape buffers. J. Pathways (UDC 11-3A-8): Consistent with the sidewalk facilities,the proposed regional pathway extension is required of the Applicant. In addition,the Applicant is required to construct a pedestrian bridge over the Ninemile Creek to connect to the existing pathway segment at the west boundary of the McNelis Subdivision. The submitted concept plan shows compliance with all of the requirements surrounding the construction of the multi-use pathway except for the required landscaping along both sides of the pathway. The north side of the pathway is encumbered by the irrigation easement so the Applicant has proposed trees only along the south side of the pathway. Staff is not necessarily against this but the Applicant should be required to apply for Alternative Compliance with the first CZC to determine the adequate alternative to the landscaping requirement along the creek. To ensure these pedestrian facilities are constructed, especially the multi-use pathway segment, Staff is recommending the pathway and sidewalks are constructed with phase I when the landscaping and fencing are proposed. Page 10 K. Landscaping(UDC 11-3B): The Applicant is required to construct landscape buffers along Ustick Road,Naomi Avenue, and the remaining western boundary. In addition,the Applicant is required to install landscaping along the multi-use pathway along the north property. The buffers along Ustick and Naomi are governed by UDC 11-313-7; the land use buffer along the remaining west property boundary is governed by UDC 11-313-9; and the multi-use pathway landscaping is governed by UDC 11-313- 12. The Applicant did not submit specific landscape plans for the project but the revised color concept plan(Exhibit VII.C)does depict proposed landscaping in the required areas. The revised color concept plan shows lawn and trees within each required landscape area.As noted previously, Staff is recommending denser landscaping within the landscape buffer to Ustick Road to help mitigate any noise, light, or fumes from the maintenance facility. Furthermore, the landscape buffers should be constructed with phase I for this exact reason. The landscaping shown on the color concept plan appears to meet code requirements but further analysis will be done with the first CZC submittal and a specific landscape plan is submitted. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed. The Applicant is proposing to construct 8-foot tall chain-link fencing with 2 feet of barbed wire above that along the north and east property lines—this fencing is also proposed to be coated in a colored and rubberized material.Along the west and south property boundaries, the Applicant is proposing 8-foot tall TREX fencing(see fencing rendering below,Exhibit VILD). The proposed TREX fencing is being strategically proposed to offer the most screening and buffering to the existing residences. 8-foot tall fencing is allowed within industrial zoning districts and per the height definition of fencing provided in UDC, barbed wire fencing is not included in the height measurement of fencing and is allowed in the I-L zone. M. Waterways(UDC 11-3A-6): The subject site abuts two waterways along the north and northeast property boundaries—the Fivemile Creek runs along the north boundary and the Ninemile Creek forks off of the Fivemile and runs along the north segment of the east boundary. The Master Pathways Plan depicts a segment of the regional pathway system adjacent to the Fivemile Creek but also requires a pedestrian bridge to the northeast of the site in order to connect to the existing multi-use pathway segment further to the east. The Applicant has proposed to build the required multi-use pathway as well as to construct the pedestrian bridge over the Ninemile Creek to the east. Staff appreciates the added cooperation with the Parks Department on extending pedestrian facilities. In addition to the pedestrian elements surrounding the adjacent waterways,there is floodplain located on the north quarter of the site. Staff has reviewed the site for compliance and notes that a floodplain permit(s)will be required and that future construction within the floodplain will be required to adhere to MCC 10-6 for structure elevations and waterproofing. Further and more specific analysis will be done by Staff with future development applications. In addition, additional environmental permits may be required with the federal government depending on where the final location of specific items are located onsite (i.e. fuel tanks,decant station, etc.). N. 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.No irrigation plans have been submitted for industrial use at this time. With future development applications,the Applicant will be required to provide a pressurized Page 11 irrigation system for the required landscaping around the site. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on June 17,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning request. 1. Summary of Commission public hearing_ a. In favor: Becky McKay,Applicant Representative b. In opposition:None c. Commenting. Becky McKay; Lloyd Carnegie,ACHD Maintenance Manager. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner. f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. key issue(s)of discussion by Commission: a. Timeline for the use of the site, construction of the westbound deceleration lane, and overall phasing; b. Potential issues associated with having large trucks utilizing Ustick Road and the site prior a deceleration lane being constructed by ACHD as part of the overall road widening project---:A stated that consistent truck traffic to the site should not occur until after the Ustick Road improvements due to overall timing and use of other maintenance facilities in the valley as well as the timing of developing the subject site; C. Estimated timeline for Ustick Road widening Applicant stated there is a desire to move up the construction of this road widening project to 2024 instead of between 2026-2030; d. How concrete the proposed concept plan is in terms of building placement and phasing; e. Capacity of the Commission/City to limit the use of heavy truck traffic for the site via a condition of approval or DA provision. 4. Commission change(s)to Staff recommendation: a. Create a new DA provision to help limit heavy truck traffic until Ustick Road is widened and the deceleration lane is constructed. 5. Outstandingissue(s)ssue(s) for City Council: a. Connection to City Sewer services and what the alternatives may be—Planning Staff is still not aware of the final alternative decided by the Applicant and the City Engineer; if an answer is known prior to the meeting, Staff will alert City Council. C. City Council: Enter Summary of City Council Decision. Page 12 VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps ACHD USTICK PROPERTY - ANNEXATION LOCATED IN THE SE 1/4 OF SECTION 34, T4N, R1 W, BM, ADA COUNTY, IDAHO C 1/4 1/4 _ _ _ _ S8917'01"E 2647 77 34 35 CURVE TABLE LINE TABLE LINE TABLE I I CURVE LENGTH RADIUS DELTA BEARING CHORD LINE LENGTH BEARING LINE LENGTH BEARING C1 98.65' 337.00' 16'46'20' S80'41'21'E 98.30' L1 182.16' S7218'11'E L8 105.95' S72'36'59"E C2 117.40' 458.00' 14'41'10" S79'38'46"E 117.07' L2 145.45' N68'09'49"E L9 45.13' S42'31'05"E r l C3 99.31' 229.00' 24'50'50" N80'35'14"E 98.53' L3 243.43' S53'20'11"E L10 84.44' N89 07'11"W W w I C4 53.16' 143.00' 2118'00" N78'48'49'E 52.86' L4 43.02' SO'53'03"W L11 49.81' 1 SO'09'49'E a C5 42.20' 65.00' 3772'00" 571'56'11'E 41.46' L5 295.14' N64'08'05"W L12 45.13' N42'34'43"W Z I C6 122.51' 100,50' 69'50'36" S37'41'41'E 115.06' L6 277.37' S64'49'45"W L13 105.95' N72'36'38"W C7 152.82' 290.92' 30'05'54" S57'34'02'E 151.07' L7 140.80' S2'46'23"E C8 100.29' 190.92' 30'05'55" N57'33'40'W 99.14' 1 C9 72.79' 200.50' 20'48'02' N62'12'37"W 72.39' CS 1 16 _ FIVE MILE CREEK 362.98' IJ N S89'04'31"E-Cl -'t1 C3 N89'2T49"E,C5� 434.23' C2 1 S86'59'21"E-940.67' !3_ o S&1'07'09`N L6 N89'0'303 Ol''w �S 287.40 N86'15'46"W 701.30' ANNEXATION AREA = 30.27 ACRES c6 L8 J 19 � N 3 !�� �y !1•6�F' � PARCEL SO434438600 z 3764 W. USTICK RD. y`�0.�ss � ���. 46 o Yr%`9� '3� � o C3 ,o s2ly ,F ry/ POINT OF sd,lo� si. BEGINNING o`sue, �'' � �10 34 N89'07'11"W 825.29' 795,86' _ _ 935,01' 34 35 3 i/4 2640.61' W. U5i1CK RD. IBASIS OF BEARING 3 z A \�NpL LA Afo 0 0 -OH 2110= Lan �1ut1on 0' 200' 400' 800' �, f"' of ���5 Land Surveying and Consulting S A 231 E_5TH$T_,STE_A 01V W Tar MERIDIAN,ID 8254 (208)26&2040 (M)288.2557 fax WWW,]and6vlution�biz JCB�;.::- '- Page 13 Legal Description ACHD Ustick Property -Annexation A parcel located in the SE '/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a point marking the southwest corner of said SE %, from which a point marking the southeast corner of said SE'%bears S 89'07'11" E a distance of 2640.61 feet; Thence along the westerly boundary of said SE '% N 0043'44" E a distance of 1290.37 feet to a point on the centerline of the Five Mile Creek; Thence along said centerline, also being the southerly boundary of that annexation parcel as described in Ordinance No. 784, Instrument No. 98003485, records of Ada County, Idaho, the following described courses and distances: Thence S 89°04'31" E a distance of 434.23 feet to a point; Thence a distance of 98.65 feet along the arc of a 337.00 foot radius curve right, said curve having a central angle of 16°46'20" and a long chord bearing S 80°41'21" E a distance of 98.30 feet to a point; Thence S 72'18'11" E a distance of 182.16 feet to a point; Thence a distance of 117.40 feet along the arc of a 458.00 foot radius curve left, said curve having a central angle of 14°41'10" and a long chord bearing S 79°38'46" E a distance of 117.07 feet to a point; Thence S 86°59'21" E a distance of 940.67 feet to a point; Thence a distance of 99.31 feet along the arc of a 229.00 foot radius curve left, said curve having a central angle of 24°50'50"and a long chord bearing N 80°35'14"E a distance of 98.53 feet to a point; Thence N 68°09'49" E a distance of 145.45 feet to a point; Thence a distance of 53.16 feet along the arc of a 143.00 foot radius curve right, said curve having a central angle of 21°18'00" and a long chord bearing N 78°48'49" E a distance of 52.86 feet to a point; Thence N 89°27'49" E a distance of 362.98 feet to a point; Thence a distance of 42.20 feet along the arc of a 65.00 foot radius curve right,said curve having a central angle of 37'12'00"and a long chord bearing S 71'56'11"E a distance of 41.46 feet to a point; Thence S 53'20'11"E a distance of 243.43 feet to a point on the easterly boundary of said SE La_I8d::01,gfi0n ACHD Ustick Property Annexation Q__ ' .d S„ ,m,..d C.ewtm Page 1 of g Jab geo.1 of 3 3 Page 14 Thence leaving said Five Mile Creek centerline and along said easterly boundary of the SE '/4 S 0°53'03"W a distance of 43.02 feet to a point; Thence leaving said easterly boundary N 64°08'05"W a distance of 295.14 feet to a point marking the northeasterly corner of McNelis Subdivision as shown in Book 100 of Plats on Pages 13082 through 13084, records of Ada County, Idaho; Thence along the northerly and westerly boundary of said McNelis Subdivision the following described courses and distances: Thence N 89°07'41"W a distance of 303.80 feet to a point; Thence S 64°49'45"W a distance of 277.37 feet to a point; Thence N 86'15'46"W a distance of 701.30 feet to a point; Thence S 81°07'09"W a distance of 287.40 feet to a point; Thence S 2°46'23"E a distance of 140.80 feet to a point; Thence a distance of 122.51 feet along the arc of a 100.50 foot radius curve left, said curve having a central angle of W50'36" and a long chord bearing S 37d41'41" E a distance of 115.06 feet to a point; Thence S 72d36'59" E a distance of 105.95 feet to a point; Thence a distance of 152.82 feet along the arc of a 290.92 foot radius curve right, said curve having a central angle of 30d05'54" and a long chord bearing S 57°34'02" E a distance of 151.07 feet to a point; Thence S 42°31'05" E a distance of 45.13 feet to a point; Thence continuing along said boundary and the extension thereof S 36d50'13" E a distance of 861.51 feet to a point on the southerly boundary of said SE%; Thence along said southerly boundary N 89'07'11"W a distance of 84.44 feet to a point marking the southeasterly corner of"Parcel C" as shown on Record of Survey No. 6018, records of Ada County, Idaho; Thence leaving said southerly boundary and along the easterly boundary of said "Parcel U N 37d06'59"W a distance of 584.06 feet to a point marking the northerly corner of said "Parcel C", Thence along the westerly boundary of said"Parcel U S 0d09'49" E a distance of 49.81 feet to a point marking the northeasterly corner of"Parcel B"as shown on said Record of Survey No.6018, also being the northeasterly corner of that annexation parcel as described in Ordinance No. 02- 992, Instrument No. 103012606, records of Ada County, Idaho Thence along the northerly and westerly boundary if said parcel the following described courses and distances: Lzi��r�'ution ACHD Ustick Property Annexation Job No.21 Land Surveying and Consulting Page 2 off 3 3 Page 15 Thence N 36°49'52"W a distance of 255.94 feet to a point; Thence N 42°30'43"W a distance of 45.13 feet to a point; Thence a distance of 100.29 feet along the arc of a 190.92 foot radius curve left, said curve having a central angle of 30°05'55" and a long chord bearing N 57°33'40" W a distance of 99.14 feet to a point; Thence N 72°36'38"W a distance of 105.95 feet to a point; Thence a distance of 72.79 feet along the arc of a 200.50 foot radius curve right, said curve having a central angle of 20°48'02" and a long chord bearing N 62°12'37" W a distance of 72.39 feet to a point; Thence S 0°48'30" W a distance of 760.49 feet to a point on the southerly boundary of said SE%; Thence leaving said boundary and along said southerly boundary N 89*07'11" W a distance of 825.29 feet to the POINT OF BEGINNING. This parcel contains 30.27 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \oNPU LA Nos Land Solutions, PC 5 STFF GpL April 14, 2021 m 0 11118 oy �y/mil ( �iL9TF �O �5�0 F TON W NP � �� �ons ACHD Ustick Property Annexation Q----' 3 U.d 5-1ying—d C—ultlng Job No. of 3 Page 3 of 3 Page 16 B. Revised Concept Plan(dated: 4/14/2021) �I b _ � 1 E T ' J, l ' I 1 � (1-LL r I U �� _'yI , InI � A1,Y1111 4l).e - �m svae'ww�wsv'� T a� ,. �• — r 'III Y T' 11 II IN ZVI Pig fl a y � 4 I I 0 A T Ll T _ / 9 MINE Mop ACID MAINTENANCE FACD ITY ENGINEERING PIANNLR/CONTACT OWNERIAPPLICAN V) - W.USTICK ROAD (� icn couun nmr«w�usmla - PRELIMINARY SITE {S PLAN OLUTIONS„a Page 17 C. Color Concept Plan G� I I I I E C --E- £ L j I ask— LF I J I I I I r r z � Page 18 D. TREX Fence Example Page 19 E. Revised Phasing Plan- 6/14/2021� Not upda4ea a-a NOT APPROVED Erg FiIg MlL6 CkE£X L———————- A! CONSTRUCTION PHASE TIMELINE KEY _-L � PRA2EP _ — — 2022 2223 AffW4 PXAS25 II FCr laze . ,�..�__ I CONSTRUCTION PHASE TIMELINE (2021-2028) ACHD MAINTENANCE FACILITY — -------- W. USTICK ROAD W. USTICK RCAF] ,re, ni+Mac.� W. USTICK ROAD 1„= 150, �— T T O _— r LOCATED IN THE SE 1/4 OF SECTION 34, r'—T---i - -- — —T---�� II F T.4N., RAW.,B.M. U ADA COUNTY, IDAHD os-1�—s1 Page 20 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 and the property owner(s)at the time of annexation ordinance adoption. 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 concept plans included in Section VII and the provisions contained herein. b. With the first phase of development,the existing home shall be removed and the existing driveway access to Ustick Road shall be closed. c. Future structures proposed along the Ustick Road frontage shall adhere to the Commercial district design standards in lieu of the Industrial district design standards. d. The required multi-use pathway segment, detached sidewalks along Ustick and Naomi, 5- foot micro-path, and landscape buffers shall be constructed with the first phase of development. e. The Applicant shall construct all fencing as proposed on the approved concept plan to specifically include closed vision fencing along the south and west property boundaries. £ With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development, the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. g. Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. h. With the first Certificate of Zoning Compliance application,the landscape buffer to Ustick Road shall be vegetated with additional landscaping to include: trees that touch at maturity,and; incorporate landscape beds along the entire fence line for added shrubs and vegetation to help mitigate any noxious uses within the site. i. The Applicant shall adhere to the specific use standards for the approved Public Utility, Major use, as outlined in UDC 11-4-3-31. j. No building permit shall be submitted until phase 4 of the project consistent with the submitted and revised phasing planOR until the Ustick Road widening and deceleration lane at Naomi Lane and Ustick Road is constructed. Page 21 2. Prior to commencing any site development,the Applicant shall obtain Certificate of Zoning Compliance(CZC) approval for the first phase of site development. Any future buildings and site development will also require CZC approval. 3. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district and in UDC 11-4-3-31 for the Public Utility, Major specific use standards. 4. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-613 for nonresidential uses within the I-L zoning district. 5. The Applicant shall comply with all ACHD conditions of approval. 6. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 7. 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 Fivemile Creek 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). 8. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 With the first phase of development,the Applicant shall connect to City water and sewer services, if available. Should sewer service not be available at the time of development,the Applicant shall connect to sewer services when available or the water service may be discontinued by the City. 1.2 Provide a utility easement for the benefit of the City through the site to parcel SO434438850 to the east along the north half of the boundary for future sewer infrastructure. Coordinate the exact location with Public Works staff. Page 22 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 be dedicated via the City of Meridian's standard forms. The easement shall be graphically depicted on the construction 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. 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 irrigation ditches, canals, laterals, or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed 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. 2.6 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. 2.7 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. 2.8 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.9 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. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 23 2.11 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.12 All grading of the site shall be performed in conformance with MCC 11-12-31-1. 2.13 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. 2.14 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. 2.15 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.oMIgublic worb.aspx?id=272. 2.16 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. PARKS DEPARTMENT—PATHWAYS https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=230782&dbid=0&repo=MeridianC iv D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=230783&dbid=0&r0o=MeridianC iv 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; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the I-L zoning district with the proposed Public Utility, Major use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met to help mitigate any noxious uses nearby the existing residences to the south. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested I-L zoning district and is consistent with the purpose statement of the requested zone. Page 24 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 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 Commission 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. Commission finds the annexation is in the best interest of the City. Page 25 Page 36 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing Continued from August 10, 2021 for Woodcrest Townhomes (H-2021-0015) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Rezone of 2.10 acres of land from the L-0 (Limited Office) to the R-15 (Medium High- Density Residential) zoning district. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: September 7, 2021 Topic: Public Hearing Continued from August 10, 2021 for Woodcrest Townhomes (H- 2021-0015) by Blaine A. Womer Civil Engineering, Located at 1789 N. Hickory Way A. Request: Amendment to the Comprehensive Plan Future Land Use Map to change the future land use designation on 2+/- acres of land from the Commercial to the Medium High-Density Residential designation. B. Request: Rezone of 2.10 acres of land from the L-0 (Limited Office) to the R- 15 (Medium High-Density Residential) zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing PUBLIC HEARING SIGN IN SHEET DATE : September 7 , 2021 ITEM # ON AGENDA : 3 PROJECT NAME : Woodcrest Townhomes ( W2021 - 0015 ) 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 1 (C Zv 0a .1 crp '>' - A/O 2 Zoo 5 4 14 5 �C 5 Lb 6 7 8 9 10 11 12 13 14 } cr PO N /�! .• / • / IWO 04 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING September 7,2021 Legend ® - - DATE: (Continued from August 10, 2021) Iff t L<=fior - TO: Planning&Zoning Commission �B 00 FROM: Sonya Allen,Associate Planner 0 208-884-5533 , 00 SUBJECT: H-2021-0015 Woodcrest Townhomes—CPAM, RZ F1 LOCATION: 1789 N. Hickory Way, in the SE '/4 of Section 5,Township 3N.,Range IE. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 2.10-acres of land from Commercial to Medium High-Density Residential; and Rezone(RZ) of 2.10-acres of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.97-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential and office Current Zoning Limited Office(L-O) Proposed Zoning R-15 (Medium High-Density Residential) Lots(#and type;bldg/common) NA(property is not proposed to be subdivided at this time) Phasing plan(#of phases) NA Number of Residential Units(type 19 units(single-family attached&townhouse dwellings) of units) Density(gross&net) 10.8 units/acre(gross)/13.5 units/acre net Open Space(acres,total[%]/ NA I buffer/qualified) Page 1 Amenities 10' wide multi-use pathway along Meridian Rd./SH-69 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 1/28/21; 10 attendees attendees: History(previous approvals) Annexed&subdivided in 1992 as Angel Park Sub. (Lot 1, Block 1)with L-O zoning;re-subdivided in 2001 (Mallane Commercial Complex PP-00-021);FP-03-001 (Lot 4,Block 1);H-2017-0165 (RZ&CUP—denied) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Hickory Way is improved with 2-travel lanes,curb,gutter& 5' attached sidewalk.No additional improvements or right-of- way dedication is required with this application. • CIP/IFYWP NA Access(Arterial/Collectors/State Access is proposed via the existing driveway via Hickory H /Local)(Existin and Proposed) Way. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comment. West Ada School District Distance(elem,ms,hs) Approved prelim Approved MF Enrolled plat parcels per units per Miles Capacity of Schools for 21-22 Ca aci attendance area attendance area #of Students Enrolled River Valley Elementary 445 700 571 764 1.6 Lewis&Clark Middle School 866 1000 978 1319 2.4 Centennial High School 1981 1900 549 1234 4.8 School of Choice Options Pioneer Elementary(Arts) 713 775 N/A N/A 4.4 Spalding Elementary(Stem) 697 750 N/A N/A 4.1 Wastewater • Distance to Sewer Services Directly Adjacent • Sewer Shed _ 'Go Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.14 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Do not have services crossing private lots •Flow is committed. Page 2 •Existing sewer not shown correctly.Missing existing manhole and shown as extends further into the property then existing sewer actually goes. •There is an existing 8" stub from existing manhole that looks like it will not be used.If this is the case the existing stub must be abandoned at the manhole per City Requirements. •Ensure that infiltration trenches are located so that sewer services do no pass through them. Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Do not have services crossing private lots Page 3 C. Project Maps Future Land Use Map Aerial Map ' Legend Legend 1!!1r1!� NIN Pra}eci Lacafar '1diu L�..+ P,V_v- La-_ _ J MU-RG r—Resldr�tlal utL - rc io 4J 1 4 Zoning Map Planned Development Map ®h1JT R: {�Rj Legend LH L Legend � R1 Pro"ec- Laca=or ® - �1 R-4 ��Pfaject Lacafar g R- RU +_i city Limik m[]d Planned Parce s L R-4 a;-L! L- - RU L-0 ` t R1 � o 0 $o r R-40 1 4 �i RU rH T III. APPLICANT INFORMATION A. Applicant: Andrew Newell,Blaine A.Womer Civil Engineering—4355 W. Emerald St., Ste. 145,Boise, ID 83706 B. Owner: Don Newell,Landmark Pacific Development, LLC—PO Box 1939,Eagle, ID 83616 Page 4 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/14/2021 7/23/2021 Radius notification mailed to property owners within 300 feet 5/12/2021 7/20/2021 Public hearing notice sign posted on site 6/10/2021 7/15/2021 & 8/23/21 Nextdoor posting 5/11/2021 7/20/2021 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map(FLUM)contained in the Comprehensive Plan. This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. The Applicant proposes an amendment to the FLUM to change the existing Commercial designation to Medium High-Density Residential(MHDR). The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The Applicant proposes to develop the site with a total of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre consistent with the land uses and density desired in MHDR designated areas; and an office building. This site abuts a larger residential neighborhood to the north and is located in close proximity to mixed use designated land and employment uses to the east and southeast, including vacant land yet to be developed, The Village at Meridian, Scentsy and other uses along the Eagle Road corridor,which will provide convenient access to services and jobs for residents. The development should incorporate high quality architectural and site design to ensure quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity as desired in MHDR designated areas. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. 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) Page 5 The proposed single-family attached dwellings and 3- and 4-unit townhomes will contribute to the variety of residential housing types in this area and within the City as desired. Single-family detached and attached homes exist to the north and northeast in Dove Meadows subdivision, zoned R-8. • "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 service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed single-family attached and townhouse dwellings will contribute to the diversity in housing types in this area, which currently consist ofsingle family attached and detached homes. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed residential uses will provide a transition in uses between existing single-family homes to the north and commercial/office uses to the south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential development and site design should be compatible with existing abutting single-family residential homes to the north. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed residential Infill development shouldn't negatively impact abutting development as existing uses are also residential in nature and the medium high-density residential uses will assist in providing a transition to the commercial/office uses to the south. • "Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities."(2.01.01C) The proposed MHDR FL UM designation for this property will contribute to the range of residential land use designations in this area of the City which mainly consists of medium density residential (MDR). • "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 with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A street buffer already exists along N. Hickory Way, a collector street, along the northern boundary of the site. Page 6 • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the future subdivision. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 2.10-acres of land from Commercial to MHDR for the development of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre. An exhibit map showing the existing and proposed FLUM designations is included in Section VIII.A. Approval of the proposed amendment to MHDR will contribute to the range of residential land use designations and diversity in housing types and densities in this area as desired. Additionally, it will provide for a transition in land uses between existing medium density residential uses to the north and commercial/office uses to the south and east. The change to a residential designation and subsequent proposed development will provide for fewer vehicle trips per day than would result from commercial development. For these reasons, Staff is in support of the request for a map amendment to MHDR. B. REZONE(RZ) The Applicant proposes to rezone 2.10-acre of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district consistent with the proposed FLUM designation of MHDR. A legal description and exhibit map for the rezone area is included in Section VIII.B. This vacant/undeveloped property is an enclave surrounded by property developed with single-family residential uses to the north and commercial/office uses to the south and east; only the property to the west is yet to develop. Developent of the subject property will provide more efficient provision of City services. A conceptual site plan and building elevations were submitted showing how the property is planned to develop with(19) single-family attached and townhouse dwelling units consisting of(1) single-family attached structure,(3)3-unit townhouses, (2)4-unit townhouses and a 2,500 square foot office building. The property is planned to be subdivided through a future application. The existing subdivision plat(i.e. Mallane Subdivision)requires all lots in the subdivision to obtain conditional use permit approval prior to construction commencing on the lots; this requirement will be removed with re-subdivision of the property. The existing plat also depicts a 10' PUDI easement and 25' wide landscape easement along the west and north boundaries and a sanitary sewer,water main and public utilities easement along the east boundary of the site. The landscape buffer easement will be removed since a landscape buffer isn't required between residential uses and the PUDI easements will be replaced with new easements with the future plat. Single-family attached and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The conceptual development plan depicts access to the site via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. Direct access via Page 7 N. Hickory Way is prohibited. A private street is planned to provide access to the proposed development and for addressing purposes; an application for such should be submitted with the preliminary plat application and compliance with the standards listed in UDC 11-3F-4 is required. Staff recommends the Applicant work with the property owner to the east to extend the private street to Hickory Way in order to better facilitate emergency access to the site for wayfinding purposes. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6. A minimum of 2 spaces are required per dwelling unit for 1-and 2-bedroom units,with at least one of those in an enclosed garage,the other space may be enclosed or a minimum 10' x 20' parking pad. For 3-and 4-bedroom units, a minimum of 4 spaces are required per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Garages are proposed for each unit with parking pads in front of the garages. Four extra spaces for guests are proposed in the common area near the entry. On-street parking is not allowed due to the width of the private street. A minimum of one(1) off-street parking space is required for ever 500 square feet(s.f.) of gross floor area for non-residential uses(i.e. the office). Based on 2,500 s.f. for the office,a minimum of(5) spaces are required. A total of(9)spaces are proposed, exceeding the minimum standards. Most of the parking spaces for the office encroach within the required 20-foot wide buffer to residential uses,which is not allowed. Because the site is below 5-acres in size, qualified open space and site amenities are not required by the UDC per UDC 11-3G-2.A total of 0.29-acre of open space is proposed as shown on the concept plan. A 20-foot wide landscaped street buffer and attached sidewalk exists on this site along N. Hickory Way that was installed with the subdivision improvements that is proposed(and required)to remain. Conceptual building elevations were submitted for the single-family attached and 3-unit and 4-unit townhouse structures as shown in Section VIII.D. Building elevations consist of a mix of materials including horizontal wood siding,vertical board and batten siding,wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Conceptual building elevations were also submitted for the office with building materials consisting of cement plaster with stone veneer and decorative wood timber accents and architectural asphalt roofing consistent with the residential structures. Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to application for building permits. The City may require a development agreement(DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. Staff Recommendation: Because this is an infill property and has an irregular configuration, development of this site is difficult. The proposed concept plan with an office at the southeast corner with parking that encroaches within the required land use buffer does not comply with UDC standards as noted above and is constricted.The Comprehensive Plan states development in MHDR designated areas should incorporate high quality architectural and site design to ensure quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity.To achieve this goal and alleviate some of the spacial constrictions on the site,Staff recommends as a provision of the rezone that the office building is removed from the plan and open space with quality landscaping and some parking is provided instead with pathways along the south and east sides of the development and a gazebo with a Page 8 seating area as an amenity which can be shared between the residential and commercial development.Prior to the City Council hearing,the Applicant should revise the concept plan accordingly. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on June 3, and July 1,2021.At the public hearingon n July lst,the Commission moved to recommend approval of the subject CPAM and RZ requests to the City Council. 1. Summary of Commission public hearing: a. In favor: Blaine Womer,Applicant's Representative;Louie Mallane b. In opposition:None c. Commenting: Dave McDonald; Shirley Moon; Randy Nelson; Ann Atarian d. Written testimony: None e. Staff presenting_application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) testimony a. Desire for a time limit to be put on the residential FLUM designation/R-15 zoning(if development doesn't occur within a certain timeline,the land use and zoning revert to Commercial/L-O zoning)* traffic&safety concerns on Hickory Way- maintenance of the existing masonry wall and landscape strip along north boundary of sib IL. Inadequacy of parking in this area(Louie's restaurant/bank patrons park on this propertyh C. Unsafe driving conditions due to lack of visibility of cars pulling out onto Hickory Way from the site due to the curve of the road. 3. Ke. ids)of discussion by Commission: a. In favor of the proposed development plan over previous plans for this site; b. Concern pertaining to safety of access onto Hickory Wad c. Preference for the 4-unit townhome proposed along the north boundary to be reduced to a 2-or 3-unit townhouses for better transition to the existing homes to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on August 10,2021.At the public hearing.the Council moved to continue the project to September 7'in order for the Applicant to prepare a parking analysis for the overall area. See submitted parkin-analysis. 1. Summary of the City Council public hearing: a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald,Ryan Abbott d. Written testimony,None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None Page 9 2. Key issue(s)of public testimony: a. Request for the 4-unit townhomes to be relocated to the southern lots or reduced to fewer units- b. Concerns pertaining to traffic and parkjn--. 3. Key issue(s)of discussion by City Council: a. Council questioned the Applicant on why residential is more appropriate than commercial office use of the property as currently zoned—concern due to the loss of commercially zoned land- b. The bulk and height of structures proposed along the northern boundary of the site adjacent to existing single-family residential homes. C. The adequacy of parking proposed for the development and concern for the parking situation for the overall development area including the adjacent restaurant/commercial and bank uses. 4. City Council change(s)to Commission recommendation: a. None Page 10 VIII. EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date-6/28/2021 Adopted Land Uses 500 1,000 s Feet Medium.Density 'Residenfial MU-RG ewood Legend `TMISAP Boundary Commercial Low Density Residential Medium Density Residential Med-High Density Residential - High Density Residential -Commercial I-C Office General Industrial j - Industrial � civic Proposed Land Uses Old Town Mixed Use Neighborhood Mixed Use Community Mixed Use Regional _ -_ - Mixed Use Non-Residential 0 MixedUse-Interchange edium-Density 'Residential Low Density Employment -j__j---_ I U - High Density Employment Mixed Employment MU-KG —J MU-Res �— Med-High L— MU-Cam ❑enW ® Lifestyle Center Residential •ommercial 1 � MU C Generallndustrial Page 11 B. Rezone Legal Description and Exhibit Map WOODCRESI'TOWNHOMES SUBDIVISION EXHIBIT'A' LEGAL.DESCRIPTION A PARCHL LOCATED IN THE SOUTIIWEST 1/4 OF TIM SOUTHEAST 114 OF SECTION 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK 1 OF MALLANE SUBDIVISION,AS SHOWN IN BOOK 87 OF PLAI'S ON PAGES 9881 THROUGH 9883,RECORDS OF ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTH 114 CORNER OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 00028'03"EAST A DISTANCE OF 6T 14 FEET TO A 5/8 INCH DIAMETER I ON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID MALLANE SUBDIVISION; THENCE CONgTNUING NORTH 001128'43"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 252.95 FEET TO A 112 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAID LOT 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00028'03"EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 129.73 FEET TO A 518 INCH DIAMETER IRON PIN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; I HLNCE CONTINUING NORTH 4301932"EAST ALONG THE NORTHEASTERLY PROLONGATION OF SAID NOTIIWESTERLY BOUNDARY, A DISTANCE OF 34.49 FEET TO THE CENTER LINE❑F NORTH HICKORY WAY, THENCE SOUTH 76012'56"EAST ALONG SAID CENTER LINE,A DISTANCE OF 90.01 FE13T TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 400.00 FEET, THENCE SOUTHEASTERLY ALONG SAID CENTER LINEAND SAID TANGENT CURVE,93.24 FEET THROUGH A CENTRAL.ANGLE OF 13021'21"TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAID LOT 4; Page 12 PAGE 1 OF 2 THENCE SOUTH 00°2644"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33.93 FEET TO A 1/2 INCH DIAMETER IkON PIN MARKING THE MORTHFAST CORNER OF SAID LOT 4; THENCE SOUTH W0°26"44"WESTALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING SAID EASTERLY BouNDARy NORTR 89*3420"WEST,A DISTANCE OF 244.56 FEET TOA5/8 INCH DLAMETER IRON PIN; THENCE SOUTH 00°28'04"WEST,A DISTANCE OF 47.00 FEET TO A 5f8 INCH DIAMETER IRON PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 8"722"WEST ALONG SAID SOUTHERLY BOC]NDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES,MORE OR LESS. EXHIBIT`B'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. r L Ear 7 732 Page 13 0 R1 A 4- 0 za a rn rn o 6 . . . . ... . . . . . . . .... . . . ... ... ..... .. . . . . ... . .. . . ..... .. ... ........ .... .. ... ..... .. .... . ......... . . . ....... .... ...........::....:: .. . �v :.. .. .. ... .. ...:•.:-:::.:: .. .. 66 LA IV 7732 kIvIa '�] A• JN14120 Annexation Description 4/21/2021 Scale: 1 inch= 50 feet File: Tract 1:2.1063 Acres(91752 Sq.5eet),Closure:00.0000e 0,00 ft.(V281991).Perimeter=1276R. 01 n00.2803e 129.73 08 n89-3420w 244.66 02 n43.1932e 257.72 09 s002804w 47 03 n43.1932e 34.48 10 o89.3722w 129.2 04 s76.1256e 90.01 05 Rt,r=400.00,delta=013.2121,arc---93.24 06 s00.2644w 33.93 07 s- 0OIN44w 210.08 Page 14 C. Conceptual Development Plan-REVISED .{• ,fr f � f f f f f! I yII f f l+CMIPI I, i f c�s•ra� iex�i If F E I k I 6T 4 ETT H E III F6 ET L- ro my�v� Page 15 BNLUABEELM19 f 1 ,,•:,?�N - r,rc..; a ' DormMraMep ONy A � MR:.., EIIY OF MERIOWN,17 R n�iv�whrvYclielflw- -cr L- WOWOiEST TOWNHOML,5ULijmsl0k nai m o�¢i n E SLAIN evcN� cR •L6�e®. GOhGEP1 PIAN call berviepauaiy `a%"cnwi¢'i o. ] Page 16 D. Conceptual Building Elevations z--�m ------------ --- ----------- All &!H J "1 11 1 J 6 6 WOODCREST TOWNHOMES(2 UNIT) ARCHITECTURE Page 17 F■ 1:1 JM `e WOODCREST TOWNHOMES(3-UNIT) ARCHITECTURE IL .......n.... 96LRP-L � WOOUCREST TOWNHOMES(3-UNIT) T� Page 18 I ❑' ❑------� ❑ m� III _ FI7 - --- --- 6M- WOODCREST 70WNHOMES(4-UNIT) ARCHITECTURE ,,,�,� ❑ ❑ ❑ 8 WOODCREST TOWNHOMES(4-UNIT) ARCHITECNftE ��, Page 19 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION P40F tO the City Couneil hearing, Staff recommends the eoneeptual development plan iS FeNUed to Femove the offlee building and Feplaee it with eommon open spaee with quality landseaping that iHeffpffates the following! paFk4lig,pedestFian pathways along the south and east sides of the development,and a gazebo with a seating fiFen whieh ean be ShaFed between the Fesidentifil and eommeFeial development; 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 conceptual development plan and building elevations included in Section VIII and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual.An application for Design Review shall be submitted and approved for the single- family attached and townhouse structures prior to submittal of building permit applications. c. Direct access via Hickory Way is prohibited. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of a Certificate of Zoning Compliance and Design Review application(s)for the site. f. The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes. B. PUBLIC WORKS Site Specific Conditions of Approval 1.1 No Permanent structures (buildings, carports,trash receptacle walls, fences, infiltration trenches, lightpoles, etc.)can be built within the utility easement. 1.2 Do not have water and/or sewer services crossing private lots. 1.3 The existing sewer is not shown correctly. Missing existing manhole and shown as extending further into the property then existing sewer actually goes. 1.4 There is an existing 8" sewer stub from existing manhole that looks like it will not be used. If this is the case the existing stub must be abandoned at the manhole per City Requirements. 1.5 Ensure that infiltration trenches are located so that sewer services do no pass through them. Page 20 General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. Page 21 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 887-221 L. Page 22 C. FIRE DEPARTMENT 1. Roadways: When required by the Fire Marshall, "No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC.No other signs shall be approved: Roadways: All entrances, internal roads, drive aisles,and alleys shall have a turning radius of 28' inside and 48' outside,per International Fire Code Section 503.2.4. Roadways: All common driveways and alleys shall be maintained at all times for access by fire, police and EMS at all times of the year. D. POLICE DEPARTMENT No comments at this time. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.oLvlWebLinkIDocView.aspx?id=228988&dbid=0&repo=MeridianCity&cr =1 F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:llweblink.meridianciN.orglWebLinkIDocView.aspx?id=228242&dbid=0&repo=MeridiancioX G. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancioy.orglWebLink/DocView.aspx?id=229685&dbid=0&repo=Meridian City H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=228193&dbid=0&repo=Meridian City X. FINDINGS A. Comprehensive Plan Map Amendment 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The Commission finds the proposed amendment to MHDR is consistent with the Comprehensive Plan in that the proposed infill development will provide a transiton in uses from single-family residential to commercial uses to the south and contribute to the diversity in housing types in this area as desired. 2. The proposed amendment provides an improved guide to future growth and development of the city. The Commission finds that the proposal to change the FLUM designation from Commercial to MHDR will allow a transition in uses between existing medium density residential homes and commercial uses and will provide an improved guide to future growth and development of the City. 3. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The Commission finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section V. Page 23 4. The proposed amendment is consistent with the Unified Development Code. The Commission finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. The Commission finds the proposed amendment will be compatible with abutting existing residential uses and existing commercial land uses in the near vicinity. 6. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The Commission finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, the Commission finds that the proposed amendment is in the best interest of the City. B. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds the Applicant's request to rezone the subject property with R-15 zoning and develop single-family attached and townhouse dwellings on the site at a gross density of 9.64 units per acre is consistent with the proposed MHDR FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment to R-15 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The Commission finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. Page 24 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 Commission finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. This findings is not applicable as a rezone, not an annexation, is proposed. Page 25 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for City of Meridian's Intent to Convey to the Ada County Highway District Approximately 23,816 Square Feet of Real Property at Discovery Park, Located Off of E. Lake Hazel Rd. and Adjacent to the Proposed Apex Subdivision PUBLIC HEARING SIGN IN SHEET DATE : September 7 , 2021 ITEM # ON AGENDA : 4 PROJECT NAME : City of Meridian ' s Intent to Convey to Ada County Highway District Certain Real Property at Discovery Park 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 SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL PROPERTY AND NOTICE OF PUBLIC HEARING SUMMARY OF ACTION TAKEN: On the 27th day of July, 2021, the City Council of the City of Meridian approved Resolution No. 21-2279 declaring the intent of the City to convey to the Ada County Highway District approximately 22,082 square feet of real property located at Discovery Park off of E. Lake Hazel Road Adjacent to the proposed Apex subdivision, approximately 1,320 feet to the east of S. Locust Grove Road. The City of Meridian intends to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIVEN: Pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Tuesday, September 7, 2021 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. Publish: 20th day of August, 2021 CHRIS JOHNSON, CITY CLERK ADVERTISING PROOF IDAHO PRESS MERIDIAN PRHmS PO Box 9399 Local News Wortla Holding Emmett 1618 N Midland Blvd, 83651, BOISEWEEKLY Messenger Nampa,ID 83652 i.�dex Ph. (208)465-8129 Fax: (907)452-5054 BILLING DATE: ACCOUNT NO: LEGAL NOTICE 08/18/21 21410 SUMMARY OF ACTION TAKEN REGARDING INTENT TO CONVEY REAL ADRIENNE WEATHERLY PROPERTY AND NOTICE OF PUBLIC HEARING 1 MERIDIAN, CITY OF 33 E. BROADWAYAVENUE SUMMARY OF ACTION MERIDIAN, ID 83642 TAKEN: On the 27th day of July, 2021,the City Council of the City of Meridian approved Resolution No. 21-2279 de- claring the intent of the City to convey to the Ada County Highway District approximate- AD# DESCRIPTION START STOP TIMES AMOUNT ly 22,082 square feet of real property located at Discovery 136282 PH 9/7/2021 08/20/21 08/20/21 1 $43.48 Park off of E.Lake Hazel Road Adjacent to the proposed Apex subdivision, approximately 1,320 feet to the east of S. Locust Grove Road.The City of Meridian intends to convey the real property without con- sideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. NOTICE IS HEREBY GIV- EN:Pursuant to the Ordinanc- es of the City of Meridian and the Laws of the State of Idaho (including but not limited to Idaho Code section 50-1403), the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Ave- nue, Meridian, Idaho, at the hour of 6:00 p.m.on Tuesday, September 7, 2021 for the purpose of considering and approving the proposed real property conveyance. For further information, please contact the City Clerks Office at 888-4433. August 20,2021 136282 Payments: Date Method Card Type Last 4 Digits Check Amount Discount: $0.00 Gross:$43.48 Surcharge: $0.00 Paid Amount:$0.00 Credits: $0.00 Amount Due:$43.48 We Appreciate Your Business! AD#136282 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1938: An Ordinance Authorizing the Conveyance of Certain City-Owned Real Property to the Ada County Highway District for Right-Of-Way Purposes, Consisting of Approximately 0.547 Acres, Located at Discovery Park, 2121 E. Lake Hazel Road, Adjacent to the Proposed Apex Subdivision, Approximately 1,320 Feet to the East of S. Locust Grove Road in Ada County Idaho; Authorizing the Mayor and City Clerk to Execute and Attest on Behalf of the City of Meridian the Deed and Other Documents Necessary to Complete the Transaction; Providing for a Waiver of the Reading Rules; and Providing an Effective Date ORDINANCE NO. 21-1938 CITY OF MERIDIAN BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN CITY OWNED REAL PROPERTY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES CONSISTING OF APPROXIMATELY .547 ACRES LOCATED AT DISCOVERY PARK, 2121 E. LAKE HAZEL ROAD ADJACENT TO THE PROPOSED APEX SUBDIVISION, APPROXIMATELY 1,320 FEET TO THE EAST OF S. LOCUST GROVE ROAD IN ADA COUNTY IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code 50-1401, the City Council has statutory authority to sell, exchange, or convey any real property owned by the city which is underutilized or which is not used for city public purposes; and, WHEREAS, when it is determined by the City Council to be in the City's best interest, the Council may by Ordinance duly enacted, authorize the transfer or conveyance of the real property to any tax supported governmental entity without compensation; and, WHEREAS,the proposed transaction would result in the disposition of real property that is no longer needed for City purposes; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on September 7th, 2021 and at the conclusion of said hearing, the City Council moved to approve the conveyance of the property, subject to certain terms and conditions, and directed staff to bring forth this Ordinance authorizing the conveyance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a public hearing on the proposed conveyance was held at the September 7, 2021 meeting of the Meridian City Council. Section 2. That the City Council determined after the public hearing that the subject property is no longer needed for City purposes and that it is in the City's best interest to transfer the real property to the Ada County Highway District without compensation. Section 3. That the City Council has reviewed and approved the legal description of the Subject Property as identified and depicted on the attached Exhibits A and B, incorporated herein by this reference. Section 4. That the Mayor and City Clerk shall be authorized to execute and attest a standard form warranty deed and any other documents necessary to complete the conveyance authorized by this Ordinance. Section 5.That all City of Meridian ordinances,or resolutions,or parts thereof,which are in conflict herewith, are hereby repealed. Section 6. 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 7" day of September 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of September 2021. APPROVED: ATTEST: Robert E. Simison,Mayor Chris Johnson,City Clerk ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 2 of 7 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Exhibit A - A- A parcel of land being a portion of Government Lot 3,Section 5,Township 2 North, Range 1 East,City of Meridian,Ada County, Idaho being more particularly described as follows: BEGINNING at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 3,which bears N89°58'28"W a distance of 1,331.88 feet from a found brass cap marking the North 1/4 corner of said Section 5,thence following the northerly line of said Government Lot 3, S89°58'28"E a distance of 69.00 feet; Thence leaving said northerly line,SOD°01'43"E a distance of 77.13 feet; Thence 589°58'17"W a distance of 69.00 feet to the westerly line of said Government Lot 3; Thence following said westerly line, N00°01'41"W a distance of 77.20 feet to the POINT OF BEGINNING. Said parcel contains a total of 5,324 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 4 of 7 EXHIBIT B -1 DEPICTION OF REAL PROPERTY -1 n c Proposed Apex Southeast Subdivision No, 1 c c� - SCS Investments, LLC i° C S140S2230020 Q o a a: < rr In W ;;a (n r--Z N00'01'41"W 77.20' N y n O [n c,a G: co 0 tQCR G� V= M 0 U)Ln'•I 52.16' M -TiA 22 z M WeoM C7 O cn i— C7 O DO 77,14' 0°o M -TI = �Qj S00'01'43"E 77.13' 1 rn z 70 cni FL N oa rn p N N� �I,rn n co �:9 I—� C O m N 7, 0 N z\ Q 04 Q MO Q t!7(n 0 C) V rJt Ln lu tV ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 5 of 7 Dthibit A — 'Z A parcel of land being a portion of Government Lot 3,Section 5,Township 2 North, Range 1 East,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 3,which bears N89°58'28"W a distance of 1,331.88 feet from a found brass cap marking the North 1/4 corner of said Section 5,thence following the westerly line of said Government Lot 3,500'01'41"E a distance of 77.20 feet to the POINT OF BEGINNING. Thence leaving said westerly line, N89'58'17"E a distance of 69.00 feet; Thence S00°01'43"E a distance of 156.50 feet; Thence 180.49 feet along the arc of a curve to the right,said curve having a radius of 223.50 feet,a delta angle of 46°16'08",a chord bearing of S23°06'21"W, and a chord distance of 175.62 feet to said westerly line; Thence following said westerly line, N00°01'43"W a distance of 318.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 1.8,492 square feet(0.425 acres), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY -Page 6 of 7 EXHIBIT B - 2 DEPICTION OF REAL PROPERTY I POINT OF COMMENCEMENT NW COR GOV LOT 3 SEC 5 N 1/4 COR SEC 5 FOUND 5/8-INCH REBAR FOUND BRASS CAP E. Lake Hazel Rd. 32 BASIS OF BEARING 32 O N89'58'28"W 1331.88' 5 Soo'01'41"E 5 —77.20'(TIE) POINT OF BEGINNING I N89'58'17"E 69 00' o 0 z � ,n 0 U n o 0 o City of Meridian m o 07 o S1405212410 v EN Lr) � � � x v) L o NON PRESCRIPTIVE u 0 RIGHT-OF-WAY Q an 0 18.492 SFt (0.425 ACt) 0 cii o ci a 0 L CURVETABLE CURVE RADIUS LENGTH I DELTA CHORDBRG CHORD C1 223.50'1 180.49' 46'16'08"1 S23-06.21'V 175.62' ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY-Page 7 of 7 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 . 1 WARI' 0 OVI joo�� William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214938 An ordinance authorizing the conveyance of approximately . 547 acres of city owned real property to the Ada County Highway District for right of way purposes located at Discovery Park, 2121 E . Lake Hazel Road in Ada County Idaho ; and adopting a savings clause . A full text of this ordinance is available for inspection at Meridian City Hall , 33 E. Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. Ordinance Exhibit B (Map) shall be published as part of this Summary. ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY - Page 3 of 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1943: An Ordinance Repealing Title 7, Chapter 5, Meridian City Code, Regarding Golf Carts; and Providing an Effective Date C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: September 7, 2021 Presenter: Estimated Time: 5 minutes Topic: Ordinance no. 21-1943:An ordinance repealing Title 7, Chapter 5, Meridian City Code, regarding golf carts, and providing an effective date. Recommended Council Action: Approve the proposed ordinance repealing Meridian City Code provisions regarding golf carts. Background: The repeal of this ordinance will allow the use of golf carts in all areas of the city, rather than in specifically enumerated neighborhoods. Idaho Code section 49-426(3), as amended by the Idaho Legislature in 2021, states that off-highway vehicles may operate on all public highways within city limits unless the City has acted to close or limit such roads to off-highway vehicles. i CITY OF MERIDIAN ORDINANCE NO . 21 = 1943 BY THE CITY COUNCIL : BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE REPEALING TITLE 7, CHAPTER 5 , MERIDIAN CITY CODE, REGARDING GOLF CARTS ; AND PROVIDING AN EFFECTIVE DATE . WHEREAS , golf carts are specialty off-highway vehicles defined in Idaho Code sections 49 - 116 ( 1 ) and 67 -7101 ( 16) ; WHEREAS, as amended by the Idaho Legislature in 2021 , Idaho Code section 49 -426 (3 ) states that off-highway vehicles may operate on public highways within city limits unless the City has acted to close or limit such roads to off-highway vehicles ; WHEREAS , given the inherent operational limitations of golf carts and the correlating tendency of golf cart users to remain on local roads with lower speed limits and , the City Council of the City of Meridian finds it appropriate to discontinue regulation of the operation of golf carts on public roadways within city limits ; NOW, THEREFORE , BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO : Section 1 . That Title 7 , Chapter 5 , Meridian City Code, shall be repealed . I Section 2 . That this ordinance shall be effective immediately upon its passage and publication . PASSED by the City Council of the City of Meridian, Idaho , this 7th day of September , 20210 j APPROVED by the Mayor of the City of Meridian, Idaho , this 7th day of September 2021 . RATED q GO�Qp � j PROVED : / ' ATTEST : r✓ ►'[ � c ��. r w \ IDI�N � � IOAHp o ert CICA)ON n, Mayor ris n , t z �. CERTI OF SUMMARY : 7REWilliamry, City Attorney of the City of Meridian, I o, hereby certifies that the summary be ' s tr and complete a upon its publication will provide adequate notice to the public . Z . , William L. M . Nary, tity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 214943 An ordinance repealing Title 7 , Chapter 5 , Meridian City Code, regarding golf carts ; and providing an effective date . REPEALING GOLF CART ORDINANCE PAGE 1 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1944: An Ordinance of the City of Meridian, Idaho Amending Ordinance No. 20-1892, the Appropriation Ordinance for the Fiscal Year Beginning October 1, 2020 and Ending September 30, 2021 (FY2021), Appropriating Monies that are to be Allocated by the City of Meridian, Idaho in the Sum of$(18,529,448); to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 21-1944 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER HOAGLUN, PERREAULT, STRADER AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO AMENDING ORDINANCE NO. 20- 1892, THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30,2021 (FY2021),APPROPRIATING MONIES THAT ARE TO BE ALLOCATED BY THE CITY OF MERIDIAN,IDAHO IN THE SUM OF$(18,529,448); TO PROVIDE FOR A WAIVER OF THE 2ND AND 3" READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, STATE OF IDAHO: Section 1. That Ordinance No. 20-1892, the appropriation ordinance for the City of Meridian, Idaho, for the fiscal year commencing October 1, 2020 and ending September 30, 2021 be and the same is hereby amended as follows: City of Meridian Capital Improvement Fund - 55 FY2021 FY2021 FY2021 Original Budget Amendments Final Budget Revenues Total Revenue $ - Expenditures Operating Administration $ - $ - Fire $ - $ - Police $ - $ - Parks $ - $ - TotalOperating $ - $ - $ - Capital Administration $ - $ - $ - Fire $ - $ - Police $ 5,119,681 $ 5,119,681 Parks $ - $ 24,077 $ 24,077 Total Capital $ - $ 5,143,758 $ 5,143,758 Carryforward - Operating Administration $ - Fire $ - Police $ - $ - Parks $ - $ - Carryforward - Operating $ - $ - $ - AMENDMENT TO BUDGET ORDINANCE NO. 20-1892—FY 2021 Budget - Page 1 of 6 Carryforward - Capital Administration $ - $ - Fire $ - Police $ 4,195,000 $ (4,195,000) $ - Parks $ 24,077 $ (24,077) $ - Carryforward - Capital $ 4,219,077 $ (4,219,077) $ - Total Carryforward $ 4,219,077 $ (4,219,077) $ - Total Expenditures $ 4,219,077 $ 924,681 $ 5,143,758 Transfers $ (182,787) $ - $ (182,787) Total Expenditures with Transfers $ 4,036,290 $ 924,681 $ 4,960,971 (Use)/Addition of Fund Balance $ (4,036,290) $ (924,681) $ (4,960,971) Enterprise Fund - 60 - 65 FY2021 FY2021 FY2021 Original Budget Amendments Final Budget Revenues Water/Sewer Sales $ 27,310,353 $ 100,000 $ 27,410,353 Other Sources $ 17,274,593 $ 998,618 $ 18,273,211 Total Revenue $ 44,584,946 $ 1,098,618 $ 45,683,564 Expenditures Personnel Utility Billing $ 561,332 $ 1,370 $ 562,702 Public Works $ 4,324,845 $ (19,687) $ 4,305,158 Water $ 2,370,010 $ 9,156 $ 2,379,166 Wastewater $ 3,630,483 $ 9,161 $ 3,639,644 Total Personnel $ 10,886,671 $ - $ 10,886,671 Operating Utility Billing $ 717,529 $ - $ 717,529 Public Works $ 682,973 $ 1,275,332 $ 1,958,305 Water $ 3,453,545 $ 126,620 $ 3,580,165 Wastewater $ 3,679,878 $ 225,104 $ 3,904,982 Total Operating $ 8,533,925 $ 1,627,057 $ 10,160,982 Total Personnel and Operating $ 19,420,596 $ 1,627,057 $ 21,047,653 Capital Utility Billing $ - $ - $ - Public Works $ 17,619 $ - $ 17,619 Water $ 5,245,000 $ 1,864,584 $ 7,109,584 Wastewater $ 17,833,000 $ 2,496,840 $ 20,329,840 Total Capital $ 23,095,619 $ 4,361,424 $ 27,457,043 AMENDMENT TO BUDGET ORDINANCE NO. 20-1892—FY 2021 Budget - Page 2 of 6 Carryforward - Operating Utility Billing $ - $ - $ - Public Works $ 279,783 $ (236,492) $ 43,291 Water $ 392,702 $ (264,054) $ 128,648 Wastewater $ 249,832 $ (249,832) $ - Total Carryforward - Operating $ 922,317 $ (750,378) $ 171,939 Carryforward - Capital Utility Billing $ - $ - $ - Public Works $ - $ - $ - Water $ 3,832,025 $ (2,598,305) $ 1,233,720 Wastewater $ 7,770,655 $ (5,108,745) $ 2,661,910 Total Carryforward - Capital $ 11,602,679 $ (7,707,050) $ 3,895,629 Total Carryforward $ 12,524,996 $ (8,457,428) $ 4,067,568 Total Expenditures $ 55,041,210 $ (2,468,947) $ 52,572,263 Transfers $ 2,914,235 $ - $ 2,914,235 Total Expenditures with Transfers $ 57,955,445 $ (2,468,947) $ 55,486,498 (Use)/Addition of Fund Balance $ (13,370,499) $ 3,567,565 $ (9,802,935) Governmental Funds (01 ,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2021 FY2021 FY2021 Original Budget Amendments Final Budget Revenues Property Taxes $ 39,282,350 $ - $ 39,282,350 Other Revenue $ 25,864,021 $ 4,080,760 $ 29,944,781 Total Revenue $ 65,146,371 $ 4,080,760 $ 69,227,131 Expenditures Personnel Administration $ 6,039,698 $ (59,754) $ 5,979,944 Fire $ 12,235,774 $ 22,155 $ 12,257,929 Police $ 20,045,426 $ 116,519 $ 20,161,945 Parks $ 3,649,530 $ 36,606 $ 3,686,136 Community Development $ 3,951,322 $ 51,680 $ 4,003,002 Total Personnel $ 45,921,750 $ 167,206 $ 46,088,956 Operating Administration $ 3,155,674 $ 5,434,576 $ 8,590,249 Fire $ 1,996,993 $ (46,142) $ 1,950,851 Police $ 3,252,494 $ 242,699 $ 3,495,193 Parks $ 2,374,316 $ 904,033 $ 3,278,349 Community Development $ 2,216,448 $ 275,809 $ 2,492,257 AMENDMENT TO BUDGET ORDINANCE NO. 20-1892—FY 2021 Budget - Page 3 of 6 Total Operating $ 12,995,925 $ 6,810,975 $ 19,806,900 Total Personnel and Operating $ 58,917,675 $ 6,978,181 $ 65,895,856 Capital Administration $ 210,000 $ 881,517 $ 1,091,517 Fire $ 3,015,000 $ 98,606 $ 3,113,606 Police $ 738,154 $ 919,627 $ 1,657,781 Parks $ 1,977,900 $ 788,004 $ 2,765,904 Community Development $ - $ 65,697 $ 65,697 Total Capital $ 5,941,054 $ 2,753,451 $ 8,694,505 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ 908,401 $ (411,693) $ 496,708 Fire $ 16,000 $ - $ 16,000 Police $ 20,840 $ (50,840) $ (30,000) Parks $ - $ - $ - Community Development $ 49,900 $ (62,935) $ (13,035) Total Carryforward - Operating $ 995,141 $ (525,469) $ 469,672 Carryforward - Capital Administration $ 461,590 $ (396,883) $ 64,707 Fire $ - $ - $ - Police $ 2,589,096 $ (2,240,181) $ 348,915 Parks $ 1,141,150 $ (890,684) $ 250,466 Community Development $ 58,107 $ (58,107) $ 0 Total Carryforward - Capital $ 4,249,944 $ (3,585,855) $ 664,089 Carryforward Administration $ 1,369,991 $ (808,576) $ 561,415 Fire $ 16,000 $ - $ 16,000 Police $ 2,609,936 $ (2,291,021) $ 318,915 Parks $ 1,141,150 $ (890,684) $ 250,466 Community Development $ 108,007 $ (121,042) $ (13,035) Total Carryforward $ 5,245,085 $ (4,111,324) $ 1,133,761 Total Expenditures $ 70,103,814 $ 5,620,308 $ 75,724,122 Transfers $ (2,731,448) $ - $ (2,731,448) Total Expenditures with Transfers $ 67,372,366 $ 5,620,308 $ 72,992,674 AMENDMENT TO BUDGET ORDINANCE NO. 20-1892—FY 2021 Budget - Page 4 of 6 (Use)/Addition of Fund Balance $ (2,225,995) $ (1,539,548) $ (3,765,542) Total Budget - All Funds FY2021 FY2021 FY2021 Original Budget Amendments Final Budget Revenues Total Revenue $ 109,731,317 $ 5,179,378 $ 114,910,695 Expenditures Total Personnel and Operating $ 78,338,270 $ 8,605,238 $ 86,943,509 Total Capital $ 29,036,673 $ 12,258,632 $ 41,295,305 Total Carryforward $ 21,989,158 $ (16,787,829) $ 5,201,329 Total Expenditures $ 129,364,101 $ 4,076,042 $ 133,440,143 Transfers $ - $ - $ - Total Expenditures with Transfers $ 129,364,101 $ 4,076,042 $ 133,440,143 (Use)/Addition of Fund Balance $ (19,632,784) $ 1,103,336 $ (18,529,448) That the sum of$(18,529,448)be allocated for use of authorized activities. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 7th day of September, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of September, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk AMENDMENT TO BUDGET ORDINANCE NO. 20-1892 —FY 2021 Budget - Page 5 of 6 i STATE OF IDAHO ) ) ss . County of Ada ) On this 7th day of September , 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 . I NOTARY PUBLIC FOR IDAHO RESIDING AT : Meridian, Idaho MY COMMISSION EXPIRES : 3 -28 -2022 i CERTIFICATION OF SUMMARY , William L . M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary 4 below is true and complete and upon its publication will provide adequate notice to the public . I William L. M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 214944 An Ordinance of the City of Meridian, Idaho amending Ordinance No . 20- 1892 , the Appropriation Ordinance for the fiscal year beginning October 1 , 2020 and ending September 30 , 2021 (FY2021 ) , appropriating monies that are to be allocated by the City of Meridian , Idaho in the sum of $ ( 18 , 529 ,448 ) ; to provide for a waiver of the 2nd and Yd readings pursuant to Idaho Code § 50- 902 ; and providing an effective date . AMENDMENT TO BUDGET ORDINANCE NO . 20 - 1892 — FY 2021 Budget - Page 6 of 6 AFFIDAVIT OF PUBLICATION STATE OF IDAHO 21410 129778 County of Ada 1 MERIDIAN, CITY OF SHARON JESSEN of the State of Idaho,being of first duly sworn, deposes 33 E. BROADWAY AVENUE and says: MERIDIAN, ID 83642 1.That I am a citizen of the United States, and at all times hereinafter mentioned was over the age of eighteen years, and not a party to the above entitled action. 2.That I am the Principle Clerk of the Meridian Press, a weekly newspaper published in the State of Idaho; that the said newspaper is in general circulation in the said county of Ada, and in the vicinity of Meridian, Idaho and has been uninterruptedly published in said County during a period of seventy -eight consecutive weeks prior to the first publication of this notice,a copy of which is hereto attached. 3.That the notice, of which the annexed is a printed copy,was published in said newspaper 2 times(s) in the regular and entire issue of said paper, and was printed in the newspaper proper,and not in a supplement That said notice was published the following: 08/06/2021, 08/13/2021 SHARON JESSEN STATE OF IDAHO County of Canyon and Ada On this 16th day of August, in the year of 2021 before me a Notary Public,personally appeared. SHARON JESSEN, known or identified to me to be the person whose name is subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledge to me that he/she executed the same. r R. A,,t,,. Notary Public of Idaho D � � = :' �o ARY = My commission expires ZA 0BO OF + ;pP.�. 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Autux a,n.SON ,NWa 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1945: An Ordinance, Pursuant to Idaho Code §50-1002 and §50-1003, Providing for a Title and Findings, Providing for the Adoption of a Budget and the Appropriation of$185,198,966 to Defray the Necessary Expenses and Liabilities of the City of Meridian, in Accordance with the Object and Purposes and in the Certain Amounts Herein Specified for the Fiscal Year Beginning October 1, 2021 and Ending on September 30, 2022; to Levy All Such Appropriate Taxes and Levies as Authorized by Law Upon Taxable Property; and to Collect All Authorized Revenue; to Provide for a Waiver of the 2nd and 3rd Readings Pursuant to Idaho Code §50-902; and Providing for an Effective Date and the Filing of a Certified Copy of this Ordinance with the Secretary of State CITY OF MERIDIAN ORDINANCE NO. 21-1945 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE, PURSUANT TO IDAHO CODE §50-1002 AND §50-1003, PROVIDING FOR A TITLE AND FINDINGS, PROVIDING FOR THE ADOPTION OF A BUDGET AND THE APPROPRIATION OF $185,198,966 TO DEFRAY THE NECESSARY EXPENSES AND LIABILITIES OF THE CITY OF MERIDIAN, IN ACCORDANCE WITH THE OBJECT AND PURPOSES AND IN THE CERTAIN AMOUNTS HEREIN SPECIFIED FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING ON SEPTEMBER 30, 2022; TO LEVY ALL SUCH APPROPRIATE TAXES AND LEVIES AS AUTHORIZED BY LAW UPON TAXABLE PROPERTY; AND TO COLLECT ALL AUTHORIZED REVENUE; TO PROVIDE FOR A WAIVER OF THE 2ND AND 31zD READINGS PURSUANT TO IDAHO CODE §50-902; AND PROVIDING FOR AN EFFECTIVE DATE AND THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE WITH THE SECRETARY OF STATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO: Section 1. TITLE: This Ordinance shall be entitled and cited as the "2021-2022 Fiscal Year Annual Appropriation Ordinance of the City of Meridian". Section 2. FINDINGS: The City Council finds: A. That it has duly Noticed and held a Public Hearing on the 17th day of August, 2021 for a Proposed Budget for Fiscal Year 2021-2022 (FY2022) City of Meridian, Idaho; B. That the total revenue anticipated to be available to the City of Meridian during Fiscal Year 2021-2022 is correctly stated in the Adopted Budget which is herein set forth in Section No. 3; and C. The appropriations and sums of money as are hereinafter set forth in Section No. 3 are deemed necessary to defray all the necessary expenses and liabilities of the City of Meridian for Fiscal Year 2021-2022. Section 3. ADOPTION OF BUDGET AND APPROPRIATION OF EXPENDITURE: The City Council does hereby adopt as and for the budget and the appropriation of expenditure for the City of Meridian for Fiscal Year commencing October 1, 2021 and ending on September 30, 2022 the following: FY2020 FY2021 FY2022 Actual Original Budget Original Budget Capital Improvement Fund - 55 FY2020 FY2021 FY2022 Revenues Actual Original Budget Original Budget ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 1 of 7 Total Revenue $ 194,374 Expenditures Operating Administration Fire Police Parks Total Operating $ - $ $ - Capital Administration $ - - $ - Fire $ - $ 7,322,334 Police $ - Parks $ 26,599 - $ - Total Capital $ 26,599 - $ 7,322,334 Carryforward - Operating Administration Fire Police Parks Carryforward - Operating $ - - $ - Carryforward - Capital Administration $ - - $ - Fire $ - Police $ 4,195,000 $ 2,661,520 Parks $ - $ 24,077 $ 24,077 Carryforward - Capital $ - $ 4,219,077 $ 2,685,597 Total Carryforward $ - $ 4,219,077 $ 2,685,597 Total Expenditures $ 26,599 $ 4,219,077 $ 10,007,931 Transfers $ (3,258,016) $ (182,787) $ (196,412) Total Expenditures with Transfers $ (3,231,417) $ 4,036,290 $ 9,811,519 (Use)/Addition of Fund Balance $ 3,425,791 $ (4,036,290) $ (9,811,519) Enterprise Fund - 60 - 65 FY2020 FY2021 FY2022 Actual Original Budget Original Budget Revenues Water/Sewer Sales $ 25,759,494 $ 27,310,353 $ 28,034,077 ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 2 of 7 Other Sources $ 23,332,048 $ 17,274,593 $ 18,502,663 Total Revenue $ 49,091,542 $ 44,584,946 $ 46,536,740 Expenditures Personnel Utility Billing $ 521,994 $ 561,332 $ 557,712 Public Works $ 4,054,075 $ 4,324,845 $ 4,852,683.45 Water $ 2,238,754 $ 2,370,010 $ 2,674,812 Wastewater $ 3,124,718 $ 3,630,483 $ 4,084,597 Total Personnel $ 9,939,541 $ 10,886,671 $ 12,169,805 Operating Utility Billing $ 618,172 $ 717,529 $ 754,440 Public Works $ 570,745 $ 682,973 $ 702,174 Water $ 3,045,034 $ 3,453,545 $ 3,902,271 Wastewater $ 2,849,337 $ 3,679,878 $ 4,238,515 Total Operating $ 7,083,288 $ 8,533,925 $ 9,597,400 Total Personnel and Operating $ 17,022,829 $ 19,420,596 $ 21,767,205 Capital Utility Billing $ - $ - Public Works $ 17,619 $ - Water $ 3,264,081 $ 5,245,000 $ 5,674,000 Wastewater $ 11,040,112 $ 17,833,000 $ 13,575,000 Total Capital $ 14,304,193 $ 23,095,619 $ 19,249,000 Carryforward - Operating Utility Billing $ - $ - Public Works $ 279,783 $ 307,854 Water $ 392,702 $ 232,362 Wastewater $ 249,832 $ 382,525 Total Carryforward - Operating $ - $ 922,317 $ 922,741 Carryforward - Capital Utility Billing $ - $ - Public Works $ - $ 17,619 Water $ 3,832,025 $ 6,807,204 Wastewater $ 7,770,655 $ 20,959,974 Total Carryforward - Capital $ - $ 11,602,679 $ 27,784,797 Total Carryforward $ - $ 12,524,996 $ 28,707,538 Total Expenditures $ 31,327,022 $ 55,041,210 $ 69,723,743 Transfers $ 2,732,616 $ 2,914,235 $ 3,326,341 Total Expenditures with Transfers $ 34,059,639 $ 57,955,445 $ 73,050,084 (Use)/Addition of Fund Balance $ 15,031,903 $ (13,370,499) $ (26,513,344) ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 3 of 7 Governmental Funds (01 ,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) (01,07,08,20,50) FY2020 FY2021 FY2022 Actual Original Budget Original Budget Revenues Property Taxes $ 37,269,330 $ 39,282,350 $ 42,424,938 Other Revenue $ 34,275,106 $ 25,864,021 $ 29,873,116 Total Revenue $ 71,544,436 $ 65,146,371 $ 72,298,054 Expenditures Personnel Administration $ 5,929,037 $ 6,039,698 $ 6,913,331 Fire $ 11,374,096 $ 12,235,774 $ 13,704,683 Police $ 17,719,261 $ 20,045,426 $ 22,230,167 Parks $ 3,062,589 $ 3,649,530 $ 4,135,351 Community Development $ 3,388,674 $ 3,951,322 $ 4,746,790 Total Personnel $ 41,473,657 $ 45,921,750 $ 51,730,322 Operating Administration $ 3,843,060 $ 3,155,674 $ 3,942,618 Fire $ 1,596,536 $ 1,996,993 $ 2,242,631 Police $ 3,949,898 $ 3,252,494 $ 3,584,034 Parks $ 2,122,482 $ 2,374,316 $ 2,879,033 Community Development $ 2,768,085 $ 2,216,448 $ 2,052,618 Total Operating $ 14,280,060 $ 12,995,925 $ 14,700,934 Total Personnel and Operating $ 55,753,718 $ 58,917,675 $ 66,431,256 Capital Administration $ 313,485 $ 210,000 $ 150,000 Fire $ 2,700,301 $ 3,015,000 $ 8,100,079 Police $ 1,364,354 $ 738,154 $ 5,399,300 Parks $ 1,159,952 $ 1,977,900 $ 18,222,255 Community Development $ 36,207 $ - $ - Total Capital $ 5,574,301 $ 5,941,054 $ 31,871,634 Carryforward - Personnel Administration $ - $ - $ - Fire $ - $ - $ - Police $ - $ - $ - Parks $ - $ - $ - Community Development $ - $ - $ - Total Carryforward - Personnel $ - $ - $ - Carryforward - Operating Administration $ - $ 908,401 $ 692,451 Fire $ - $ 16,000 $ - Police $ - $ 20,840 $ - Parks $ - $ - $ - ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 4 of 7 Community Development $ - $ 49,900 $ - Total Carryforward - Operating $ - $ 995,141 $ 692,451 Carryforward - Capital Administration $ - $ 461,590 $ 362,194 Fire $ - $ - $ 2,585,093 Police $ - $ 2,589,096 $ 1,575,795 Parks $ - $ 1,141,150 $ 1,906,501 Community Development $ - $ 58,107 $ 42,367 Total Carryforward - Capital $ - $ 4,249,944 $ 6,471,950 Carryforward Administration $ - $ 1,369,991 $ 1,054,645 Fire $ - $ 16,000 $ 2,585,093 Police $ - $ 2,609,936 $ 1,575,795 Parks $ - $ 1,141,150 $ 1,906,501 Community Development $ - $ 108,007 $ 42,367 Total Carryforward $ - $ 5,245,085 $ 7,164,401 Total Expenditures $ 61,328,018 $ 70,103,814 $ 105,467,291 Transfers $ 525,400 $ (2,731,448) $ (3,129,929) Total Expenditures with Transfers $ 61,853,418 $ 67,372,366 $ 102,337,362 (Use)/Addition of Fund Balance $ 9,691,018 $ (2,225,995) $ (30,039,308) Total Budget - All Funds FY2020 FY2021 FY2022 Actual Original Budget Original Budget Revenues Total Revenue $ 120,830,351 $ 109,731,317 $ 118,834,794 Expenditures Total Personnel and Operating $ 72,776,547 $ 78,338,270 $ 88,198,462 Total Capital $ 19,905,093 $ 29,036,673 $ 58,442,968 Total Carryforward $ - $ 21,989,158 $ 38,557,536 Total Expenditures $ 92,681,640 $ 129,364,101 $ 185,198,966 Transfers $ - $ - $ - Total Expenditures with Transfers $ 92,681,640 $ 129,364,101 $ 185,198,966 (Use)/Addition of Fund Balance $ 28,148,712 $ (19,632,784) $ (66,364,172) ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 5 of 7 Section 4. That the general tax levy and all appropriate taxes and levies be imposed as authorized by law and all authorized revenue is collected. Section 5. That the 2nd and 3rd readings of this ordinance are waived by suspension of the Rule as allowed pursuant to Idaho Code §50-902. Section 6. The City Clerk is directed to forthwith publish this Ordinance and file a certified copy of the same with the office of the Secretary of State of Idaho as provided in Idaho Code §50- 1003 and the same shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED by the City Council of the City of Meridian, Idaho, this 71h day of September, 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 71h day of September, 2021. APPROVED: Robert E Simison, Mayor ATTEST: Chris Johnson, City Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this 7th day of September,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 ANNUAL APPROPRIATION ORDINANCE FY2021-2022 - Page 6 of 7 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 . 4.VJ 1 J77William L . M . Nary, City Attorn SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214945 An Ordinance of the City of Meridian providing for the adoption of a budget and the appropriation of $ 185 , 198 , 966 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1 , 2021 and ending on September 30 , 2022 . To levy all such appropriate taxes and levies as authorized by law upon taxable property; and to collect all authorized revenue ; to provide for a waiver of the 2nd and 3rd readings pursuant to Idaho Code § 50-902 ; and providing for an effective date and the filing of a certified copy of this ordinance with the Secretary of State . I� ANNUAL APPROPRIATION ORDINANCE FY2021 -2022 - Page 7 of 7 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 21-1946: An Ordinance (H-2020-0047 — Prescott Ridge) for Annexation of a Parcel Situated in a Portion of the West % of the Northeast % and a Portion of the West% of Section 28, Township 4 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 128.21 Acres of Land from RUT to R-8 (Medium Density Residential) (99.53 Acres); R-15 (Medium High Density Residential) (8.82 Acres) and C-G (General Retail and Service Commercial) (19.85 Acres) Zoning Districts 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 ADA COUNTY RECORDER Phil McGrane 2021-132705 BOISE IDAHO Pgs=13 NIKOLA OLSON 09/08/2021 02:35 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1946 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2020-0047 — PRESCOTT RIDGE) FOR ANNEXATION OF A PARCEL SITUATED IN A PORTION OF THE WEST V2 OF THE NORTHEAST 1/4 AND A PORTION OF THE WEST '/z OF SECTION 28, TOWNSHIP 4 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 128.21 ACRES OF LAND FROM RUT TO R-8 ( MEDIUM DENSITY RESIDENTIAL (99.53 ACRES); R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) (8.82 ACRES) AND C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) (19.85 ACRES) 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: Providence Properties, LLC and West Ada School District. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-8 (Medium Density Residential (99.53 Acres); R-15 (Medium High Density Residential) (8.82 Acres) And C-G (General Retail and Service Commercial) (19.85 Acres) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian 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. Page 1 of 3 ANNEXATION ORDINANCE—Prescott Ridge(H 2O20-0047) 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 7th day of September , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 7th day of September , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) County of Ada ) ss: On this day of ,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 ANNEXATION ORDINANCE—Prescott Ridge(H 2O20-0047) Page 2 of 3 EXHIBIT A km t N 0 t N E E R I N G oecember V,2020 Project No.1&140 Exhibit A Legal Descr[ption for Annexation Prescott Ridge Subdivision A parcel of[and situated In a portion of the West 1/2 of the Northeast 114 and a portion of tile.West 1/2 of Section 28,Township 4 Borth,Range I West,Boise Meridian,Ada County,Idaho and being more particularly described as follciws: Commencing at an aluminum cap rn rkin8 the Northwest corner said Section 28, which bears Na9°271v"W a distance of 2,609,40 feet from an aluminum cap marking the North 1/4 corner of said Section 28,thence followings the northerly line of the Northwest 114 of said Section 28,589`27'17"E a distance of 1,484.66 feet to the POINT Of SEGUNNING. Thence following said northerly litre, 531'27'17"E a distance of 1,124.74 feet to said a[arninum cap marking the North 1/4 corner; Thence leaving said northerly line of said Northwest 1/4 and 1`611&wing the northerly line of the Northeast 1/4 of said Section 28,589"25'25"E a distance of 60.()0 feet to a point; Thence leaving said northerly tine,500"l3'55'W a;distance of 658.89 feet to a point; Thence 589`24'23"E a instance of 3,24E.58 feet to a 5/8-inth rear on the easterly lire of the West 11 2 of the Northeast 1/4 of said Section 28; Thence following said easterly line,SDOP30'13"N a distance of 1,615.76 feet to a 5/8-inch rebaa; Thence leaving said easterly line, N77"58'17"W a distance of 1,338.12 feel to a 518-inch rebar on the easterly line of the Northwest 1/4 ofsaid Section 28; Thence following said westerly line, SW'43"55"W a distance of 625.95 feet to 2-€rich pipe mfd[ng tiie Center 1/4 of said Section 28; Thence leaving said easterly litre,S001431.51"W a distance of 24,35 feet to a 5/S-ii)ch rebar; Thence 553'05'53"W a distance of 16.53 feet to a 5J8-inch rebar; Thence N78"07'38"W a distance of 19,68 feet to a 5/8-inch rebar; Thence 589`18'46"W a distance of 45.i*feet to a 5/8-inch rebar; Thence N86'1.4'49°W a distance of 61.62 feet to a 5/9-4nch rebar; Thence N88*SW04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80"59'54"W a distance of 36.69 feet to a 5/8-inch rebar, Thence N70'2.7'41'W a distance of 25.64 Beet to a 5f8-inch rebar; Thence S89'15'€0'W a dista nce of 2o.04 feet to a 5/8-inch rebar; "thence N86"53'39"W a distance of 1.89.53 feet to a 5/b-Inch rebar; Thence 564'04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89*14'25"W a distance of 789.53 feet t€ra point; Thence NW'SX21"E a distance of 16.96 Beet to a point:being the Center West 1/16 corner of said Section 23; Thence folloft the southerly fine of:he Northwest-V4 of said Section 28,N89'21'12"W a distance of 686.03 feet to a point; Thence leaving said southerly line,N01'00"37"E a distance of 400.00 feet to a point,, 9233 West State Strcvt bnlsc,Idtillo iI371d W 203.639:6939 , ktncngtlp.cam Prescott Ridge—H-2020-0047 EXHIBIT A Thence N99`21'12"W a distance of 625-00 feet to a paint on the westerly line of the Northwest 1/4 of said Section 28; Thence following said westerly iine,ND1.00'37"E a distance of 690.74 feet to a point; Thence leaving said westerly fine,$71`33'16"E a distance of 483.50 feet to a paint; Thence 578°t}8'16"E a instance of 58S.77 feet to a point; Thence S46'56'D1"E a distance of 259.29 feet to a point; Thence M75"S1.'12"E a distance of48A1 feet to a point; Thence NOn2.'17"E a distance of 215.98 feet to a 1/2-inch rebar; Thence N75m32'13"E a distance of 272.40 feet to a 1/2-inch rebar;. Thence 30.59 feet along the arc of a.ircular curve to the left,said curve having a radius of 45.00 Feet,a delta angle of 38'56"33",a chord bearing of N7S•32'13"9 and a chord dicta:ntt~of 30.00 feet to a 1/2-inch re ba r; Thence N75"32'IrE a distance of 219.13 feet to a 1/2-inch rebar; Thence N00*32'13"E a distance of 1,497.29 feet to a 1/2-inch rebar; Thence S69'19'13'W a distance of 270.56 feet to a 1/2-Inch rebar; Thence N31`55'35"W a distance of 8W.73 feet to a point; Thence 53.14 feet along the arc of a circular curie to the right,said curve having a radius of 115.00 feet, a delta angle of 26'2&'39 ,a chord bearing of NIS'41'13"W and a chord distance of 52.67 feetio a 5/8- inch rebar; Thence f`t00"32'43"E a distance of 125.29 feet to the POINT Or-$EGINNING. Said parcel contains a total of 128,207 acres,more or Coss_ Attached hereto Is Exhibit B and by this reference Is hereby made a part of. of V. Client Project Name PAGE 12 Prescott Ridge—H-2020-0047 EXHIBIT A ALUMINUM CAP O rPOINNT OF REGINNINC N 1/4 CORNER BASIS OF BEARING / / SECTION 28 a C S89'27'17"E 2809.40' f %V.Chind:n(Sfvd(fty 20/26) i Li n 29 29 ..". — —14114.g[Z' ..,.. POINT OF COMETpNCEMENT Q ALUMINUM CAP C2 ±` NW CORNER Li9 ��6 S00'43'55'y) O P, SECTION 28 1558,89' ( 0 " > a) i I x � s N 0j a °C S89'24'23'E 1240,58' O Ln z 2 < Pt2m.r O QJ u e4 ( 0 Im M1I 0 250 500 1000 I U U.J W U 4 y SCALE. 1"s500' Annexatl-I ArAA: 178.207±AC. a S� 50428233640,RE991222210,SO428120950, `0 a SO428131315,50428131200,R6991222101&50428211102 o 3S0l sr6w Current Zoning.RUT — � - t 589.7T Ltfi C7 ( 6 548'68'Ol"E URTE' LgC[M6§R N1)0 29f1.2A' Ltia PROJEO; sJ aw N89�'12 Vf W WrrS�'T9^� SHEET: OF 2 g CENTER-WEST 1/16 CORNER v -OF SECTION 28 � � 2" PIPE CENTER OF SECT®N 28 N89"21'12"W 868.03. GRASS CAP L13 089'14'25"W W i/9 CORNER SECTION 28 L1O L9 L5 ` ENBiHf E>:S.SURVpf(1#,FN.4PfCR5 9233 WEST STNFE S71F.7 Li 1 L2 W13E.lD4t0 R37n -_L12- L7 L8 PIME RM)65SE639 Prescott Ridge—H-2020-0047 EXHIBIT A a2 VNETABLE L1NETABLE a m m u LINE 9EgRING 01STANLf L1N'r BEARING DISTANCE � m L7 SB9'23.25-E 60.00 L15 NV52'17'E 218,09 m Q 0 L2 SV43'61"W 24,36 LiG 2175'32'1YE 272.40 O ,'m > N m L3 S53'05'53-W 16.53 L17 N7s32'1S'E; 219.13 L4 N7$'p7'35V! 19.86 UA S69'13'13411 270.55 XQj O L5 589.1$'46"W 45.49 L19 N31'95'35'W R1.73 N z z L8 N86.14'49'W i 63.&2 L2p N6'32'43'E 125.49 Q 4) F- L7 1488'50'04 W 85.57 I w- W Q N LB N80'59'54'W 35.69 m Ce 4 a L9 N7V27.41'W 25.64 t,� ice-' e•I u is L19 539.35'00'w 20.04 X Ou N L11 N83.531391W 188.$3 Lea 4) ry L12 3Qh•C4'CA7'N' 37.64 �- '" W L13 Np•52'21"E ]6.96 y o L14 N75'51'12"E 48.41 � 0 s a ++ a CURVETABLE CURVE RA4 C7i [US LfNGTId DELTA CN09RG CHORD QATF- 011-1 3020 PADIFCT la-W Cl 45.00' 30,59' 38'56'33' N75'32'13'E 3D'00' SHEET: C2 115.00' 53.14' 26'25'39' N18.41'13"41 52267' 2 OF 2 I= .w FF701NF£AS_SUAVFTQdS L"1!![FM 9233 UTS[A1ESMET 40M,10Ah"UM nial[[41109-an TA71{2C81&34693Q Prescott Ridge—H-2020-0047 EXHIBIT A kin E N 0 1 N E E R 114 G December 17,2020 Project No.18-140 Exhibit A Legal Description for Rezone to C-G Prescott Ridge Subdivision A parcel of land situated in a portion of Northwest 1/4 and a portion of the West 1/2 of the Northeast 114 of Section 28,Township 4 North, Uinge 1 West,Braise Meridian,Ada County,Idaho and being more partleularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89`27'17"W a distance of 2,609.40`eet from an aluminum cap marking the North 1/4 corner of said Section 29,thence following the northerly line of the Nvrt>hwres# 1/4 of said Section 29, S99°27'17"E a distance of 1,484.66 feet to the PRIM OF BEGINNING. Thence following said northerly line,589'27'17"E a distance of 1,124.74feet to said aluminum tap making the North 1/4 corner, Thence lear"Ing said northerly line ana following the easterly line of said Northwest 1/4,S00'43'55"W a distance of 586.55 feet to a 1/2-inch rebar; Thence leaving said easterly line,5$9'25'31"E a distance of 17.44 feet to a point; Thence 500'34'29'W a distance of 397.44 feet to a point; Thence N8925'31"W a distance of 826.54 feet to a point; Thence NOO"32'13"E a distance of 837.62 feet to a 1/2-inch rebar; Thence S69"18'13'W a distance of 270,56 feet to a 1/2-inch rebar; Thence N31'55'3VW a distance of 81.73 feet to a point; Thence 53.14 feet along the arc of a circular curve to the right,said curve having a radius of 11510 feet, a delta angle of 26'28'39",a chord bearing of N18'41'13"4W and a chord distance of 52.67 feet too 5/9- inch rebar; Thence N00'3243"E a distance of 125,29 feet to the POINT OF BEGINNING. Said parcel contains a total of 19.852 rcres,more or lcm- Attached hereto is Exhibit B and by this reference is hereby made a part of. ts� o 12459 L. 8y 9233 West State Street * Boise,Idaho$3714 m 208.639.6939 • kmangllp.cam Prescott Ridge— H-2020-0047 EXHIBIT A Ion April 7,2020 Project No.18-140 Exhibit A Legal Description for Rexene to R-8 Prescott Ridge Subdivision A parcel of land situated in a portion of the West 1/2 of the Northeast 1/4 and a portion of the West 1/2 of Section 28,Township4 North, Range 1 West,Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89'27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, S89'27'17"E a distance of 2,609.40 feet to the POINT of BEGINNING. Thence following the northerly line of the Northeast 1/4 of said Section 28, 589,25'25"E a distance of 60.00 feet to a point; Thence leaving said northerly line,S00'43'55"W a distance of 658.99 feet to a point; Thence S89'24'23"E a distance of 1,248.58 feet to a 5/8-inch rebar on the easterly line of the West 1/2 of the Northeast 1/4 of said Section 29; Thence following said easterly line,S00'36'13"W a distance of 1,615,76 feet to a 5/8-inch rebar; Thence leaving said easterly line, N77`58'17"W a distance of 1,33812 feet to a 5/8-inch rebar on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line,SOY43'55"W a distance of 625,95 feet to 2-inch pipe marking the Center 1/4 of said Section 28; Thence leaving said easterly line,S00'43'51"W a distance of 24.35 feet to a 5/8-inch rebar, Thence S53"05'53"W a distance of 16.53 feet to a 5/8-inch rebar; Thence N78'07'38"W a distance of 19.68 feet to a 5/8-inch rebar; Thence 589"18'46"W a distance of 45.49 feet to a 5/8-inch rebar; Thence N86'14'49"W a distance of 63.62 feet to a S/8-inch rebar; Thence N88'50'04"W a distance of 85.57 feet to a 5/8-inch rebar; Thence N80°59'54"W a distance of 36.69 feet to a 5/8-inch rebar; Thence N70'27'41"W a distance of25.64feet to a 5/8-inch rebar; Thence 589'15'00'V a distance of 20.04 feet to a 5/8-inch rebar, Thence N86'53'39"W a distance of 189.53 feet to a 5/8-Inch rebar; Thence 564'04'03"W a distance of 27.64 feet to a 5/8-inch rebar; Thence N89'14'25"W a distance of 789.53 feet to a point; Thence NOa'52'21"E a distance of 16.96 feet to a point being the Center west 1/16 corner of said Section 28; Thence following the southerly line of the Northwest 1/4 of said Section 28, N89'21'12"W a distance of 696.03 feet to a point; Thence leaving said southerly line,N01'00'37"E a distance of 400,00 feet to a point,- Thence N89'21'12"W a distance of 625,00 feet to a point on the westerly line of the Northwest 1/4 of said Section 28; Thence following said westerly line,N01'00'37"E a distance of 690.74 feet to a point; 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmenglip.com Prescott Ridge— H-2020-0047 EXHIBIT A Thence leaving said westerly line,571"33'16"E a distance of 483.50 feet to a point; Thence S78*08'16"E a distance of 589.77 feet to a point; Thence S46'56'01"E a distance of 299.29 feet to a point; Thence N75'51'12"E a distance of 48.41 feet to a point; Thence N00952'17"E a distance of 21598 feet to a 1/2-inch rebar; Thence N75°32'13"E a distance of 272AO feet to a 1/2-inch rebar; Thence 3059 feet along the arc of a circular curve to the left,said curve having a radius of 45.0D feet,a delta angle of 38'56'33",a chord bearing of N75°32'13"E and a chord distance of 30.00 feet to a 1/2-inch rebar; Thence N75'32'13"E a distance of 219.13 feet to a 1/2-inch rebar; Thence N00'32'13"E a distance of 659.67 feet to a point; Thence S89°25'31"E a distance of 279.95 feet to a point; Thence 500'3429"W a distance of 420.05 feet to a point; Thence S89'25'31"E a distance of 275.60 feet to a point; Thence 82.73 feet along the arc of a cl,cular curve to the right,said curve having a radius of 150.00 feet, a delta angle of 31"36'09",a chord bearing of S73037'27"E and a chord distance of 81.69 feet to a point; Thence S57°49'22"E a distance of 138.82 feet to a point; Thence 275.78 feet along the arc of a circular curve to the left,said curve having a radius of 500.00 feet, a delta angle of 31"36'09",a chord bearing of N16°22'33"E and a chord distance of 272.30 feet to a point; Thence 1\100'34'29"E a distance of 233.13 feet to a point; Thence S89"25'31"E a distance of496.43 feet to a point; Thence N00'36'19"E a distance of 294.85 feet to a point; Thence N89'24'23"W a distance of 496.59 feet to a point; Thence NOp'34'29"E a distance of 122,33 feet to a point; Thence N89°25'31"W a distance of 17.44 feet to a point on the easterly line of the Northwest 1/4 of said Section 28; Thence following said easterly line,N0743'55"E a distance of 586.55 feet to the POINT OF BEGINNING. Said parcel contains a total of 99.532 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. � 4 �J's , 12 59oto lv �' OF Z. Hl�i'b Client Project Name PAGE C 2 Prescott Ridge—H-2020-0047 EXHIBIT A kin E N G IN E E R ING April 7,2020 Project No.28-140 Exhibit A Legal Description for Rezone to R-15 Prescott Ridge Subdivision A parcel of land situated in a portion of Northwest 114 and a portion of the West 1/2 of the Northeast 1/4 of Section 28,Township 4 North,Range 1 West,Boise Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner said Section 28, which bears N89°27'17"W a distance of 2,609.40 feet from an aluminum cap marking the North 1/4 corner of said Section 28, thence following the northerly line of the Northwest 1/4 of said Section 28, 589°27'17"E a distance of 2,078.14 feet to a point; Thence leaving said northerly line,S00°43'55"W a distance of 983.71 feet to the POINT OF BEGINNING, Thence 589°25'31"E a distance of 546.59 feet to a point; Thence N00"3429"E a distance of 275.11 feet to a point; Thence S89°24'23"E a distance of 496.59 feet to a point; Thence S00°36'19"W a distance of 294.85 feet to a point; Thence N89'25'31"W a distance of 496.43 feet to a point; Thence 500"34`29"W a distance of 233.13 feet to a point; Thence 275.78 feet along the arc of a circular curve to the right,said curve having a radius of 500.00 feet, a delta angle of 31°36'09",a chord bearing of 516'22'33"W and a chord distance of 272.30 feet to a point; Thence N57°49'22"W a distance of 139.82 feet to a point; Thence 82.73 feet along the arc of a circular curve to the left,said curve having a radius of 150.00 feet,a delta angle of 31°36'09",a chord bearing of N73"37'27"W and a chord distance of 81.69 feet to a point; Thence N89'25'31"W a distance of 275.60 feet to a point; Thence MOO"34'29"E a distance of 420.05 feet to the POINT OF BEGINNING. Said parcel contains a total of 8.822 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part af. g1pt�` COI 4 � 1 590 Wr W. .you 9233 West State Street Boise,Idaho 83714 + 209.639.6939 • kmengllp.com Prescott Ridge— W-2020-0047 EXHIBIT B 'aLM N 3 PONT 6F E£ECiNWING W.ChfndCn Hind lHW'f 20/26i AWMINUM CAP (U CORNER U BASIS OF BEAJUNG � onoW a 26 21 SS9'27'17"E 2809.4D' � « � 29 2B 589'27'17'E 1484,66' 1124.74' .0 16 NGD'32'43'E Ci ' 125,20' Cl > 4 N31,55'351W ,�-10A � CU Cj m L c Ct G Rezone Area:19.85+-AC. 4- ci 50428211102,R6991222101,R6991222210(Portion), Q Lnn 50428120950(Portion),SO428120640(Portion) in U a a 8 SO428131200(Portion) x W �t Current Zoning:RUT Uj 0. m Proposed Zoning:C-G y O Cr � r o � a n 58S'25'31'E d = i 7.44' :E — ( a CR:L• pFLFTAAsR IQM ri CURVE TABLE I � aAmtcr: 2A-12 CURVE RAOIU5 LENGTH DELTA CHORD5Rfi CHORD ( � SHEET: 1 OF 1 w C7 1Y5.9G' 53.14' 26'21V39'I 141641'13'V!1 52.67' iq N89'25'3l'W 820,54' rN6!MCE�S.5U0.VLxpHI.Fwt4EF3 0 100 200 400 5xs7rasrsrn:rsREr FHME QM)UV.Ol9 SCALE: 1'=200' FAX IMI 637,0m Prescott Ridge—H-2020-0047 EXHIBIT B � o ALUMINUM CAP `r N 1/4 CORNER BAM OF BEARING W.Chindan Blvd(Hwy 20/26) ! SEC110N 28 p 20 21 _ S89'Z7'17'E 2609.40' 29 Z8 2078.54' — — 1 — — — Ln C 0 'a rt O 0 POINT OF COMMENCEMENT � � m ALUMINUM CAP ION 28 i O c SEuw CTION w^I _ -0 SBS'24'23`E 498.55' .... — tj CD 4 00 = .$C N m 1Y p 2 'I'A Ca Z i] OPOINT OF BEGINNINO N U m Lu S89'25'31'E 546.59' aj Y G Rezone Area:8.82±AC. l N89125'31'1'1 496,43' o 0 R o R6991222210(Portion)& c $04281.20950(Portion) M o Current Zoning:RUT N cL Proposed Zoning:A-15 DATE: APRIL=n PR0IFCT. 1&14O SHEET: 1 OF 1 U N69•zs'31'W � 275.60' C2 CURVETABLE N5749'22'4U 0 100 200 400 hm CURVERADIUS IENGTH DELTA CHORDBRG CHORD . C1 500.00, zj78' 31'36'OD" 516 22'33"V 272.30' ] SCALE: 1"=200' ENGWILERS.Su9VErO81.PLwnEnS 9Z33 WESTSTATE STREET C2 150.00' 82.73' 31-36.09' N73'37'27W 01.69' BOISE,lDAH083714 PISOHF 129e1634E939 FAXI208I637-�30 Prescott Ridge—H-2020-0047 EXHIBIT B POINT OF BEGINNING ALUMINUM CAP _ ZISIE,4114N CORNER 2620 21 BASIS OF BEAR€NG W.ChindenBlvd(Hwy20J26) C• aS89'27'WE 28U9.40' i V POINT OF COMMENCEMENT m ALUMINUM CAP �.. SOG'43'651M 0 C � SECnONNER 8 85S.8a, `-f El] C N1 SB924'23"E 1248.58' CA Nn t wZ'c~a _}rNZL2 L22 S9'25'3 ' 27 .95, O2 589.25'31-E 496.43'91 0 250 500 1000 72 O xSGA E: 1"=540' ric IS �C— i� r s;ee Rezone Area:99.53±AC. b : m o srs•Gg.re' 01 SO428233640,R6991222210(Portion),SO428120950(Portion), a �a.r7' L1� C1 SO428131315&50428131200(Portion) ¢ o Current Zoning:RUT S45'58'01"E Proposed Zoning:R-8 DATE APF E3U37 299.23' L1 FFOJ CT.. 18-14d N8921-12-W625.013' rn "rrrse•r>7v ra, ,rZ, SiiE 1 OF 2 h oS CENTER—WESr 1/15 CORNER g _ g OF SECTION 28 CENTER OF SECnON 26 N89'21'12"W 888.03' BRASS CAP L13 NOW14'25"W 789.53' W 1/4 CORNER JJJ--- SECTION 28 �'� J L10 LG L5 \ ENGiHEERS.S[10.vE1'OaS.VUNNEaS 943 WEST STATE STREET 5E.IDA4083717 L12LF1 L7 LB L2 Bpi PFiDNEI7�(G9.1g939 L3 FAX n08I Sao-OW Prescott Ridge—H-2020-0047 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 . L• William L. M. Nary, Lity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 214946 An Ordinance (H-2020-0047 — Prescott Ridge) for annexation of a parcel of land situated in a portion of the West '/2 of the Northeast 1/4 and a portion of the West '/z of Section 28, Township 4 North, Range 1 West, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 128 . 21 acres of land from RUT to R- 8 (Medium Density Residential (99 . 53 Acres) ; R.45 (Medium High Density Residential) (8 . 82 Acres) And C-G (General Retail and Service Commercial) ( 19 . 85 Acres) 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 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 — Prescott Ridge (H 2O20- 0047) Page 3 of 3 I 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 21-1947: An Ordinance (H-2021-0035 TM Creek Apartments Phase 3) for Rezone of Part of the NW % of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 5.58 Acres of Land from TN-C (Traditional Neighborhood Center) Zoning District to C-G (General Retail and Service Commercial) 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 an Effective Date ADA COUNTY RECORDER Phil McGrane 2021-134542 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 09/13/2021 01:28 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1947 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0035 TM CREEK APARTMENTS PHASE 3) FOR REZONE OF PART OF THE NW 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 5.58 ACRES OF LAND FROM TN-C (TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Brighton Corporation. SECTION 2. That the above-described real property is hereby re-zoned from TN-C (Traditional Neighborhood Center) Zoning District To C-G (General Retail and Service Conunercial) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. 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. RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 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 7th day of September 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of September 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of September , 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 RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3 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 7th day of September 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7th day of September 2021. :::�) MAX"Ok ROBERT . SI ISON ATE rF £yP l .»�Ioaxo SFAL CHRIS JOHN ',6N, CIT rr STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of September 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. .... ......... .................. ............. CHARLENE WAS'' � COMMISSION#f 67390 NOTARY PUBLIC � Notary Public for Idaho STATE OF IDAHO Residing At: Meridian,Idaho MY Cb MISSION EXPIRES 3128122 My Commission Expires: 3-28-2022 RE-ZONE ORDINANCE—TM CREEK APARTMENTS PHASE 3 -H-2021-0035 PAGE 2 OF 3 9 LEGAL DESCRIPTION TM Creek TN-C Zone Boundary Part of the NW1/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho described as: Beginning at point being S89°09'50"E 1577.99 feet along the Section line and S00°34'40"W 294.20 feet from the northwest corner of said Section 14, Running thence N89°25'20"W 290.60 feet; thence N89°2649"W 287.44 feet; thence S00°33'11"W 186.45 feet; thence S00°00'00"W 243.81 feet to a point of a non-tangent curve; thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l°40'33", chord bears S89002'34"E 7.90 feet); thence S89°52'51"E 176.26 feet; thence N87°54'01"E 101.03 feet; thence N89°42'19"E 41.44 feet to the east line of the NWI/4NW1/4 of said Section 14; thence along said east line N00°34'40"E 10.00 to the north line of Ten Mile Stub Drain; thence along said north line N89°51'06"E 249.02 feet; thence N00°34'40"E 410.51 feet the Point of Beginning. Parcel Contains 5.58 Acres more or less. Basis of Bearing North section line of the NW 1/4 of Section 14 Commencing at the Northwest corner of Section 14; thence S89°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14 0 p L LAVO O 12 GAF OF 1�Pt�i G. S� Legal Description,Page 1 of 1 U w v z 0 N N ci a� O O N 0) N W N O 0 3 rn 000 O N O O�� W CD 0V'T c 1SJ*0:v M„017.bE oOS v a a a a. o 0 0 �6'E05 „Oti b£o0N co W Mo o a IUiLU W I i zo I _ o - d' _ 00 O ' 3 Z olZ� —N _i '�' °h°� - Mom N Z 803 M„8�l ICE.Os Z , o W..._..._ .__. a ..— —..M �— .;� mom — _ _...---------- h O O W Q .-N.._ coO hm '.._ Ud 00 oC _ OCj C� 0) W ' t0 OCR O Z T O O `p) h o 1 N Oi ao Z ;�l _ Ucd'— T O Vd — _o I h N� N VtA V� W uj .. `.- N .-- tD J Vd LO co N � z 3 So o co W ZLI) O ` ` o 00 V z LL _ / W 3 Z a' cO LVd — �ZD — --Ud _ --- N �' o / U o Ln p ' M �O'To Z d . _ — �- — - va) 1 �Z i 1co i 1 �7 � ----� a a a ` a i a a m I N a 4 co CD U o U) ; I w Moa moil ! z z o Ln TFT' £L 3„6£,££o0N LO'6Z£L T T LO CJVMJ 311VY Nil T N Cl) tD M N m O 00 U) Z LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M. ADA COUNTY, IDAHO CURVE TABLE CURVE# LENGTH RADIUS DELTA TANGENT CHORD BEARING Cl 68.61 69.99 56-1O'12" 37.35 65.90 N89°26'39"W C2 107.70 199.99 30°51'16" 55.19 106.40 S77°53'45"W C3 92.42 199.99 26°28'40" 47.05 91.60 S80°05'03"W C5 7.90 270.00 1°40'33" 3.95 7.90 S89°02'34"E i SCALE: 1"=400' POB FRANKLIN ROAD 10 11 S89°09'50"E 1577.99' 15 14 W 1/16 SEC 14 - - i N 1/4 SEC 14 - _ p� _a a a S189°25'20"E 290.60' --NO'34'40"E 294.20' P/�L - 1 -- -. - P/L_ S891 26'49"E 287.44 NO°33'11"E 186.45' \ � 0 �, o P0. Pn' i ZONE P� TN-C 3 p� a / P/L_ O NO°00'00"E 243.81 �� °' - - -P L - o 3 N87°54'01"E v� .0 2 ---.---._O r-01.03' P/L-o C5 - - W lu m _ p� ZONE C-G N89°42'19"E o P� 41.44' S89°51'O6"W 249.01' NZ ,S89°52'51"5897 51606"W 91.9- SO°34'40"W 10.0. a P -- SO°34'40"W 100.00' m rL �� NO°34'40"E 10.00' Z o -- - -P/L d a a tt �-- - - P/L a �� -t _ pti� S89°51'O6"W 249.02' U) h of -S62°27'45W� ZONELnI g 91.30' N61°20'57"W 85.70 w N89°26'21"W 40.05� Row- m _ p-40 7 ROW. R L`�� o _.. 11,09"W Im m 0' c o w SO°33'39"W 14.15 i S66°50'21"W 186.46C°2 �- C1 986i (�+/ �3 a - _ _ J ( _ N 1/16 SEC 14 - N86°40'15"W 156.20' g ; iN50°58'33"W 17.95'--// i/ I S89°11'04"E 249.00' N89°10'41"W 279.99'J 3 a S89°10'41"E 91.70' z 0 0l Y � W M 5 E Y W U y S � N 1/4 RIGHTON s CORPORATION Y N F N KELLER a associates ZONING BOUNDARY 31 SW 8)28&196uiteA Meridian,Idaho&W2 1208)28&1992 N LEGAL DESCRIPTION MAP FOR TM CREEK a CERTIFICATION OF SUMMARY . William L.M. Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L. M . Nar , City Attom SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 214947 An ordinance (H-2021 -0035 TM Creek Apartments Phase 3 ) for rezone of part of the NW 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; establishing and determining the land use zoning classification of 5 . 58 acres of land from TN-C (Traditional Neighborhood Center) zoning district to C-G (General Retail And Service Commercial) zoning district in the Meridian City Codes 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 .] I I RE-ZONE ORDINANCE - TM CREEK APARTMENTS PHASE 3 - H -2021 -003 5 PAGE 3 OF 3 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 21-1948: An Ordinance (H-2021-0025 —The 10 at Meridian) for Annexation of the NE % of the NE % of Section 15, Township 3 North, Range 1 West, 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 40.30 Acres (More or Less) of Land from RUT to C-C (Community Business District)(27.25 Acres) and R-40 (High Density Residential)(13.04 Acres) Zoning Districts 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 ADA COUNTY RECORDER Phil McGrane 2021-132706 BOISE IDAHO Pgs=7 NIKOLA OLSON 09/08/2021 02:35 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1948 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0025—THE 10 @ MERIDIAN) FOR ANNEXATION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, 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 40.30 ACRES (MORE OR LESS) OF LAND FROM RUT TO C-C (COMMUNITY BUSINESS DISTRICT)(27.25 ACRES) AND R-40 (HIGH DENSITY RESIDENTIAL)(13.04 ACRES) ZONING DISTRICTS 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: Elk Ventures LLC SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business District) (27.25 Acres) and R-40 (High Density Residential) (13.04 Acres) 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—The 10 @ Meridian(H 2O21-0025) 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 7th day of September, 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 7th day of September, 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 7th day of September 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 ANNEXATION ORDINANCE—The 10 @ Meridian(H 2O21-0025) Page 2 of 3 EXHIBIT A Annexation&Zoning Legal Description and Exhibit Map EXHIBIT Drz SCR IrTION FOR THE 10 AT MERIDIAN CITY OF MERIDIAN ANNEXATION The NE114 of the NEIA of Section 15, T_W. R.1W.. P.M., City of Meridian, Ada County. Idaho more particularly described as follows- BEGINNING at NE corner of said Section 15 from which the N114 corner of said Section 15 bears North 89°15'23"West, 2640.72 feet. thence along the East boundary lime of said Section 15 South 00°33'W West, 1.329.09 feet to the N1116 corner of said Section 15; thence along the South boundary line of the NEIA of the NE114 of said Section 15 North iSS"15'02"West, 1,321.18 feel iu ilia NE1/1S ref 6did SecUun 15, thence along the West boundary line of hlEif4 of the NSI14 of said Section 15 North K)W35'22"East, 1,328.96 feet to the E1116 comer of said Section 15; thence along the North boundary Ilne of said Section 15 South 89'A S'23"East, 1.320.37 feet to the REAL POINT OF BEGINNING. Containing 40.30 acres, more or less, 779 Page 1 OASIS OF SEARIKC S,lo &11 Nml± " 2mJ s15 5-14 s�O 1/4 E1 S W. FRANKLIN RD. s]5 1 a ' Se9qƒF3' 1 !¥ � � . ka § 17553 s£ ; z 4Ca0 IE q S � � z NE 1 # N s'? -02 , t1B N ] 16 N 4 IV SCALE , 0 7729 0 7m Qo ! 0 lb I � * oF � � Z�yEC Page 2 The 10 9 Meridian H 2O21-002 EXHIBIT DESCRIPTION FOR THE 10 AT MERIDIAN CITY OF MERIDIAN ZONE (;re A portion of land located in the NE114 of the NEV4 of Section 15, T.W. RAW, B.M., City of Meridian, Ada Gourity, Idaho more particularly described as follows' BEGINNING at NE comer of said Section 15 from which the N1/4 Darner of said section 15 bears North 59°15TY West, 2W.72 feet, thence along the East boundary line of said Section 18 South 001ST16"West, 1.329-09 feet to the N 1116 corner of said Section 15; thence along the South boundary line of the NE114 of the NE114 of said Section 15 North E9"15'02" ~Nest, 20.27 Feet; thence leaving said South boundary line North 57'UB'08"West, 149.94 feet: thence North 60"22'90"West, 293-40 feet; thence North 66"00'44"West, 371.54 feotl thence 131.19 feet along the arc of curve to the right, said curve having a radius of 5W.00 feet, a central angle of 15"02'00"and a long chord which bears North 50'2!'44"West, 130 81 feet,, thence North 42"58'44"West, 723.60 feet to a point on the West boundary line- of NE114 of the NE114 of said Section 15: thence along said Vest boundary line Worth b4°35'2 "East, 310-06 feet to the E1116 corner of said Section 15; thence along the North boundary line cf said Section 15 South 991115'23" East, 1, b.37 feet to the POINT OF BEGINNING. Containing 27,25 sores, more or less- 0. 77 Iwo} � �Y G. Page 1 of 1 Page 3 The 10 @ Meridian H-2021-002 EXHIBIT_ 6ESCRIFITION FOR THE 10 AT MERIDIAN GITY OF MERIDIAN ZONE R-40 A potion of land looted in the Nr=114 of the N E 1 M of Section 1S. T.3N„ R,IW, 0,M.. City of Meridian,Ada County, Idaho more particularly described as follows, Commencing at NE corner of said Section 15 from which the N1f4 corner of said Section 15 bears North 8W1523"West, 2640.72 feet; thence along the East boundary line of said Section 15 South 00°3316'West, 1,329,09 feet to the N 1 N6 corner of said Section IS; thence along the South bourvdary line of the NE114 of the NE14 of said Section 16 North 09-16'02-West, 24.27 feet the REAL POINT OF BEGINNIN ; thence continuing along said South boundary line North 89'1602"West, 1.300.91 feet to the NE1l16 of said Section 15; thence slang the Vilest boundary Ilne of NE114 of the NE114 of Bald Seetlon 15 North 00°35'22" East_ 1,018.91 feet; thence leaving said West boundary line South 42°58744" East, 723.60 feet; thence 131.19 feet along the arc of curve to the left, said curve having a radius of 500.OD feet, a central angle of 15°02'00" and a long chord which bears South 5O°29'44"East, 130,81 feet: thence South 58°00'""East, 371,54 feet; thence South 6O° 2W East, 293.40 feet; thence South 57'W08"East. 149.94 feet to the REAL POINT OF BEGINNING. Containing 13_04 acres, more or Jess_ 779 ° hi ) PagL3 1 of 1 Page 4 The 10 @ Meridian H-2021-002 EXHIBIT B EXHIBIT MAP BASIS OF BEARING sic S,11 N 99'15'23"W 2640,72' $.15 S.1 8.10 1 J4 E1/16 W. FRANK UN RD. 5.15 13Z0,3b' 588 i5'23"E 1320.57' 77 I� ZONE CC Ip 1 I I+ + 1187150 B.f. nL 27.25 z rl + + + + 1ry ;+ + + + + + + + + + + + + + + + r1 + + + + + + • + ' +ZONE R— O ++++ + gyp. M57'06'08"W j*+++5681 S.f_+++#+++ rrS 149.94' + + 13.04 ❑.c. + + + + + + + + + + + + + + + -4 + + + + + + + + + + + + + + + 1+++#+++++++++}++++ N6022' 4"'A' + +++ 20.27' + + + + + + + 293_40' + + + + NE 1/16 N89-15'02"w 1321.18' N 1/16 CURVE TABLE CURVE RADIUS LENGTH CHORD GIST. CHORD 9RG. DELTA 7729 Cl 500.00 1 1311.19 1 134.61 I 550-29.44"E 15'O2'00" oh 0 75 150 300 600 IDAHO EXHIBIT __ DRAWLING r0R THE 10 AT MERIDIAN — N U RVEY our—pl-m m �� � 60112,mjs. °' RE—ZONE 1 GROUP, LLC UN-ATM IH THE NE 9f 7,C NC a cr x4TGN 13'T.�4 OWG.DATE R,h[,B..YI.,6Tv�F MEF1d.AH, ADA CAlW7.lWL0 S{I9J30?1 Page 1 The 10 @ Meridian H-2021-0025 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 . L. Gaa William L. M. Nary, ity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 214948 An Ordinance (H-2021 -0025 — The 10 @ Meridian) for annexation of a portion of land located in the NE '/4 of the NE '/4 of Section 15 , Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification of 40 . 30 acres of land from RUT to C-C (Community Business District) (27 .25 Acres) and R40 (High Density Residential) ( 13 . 04 Acres) Zoning Districts 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 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 — The 10 @ Meridian (H 2O214025) Page 3 of 3