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2021-10-05 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 05, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT 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 PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing for Proposed 2021-2022 Meridian Parks and Recreation Adult Sports League Fees 2. Resolution No. 21-2287: A Resolution Adopting the 2021-2022 Adult Sports League Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 3. Public Hearing for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. Approved A. Request: Modification to the Existing Development Agreement (Inst. #114030972) to update the overall concept plan to include the Oakmore Subdivision (H-2018-0118) and finalize the approved preliminary plat. Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 4. Ordinance No. 21-1950: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining To Landscape and Common Open Space and Site Amenity Requirements in Chapter 3; Multi-Family Common Open Space Design Requirements in Chapter 4; and Various Other Amendments to Chapters 1-5 and 7; 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 6:16 pm Meridian City Council October 5, 2021. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 5, 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, Joe Dodson, Garrett White, Berle Stokes, 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, call the meeting to order. For the record it is October 5th, 2021. It's 6:00 o'clock p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item would be the Pledge of Allegiance. Would our scout troop like to come forward and lead us in the pledge? Would that be all right? (Pledge of Allegiance recited.) Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Point of privilege, please. Simison: Take it. Bernt: You know, I absolutely love it when I -- when I see these scouts come to our City Council meeting. So, I appreciate what you guys do for our community. I appreciate the level of service that you provide and that you strive for and I appreciate all the things that you are learning. So, keep up the good work. Appreciate you. COMMUNITY INVOCATION Page 25 Meridian City Council Item#2. October 5,2021 Page 2 of 9 Simison: Thank you, Councilman Bernt. We had no one sign up for the community invocation. ADOPTION OF AGENDA Simison: So, we will move on to adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: No changes to the agenda, so 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. The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, did we have anybody sign up under public forum? Johnson: Mr. Mayor, no one has signed up. ACTION ITEMS 1. Public Hearing for Proposed 2021-2022 Meridian Parks and Recreation Adult Sports League Fees Simison: All right. Then we will move on to Action Items for this evening. Our first item up is a public hearing for proposed 2021-2022, Meridian Parks and Recreation adult sports league fees. I will turn this over to Mr. White. White: Mr. Mayor, Council, good evening. I'm here in front of you to talk about a couple fees that we have to increase based on our current cost recovery philosophy and to cover our hard costs for our leagues. This is for basketball that's coming up, as well as some of our volleyball leagues. Really, the hard costs that are increasing are for officials. You guys probably heard about all the officials and the shortage and stuff like that. Well, with our agreement with the SSSA official associations with basketball and volleyball, the fees have gone up for officials, so this is really just to adjust our fees to help cover those costs. So, here in the next couple weeks we will be coming forward with -- with our whole slew of fees with our Activity Guide. We just had to pull these out early, because we need to Page 26 Meridian City Council Item#2. October 5,2021 Page 3 of 9 start advertising for those basketball leagues and some of the volleyball leagues now, rather than in the next couple weeks. So, with that I will stand for questions. Bernt: Mr. Mayor? Simison: Thank you, Mr. White. And just for the record the public hearing was opened. I don't believe I really said that, but that was to open the public hearing. Councilman Bernt. Bernt: Garrett, thank you. So, fees for pickleball going down? White: Great question. Bernt: I was just kidding. They should. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Garrett, appreciate you bringing in these. Appreciate these items so we can promote this. A suggestion might be for these and maybe when you bring the -- the rec guide, we do a good job of saying here is the fee and this is the change, the percentage or the dollar amount. Just maybe a request as you are bringing those to us. I think it's good for us to track and to be able to understand, too. I think you did a great explanation as to why fees are going up. I think it helps us understand what's necessitating an increase or a decrease. White: So, just give us a percent -- give you like the percentage increase, decrease type of thing? Cavener: Percentage or a dollar amount or whatever -- whatever Finance is doing I think it's been helpful for us to see when fees are going up or going down. White: Sounds good. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Garrett, do you ever have -- does the Parks and Rec ever have anybody call and say, hey, I would really like to be involved in this league, but I don't have the financial means to do it? And, if so, how are those questions answered? White: Mr. Mayor, Council Woman Perreault, you know, we -- I haven't received those phone calls. We get some of those calls with our youth programs and things like that and we have the Care Enough To Share program that we help cover 80 percent of the youth, Page 27 Meridian City Council Item#2. October 5,2021 Page 4 of 9 if it's 18 -- or 17 or younger. For adults really we haven't had that come to fruition I would say, but something we probably could think about. Simison: Thank you. Council, any additional questions for staff? Okay. This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody that would like to come forward and provide testimony on this item, either in the room or online? If you are online you can use the Raise Your Hand feature at the bottom and we can bring you in for -- to provide testimony. Seeing nobody in the room and nobody online wishing to provide testimony, do I have a motion to close the public hearing? Perreault: So moved. Simison: I have a motion to close the public hearing. Is there a second? Cavener: Second. Simison: Motion and a second. Any discussion? If not, all in favor in closing the public hearing please signify by saying aye. Opposed nay. The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. 2. Resolution No. 21-2287: A Resolution Adopting the 2021-2022 Adult Sports League Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Next item is No. 2. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Resolution No. 21-2287, adopting the 21-22 adult sports league fees of the Meridian Parks and Recreation Department and authorizing the Meridian Parks and Rec Department to collect such fees and providing an effective date. Simison: I have a motion. Do I have a second? Cavener: Second. Page 28 Meridian City Council Item#2. October 5,2021 Page 5 of 9 Simison: Have a motion and a second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the resolution is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 3. Public Hearing for Oaks North and Oakmore DA Modification (H-2021- 0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. A. Request: Modification to the Existing Development Agreement (Inst. #114030972) to update the overall concept plan to include the Oakmore Subdivision (H-2018-0118) and finalize the approved preliminary Simison: Thank you, Garrett. Next item up is Item 3, public hearing for Oaks North and Oakmore DA modification, H-2021-0058. We will open this public hearing with staff comments and I will turn this over to Joe. Dodson: Thank you, Mr. Mayor, Members of Council. Good evening. As you can see before you, it's good old Oaks North, it's over 226 acres of land as of now. Originally the project was much larger and that included Oak South, as well as a little bit along the southwest corner of McDermott and McMillan. However, the project before you tonight is really just for this area here. So, the history here is pretty old in the sense of 2013 and being almost ten years ago, there is -- the original annexation then, rezone, preliminary plat. However, before you tonight they are trying to amend the existing DA from 2013 for the approved Oaks North Subdivision, to remove this seven acre area, which is known as the Oakmore Subdivision, which was approved in 2018, and the point is to remove it from the original DAto create a new DA consistent with that plat. The 7.4 acres of the Oakmore Subdivision was approved in August 2019 under a 2018 permit. There is the application. And it modified this area of the site. Originally this was slated for multi-family. So, it removed a component of the multi-family area and proposed more single family residential and rezoned it from R-15 to R-4. At the time of the Oakmore plat the -- and the rezone, the applicant also received approval of a DA modification for Oaks North and the Oaks South project area. That updated the overall concept plan consistent with this new plat and this new project. However, that DA was never executed and is no longer valid or applicable. In short, the applicant is submitting this DA modification for this plat to keep the Oakmore preliminary plat alive and to move forward with a new DA for this subject area. It is consistent with the existing provisions within the Oaks North DA that allow subsequent phases of the project to remain valid, so long as there is a valid final plat in existence. There was one person -- one neighbor who submitted some public testimony and that was just a general opposition to any modification that increased the density and changed the zoning back to R-15, which is not necessarily applicable, but overall point taken. Staff does recommend approval of this new DA in order to pull this section of it out and make it consistent with the approved preliminary plat from 2018. Staff has tied the new DA to the existing -- or to the approved plat and landscape plan and Page 29 Meridian City Council Item#2. October 5,2021 Page 6 of 9 elevations and has tied it to those conditions of approval within that plat from 2018 as well. I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, can you help us understand the history and why the modified DA wasn't executed? Dodson: Council Woman Perreault, it -- I don't know exactly from the applicant's perspective why it was not executed, but I do know it never was. It was under a different ownership at that time, too. Now it is not. It is under common ownership with the rest of Oaks North. I think I will leave that to the applicant to just -- to discuss why it wasn't signed. But regardless of that, the plat is still alive and that's why we told them, hey, if you want to keep the plat alive you need to do this DA mod so that we can keep this in its own DA like it was supposed to be in 2018. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: So, this -- the -- the residences in this project are constructed; correct? Dodson: This -- no. That's right. In this phase, no. So, again, pretend this is single family. But generally speaking the line of existing approvals goes about here and, then, all this is done. Oaks South is completely developed. About half of Oaks North I would say is probably actually constructed, if not a little bit less. They have the community park and they have a lot of this along the south end, which I have -- I have done recent inspections out there and it looks great. But nothing in this northeast area has been constructed. Perreault: Thank you. Dodson: You are welcome. Simison: Council, any other questions? Okay. Ask the applicant to, please, come forward and state your name and address be recognized for 15 minutes. Bower: Thank you, Mayor Simison, Council. Jeff Bower. 601 West Bannock in Boise. With Givens Pursley. Here tonight on behalf of the applicant Toll Brothers. We would like to thank Mr. Dodson and Mr. Nary. We have worked together to craft the development agreement in front of you tonight. Had a few conference calls last week to kind of hash out exactly what area this development agreement covers, as well as the conditions of Page 30 Meridian City Council Item#2. October 5,2021 Page 7 of 9 approval. To answer Council Member Perreault's question, it is unfortunate that development agreement wasn't signed and, you know, we don't have any excuses, except to say Toll did buy this project from Coleman Homes and it was about the 2018, 2019 period that that transition was happening and I think this is just one ball that got dropped. But to reiterate Planning staff's comments, the development agreement before you tonight will not change any zoning or any approvals, it's really just to paper the 2018 amendment to the preliminary plat and so we are here to answer any questions if you have anymore, but -- but, otherwise, we agree with staff's recommended conditions and look for your approval. Simison: Thank you. Council, any questions? All right. Bower: Thank you. Simison: Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anybody in the audience that would like to provide testimony on this item or online, using the Raise Your Hand feature on Zoom? Seeing no one wishing to provide testimony, would the applicant like any final comments? Then do I have a motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I would move to close the public hearing for Oaks North and Oakmore DA modification, H-2021-0058. Perreault: Second that motion. Simison: I 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 and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Appreciate the work of staff and Legal on sorting this all out and making sure it all works and moves forward and appreciate that -- that good work. So, after considering Page 31 Meridian City Council Item#2. October 5,2021 Page 8 of 9 all staff, applicant, and public testimony, I move to approve file number H-2021-0058 as presented in the staff report for the hearing date of October 5th, 2021 . Perreault: Second that motion. Simison: I have a motion and a second to approve Item H-20221-0058. Is there any discussion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I would like to just say that I really appreciate staff's ability to simplify the application. So, reading the -- the two staff reports in the -- and the narrative and everything I was like, wow, they were really able to kind of par that down into something that was much more simple. So, you did a great job with that. Thank you. Dodson: Thank you. I think it just shows my intelligence. It's -- that's about it. That's all it's really saying here. Cavener: And your humility, Joe. Dodson: Self deprecation. Humility. Close. Thank you, though. Simison: All right. If there is no other comments, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 4. Ordinance No. 21-1950: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining To Landscape and Common Open Space and Site Amenity Requirements in Chapter 3; Multi-Family Common Open Space Design Requirements in Chapter 4; and Various Other Amendments to Chapters 1-5 and 7; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Last item on our agenda is Ordinance No. 21-1950 and ask the Clerk to read this ordinance by title. Page 32 Meridian City Council Item#2. October 5,2021 Page 9 of 9 Johnson: Thank you, Mr. Mayor. It's an ordinance amending Meridian City Code as codified a Title 11, pertaining to landscape and common open space and site amenity requirements in Chapter 3; multi-family common open space design requirements in Chapter 4; and various other amendments to Chapters 1-5 and 7; 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 that would like it read it 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. 21-1950 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 21-1950 under suspension of rules. 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. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Simison: I have a motion to adjourn the meeting. All in favor signify by aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10-19-2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 33 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 : October 5 , 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 is for this forum ) Name ( please print ) Brief Description of Discussion Topic 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed 2021-2022 Meridian Parks and Recreation Adult Sports League Fees CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, October 5, 2021, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021-2022 Meridian Parks and Recreation Adult Sports League Fees: 5v5 Basketball—8wk & DE $551.89 Winter Volleyball League $297.17 Spring Volleyball League $259.43 Fall Volleyball League $297.17 DATED this 19th day of September, 2021. Chris Johnson, CITY CLERK PUBLISH on September 19 and September 26 PUBLIC HEARING SIGN IN SHEET DATE : October 5 , 2021 ITEM # ON AGENDA : 1 PROJECT NAME : Proposed 2021 - 2022 Meridian Parks and Recreation Adult Sports League Fees 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 f g 10 11 12 13 14 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 21-2287: A Resolution Adopting the 2021-2022 Adult Sports League Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 21-2287 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on September 19, 2021 and September 26, 2021, according to the requirements of Idaho Code section 63-131 IA, on October 5, 2021 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the Adult Sports League Fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the Adult Sports League Fees shall remain in effect as to those leagues until such leagues are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 5th day of October 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of October 2021. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 2 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, October 5, 2021, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks &Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2021-2022 Meridian Parks and Recreation Adult Sports League Fees: 5v5 Basketball— 8wk& DE $551.89 Winter Volleyball League $297.17 Spring Volleyball League $259.43 Fall Volleyball League $297.17 DATED this 19th day of September, 2021. Chris Johnson, CITY CLERK PUBLISH on September 19 and September 26 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF 2 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda : [ if applicable] Item #3 : Oaks North & Oakmore MDA ( H -2021 -0058) Application (s ) : ➢ Development Agreement Modification Size of property, existing zoning , and location : This site consists of approximately 226 acres of land , zoned R4 and R-8 , located at on the north side of W. McMillan Road , between N . Black Cat Road and N . McDermott Road . History : AZ- 13-008 ( DA Inst. # 114030972) ; RZ- 13 -008 ; PP- 13-013 & -014 ; MDA-03-015 ; H-2018-0117 (Oakmore) Comprehensive Plan FLUM Designation : Medium Density Residential ( MDR — 3-8 du/ac) Summary of Request : The Applicant proposes to amend the existing Development Agreement ( DA) from 2014 for the approved Oaks North Subdivision ( Inst . # 114030972) to remove the approximate 7 acre area known as Oakmore Subdivision ( H-2018 -0118) from the original DA and create a new DA consistent with the approved preliminary plat. The 7 . 4 acres Oakmore Subdivision was approved in August 2019 and modified a portion of the original Oaks North preliminary plat in the northeast area of the overall project. • Oakmore removed a multi-family component of the original project and instead proposed more single-family residential ; it also included a rezone from the R- 15 zoning district to the R4 zoning district . • At the time of the Oakmore preliminary plat and rezone , the Applicant also received approval of a DA Modification for the Oaks North and Oaks South project area ( H -2018 - 0117) to update the concept plan by creating a new DA for the Oakmore Subdivision 7 . 4 acres . • The modified DA was never executed and is no longer valid or applicable . In short, the Applicant is submitting this DA modification to keep the Oakmore preliminary plat valid and to move forward with a new DA for the subject 7 . 4 acres consistent with an existing provision within the Oaks North DA allowing subsequent phases of the project to remain valid so long as there is a valid final plat for a previous phase . Written Testimony : Shawn Freeman — Opposes any modification to the zoning to increase the density of the R4 or R-8 lots to the R- 15 zoning district . I Recommendation : Staff recommends approval of creating a new DA for the subsequent area; Staff has recommended specific provisions consistent with the project and has tied the new DA to the approved Oakmore plat, landscape plan , elevations , and I conditions of approval . Notes : I I Possible Motions . Approval After considering all staff, applicant and public testimony, I move to approve File Number H -2021 -0058, as presented in the staff report for the hearing date of October 5 , 2021 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony , I move to deny File Number H -2021 =0058 , as presented during the hearing on October 5 , 2021 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H -2021 . 0058 to the hearing date of [date] for the following reason (s) : (You should state specific reason (s) for continuance.) City Council Meeting 2021October 5, Item #3: Oaks North/Oakmore DA Mod Existing Area in question PlanConcept Approved Plat concept planwould be – 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Public Hearing for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. A. Request: Modification to the Existing Development Agreement (Inst. #114030972) to update the overall concept plan to include the Oakmore Subdivision (H-2018-0118) and finalize the approved preliminary plat. Page 8 E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: October 5, 2021 Topic: Public Hearing for Oaks North and Oakmore DA Modification (H-2021-0058) by Toll Southwest, LLC, Located on Over 200 Acres on the North Side of W. McMillan Rd., Between N. Black Cat Rd. and N. McDermott Rd. A. Request: Modification to the Existing Development Agreement (Inst. #114030972) to update the overall concept plan to include the Oakmore Subdivision (H-2018-0118) and finalize the approved preliminary plat. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 9 PUBLIC HEARING SIGN IN SHEET DATE : October 5 , 2021 ITEM # ON AGENDA : 3 PROJECT NAME : Oaks North and Oakmore DA Modification ( W2021 - 0058 ) 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 STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/5/2021 Legend _ DATE: _ Project Location r-- TO: Mayor&City Council ---- FROAM: Joseph Dodson,Associate PlannerENS, 208-884-5533 H-2021-0058 rill- SUBJECT: `":=�:����� Oaks North&Oakmore DA ' ; Modification :. i' LOCATION: The site is located on over 200 acres on ® MUM the north side of W. McMillan Road, between N. Black Cat Road and N. McDermott Road,in the S '/z and NE '/4 __ ____- of Section 28, Township 4N.,Range 1W. I. PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #114030972)to update the overall concept plan to include the Oakmore Subdivision(H-2018-0118). II. SUMMARY OF REPORT A. Applicant: Adam Capell,Toll Southwest,LLC—3103 W. Sheryl Drive, Suite 100, Meridian,ID 83642 B. Owner: Toll Brothers,LLC—3103 W. Sheryl Drive, Suite 100,Meridian,ID 83642 C. Representative: Jeff Bower, Givens Pursley—601 W. Bannock Street,Boise ID 83702 III. STAFF ANALYSIS The Applicant proposes to amend the existing Development Agreement (DA) from 2013 for the approved Oaks North Subdivision (Inst. #114030972) to include the Oakmore Subdivision (H-2018- 0118) into the existing concept plan. In addition, the Applicant is requesting to modify or eliminate existing provisions that have been executed and may no longer be applicable. See Section V for Staff s recommended changes to the existing DA provisions. History:The Oakmore Subdivision was approved on August 6,2019(findings approved)and modified a portion of the original Oaks North preliminary plat in the northeast segment of the overall project and encompassed approximately 7.4 acres of land;this application also included a rezone that changed the Page 1 zoning of the property from the R-15 zoning district to the R-4 zoning district to be more consistent with adjacent areas of the project. The rezone to R-4 was executed despite the preliminary plat never being final platted. In addition, at the time of the Oakmore preliminary plat and rezone, the Applicant also received approval of a DA Modification for the Oaks North and Oaks South project area(H-2018- 0117) to do what this DA Modification aims to do, update the concept plan and modify some of the existing provisions. However, the modified DA from this application was never executed and is no longer valid or applicable. In short,the Applicant was required to submit this DA modification prior to the plat expiring on August 6, 2021 to keep the Oakmore preliminary plat valid and to move forward with updating the overall concept plan of the entire Oaks North project area. Furthermore,the original DA encompassed both the Oaks North and Oaks South developments—all of the Oaks South development is constructed which is also the reason for removing DA provisions that have been completed regarding this area of the project.In addition to the Oaks South area,the Oakwinds Subdivision(H-2020-0093) was platted and required a new DA so that area is no longer governed by the existing Oaks North and Oaks South DA from 2013. Oakwinds encompasses approximately 24 acres of land in the R-15 zoning district at the northeast corner of McMillan and McDermott Roads. A new legal description and exhibit map have been prepared so it is clear what remaining property is governed by the amended DA(see exhibit V.B below). Staff did not require the Applicant submit a concurrent administrative time extension for the Oakmore plat because it was already tied to the original plat approvals and DA provision that allows future phases to remain valid so long as the latest platted phase has not yet expired—all of the existing phases for Oaks North are currently valid(Oaks North No. 11 expires on July 27,2023). The Applicant is proposing a number of changes to the existing DA for the purpose of cleaning up the record consistent with changes to the overall plan that have occurred and to remove provisions that have been satisfied since the original approvals in 2013. Staff supports the requested changes with the exception of a few minor revisions and one additional provision.In addition,the Applicant is including an updated overall concept plan for the approximately 226 acres of the Oaks North project that includes the 7.4 acres of the Oakmore Subdivision that is now under the same ownership as the rest of the project. Staff also supports the revised concept plan because it creates a singular concept plan for the Oaks North and Oakmore subdivisions. In summary,Staff finds the requested changes to the concept plan and DA provisions are applicable and appropriate. Therefore,Staff recommends approval of the modifications as requested including additional changes as noted below. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA of Oaks North Subdivision (Inst. #114030972) as recommended by Staffs analysis above and with the specific changes below, generally consistent with the Applicant's requested revisions. V. CITY/AGENCY COMMENTS& CONDITIONS A. Planning: 1. Development Agreement Modification: 1.1 The existing DA(Inst. # 114030972) shall be amended to reflect the amended and new provisions and the updated conceptual development plan for the subject area outlined in the attached legal description(see Exhibit V.B). The agreement shall be signed by the Developer Page 2 and returned to the City&Planning Division within six(6)months of the City Council the granting modification. Include the strikeout and underline changes to the DA as noted in the Applicant's project Narrative(linked here)with the following changes: a. Keep DA provision 5.1.6 from the existing DA but modify to read as follows: "For phasing purposes,the Oaks North and Onlis So plats shall be �t and both plats wil remain valid as successive phases receive City Engineer's signature.As long as the submittal and recordation of a final plan n• one plat is completed in the timeline outlined in UDC 11-6B-7,the entire project remains valid and does not expire. b. Modify DA provision 5.1.13 to include the requested changes but modify to include the correct lot and block(Lot 1,Block 10 of Oaks North Subdivision No. 1). Page 3 B. New DA Legal Description and Exhibit Map of the Area Subject to the Amended DA(dated: July m dA 0 x l � C , c ro Cw��4 N N M„OZ,6Z.05 � N ,LC'L£96 3„OO,I£.ONImm N � as lv�NOVIG:N - N JICC WNm2 A_ pCJp MN N^�q C; W U ON VI 2 IV)NZM„5£,M0S w N m Wo Z z N M ` W N ti /� �/,/��O O Co N,.�j t4 Z V J W(..)¢ Z R V Co 7 W �'S�hEc• n z m W v p<i e�y^i�F ¢ o w Z— Ow' €�i€ m O U) W U �h1�9� ¢ W o _O 3 BS N ON Z9T9 3J9,t L98S 00 00 N Q M ,98'SZ9 L9.99 3„60,09.99S = a o 0 LL Z M 69'9� 3„69,69.09S N J4� U Q J 04 Z LL Q o n�o00 SZ o LU Q LL -O851598� o�oroo oco 0 q h 3 QOF w� onm�^^o LIJ ❑Q 0 ^ w 3 w�+r IIw CD N 1 Jit]����aC+l+�i+]_ NZ r \ ,66'9l M„Z 1,Z5.05 N 9 0 o ago W 3 I �...m.ta�-o '0w � dmzziz 5 zzzzzz :gym _ z 10 � o Z m6 LU V W U © 3„Z4,00.1N o ,lL'YLL z vo O W No �`N L6'06S z _ ,99'680Z N n _N 99'029Z 3„0,00.1N 08 LOM303N 'N ; OR 2 00 ti�2Z � � r� o3 `J a S ad G\' 27, 2021): Page 4 Legal Description The Oaks North — Development Agreement Modification A parcel located in the S 'h and the S '/2 of the NE '%of Section 28, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of the SW'/4(S '%corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said Section bears N 89'16'58"W a distance of 2635.25 feet; Thence N 89°16'58"W along the south boundary of said SW'%a distance of 1778.73 feet to a point; Thence leaving said boundary N 0°43'02"E a distance of 37.00 feet to a point; Thence N 45°43'02"E a distance of 52.33 feet to a point; Thence N 0°43'02" E a distance of 383.23 feet to a point; Thence N 44°47'25"W a distance of 28.54 feet to a point; Thence N 88'59'18"W a distance of 3.02 feet to a point; Thence N 1°00'42 E a distance of 50.00 feet to a point; Thence N 4'19'19"W a distance of 136.47 feet to a point; Thence N 1°00'42 E a distance of 142.12 feet to a point; Thence N 85°08'45" E a distance of 11.10 feet to a point; Thence N 10'22'36"W a distance of 85.82 feet to a point; Thence N 15°28'05"W a distance of 262.84 feet to a point; Thence N 1°00'42" E a distance of 171.03 feet to a point; Thence N 88'59'18"W a distance of 324.54 feet to a point; Thence N 1°00'42"E a distance of 774.71 feet to a point; Thence N 89'21'17"W a distance of 450.00 feet to a point on the west boundary of said Section 28; Thence along said boundary N 1°00'42"E a distance of 540.97 feet to the northwest corner of the SW'%(W'%corner)of said Section 28; Thence along the north boundary of said SW%S 89'21'17" E a distance of 1311.11 feet to the northwest corner of the NE%of the SW%(CW 1/16 corner)of said Section 28; The Oaks North Uind:�'Lafutjpn land51Meyingand Consulting DA Modification Description Job No.18-35 Page 1 of 3 Page 5 Thence along the west boundary of said NE'%of the SW'/4 S 0052'12"W a distance of 16.99 feet to a point; Thence leaving said boundary S 89°14'34" E a distance of 789.50 feet to a point; Thence N 64°03'58"E a distance of 27.64 feet to a point; Thence S 86053'44"E a distance of 189.53 feet to a point; Thence N 89°14'55"E a distance of 20.04 feet to a point; Thence S 70°27'46"E a distance of 25.64 feet to a point; Thence S 80°59'59"E a distance of 36.69 feet to a point; Thence S 88°50'09" E a distance of 85.57 feet to a point; Thence S 86°14'54" E a distance of 63.62 feet to a point; Thence N 89'18'41" E a distance of 45.49 feet to a point; Thence S 78°07'43"E a distance of 19.68 feet to a point; Thence N 53°05'48" E a distance of 16.54 feet to a point on the east boundary of said NE %of the SW'/4; Thence along said boundary N 0°45'06" E a distance of 24.36 feet to the northeast corner of the SW'%(Center''%corner)of said Section 28; Thence N 0°43'58"E along the west boundary of the NE'/4 of said Section 28 a distance of 625.86 feet to a point; Thence S 77°58'14" E a distance of 1338.14 feet to a point on the west boundary of the SE'/4 of the NE of said Section 28; Thence along said boundary N 0°36'34"E a distance of 297.33 feet to a point; Thence leaving said boundary S 89'22'11"E a distance of 175.08 feet to a point; Thence S-0°29'20"W a distance of 230.00 feet to a point; Thence S 89°22'02" E a distance of 1136.34 feet to a point on the east boundary of the NE'/4 of said Section 28; Thence S 0°29'20"W along said boundary a distance of 214.64 feet to a point; Thence leaving said boundary N 89°21'07" W a distance of 1312.36 feet to a point on the east boundary of the SW'/4 of the NE'%of said Section 28; Lz ,,�y The Oaks North ��-L-dSlmlytngan4coo,Immy DA Modification Description Job No.18-35 Page 2 of 3 Page 6 Thence along said boundary S 0°36'34" W a distance of 214.89 feet to the northeast corner of the NW'/4 of the SE'/4(CE 1/16 corner)of said Section 28; Thence along the east boundary of said NW'/4 of the SE %, and of the SW'/4 of said SE '% S 0°37'35"W a distance of 2635.73 feet to the southeast corner of said SW%4 of the SE'/4(E 1/16 corner),of said Section 28; Thence along the south boundary of said SW'/4 of the SE'%N 89'16'45"W a distance of 1317.68 feet to the POINT OF BEGINNING. This parcel contains 226.48 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS \ONPL LA At Land Solutions, PC STE p July 27, 2021 o < a 1111$ OF � cD TAN W. NP L4"d olut®ons The Oaks North "Una s�NeyJ,y a�a cooswn.y DA Modification Description Job No.18-35 Page 3 of 3 Page 7 C. Existing DA Concept Plan v,D�xPi (oPj aalnPi z xDDx IT +�.;qex cr Dx yPdxooa, ""°'"•"" --ExrPYAIr—E ➢E—D nxD MDxw[xr fENSENSELTS O THE OAKS NORTH SUBDIVISION _.W.. s : MERIDIAN, IDAHC PRELIMINARY PLAT LANDSCAPE PLAN Page 8 D. Proposed Concept Plan THE OAKS NORTH SUBDIVISION CONCEPT PLAN August 12, 2021 - Meridian, Idaho q 8.6 QWMORE -- A. 1 HE OAKS NORTH SUGDNOM �. r lftnTff— �r n 400 eD sm ESE CONSULTANTS WraffM- Toll Brothers AMFRICA'S LAINWRY HOME RUIL.DFR !p*•x Vpq Page 9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2 Coleman Herne^,Toll Southwest LLC,Ov,%e Developer THIS DEVELOPMENT AGREEMENT(this"Agreement"),is made and entered into this 22 day of April,, 24142021, by and between City of Meridian, a municipal corporation of the State of Idaho, thereinafter called CITY, and Coleman Homes,Toll Southwest LLC. a Delaware limited liability company.whose address is 3103 W. Sheryl Drive, Suite 100, Meridian, Idaho 83642 hereinafter called OWNE4UDEVELOPER. 1. RECITALS: . Owner- owner-, in the County of Ada, State of 1daho,described in Exhibit"A" for each owner-,which is attached hereto by this r-efe Fated her-ein as if set foi4h in flill,her-ein after-r-efefFed to as the Pr-opet4y; an 1-1 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of re-zoning that the n..,ner,4)eyel pefa p� make a written commitment concerning the use or development of the subject • ro er ; and 2 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land as well as the modification thereof, and L3 WHEREAS, Ow*er4Developer has submitted an application for- nne* io " o modify that certain Development Agreement dated April 22, 2014, recorded as Instrument No. 114030972 (the "Original Development Agreement"): and 4 WHEREAS.the Original Development Agreement governed the development of approximately 434.45 acres of land with 221.55 acres designated as R-4 (Medium-Low Density Residential){221.33, 155.31 acres}designated as R-8(Medium Density Residential){155.31,52.05 acres designated as R-15 (Medium High Density Residential District){5?0�, and 5.54 acres} designated as L-0 (Limited Office) (5.54 ae-es) zoning ,listr4et within the City of Meridian. Ada County, as legally described therein(the"Original Property"): and 1-5 WHEREAS. the Original Development Agreement was executed and recorded against the Original Property in connection with Case No(s). A7--13-008. RZ-13-008. PP-13-014. and MDA-13-015, which the Meridian City Council approved on December 17, 2013 through the issuance of Findings of Fact and Conclusions of Law and Decision and Order("Original Findings"): and DEVELOPMENT AGREEMENT-1 15788365 2.docx Item#3. 1.6 WHEREAS. Developer is the successor to Coleman Homes. LLC. the "Owner/Developer"under the Original Development Agreement. 1-7 WHEREAS, following the execution of the Original Development Agreement. the City has removed approximately 24.54 acres of property from the Original Property as part of the Oakwind Estates project,which property is legally described in that certain Development Agreement dated March 23.2021,recorded as Instrument No. 2021-046527 (the"Oakwind Estates Property"); and 1.$ WHEREAS,pursuant to Case No.H-2018-0118.City has rezoned approximately 7.39 acres of land within the Original Property from the R-15 zoning district to the R-4 zoning district under the UDC—apA which generally describes how the Property will be developed and what improvements will be made,which application was approved on August 13, 2019; and 1,2 WHEREAS,City and f fmoY^ entered into aDeveloper desire to amend. restate,and modify the Original Development Agreement on a-pot4ion of the property a^s ;r^a in Ex'' ''i+ Agreement is terminated and the subject property is hereby bound by the termswith this Agreement-.1 and 1.10 WHEREAS.this Agreement governs the development of that certain tract of land in the County of Ada. State of Idaho.legally described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full,hereinafter referred to as the"Property"; and 1.11 WHEREAS.the Property is a 226.48-acre portion of the Original Property: 1.12 WHEREAS. this Agreement only governs the Property, and all other portions of the Original Property,less the Oakwind Estates Property,shall remain subject to the Original Development Agreement; and 113 WHEREAS.the Property shall no longer be subject to or governed by the Original Development Agreement, which is terminated as to the Property, or any other development agreement (sl previously recorded against the Property, including, but not limited to. Ada County Instrument Number 109009629. and 1.14 WHEREAS, 9wner4Developer made representations at the public hearings both before the Meridian Planning&Zoning Commission and before the Meridian City Council,as to how the subject Property will be developed and what improvements will be made; and 113 WHEREAS, the record of the proceedings for the requested and&iation and zoning designation of the subject Dr^„ems development agreement modification held before the ling Meridian City Council, ine! ie includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and r-eeeive includes further testimony and comment; and 1.16 WHEREAS, City Getineili2n the 47-th insert day of Dece ibf insert , 2&t32021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings") approving the modification of the Original Development Agreement through the adoption if this Agreement, which Findings have been incorporated into this Agreement and attached as Exhibit L"' "'; and DEVELOPMENT AGREEMENT-2 15788365 2.docx Page 20 Item#3. 112 4-.9-WHEREAS, the Findings require the Owae Developer to enter into athis Agreement in order to amend, restate, and modify the Original Development Agreement'-pe--o Oho r:« , Getmeil takes final .,etion on annexation and zoning deli nat r; and 1.40 WHEREAS, .�,nnenID&yel ope- .lee ;t to be i their- Lost into-est to be able to urging and fe o n 1.18 144-WHEREAS, City further requires the Ow*er/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designationdesignations are in accordance with the amended Comprehensive Plan of the City of Meridian on Apr-Qecember 19, 20442019, Resolution No. 11 79419-2179, and the Zoning anR Development/l.-,1;.,,,nces codified i 1\Ro,-;,1ia Unified Deyel,,pme t�UDC, Title I I and 1.19 WHEREAS. Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS:That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement,which is a municipal Cer-peratieacornoration and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway AvenueAvenue, Meridian, Idaho 83642. 3.2 9 4VDEVELOPER: means and refers Coleman Hoof ^,to Toll Southwest LLC;whose address is 3103 W. Sheryl Drive,Suite 100,Meridian,Idaho 83642,the party that is developing said Property and shall include any subsequent owner/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada,City of Meridian as described in Exhibit"A"dese-ibing the par-eels to be ro zoned>,,ro,li Low Density Residential District(R 4) (221.55 acres);Medium Density Residential District(R 8) (155.31 aer-es); Medium High Density Residen4ial Distfiet (R 15) (52.05 aer-es); and L 0 (Limited Offiee) (5.54 a""ea-adattached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified atin the Meridian Unified Development Code. DEVELOPMENT AGREEMENT-3 15788365 2.docx Page 21 Item#3. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owne Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of the Property shall be generally consistent with the conceptual site plan attached in Exhibit [insert] to the Findings, which conceptual site plan is attached hereto as Exhibit"C"and by this reference incorporated herein as if set forth in full,hereinafter referred to as the"Concept Plan". 5.1.2 5.1.1 The OwnerEDeveloper shall comply with the submitted home elevations attached in Exhibit A.5 of the attaehe Original Findings,with materials and architectural features to be the same or higher quality as in the elevations. 1 5.1�atxre d&velepmeatr-o the9�iee lots shall eemply with the design standards listed in UDC 11 3A 19 and the guidelines eentained in the Mer-idian Design Manual. Development of these lots shall not commenee until the Owner4Developer- obtains certificate of zoning 5.1.3 The owiief�D€veleper-shall de dictate the well lat and 1�statiO r lE)t (Lot 29, Bloek 10) of 0&s Sotith S4diN4sion to the City as proposed. The appliea-at shall eoor-diflate the City on the ae"isition of the f4r-e staien lot (Lot 1, Bleek 16 of Oaks South Subdivision). if thee aequisition is mutually agreed upon by the Ownef/Developer- and the City, the ffitufe fire station lot is entitled to im-pact fee or-edits as allowed by law. 5.1.4 Development of the multi family T s eonditional use p€�ii4ic appr-oval. The density range in these areas shall be 9 to 15 dwelling units to the aer-e. 51.5 1f ffR ,,lttt lly agreed upon by toe Ow er/Peveloper and 3ALAR , t>10 Ownef�Developer- shall dedieate Lot 4, Bleek 16 of Oaks South Subdivision to Westem Ada Reer-eatio-n- District (WARD) for a neighborhood park as proposed. if an agreement eannot be reached between pat4ies, the Ownef�Peveleper-shall eoer-dinate with the Par-ks Pepaf�ment on the dediea+ioa of the lot as -a City neighbor-hood park. 5�6 ,.I,.,sing purposes, the Oaks North and Oaks South plats shall 1.0 reviewed as one pr-ojeet a-ad both pla+s will r-emain valid as stieeessive phases weeive City Efigineerls signatufe. As long as the submittal and r-eeer-datien of a final plan in one plat is eempleted in the time outlined in UDG 11 6B 7,the entire project remains ^li and does Not expire. 5.1.3 5�7 The Owner4Developer shall be responsible for all costs associated with design and construction of the required interim lift station and pressure sewer line.The station's design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. At completion of the construction, the station will be donated to the City of Meridian who will own and maintain the lift station.The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the pufpesedproposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the Owner4Developer. DEVELOPMENT AGREEMENT-4 15788365 2.docx Page 22 Item#3. 5.1.4 54..8-Water service to this site is being proposed via extension of mains in N. Black Cat Road, McDermott Road, and McMillan Road. The Owner/Developer shall be responsible for the installation of water mains to and through this development through the City of Meridian"s water master plan. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N. Black Cat Road and McMillan Road heading east to the existing 12-inch diameter main near the Ten Mile & McMillan intersection. This connection will need to be installed with phase one of the Owner-,Developer='s plan, and may be eligible for partial reimbursement. If the 12-inch water main from Ten m4eMile & McMillan is installed by another developer prior to phase one construction, the Owner/Developer will not be responsible to participate in construction of the required main extension. 5:1.9--The proposed ettdeer star-age is an aeeessery nse in the D 15 distf et the benefit of the proposed residential developments and shall not operate as a stand alone commercial btisiness. Development of this lot shall not eornmenee until the Owner4Developer obtains e rt-ifi-reate. Rai I lianee and design review approval of the storage faei!4— C 10 Lot 7 Block 1 f the Oaks North Subdivision and Lot c Block 16 of of the M..De finett Road overpass. 5 1.5 5.4.11The Ow-ne Developer shall comply with all City ordinances in effect at the time of final plan submittal. S.1 1.11r 1 2 The Owner/Developer shall provide method notifying t;f.ing homeof the fittere nruhi family developments proposed with the Oaks North and Oaks Sotith developments owners determined by the Planning Division Manager. 5.1.6 c.1.113 t,Wit the first phase of'development f the Oaks South Subd yi i J1 l proposed. With the second phase of development of the Oaks North Subdivision,the Owner/Developer shall develop the pool complex and the 5.71 acre neighborhood park on Lot 6,Block 12, as proposed. 5.1.14 A eress aeoess easement shall be Feearded for the offiee lets within th Oaks South Subdivision in aceordwith T DG 11 3^ 2 6. COMPLIANCE PERIOD.-_This Agreement must be fully executed and recorded within two(2)years after the date of the Findings for the anae* +ie and win or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner-Developer, or Owner's Developer"s heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of OwneE Developer"s default of this Agreement,Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days; provided, however, that in the case of any DEVELOPMENT AGREEMENT-5 15788365 2.docx Page 23 Item#3. such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Ow*er4Developer that is not cured after notice as described in Section 7.2,Ov x%e Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the Pronertv's zoning designations described herein, solely against the offending portion of Property and upon City='s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include,without limitation,acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver.A waiver by City of any default by Owner-Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owffer4 ,eveloper shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer"s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Ow*erTT`Leveloper, prior to the third reading of the Meridian Zoning Ordinance in connection with the re- zoning of the Property by the City Council. If for any reason after such recordation;the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement.The parties further agree to record all releases required to remove the Original Development Agreement from title to the Pro e 10. ZONING: City shall,if necessarv.following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may-alse require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under Meridian City Code § 11-5-C, to insofeensure that installation of the improvements, which the Ow*er/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY:No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed,and accepted by the City. DEVELOPMENT AGREEMENT-6 15788365 2.docx Page 24 Item#3. 13. ABIDE BY ALL CITY ORDINANCES: That l)eveloper ea�rees to abide by all ordinances of the City of Meridian., and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Faet and r nehis ons of raw,this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail, registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, idahe 83642 Coleman Homes, 3 103 W.Sheryl Drive, Suite inn Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Toll Southwest,LLC 3103 W. Sheryl Drive, Suite 100 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties!' respective heirs, successors, assigns and personal representatives, including DEVELOPMENT AGREEMENT-7 15788365 2.docx Page 25 Item#3. City='s corporate authorities and their successors in office. This Agreement shall be binding on the Owner4Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owne Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determ„ determines that Ow*er�Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between OwfferTDeveloper and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owne Developer and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Couneil shall adopt the amendment to the Meridian Zoning Or-dinanee in eenneetion wi the annexation and zoning of the Property and exeeution of the Mayor and City Cie (il the parties have mutually executed this Agreement: and(ii)this Agreement is recorded in the real property records of Ada County. Idaho. fend of text: signatures, acknowledgements. and Exhibits A.B and C followl DEVELOPMENT AGREEMENT-8 15788365 2.docx Page 26 Item#3. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agree extA Bement and made it effective as hereinabove provided. OsA qERJDEVELOPER: Coleman Homes,LLC Toll Southwest LLC.a Delaware limited liability company. By: Its: CITY OF MERIDIAN ATTEST: By: Mayor T.,,v.my de Weer-a ATTEST: ayeee L. Robert E. Simison Chris Johnson, City Clerk STATE OF 1D A 40 1 ss: County of Ada- ) On this 15 day of April,,20f42021,before me,the undersigned, a Notary Public in and for said State, personally appeared Thomas Coleman-,,known or identified to me to be the Pr-esi eat'Owaet: of Coleman Homes, of Toll Southwest LLC,a Delaware limited liability company,and the person who signed above and acknowledged to me that he executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for 1dahe Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-9 15788365 2.docx Page 27 Item#3. STATE OF IDAHO ) : ss. County of Ada ) On this 22"d day of April,,20� 42021,before me,the„ der-si.aea,a Notary Public na f r -a:a St e, personally appeared Tammy de Weer-d and Jayee e T . uo'ffffiaRobert E. Simison and Chris Johnson,knowknown or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument enof behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My- Commission€xpiresex ires: DEVELOPMENT AGREEMENT-10 15788365 2.docx Page 28 w IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1950: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining To Landscape and Common Open Space and Site Amenity Requirements in Chapter 3, Multi-Family Common Open Space Design Requirements in Chapter 4; and Various Other Amendments to Chapters 1-5 and 7; Providing for a Waiver of the Reading Rules, and Providing an Effective Date CITY OF MERIDIAN ORDINANCE NO. 21-1950 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREALT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING TO LANDSCAPE AND COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS IN CHAPTER 3; MULTI FAMILY COMMON OPEN SPACE DESIGN REQUIREMENTS IN CHAPTER 4; AND VARIOUS OTHER AMENDMENTS TO CHAPTERS 1-5 AND 7; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-1A-1 Unified Development Code, be amended to include a definition"Dismantled Vehicle" of follows: DISMANTLED VEHICLE: Any vehicle, or parts thereof, which: 1. Cannot be safely operated under its own power; 2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders; 3. Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or is otherwise in a wrecked, inoperative, or dilapidated condition. Section 2. That Meridian City Code Section 11-1A-1 Unified Development Code, be amended to include a definition"Vehicle Wrecking or Junk Yard" of follows: VEHICLE WRECKING OR JUNK YARD. Any area, lot, land, or parcel where two (2) or more vehicles without current registration or two (2) or more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code § 40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition. agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. SEPTEMBER,2021 UPDATE PAGE 1 OF 47 UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2021-0002 Section 3. That Meridian City Code Section 11-3C-4A.2, Unified Development Code, be amended as follows: plates assigned to thevehiele with eurrent registFation may be parked in the FequiFed stFeet yard. without lieense plates, r-eeFeatianal vehieles, peFsenal recFeational items, beats, txaileFs and/or- other-vehieles shall only be parked in the rear- of side yard and shall be ser-eened by a solid fenee, (6) feet i height 2. Types of vehicles; location of parking. a. Street yard. The following vehicles may be parked in the street yard: (1) Automobiles and motorcycles displaying license plates assigned to the vehicle with current registration; and (2) One (1) other vehicle, which may include a recreational vehicle or trailer displaying license plates assigned to the vehicle with current registration, or one (1)boat, off- highway vehicle, or specialty off-highway vehicle. Vehicles with a gross vehicle weight rating of 16,000 pounds or more shall not be parked in the street yard. Vehicles parked in the street yard shall not encroach upon any sidewalk or public right-of-way. b. Side yard, unscreened. If no recreational vehicle, personal recreational item, boat, or trailer is parked in the street yard, one (1) of the following vehicles may be parked in a side yard that is not screened by a solid fence: a recreational vehicle, personal recreational item, boat, or trailer. c. Rear or side yard. Except as otherwise allowed by this section, the following vehicles shall be parked in the rear or side yard and shall be screened by a solid fence, six (6) feet in hem (1) Vehicles other than automobiles and motorcycles.- (2) Vehicles without current registration; and/or (3) Vehicles without license plates assigned to the vehicle. Section 4. That Meridian City Code Section 11-3C-4B,Unified Development Code,be amended as follows: B. Improvements. ' Except as allowed in subseetion (B)(2) of this seetion, '�Off street parking areas in the street yard and driveways into and through a parking area in the street yard shall be improved with a compacted gravel base, not less than four(4) inches thick, surfaced with concrete or asphaltic pavement. No person shall park, or allow to be parked, aM vehicle in the required street yard on any surface other than compacted gravel base, not less than four (4) inches thick, surfaced with concrete or asphaltic pavement. 2. Where the paFking afea is ser-eened by a solid fenee, six (6) feet in height, the off street par-king areas and driveways shall be improved with a dustless matef-ial, ifteludifig, but not SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 2 OF 47 Item#4. ehemieally tfeated every thFee (3) months to Femain dustless. Sueh sifffaee will only be Section 5. That Meridian City Code Section 11-2A-3E, Unified Development Code, be amended as follows: 4. Notwithstanding other height limitations as set forth in this chapter, the maximum height for education facilities shall be fi�eft�-feet(540') Section 6. That Meridian City Code Section 11-213-2 Table, Unified Development Code, be amended as follows: Use FCN C-C FcG FLO M-E WE Hospital1 FT FF 1 = P Section 7. That Meridian City Code Section 11-3A-5,Unified Development Code, be amended as follows: "Bikeways shall be constructed in accord with the city's comprehensive plan and the Ada County highway district master street map and Roadways to Bikeways Master Plan." Section 8. That Meridian City Code Section 113A-7C.2c,Unified Development Code, be amended as follows: "Except where fences and walls are used as decorative landscape elements or as noise abatement, fences and walls are permitted only on the interior edge of the street buffer." Section 9. That Meridian City Code Section 11-313-14C, Unified Development Code, be amended as follows: C. Extension Of Time For Installation: 1. Non-Residential: The building effie a , upon r-eeenunendation ofthe director, may recommend issueance of a der—certificate of occupancy for non-residential projects fora specified time period, not to exceed one hundred eighty(180) days when: 1a. Due to inclement weather or other extenuating circumstances, the landscaping or other required site amenities cannot be completed_ -2b. The applicant has provided surety to the city for the required improvements consistent with the provisions of chapter 5, article C, "Surety Agreements", of this title. 2. Residential: The director, may recommend issueance of a certificate of occupancy for residential dwelling when: 1a. Due to inclement weather or other extenuating circumstances, the landscaping or other required site amenities cannot be completed.--and -2b. The applicant has provided surety to the city for the required improvements consistent with the provisions of chapter 5, article C, "Surety Agreements", of this title. c. Within ninety(90) days of the first certificate of occupancy being issued, all required landscaping irrigation systems and site features shall be installed, or additional certificate of occupancies will be withheld. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 3 OF 47 Page 32 Item#4. Section 10. That Meridian City Code Section 11-3C-6 Table, Unified Development Code,be amended as follows: Studio 1 per dwelling unit 1 1.5 per dwelling unit; at least 1 in a covered carport or garage 2/3 2 per dwelling unit; at least 1 in a covered carport Dwelling,multi-family' (triplex, fourplex, or garage apartments, etc.) 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Guest 1 per 10 dwelling units W ces Section 11. That Meridian City Code Section 11-4-3-18, Unified Development Code,be amended as follows: A. Office and/or retail showroom areas shall comprise a minimum of thirty percent (30%) of the structure and/or tenant space. B. Light industry and warehousing shall not comprise more than seventy percent(70%) of the tenant space. C. In the C-C, C-G and M-E Districts, roll-up doors and loading- docks ocks shall not be visible from a public street. zxeet in the 1 L anmDrst-Ficts, leading eeks are prohibited. DE. Retail use shall not exceed twenty five percent(25%) of leasable area in any tenant space Section 12. That Meridian City Code Section 11-4-3-43C.8, Unified Development Code, be amended as follows: Lattice or guyed designed structures are prohibited unless approved through the conditional use process. Section 13. That Meridian City Code Section 11-5A-6D,Unified Development Code,be amended as follows: D. Posting Of Public Hearing Notice: 1. Required: All appheants applications requiring a public hearing shall be posted on the subject property, except posting is not required for a unified development code text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the city, and/or short plat. 2. Time Frame: Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein,posting of the property must be in substantial compliance with the following requirements: SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 4 OF 47 Page 33 Item#4. (Keep Exhibit) 3. Sign Placement: The signs shall be posted securely on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right of way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right of way if the .,....'"ant a obtain*'^� consent of the owner of the right of way can be obtained. In circumstances where placing signs per the standards listed herein is not practical the applieant may request a director's dete ,v,;,,., to may identify an alternative sign placement strategy. 4. Proof Of Posting: The rrl:,an4 shall submit aA notarized statement, map depicting the location(s) of the sian(s) and a photograph of the posting shall be provided to the city no later than seven(7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless certificate is received by such date, the hearing will be continued. 5. Sign Removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. Section 14. That Meridian City Code Section 11-5A-6G,Unified Development Code, be amended as follows: 8. If revised plans are required by director, commission or council, the applicant shall provide those 15 days prior to the scheduled hearing for review and approval. If plans are not received within the established timeframe, the project may slbe continued to extend the review period. Section 15. That Meridian City Code Section I I-5C,Unified Development Code, be amended as follows: 11-5C-1: PURPOSE: The purpose of this article is to establish procedures that guarantee the completion of improvements where City Engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the City have not been completed. (Ord. 11-1487, 8-9- 2011, eff. 1-1-2012) 11-5C-2: APPLICABILITY: The provisions of this article shall apply to those improvements that are not needed to protect the public health, safety and life (including, but not limited to: landscaping, fencing, pressurized irrigation systems and site amenities) and those improvements that are needed to protect the public health, safety and life (including,but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving). (Ord. 11-1487, 8-9-2011, eff. 1-1-2012) 11-5C-3: PROCESS: A. The City may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 5 OF 47 Page 34 Item#4. structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. Where approved by the City Engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving in order to obtain City Engineer signature on the final plat. The estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent(20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by City Council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, amenities, pressurized irrigation, pathways and fencing, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The estimated cost for landseape and f,,,ing sureties shall be provided by the applicant and reviewed and approved by the Director. The amount of surety called for shall be established by City Council resolution. D. Where a stirety is aeeepted for nonlife, nonsafety and nenhealth improvemeiiAs by the City and deposited as provided by this ar-tiele, the City may release temper-ar-y eeetipaney of a stpdetur-e or- DE. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the City of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the City of Meridian. EF. Where a surety is accepted by the City and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the City to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The City Engineer and/or Director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the City at the end of the warranty period. The as built plans shall be reviewed and approved by the City Engineer or Director. 3. Upon certification of the City Engineer and/or the Director, the City shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. FF. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 6 OF 47 Page 35 Item#4. Section 16. That Meridian City Code Section 11-7-4C.3, Unified Development Code, be amended as follows: Density Fefffmla. Resideatial density in a planned developaien4 shall be ealeulated b multiplying the net residential area(gross aer-eage less the area of nonresidential uses)by the maximum number of dwelling units peF aeFe aflowed feF the distfiet in which the site is located. Section 17. That Meridian City Code Section 11-3B-1 through 11-3B-14, Unified Development Code,be amended as follows: ARTICLE B. LANDSCAPING REQUIREMENTS SECTION: 11-3B-1: Purpose 11-3B-2: Applicability 11-3B-3: Application Requirements 11-3B-4: Application Process 11-3B-5: Standards And Installation 11-3B-6: Irrigation Standards 11-3B-7: Landscape Buffers Along Streets 11-3B-8: Parking Lot Landscaping 11-3B-9: Landscape Buffers To Adjoining Uses 11-3B-10: Tree Preservation 11-3B-11: Stormwater Integration 11-3B-12: Pathway Landscaping 11-3B-13: Landscape Maintenance 11-3B-14: Installation 11-3B-1: PURPOSE: A. The regulations of this article are intended to promote landscaping in the city of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) B. The city of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, high quality landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air, water and noise pollution. (Ord. 16-1717, 1-3-2017) C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of city residents to live, work, shop, and recreate in pleasant, healthy, sustainable, and attractive surroundings. D. The City recognizes that surface irrigation water is not available everywhere, that seasonal availability fluctuates, and that highly treated potable water is expensive and less desirable for landscaping. These regulations are intended to encourage the use of water conserving landscape designs and low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of lawn or turf. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 7 OF 47 Page 36 Item#4. E. These regulations are intended to assist in the implementation of CPTED (crime prevention through environmental design) strategies to reduce the opportunities of fear and incidence of crime and improve the quality of life. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) 11-3B-2: APPLICABILITY: A landscape plan shall be required for the following: A. All development, redevelopment, additions, or site modifications except detached single- family and secondary dwellings. B. All common lots in all subdivisions. C. All applications for a conditional use permit(CUP), preliminary plat(PP), final plat (FP), certificate of zoning compliance (CZC), administrative design review (DES), or planned unit development(PUD). (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009) D. Applicability of additions to existing structures: Existing development shall be required to conform to this article based upon the following guidelines: 1. For additions less than twenty five percent(25%) of the existing structure or developed area, no additional landscaping shall be required except for buffers to adjacent residential uses. 2. For additions that are twenty five percent (25%) to fifty percent(50%) of the existing structure or developed area,perimeter and right of way landscaping as required by this article shall be installed. 3. For additions greater than fifty percent(50%) of the existing structure or developed area, all current landscape standards of this article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create nonconformity,the director shall determine how this article is to be applied through the alternative compliance process in accord with chapter 5, "Administration", of this title. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11-3B-3: APPLICATION REQUIREMENTS: A. All landscape plans shall comply with the requirements for size, scale, number of copies, and contents as detailed in the application form. B. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc. C. The landscape plan shall depict all ground level mechanical equipment areas and include details for vertical screening. ED. All landscape plans shall be prepared by a landscape architect, landscape designer, or qualified nurseryman. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11-3B-4: APPLICATION PROCESS: A. Preliminary Landscape Plan Review: A preliminary landscape plan review is recommended prior to submission for all developments, but is not required. B. Landscape Plan Review: A landscape plan will be reviewed in accord with the standards and procedures set forth in this article and approved by the department. C. Landscape Plan Modification: 1. An approved landscape plan shall not be altered without prior approval of the Planning Department. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 8 OF 47 Page 37 Item#4. 2. No significant field changes to the plan are permitted. 3. Prior written approval of all material changes is required. 4. All approved changes to the landscape plan shall be documented prior to issuance of a certificate of occupancy. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11-311-5: STANDARDS AND INSTALLATION: A. Approved Tree Species: 1. The publication titled "Treasure Valley Tree Selection Guide" is hereby adopted by this reference as the City of Meridian's list of approved and prohibited tree species, except for following Arborists Revised List of trees, .,re disallowed in M er-i is Nithoutwith written approval lyfrom the City's arborist. The publication categorizes the trees by size as Class I, Class II, or Class III trees. • Acer- Maples o campestre-Hedge Maple o ginnala-Amur Maple o glabrum-Rocky Mountain Maple o grandidentatum- Bigtooth Maple - Highland Park, Mesa Glow, Rocky Mountain Glow o griseum-Paperbark Maple o miyabei-Miyabei Maple Rugged Ridge Maple, State Street Maple o negundo- Boxelder `Sensation' o pseudoplatanus- Sycamore Maple o saccharum- Sugar Maple o truncatum- Shantung Maple o truncatum x platanoides (hybrids) Crimson Sunset, Pacific Sunset, Urban Sunset • Aesculus- Buckeye/Horsechestnut o glabra- Ohio Buckeye o flava-Yellow Buckeye o hippocastanum-Horsechestnut • Alnus-Alders o glutinosa- Common Alder o cordata- Italian Alder o spaethii- Spaeth's Alder • Amelanchier- Serviceberry o arborea-Downy Serviceberly o alnifolia- Saskatoon Serviceberry o X grandiflora-Autumn Brilliance ServiceberrX • Betula- Birch o nigra-River Birch SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 9 OF 47 Page 38 Item#4. • CgMinus-Hornbeam o betulus-European Hornbeam o caroliniana-American Hornbeam • Catalpa-Northern Catalpa o speciosa-Northern Catalpa • Celtis- Hackberry 0 occidentalis- Common Hackberry o reticulata-Netleaf Hackbegy • Cercidiphyllum-Katsura o Japonicum • Cercis-Redbud o canadensis- Eastern Redbud 0 occidentalis-Western redbud • Chionanthus- Frinize Tree o retusus- Chinese Fringe Tree o virgincus- White Fringe Tree • Cladrastis-Yellowwood o kentuckea-American Yellowwood o lutea- (now synonymous with kentuckea) • Cornus-Dogwood o florida- Flowering Dogwood o kousa-Kousa Dogwood o mas- Corneliancherry- `Saffron Sentinel', `Golden Glom • CoD lus- Filbert o americana- American Filbert o avellana- European Filbert o colurna- Turkish Filbert • Cotinus- Smoke Tree o coggygria- Common Smoketree 0 obovatus-American Smoketree • Crataegus-Hawthorn o crusgalli-Cockspur Hawthorn o douglasii- Douglas Hawthorn SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 10 OF 47 Page 39 Item#4. o laevigata- English Hawthorn o X lavallei- Lavalle Hawthorn o phaenopyrum-Washington Hawthorn o viridis- Green Hawthorn `Winter King' • Diospyros- Persimmon o virginiana- Common Persimmon • Fagus- Beech o sylvatica-European/Common Beech • Fraxinus-Ash • Ginkgo o Biloba(Magyar, Autumn Gold,Princeton Sentry) • Gleditsia-Honey locust o triacanthos var. inermis- Thornless Common Honey locust • Gymnocladus-Kentucky Coffee Tree o dioicus- ('Espresso' is a seedless variety) • Juglans- Walnut o nigra-Black Walnut o regia- Common English Walnut • Koelreuteria- Goldenraintree o paniculata- Goldenraintree • Liquidambar- Sweetgum o styraciflua-American Sweetgum • Liriodendron tulipifera- Tulip Tree • Maackia amurensis-Amur Maackia • Maclura pomifera- Osage Orange • Ma ng olia- o acuminate- Cucumber Magnolia o grandifolia- Evergreen Ma ng olia o X soulangiana- Saucer Magnolia o stellata- Star Magnolia SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 11 OF 47 Page 40 Item#4. • Malus s]2p. Flowerin• Cg rabWple • Metasequoia glyptostroboides-Dawn Redwood • Morus alba- White/Common Mulberry • Nyssa sylvatica- Black Tupelo • Ostrya virginiana- American Hophornbeam/Ironwood • Parrotia persica- Persian Parrotia • Phellodendron amurense-Amur Corktree • Platanus- Sycamore/Planetree o x acerifolia- London Planetree 0 occidentalis-American Planetree/Sycamore • Populus- Cottonwood/Poplar o alba- White/Silver-leaved Poplar o angustifolia o balsamifera- Balsam Poplar o deltoides-Eastern Cottonwood o nigra `italica'- Lombardy Poplar o trichocarpa o x canadensis- Carolina Poplar • Prunus- Plum, Cherry, Chokecherry, Peaches, Almonds, Apricots o cerasifera- Cherry Plum (recommended variety=Krauter Vesuvius) o padus- Common Birdcherry o serotina- Black Cherry o serrulata- Flowering Cherry o virginiana- Chokecherry(Canada Red, Schubert) • Pyrus- Flowering Pear o Callers • Quercus- Oak o acutissima- Sawtooth Oak pH sensitive o alba-White Oak pH sensitive o bicolor- Swamp White Oak o imbricaria- Shingle_ Oak o macrocarpa- Bur Oak o muehlenbergii- Chinkapin Oak SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 12 OF 47 Page 41 Item#4. o nutallii-Nuttall Oak o prinus- Chestnut Oak o robur- English Oak o rubra-Northern Red Oak o shumardii- Shumard Oak • Rhus typhina- Staghorn Sumac • Robinia pseudoacacia- Black Locust • Salix-Willow • Sophora japonica- Pagodatree (styphnolobium japonicum) • Syringa reticulata- Japanese Tree Lilac `Ivory Silk' • Tilia- Linden o americana- American Linden/Basswood o cordata- Littleleaf Linden o tomentosa- Silver Linden • Ulmus-Elm o americana- American Elm • japonica x wilsoniana `Morton' AccoladeTM Elm o japonica x pumila— 'New Horizon' Elm o `Morton Glossy' —TriumphTM Elm o parvifolia- Chinese Elm Bosque o procera-English Elm o propinqua-Emerald Sunshine®Elm o wilsoniana— `Prospector' Prospector Elm • Zelkova serrata- Zelkova (Village Green, Green Vase, Wireless] Conifers • Abies-Fir o Concolor White/Concolor Fir • Calocedrus decurrens California Incense Cedar • Cedrus True Cedar o atlantica o deodara • Chamaecyparis lawsoniana Lawson's Cypress SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 13 OF 47 Page 42 Item#4. • Cupressus nootkatensis-Alaskan Cedar • Juniperus- Juniper o Communis- Common Juniper o Occidentalis-Western Juniper o Osteosperma-Utah Juniper o Scopulorum-Rocky Mountain Juniper • Picea- Spruce o abies-Norway Spruce o glauca-White Spruce var densata Black Hills Spruce o pungens Colorado Spruce glauca Colorado Blue Spruce • Pinus-Pine o Aristata Bristlecone Pine o Contorta/latifolia- Lodgepole Pine o Densiflora umbraculifera Tanyosho Pine o Flexilis Limber Pine `Vanderwolf's Pyramid' o Heldrechii/leucodermis Bosnian Pine o Mho (standard) o Nigra Austrian Pine o Ponderosa- Ponderosa Pine o Strobifonnis o Strobus o Sylvestris- Scotch Pine • Pseudotsuga menziesii Douglas • Sequoiadendron giganteum Giant Sequoia • Taxodium distichum Bald Cypress • Thuja plicata Western Red Cedar, occidentalis Arborvitae/White Cedar (Ord. 19-1833, 7-9-2019) 2. In addition to the trees identified above, the trees listed in the Park's and Recreation Water Conserving Tree ree Species listtable 1�� 5 1 of this s4see io lists approved water-Eefiselwing+fee ems. TABLE 11 3B-5-1 APPROVED WATER CONSERVING TREE SPECIES Commen Name Betanieal Name SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 14 OF 47 Page 43 Item#4. De ;a„ Hedge maple Amur mapi-e Big tooth map�e Box elde A, fiegunde Nofway ma* ed btt Ger-eis eanado nsis Gfeen ash Haney leetis+ Sweetgtiiii SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 15 OF 47 Page 44 Item#4. Gf:abapple Males spp Dl t.mds . aeer-ifeli chokeeheffy But:oak 1 Saphefajapeniea conifeF: Ge&ds atianti^^�� gl Utah juniper- SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 16 OF 47 Page 45 Item#4. p' Pif f e ;1; Pifms ponder-es Ceet 1. pifiet Note: other-speeies not listed in these piabliepAiens. Gepies eft-he p4heations will be available a4 the planning epaftmen+ (Or- 1 1 14 9Z�2n�off9 12 201 1l Acer Maples • campestre-HedgeMaple • ginnala-Amur Maple • glabrum-Rocky Mountain Maple • grndidentatum-Bigtooth Maple • griseum-Paperbark Maple • miyabei-Miyabei Maple • truncatum x platanoides- Shantung Maple Hybrids Amelanchier Serviceberry • x grandiflora `Autumn Brilliance Servicebeny Carpinus Hornbeam • betulus-European Hornbeam • caroliniana-American Hornbeam Catalpa • speciosa-Northern Catalpa Celtis Hackberry • occidentalis Common Hackberry Cercis Redbud • canadensis-Eastern Redbud • occidentalis-Western Redbud SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2021-0002 PAGE 17 OF 47 Page 46 Item#4. Cladrastis Yellowwood • kentuckea/lutea-American Yellowwood Corpus (Dogwood) • mas- Corneliancherry Cotinus Smoke Tree • coggygria- Common Smoketree • obovatus-American Smoketree Crataegus Hawthorn • crusgalli- Cockspur Hawthorn • douglasii- Douglas Hawthorn • phaenopyrum-Washington Hawthorn • viridis- Green Hawthorn `Winter King' Gleditsia Honey locust • triacanthos var inermis- Thornless Common Honey locust • `Suncole'- Sunburst Hone,. lowprohibited in ROW Street Tree Planting Gymnocladus • dioicus-Kentucky Coffee Tree Maackia • amurensis-Amur Maackia Maclura • pomifera- Osage Orange Ostrya • virginiana- American Hophornbeam/Ironwood Parrotia • persica- Persian Parrotia Platanus • x acerifolia- London Planetree • occidentalis-American Planetree/Sycamore Prunus • virginiana- Chokecherry Pyrus • calleryana- Ornamental Flowering Pear Quercus Oaks • imbricaria- Shingle_ Oak • macrocarpa- Bur Oak • muehlenbergii- Chinkapin Oak SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 18 OF 47 Page 47 Item#4. • rubra-Northern Red Oak Saphora japonica AKA Styphnolobium iapaonicum Japanese Pagoda Tree Tilia Linden • tomentosa- Silver Linden Ulmus-Elm Hybrids Conifers Calocedrus decurrens- Incense Cedar Cedrus atlantica `Glauca'- Blue Atlas Cedar Chamaecyparis lawsoniana- Lawson's Cypress Cupressus nootkatensis-Alaskan Cedar Juniperus • communis- Common Juniper • occidentalis-Western Juniper • osteosperma- Utah Juniper • scopulorum- Rocky Mountain Juniper Picea Spruce • abies-Norway Spruce • glauca- White Spruce & Black Hills Spruce • pungens- Colorado Spruce Pinus Pines • aristate- Bristlecone Pine • contorta/latifolia- Lodg�epole Pine • flexilis-Limber Pine Including `Vanderwolf's P, r • heldrechii/leucodermis • nigra-Austrian Pine • ponderosa-Ponderosa Pine • strobiformis- Southwestern White Pine • sylvestris- Scotch Pine Pseudotsuga menziesii- Douglas Fir Thuja plicata- Western Red Cedar B. Minimum Plant Sizes: The following are minimum plant sizes for all required landscape areas: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) TABLE 11-3B-5-2 MINIMUM PLANT SIZES Type Of Tree Minimum Size Evergreen trees 6 foot height minimum Ornamental trees 2 inch caliper minimum SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 19 OF 47 Page 48 Item#4. Shade trees 2 inch caliper minimum Woody shrubs 2 gallon pot minimum (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 11-1493, 9-6-2011, eff. 9-12-2011) C. Prohibited Plant Material: The plants listed in Treasure Valley Tree Guide, under trees not permitted for rights of way property planting, and those in the Arborists Revised List, are prohibited from being planted along any street or within any parking lot regulated by this article. The only exception is that conifers (not otherwise prohibited)may be planted in the center of street buffers that have a minimum width of twenty feet (20') as measured from the edge of the sidewalk to the street curb. For public safety purposes, the location of such conifers shall maintain view corridors of nonresidential structures. D. Tree Species Mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this article (including street trees, street buffers,parking lot landscaping and other landscape guidelines), a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. See the table below: (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) TABLE 11-3B-5-3 REQUIRED NUMBER OF TREES AND SPECIES Required Number Of Trees Minimum Number Of Species 5 to 10 2 11 to 30 3 31 to 50 4 More than 50 5 (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 11-1493, 9-6-2011, eff. 9-12-2011) E. Plant Quality: All plant material installed pursuant to this article shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, "American Standard For Nursery Stock". F. Planting Standards: All trees, shrubs, and other plant material shall be planted in appropriate soil medium and using accepted nursery standards as published by the A,ner-iea A sseeiati,,, n� including hole size, backfilling, and fertilization-.,or as detailed by a certified Landscape Architect or qualified arborist. G. Staking: Tree staking is not required but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within twelve (12)months to prevent damage to the tree. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb, concrete mow strip, or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants. Within stormwater facilities, mulch may not float. (Ord. 16-1717, 1-3-2017) SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 20 OF 47 Page 49 Item#4. I. Curbing: All planting areas that border driveways,parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices. Such devices shall be a minimum of thirty inches (30") from all tree trunks to prevent cars from damaging tree trunks. J. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees: 1. Overhead Utilities: Only class I trees in the recommended plant list may be planted under or within ten(10) lateral feet of any overhead utility wires. 2. Underground Utilities: All trees shall be planted outside of any easement that contains a city water or sewer main,unless written approval is obtained from the city engineer. If any utility easement precludes trees required by this article, the width of the required buffer shall be increased to accommodate the required trees. 3. Trenching: New underground utilities shall stay outside of the drip line of existing trees if trenched, or be tunneled a minimum of three feet(3')below existing grade within the tree's drip line. The guiding principle is that no root two inches (2") or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the city's ability to access existing utilities for repair and maintenance. K. Erosion Control: The landscape installation shall stabilize all soil and slopes. L. Berms: Berm slopes shall not exceed two three to one (�3:1) (horizontal:vertical). Three to one (3:1) maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than three to one (3:1). (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) M. Screening: Where screening is required in this article and/or this title, chainlink fencing with or without slats does not qualify as a screening material. (Ord. 06-1241, 7-5-2006, eff. 7-15-2006) N. Vegetation Coverage: Required landscape areas shall be at least seventy percent(70%) covered with vegetation at maturity, with mulch used under and around the plants..-, or alternatively, meet the standards for Water Conserving Design below. An exeeption may be approved by the plants,dir-eeter-for-water-eenseiwing designs that meet both the following standa 1. The design ineer-per-ates a variety of wate- tfees as set forth in table 11 3B 5 1 of this seetion, water-eenserving > materials sueh-as pavers and flagstones; and 2. Required landseape areas shall be at least fet4y per-eent 0 fnatufit-y. O. Water Conserving Design: To qualify for the exceptions for water conserving designs as set forth in this chapter, the applicant shall demonstrate the following: 1. The design includes water conserving trees as Jetferrth in table i i�-r of this section use of native or drought resistant shrubs, perennials or ornamental grasses, water conserving plants, boulders, rocks, decorative walls and/or permeable hadscape materials such as pavers and flagstones, and that are visually distinct(size, texture, or color) and clearly visible from the adjacent travel roadway or drive aisle. 2. The design includes plants that can thrive in climates with approximately ten (10) to twelve inches (12") of annual rainfall. 3. Lawn and turf areas shall not comprise more than fifty percent(50%) of the total landscaped areas and shall consist of water conserving grasses, including,but not limited to,buffalo grass, blue gamma grass, compact fescue,zerilXerilawn, turf type tall fescue and/or rhyzomotuous tall fescue. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 21 OF 47 Page 50 Item#4. 4. Herbaceous and/or perennial ground cover shall be drought tolerant and able to withstand dry conditions once established. As a guide, refer to the recommended plants in the city of Boise parks and recreation "Water Conservation Guidelines". (Ord. 11-1493, 9-6-2011, eff. 9-12-2011) 5. Excluding lawn and turf, no area larger than (375) square feet may be covered by a single ground cover material without additional hardscape or design feature of no less than(125)square feet. 6. Required landscape areas shall be at least forty percent (40%) covered with vegetation at maturity. P. Safety: 1. Landscaping shall be designed and installed in such a way as to provide natural surveillance opportunities from public areas and not create hiding places or blind spots. 2. Shrubs and plant material installed in close proximity to windows and entryways should be limited in size and be of slow growing varieties to prevent overgrowth and concealment of windows and entryways creating opportunities for crime. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) 11-311-6: IRRIGATION STANDARDS: A. Irrigation Required: All landscape areas regulated by this article shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in section 9-1-28, "Pressurized Irrigation System", of this code. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) B. Performance Specifications: 1. Coverage: The irrigation system shall be designed to provide one hundred percent(100%) coverage within lawn areas with head to head spacing or triangular spacing as appropriate or point to point(drip) at each plant or planting area. 2. Matched Precipitation Rates: Sprinkler heads shall have matched precipitation rates within each control valve circuit. 3. Irrigation Hydrozones: Sprinkler heads irrigating lawn or other high water demand areas shall be circuited so that they are on a separate hydrozone from those irrigating trees, shrubs, or other reduced water demand areas. 4. Overspray: Sprinkler heads shall be installed and adjusted to reduce overspray onto impervious surfaces such as streets, sidewalks, driveways, and parking areas. (Ord. 11-1493, 9-6- 2011, eff. 9-12-2011) C. Backflow Prevention: Provide an appropriate backflow prevention device as required by title 9, chapter 3, "Cross Connection Control", of this code. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) D. Nonpotable Water: Use of nonpotable irrigation and/or reuse water is required when determined to be available by the city public works department as set forth in section 9-1-28, "Pressurized Irrigation System", of this code; reuse water may not be used for stormwater facilities. Water availability during the fall and spring seasons is also required by connecting to city potable water, city reuse water, and/or an on site well as a secondary source. An exception may be approved for water conserving designs as set forth in subsection 11-3B-50 of this article. In such cases, the requirement for a secondary source may be waived by the director. If city potable water is used, a separate water meter is required. (Ord. 16-1717, 1-3-2017) E. Subdivision Irrigation Systems: If a pressurized irrigation pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station. Said lot SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 22 OF 47 Page 51 Item#4. shall be owned by the entity that owns and maintains the pressurized irrigation system. (Ord. 07- 1325, 7-10-2007) 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS: A. Purpose: The intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the comprehensive plan policies related to promoting attractive street(s) and street beautification. B. Applicability: Landscape buffers shall be required along streets in all locations, except for local streets adjacent to single family residential, duple*, and tewi+ euse residential properties. C. Standards: Standards for landscape buffers along streets shall be as follows: 1. Buffer Size: See chapter 2, "District Regulations", of this title. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) a. Measurement: (1) All street buffers with attached sidewalks shall be measured from the back of sidewalk. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate sidewalk location as anticipated by ACHD. (2) All street buffers with detached sidewalks shall be measured from the back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet(4)to back of curb. (Ord. 07-1325, 7-10- 2007) b. Easements: Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five foot (5') wide area for planting shrubs and trees. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) c. Width Reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the alternative compliance process in accord with chapter 5, "Administration", of this title. The request shall demonstrate evidence of the unique hardship caused by the required street buffer and propose a specific alternative landscape plan that meets or exceeds the intent of the required buffer. In no case shall the width be reduced to less than ten percent(10%) of the depth of the lot, except in the Old Town district. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 2. Buffer Location: Landscape buffers along streets shall be located at all subdivision boundaries. a. All residential subdivision street buffers shall be on a common lot, maintained by a homeowners' association. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) b. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association. (Ord. 07-1325, 7-10-2007) c. Except where fences and walls are used as decorative landscape elements, fences and walls are permitted only on the interior edge of the street buffer. 3. Buffer Landscaping Materials: SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 23 OF 47 Page 52 Item#4. a. All required landscape buffers along streets shall be designed and planted with a variety of trees afi4, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design sheuWall elicit design principles including rhythm, repetition, balance, and focal elements. b. The minimum density of one tree per thirty five (35) linear feet is required. At least 35% of qualifying trees must provide urban canopy at maturity, and at least 25% of qualifying trees must be Class 2 selections, unless it can be shown that utility conflicts prohibit installation of Class 2 trees. i 4ht sAll calculation results in a fraction of five (5) or greater, round up to an additional tree. 44hisAll calculation results in a fraction less than five (5), round the number down. c. Large shrubs, hedges and conifers should be used sparingly and in clusters that are well integrated with the landscape design. Such plants shall not screen or create a public safety hazard. d. Where street trees are within a parkway, they shall be centered within the parkway planter. Where street trees are not within a parkway, they shall be offset a minimum of five feet(5') from the edge of sidewalk. e. Lawn and other grasses requiring regular mowing shall comprise no more than 65% of the vegetated coverage of a landscape buffer. This maximum area excludes landscaped parkway trees. All other vegetated coverage shall be mulched and treated as planting area for shrubs or other vegetative cover. Areas along required walls and closed vision fences should generally be reserved for planting beds with a minimum of one shrub per seven lineal feet of frontage, as demonstrated in Figure 1. £ Entryway Corridors: along all entryway corridors, additional landscape design features shall be provided within landscape buffers. Features may include berms of no less than(4:1,) slope to at a 3-foot minimum height, decorative landscape walls (no greater than 3-feet in height), decorative open vision fencing(no greater than 4-feet in height), or design elements with a similar level of effort(Example: a dry creek design with river rock, boulders, etc.). Detached sidewalks within landscaped buffers are required along entry corridors, unless curb, gutter and sidewalk already exist. g. In conditions with reduced landscape buffers, additional design elements shall be required including reduced turf area, increased mulched planting area and increased plant diversity, and additional vertical design features such as decorative landscape retaining walls (no greater than 3- feet in height). 4. Tree Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. Landscape designs should consider tree placement location, spacing, and clumping to avoid conflicts with wayfinding and business identification signs. However, trees shall be spaced no closer than eighty percent(80%) of the average mature width of the trees, as demonstrated in Figure 2.the following examples: SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 24 OF 47 Page 53 Item#4. FIGURE 1 T—f MafcWPVo�'r�eed -Prvate Oevefopnant^ tl 21 -Public Street_ Curb&4keeer Attacked Sidewafk MuIcWPlnr1'ng bad - �Private oevelepmant- `\ F 2c r L TurF ^Public Street Detackrd sidewalk Curb&a.a., MulcWPlantind Bed -Pri.ta Devslopment w IS --Public$beef —turf L attacked Sidewalk wnduape aetarn%ry wall Curb&2.=r Turf MuIcWPVontirg Bed PnVat¢P—fop—- zr� s � 6 6 _Public Street- Detncked Sidewalk Curl&4�ttcr SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 25 OF 47 Page 54 Item#4. FIGURE-2 TREE SPACING Examples x ( ) S (402 )•S.�` 321 Min Spacing Minimum Tree Spacing. Examples: x + ).S 2 (4015).8 22' Min Spacing .Minimum Tree Spacing. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 26 OF 47 Page 55 Item#4. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 5. Landscaping Within Right Of Way: a. If the unimproved street right of way is ten feet (10') or greater from the edge of pavement to edge of sidewalk or property line, the developer shall maintain a ten foot(10') compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover. (Ord. 16-1672, 2-16-2016) b. Landscaping improvements within the right of way shall require a license agreement between the property owner and the transportation authority. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 6. Impervious Surfaces: Allowed impervious surfaces within the landscape buffer include driveways, outdoor seating, signs and walkways. Vehicle display pads are prohibited in the required buffer. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 7. Berms In Street Buffers: Berm design is subject to the provisions in accord with subsection 11-3B-5L of this article. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 8. Stormwater Detention: Stormwater swales and other green stormwater facilities may be incorporated into the buffer in accord with section 11-3B-11 of this article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along I-84. (Ord. 16-1717, 1-3-2017) 11-311-8: PARKING LOT LANDSCAPING: A. Purpose: The purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort of pedestrians. par-king afeas and define pedestfianways. B. Applicability: The requirements for perimeter and internal lot landscaping shall apply to all commercial, industrial and multi- family development, with the following exceptions: 1. Parking spaces adjoining loading areas in the I-L and I-H districts are excluded from the interior landscape requirements. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 2. For parking lot reconstruction, exclusive of sealing, striping, or overlaying, all current landscape standards of this section shall be met, unless approved as set forth in section 11-1B-4 of this title. (Ord. 16-1672, 2-16-2016) 3. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a nonconformity with parking standards, the director shall determine how this article is to be applied through the alternative compliance process. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) C. Standards: 1. For Perimeter Landscaping: The following standards apply to the perimeter of parking or other vehicular use areas, including driveways: a. Requirement: Provide a five foot(5') wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas, subject to the following exceptions: (1) This requirement may be reduced or waived at the determination of the director where there is a shared driveway and/or recorded cross parking agreement and easement with an adjacent property. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 27 OF 47 Page 56 Item#4. (2) This requirement may be reduced or waived at the determination of the director for truck maneuvering areas in industrial, mixed-employment and high-density employment districts. (Ord. 09-1420, 6-23-2009, eff. 6-23-2009) b. Landscaping: The perimeter landscape buffer shall be planted with one Class II or Class III tree per thirty five (35) linear feet and shrubs, lawn, or other vegetative ground cover. (Ord. 05- 1170, 8-8-2005, eff. 9-15-2005) c. Encroachments: Structures less than one hundred twenty(120) square feet, including, but not limited to, trash enclosures and storage sheds, may encroach into a required landscape buffer, excluding any buffer to adjoining residential uses as set forth in section 11-313-9 of this article. (Ord. 09-1420, 6-23-2009, eff. 6-23-2009) 2. For Internal Landscaping: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces. The following standards apply to internal landscaping: a. Planter Size: Landscape planters shall contain a minimum of fifty(50) square feet, and the planting area shall not be less than five feet(5) in any dimension, measured inside curbs. The only exception to the five foot(5') minimum dimension is at the tip of triangular planters located at the end of rows of angled parking. b. Parking Spaces: No linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two feet (2) to allow for improved vehicular maneuvering. c. Parking Lot Layout: Interior landscaping shall, insofar as possible,be used to delineate and guide major traffic movement within the parking area so as to prevent cross space driving. Interior landscape planters shall be spaced as evenly as feasible and at the ends of rows of parking throughout the lot to consistently reduce the visual impact of long rows of parked cars. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) d. Trees Required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs, lawn, or other vegetative ground cover. Each interior planter that serves a double row of parking spaces shall have at least two (2)trees and shall be covered with low shrubs, lawn, or other vegetative ground cover. Trees shall be centered within the planters and provide urban canopy. Deciduous shade urban canopy trees shall be pruned to a minimum height of eight feet(8') above the adjacent parking areas. Evergreen trees and class III trees are prohibited in interior planters. (Ord. 07-1325, 7-10-2007) e. Design Flexibility: In parking areas where the strict application of this subsection C will seriously limit the function and circulation of the lot,up to fifty percent(50%) of the required landscaping maybe located near the perimeter of the paved area or adjacent to pedestrian corridors to emphasize entrance corridors,pedestrian safety, or special landscape areas within the general parking area. Such required interior landscaping that is relocated shall be in addition to perimeter landscape and right of way screening requirements. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11-311-9: LANDSCAPE BUFFERS TO ADJOINING USES: A. Purpose: The requirements in this section shall apply to the landscape buffer to residential and/or nonindustrial uses in section 11-2B-3, table 11-2B-3 and section 11-2C-3, table 11-2C-3 of this title. The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 28 OF 47 Page 57 Item#4. B. Applicability: The landscape buffer is required in the C-N, C-C, C-G, L-O, M-E, H-E, and I- L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. C. Standards: 1. Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: a. Mix Of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover. Fences, walls and berms may also be incorporated into the buffer area as set forth in subsection 11-3B-7C2c of this article. b. Barrier Effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time ofthe tree ., at itr. ith:,, (5) years of planting. Trees that will not touch until maturity outside of this timeframe must be supplemented with additional materials such as tall columnar evergreen shrubs, or other ying materials. c. Buffer Wall And/Or Fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet(6)tall is provided, the planting requirement may be reduced to a minimum of one tree per thirty five (35) linear feet,plus shrubs, lawn, or other vegetative ground cover. d. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the I-L and I-H districts, chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise modified by city council at a public hearing with notice to surrounding property owners. The tables of dimensional standards for each district in accord with chapter 2, "District Regulations", of this title establish the minimum buffer size. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. 3. Pedestrian Access: Landscape buffers shall facilitate safe pedestrian access from residential development to abutting commercial districts and vice versa. 4. Relationship To Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11-3B-8C of this article)when calculating the minimum width of the buffer. (Ord. 12-1514, 5-16-2012, eff. 5- 21-2012) 11-3B-10: TREE PRESERVATION: A. Purpose: The regulations of this section are intended to preserve existing trees four inch(4") caliper or greater from destruction during the development process. B. Applicability: Tree preservation is required in all districts. C. Standards: 1. Site Plans: Site plans shall make all feasible attempts to maintain existing trees four inch (4") caliper or greater within their design. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 29 OF 47 Page 58 Item#4. 2. Landscape Plan: All existing trees greater than four inch (4") caliper shall be shown on the landscape plan. Indicate whether each tree is to be retained or removed. Include on the plan a description of how existing trees to be retained are to be protected during construction. 3. Protection During Construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. The city of Meridian parks department arborist shall approve the protection fence(s)prior to construction. Any severely damaged tree shall be replaced in accord with subsection C5 of this section. 4. Construction Within The Drip Line Of Existing Trees: Construction, excavation, or fill occurring within the drip line of any existing tree shall be avoided, except to suplement existing trees with new irrigation. Specific requirements for construction within the drip line of existing trees are as follows: a. Paving: Whenever possible, impervious paving surfaces shall remain outside of the drip line of existing trees. When it is not possible, impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet(Y). b. Grade Changes: Grade changes greater than six inches (6") are prohibited within the drip line of existing trees. c. Compaction: A fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction. d. Utilities: New underground utilities to be placed within the drip line of existing trees shall be installed in accord with subsection 11-313-5B of this article. 5. Mitigation: a. Mitigation shall be required for all existing trees four inch(4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent(100%)replacement.. (Example: Two 10-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five 4-inch caliper trees, or seven 3-inch caliper trees...)_ Deciduous specimen trees (4 caliper or greater may count double towards total calipers lost, when planted at entryways,within common open space, and when used as focal elements in landscape design. b. No mitigation is required in the following: 1) existing prohibited trees within the street buffer-o••parking4et-;the property boundary of the project. 2) existing dead, dying, or hazardous trees certified prior to removal by the city of Meridian parks department arborist; 3) trees that are required to be removed by another governmental agency having jurisdiction over the project. 6. Required Landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Existing trees 12 caliper or greater that are verified healthy by the City Arborist or a certified arborist and located within common open space or as focal elements within the site may count equally towards the mitigation of calipers lost from other removed trees. Mitigation trees are in addition to all other landscaping required by this article. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) vwher-e a � a f y.thee-.,.,;t; d methods ethods e loss esir-e „ lie e be eentribtAed t,.wafds the G; .,�� Trod Mitt'atio,, Fund. The r,,,-eese f this fimd is tiq q ff of,,,-ba tree eanei3v less by h.,t ine the r;��, install new trees ; other-afeas of the e nitt 87. Incentives: The director may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees through the alternative compliance process in accord with chapter 5, "Administration", of this title. Approval of an alternative compliance application for SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 30 OF 47 Page 59 Item#4. a reduction in required parking shall be obtained prior to submittal of plans. (Ord. 10-1439, 1-12- 2010, eff. 1-18-2010) 11-3B-11: STORMWATER INTEGRATION: A. Purpose: The regulations of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well designed stormwater filtration swales and other green stormwater facilities into required landscape areas, where topography and hydrologic features allow. B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and ACHD stormwater facilities. ACHD stormwater policy shall supersede city requirements for stormwater facilities, except that facilities counting toward open space requirements must also meet or exceed city requirements. C. Standards: 1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. Such swales shall also be designed to accommodate the required number of trees as per section 11-3B-7 of this article if located in a street buffer or other required landscape area. 2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet(5) in any horizontal dimension. 3. Gravel, rock, sand, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. 4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. 5. Organic mulch shall not be used against drainage catch basins because of potential sediment clogging. 6. Slopes shall be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance. 7. The stormwater facility shall be designed free draining with no standing water within forty eight(48) hours of the completion of a storm event. (Ord. 16-1717, 1-3-2017) 11-311-12: PATHWAY LANDSCAPING: A. Purpose: The purpose of this section is to promote trees and other landscaping along pathways developed within the city. The required landscaping will provide shade and visual interest along the pathways. B. Applicability: Wherever pathways are installed and/or required, the landscaping standards within this section shall apply. C. Standards: 1. Planter Width: A landscape strip a minimum of five feet(5)wide shall be provided along each side of the pathway. Designs are encouraged in which the width of the landscape strip varies to provide additional width to plant trees farther from the pathway,preventing root damage. The minimum width of the landscape strip shall be two feet(2)to allow for maintenance of the pathway. Alternative compliance as set forth in section 11-5B-5 of this title shall not be required to meander the pathway as long as a total width of ten feet (10') of landscaping is maintained along the pathway. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 31 OF 47 Page 60 Item#4. 2. Required Plants: The landscape strips shall be planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. There shall be a minimum of one tree per one hundred(100) linear feet of pathway. If this calculation results in a fraction of five (5) or greater, round up to an additional tree; if the calculation results in a fraction less than five (5), round the number down. 3. Improvements: The pathways construction shall be in accordance with the site specific geotechnical report for light duty paving. In the cases where no geotechnical report is available pathways shall be built using 2.5 "of asphaltic concrete over 4" of crushed aggregate base over 10" of structural subbase over compacted subgrade. Materials and methods shall conform to ISPWC standard specifications. shall be paved with three ; ehes (32) of asph ltie eenerete o e aleat (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 4. Tree Branching Height: Trees along the pathway shall be pruned with a clear branching height of at least eight feet (8') above the path surface. 5. Shrub Height: Shrubs are limited to three feet(3) high or less at mature size to allow for safety provisions and sight distance. 6. Mulch: The solitary use of mulches, such as bark alone without vegetative ground covers, is prohibited. Mulch under the trees and shrubs is required in accord with subsection 11-3B-5H of this article. 7. Prohibited Trees: No evergreen trees or class III trees shall be planted within the required landscape strips of less than 10-feet because of safety, sight distance, and maintenance concerns. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 8. Fences: See section 11-3A-7 of this chapter for pathway fencing standards. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 11-3B-13: LANDSCAPE MAINTENANCE: A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. C. Standards: 1. Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this article. 2. Topping Prohibited: Topping any street tree required by this article is prohibited. 3. Tree Grates: Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right of way. 4. Dead And Diseased Plant Materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by city officials to determine compliance or to investigate. 6. Pruning: The lower branches of trees shall be pruned and maintained at a minimum height of six feet(6) above the ground or walkway surface to afford greater visibility of the area, except as otherwise required herein. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012). SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 32 OF 47 Page 61 Item#4. 11-3B-14: INSTALLATION: A. Certificate Of Completion: A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The certificate of completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are planted and installed in substantial compliance with the approved landscape plan and details. B. Installation Schedule: 1. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final certificate of occupancy. 2. All pathways conveyed to the City for permanent maintenance, must be inspected and compaction tested prior to issuance of a final certificate of occupancy. 3. Private site improvements that are above and beyond the requirements placed on the development do not require completion prior to occupancy. (For example a clubhouse in a residential development need not be completed prior to occupancy of residences in the development.) 4. For final plats, all landscape buffers along streets, with the exception of local streets, shall be installed prior to signature on the final plat. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Section 18. That Meridian City Code Section 11-3G-1 through 11-3G-5, Unified Development Code, be amended as follows: Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS 11-3G-1: Purpose 11-3G-2: Applicability 11-3G-3: Standards for Common Open Space 11-3G-4: Standards for Site Amenities 11-3G-5: General Standards for Common Open Space and Site Amenities 11-3G-1: PURPOSE: A. To implement the goals and policies of the Comprehensive Plan: 1. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. 2. Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new residential and mixed-use developments. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 33 OF 47 Page 62 Item#4. B. The fee-,' tions of this aftiele are intended t To provide for common open space and site amenities in Residential Districts and in areas designated as mixed-use in the Comprehensive Plan that improve the livability of residential neighborhoods, buffer the street edge, provide alternatives to driving, and protect natural amenities. C. The regulations are intended t To establish minimum Quantity and quality standards for common open space and site amenities, and requirements for the long term maintenance of these areas. 11-3G-2: APPLICABILITY: The standards for common open space and site amenities shall apply to all new single-family, townhouse, and two-family duplex, and niulti family developments of five (5) acres or more. Open space and site amenity standards for multi-family developments are provided for in Section 11-4-3- 27C and D of this Title. 11-3G-3: STANDARDS FOR COMMON OPEN SPACE: A. Open Space and Site Amenity Minimum Requirements: The minimum requirements are based on both the quantity and quality of open space provided. 1. Minimum open space quantity requirements: The total land area of all common open space that meets the standards as set forth in subsection B of this section shall eq equalor exeeed ter ..o,.,,v„* ( 01%) of the gross land area of the deve ,,,., ent,- r provide five percent(5%) common open space if the entire development is comprised of buildable lots, a minimum of sixteen thousand (16,000) square feet, not including landscape buffers along arterial or collector roadways; or as shown in Table 11-3G-3. a. Table 11-3G-3 Minimum Open Space Requirements Zone % Open Space R-2 84 0% R-4 12% R-8, TN-R 15% and TN-C R-15 15% b. When a project is located in more than one zone, the calculation of the minimum required open space shall be based on the land area in each zone, and the total for each zone shall be combined for the minimum required open space for the entire project. 2. One additional site amenity that meets the standards as set forth in subseetion G of this seetion Minimum open space quality requirements: All open space areas shall meet the following_Quality standards: SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 34 OF 47 Page 63 Item#4. a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have direct(a) direct pedestrian access, (b)high visibility, (c) comply with Crime Prevention Through Environmental Design (CPTED) standards, and (d) support a range of leisure and play activities and uses.-men =area�t * er-ooked or-igeeed in shai3e. diseenneeted or-isolated do not meet this standaM-. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are peRtfally located within the connected by pathways and visually accessible along collector streets; or are a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. B. Qualified Open Space: The following m qualify t moot the eammen open space 1. Active or Passive in intended Use Open Spaces: Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a. Open grassy area of at least f:f.,feet by one hundred feet«n'x 1 , five thousand 5,000) square feet in area and is suffetmdedby the ffer*- aras of lots on a4 least 500 f b. Community garden; c Ponds o . ,.,ter-f.,tufe; Natural waterways, pen ditches, and laterals. Protective buffers a minimum of ten feet(10') in width dedicated for active access alongthese hese natural open spaces count toward meetingthe he open space minimum requirements; d. Plaza with a minimum dimension of twent. feet 20') in all directions and including hardscape, seating, lighting in conformance with the standards set forth in section 11- 3A-11 and landscaping in conformance with the requirements set forth in Article 11-3B Landscaping Requirements; or Qaj SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 35 OF 47 Page 64 Item#4. CA y 6 .4 e. Linear open space area that is at least twenty feet(20') and up to fifty feet (50') in width, has an access at each end, and is improved and landscaped as set forth in subseeti.,, E of this 11-3B Landscaping Requirements. 3 2 Additions T.. Publ e P,,,-t,: Additions to the land area of a public park or other public open space area. 3. Full Buffer: One hundred percent(100%) The fitil area- of the landscape buffer along collector streets and 4. PeF emt .o of Buffer-: Ffifty percent(50%) of the landscape buffer along arterial streets that meet the enhanced buffer requirements that follow may count toward the required common open space. a. Enhanced landscaping as set forth in Article 11-3B Landscaping Requirements n b. Multi-use pathway c. Enhanced amenities with social interaction - characteristics; d. Enhanced context with the surroundings. 45. Parkways Along Gelleetef and Local Residential Streets: Parkways along local residential streets that meet all of the following standards may count toward the _ common open space requirement: o a. The parkway meets the minimum width standard as set forth in subsection 11-3A- a: 17E of this chapter. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 36 OF 47 Page 65 Item#4. b. The parkway is planted with street trees in accord with section 11-313-7, "Landscape Buffers Along Streets", of this chapter. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be twenty six feet(26')by the width of the parkway. 56. Stormwater Detention Facilities: Stormwater _ detention facilities when designed in accord with section 11-3B-11, "Stormwater Integration"ems t,.,.,.fds the qualifieda ,4;f 1,.,.ate l;f: l t $6'i 'ircc-pzcsrivc-vr-ccvgive crcz-quicmzccrvpcn�pucc-vricc "irvrrcscrcccq-vn at least cwv�-sncc�. 6-7. Open Water Ponds: Aesthetieally designed Artificial open water ponds and =_ holding areas 'n to *we-ty five when developed with at least one site amenity in accord with subse do r Table 11-3G-4 of this section. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water; and b. The pond shall be maintained such that it does not become a mosquito breeding ground. 11-3G-4: Standards For Site Amenities A. Site Amenities Minimum Standards: The minimum site amenity required is based on the point value of the amenity as set forth in subsection B of this section and the size of the development. 1. For each five (5) acres of gross land area, one (1) point of site amenity. inquired. If the calculation of the number of required site amenities results in a fraction, such number shall be rounded up or down to the next whole number: fractions less than one-half(0.5,) shall be rounded down to the whole number and fractions which are one- half(0.5) and greater shall be rounded up to the next higher whole number. 2. For projects forty(40) acres or more in size, multiple amenities are required from the separate categories listed in Table 11-3G-4. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 37 OF 47 Page 66 Item#4. B. Qualified Site Amenities: 1. Qualified site amenities shall include, but not be limited to the features listed in Table 11- 3 G-4. 2. The assiened i3eint.value„, ,be deer-eased.lo,-,o.,. ine a (a) the size. (b) ci alit. of feature. (e) ocsc-ornainlonu nee /a\ du-,bift ., (e) into er-ador with rother-va pn spucc-vr 3- Through the Alternative Compliance provisions asset forth in Section 11-513-5: a. Amenities not listed in Table 11-3G-4 may be considered. ` b. Amenities that are a centerpiece or of benefit to the entire city; that creatively create a sense of uniqueness to the neighborhood; or preserve or represent the historic context of the place may be substituted for required open space as set forth in section 11-3G-3. Table 11-3G-4 Site Amenities and Point Value Site Amenity Maximum Point Value Quality of Life Amenities Business center 2 Clubhouse betwee*-5,000—44,080-sf or greater in size 6 Clubhouse less than 5,000 sf or open air ramadas 3 Semi-enclosed clubhouse 3 Fitness facilities 5,000 sf or greater in size 4 Fitness facilities less than 5,000 sf 2 Locker rooms in association with clubhouse or fitness 2 facLl yy — Public art 1 Fountain 2 Picnic area on a site 5,000 sf or greater in size 2 Picnic area on a site less than 5,000 sf I Fitness course 2 Open space commons 3 Open space commons shelter 2 Communication infrastructure with fiber optic cable 2 Dog Park 2 SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 38 OF 47 Page 67 Item#4. Site Amenity Maximum Point Value Dog waste station 0.5 Commercial outdoor kitchen 2 Outdoor fire ring 1 Recreation activity area amenities Swimming pool 4 Swimming pool changing facilities and restrooms 6 Interactive splash pads, fountains or water features 4 Tot Lot I Pla ryg ound 3 Sports courts,paved 4 Sports courts,unpaved 2 Sports fields 5 Pedestrian or bicycle circulation system amenities When aligned with a waterway leer 1/4 mile When aligned with a linear open space 1 per 1/4 mile Multi-use pathways 22per 1/4 mile Multi-modal amenities Bicycle storage 2 Bicycle storage adjacent to transit stop or park and ride 3 lot Bicyclepair station 1 Sheltered transit stop 2 Park and Ride Lot with a minimum of 20 spaces 5 C. Quality of lifeamenities! amenity standards: I. Clubhouse is an enclosed or semi-enclosed space ,including open air or ramadas neighborhood events and support facilities for recreation. The points for a clubhouse maybe combined with the points for other amenities that maybe located within the clubhouse including fitness and business centers, sports courts, swimming Pools and locker rooms. 2. Fitness facilities is an enclosed space equipped with commercial grade sports exercise equipment. 3. Public art is custom designed for the site size, location, and surroundingsetting, etting_ 4. Fountain is custom designed for the site size, location, and surroundingsetting. etting_ 5. Picnic area includes tables, benches, landscaping, and a structure for shade. 6. Fitness course with a minimum of six (6) stations permanently installed. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 39 OF 47 Page 68 Item#4. 7 Additional qualified open spaee Open space commons of at least twenty thousand(20,0001 square feet, which is surrounded on all sides by the front yards of lots. Intervenin streets treets may be located between the open space and lots. 8. Communication infrastructure meeting the following minim-umstandards. with two (2) conduits running side by side to and through the development; each conduit being two inches (2") in diameter. The plie nt shall be eligible f a seeond amenity..,here one stleh eenduit includes a communication baekbene with a minim,&m eapacity equivalent to a thirty 9. Dog Parkowner- ;l;�;os,Y,00�;,, .t, followin. lta,, la, ls: with: a) dog washH*+9 station with ,a,-ai to s nit fy sewer- stom a-a tras1, ry epta.less a)bags for dog waste disposal; or--b) double entrance gate, c)bench(es) and d) fencing to enclose a minimum of 0.75 aere of five thousand(5,000) square feet and secured open space for an off leash dog park and tFash ro „taeles and Rags for-dog waste dispe& '. The open space shall count toward any required open space. 10. Dog waste station is an installed in the ground fixture with waste disposal bags and trash receptacle. i-.11. Neighborhood business center meeting the following standards: a. The area devoted to the business center shall not exceed one thousand(1,000) square feet. b. The business center shall provide access to high speed internet, fiber optic cable, or communication infrastructure and/or facilities with a minimum capacity equivalent to a thirty-six (36) strand single mode fiber optic cable. c. The business center shall, at a minimum,provide workspaces for three (3)people, a meeting space for six (6)people, and access to printing facilities. d. The business center may be leased to a private entity for operation and maintenance, however the property shall be owned by the owners' association. e. The business center operator may charge fees for use or membership; however members of the owners' association should be given priority in use of the business center. 12. Commercial outdoor kitchen is an outdoor or semi enclosed space that includes commercial grade appliances for food preparation and sink with utility connections. 13. Outdoor fire ring that meets fire safety standards, is located on a noncombustible surface and includes fixed seating. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 40 OF 47 Page 69 Item#4. D. Recreation activities amenity standards: 1. Swimming pool constructed in ground and meeting all Building Code requirements. 2. Interactive splash pads, fountains or other water features are permanent, commercially grade constructed with filtration systems. 3. Tot lot with commercial grade play equipment scaled and designed for the use and safety of younger children. Benches for seating shall be nearby. 4 Childr-e 's pay structures-Playground on a site with a minimum size of five thousand (5,000) square feet and including benches for seating and multiple commercial grade play structures. of 5. Sports courts with markings and including benches for seating. Sports court may include tennis,basketball, pickleball, horseshoes,bocce ball, comhole, or golf putting 6. Sports fields for neighborhood scaled sports activities. E. Pedestrian or bicycle circulation system amenities meeting the following requirements. amenity standards: The system a) is not required sidewalks adjacent to public right-of-way; b)The syste connects to existing or planned pedestrian or bicycle routes outside the-development, as designated in the Meridian pathways master plan; and c) The system is designed and constructed in accord with adopted City standards. F. Multi-modal amenity standards: 1. Bicycle storage is a roofed space for the secure storage of a minimum of six bicycles. 2. Bicyclepair station is a fixed installation with tools and an air pump. 3. Lei Transit stops,park and ride facilities or other multimodal facilities to-encourage alternative automobile transportation. 4. Sheltered transit stop is covered with a roof and transparent enclosure on three sides. 5. Park and Ride facility is a paved off-street parking area for a minimum of twenty vehicles located adjacent to a public transit stop. 11-3G-5: General Standards for Common Open Space and Site Amenities A. Location: SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 41 OF 47 Page 70 Item#4. 1. The eommon open spaees and site amenities shall be- loeated on a eommon lot or-an aFea with a eommen maintenanee agreement. 1. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. 2. Common open space and site amenities shall be located in areas of high visibility(i.e., along streets, where doors and windows overlook public areas, etc.) to avoid hidden areas and corners, dark areas,unusable space and reduce the opportunity for crime. 3. Common open space shall be located in areas that maximize pedestrian and bicycle connectivity within and outside the neighborhood. 4. Common open space in mixed use developments may be allowed to deviate from the location standards through the alternative compliance process as set forth in Section 11-5B- 5. B. Improvements and Landscaping: 1. Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, er-eek, ete.,natural waterway riparian areas, open ditches, and laterals may be left unimproved. At a minimum, eemmen open spaee areas shall inelude one deei"otts shade tfee per-eight t-hatt (9,000) o feet and lawn, either-seed o sod. 2. Common open space shall comply with the applicable landscaping requirements set forth in Article 11-313 Landscaping Requirements of this Title. C. Maintenance: 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. r-espeasibility of an owner-s'asseeiation for-the puTese of maintaining the eemmen area a-ad 2. Maintenance and operation of the open space and site amenities shall be the responsibility of the property owners' or homeowners' association. 3. Land dedicated as common open space may be conveyed to the City, where the Parks and Recreation Department agrees to accept conveyance and when the common open space area is in the public interest and complies with one of the following_ a. Is adjacent to an established or planned City park or school grounds; or b. Connects to a regional pathway. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 42 OF 47 Page 71 Item#4. Section 19. That Meridian City Code Section 11-4-3-27, Unified Development Code, be amended as follows: 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Multi-family developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. -12. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. -2-.To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. -3-.To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. 4-.To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) B. Site Design: 1. Buildings shall provide a minimum setback often feet (10)unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. (Ord. 19-1833, 7- 9-2019) 2. All on site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. 4. For the purposes of this section, vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying To All Districts", of this title. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 43 OF 47 Page 72 Item#4. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773, 4-24-2018) C. Common Open Space Design Requirements: 1. The total baseline land area of all qualified common open space shall equal or exceed ten percent(10%, of the gross land area for multi-family developments of five (5) acres or more. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been Riven priori!.. in the development design have (a) direct pedestrian access, (b)high visibility, (c) comply with Crime Prevention through Environmental Design (CTED) standards, and (d) support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. b. Open space shall be accessible and well connected throughout the development. This Quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. 3. All multi-family projects over 20 units shall provide at least one common grassy integrated into the site design allowing for general activities by all ages. This area maybe included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common _grassy area shall be at least five thousand(5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may_ be included elsewhere in the development. b. Alternative Compliance is available for these standards, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or Mixed-Use future land use designations with collectively integrated and shared open space areas. 474. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 44 OF 47 Page 73 Item#4. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 2_5. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20'). 46. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 47. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet (4) in height, with breaks in the berm or barrier to allow for pedestrian access. subseetio the"' "l'iecd eemmen eeen space c vrtrhe over-all de v'elei3menrsiiall eo=ciccl D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. Dog park with waste station. Commercial outdoor kitchen. Fitness course. 8 Enclosed storage b. Open space: !1 n,.v„ grassy area of at least f;#.,1,., 0 1,,,,,a,o l feet (cn . 1 nn) ; (12-) Community garden. (2-3) Ponds or water features. (34) Plaza. Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards: (11,) Bicycle repair station. Park and ride lot. SEPTEMBER,2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0002 PAGE 45 OF 47 Page 74 Sheltered transit stop. Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multi- family development as follows: a. For multi-family developments with less than twenty(20)units, two (2) amenities shall be provided from two (2) separate categories. b. For multi-family development between twenty(20) and seventy five (75)units, three (3) amenities shall be provided, with one from each category. c. For multi-family development with seventy five (75)units or more, four(4) amenities shall be provided, with at least one from each category. d. For multi-family developments with more than one hundred(100)units, the decision making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying To All Districts", of this title. (Ord. 16-1672, 2-16-2016) 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 16-1672, 2-16-2016) F. Maintenance And Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures,parking, common areas, and other development features. (Ord. 16-1672, 2-16-2016) Section 20. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 21. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian,Idaho,this 5th day of October,2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of October, 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk SEPTEMBER,2021 UPDATE PAGE 46 OF 47 UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2021-0002 CERTIFICATION OF SUMMARY : William L.M. Nary, City 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,&/ 17. 1 . Al, William L.M . Nary SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 214950 : An Ordinance amending Meridian City Code as Codified at Title 11 , Pertaining to Landscape and Common Open Space and Site Amenity Requirements in Chapter 3 ; Multi Family Common Open Space Design Requirements in Chapter 4; and various other amendments to Chapters 1 -5 and 7 ; providing for a waiver of the reading rules ; and providing an effective date . I SEPTEMBER, 2021 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA 2021 -0002 PAGE 47 OF 47