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2021-10-26 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 26, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing Continued from October 12, 2021 for McFadden Property (H- 2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. Approved A. Request: Annexation and Zoning of 17.87 acres of land with the C-C zoning district. Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 2. Findings of Fact, Conclusions of Law for McFadden Property (H-2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 3. Development Agreement Between the City of Meridian and Kobe LLC (Owner/Developer) for McFadden Property (H-2021-0048), Located at 104 W. Cherry Ln. Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 4. Public Hearing Continued from October 12, 2021 for Heron Village Expansion (H- 2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. Continued to December 7, 2021 A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Motion to continue to December 7, 2021 made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 5. Public Hearing for Trust Storage Subdivision No. 2 (SHP-2021-0007) by B&A Engineers, Located on Parcel R8535800100 at the Southeast Corner of the S. Locust Grove Rd. and E. Overland Rd. Intersection Approved A. Request: Short Plat consisting of 2 buildable lots on 1.04 acres of land in the C-C zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener ORDINANCES \[Action Item\] 6. Ordinance No. 21-1951: An Ordinance (H-2020-0124 – Ambles Run Subdivision) for Annexation of a Parcel of Land Being a Portion of Lot 26 of Block 1 of Dunwoody Subdivision, as Filed in Record in the Office of the Ada County Recorder, Boise Idaho, in Book 58 at Page 5482, as Shown on Record of Survey No. 7837, as Filed for Record in the Office of the Ada County Recorder, Boise, Idaho Under Instrument No. 107033607, Lying in the NW ¼ of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 2.88 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 7. Ordinance No. 21-1952: An Ordinance (H-2021-0048 – McFadden Property) for Annexation of a Portion of the East ½ of the SE ¼ of the SE ¼ of Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.88 Acres of Land from RUT to C-C (Community Business) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 6:28 pm E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. i 1 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: October 26, 2021 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic. Please observe the following rules of the Public Forum: • DO NOT: o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3-minute time limit (you may be interrupted if your topic is deemed inappropriate for this forum) Name (please print) Brief Description of Discussion Topic �S E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting October 26, 2021 Item #5: Trust Storage Subdivision No. 2 (SHP0007)-2021- Item #5: Trust Storage Subdivision No. 2 (SHP0007)-2021- Item #5: Trust Storage Subdivision No. 2 (SHP0007)-2021- Changes to Agenda: None Item #5: Trust Storage Subdivision No. 2 (SHP-2021-0007) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 1.04 acres of land, is zoned C-C and is located at the southeast corner of E. Overland Rd and S. Locust Grove Rd. Summary of Request: The Applicant proposes to subdivide the subject property (Lot 1 Block 1 of the Trust Storage Subdivision) into a new plat consisting of 2 lots of approximately ½ acre each. In 2000, 16.119 acres of land (including the subject property) received annexation and zoning approval. A development agreement was required as a provision of annexation. In 2010, the property was platted into 5 building lots as the Somerton Subdivision. A conditional use was approved to allow a car wash on a lot north of the subject property and a conditional use permit was approved to allow a self-storage facility on Lot 2, Block 1, which is south and east of the subject property. The present proposal is to subdivide the vacant 1.04 lot into two ½ acre lots for development of two separate commercial buildings. As requested by staff, the applicant has submitted a concept plan to demonstrate all dimensional requirements can be met. The plan reflects two commercial buildings of at least 3,000 sq. ft. on each lot and with associated parking, setbacks and drive aisles. An existing cross access easement provides ingress and egress from S. Locust Grove Rd. and to the north and south along the eastern property lines. The short plat and landscape plan indicate a 25’ wide landscape buffer within a 25’ wide landscape easement as required by UDC 11-2B-3 for arterial road and landscaped in accord with the UDC 11-3B-7C standards. Written Testimony: None Staff Recommendation: Approval with Conditions Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2021-0007, as presented in the staff report for the hearing date of October 26, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2021-0007, as presented during the hearing on October 26, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2021-0007 to the hearing date of ______________ for the following reason(s): (You should state specific reason(s) for continuance.) 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing Continued from October 12, 2021 for McFadden Property (H- 2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. A. Request: Annexation and Zoning of 17.87 acres of land with the C-C zoning district. Page 4 Item#1. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: October 26, 2021 Topic: Public Hearing Continued from October 12, 2021 for McFadden Property (H-2021- 0048) by Doug Tamura, Located at 104 W. Cherry Ln. A. Request: Annexation and Zoning of 17.87 acres of land with the C-C zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 5 ►tem#'. EXHIBIT A STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 10/12/2021 Legend p� i DATE: II{{I LI IPFUJEct L{X,`.7Q ry 55 TO: Mayor&City Council � FROM: Alan Tiefenbach 3 208-884-5533 k Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2021-0048 McFadden Property LOCATION: The site is located at 104 W. Cherry Lane, in the East '/z of the SE '/4 of the SE . rRn m r '/4 of Section 1,Township 3N, Range 1W. I. PROJECT DESCRIPTION Annexation and zoning(AZ) of 17.88-acres of land with the C-C(Community Business District) zoning district. The main purpose for seeking annexation at this time is to ensure this area can be included as part of the Northern Gateway Urban Renewal Plan currently being developed by the Meridian Development Corporation(MDC). II. SUMMARY OF REPORT A. Project Summary Description Details �_ Page Acreage 17.88 _ Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Rural Agricultural Proposed Land Use(s) Mixed Use Lots(#and type;bldg./common) One existing,future to be determined. Phasing Plan(#of phases) 2 Number of Residential Units(type N/A of units) Amenities Amenities will be determined with future build-out. Staff is recommending a development agreement provision that requires detailed amenity,open space and circulation plans after construction of the first phase. Physical Features(waterways, Settler's Canal bisects the property east to west. hazards,flood plain,hillside) Page 1 Page 36 Item#1. Description Details Page Neighborhood meeting date;#of June 23,2021 -6 Attendees attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(future proposals will require additional ACHD review). • Requires ACHD No Commission Action (yes/no) Access(Arterial/Collectors/State N.Meridian Rd. and W.Cherry Ln. (both Hwy/Local)(Existing and arterials). Proposed) Traffic Level of Service LOS>E Stub First phase will rely on access from N.Meridian Street/Interconnectivity/Cross Rd.and W.Cherry Ln. Access Existing Road Network N.Meridian Rd. and W.Cherry Ln. (both arterials). Existing Arterial Sidewalks/ There are no existing buffers.Existing sidewalk Buffers between 5'-7'exists along the N.Meridian Rd. /W Cherry Ln. Rd. frontage. Proposed Road Improvements No proposed road improvements with the first phase. Distance to nearest City Park(+ 1/4 miles to Settlers Park size) Fire Service No comments on this phase. Police Service • Distance to Police No comments on this phase. Station West Ada School District • Distance(elem,ms,hs) No comments submitted Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.18 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Sewer is available in N.Meridian Rd. • Capacity availability will be determined when development is proposed for the property. Water Page 2 Page 37 Item#1. Description I Details Page • Distance to Water 0 Services • Pressure Zone 2 • Estimated Project Water See Application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns No changes to public water infrastructure.Any changes to infrastructure must be approved by Public Works. Page 3 Page 38 1 1 1 111E "� I 1 r •iceON ME pp�fi fim . 0 ME ■ ■■ ■■� F ■ '•" ,in in in NO ONE . SAL RW in 9 �■ ��Olul �� :2 ' �; ■ _= i • - - •'a •+#�, �.r � • J�"' 1=� uuu k ■ iEllm son 7- ME n ■= .... _ : 11: NII }.e,kt_! •r rt*�. ..:rt .sp; •�F. 1 ��•' . . ■■ ■71■■ ■ ■� ■ : ■111� ,�1111 `tea ': riF "-. +rr NOON■' . � � 1 NOON■ � � 1 - 111■`� - 1■1■ �_ �• DIY■ M1'_ __ .. �` ■ __ .. ■■NOON ■■H■ ■ ■ + ^��:S ■ ■ Will ■::S �■NOON NONE ■ MEMO■ ■ OII NONE ■■�■ OII ■ NOON ■ Er ■■� ■ ■ IIIINN1111 IIIINNIIII in ■■ _ NO ■■■ - ■■■ ■■■ .■■ ■ is■ ■ u Ego 'w7�# 5 i ■■■ in ONE A911 ■ ■ 1■ ..uuu * ■i —EE �� 1■ ..uuu :— -- ■u■■ — ■ �■ ■ . uuumini �* ■■ ■ . uuu .�� =_ J� �—7■ ■■ ■■ : NONE ■O■M■N■ ' IO ■1 ■�i ■■ ■■ : :... NOON■■■ :: 1■11� H�'■■ ■ ■ ■■ ■■ '------••- • ■: Nil ■ ■■ ■■ - ...._ ■: 1■: NII Item#1. III. APPLICANT INFORMATION A. Applicant: Doug Tamura— 1124 Santa Maria Dr, Boise,ID 83712 B. Owner: Kobe LLC- 1124 Santa Maria Dr,Boise,ID 83712 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 8/27/2021 Radius notification mailed to properties within 300 feet 8/25/2021 Sign Posting 9/7/2021 Nextdoor posting 8/26/2021 V. STAFF ANALYSIS A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area and area of rezoning is included in Section VII. To ensure the site develops consistent with the Mixed-use Community design elements and future Northern Gateway concepts, staff recommends a development agreement to guide future development of the site. B. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) The FLUM designates the property for Mixed Use Community. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional (MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The Comprehensive Plan describes components of what would be considered mixed use. Elements pertinent to this proposal include: • At least three types of land uses; • Higher density residential development encouraged when there is a potential for an employment center; • Mixed Use areas typically being developed under a master or conceptual plan; during an annexation or rezone request, a development agreement; Page 5 Page 40 Item#1. • In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Transitional uses and/or landscaped buffering between commercial and existing low-or medium-density residential development; • Supportive and proportional public and/or quasi public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools being expected; • Being centered around spaces that are well-designed public and quasi public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered; and, • All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. In addition,the Plan discusses the following additional pertinent requirements for mixed use community: • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre; • Vertically integrated structures being encouraged; • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot building footprint; The applicant submitted a conceptual plan as part of this application. The Plan shows three buildings oriented to the W. Cherry Ln./N. Meridian Rd. corner with parking in the front of the W. Cherry Lane frontages, 5 more buildings to the north along N. Meridian Rd. with parking to the back and to the side, and a Phase Two in the center which is intended for future commercial office,retail,hotel or multifamily uses. The concept plan indicates restaurant,retail,hotel, office and multifamily family uses proposed for the site,which would be consistent with the requirement for at least three uses. Also,Phase Two does indicate a potential for a multifamily component, although there are no details provided at this time. The applicant's narrative suggests their intent is to develop the buildings shown along N. Meridian Rd. and W. Cherry Ln. as an initial phase,with uses including a gas station with convenience store, additional retail or office, and multifamily and/or hotel uses as a second phase. The applicant proposes that before any specific use may be constructed within Phase 11, a Development Agreement Modification must be approved that would include a conceptual plan for that area. Staff does support a limited amount of commercial construction occurring in the short term at the SE corner based on the concept plan that has been provided thus far,but does have concerns allowing complete build-out along both arterials as presently shown. As the Page 6 Page 41 Item#1. intersection of W. Cherry Ln. and N. Meridian Rd. is intensely commercial, staff believes build-out in this immediate area could occur in the short term under the concept plan as shown and have limited impacts to the overall cohesiveness of the project. Also,because this intersection is so intensely commercial, staff believes it appropriate to have automobile- oriented uses directly at the intersection,with the buildings in this area providing a buffer for the buildings more internal to the project as well as allowing the buildings further to the north and along N. Meridian Rd.to transition to more integrated mixed use. Also,because this property would be the entrance into the Northern Gateway District, staff believes some type of entry or identity feature for this development appropriate. Based on the concept plan submitted by the applicant,staff recommends allowing development of the three commercial buildings along the W. Cherry Ln.frontage and south of the existing access at N.Meridian Rd. as the first phase of this development.A development agreement modification and detailed concept plans that are consistent with the mixed-use community designation of the Comprehensive Plan and the Northern Gateway District would be required prior to any additional development. However, as part of the first phase,staff recommends the development agreement require the building orientation account for a gateway or entry feature at the SE corner,near the intersection as will be discussed further in the qualified open space section. C. Comprehensive Plan Policies (https:llwww.meridianciU.or /g compplan): • Encourage diverse housing options suitable for various income levels, household sizes, and lifestyle preferences. (2.01.01) The Plan notes an intent of mixed use is to integrate a variety of uses, including residential. Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre.Although the intent of this application is to annex the property into the City so it is eligible to be included into the North Gateway Plan and for development of the first three commercial buildings, the applicant has indicated a residential component on the concept plan in a future phase. Types of housing and the density would be addressed in this future phase, but because this residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City. (2.01.01G) As mentioned above, although residential is not planned with this current phase, given the nature and density of housing that would occur in this mixed-use center under future development, it would likely increase diversity in housing. • Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers. (2.01.01H) The Destination Downton Plan indicates W. Cherry Ln. as a future transit line, and N. Meridian Rd. is a major commercial corridor. The site is located on a major commercial intersection, with a range of services including a grocery store, directly across N.Meridian Rd. to the east. There are numerous employment opportunities in this area, and it is adjacent to what is still considered the Downtown Area. • Support redevelopment and infill opportunities Downtown. (2.09.01) The subject parcel is an enclave parcel with all surrounding land developed and existing infrastructure available. This would be considered infill development. Page 7 Page 42 Item#1. • Develop concept plans of potential destination activities and promote appropriate development, infill, and redevelopment of activity centers. (2.09.03E) This application is to annex the property into the City so Meridian Economic Development Corporation can include the property into the new Northern Gateway Plan, and to allow the applicant to construct the first three buildings.As mentioned, a development agreement modification will be required for any future phases, which will include detailed concept plans. This project is eventually intended to be an activity center. • Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. (3.07.02A) Staff is recommending a development agreement provision that will require the developer to submit a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A complete pedestrian circulation will be required as part of the development agreement modification for future phases. • Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability. This project is intended to develop as a mixed-use center. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) This property is located on the intersection of W. Cherry Ln. and N. Meridian Rd., both key transportation corridors, and W. Cherry Ln. is anticipated to eventually be a transit line. D. Existing Structures/Site Improvements: The property is presently vacant, although it is being used for horse pasture. E. Proposed Use Analysis: At this time,proposed uses are only conceptual. However,the Applicant's concept plan depicts multi-family residential, commercial,hotel and office/retail uses.This application is requesting C-C zoning. All the above uses are principally-permitted except for multi-family residential, which is a conditional use in the C-C zoning district per UDC Table 11-2A-2. As mentioned in the comprehensive plan analysis above,this property is recommended for mixed use community uses,with an intent to provide community-serving uses and dwellings seamlessly integrated into the urban fabric and an integrated variety of uses. Use requirements include at least three types of land uses,higher density residential, and at least 20%residential at gross densities ranging from 6-15 unit/acre,but a mixed-use designation is not intended for high density residential development alone. Vertically integrated structures are encouraged,but unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint unless it is a grocery store,which can have a footprint up to 60,000 sq. ft. Plazas,open spaces,gathering spaces and similar should comprise at least 5%of the developable area. As mentioned,based on the submitted concept plan, staff is amenable to supporting development of the first three commercial buildings along the W. Cherry Ln. frontage and south of the existing access along N. Meridian Rd. in the short term but believes more detailed concept plans should be approved before further buildout can occur in order to ensure this development is representative of the type of mixed-use development illustrated by the Plan. In addition to the other DA requirements already listed, Staff recommends a DA provision that limits building footprints to 30,000 sq.ft or 60,000 sq.ft for a grocery store unless vertically-integrated Page 8 Page 43 Item#1. structures are proposed,a requirement that at least 20% of the square footage in future phases be residential, and at least 5% of the developable area being plazas,gathering places,etc. This would be in addition to any open space or amenity requirements for multifamily development. F. Specific Use Standards(UDC 11-4-3): The concept plan indicates a wide range of commercial retail,office,hotel and multifamily uses. At time of development agreement modification or Certificate of Zoning Compliance proposed development will be reviewed against the specific use standards of UDC 11-4. G. Dimensional Standards(UDC 11-2): All future lots,buildings and public streets shall be required to meet all UDC dimensional standards. This includes property sizes,required street frontages,road widths, and development consistent with the mixed-use community principles listed in the Comprehensive Plan. H. Access(UDC 11-3A-3, I1-3H-4): The property is presently served by two arterials -W. Cherry Lane and N.Meridian Rd.N. Meridian Road is improved with 5 travel lanes, curb,gutter, and 5-foot wide concrete sidewalk abutting the site. Cherry Lane is improved with 5 travel lanes,curb,gutter, and 7- foot wide attached concrete sidewalk abutting the site to the east of the existing driveway on Cherry Lane. There is 5-foot wide attached concrete sidewalk abutting the site to the west of the driveway. The concept plan shows 3 access points from N. Meridian Rd., one access from W. Cherry Ln., and a stub to the office park at 3537 Hunters Cir. There are two existing curb-cuts providing access to the property. There is an existing 26-foot- wide driveway from N. Meridian Rd. approximately 500 feet north of Cherry Ln., and a 26-foot- wide curb cut driveway providing access from Cherry Ln. approximately 300 feet west of N. Meridian Rd.ACHD has responded that if a property has frontage on more than one street,access shall be taken from the street having the lesser functional classification. Cherry Ln. is a principal arterial and ACHD policy typically prohibits access from a principal arterial if access from a lesser classified street(N.Meridian Rd.)is available. ACHD has noted the existing access on Cherry Lane is not guaranteed to be allowed by ACHD as part of a future development application. If access is requested on Cherry Lane, an access analysis may be required to be submitted to ACHD for review prior to the submittal of the development application which may include a waiver. Staff notes the concept plan indicates the southern access being moved to the west,which would unlikely be supported due to spacing requirements with NW 3d St. ACHD has responded a TIS will likely be required for this project. As the purpose of this present application is very preliminary at this time, staff will await conditioning the access points until such time that future development applications and a TIS are submitted. However, staff does have concerns with the three access points along N. Meridian Rd.,whether ACHD would approve two additional accesses, and whether spacing for the northern access is adequate from W. Willowbrook Dr. (as well as shifting the existing access along W. Cherry Rd. to the west). Finally, future development in the area should also provide access to the west in accord with UDC 11-3A-3.NOTE: City Council has the ability to grant the proposed access points to the abutting arterials,however staff does recommend future decision should be deferred until ACHD has determined the appropriate access to this property,confirmed through a reviewed and approved traffic study. Internal circulation should be consistent with the mixed-use goals of providing wider sidewalks, street trees, complete streets and providing accessible pedestrian connectivity. Also,the Destination Downtown Plan anticipates a future transit line along W. Cherry Ln. This should be Page 9 Page 44 Item#1. considered in future circulation and multi-modal plans.At time of Certificate of Zoning Compliance for the three buildings as recommended by staff, or during time of the development agreement modification for development of the remainder of the property, additional analysis will be required, and may require a TIS at a later date. Staff is recommending a DA provision that the required DA mod for future development include a circulation plan that addresses future access points,internal and external automobile circulation,transit connectivity and locations of possible transit shelters, and multi-modal"complete street" design including pedestrian circulation plan consistent with mixed use development goals. 1. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail, office, and restaurant uses. The Plan does encourage vertically-integrated mixed-use buildings. The concept plan does not indicate these types of buildings at this time. However, as already mentioned, staff recommends only allowing development of the three commercial buildings along the W. Cherry Ln. frontage and south of the existing N.Meridian Rd. access for the first phase. If vertically integrated buildings are proposed,there are specific parking requirements per UDC 11-3C-6. Future planning land use applications will determine the required number of parking spaces for all uses. J. Pathways ( UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However, one of the main goals of a mixed-use designation is wider sidewalks, outdoor furniture, and safe non- motorized access and connectivity. Staff is recommending a DA provision that prior to any development on the site,the applicant provide a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development. A more comprehensive circulation plan will be required with future DA modifications so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. K. Sidewalks(UDC 11-3A-17): Sidewalks are already existing along the W. Cherry Ln. and N. Meridian Rd. frontages. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. L. Parkways (UDC 11-3A-1 No parkways are shown with the first conceptual plan,but any parkways associated with future development shall meet the requirements of UDC 11-3A-17. M. Landscaping(UDC 11-3B): A 25-foot wide landscape buffer is required adjacent to both W. Cherry Ln. and N.Meridian Rd., landscaped per the standards listed in UDC 11-3B-7C. Internal parking lot landscaping will be required per UDC 11-313-8, and a residential landscape buffer will be required along the western and northern property lines which abut existing residential zone districts. To ensure consistent and cohesive installation of landscape buffers,staff recommends a development agreement requirement that prior to any development of the site, a 25'wide landscape buffer shall be installed along the W. Cherry Ln. and N.Meridian Rd. frontages.This will require coordination with ACHD and the City regarding approved points of access. For any development beyond the first phase, staff recommends the applicant submit an open space plan that includes common useable areas, amenities, outdoor gathering places and plazas, Page 10 Page 45 Item#1. green spaces, and landscape buffering and transitioning between uses consistent with the objectives of the Mixed-Use Community designation. N. Qualified Open Space (UDC 11-3G): The Applicant has requested C-C zoning and has stated their intention of developing a mix of uses including retail commercial, office,restaurant,hotel and multifamily uses. In the C-C zone, multi-family residential is a conditional use and qualified open space will be required based on the square footages of units per the specific use standards in UDC 11-4-3-27(the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee; therefore,this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications). As mentioned,plazas,open spaces, gathering spaces and similar elements are mentioned in the Mixed-Use Community policies. The Plan also mentions establishing distinct, engaging identities within commercial and mixed-use centers through design standards. Development of future phases will require a complete open space and circulation plan that addresses interior building orientation, common useable areas, outdoor gathering places and plazas throughout the development. Staff recommends future development agreement modifications include a requirement for a prominent gateway and/or entry feature to announce the corner at the SE portion of the site.The applicant should coordinate with the City and MDC on this feature. O. Qualified Site Amenities (UDC 11-3G): As mentioned throughout this report, staff is recommending an entry feature or element at the southeast portion of the site,with open space, amenity and multimodal circulation plan required for future phases. Future multifamily development will require additional amenities as outlined in UDC 11-4-3-27. P. Waterways(UDC 11-3A-�: The Settlers Canal bisects the property east—west in approximately the center of the property. The canal will be required to be piped or designed as an amenity as required by UDC 11-3A-6. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. All water and sewer is available in N. Meridian Rd. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No building elevations were submitted with this application. As stated above, staff is only supporting the development of the first three buildings directly at the southeast portion of this site with this application. These buildings will be required to meet minimum architectural standards as required in the Architectural Standards Manual(ASM). However,the purpose of the mixed- use designation is to promote compatible land uses within a close geographic area to create sense of place with innovative and flexible design encouraged. Architectural design principles of mixed-use developments include a cohesive design theme,pedestrian oriented features such as increased ground floor transparency(windows), awnings,porches or other overhangs,pedestrian lighting,building relationship in regard to scale,massing and orientation, fagade differentiation, and 360-degree architecture. To ensure consistency as the development builds-out, Staff is recommending a DA provision that requires buildings to incorporate cohesiveness in design.Conceptual building elevations will be required with the development agreement modification required for future phases. Page 11 Page 46 Item#1. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject annexation request. 1. Summary of the Commission public hearing: a. In favor: Doug Tamura b. In opposition:None c. Commenting: Doug Tamura d. Written testimony: None e. Staff presentingApplication: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Earl Rice.representing Church of God directly adjacent to property,voiced concerns with potential traffic,potential height of buildings, and potential uses that could go there. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on October 12,2021.At the public hearing.the Council moved to approve the subject annexation and zoning requests. 1. Summary of the City Council public hearing a. In favor: Doug Tamura b. In opposition:None C. Commenting. Doug Tamura d. Written testimony: Ashley Ford-Squyres with Meridian Development Corporation testified in favor of the application. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Council discussed concerns regarding allowing the first three buildings without a comprehensive concept plan,whether amenities and open space had been considered. whether a taller hotel had been considered on the corner, could the entire project be master-planned,whether the applicant has been working with Meridian Development Corporation, and if staff had considered the transit corridors that were designated in the area. 4. City Council change(s)to Commission recommendation: a. City Council continued the case to October 26,2021 for staff and the applicant to prepare findings and a development agreement that allowed annexation and zoning to C-C. Page 12 Page 47 Item#1. b. Council conditioned the approval that prior to any development or building permit the applicant would submit a development agreement modification that included a comprehensive concept plan(s)that addressed all of the issues discussed including land use,motorized and non-motorized circulation,transit corridors,building size and placement, open space and amenities, architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. Page 13 Page 48 Item#1. VIL EXHIBITS A. Annexation and Zoning Legal Description EXHIBrT A A poftn of the East V2 of the SE /,of the SE''of Section 1,Township 3 North,Range 1 West,Eloise Meridian,Ada GDUOty, Idaho. described as rollows; Commend"at afound brass cap monume¢1f marking the SE comer of said Section 1 at the centerline Fntersection of West Cherry lane and North Meridian Read,from which a found alumirrunl cap monamentmarking the E t{.comer Df said Section bears N 00"18!02"E a distarure of 2548.32 feet; thence along said Ilene N 00"18'02"E a distance of 1324.35 feet to a found aluminum cap monument marki%the NE corer of said Eas#'i,of the ft I/,of toe SEX,the 3 11161�comer; th ence westerly along the north line of said East/z of the SE'/,of the SE'/,, N 89°27°32'VV a distance of 48.00 feet to a found M-�ei pin on thewesterty rights-of-way line of said North WMr an Road the POINT OF BEGJNNING. Thong southerly abng said rights,ff-way line the following six(6)courses_ 00"8'07 W a distance of 99.28 feel to a found steel pin_ S 02°24'02"W a distance of 600.40 feet to a found steel pin; S 00°18'02"4V a distance of 213_66 feel to a found sleet pin; S f 1'%57'W a distance of 31.62 feet to a found steel on; S WNW F a distance of 207.44 feat to a found steel pin; 44'07'37"W a distance of 33.30 Feet to a found steel pin on the northerly rights-of-way line of W st Cheery Lane; Thence along said nGfMerly rights-of-way Tina tha fol lowing Iwo(2)courses; 86443'49'VV a distance of 87.39 feat to a found steel pin; N 89"27'04"4V a disiamz cf 493.45 feet paraflel to and 434'northerly of the south bne of said Section 1 io a found Steel ph on the west line of said EastA of the SE 'l,4f the SE 1 ; Thence along said west llrbe N V33'34"E a distance of 287.46 Feet to a point; Thence leaving said line, S 88'30'30"f a d istance of 423.59 feet to a point; Thecae N 02`04'3T E a distance of 1091.14 feet to a point on the 1 00 fine of said East%of the GE 'l-0 of the SE 1/� Thence easterly along said line S 89°27'32°E a distance of 172.63feet to the POINT OF BE 1NNNG. T!a above-desfted tract of land conla ins TE9 acres more ar less Subject t4 ahi existing easements and rights-of-way. See Exhibit B attaed hereto arrd made park of, CL 879 Va 1{:tiE� r jectsl2D214 1 Q6 3h4dnititiLeg�Ps'.210603 cc Zone oesaipbon Ph 7 081921.¢ac ►b4 qq%�.'` Page 14 Page 49 Item#1. � 1 t - - ----- -- _ r AI tr i� { A�Siarr s t Dose I I ilk N I� Q ��IG I 14_� I�•ti F.�. 5 L r 1A,1111i A�, , I n, � IrTi i JJ g M ono It wo ; w 4r CA Page 15 Page 50 Item#1. B. Site Plan(date: 8/20/2021) HIM -- . rr ' Zn - N r I r ' I LO-1 I z 1 r r r AIIIIIII r - Staff supports this area being developed as the first phase. ® OL TFFI -- w cr�ErJxr w Page 16 Page 51 Item#1. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Prior to development or building permit,the applicant shall submit a development agreement modification that includes a comprehensive concept plan(s)that addresses all of the issues discussed including land use, landscaping,motorized and non-motorized circulation,transit corridors,building size and placement. entry features,open space and amenities,architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents. and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. b. With first phase of development,the applieant may develop up to duee (3) eeFmnereial Meridian Rd. as indieated on the attaehed eeneept plan with the following additional remits: 1. phase area will tie to fiAttr-e phases of the d&velapmeat with the first eet4ifieate of eemplianee pl t• 2. The . ..1;,.aw shall . .1in to with the City a-ad N4DC o the design of a o„t,-., featufe at the SE eemer-,near-the inter-seetion with the first eer-tifieate of zoning ,mil Ce===P==R="=ee. 3. The developer--shall l install 7 c'. i de 1 ands.ape buffer-s along W. !`l,ofFy La. a-ad N. Meridian Rd. in mee ce;04*l' UDC,vDC, 1-1r313-7. b. With any other-phase of future deNelopfnent,the developer-shall s4mit for--a the folio * a. General laya.,t and, n fig„- do f buildings f theremainder-of the site T ., u. of buildings shall a side-the py-ineiples of mixed ...;t.,o , sueh as >usable area, plaza ..t.,ti ,.4'L.,,ildi gs to st-Feet.,,..pep ,t green 0� � o o 0 to pedestria-n intefest and enelesur-e of spaee,walk-ability and 360 degree b. Page 17 Page 52 Item#1. with fnixed use development goals. c. Open spaee and amenity plan refle.ting eommon useable areas, amenities, outdoor-giltcher-ing plaees•green spaces, • la seape buf el=ing and tr-ansitioning between uses eofisist&4 with the objeetives of the Mi*ed Use Cofm*tmity designation. At least 5% of the total developable area shall be plazas,gathering pllaees, ete. This vr'ould 3e in addition to any open spaee or-afneait-y r-e"ir-efneffts for-multifamily development. d. Conceptual building elevations indicating eehesiveness in building design, pedestTian and street oriented features, and c. FtAufe development of the site shall eomply with design eoneepts established for-the new >000 ft > integrated buildings as one of the uses, 3. The development shall eefftain at least ffifee types of land uses,whieh could include veftiea4y o of the development area at gress densities ranging ffofn 6 to 15 ttnits/aer-e. Other-t:esidential densities fmay be eonsider-ed with a fitwr-e 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Access and the proposed street network shall be reviewed and approved by ACHD. B. PUBLIC WORKS GENERAL CONDITONS 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard. forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 18 Page 53 Item#1. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standard Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide records of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 19 Page 54 Item#1. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciU.oM1publ ic_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the annexation and proposed zoning map amendment to the C-C would be consistent with the Comprehensive Plan if all provisions of a Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of multiple types of residential and commercial uses. This will contribute to the range of housing Page 20 Page 55 Item#1. opportunities and goods and services available within the City and more employment opportunities in the Downtown Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed-Use Community designation. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; As long as Commission's recommended conditions of approval are followed, Council would find this annexation and zoning should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The subject property is a 17.88-acre enclave property on an intensely commercial intersection surrounded on all sides by existing development. Additionally, the new Northern Gateway Urban Renewal Plan is being developed with this property.As long as the property develops consistent with the Mixed-Use Community principles as discussed above and Commission's recommended conditions of approval are followed, Council finds this annexation would be in the best interest of the City. Page 21 Page 56 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for McFadden Property (H-2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. Page 64 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN: AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 17.88-acres of land with the C-C (Community Business District)zoning district,by Doug Tamura. Case No(s). H-2021-0048 For the City Council Hearing Date of: October 12, 2021 (Findings on October 26, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 12,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 12,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 12,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 12,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning to C-C is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 12,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of October 12, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -3- By action of the City Council at its regular meeting held on the 26th day of October 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E.Simison 10-26-2021 Attest: Chris Johnson 10-26-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-26-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -4- EXHIBIT A STAFF REPORT WE I COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT a�►H O HEARING 10/12/2021 Legend p , DATE: ff IJ Pra.�ent Lac dian s5 TO: Mayor&City Council -lid FROM: Alan Tiefenbach 3 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2021-0048 McFadden Property LOCATION: The site is located at 104 W. Cherry Lane, in the East %2 of the SE 1/4 of the SE miTFF rm rm FM m r 1/4 of Section 1,Township 3N,Range 1 W. I. PROJECT DESCRIPTION Annexation and zoning(AZ) of 17.88-acres of land with the C-C(Community Business District) zoning district. The main purpose for seeking annexation at this time is to ensure this area can be included as part of the Northern Gateway Urban Renewal Plan currently being developed by the Meridian Development Corporation(MDC). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 17.88 Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Rural Agricultural Proposed Land Use(s) Mixed Use Lots(#and type;bldg./common) One existing,future to be determined. Phasing Plan(#of phases) 2 Number of Residential Units(type N/A of units) Amenities Amenities will be determined with future build-out. Staff is recommending a development agreement provision that requires detailed amenity,open space and circulation plans after construction of the first phase. Physical Features(waterways, Settler's Canal bisects the property east to west. hazards,flood plain,hillside) Page 1 Description Details Page Neighborhood meeting date;#of June 23,2021 -6 Attendees attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(future proposals will require additional ACHD review). • Requires ACHD No Commission Action (yes/no) Access(Arterial/Collectors/State N.Meridian Rd.and W. Cherry Ln.(both Hwy/Local)(Existing and arterials). Proposed) Traffic Level of Service LOS>E Stub First phase will rely on access from N.Meridian Street/Interconnectivity/Cross Rd.and W. Cherry Ln. Access _ Existing Road Network I N.Meridian Rd.and W. Cherry Ln.(both arterials). Existing Arterial Sidewalks/ There are no existing buffers.Existing sidewalk Buffers between 5'-7'exists along the N.Meridian Rd. /W Cherry Ln.Rd.frontage. Proposed Road Improvements No proposed road improvements with the first phase. Distance to nearest City Park(+ 1/4 miles to Settlers Park size) Fire Service • 1 No comments on this phase. Police Service • Distance to Police No comments on this phase. Station West Ada School District • Distance(elem,ms,hs) No comments submitted Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.18 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Sewer is available in N.Meridian Rd. • Capacity availability will be determined when development is proposed for the property. Water Page 2 Description Details Page • Distance to Water 0 Services • Pressure Zone 2 • Estimated Project Water See Application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns No changes to public water infrastructure.Any changes to infrastructure must be approved by Public Works. Page 3 1 1 1 �� - . -■■■__= -�' ;�,�. F.■, +I��mm pia rh■ Y Ilk ME i ME MEN ONEULL AI VI EW CH E Y ! AAMEN Ellin So ��y MINE NO ■■ ■■ME, :-101001 �2 . __ .��t -� a i +t�,e �r .. .r�• :■ ■ IN MINE, —� �� 7 b..t i4 t - •- • 's It._ 1. on 0 MIN M ■■ ■■ ■■ ■ ■- ■ - m■_ nu r r, ■■■■■■MEMO NONE MINI ■ Y■ ■■��:S ■ ■ ■■�■-:S ■ MINE ■■■■■■ ■■� ■11 -, ■■� ■11 ■ ■ � IIIINNIIII IIIINNIIII ME! III ■ N N �_ r* # ■ ■uY■■I■■ �� ■ ■■■■u N. ■uuqu �i ■� ■,� MEN ■■■ ■ 1■ . MINI■ * ■Imom SIMEN 1■ . uuu :.� il� �� ■ . uuu i ■ �i . uuu �� 7■__ ini ME■ ■■ :... ■■■■■■■ ' is IS IS . IS ■ ■■ ■■ --- �-y-�••— * I' N■■ ■ ■■ ■■ _••_ ■� III NI■ III. APPLICANT INFORMATION A. Applicant: Doug Tamura— 1124 Santa Maria Dr,Boise, ID 83712 B. Owner: Kobe LLC- 1124 Santa Maria Dr,Boise,ID 83712 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 8/27/2021 Radius notification mailed to properties within 300 feet 8/25/2021 Sign Posting 9/7/2021 Nextdoor posting 8/26/2021 V. STAFF ANALYSIS A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary.A legal description and exhibit map for the annexation area and area of rezoning is included in Section VII. To ensure the site develops consistent with the Mixed-use Community design elements and future Northern Gateway concepts, staff recommends a development agreement to guide future development of the site. B. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) The FLUM designates the property for Mixed Use Community. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional (MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The Comprehensive Plan describes components of what would be considered mixed use. Elements pertinent to this proposal include: • At least three types of land uses; • Higher density residential development encouraged when there is a potential for an employment center; • Mixed Use areas typically being developed under a master or conceptual plan; during an annexation or rezone request, a development agreement; Page 5 • In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Transitional uses and/or landscaped buffering between commercial and existing low- or medium-density residential development; • Supportive and proportional public and/or quasi public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools being expected; • Being centered around spaces that are well-designed public and quasi public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered; and, • All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. In addition,the Plan discusses the following additional pertinent requirements for mixed use community: • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre; • Vertically integrated structures being encouraged; • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot buildingfootprint; The applicant submitted a conceptual plan as part of this application. The Plan shows three buildings oriented to the W. Cherry Ln. /N. Meridian Rd. corner with parking in the front of the W. Cherry Lane frontages, 5 more buildings to the north along N. Meridian Rd. with parking to the back and to the side, and a Phase Two in the center which is intended for future commercial office,retail,hotel or multifamily uses. The concept plan indicates restaurant,retail,hotel,office and multifamily family uses proposed for the site,which would be consistent with the requirement for at least three uses. Also,Phase Two does indicate a potential for a multifamily component, although there are no details provided at this time. The applicant's narrative suggests their intent is to develop the buildings shown along N. Meridian Rd. and W. Cherry Ln. as an initial phase,with uses including a gas station with convenience store, additional retail or office, and multifamily and/or hotel uses as a second phase. The applicant proposes that before any specific use may be constructed within Phase 11, a Development Agreement Modification must be approved that would include a conceptual plan for that area. Staff does support a limited amount of commercial construction occurring in the short term at the SE corner based on the concept plan that has been provided thus far,but does have concerns allowing complete build-out along both arterials as presently shown. As the Page 6 Item#2. intersection of W. Cherry Ln. and N. Meridian Rd. is intensely commercial, staff believes build-out in this immediate area could occur in the short term under the concept plan as shown and have limited impacts to the overall cohesiveness of the project. Also,because this intersection is so intensely commercial, staff believes it appropriate to have automobile- oriented uses directly at the intersection,with the buildings in this area providing a buffer for the buildings more internal to the project as well as allowing the buildings further to the north and along N. Meridian Rd.to transition to more integrated mixed use.Also,because this property would be the entrance into the Northern Gateway District, staff believes some type of entry or identity feature for this development appropriate. Based on the concept plan submitted by the applicant, staff recommends allowing development of the three commercial buildings along the W. Cherry Ln.frontage and south of the existing access at N.Meridian Rd. as the first phase of this development. A development agreement modification and detailed concept plans that are consistent with the mixed-use community designation of the Comprehensive Plan and the Northern Gateway District would be required prior to any additional development.However,as part of the first phase,staff recommends the development agreement require the building orientation account for a gateway or entry feature at the SE corner,near the intersection as will be discussed further in the qualified open space section. C. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) The Plan notes an intent of mixed use is to integrate a variety of uses, including residential. Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre. Although the intent of this application is to annex the property into the City so it is eligible to be included into the North Gateway Plan and for development of the first three commercial buildings, the applicant has indicated a residential component on the concept plan in a future phase. Types of housing and the density would be addressed in this future phase, but because this residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01G) As mentioned above, although residential is not planned with this current phase, given the nature and density of housing that would occur in this mixed-use center under future development, it would likely increase diversity in housing. • Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers. (2.01.01H) The Destination Downton Plan indicates W. Cherry Ln. as a future transit line, and N. Meridian Rd. is a major commercial corridor. The site is located on a major commercial intersection, with a range of services including a grocery store, directly across N. Meridian Rd. to the east. There are numerous employment opportunities in this area, and it is adjacent to what is still considered the Downtown Area. • Support redevelopment and infill opportunities Downtown. (2.09.01) The subject parcel is an enclave parcel with all surrounding land developed and existing infrastructure available. This would be considered infill development. Page 7 Page 75 Item#2. • Develop concept plans of potential destination activities and promote appropriate development,infill, and redevelopment of activity centers. (2.09.03E) This application is to annex the property into the City so Meridian Economic Development Corporation can include the property into the new Northern Gateway Plan, and to allow the applicant to construct the first three buildings. As mentioned, a development agreement modification will be required for any future phases, which will include detailed concept plans. This project is eventually intended to be an activity center. • Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. (3.07.02A) Staff is recommending a development agreement provision that will require the developer to submit a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A complete pedestrian circulation will be required as part of the development agreement modification for future phases. • Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability. This project is intended to develop as a mixed-use center. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) This property is located on the intersection of W. Cherry Ln. and N. Meridian Rd., both key transportation corridors, and W. Cherry Ln. is anticipated to eventually be a transit line. D. Existing Structures/Site Improvements: The property is presently vacant, although it is being used for horse pasture. E. Proposed Use Analysis: At this time,proposed uses are only conceptual. However,the Applicant's concept plan depicts multi-family residential, commercial,hotel and office/retail uses. This application is requesting C-C zoning. All the above uses are principally-permitted except for multi-family residential, which is a conditional use in the C-C zoning district per UDC Table 11-2A-2. As mentioned in the comprehensive plan analysis above,this property is recommended for mixed use community uses,with an intent to provide community-serving uses and dwellings seamlessly integrated into the urban fabric and an integrated variety of uses. Use requirements include at least three types of land uses,higher density residential,and at least 20%residential at gross densities ranging from 6-15 unit/acre,but a mixed-use designation is not intended for high density residential development alone. Vertically integrated structures are encouraged,but unless a structure contains a mix of both residential and office,or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint unless it is a grocery store,which can have a footprint up to 60,000 sq. ft. Plazas, open spaces,gathering spaces and similar should comprise at least 5%of the developable area. As mentioned,based on the submitted concept plan, staff is amenable to supporting development of the first three commercial buildings along the W. Cherry Ln. frontage and south of the existing access along N. Meridian Rd. in the short term but believes more detailed concept plans should be approved before further buildout can occur in order to ensure this development is representative of the type of mixed-use development illustrated by the Plan. In addition to the other DA requirements already listed, Staff recommends a DA provision that limits building footprints to 30,000 sq.ft or 60,000 sq.ft for a grocery store unless vertically-integrated Page 8 Page 76 Item#2. structures are proposed,a requirement that at least 20% of the square footage in future phases be residential, and at least 5% of the developable area being plazas,gathering places,etc. This would be in addition to any open space or amenity requirements for multifamily development. F. Specific Use Standards(UDC 11-4-3): The concept plan indicates a wide range of commercial retail,office,hotel and multifamily uses. At time of development agreement modification or Certificate of Zoning Compliance proposed development will be reviewed against the specific use standards of UDC 11-4. G. Dimensional Standards(UDC 11-2): All future lots,buildings and public streets shall be required to meet all UDC dimensional standards. This includes property sizes,required street frontages,road widths, and development consistent with the mixed-use community principles listed in the Comprehensive Plan. H. Access(UDC 11-3A-3, 11-3H-4): The property is presently served by two arterials -W. Cherry Lane and N. Meridian Rd.N. Meridian Road is improved with 5 travel lanes, curb, gutter, and 5-foot wide concrete sidewalk abutting the site. Cherry Lane is improved with 5 travel lanes,curb, gutter, and 7-foot wide attached concrete sidewalk abutting the site to the east of the existing driveway on Cherry Lane. There is 5-foot wide attached concrete sidewalk abutting the site to the west of the driveway. The concept plan shows 3 access points from N. Meridian Rd., one access from W. Cherry Ln.,and a stub to the office park at 3537 Hunters Cir. There are two existing curb-cuts providing access to the property. There is an existing 26-foot- wide driveway from N. Meridian Rd. approximately 500 feet north of Cherry Ln., and a 26-foot- wide curb cut driveway providing access from Cherry Ln. approximately 300 feet west of N. Meridian Rd.ACHD has responded that if a property has frontage on more than one street,access shall be taken from the street having the lesser functional classification. Cherry Ln. is a principal arterial and ACHD policy typically prohibits access from a principal arterial if access from a lesser classified street(N.Meridian Rd.)is available.ACHD has noted the existing access on Cherry Lane is not guaranteed to be allowed by ACHD as part of a future development application. If access is requested on Cherry Lane, an access analysis may be required to be submitted to ACHD for review prior to the submittal of the development application which may include a waiver. Staff notes the concept plan indicates the southern access being moved to the west,which would unlikely be supported due to spacing requirements with NW 3d St. ACHD has responded a TIS will likely be required for this project.As the purpose of this present application is very preliminary at this time, staff will await conditioning the access points until such time that future development applications and a TIS are submitted. However, staff does have concerns with the three access points along N. Meridian Rd.,whether ACHD would approve two additional accesses, and whether spacing for the northern access is adequate from W. Willowbrook Dr. (as well as shifting the existing access along W. Cherry Rd.to the west). Finally, future development in the area should also provide access to the west in accord with UDC I I-3A-3.NOTE: City Council has the ability to grant the proposed access points to the abutting arterials,however staff does recommend future decision should be deferred until ACHD has determined the appropriate access to this property,confirmed through a reviewed and approved traffic study. Internal circulation should be consistent with the mixed-use goals of providing wider sidewalks, street trees, complete streets and providing accessible pedestrian connectivity. Also,the Destination Downtown Plan anticipates a future transit line along W. Cherry Ln. This should be Page 9 Page 77 Item#2. considered in future circulation and multi-modal plans.At time of Certificate of Zoning Compliance for the three buildings as recommended by staff,or during time of the development agreement modification for development of the remainder of the property, additional analysis will be required, and may require a TIS at a later date. Staff is recommending a DA provision that the required DA mod for future development include a circulation plan that addresses future access points,internal and external automobile circulation,transit connectivity and locations of possible transit shelters, and multi-modal"complete street"design including pedestrian circulation plan consistent with mixed use development goals. I. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office, and restaurant uses. The Plan does encourage vertically-integrated mixed-use buildings. The concept plan does not indicate these types of buildings at this time. However, as already mentioned, staff recommends only allowing development of the three commercial buildings along the W. Cherry Ln. frontage and south of the existing N.Meridian Rd. access for the first phase. If vertically integrated buildings are proposed,there are specific parking requirements per UDC 11-3C-6. Future planning land use applications will determine the required number of parking spaces for all uses. J. Pathways( UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed-use designation is wider sidewalks, outdoor furniture,and safe non- motorized access and connectivity. Staff is recommending a DA provision that prior to any development on the site,the applicant provide a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development. A more comprehensive circulation plan will be required with future DA modifications so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. K. Sidewalks(UDC 11-3A-1 Sidewalks are already existing along the W. Cherry Ln. and N. Meridian Rd. frontages. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. L. Parkways(UDC 11-3A-17): No parkways are shown with the first conceptual plan,but any parkways associated with future development shall meet the requirements of UDC 11-3A-17. M. Landscaping(UDC 11-3B): A 25-foot wide landscape buffer is required adjacent to both W. Cherry Ln. and N. Meridian Rd., landscaped per the standards listed in UDC 11-313-7C. Internal parking lot landscaping will be required per UDC 11-3B-8, and a residential landscape buffer will be required along the western and northern property lines which abut existing residential zone districts. To ensure consistent and cohesive installation of landscape buffers, staff recommends a development agreement requirement that prior to any development of the site, a 25' wide landscape buffer shall be installed along the W. Cherry Ln. and N.Meridian Rd. frontages.This will require coordination with ACHD and the City regarding approved points of access.For any development beyond the first phase,staff recommends the applicant submit an open space plan that includes common useable areas,amenities,outdoor gathering places and plazas, Page 10 Page 78 Item#2. green spaces, and landscape buffering and transitioning between uses consistent with the objectives of the Mixed-Use Community designation. N. Qualified Open Space(UDC 11-3G): The Applicant has requested C-C zoning and has stated their intention of developing a mix of uses including retail commercial, office,restaurant,hotel and multifamily uses. In the C-C zone, multi-family residential is a conditional use and qualified open space will be required based on the square footages of units per the specific use standards in UDC 11-4-3-27 (the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee;therefore,this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications). As mentioned,plazas, open spaces, gathering spaces and similar elements are mentioned in the Mixed-Use Community policies. The Plan also mentions establishing distinct, engaging identities within commercial and mixed-use centers through design standards. Development of future phases will require a complete open space and circulation plan that addresses interior building orientation, common useable areas, outdoor gathering places and plazas throughout the development. Staff recommends future development agreement modifications include a requirement for a prominent gateway and/or entry feature to announce the corner at the SE portion of the site.The applicant should coordinate with the City and MDC on this feature. O. Qualified Site Amenities(UDC 11-3G): As mentioned throughout this report, staff is recommending an entry feature or element at the southeast portion of the site,with open space, amenity and multimodal circulation plan required for future phases. Future multifamily development will require additional amenities as outlined in UDC 11-4-3-27. P. Waterways(UDC 11-3A-6): The Settlers Canal bisects the property east—west in approximately the center of the property. The canal will be required to be piped or designed as an amenity as required by UDC 11-3A-6. Q. Utilities(UDC 11-3A-21): Public services are available to accommodate the proposed development. All water and sewer is available in N. Meridian Rd. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No building elevations were submitted with this application. As stated above, staff is only supporting the development of the first three buildings directly at the southeast portion of this site with this application. These buildings will be required to meet minimum architectural standards as required in the Architectural Standards Manual(ASM). However,the purpose of the mixed- use designation is to promote compatible land uses within a close geographic area to create sense of place with innovative and flexible design encouraged. Architectural design principles of mixed-use developments include a cohesive design theme,pedestrian oriented features such as increased ground floor transparency(windows),awnings,porches or other overhangs,pedestrian lighting,building relationship in regard to scale,massing and orientation, fagade differentiation, and 360-degree architecture. To ensure consistency as the development builds-out, Staff is recommending a DA provision that requires buildings to incorporate cohesiveness in design. Conceptual building elevations will be required with the development agreement modification required for future phases. Page 11 Page 79 Item#2. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on September 16,2021.At the public hearing.the Commission moved to recommend approval of the subject annexation request. 1. Summary of the Commission public hearing: a. In favor: Doug Tamura b. In opposition:None c. Commenting: Doug Tamura d. Written testimony e. Staff presenting application: Alan Tiefenbach f Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Earl Rice.representing Church of God directly adjacent to property.voiced concerns with potential traffic,potential height of buildings, potential uses that could go there. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City-Council heard this item on October 12,2021. At the public hearin .tg�he Council moved to approve the subject annexation and zoning requests 1. Summary of the City Council public hearing a. In favor: Doug Tamura b. In opposition:None c. Commenting: Doug Tamura d. Written testimony: Ashley Ford-Squyres with Meridian Development Corporation testified in favor of the application. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Council discussed concerns regarding rding allowing the first three buildings without a comprehensive concept plan,whether amenities and open space had been considered. whether a taller hotel had been considered on the corner, could the entire project be master-planned,whether the applicant has been working with Meridian Development Corporation, and if staff had considered the transit corridors that were designated in the area. 4. City Council change(s)to Commission recommendation: a. City Council continued the case to October 26,2021 for staff and the applicant to prepare findings and a development agreement that allowed annexation and zoning C-C. b. Council conditioned the approval that prior to any development or building permit the applicant would submit a development agreement modification that included a Page 12 Page 80 Item#2. comprehensive concept plan(s)that addressed all of the issues discussed including land use,motorized and non-motorized circulation,transit corridors,building size and placement, open space and amenities, architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. Page 13 Page 81 Item#2. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions S ENG E YRI TS ON L.A ND S UR VEYS, Pf L C. 2 51,S. Sumac Shr el, BaiS%, l-daho 83706 Tekphone(209)859-032 rrrlkgW&;rveys.coca 28 J une 2021 ELS Project No.210603 Land Nscn;pton Rezone Phase 1 to CC ;:ontmns 343,531 spin tm of 7.89 acres mors or less EXHIBIT A A portion of the East'/2 of the SE Y,of the SE V.of Section 1,Township 3 North.lama 1 We8t Boise Mendian.Ada t< nty,Who,described 83 follom: Commencing at a found bras cap mmum5nt rnarkfng the SE comer of sald Section t at the center line inkrseion of West Cherry Lane and NorM Meridian Road,from which a Bound aluminum tap monument marking the E'/,comero#said Sedon bears N 00"18'02'E a distance of-1648.32 feet;thence akmg said line N 00°1$'ip2'E a dlstenre of 1324.35 fW W a bund aluminum cep mwurnent marking the NE comer of seed East'/,of the SE Y4 of the SE a,the S 1JJ@h gamer; thwce mestarly along t#re north tine of said East of the SE%al the SE Yr N 99°27'32'W a distance of 48_i 6 f ml to a found steel fin on the westerly rights-or-ray One of said North Muldian Raid the MNT OF BEGINNING. Them southerly along said rights-of-wey line the followin j six( courses; 00"I V0T W a distance of 9$_26 leer to a found steed pin; S 02024'02"W a distance V§W.40 feat to a found sloe€pin; S 00018'02`W a dks# wir of 213.66 feet to a found steel On: S f 1" '57'W a distance of 31.62 feet to a found steel pick; S 00°3fi-OV E a distance of 307.44 feet to a fou nd steel pin: 44W37a W a distance of 33_30 fWto a found steel pin on the northerly righLwf-way tine of Weal Cheery Lane; Thence along said northerly rights-of."y line the Bing two(2)courses; S W4349'W a distance of 87.39 feet to a found steel-pin; N 89°27'04'VW a distance of 493.45 feet par AW to and 43.00'northerly of the sw h fine of said Section 1 go-a found steel pin on the nest free of said East Y2 of the SE Y4 of the Sf'/.; Thence Ang sald wW line N 00"33'X E a distance of 287.46 feet to a paint Theara ieaMlrbg said tine,S 88°30V E a distance of 423.59 feet hD a point' Thence N 02000'39'E a fttance of 1001.14 feet to a poirrt an the rkarth line of said East 14 of the SE Y4 of the SE Y4; Thence easterly arlorrg said lime S 89'2T3T E a distance of 172_B3 feet 6a the POINT OF BEGIh1fVFNG. Tm above4noribed tract of land contains 711a acmes more ar less subject to all e>astng eaeernenfs and rights-of-way. Sae Exhibit B atfached hereto and made part of. rkS `:tiELS5Ro, sl2C211F 06'�4S4*,w,U egWIs1210uDj z e t�escrlp4ion Ph {16192 _tlot � s3` Or f9 Jti 4. Page 14 Page 82 Item#2. ELS ENGEBRITSONLAND S UR VEY5, ,PLLC: 2251 S. Sumac Street, noise, Idaho 83706 Telepfrorre(208) 859-6O32 rx&e@0surveys,com 28 AiFw=1 ELS P'r*et No.21 i Land Description Bone Phase 2 to CC Captains 435,089 square Feet or 9,Be arwes more of less EXHI9tT A A Px tin of the East Of the SE'!.of the SE 1 of Saaciaon 1,Township 3 North,qar ge 1 West Boise Meridian.Ada County,Idaho,descried as falfows: Camnlencing at a f0w4 brass cap monument Fmridpg the SE co Mer of said Section 1 at the center line inkcsobrt of 41W Gerry Lwe and North Mericgan Road,tram which a found aluminurn cap monument rrrarWng the F'/.corner or said Sectln b%u N W18i02'E a dig#anceof 2648,32 Bust thence along saed lire N 00118' h E a distance of 1324-35 fcetto a fotmd aruminum cap mortumer#marking ttte NE comer of said East i2 oFthe SE%+of the SE*/.,the S 111611Qumer, thence weslerly along the rffM line of s6d Easy A of the SE'/4 cf the SE Y4. N W2732'w a distance of 48-00 feet to a found steal pin on the westerly rights-af-way line of said North Merlon Road:hence oar&uiq along sand nxth liras,N 89°2732'W a dis nce of 172.63 feet to the POINT OF BEGINNING. Theme Ieaong said Irne it 02"00'39'W is distance of IDD1,14 feet to a pant; Therrce N W3D'30'W a distance of 423.%Feet to a point on the w1�st gene of said East Y2of the SE Y.0 the SE 'l,, Thence nor#herty along SW west Jima,N QO W34'E a distance of 993.79 feet to a fbLrnd stwl pin monument marking ilhe NW eorriar of Bald East%of the SE%of the E Y4- Ther.pe eastetiy along the north Irne of said East'/2 of the SE�of the SE'A S 99.2737 E a distance of 448.90 feet to the POINT OF SEOIRNI MG. Tire abym-dmribed tiaot of Land Wntain 4.99 acres more or less subjW to all existing easements and rights-af-way. See Exhibit B atta0wed hereto eruct made part of. OF VD s' Zo Azfg a[}2+ K:tiELSTtMM12D211210W3 44hin)LegAA210M Oyu Zone Caegiptw pit 2IM1921,Gbc Page 15 Page 83 Item#2. I r� I #� a aerrr� _1000 Rim � � � I co liz I ��aa4 p� 7+I s rraY�■ M ifYlEr• M77lP ��_—_—��}�•4_ti r � ______ AYL'. 1 4 Page 16 Page 84 Item#2. B. Site Plan(date: 8/20/2021)(NOT APPROVED) I ' -- - ---- -------- - 1 ' LU II I j O AM&W AIIIIIII 1-i I I I I I I I I I I III I U 6TM01- Staff supports this area being UJ developed as the .4c first phase. ® CL ILE - ---- --------- W CNERRC L.N Page 17 Page 85 Item#2. VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at minimum,incorporate the following provisions: a. Prior to development or building permit,the applicant shall submit a development agreement modification that includes a comprehensive concept plan(s)that addresses all of the issues discussed including land use,landscaping.motorized and non-motorized circulation,transit corridors,building size and placement, entry features,open space and amenities,architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents, and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. b. , Meridian Rd. as indieated on the attaehed eeneept plan with the fellowing additieffal eats: 1. The appheant shall submit a plan illustfating how pedestrian eenneetieffs iff the fifSt phase area will tie to future phases of the development with the fifst eef4i reate, eft 2. The appheafft shall eeer-dinate with the City and N4DG on the design of an efit—i�', featufe at the SE eafner-, neaf the inter-seetion with the first eeftifieate of zoning ..l Ce===P==R="=ee. 3. The developer-shall install 25'wide landseape buff-er-s along W. Cheffy Ln. a-ad . ;=eria:�ece cew t TAT 3B 7. b.With affy other-phase of future development,the developer-shall smart the folio * a. General layout and, nfig,,,-.,tio 4'buildings f the remainder-of the site. plazaLayetA of buildings shall eensider-the pr-ineiples of mixed use eemmunity, 00 spaee, oont.,t;,,v. of buildings to s4eets,..pes t , ea4e v. A eircazirtf6 e a- te-scrcccs including street er-0$5 eir-ettlation> > possible t..ans t shelters if future t,-.,ns t; pr-ejeeted i this multi n Page 18 Page 86 Item#2. modal"eomplete street" design including pedestrian eonneetivi with mixed use development goals. e. Opener Eeznd amenity plan r-ef4eeting Eemmea t1seable-areas,-affieni ies-, et4doergatheringpkaEes a��tias, green spaees,—«z-ads er3ng Use Conununity designation. At least 51% of the total developable area shall be plazas, ga4her-ingplaees, ete. This wouldbe in addition to ai*y open spaee design,or-amenity requirements for-multifamily development. pedestrian-ccnaritreet-eiTent r, crm�360 acgFee-arehiteete�� e. Futffe development of the site shall eomply with design coneepts established for the ne 2. , 3. The development shall eentain a4 least thfee types of land uses, integrated buildings as one of the uses. 4. ° of the development area at gress densities ranging fr-om6 — 1-5 —1.. /aere. Other-r-esidefAial densities may be eensider-ed with a ftttufe 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Access and the proposed street network shall be reviewed and approved by ACHD. B. PUBLIC WORKS GENERAL CONDITONS 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard. forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 19 Page 87 Item#2. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer.Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standard Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide records of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 20 Page 88 Item#2. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancitE.oMIpublic works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the annexation and proposed zoning map amendment to the C-C would be consistent with the Comprehensive Plan if all provisions of a Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of multiple types of residential and commercial uses. This will contribute to the range of housing Page 21 Page 89 Item#2. opportunities and goods and services available within the City and more employment opportunities in the Downtown Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed-Use Community designation. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; As long as Commission's recommended conditions of approval are followed, Council would find this annexation and zoning should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The subject property is a 17.88-acre enclave property on an intensely commercial intersection surrounded on all sides by existing development.Additionally, the new Northern Gateway Urban Renewal Plan is being developed with this property. As long as the property develops consistent with the Mixed-Use Community principles as discussed above and Commission's recommended conditions of approval are followed, Council finds this annexation would be in the best interest of the City. Page 22 Page 90 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Kobe LLC (Owner/Developer) for McFadden Property (H-2021-0048), Located at 104 W. Cherry Ln. ADA COUNTY RECORDER Phil McGrane 2021-155199 BOISE IDAHO Pgs=36 HEATHER LUTHER 10/27/2021 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Kobe LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of October--, 2021, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Kobe LLC whose address is 732 N. Santa Paula Place,Boise,fD 83712, hereinafter called OWNER/DEVELOPER. I. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property;and 1.2 WHEREAS,Idaho Code§67-65 11 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application(H-2021-0048) for annexation and zoning of 17.88 acres of land with the C-C (Community Business District) zoning district on the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Propertywi I I be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT-McFADDEN PROPERTY(11-2021-0048) PAGE JoF7 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 12'h day of October, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPOER: means and refers to Kobe LLC,whose address is 732 N. Santa Paula Place, Boise, ID 83712, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 2 OF 7 Item#3. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Prior to development or building permit, the applicant shall submit a development agreement modification that includes a comprehensive concept plan(s)that addresses all of the issues discussed including land use, landscaping, motorized and non- motorized circulation, transit corridors, building size and placement, entry features, open space and amenities, architecture, the recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-MCFADDEN PROPERTY(H-2021-0048) PAGE 3 OF 7 Page 94 Item#3. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 4 OF 7 Page 95 Item#3. UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E.Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Kobe 30 LLC 732 N. Santa Paula Place Boise, ID 83712 14.1 A party shall have the right to change its address by delivering to the other parry 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 parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 5 OF 7 Page 96 Item#3. owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each parry shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—WFADDEN PROPERTY(H-2021-0048) PAGE 6 OF 7 Page 97 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OW4ER19D) VELOPER: Ko By: ra Its: CITY OF MERIDIAN ATTEST: By: o.� Mayo/r'k, ert E. imison 10-26-2021 Chris Johnson, ity Clerk'1'°'```` 6-2021 WGu 1 STATE OF ) Q,J✓bU : ss: County of A ) On this AcLk^day of Wi IO lr- ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared Doug Tamura known or identified tome to be the DV In W of Kobe LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said 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. ;N N O A,��f� �jiSolpj�.,r00` r; Notary Public for StMC ofwo1 i I BLIC•' Residing at: (Ivk, aAAu.i My Commission Expires: 0(Q D p23 STATE OF IDAHO ss ! (Pj r9.; County of Ada ) ,'� O F H On this 26th day of October 2021, before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �} CHARLENE WAY i r COMMISSION#67390 � � Notary Public for Idaho NOTARY PUBLIC STATE OF IDAHO Residing at: Meridian, Idaho nsr coMmrssroN EXPIRES s 3128e22 Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—MCFADDEN PROPERTY(H-2021-0048) PAGE 7 OF 7 Page 98 EXHIBIT A Item#3. ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 28 June 2021 ELS Project No. 210603 Land Description Rezone Phase 1 to CC Contains 343,531 square feet or 7.89 acres more or less EXHIBIT A A portion of the East 11/2 of the SE %of the SE%of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho,described as follows: Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E%comer of said Section bears N 00°18'02"E a distance of 2648.32 feet; thence along said line N 00°18'02" E a distance of 1324.35 feet to a found aluminum cap monument marking the NE comer of said East%of the SE %of the SE%, the S 1116'h corner; thence westerly along the north line of said East%2 of the SE'/4 of the SE l4, N 89°27'32"W a distance of 48.00 feet to a found steel pin on the westerly rights-of-way line of said North Meridian Road the POINT OF BEGINNING. Thence southerly along said rights-of-way line the following six (6)courses: S 00018'02" W a distance of 99.28 feet to a found steel pin; S 02°24'02"W a distance of 600.40 feet to a found steel pin; S 00'18'02"W a distance of 213.66 feet to a found steel pin; S 11°59'57"W a distance of 31.62 feet to a found steel pin; S 00°36'00"E a distance of 307.44 feet to a found steel pin; S 44°07'37"W a distance of 33.30 feet to a found steel pin on the northerly rights-of-way line of West Cheery Lane; Thence along said northerly rights-of-way line the following two(2)courses; S 86°43'49"W a distance of 87.39 feet to a found steel pin; N 89027'04"W a distance of 493.45 feet parallel to and 43.00' northerly of the south line of said Section 1 to a found steel pin on the west line of said East X2 of the SE '/4 of the SE '/4; Thence along said west line N 00033'34" E a distance of 287.46 feet to a point; Thence leaving said line,S 88030'30" E a distance of 423.59 feet to a point; Thence N 02°00'39"E a distance of 1001.14 feet to a point on the north line of said East%of the SE%of the SE X; Thence easterly along said line S 89°27'32" E a distance of 172.63 feet to the POINT OF BEGINNING. The above-described tract of land contains 7.89 acres more or less subject to all existing easements and rights-of-way. See Exhibit B attached hereto and made part of. T 870Va K:IELSIProlects120211210603%dmin\Legaist210603 CC Zone Description Ph 1 081921.doc - O n ; McFadden Property-H-2021-0048-Exhibit A to DA oe r Page 99 Item#3. LLS ENGEBRITS4N LAND SURVEYS PLL C. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.corn 28 June 2021 ELS Project No. 210603 Land Description Rezone Phase 2 to CC Contains 435,083 square feet or 9.99 acres more or less EXHIBIT A A portion of the East%2 of the SE '/of the SE %of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, described as follows: Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E '/comer of said Section bears N 00'18'02"E a distance of 2648.32 feet; thence along said line N 00"18'02"E a distance of 1324.35 feet to a found aluminum cap monument marking the NE comer of said East%of the SE%of the SE %, the S 1116th corner; thence westerly along the north line of said East%of the SE%of the SE %, N 89°27'32"W a distance of 48.00 feet to a found steel pin on the westerly rights-of-way line of said North Meridian Road;thence continuing along said north line, N 89°27'32"W a distance of 172.63 feet to the POINT OF BEGINNING. Thence leaving said line S 02°00'39"W a distance of 1001.14 feet to a point; Thence N 88030'30"W a distance of 423.59 feet to a point on the west line of said East%2 of the SE %of the SE '�a Thence northerly along said west line, N 00°33'34"E a distance of 993.79 feet to a found steel pin monument marking the NW comer of said East%2 of the SE %of the SE %; Thence easterly along the north line of said East%of the SE '/of the SE%, S 89°27'32"E a distance of 448.90 feet to the POINT OF BEGINNING. The above-described tract of land contains 9.99 acres more or less subject to all existing easements and rights-of-way. See Exhibit B attached hereto and made part of. 7 3 � zoz.- K:1ELS1Projects1202112106031AdminlLegalsX210603 CG Zone Description Ph 2 081921.doc Page 100 Item#3. ti IOR I v O � ° S i� 6 IE � g � y'a$F Gvi Q yl O N E nip N 4 R � ii N LJ 0 � i f ~ E; IL His I 2 p N r f I v�$ zp � �a rca�ceic � 1< CCo! gi U- z` H o � �� i Ern z o 'sow � qa ¢ �tE .nsrza a_oeorss s In 5+4•07.3r w SZ399 I 675.90' $8G43.49�w 6 k z z7 W. CHE6RY asz7ros w sss. !2 7 L. FAIRVIEIV AVE. �� LN. � ` ------------- 5� Page 101 EXHIBIT B Item#3. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW CVIERI AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 17.88-acres of land with the C-C (Community Business District)zoning district,by Doug Tamura. Case No(s).H-2021-0048 For the City Council Hearing Date of: October 12,2021 (Findings on October 26,2021) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 12, 2 02 1, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 12,2021, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 12, 2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY--FILE# H-2021-0048) Page 102 Item#3. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning to C-C is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 12, 2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years, may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with. 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY—FILE# H-2021-0048) -2- Page 103 Item#3. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code, F. Attached: Staff Report for the hearing date of October 12, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY—FILE# H-202I-0048) -3- Page 104 By action of the City Council at its regular meeting held on the 26th day of October 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E.Simison 10-26-2021 Attest: Chris Johnson 10-26-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-26-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -4- Item#3. EXHIBIT A STAFF REPORT (�VE COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 10/12/2021 legend DATE: �F•oec'Lacaion � `s TO: Mayor&City Council dd-- FROM: Alan Tiefenbach 208-884-5533 Bruce Freckleton, Development Services Manager r 208-887-2211 SUBJECT: H-2021-0048 McFadden Property LOCATION: The site is located at 104 W. Cherry Lane, in the East'/z of the SE '/4 of the SE � � F7n Min rrm '/4 of Section 1, Township 3N,Range 1 W. I. PROJECT DESCRIPTION Annexation and zoning(AZ)of 17.88-acres of land with the C-C(Community Business District) zoning district.The main purpose for seeking annexation at this time is to ensure this area can be included as part of the Northern Gateway Urban Renewal Plan currently being developed by the Meridian Development Corporation(MDC). 11. SUMMARY OR REPORT A. Project Summary Description Details Page Acreage 17.88 Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Rural Agricultural Proposed Land Use(s) Mixed Use Lots(#and type;bldg./common) One existing,future to be determined. Phasing Plan(#of phases) 2 I Number of Residential Units(type N/A of units) Amenities Amenities will be determined with future build-out.Staff is recommending a development agreement provision that requires detailed amenity,open space and circulation plans after construction of the first phase. Physical Features(waterways, Settler's Canal bisects the property east to west. hazards,flood plain,hillside) Pagel Page 106 Item#3. Description Details Page Neighborhood meeting date;#of June 23,2021 -6 Attendees attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada Coun Hi hwaX District • Staff report(yes/no) Yes(future proposals will require additional ACHD review). • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State N.Meridian Rd.and W. Cherry Ln. (both Hwy/Local)(Existing and arterials). Proposed) Traffic Level of Service LOS>E Stub First phase will rely on access from N.Meridian Street/Interconnectivity/Cross Rd.and W.Cherry Ln. Access Existing Road Network N.Meridian Rd.and W.Cherry Ln. (both arterials). Existing Arterial Sidewalks/ There are no existing buffers.Existing sidewalk Buffers between 5'-7' exists along the N.Meridian Rd. 1W Cherry Ln. Rd.frontage. Proposed Road Improvements No proposed road improvements with the first phase. Distance to nearest City Park(+ '/<miles to Settlers Park size Fire Service • I No comments on this phase. Police Service • Distance to Police No comments on this phase. Station West Ada School District • Distance(elem,ms,hs) No comments submitted Wastewater rn • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.18 Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Comments • Sewer is available in N.Meridian Rd. • Capacity availability will be determined when development is proposed for the property- Water Page 2 Page 107 Item#3. Description Details Page • Distance to Water 0 Services • Pressure Zone 2 • Estimated Project Water See Application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns No changes to public water infrastructure.Any changes to infrastructure must be approved by Public Works. Page 3 Page 108 1 1 1 U �� _ C -_ AL VIEW ,�; ;,- Cf I E Ftlf- -- gL RVI_ W== ■ 4 t 2 ■ i 111 ��■ MrIL'! ""—. x 7 1 rrl till. '2.& ME MIMI 01■� r � � _ � i a _ f . IN 1 I r I lu low r 11■t■■■ L � A ■t■qN � 1 1EI■�I t _ INM■ �_ �y ■■l!■1 ■■■■■ R_a. .�� ■R■1M ■uut � � ��FULMr� l • ■s•--- ♦� r.. .■ ill■ — - �, �■■il�ctnt�ti AL EMIRS zz INN ■ ■.mow nuuLn�li� ��uuu+ulu3l{�— Y•7Y — ■ �; — •. . , � �- *,k■,•Ire ==■ iL �! Ilu • W r��r ■ � �=i7tlnt� CZ so., =L�t■ �4= ■■ ■ a•I • • �■ tl` 'bau■iu is aa� �I■. ■■ ■■ �■■■ rr !■ ter/'� 7■■■ttuut■>.: iltll■ NYIrM ■ NO ■�U■IF■■sn■■u • wl!■ ■Raft■rr■ ■ice R : lilE� �.�gull r/IEI•nnu■■■a Item#3. III. APPLICANT INFORMATION A. Applicant: Doug Tamura— 1124 Santa Maria Dr,Boise, ID 83712 B. Owner: Kobe LLC- 1124 Santa Maria Dr,Boise, ID 83712 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 8/27/2021 Radius notification mailed to properties within 300 feet 8/25/2021 Sign Posting 9n1202I Nextdoor posting 8/26/2021 V. STAFF ANALYSIS A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary.A legal description and exhibit map for the annexation area and area of rezoning is included in Section VII.To ensure the site develops consistent with the Mixed-use Community design elements and future Northern Gateway concepts, staff recommends a development agreement to guide future development of the site. B. Future Land Use Map Designation htt s://www.meridianci .or loom Ian The FLUM designates the property for Mixed Use Community. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional (MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The Comprehensive Plan describes components of what would be considered mixed use. Elements pertinent to this proposal include: • At least three types of land uses; • Higher density residential development encouraged when there is a potential for an employment center; • Mixed Use areas typically being developed under a master or conceptual plan; during an annexation or rezone request, a development agreement; Page 5 Page 110 Item#3. • In developments where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Transitional uses and/or landscaped buffering between commercial and existing low-or medium-density residential development; • Supportive and proportional public and/or quasi public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools being expected; • Being centered around spaces that are well-designed public and quasi public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered, and, • All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets far neighborhood access. In addition,the Plan discusses the following additional pertinent requirements for mixed use community: • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 unitslacre; • Vertically integrated structures being encouraged; • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000square-foot buildingfootprint; The applicant submitted a conceptual plan as part of this application. The Plan shows three buildings oriented to the W. Cherry Ln./N. Meridian Rd. comer with parking in the front of the W. Cherry Lane frontages, 5 more buildings to the north along N. Meridian Rd.with parking to the back and to the side, and a Phase Two in the center which is intended for future commercial office,retail, hotel or multifamily uses. The concept plan indicates restaurant,retail, hotel,office and multifamily family uses proposed for the site,which would be consistent with the requirement for at least three uses. Also, Phase Two does indicate a potential for a multifamily component, although there are no details provided at this time. The applicant's narrative suggests their intent is to develop the buildings shown along N. Meridian Rd.and W. Cherry Ln. as an initial phase,with uses including a gas station with convenience store, additional retail or office, and multifamily and/or hotel uses as a second phase.The applicant proposes that before any specific use may be constructed within Phase II,a Development Agreement Modification must be approved that would include a conceptual plan for that area. Staff does support a limited amount of commercial construction occurring in the short term at the SE corner based on the concept plan that has been provided thus far, but does have concerns allowing complete build-out along both arterials as presently shown. As the Page 6 Page 111 Item#3. intersection of W. Cherry Ln. and N. Meridian Rd. is intensely commercial, staff believes build-out in this immediate area could occur in the short term under the concept plan as shown and have limited impacts to the overall cohesiveness of the project. Also,because this intersection is so intensely commercial, staff believes it appropriate to have automobile- oriented uses directly at the intersection,with the buildings in this area providing a buffer for the buildings more internal to the project as well as allowing the buildings further to the north and along N. Meridian Rd.to transition to more integrated mixed use.Also,because this property would be the entrance into the Northern Gateway District, staff believes some type of entry or identity feature for this development appropriate. Based on the concept plan submitted by the applicant,staff recommends allowing development of the three commercial buildings along the W. Cherry Ln.frontage and south of the existing access at N.Meridian Rd. as the first phase of this development.A development agreement modification and detailed concept plans that are consistent with the mixed-use community designation of the Comprehensive Plan and the Northern Gateway District would be required prior to any additional development. However,as part of the first phase,staff recommends the development agreement require the building orientation account for a gateway or entry feature at the SE corner, near the intersection as will be discussed further in the qualified open space section. C. Comprehensive Plan Policies (https://www.meridianciU.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) The Plan notes an intent of mixed use is to integrate a variety of uses, including residential. Residential uses should comprise a minimum of20%of the development area at gross densities ranging from 6 to 15 units/acre.Although the intent of this application is to annex the property into the City so it is eligible to be included into the North Gateway Plan and for development of the first three commercial buildings, the applicant has indicated a residential component on the concept plan in a future phase. Types of housing and the density would be addressed in this future phase, but because this residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City. (2.01.01G) As mentioned above, although residential is not planned with this current phase, given the nature and density of housing that would occur in this mixed-use center under future development, it would likely increase diversity in housing. • Locate higher density housing near corridors with existing or planned transit,Downtown,and in proximity to employment centers. (2.01.01 H) The Destination Downton Plan indicates W. Cherry Ln. as a future transit line, and N. Meridian Rd. is a major commercial corridor. The site is located on a major commercial intersection, with a range of services including a grocery store, directly across N. Meridian Rd. to the east. There are numerous employment opportunities in this area, and it is adjacent to what is still considered the Downtown Area. • Support redevelopment and infill opportunities Downtown. (2.09.01) The subjectparcel is an enclave parcel with all surrounding land developed and existing infrastructure available. This would be considered infill development. Page 7 Page 112 Item#3. • Develop concept plans of potential destination activities and promote appropriate development, infill, and redevelopment of activity centers. (2.09.03E) This application is to annex the property into the City so Meridian Economic Development Corporation can include the property into the new Northern Gateway Plan, and to allow the applicant to construct the first three buildings.As mentioned, a development agreement modification will be required for any future phases, which will include detailed concept plans. This project is eventually intended to be an activity center. • Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. (3.07.02A) Staff is recommending a development agreement provision that will require the developer to submit a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A complete pedestrian circulation will be required as part of the development agreement modification for future phases. • Encourage and support mixed-use areas that provide the benefits of being able to Iive, shop, dine, play, and work in close proximity,thereby reducing vehicle trips,and enhancing overall livability and sustainability. This project is intended to develop as a mixed-use center. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) This property is located on the intersection of W. Cherry Ln. and N. Meridian Rd., both key transportation corridors, and W. Cherry Ln. is anticipated to eventually be a transit line. D. Existing Structures/Site Improvements: The property is presently vacant,although it is being used for horse pasture. E. Proposed Use Analysis: At this time,proposed uses are only conceptual. However,the Applicant's concept plan depicts multi-family residential,commercial,hotel and office/retail uses.This application is requesting C-C zoning.All the above uses are principally-permitted except for multi-family residential, which is a conditional use in the C-C zoning district per UDC Table 11-2A-2. As mentioned in the comprehensive plan analysis above,this property is recommended for mixed use community uses,with an intent to provide community-serving uses and dwellings seamlessly integrated into the urban fabric and an integrated variety of uses. Use requirements include at least three types of land uses,higher density residential, and at least 20%residential at gross densities ranging from 6-15 unit/acre,but a mixed-use designation is not intended for high density residential development alone. Vertically integrated structures are encouraged,but unless a structure contains a mix of both residential and office,or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint unless it is a grocery store, which can have a footprint up to 60,000 sq. ft. Plazas,open spaces,gathering spaces and similar should comprise at least 5% of the developable area. As mentioned,based on the submitted concept plan, staff is amenable to supporting development of the first three commercial buildings along the W. Cherry Ln. frontage and south of the existing access along N.Meridian Rd. in the short term but believes more detailed concept plans should be approved before further buildout can occur in order to ensure this development is representative of the type of mixed-use development illustrated by the Plan. In addition to the other DA requirements already listed, Staff recommends a DA provision that limits building footprints to 30,000 sq. ft or 60,000 sq.ft for a grocery store unless vertically-integrated Page 8 Page 113 Item#3. structures are proposed,a requirement that at least 20% of the square footage in future phases be residential,and at least 5% of the developable area being plazas,gathering places,etc. This would be in addition to any open space or amenity requirements for multifamily development. F. Specific Use Standards(UDC 11-4-3): The concept plan indicates a wide range of commercial retail,office,hotel and multifamily uses. At time of development agreement modification or Certificate of Zoning Compliance proposed development will be reviewed against the specific use standards of UDC 11-4. G. Dimensional Standards(UDC I1—,2): All future lots,buildings and public streets shall be required to meet all UDC dimensional standards. This includes property sizes,required street frontages,road widths, and development consistent with the mixed-use community principles listed in the Comprehensive Plan. H. Access(UDC 11-3A-3, 11 3H-4): The property is presently served by two arterials-W. Cherry Lane and N.Meridian Rd.N. Meridian Road is improved with 5 travel lanes,curb,gutter, and 5-foot wide concrete sidewalk abutting the site.Cherry Lane is improved with 5 travel lanes,curb, gutter, and 7-foot wide attached concrete sidewalk abutting the site to the east of the existing driveway on Cherry Lane. There is 5-foot wide attached concrete sidewalk abutting the site to the west of the driveway. The concept plan shows 3 access points from N. Meridian Rd., one access from W. Cherry Ln.,and a stub to the office park at 3537 Hunters Cir. There are two existing curb-cuts providing access to the property. There is an existing 26-foot- wide driveway from N. Meridian Rd.approximately 500 feet north of Cherry Ln.,and a 26-foot- wide curb cut driveway providing access from Cherry Ln. approximately 300 feet west of N. Meridian Rd.ACHD has responded that if a property has frontage on more than one street,access shall be taken from the street having the lesser functional classification. Cherry Ln. is a principal arterial and ACHD policy typically prohibits access from a principal arterial if access from a lesser classified street(N. Meridian Rd.) is available.ACHD has noted the existing access on Cherry Lane is not guaranteed to be allowed by ACHD as part of a future development application. If access is requested on Cherry Lane, an access analysis may be required to be submitted to ACHD for review prior to the submittal of the development application which may include a waiver. Staff notes the concept plan indicates the southern access being moved to the west, which would unlikely be supported due to spacing requirements with NW 3d St. ACHD has responded a TIS will likely be required for this project.As the purpose of this present application is very preliminary at this time, staff will await conditioning the access points until such time that future development applications and a TIS are submitted.However,staff does have concerns with the three access points along N. Meridian Rd.,whether ACHD would approve two additional accesses, and whether spacing for the northern access is adequate from W. Willowbrook Dr. (as well as shifting the existing access along W. Cherry Rd. to the west). Finally, future development in the area should also provide access to the west in accord with UDC 11-3A-3.NOTE: City Council has the ability to grant the proposed access points to the abutting arterials,however staff does recommend future decision should be deferred until ACHD has determined the appropriate access to this property,confirmed through a reviewed and approved traffic study. Internal circulation should be consistent with the mixed-use goals of providing wider sidewalks, street trees,complete streets and providing accessible pedestrian connectivity. Also,the Destination Downtown Plan anticipates a future transit line along W. Cherry Ln. This should be Page 9 Page 114 Item#3. considered in future circulation and multi-modal plans.At time of Certificate of Zoning Compliance for the three buildings as recommended by staff,or during time of the development agreement modification for development of the remainder of the property,additional analysis will be required, and may require a TIS at a later date. Staff is recommending a DA provision that the required DA mod for future development include a circulation plan that addresses future access points,internal and external automobile circulation,transit connectivity and locations of possible transit shelters,and multi-modal"complete street" design including pedestrian circulation plan consistent with mixed use development goals. I. Parking(UDC 11-3 : Off-street parking is required to be provided in accord with the standards listed in UDC Table I 1- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office,and restaurant uses. The Plan does encourage vertically-integrated mixed-use buildings.The concept plan does not indicate these types of buildings at this time.However, as already mentioned,staff recommends only allowing development of the three commercial buildings along the W. Cherry Ln. frontage and south of the existing N.Meridian Rd.access for the first phase. If vertically integrated buildings are proposed,there are specific parking requirements per UDC I 1-3C-6. Future planning land use applications will determine the required number of parking spaces for all uses. J. Pathways( UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed-use designation is wider sidewalks, outdoor furniture, and safe non- motorized access and connectivity. Staff is recommending a DA provision that prior to any development on the site,the applicant provide a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A more comprehensive circulation plan will be required with future DA modifications so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. K. Sidewalks(UDC 11-3A-1 D: Sidewalks are already existing along the W. Cherry Ln. and N. Meridian Rd. frontages. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. L. Parkways(UDC 11__ 3A-1 D: No parkways are shown with the first conceptual plan,but any parkways associated with future development shall meet the requirements of UDC 11-3A-17. M. Landscaping(UDC I1-3B): A 25-foot wide landscape buffer is required adjacent to both W. Cherry Ln. and N. Meridian Rd., landscaped per the standards listed in UDC 11-3B-7C. Internal parking lot landscaping will be required per UDC 11-3B-8, and a residential landscape buffer will be required along the western and northern property lines which abut existing residential zone districts. To ensure consistent and cohesive installation of landscape buffers,staff recommends a development agreement requirement that prior to any development of the site,a 25' wide landscape buffer shall be installed along the W. Cherry Ln. and N. Meridian Rd. frontages.This will require coordination with ACHD and the City regarding approved points of access. For any development beyond the first phase,staff recommends the applicant submit an open space plan that includes common useable areas, amenities,outdoor gathering places and plazas, Page 10 Page 115 Item#3. green spaces, and landscape buffering and transitioning between uses consistent with the objectives of the Mixed-Use Community designation. N. Qualified Open Space(UDC 11-3G1: The Applicant has requested C-C zoning and has stated their intention of developing a mix of uses including retail commercial, office,restaurant,hotel and multifamily uses. In the C-C zone, multi-family residential is a conditional use and qualified open space will be required based on the square footages of units per the specific use standards in UDC 11-4-3-27(the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee;therefore,this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications). As mentioned, plazas,open spaces,gathering spaces and similar elements are mentioned in the Mixed-Use Community policies.The Plan also mentions establishing distinct,engaging identities within commercial and mixed-use centers through design standards. Development of future phases will require a complete open space and circulation plan that addresses interior building orientation, common useable areas, outdoor gathering places and plazas throughout the development. Staff recommends future development agreement modifications include a requirement for a prominent gateway and/or entry feature to announce the corner at the SE portion of the site.The applicant should coordinate with the City and MDC on this feature. O. Qualified Site Amenities(UDC I1_30 As mentioned throughout this report,staff is recommending an entry feature or element at the southeast portion of the site,with open space,amenity and multimodal circulation plan required for future phases. Future multifamily development will require additional amenities as outlined in UDC 11-4-3-27, P. Waterways(UDC 11-3A-0: The Settlers Canal bisects the property east—west in approximately the center of the property. The canal will be required to be piped or designed as an amenity as required by UDC 11-3A-6. Q. Utilities(UDC I1-3A-21): Public services are available to accommodate the proposed development.All water and sewer is available in N. Meridian Rd. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No building elevations were submitted with this application.As stated above, staff is only supporting the development of the first three buildings directly at the southeast portion of this site with this application.These buildings will be required to meet minimum architectural standards as required in the Architectural Standards Manual(ASM). However,the purpose of the mixed- use designation is to promote compatible land uses within a close geographic area to create sense of place with innovative and flexible design encouraged. Architectural design principles of mixed-use developments include a cohesive design theme,pedestrian oriented features such as increased ground floor transparency(windows), awnings,porches or other overhangs, pedestrian lighting,building relationship in regard to scale,massing and orientation, fagade differentiation, and 360-degree architecture. To ensure consistency as the development builds-out, Staff is recommending a DA provision that requires buildings to incorporate cohesiveness in design. Conceptual building elevations will be required with the development agreement modification required for future phases. Page 11 Page 116 Item#3. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VILA per the findings in Section IX of this staff report. $- The Meridian Planning Zoning m ssbon heard this item on September 16,2021, At the public hearing, the Commiasion movedcomm n i of the nnex ti e 1. Summary of the Commission public hearing; a. In favor: Doug Tamura b. In onposi#ion: None c. Commenting: Doug Tamura d, Written testimony: None 4,. Staff presenting application: Alan Tiefenbach f Mer Staff commenting on apl)lic i one e_v_issue(s)of public testimony: a Earl Rice.representing Church of God directly adjacent to nronertv,voiced concerns with potential traffic potential height of buildings, and Dotential uses that could go there. Key issue(s)of discussion by Commission: a None -- 4,_ mm' change(s) ff recommendation: a None C. The Meridian City Council heard this item on October 12 2021. At the public hearing,the Council moved to approve the subject annexation and zQnin requests. 1. Summary of the City Council _public hearing a In favor: Doug Tamura b. In opposition: None .. Commenting: Doug Tamurr d Written testimony:Ashley Ford-Squyres with Meridian Development Corporation testified in favor of the application. e. Staff 12resenting application. Alan Tiefenbach f. Other Staff commenting on applicajjaaLN= 2. Key issue(sl of public testimony: None I Key jss s)-of discussion by City Council: a, Council discussedconcerns re rhreeit ' 'thn comprehensive gonceptplan whether amenities and open space had been considered whether a taller hotel had been considered on the corner, could the entire project be master-planned, whether the applicant has been working with Meridian Development Corporation, and if staff had considered the transit corridors that were designated in the area• — 4: City Council change(s)to Commission recommendation: City CourL ciLcontinuedcase to October 26 2021 for staff and the applicant to prepare findings and a development agreement that allowed_annexation and zoning to IL Council conditioned the approval that prior to any development or building permit the applicant would submit a development agreement modification that included a Page 12 Page 117 Item#3. comprehensive concept nlan(s)that addressed all of the issues discussed including lance use, motorized and-non-motorized circulation transit corridors,buildinu size and placement open space and amenities,architecture,the recommendations of the Meridian Development Corporation and other pertinent planning-documents,and is consistent with the princinle3 of Mixed Use Co_mmunily as described in the Comprehensive Plan, Page 13 Page 118 Item#3. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions iL ENG.ENRITSONLANDSURVEYS,PILC. 2251 S. SUM8C Street,Boise,Idaho 83706 Telephone(206)859-60321rtrke@64surveys.com 28 June 2021 ELS Project No,210603 Land Description Rezone Phase 1 to CC Contains 343,531 square feet or 7.89 acres more or less EXHIBIT AA A portion of the East%of the SE%of the SE'/.of Section 1,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,described as follows: Commencing at a found brass cap monument marking the St=carrier of said Section i at the center line intersection of West Cherry Lane and North Meridian Road,from which a found aluminum cap monument marking the E'/,comer of said Section bears N 00018'02`E a distance of 2648.32 feet;thence Wong said lute N 00°18'02"E a distance of 1324,35 feet to a found aluminum cap monument marking the NE comer of said East Ys of the SE%of the SE%,the,S 1116m comer; thence westerly along the north line of said East h of the SE J.of the SE%,N 89°27'32'W a distance of 48.O0 feet to a found steel pin an the westerly righis�f-way line of said North Wridian Road the POINT OF BEGINNINC. Thence southerly along said rights-of-way line the following six p)courses: S 00°18'&W a distance of 99.28 feet to a found steel pin; S 02°24'02"W a distance of 600.40 feet to a found steel pin; S 00°18'02'W a distance of 213.66 feet to a found steel pin; 611'59'57'W a distance of 31.62 feet to a found steel pin; 5 00936'00'E a distance of 307.44 feet to a found steel pm; 8 44°07'37"W a distance of 33.30 feet to a found steel pin on the northerly fights-of-way line of West Cheery Lane; Thence along said northerly rights-of-way line the following twn M courses; $86`4349`W a distance of 87.39 feet to a found steel pin; N 89°27'04"W a distance of 493.45 feet par0el to and 43.00'northerly of the south tine of said Section 1 to a found steel pin on the west line of said East'/:of the SE'l,of the SE YE; Thence along said west line N 00'33'34"F a distance of 287.46 feet to a point Thence leaving said line,S 88`30'3#t''E a distance of 423,59 feet to a point; Thence N W00'39°E a distance of 1001.14 feet to a point on the north line of said East'M,of the SE Y4 of the SE Y.. Thence easterly*ng said line S 89'27'32'E a distance of 172_63 feet to the POINT OF BEGINNING. The atxwe•described tract of[and contains 7,89 acres more or less subject to all existing easements and rights-of-way. See Exhibit B attached hereto and made part of. t a 879 K:IELSIProp dsl2WIViO6O3kAdnin'Legaisk2lO603 CC Zone Description Ph i 091921.tlac A'�� r� J9 Ail 4, 6OZ'r Page 14 Page 119 Item#3. LS ENGEBR17SONLAND SURVEYS, PLL+C 2251 S. Sumac Street., Boise,Idaho 83706 Teleahone(208)859-5032 mika@elstrrveys.corrr 28 June 2021 ELS Pro)ed No,210603 Land Description Rezone Phase 2 to CC Contains 436,083 square feet or 9,99 acres more or less EXHiBtT A A portion of the East'/=of the SE'/.of the SE!of Section 1,Township 3 North,Range 1 West,Boise Me6clian,Ada County,Idaho,described as follows_ Commencing at a found brass cap monument martang the SE corner of said Section t at the center lime intersection of West Cherry Lane and North Meridian Road,from whiCh a found aluminum cap monument rnarldng the E'/.corner of said Section hears N 00°18'02'E a distance of 2648.32 feet;thence along said line N 00160Z E a distance of 1324.355 feet to a found aluminum cap monument marking the NE oamer of said East'/s of the SE%of the SE'/.,the S 11161h oumer, thence westerly*4 the north line of said East A of the SE'/r of the SE'/,,.N B5°27'32"W a distance of 48.00 feet to a found steel pin on the westerly rights-of-way line of said North Meridian Road;thence continuing along said norl,h line,N 89°27'37 W a distance of 172.53 feet to the POINT OF BEGINNING, Thence leasing said fine S 02"00'39a W a distance of f 001,14 feet to a paint; Thence N W30'30''N a distance of 423,59 feet to a point on the west line of said East%of the SE'l,of the SE A. Thence northerly along said west line.N 00°33'34'E a distance of 993.79 feat to a found steel pin monument marking the NW comer of said East Y2 of the SE'!.of the SE%; Thence easterly along the north line of said East'/r of the SE A of the SE%,S 89627'3T E a distance of 448.W fOetto the POINT OF BEGINNING. The above-described had of Land contains 9.99 acres more or less subject W all existing easements and rights-of way. See Exhibit B attached hereto and ma<Je part of, a) t� o a 8 73 19 OF zo r{tl Zva t K:iirl Stiprogar a�2p2112i68f13bkrrnin�LBgatsS2fos43 CG Zone Description 1r 2'081921,doc Page 15 Page 120 Item#3. M1 _ I w lg r I a All RION f lini s 1 li's i � '; 8}Fr M. M"Z'W AVE Page 16 Page 121 Item#3. B. Site Plan(date: 8/20/2021)(NOT APPROVED) --- --- ---�-----T41 � t 1 1 i 1 R ' Uj ct i n 1 � Z I ' 1 1 � 4 1 r 1 1rr 1 I LWJ Staff supports this area being ® _ developed as the ® _ first phase. TFF c1 WHIDIIIIIII -- w CW-FW us Page 17 Page 122 Item#3. VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303,00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Prior to development or building permit,the applicant shall submit a develn_n_m_e_n_t agreement modification that includes a comprehensive concept plan(s)that addresses all of the issues discussed including land use,landscaping_motorized an non-motorazed circulation,transit corridors, building size and placement entry features,open space,an-d amenities,architecture, e recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. buildings ale g the W. Che f fy Liq. f a„t., e and south of the existing aeeess t Al Meridian na as indiea4ed on 4he att 1, deeneep�plan with the fellowing ddif 1 1. 2. The hea t shall .eer-.dinat with the Cif.. „,d 1\ DC on the de of ntf y •�. upp. 1U.,,µ41.r Meridian RE1. in aceer-dalfee with WDG 11 fir U7. hall Submit F b.• With anyJ ..�.... phase of future development, iia. 1.41 e the fell .. a. Gener-al layetit and eenfiguration of buildings f6F the Femainder-of the site. ,inehi d;,..g arrangefnent tom, e..+e seffie for-fn F eemfiian, able efea, sueb as pedestriafrif+ter-es€afld-enelesure of spaee, walkabil4y 8ffi, 360 d....fe design." b. A C..... rut,:,„ plan r la f public,and pFiNra4e.,t> ..ot� el .d; Street GFOSSpassible tf r sit s el+eFs if fi rture lransk; teal in this area, ,d fflult' Page 18 Page 123 Item#3. eda "eample+e street" design; ,.ludi„ sales+..;..,. , e+;.ity eensistent 4t_h mixed a .de.ele„me„+goals. C. o tr-oer ga4ha=;Y,ar places and plazas,green spaees, and lan d.,.,ape b4fering a-ad transitienifigbetween uses eensistent with thebje..4iyes eF+l.e T il' .1 plazas,be gmheFing > features,ete. This would be in additien to any epen spaee d. Coneeptual building elevations indieating eehesiveness in building design, pedestrian and str-ee� or-ionted C. F tiffe !lavabo .,ent oft e site shall ea ly. .;r1 ides;,,-., a epts e + bli 1. ad F t ..,....spa..,........ ..... ... "�t,� ..vr..ra.... as µyrpr f integr-EAed buildings as one of the uses. 3. The development shall eeR4ain at least thfee types of lanj uses, whieh eaeuld ifielude vei4ieal4y 5. The applicant shall comply with all provisions of I 1-3A-3 with regard to access to streets. Access and the proposed street network shall be reviewed and approved by ACHD. B. PUBLIC WORKS GENERAL CONDITONS l. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard. forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document, All easements must be submitted,reviewed, and approved prior to development plan approval. Page 19 Page 124 Item#3. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standard Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide records of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfilI,where footing would sit atop fill material. Page 20 Page 125 Item#3. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htt ://www.meridianci .or / ublic works.as x?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the annexation and proposed zoning map amendment to the C-C would be consistent with the Comprehensive Plan if all provisions of a Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of multiple types of residential and commercial uses. This will contribute to the range of housing Page 21 Page 126 Item#3. opportunities and goods and services available within the City and more employment opportunities in the Downtown Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed-Use Community designation. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; As long as Commission's recommended conditions of approval are followed, Council would find this annexation and zoning should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The subject property is a 17.88-acre enclave property on an intensely commercial intersection surrounded on all sides by existing development.Additionally, the new Northern Gateway Urban Renewal Plan is being developed with this property.As long as the property develops consistent with the Mixed-Use Community principles as discussed above and Commission's recommended conditions of approval are followed, Council finds this annexation would be in the best interest of the City. Page 22 Page 127 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from October 12, 2021 for Heron Village Expansion (H-2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. Applicant Requests Continuance to December 7, 2021 A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Page 128 Item#4. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: October 26, 2021 Topic: Public Hearing Continued from October 12, 2021 for Heron Village Expansion (H- 2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. A. Request: Annexation of 1.36 acres of land with a R-40 zoning district. B. Request: Rezone of 4.18 acres of land from C-G and R-8 to R-40. C. Request: Conditional Use Permit to allow expansion of an existing 108-unit, 5-building multifamily complex to allow an additional 36 units in two new buildings. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 129 Item#4. STAFF REPORT E IDIAN�- COMMUNITY DEVELOPMENT DEPARTMENT D A H C, HEARING 10/12/2021 Legend m —]" DATE: �V-, 0 TO: Mayor&City Council lei PFoject Lco i�ar i i r FROM: Alan Tiefenbach,Associate Planner E rTn 208-884-5533 r � 15 SUBJECT: H-2021-0027 Heron Village(Phase 2) --- LOCATION: The site is located at 51, 125 and 185 E. Blue Heron Ln,in a portion of Government Lot 6 of Section 6, _ Township 3 North,Range 1 East. ' N F 1. PROJECT DESCRIPTION This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district,rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage mmm 1.36 acres being annexed,5.54 acres being rezoned to R-40 Future Land Use Designation MU-N Existing Land Use(s) Single Family Residential/Rural Proposed Land Use(s) Multifamily Lots(#and type;bldg./common) Existing development is on 5 lots,one more lot would be annexed. Phasing Plan(#of phases) One phase Number of Residential Units(type 108 existing,36 more proposed of units) Density 19.6 du/acre(total) Open Space(acres,total Existing— 1.58 acres(29%),Usable.96 acres(17%) [%]/buffer/qualified) Proposed— 10,200 sq.ft.req'd, 15,300 sq.ft.proposed Amenities Existing amenities include half basketball court,plaza containing benches and trellis, 1,620 sq.ft.clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables. Page 1 Page 157 Item#4. Description Details Page Proposed amenities include 70'x100' grassy area,park benches and picnic tables,enclosed bike storage. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 10,2021 —7 attendees attendees: Staff has received 2 letters and 5 voicemails in opposition to this request.Issues expressed include parking along E. Blue Heron and lack of emergency access. History(previous approvals) AZ 01-014,CUP 12-0021,MCU 13-005,CZC 13-038, DES 13-039) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State One existing access from E.Blue Heron Ln(local road), Hwy/Local)(Existing and Proposed) one additional access proposed from E.Blue Heron Ln Existing Road Network E.Blue Heron Ln(local road)and N.Meridian Rd (arterial) Existing Arterial Sidewalks/ • Sidewalk already exists along N.Meridian Rd. Buffers • 5'wide sidewalk is constructed along the portion of Blue Heron Ln of which the existing multifamily development exists • The landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed. Proposed Road Improvements Staff is recommending an existing pathway connecting the east terminus of E.Blue Heron to N.Eureka Ave be widened for emergency access only. Distance to nearest City Park(+ '/z mile to Settler's Park,3/4 mile to 8th St Park, size) Distance to other key services 0.5 mile+/-to shopping center and commercial services at N.Meridian Rd/E.Fairview Ave intersection. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 3 • Fire Response Time <5 minutes • Resource Reliability 78% • Risk Identification 2—current resources not adequate to supply service • Accessibility A Meets all requirements • Special/resource needs Aerial device will be required • Water Supply � 2,250 gpm • Other Comments • All buildings must be sprinklered. • Fire has expressed issues with parking availability and cars parked along W.Blue Heron. • Fire has recommended secondary emergency access to N.Eureka Rd. Police Service • No comments West Ada School District Page 2 Page 158 Item#4. Description Details Page • Distance(elem,ms,hs) 4.4 elem, 1.7 ms,2.6 hs • #of Students Enrolled 4 additional school-aged children projected Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.16 • Project Consistent with Yes WW Master Plan/Facility Plan Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No proposed water infrastructure submitted with this record.Engineering must review any new infrastructure. Connect to existing apartment development to west and to Blue Heron Ln. • Existing water services must be abandoned at the main in Blue Heron Ln. • Both addresses(125 and 185 E Blue Heron Ln)have a meter to the site.If these meters are not used they need to be abandoned at the main. • Provide looping of water line from Blue Heron Rd to existing water line to the west in Heron Village. • Provide water stub to east property boundary to facility future looping. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. Page 3 Page 159 1� - - r� IIII Ilp 1� ■ 1 - x monism ■■■ ■■ II11111111 . . 1` � ■ � � 111111 11111 loll i - Elms ■ = m■■■■n■■MIME 111151111NII 11111 ■ o11 E ER. iI vi w IN IN monism - _ "� �►_"xrt, - rJI11111p11 — #- ii 1111ll milli *'# y .Lys . . i � 1111 loll .;� -+r'.M _ ter_ vg�'1� - :� � —_ � ■ - � It IN �a� ■■ — W G[4WT s +�:.,.,. t �t.:.'ki .'. ■ IIIH1111 II Al r I� w .wth r' . 1 • --.CHEFR.Y- EhIRVL { �,; 1i Z ■ Item#4. III. Applicant Information A. Applicant/Representative: Tamara Thompson—The Land Group, Inc—462 E. Shore Dr, Ste. 100, Eagle,ID, 83616 B. Owner: PPHC Heron Property LLC—28717 Grumman Dr.,Eugene,OR 97402 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 6/25/2021 Radius notification mailed to properties within 300 feet 6/22/2021 Nextdoor posting 6/22/2021 Sign Posting 9/7/2021 V. STAFF ANALYSIS Background The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several conditions of approval of this annexation regarding road and infrastructure improvements,but no development agreement. A conditional use permit was approved for the multifamily complex in 2013 (CUP 12-021). hi 2014 a modification to the conditional use was approved(MCU-13-005)to allow replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April of 2013 (CZC 13-038). In September of 2020,the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex(185 E. Blue Heron Ln)to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8)and because they were annexing and zoning additional property anyway, Staff recommended to the applicant that it would be preferable to rezone all of the associated properties to R-40. A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation and rezone area is included in Section VII. There is not a development agreement with the existing development. As will be discussed below, staff and the applicant have discussed this project with the understanding that what is currently being proposed is a second phase and expansion to the existing development with shared parking, amenities and open space. To ensure this intent is met and the project develops cohesively, staff recommends this be reflected in a development agreement. Page 5 Page 161 Item#4. B. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) The Future Land Use Map designates the subject property for Mixed Use Neighborhood(MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the west(already zoned R-8 in the City)to R-40. The purpose is to proceed with a conditional use for a 36-unit expansion to an existing multifamily development. This application also includes rezoning the portion of the existing multifamily development that is C-G to R-40 so the entire development is in the same zone district. The subject property is between high density residential at north and south, with uses becoming progressively more commercial to very intensive commercial uses at the N. Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal meets the intent of the Plan. C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents.2.01.02D The proposed multifamily residential development will contribute to the variety of housing types available within the City. • Support infill development that does not negatively impact the abutting, existing development. (2.02.02C) This proposal is to allow infill of an existing vacant parcel on the northeast portion of the subject properties to allow expansion of an existing multifamily development, surrounded by existing multifamily development to the north and south, industrial uses to the east, and religious and single family residential across N. Meridian Rd to the west. Although there could be some incremental impacts associated with additional units, the impacts associated with this development are already primarily established and there would be few or negligible impacts on the single family residential across N. Meridian Rd. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E) This expansion to an existing multifamily development is located along N. Meridian Rd, in close proximity to a variety of commercial uses, including approximately%mile to a shopping center, along the intensely commercial E. Fairview IN. Meridian Rd. intersection. • Encourage infill development. (3.03.01E) The proposed annexation of an additional parcel of land surrounded by existing development to allow expansion of an existing multifamily complex would be considered an infill development. • Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services. (3.03.03F) Page 6 Page 162 Item#4. Urban services and public facilities are already being provided to the existing multifamily complex. This proposal would allow an additional 36 units in two buildings. D. Existing Structures/Site Improvements: There is an existing residence,which was constructed in 1954, and accessory structures on the property that is currently zoned R-8. All structures will be removed with development of the additional 36 units. E. Proposed Use Analysis: The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for the existing development and to allow 36 additional multifamily units. This is allowed by conditional use per UDC 11-2A-8. F. Specific Use Standards(UDC 11-4-3): The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: i. Buildings shall provide a minimum setback of ten(10)feet. The site plan indicates both buildings meet a minimum setback of at least 10'on all sides. ii. All on-site service areas, outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The submitted landscape plan reflects dumpsters in an enclosure and screened by landscaping at the east portion of the property. Details regarding this enclosure and any additional ground or roof mounted mechanical or electrical equipment meeting the requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the Certificate of Zoning Compliance (CZC). The landscape plan indicates ground-mounted condenser units. One of these groups of condenser units is at the north side of Building F, directly along E. Blue Heron Ln. Although the landscape plan suggests 4'high vinyl fencing screening these unit, staff believes there should be additional mitigation to soften the view from the street. Staff recommends additional shrubs be grouped in this area. It should be noted shrubs are required along the building foundation already per the specific use standards, so this would be in addition to that requirement. iii. 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. Floorplans of the units indicating this requirement is met shall be required at the time of CZC. iv. Developments with twenty(20)units or more shall provide a property management office,maintenance storage area, central mailbox location, including provisions for parcel mail, and a directory and map of the development at an entrance or convenient location for those entering the development. All of these requirements have already been provided and shown on the site plan associated with the CZC approved for the existing development. Page 7 Page 163 Item#4. V. A minimum of 250 sq. ft. of common open space shall be provided for each unit of between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required for all units greater than 1,200 sq. ft in area. The applicant has provided an open space exhibit which reflects the required open space for both Phase I and Phase 2. 41,870 sq.ft. of open space was required with Phase One whereas 53,000 sq.ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq.ft. is proposed. The proposal meets the minimum requirements of UDC 11-4-3-27. vi. Amenities The existing development consists of 108 units, and an additional 36 units are proposed. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq.ft. clubhouse with exercise room,playground, horseshoe pit, barbeques and picnic tables. This proposal proposes two additional amenities-an approximately 8,600 sq.ft. open space park and 52 new bicycle storage spaces. UDC 11-4-3-27-D states `for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. vii. All street facing elevations shall have landscaping along their foundation. The landscaped area shall be at least three(3) feet wide. For every three (3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. The landscape plan does show landscaped areas around the foundations of the buildings, although it does not indicate whether this includes shrubs. As mentioned above, staff is recommending additional landscaping around the mechanical equipment visible from E. Blue Heron Ln. G. Dimensional Standards(UDC 11-2): Dimensional standards of the R-40 zoning district include 10' front setbacks, 12' rear setbacks, 3' side setbacks, and a maximum building height of 60'.However, as mentioned in the specific use standards above, 10' setbacks are applied to all multifamily projects (on all sides). The development as proposed meets these setbacks, and the elevations provided indicate a maximum height of approximately 42' from the highest roof pitch. The proposal meets all the dimensional requirements. H. Access(UDC 11-3A-3, 11-3H-4): There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units; one additional access is proposed from E. Blue Heron Ln. Meridian Fire has commented that although the site does provide two points of access,both of these accesses are from E. Blue Heron Ln.with the only way in and out occurring from N. Meridian Rd.Fire;they prefer another point of access that does not solely rely on N. Meridian Rd. E. Blue Heron Ln.terminates into a pathway at the east end which then connects to N. Eureka Ave. Based on discussion with the applicant,they agreed to widen this pathway to 20 feet wide or as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access. Page 8 Page 164 Item#4. I. Parking(UDC 11-3C): UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2 parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be in a covered carport or garage. As requested by staff,the applicant submitted a site plan which indicates the required and proposed parking for both Phase One(the 108 units) and Phase Two(the 36 additional units). Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207 parking spaces are provided,with 195 of them being covered. Phase Two is required to provide 69 parking spaces,with 36 of them covered spaces. 87 spaces are provided,with 71 of them being covered. 6 total bicycle parking spaces are required with this development. The parking exceeds the requirements by 21 parking spaces. The site plan indicates 17' long parking spaces on the south side of Building F, east side of Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least 7' in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown to be 19' in length. The applicant should be aware that all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not indicated on the site plan or landscape plan. These should be indicated on the site plan with the CZC. Meridian Fire,Police and the surrounding residents have commented that parking has been a continuous issue for this development, as residents and guests often park on both sides of E. Blue Heron Dr,making emergency access difficult. One cause of this issue is that many of the garages that are intended to be used to satisfy parking requirements are being used for storage, leading to spill-over in other areas of the development and along the local streets. As 71 parking spaces are proposed to be covered with Phase 11, staff recommends these covered spaces be accommodated by carports and not garages,to avoid dedicated covered spaces being used for storage. Elevations of the carports have not been provided. At the time of CZC,the applicant will need to provide elevations that reflect the accessory structures are compatible with the primary buildings and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also be aware that the site plan indicates striped pedestrian crossing areas across the parking lots.UDC 11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. J. Sidewalks(UDC 11-3A-17): Sidewalk already exists along N. Meridian Rd,which has recently been reconstructed. 5' wide sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily development exists;the landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed in accord with UDC standards. K. Landscaping(UDC 11-3B): A 25' wide landscape buffer has already been provided along N. Meridian Rd as required by UDC Table I I-2B-3.W. Blue Heron Lane is classified as a local street and as such does not require a street buffer in the R-40 zoning district. However,a 17' wide landscape buffer was installed along the portion of the property frontage developed with Phase One,and the landscape plan indicates this buffer is proposed to continue along the frontage to the property line with Phase Two. A 12' +/-landscape buffer is proposed along the eastern property line,although a Page 9 Page 165 Item#4. residential buffer is not a requirement for multifamily in the R-40 zoning district and this property is directly adjacent to an existing meat packing plant. It does appear there is at least 3' wide landscaping areas along the foundations of both buildings with street facing elevations as required per the specific use standards for multifamily,but the landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes there should be additional landscape screening along the street-facing sides of the condenser unit screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with all landscaping requirements and is required to be prepared by a landscape architect, landscape designer, or qualified nurseryman,per UDC 131C-3B. L. Qualified Open Space (UDC 11-3G): The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2,whereas 15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements. M. Qualified Site Amenities (UDC 11-3G): UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more than 75 units,but for multifamily developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables.With the proposed expansion the applicant proposes a 50'x 100' sq. ft. open space area and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. N. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects perimeter fencing that is to match existing fencing.At the time of the CZC,the applicant shall provide all fencing details on the landscape plan. O. Utilities (UDC 11-3A-21): There is infrastructure serving the existing development.All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations were submitted with this proposal. The elevations utilize architecture that is consistent with the existing buildings including multiple roof pitches,dormers,canopies and outdoor second and third story railings. Building materials include hardiboard lap siding, hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be reviewed against the ASM manual at time of CZC. VI. DECISION A. Staff: Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40,and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings Page 10 Page 166 Item#4. per the provisions and comments included in Section VII in accord with the Findings in Section VIII B. The Meridian Planning&Zoning Commission heard this item on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject annexation,zoning and conditional use request. 1. Summary of the Commission public hearing_ a. In favor: Tamara Thompson b. In opposition:None c. Commenting: Tamara Thompson d. Written testimony: Staff has received 5 voicemails and three letters in opposition. e. Staff presenting application: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s) public testimony: a. Three citizens testified in opposition. Concerns expressed regarded traffic,parking, emergency access and litter 3. Key issue(s)of discussion by Commission: a. Commission discussed whether parking could be increased,their understanding that parking is an issue along E.Blue Heron Ln,problems associated with litter,whether the applicant could work with ACHD to limit parking along E. Blue Heron Ln,and whether a parking enforcement company can be utilized, 4. Commission change, (s)to Staff recommendation: a. Prior to City Council,the applicant will have a parking plan that has been addressed with ACHD, b. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations c. The applicant shall add additional trash receptacles. d. Condition 2-C shall be amended that the applicant widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 15 feet wide instead of 20-feet wide. Page 11 Page 167 Item#4. VII. EXHIBITS A. Site Plan(date: 3/18/2021) - E H E F C N L-L . �- -RAY FU I xs TrP. I 3 I x ■ ■ ■ TrP. lfl I 21 TrP. � I - (OPEN SPACE 7 IGO' d xx TrP. rYP. I --❑+ TrP. I m. - - - —�L�Eu- — - - - 24 k a Typ rrPLEI — _ S TYP. TYR 11 - 7�410 - — —k— �} 15 i i 9E$E 9E$E Ttp i I _ 16 ' =.JILDING G, 12-PLIX H } 0 H t.I I y17 El BU NG 1 aEm Typ. TYR t' I NG e � k PLEX UI G I I l Page 12 Page 168 B. Landscape Plan(date: 4/2/202 1) 13 LJ E H E R 3 N LAN :E- 4- X .. ......... . ..... .. ...... .................. ... ... .... ---------- .......... .................... .............. .. ........... . .................... BUILDING F* 24 .... ......... .......... ............... ... ....... -PLEX : )\ .......... ........... J ------ ---- I- -Z. 77 77 ...... BUILDING_47 GI 12-P BUILDING A 24-PLEX BUILDING B FEW 12-PLEX I AM nDTInKi C' Page 13 Item#4. C. Qualified Open Space Exhibit(date: 8/20/2021) PHAS NEW ■ RECJU 1 OPEN SPADE WILD VIN F'G - E_ Fy2' REWIDE -52.3929F ��- OPEN SPACE PRWIOEU-53.000 SF 1 _ ■ PHASE I AMSF IES IX CLIIBHWF WIEITNE33 CENTER8 PIA2A ———— — PICNIC AREAS THRONGF1019T HALF SPORTS CWRT TOT LOT aw U auto STOW - PHASE IFE) 1 SPACE REOVIDED=19.519 SF ➢ROVIOE0=19,5195E I FHASE1"111ITIES 'l NEW CARPORT-T P. 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Annexation Legal Description ANNEXATION BLUE HERON APARTMENTS PHHC HEROIN PROPERTY, LLC An area of land being portions of APN: R7039000005 and APN: R703900300, Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33" East, 505.66 feet,to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89' 35' 33" East, 166.44 feet,to a point,from which the Center West One Sixteenth corner of said Section 6 bears, North 99'35' 33"East,418.18 feet; Thence leaving said east-west mid-section line,South 00*21' 57" East, 384.21 feet, Thence North 67*07'38" West, 185.36 feet; Thence South 99'55'20" West,9.00 feet; Thence North 00°20'55" East, 93.00 feet, Thence North 89*38'42" East, 9.00 feet; Thence North 00*20'55" East, 217.94 feet to the POINT OF BEGINNING. The above described area of land contains 1.36 acres(59,435 Ftz), more or less. PREPARED BY: The Land Group,Inc. a�p�CENS Michael Femenia, PLSt�, '� 1 Q OF�a S. U3J1712021 Page 16 Page 172 Item#4. Annexation for PPHC Heron Property, LLC Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho 2021 W 1/4 SEC.5 CP&F#2018-059717 EAST BLUE HERON LAND' N8R 35'33"E 1090.72' f 505.56' 1fi6.44' 418.18' -. Poll � R/y �zl I CW 1/16TH SEC,6 CP&F#104034814 IEMT BLUE HERON LANE PPHC HERON PROPERTY LLC Q APN:R70390000Q.5 cn ocU W N 1 6n 185 EAST BLUE HERON LANE cn c�v PPHC HERON PROPERTY LLC rn 1 o APN:R7039ODHOO 125 EAST BLUE HERON LANE I � PPHG HERON PROPERTY LLG M1, APN:R7039NO170 i SW COR.SEC.5 — &F#113105589 NW3842"E 9.00' 245 EAST BLUE HERON LANE NUO'20'55"E 93 00' AREA OF ANNEXATION 5CHWERO JAMIE i PPHC HERON PROPERTY LLC APN:R7039DX2DO 1.36 Acres (59,435 Ft2)± I 589'55'20'W 9.00' \N11101 �a � 36', o ' ate, Page 17 Page 173 Item#4. F. Rezoning Legal Description REZONE to R40 BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN: R7039000005,APN: R7039000300, and APN:117039000170 AND portions of APN:R7039000090,APN: R7039000080,and APN: R7039000057,Ada County records,located in a portion of Government Lot 6 of Section 6,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING atthe West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33"East,341.03 feet to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89'35'33" East, 331.50 feet,to a point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89"35' 33" East,418.18 feet; Thence leaving said east-west mid-section line,South 00'21'57" East, 384.21 feet; Thence South 67"07'38" East,192.71 feet; Thence South 31"38'35" East,39.83 feet; Thence South 89"33'08"West,389.49 feet; Thence South 84"29'31"West,129.04 feet; Thence South 89"27'49"West,75.47 feet; Thence South 00"32' 11" East,21.00 feet; Thence South 89"27'49"West,118.20 feet; Thence South 00"09'00" East,24.79 feet; Thence North 88"59' 16"West,165.03 feet,to a point on the west line of said Section 6,from which pointthe Southwest corner of said Section 6 bears, South 00' 18' 10"West, 2100.10 feet; Thence on said west section Jine,North 00"18' 10" East,237.50 feet, Thence leaving said west section line,North 89"36'00"East,496.84 feet; Thence North 00"20'55" East,93.00 feet; Thence South 89'38'42"West,155.89 feet; Thence North 00"18' 10" East,217.78 feet to the POINT OF BEGINNING. The above described area of land contains 5.54 acres(241,398 Ft'),more or less. PREPARED BY: TILE Land Group,Inc. NL LA Michael Femenia,PLSL ENS 0 ate. 1 Z, EL S. U3f17/°2()21 Page 18 Page 174 Item#4. W SEC.B POB CVO!1}110 SEC.6 CP&F&F#2018-059717 � CP&F#104034814 r N89°35'33"E 1090.72' _ I EAST BLUE HERW LAVE 341.03' __ 331.50 _ _ 418.18, RIW Igy E}61�.F�y JEE Lin N00"18'10"E 217.78' NFC iEfr-YI PR3PER7ilaC N ` � � it .ul•-e"Cu�x � � .,01.7R.k 1 IIII LINE BE g ?=W47)3101� I �J d•• S89'38'42`%%' cm �'0. ' 155.89' � � � sa 44,5' _ N00°20'55"E _ I �' '°° r s wxcH&w=<<.: 93,00' f6EASF�P WELMF +aRR�+A11 I +A4RM's1P0idP q b � NS9°36'00"E 496.84' 4 LQ AREA OF RF70NE p �t3� 61 �+ 92 I I PPHC HERON PROPERTY LLC +� r + 7 011� S89°27'49"W 5,54Acras{241,398FY�± Via O - F o° S89'27'49"W 75.47' S$9°33'08"W 389.49' L1 5g4°29'3i,VV � 118,2Q' 129.0#' N88'59'16"W L3 L2 0 165.03' _ Rezone far SWCOR.SEC. 5 PPHC Heron Property, LLC t CP&F#113105589 Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho 2021 Page 19 Page 175 Item#4. VIII. CITY/AGENCY COMMENTS & CONDITIONS PLANNING DIVISION Site Specific Conditions of Approval 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption,and the developer. 2. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Phase One and Two shall share access,parking, amenities and open space. c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 2015 feet wide(or as approved by Meridian Fire),capable of supporting an 80,000-pound fire truck with bollards on either end to allow secondary emergency access. 3. Prior to City Council,the applicant shall have a parking plan that has been addressed with ACHD to address the concerns discussed at the September 16,2021 Planning Commission meeting. 4. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations. 5. Additional trash receptacles will be added near E.Blue Heron Dr. 6. The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 3. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4' high vinyl fencing. 4. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi- family dwellings. Covered parking shall be provided only by carports. 5. All carports shall be constructed to be compatible with the associated residential buildings i.e. similar building and roof forms, architectural elements and details,and materials and colors to maintain the quality of the architectural character)in accord with the Meridian Architectural Standards Manual. 6. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of both phase of the development,including,but not limited to, structures,parking, common areas, and other development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of Zoning Compliance application. 7. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a Page 20 Page 176 Item#4. sidewalk or landscape area,the parking stall dimensions may be reduced two (2) feet in length if two (2) feet is added to the width of the sidewalk or landscaped area planted in ground cover. GENERAL CONDITIONS OF APPROVAL 1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11- 3A-6, 11-3A-7. 2. Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. Page 21 Page 177 Item#4. IV. FINDINGS Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex. This complies with the applicable provisions of the comprehensive plan,particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to R-40 generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Commission finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is surrounded by multifamily to the north and south, industrial in the County to the east, and N. Meridian Rd to the west. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation and rezone is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Commission finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed Page 22 Page 178 Item#4. use and meet the dimensional and development regulations of the R-40 zoning district and the multi family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed multi family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily development. Most impacts have already been established. The general design, construction, operation and maintenance of the multi family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have already been mostly established and Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection, drainage structures,refuse disposal,water,and sewer. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. This addition will be part of a larger existing multifamily development. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Page 23 Page 179 Item#4. Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Commission recognizes there will be a small increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance. Page 24 Page 180 Item#5. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: October 26, 2021 Topic: Public Hearing for Trust Storage Subdivision No. 2 (SHP-2021-0007) by B&A Engineers, Located on Parcel R8535800100 at the Southeast Corner of the S. Locust Grove Rd. and E. Overland Rd. Intersection A. Request: Short Plat consisting of 2 buildable lots on 1.04 acres of land in the C-C zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 196 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Trust Storage Subdivision No. 2 (SHP-2021-0007) by B&A Engineers, Located on Parcel R8535800100 at the Southeast Corner of the S. Locust Grove Rd. and E. Overland Rd. Intersection A. Request: Short Plat consisting of 2 buildable lots on 1.04 acres of land in the C-C zoning district. Page 195 PUBLIC HEARING SIGN IN SHEET DATE: October 26, 2021 ITEM # ON AGENDA: 5 PROJECT NAME: Trust Storage Subdivision No. 2 (SHP-2021-0007) Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please i provide HOA name 1 �G� M ► ► r 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#5. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/26/2021 DATE: Legend I LIPro #Locator TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-498-0573 f SUBJECT: SHP-2021-0007 Trust Storage Subdivision No. 2 LOCATION: SEC of E. Overland Rd. and S. Locust Grove Rd. I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create two (2) buildable lots on approximately 1.04 acres in the C-C zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: B&A Engineers Inc—5505 W. Franklin Rd. Boise, ID 83705 B. Owner: John Bliasdell—904 E.Maple St, Caldwell,ID, 83605 III. NOTICING City Council Posting Date Newspaper Notification 10/10/2021 Radius notification mailed to properties within 300 feet 10/7/2021 Page 1 Page 197 Item#5. IV. STAFF ANALYSIS The Applicant proposes to subdivide the subject property(Lot 1 Block 1 of the Trust Storage Subdivision) into a new plat consisting of 2 lots of approximately '/2 acre each. The subject property is approximately 1.04 acres, is located near the southeast corner of E. Overland Rd and S. Locust Grove Rd. and is zoned C-C. In 2000, 16.119 acres of land (including the subject property) received annexation and zoning approval (AZ-00-004) with a C-N zoning district (Resolution Business Park, Ordinance No. 882). A development agreement was required as a provision of annexation (Instrument No. 10100056509). In 2010, the property was rezoned from C-N to C-C and platted into 5 building lots as the Somerton Subdivision(RZ-10-006, PP-10-006). A development agreement was required with the rezone of the property and recorded as instrument#111037071. A conditional use was approved to allow a car wash on a lot north of the subject property(CUP 10-011). In 2017, 9.28 acres of the property(including the subject property) was replatted as the Trust Storage Subdivision(H-2017-0082) and a conditional use permit was approved to allow a self-storage facility on Lot 2, Block 1, which is south and east of the subject property. The present proposal is to subdivide the vacant 1.04 lot(Lot 1, Block 1) into two acre lots for development of two separate commercial buildings. As requested by staff, the applicant has submitted a concept plan to demonstrate all dimensional requirements can be met. The plan reflects two commercial buildings of at least 3,000 sq. ft. on each lot and with associated parking, setbacks and drive aisles. An existing cross access easement provides ingress and egress from S. Locust Grove Rd. and to the north and south along the eastern property lines. The short plat and landscape plan indicate a 25' wide landscape buffer within a 25' wide landscape easement as required by UDC 11-2B-3 for arterial road and landscaped in accord with the UDC 11-313-7C standards. Therefore, Staff finds the short plat meets the criteria for approval per the criteria set forth in UDC 11-6B-5. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. Page 2 Page 198 Item#5. VI. EXHIBITS A. Existing Trust Filing 1 Subdivision PLAT 51-10WING TRUST S'TORA GE SUBDI VISION LOCATED IN THE NW 1 f4 OF NW 1 f4 SECTION 20, 19 17 E uvwuim m T.3M„ RAE., B.M. to 2a `pm1'Rwe1+ MERIDIAN, ADA COUNTT, IDAHO 2018 aOlS1Rf K mmm ftm am R0.f Addr [07 f SY.ad' I �• LS.eee II� V2"E REAL POINT i y ��• nr I OF KONIN6 Hu1rRR LATERAL E+SEaEWi r SfE HOLE 7 a 5'd2� 23944' poly y ax•rr'xa'P �! s� � aa,ia I I&V +I t5 t NOTES 1. PAINIEI. ' tw I y OMN. mu r _ I !i0 E:AP 2. MY R l__ '_-_`— - OZ R�CCG GIP EFFEC ---- ---- RLA' c F L"---- T° { WMQ-PQWM EA5EMEITT I 3. THE L -� N �______________- ��IHSTR.N0.try CS62}2 ''i y Pf10NIC I-� _ _ �5 IN COI N MkW0 IRRyp j .�RRiR-OF-WhY IYIE I 1'5 4. MWsn lm , PEA INSRi.R0.2017-tiSt09 b3i lGh y I� -41mv CROSS ACUSS EASEMEMI S THI5 C PER MIr1R.NIX 11012I15+ k HICH T l�jl i3F E THERE J %-IF ly�ll HAS E FACAf CONSI REW- OKM L. THIS I of 2 IN Iw N4D'1 a�3by1I I 1 INSIRI 1 , �1s 0.91 i' d 1 wlu JiiBdLll - C. THIS F yri1 L07 6 aduea 9, THIS F _-- -_-__ ;•569'59'23'W 769.62�-••_J-•-»;�-,•LL _,a�-_a_---_-' NO CFP 111 ay. ' PI.M>E➢CAP TO.LANDS II E PUFFIN S7 awAEr—of—wAr oam PES 7729 MST.N0.10l019fl21 Tl. EC" ROS 8190 DriEC" 1 EA5ETS 1 1 t?.THIS r f 1 .C•51 4 D„ MuH- Page 3 Page 199 Item#5. B. Proposed Short Plat(date: 9/2/2021) 7 IraTefMST 6GGilOX{pltlGk q� a�erlon�a-lu�elnmue GAf��F�F4Y-,yA�ryn RfBM [dXG rCYIOI�uu�l IQI NG71d�GIR N4 iyla'il'� � r � G II��yy ��77LL�I rryy ++yy++��//yyF� S848d5'42�E—238.V V - 1114 r43 VU 56 4 .K•��t. � hlG:r-,la'1#E HBo•25�2'W $ iaar 6 LU � f rr ' 4 1 rIJ Q LL C11 �� Y J # 14 81,4 W&RM-flts xw a z 2/V 74 -21t.03111�X/Z ll �u•ar •a+ {PiF l�i�dii]tY-I�CVLIaG MORE II ip is� r Legend .,......-. ....��.�.,..v.r rl yam.---------._...._...._ ..._ Page 4 Page 200 Item#5. C. Proposed Site Plan Layout(date: 9/2/2021) I MHO PMER EASEMENT PER INSTRUMENT NO.111aMM 32' 15 S89025'42"E - 238.05' 109.49' 128.56' NN NO : CURRENT ZONING: C-C N00'34'18"E NS9°6519, U'V 0' 10.00, ' OFF STREET PAF719NG SPACES REQUIRED OFF STREET PARKING SPACES REQUIRED=8 TS.tip• PER ME.111.CODE 11-1C�I.EIA PER MERIDIAN CODE 11-3C.-9.9.1 w + (1 PER 500GRO5S SF.OF BUILDING) (1 PER 5W GRCIS5S.F-OF BLILDI" Y - - - - - r CD CN Uj 00 CD `-} I 0 ° cry P,55UK=-F PLANTER ~ 5TRIP,AP.1105T ON 51TE / 4 l/ 0 25.00 SO.00•FCC-FOC vnv EASEMENT-1 7-1 t•.i ,7-7 77- dry/ CRp$3 gCGES3 EASEMENT PER INSTRUMENT N6.11!),p}154 1 a 109.49'f 101.54- IFN89°25'42"VII - 211 .03' 72 COR ER 7OUND BRASS CAP 182-MICHAEI-E MqM 42 Page 5 Page 201 Item#5. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by B&A Engineers, Inc. included in Section VI. is approved as submitted. 2. Applicant shall comply with all previous conditions of approval associated with this development (H-2017-0082, DA Instr. 111037071). 3. If the City Engineer's signature has not been obtained within two (2) years of the City Council's approval of the short plat, the short plat shall become null and void unless a time extension is obtained, per UDC 11-6B-7. 4. Development of any lot shall require submission of a Certificate of Zoning Compliance and Design Review application per UDC-11-5B-1 and UDC 11-5B-8 and shall meet all applicable requirements of City of Meridian code. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals as noted in condition 3. above, does not relieve the Applicant of responsibility for compliance. 6. The existing 25-foot wide landscape buffer along S.Locust Road shall remain protected during construction on the lots in accord with UDC 11-313-10. B. Public Works 1. Any changes to Public Works infrastructure must be reviewed by Public Works prior to construction. 2. Any unused services or mains must be abandoned at the main that will remain in service. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-C. The proposed short plat complies with the Comprehensive Plan and will be developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 6 Page 202 Item#5. Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 7 Page 203 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1951: An Ordinance (H-2020-0124—Ambles Run Subdivision) for Annexation of a Parcel of Land Being a Portion of Lot 26 of Block 1 of Dunwoody Subdivision, as Filed in Record in the Office of the Ada County Recorder, Boise Idaho, in Book 58 at Page 5482, as Shown on Record of Survey No. 7837, as Filed for Record in the Office of the Ada County Recorder, Boise, Idaho Under Instrument No. 107033607, Lying in the NW % of Section 29, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 2.88 Acres of Land from RUT to R-2 (Low Density Residential) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules, and Providing an Effective Date ADA COUNTY RECORDER Phil McGrane 2021-155050 BOISE IDAHO Pgs=4 NIKOLA OLSON 10/27/2021 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1951 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN,PERREAULT, STRADER AN ORDINANCE (H-2020-0124 — AMBLES RUN SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND BEING A PORTION LOT 26 OF BLOCK 1 OF DUNWOODY SUBDIVISION, AS FILED IN RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE IDAHO, IN BOOK 58 AT PAGE 5482, AS SHOWN ON RECORD OF SURVEY NO 7837, AS FILED FOR RECORD IN THE OFFICE OF ADA COUNTY RECORDER, BOISE, IDAHO UNDER INSTRUMENT NO. 107033607, LYING IN THE NW '/4 OF SECTION 29, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 2.88 ACRES OF LAND FROM RUT TO R-2 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit:Maureen Miller and Richard Price. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-2 (Low Density Residential) Zoning Districts in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION ORDINANCE—Ambles Run Subdivision(H 2O20-0124) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of October , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 26th day of October , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) County of Ada ) ss: 26th October On this day of 2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 Page 2 of 3 Item#6. EXHIBIT A TEALEY'S LAND 12594 W.Explorer Drive,Suite 15o • Boise, Idaho 83713 SURVEYING (208)386-0636 ON Fax(208)385-0696 Project No..4743 Date:January 6,2021 ZONE R.2 DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Biock 1 of Dunwoody Subdivision, as filed for record in the office of Ada County Recorder, Boise, Idaho, in Book 58 at Page 5482,as shown on record of survey No. 7837, as filed for record in the office of Ada County Recorder,Boise, Idaho under instrument No 107033607, lying in the NW 114 of Section 29,T.4N„ R.1 E., B,M.,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29,marked by a brass cap, bears North 00°01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No 2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 26,marked by a 5f8"iron pin.said point marking the POINT OF BEGINNING lilence along the West boundary line of said Lot 26 North 00"03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89`35'30•'East 379.11 feet to a 518"iron pin; thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26.thence alung said South boundary South 89'35'30"West 379.24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. 347 x� Kati� a Ambles Run Subdivision H 2O20-0124 Page 208 EXHIBIT B cr ZONE R—.?— EXH11317 FOR AMiW—EFS RUN SLJOENV(SION A PORTION OF LOT 26, BLOCK 1, DUNWOODY SUBDIVISION, LYING IN THE NW 1/4, SECTION 20, T4N., RJE., O.M., MERIDIAN, ADA COUNTY, IDAHO 3 C5 C> 7 ta OF )V. 19 20 i 06 30 29 L s 89-35,30 w 379 1 P-.—————— _j --------F ----------- Ic c3l z 0 z W, SCALE- 11 = 100' J:, Pool- ca til (D 0 z 0 -EI o' < Of-OCK.2 SWCK POW OF 0 BEC4NNING M-09, 2--- 30-00-1 1� 1329 01 li- 77-13—.24' S 89*35'30'W 1614A0' 69'35'30'E 664.68' 2� CENTER OF SECTFON 27 US TEALEYS LAND SURVEYING C594 W EXPLORER DRWE. !TE 150 208-385-0636 -8015E_Q8370 4743-l-, ,K.d.q C-1-06-2r F3 46 02 CERTIFICATION OF SUMMARY : William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . � f William L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO, 214951 An Ordinance (H-2020-0124 — Ambles Run Subdivision) for annexation of a parcel being a portion Lot 26 of Block 1 of Dunwoody Subdivision, As Filed In Record In The Office Of The Ada County Recorder, Boise Idaho, In Book 58 At Page 5482 , As Shown On Record Of Survey No 7837, As Filed For Record in the Office of Ada County Recorder, Boise, Idaho Under Instrument No . 107033607 , Lying in the NW '/4 of Section 29 , Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described in the map published herewith; establish- ing and determining the land use zoning classification of 2 . 88 acres of land from RUT to R-2 (Low Density Residential) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required 1 by law; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE — Ambles Run Subdivision (H 2O20-0124) Page 3 of 3 Page 207 77 C� E IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 21-1952: An Ordinance (H-2021-0048— McFadden Property) for Annexation of a Portion of the East % of the SE % of the SE % of Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 17.88 Acres of Land from RUT to C-C (Community Business) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required By Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date ADA COUNTY RECORDER Phil McGrane 2021-155054 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/27/2021 09:29 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 21-1952 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE(H-2021-0048—MCFADDEN PROPERTY)FOR ANNEXATION OF PORTION OF THE EAST '/z OF THE SE 1/4 OF THE SE 1/4 OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST,ADA COUNTY,IDAHO,AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 17.88 ACRES OF LAND FROM RUT TO C-C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A"are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit:Kobe, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—McFadden Property(H 2O20-0048) Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be,and the same is hereby,dispensed with, and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of October , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 26th day of October , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 26th day of October ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—McFadden Property(H 2O20-0048) Page 2 of 3 EXHIBIT A Item#7. ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 28 June 2021 ELS Project No. 210603 Land Description Rezone Phase 1 to CC Contains 343,531 square feet or 7.89 acres more or less EXHIBIT A A portion of the East 11/2 of the SE %of the SE%of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho,described as follows: Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E%comer of said Section bears N 00°18'02"E a distance of 2648.32 feet; thence along said line N 00°18'02" E a distance of 1324.35 feet to a found aluminum cap monument marking the NE comer of said East%of the SE %of the SE%, the S 1116'h corner; thence westerly along the north line of said East%2 of the SE'/4 of the SE l4, N 89°27'32"W a distance of 48.00 feet to a found steel pin on the westerly rights-of-way line of said North Meridian Road the POINT OF BEGINNING. Thence southerly along said rights-of-way line the following six (6)courses: S 00018'02" W a distance of 99.28 feet to a found steel pin; S 02°24'02"W a distance of 600.40 feet to a found steel pin; S 00'18'02"W a distance of 213.66 feet to a found steel pin; S 11°59'57"W a distance of 31.62 feet to a found steel pin; S 00°36'00"E a distance of 307.44 feet to a found steel pin; S 44°07'37"W a distance of 33.30 feet to a found steel pin on the northerly rights-of-way line of West Cheery Lane; Thence along said northerly rights-of-way line the following two(2)courses; S 86°43'49"W a distance of 87.39 feet to a found steel pin; N 89027'04"W a distance of 493.45 feet parallel to and 43.00' northerly of the south line of said Section 1 to a found steel pin on the west line of said East X2 of the SE '/4 of the SE '/4; Thence along said west line N 00033'34" E a distance of 287.46 feet to a point; Thence leaving said line,S 88030'30" E a distance of 423.59 feet to a point; Thence N 02°00'39"E a distance of 1001.14 feet to a point on the north line of said East%of the SE%of the SE X; Thence easterly along said line S 89°27'32" E a distance of 172.63 feet to the POINT OF BEGINNING. The above-described tract of land contains 7.89 acres more or less subject to all existing easements and rights-of-way. See Exhibit B attached hereto and made part of. T 870Va K:IELSIProlects120211210603%dmin\Legaist210603 CC Zone Description Ph 1 081921.doc - O n ; McFadden Property-H-2021-0048-Exhibit A to Ordinance Oz Page 215 Item#7.ELSENGEBRITSON LAND SURVEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 28 June 2021 ELS Project No. 210603 Land Description Rezone Phase 2 to CC Contains 435,083 square feet or 9.99 acres more or less EXHIBIT A A portion of the East%2 of the SE'J of the SE '/b of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, described as follows: Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of West Cherry Lane and North Meridian Road, from which a found aluminum cap monument marking the E 'f comer of said Section bears N 00"18'02"E a distance of 2648.32 feet;thence along said line N 00"18'02"E a distance of 1324.35 feet to a found aluminum cap monument marking the NE comer of said East%of the SE%of the SE%, the S 1116th corner; thence westerly along the north line of said East'/of the SE'!of the SE'/, N 89°27'32"W a distance of 48.00 feet to a found steel pin on the westerly rights-of-way line of said North Meridian Road;thence continuing along said north line, N 89°27'32"W a distance of 172.63 feet to the POINT OF BEGINNING. Thence leaving said line S 02000'39"W a distance of 1001.14 feet to a point; Thence N 88030'30"W a distance of 423.59 feet to a point on the west line of said East%Z of the SE%of the SE '1a, Thence northerly along said west line, N 00°33'34"E a distance of 993.79 feet to a found steel pin monument marking the NW comer of said East%2 of the SE '/of the SE%; Thence easterly along the north line of said East%2 of the SE %of the SE%, S 89°27'32"E a distance of 448.90 feet to the POINT OF BEGINNING. The above-described tract of land contains 9.99 acres more or less subject to all existing easements and rights-of-way. See Exhibit B attached hereto and made part of. N� 7 6� * ?D .ac14g. ?AZI KAEL&Projectsl202112106o31AdminlLegals1210603 CG Zone Description Ph 2 081921.doc Page 216 EXHIBIT B I ..!?,IF, ,m,?1A2GYd '9 f L7 hf2 dX�3JiJ A! 1 -s_ea"5 . dose ilk Jill I 1 In P -i r` kA AMP 4 I -� ! 4z .. w �m s I ro CA) r McFadden Property H-2021-0048 Page 217 CERTIFICATION OF SUMMARY . William L.M . Nary, City Attorney of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . 10ir William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 214952 An Ordinance (H-2021 -0048 — McFadden Property ) for annexation of a the East '/z of the SE '/4 of the SE %4 of Section 1 , Township 3 North, Range 1 West, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 17 . 88 acres of land from RUT to C-C (Community Business) Zoning District in the Meridian City Code . ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] i ANNEXATION ORDINANCE — McFadden Property (H 2O204048) Page 4 of 3