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2022-02-08 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 08, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the January 25, 2022 City Council Work Session 2. Approve Minutes of the January 25, 2022 City Council Regular Meeting 3. Findings of Fact, Conclusions of Law for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. 4. Development Agreement Between the City of Meridian and Ronald Hatch (H-2021- 0026) for Property Located at 160 N. Linder Road (Parcel No. R3579000045 & R35790000040; Lots 8 & 9, Heppers Acre Subdivision) 5. Construction Contract for Public Works Construction Between City of Meridian and Cougar Excavation for the Watermain Replacement at Hickory Rd. from Pine to Fairview for the Not-to-Exceed Amount of $803,286.00 6. License Agreement Between the City of Meridian and Ada County Emergency Services District for Temporary Access and Construction ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics RESOLUTIONS \[Action Item\] 7. Resolution No. 22-2309: A Resolution of the Mayor and the City Council of the City of Meridian Appointing John Dinger to Seat 4 and Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 8. Resolution No. 22-2310: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Brandon Simpson to Seat 4 and Mike Medellin to Seat 5 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 9. Resolution No. 22-2311: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Mandi Stoddard to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 10. Resolution No. 22-2312: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Stephanie Hansen to Seat 4 and Melissa Carico to Seat 7 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun DEPARTMENT / COMMISSION REPORTS \[Action Item\] 11. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $1,528,160.00 to Add Western Ada Recreation District (WARD) Funds for the Meridian Pool and Lakeview Golf Course Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 12. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $89,818.00 for Transfer of Seasonal Groundskeeper Wages to Two Park Maintenance Full-Time Employees (FTE) Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 13. Parks and Recreation Department: Cooperative Agreement Between WARD and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities; License and Maintenance Agreement Between WARD and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision; and First Amendment to License and Management Agreement Between WARD and the City of Meridian for Maintenance and Operation of Lakeview Golf Course Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun ACTION ITEMS 14. Public Hearing for Meridian U-Haul Moving and Storage (H-2021-0101) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. Approved A. Request: Development Agreement Modification to allow self-storage, ancillary retail, and warehousing and vehicle and equipment with outdoor display. Motion to approve made by Councilwoman Strader, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 15. Public Hearing for Rackham East Council Review (CR-2022-0001) by Brighton Development, Inc., Located on the south side of I-84, ¼ mile east of S. Eagle Rd. A. Request: City Council Review of the Director's decision pertaining to the Alternative Compliance request to UDC 11-4-3-27B.3 to reduce the private usable open space required for each unit. Approved Motion to approve made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 16. Public Hearing for Rackham East/Eagle View Apartments (H-2021-0075) by Brighton Development, Inc., Located on the south side of I-84, ¼ mile east of S. Eagle Rd. Approved A. Request: Annexation of 25.76 acres of land with a C-G zoning district. B. Request: A Preliminary Plat consisting of two (2) multi-family residential building lots (i.e. Lots 1-2, Block 1) and six (6) commercial building lots (i.e. Lots 3-8, Block 1) on 29.7 acres of land. C. Request: A Conditional Use Permit for a multi-family development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. Motion to approve made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener ORDINANCES \[Action Item\] 17. Ordinance No.: 22-1967: An Ordinance (H-2021-0026 – Hatch Industrial) for Annexation of a Parcel of Land Being All of Lots 8 and 9 of Heppers Acre Subdivision as Recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, Said Parcel is Located in the Southwest Quarter of the Southwest Quarter of Section 12, 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 1.593 Acres of Land from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 18. Ordinance No. 22-1968: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to the Dimensional Standards for the Residential Districts in Chapter 2 and Landscape Buffers Along Streets Standards in Chapter 3; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 9:27 pm Item#1. Meridian City Council February 8, 2022. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, February 8, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Caleb Hood, Steven Siddoway, Alan Tiefenbach, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, February 8th at 6:02 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Up next will be our community invocation, which tonight will be delivered by Pastor Vinnie Hanke. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection for the community. Pastor. Hanke: Thank you, Mr. Mayor, Members of the City Council. Thanks again for the opportunity to come and pray for you as you begin your meeting. Would you pray with me. God, thank you for this evening. We thank you for the City of Meridian, for its citizens, for those who commit their time and energy to service it, God, though public service and our city government and our schools and our medical facilities and our law enforcement agencies and fire protection services. God, we ask that you would put a blessing upon all of them as they conduct their service to us. Would you help us to be a city that practices hospitality and love that is associated with who you are and, God, we ask that you be glorified with what the city would do tonight. Want to ask these things through Jesus Christ, amen. Bless you all. Have a good night. Thank you. Page 4 Meridian City Council Item#1. February 8,2022 Page 2 of 61 ADOPTION OF AGENDA Simison: Thank you. Next up is our adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have one minor housekeeping thing to do. Item 13 we want to move in front of Items 11 and 12 and hear from our Parks Department before we vote on budget amendments. So, we will just do that. So, Mr. Mayor, I move adoption of the agenda as amended. Borton: Second. Simison: I have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted at this time. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 25, 2022 City Council Work Session 2. Approve Minutes of the January 25, 2022 City Council Regular Meeting 3. Findings of Fact, Conclusions of Law for Aviator Springs (H-2021- 0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. 4. Development Agreement Between the City of Meridian and Ronald Hatch (H-2021-0026) for Property Located at 160 N. Linder Road (Parcel No. R3579000045 & R35790000040; Lots 8 & 9, Heppers Acre Subdivision) 5. Construction Contract for Public Works Construction Between City of Meridian and Cougar Excavation for the Watermain Replacement at Hickory Rd. from Pine to Fairview for the Not-to-Exceed Amount of $803,286.00 6. License Agreement Between the City of Meridian and Ada County Emergency Services District for Temporary Access and Construction Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Page 5 Meridian City Council Item#1. February 8,2022 Page 3 of u1 Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. RESOLUTIONS [Action Item] 7. Resolution No. 22-2309: A Resolution of the Mayor and the City Council of the City of Meridian Appointing John Dinger to Seat 4 and Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date Simison: Okay. Then, with that, we will move on to Resolutions this evening. So, Council, after a lengthy process of evaluating a lot of openings in our commissions for various reasons, some coming up that were vacant, some vacancies for a while, some new vacancies that occurred within the last couple days. We have several resolutions to consider to appoint to fill those vacancies, with the exception of one for Planning and Zoning, but we will get -- that's not on for tonight, that will be coming forward in a couple weeks. But we are just going to work our way through these resolutions. I will take them one at a time and talk about the folks, some of whom we have in the audience and which we will afford an opportunity to speak to. I don't see anybody online whose name I'm -- unless they have a different name not covered that we can tell, but if they are we will give them an opportunity to speak. But the first one is for our Historic Preservation Commission. We are real excited for two people that have been brought forward for this -- these positions. It's a real rarity, quite frankly, to have the quality and talent in the -- in the type. First I want to speak about Mr. Dinger. We want to focus on his research. You know, he -- he brings a different well of historic preservation from a side that I don't know there has really been -- happened since Frank Thomason was around -- maybe a little bit Page 6 Meridian City Council Item#1. February 8,2022 Page 4 of 61 with Lila and, frankly, he may be able to add to the work that they have built upon, the work that they did previously in terms of the research element. Staff can help with historic properties and other things, but it is a different -- different skill set. It's not often you find someone that does that in their spare time, historical research and writing and I was very impressed on that element. Also Pam Jagosh. She comes with experience in historic preservation from a previous community that she lived in over in Idaho Falls where she -- she went through the processes of helping them establish their historic walking tours and a lot of -- you know, has -- has that element of what other communities have done and she can either maybe bring some of that here or maybe do something new with whatever our focus is on from that perspective. So, two very stellar candidates for Historic Preservation in a way that I think is different and unique than what we have seen most recently. So, with that I would nominate those two to the Historic Preservation Commission. Well, they -- they are -- Mr. Dinger is here, but we don't let them speak until after they -- unless you have questions that you would like to quiz them on, but we don't want to scare them away from that standpoint. So, happy to entertain any questions you all have at this time or comments. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Yeah. I -- as we all know I -- I -- I guess this is not the Parks one that I was going to talk about, but Historic Preservation is an important aspect of Meridian, who we are and where we have came from and our roots and -- and I -- I personally know Ms. Jagosh well. She's --she's highly qualified for this position. I'm extremely excited that she applied and has been given the opportunity to serve this community in this capacity. So, congratulations, Pam. I'm excited to get to know John better. Simison: With that do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: We don't necessarily have liaisons to these commissions anymore and so I hope I'm not stepping on anybody's toes, but I would move that we approve Resolution No. 22-2309, appointing John Dinger and Pam Jagosh to the Historical Preservation Commission. Bernt: Second. Simison: I have a motion and a second to approve Resolution No. 22-2309. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. Page 7 Meridian City Council Item#1. February 8,2022 Page 5 of 61 Simison: John, would you like to come forward and say any comments? Dinger: Mr. Mayor, Council, I just want to thank you for this opportunity. I really appreciate being appointed to this. I do love history. I love Idaho and western history. As I read a lot of western history one of the places that really doesn't have a lot written is Idaho and when I look at Idaho history one of the places that doesn't have a lot of writing is Meridian and so I'm really excited to just jump in here and learn everything I can. Hopefully, as I was kindly described to have skill sets, hopefully that's true and hopefully I can apply that to Meridian and just help -- help that body of history grow. So, thank you. 8. Resolution No. 22-2310: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Brandon Simpson to Seat 4 and Mike Medellin to Seat 5 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Simison: Thanks, John. Council, next item up is Resolution No. 22-2310, which is our appointments to the Parks and Rec Commission for Brandon Simpson and Mike Medellin and you are going to have to excuse me moving forward. My notes from the rest of the applicants was unintentionally destroyed, so I don't have as much of my -- it's all from memory at this point in time and when you interview a lot of people hopefully you get it all right. But what I -- what I can tell you about the two individuals here is Brandon brings a unique skill set to the position. He really looks at it from the recreational side of sports, but also the business side of sports. He is someone who has been -- who is active in softball leagues and, you know, has spent time down and -- say at the Sparks, Nevada, location where they -- they have really looked at how -- how you can bring economic development to your community through recreational programs and the value that that can bring to your -- to your community. It also has young kids. The range -- you know, eight months up to nine. So, looking at the recreational programs from the youth aspect and that's something that's been missing from some -- you know, as our commission people have aged up that was one of the conversations with the chair and having that -- someone with that younger youth perspective would be really good for them. Then on the other end is Mike Medellin and, really, the best way to describe him is a lifelong parks user, but an avid pickle bailer and I don't want that -- I don't want that to dissuade some members of the Council from that standpoint, but it -- it -- it does -- it does -- a sport that is growing vastly in our area having some of that knowledge is hugely important on the commission. He's grown up in the parks, utilized and done all the events that we have offered as his kids have grown. His kids are now aging out of the home and looking for a way for himself to give back to the community. So, I think that they really both bring important skill sets that are --will help the Parks and Rec Commission look at the services and programs that we provide and I don't see either of them online or in the audience, but we will still be happy to answer any questions you have about these two. Cavener: Okay. Then Mr. Mayor? Simison: Councilman Cavener. Page 8 Meridian City Council Item#1. February 8,2022 Page u of 61 Cavener: I don't know if Mr. Bernt has any other comments he would want to make about Parks. I move that we approve Resolution No. 22-2310 appointing Brandon Simpson and Mike Medellin to the Meridian Parks Commission. Bernt: Second. Simison: I have a motion and a second to approve Resolution No. 22-2310. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. 9. Resolution No. 22-2311: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Mandi Stoddard to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Simison: Item 9 on our agenda is Resolution No. 22-2311 appointing Mandi Stoddard to the Meridian Planning and Zoning Commission. I had a lot of interest in Planning and Zoning Commission as -- as you can imagine and I will kind of focus a little -- go a little bit deeper into the next appointment as well just for some context, but we -- we had Rhonda, who was in the south part of our community, in our area of city impact and she decided not to consider -- continue going. We did not get anybody from the community from our area of city impact. You know, it's not required. It has been a practice that we have had for years through that process. But one of the important parts about -- to me when we look at Planning and Zoning is having a good geographical distribution, as best we can, of -- of people, as well as finding the right person, and the right temperament that's going to fit in and I -- I want to point out I did include all of the chairs of the commissions in these interviews and these -- these were joint discussions, joint recommendations for these positions and so Mandi rose to the top in both helping distribute some of the geographic area. She lives more along -- near Eagle Road, kind of that Ustick to Fairview area, which is where a lot of the other applicants -- we are really grouped around places where we already had other commissioners at that point in time, even though they provided a very unique skill set, this -- this provided a little bit of a place where we don't have someone currently and, then, her background. She has a wide variety of background from -- in the real estate industry, in the construction land development industry, but now she's in the business side of the world, not related to those industries and so she has a real level head. That was, you know, one of the things where Andy really talked about, you know, having someone that can really engage and hear both sides of the issue and, really, that would mesh well with the rest of the Commission. The other person that you will be hearing about in -- in the future -- Mr. Cassinelli had said that if we found somebody else he would be willing to step down from the Commission, which we did receive a resignation from him effective here in two weeks. So, there will be another person that we will be bringing forward from down in the Paramount region, a little further south from where Bill lives, again, to try to keep some of that geographic representation on the Commission. But just want to give you a full picture as we look at Page 9 Meridian City Council Item#1. February 8,2022 Page 1 of u1 the appointment consideration here in front of you at this time. But I think that this will help provide continued balance to the Planning and Zoning Commission from a resident who has been very appreciative of our community services since she's been here in Meridian and wants to give back to the community and be happy to answer any questions. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: You touched on how vital and how important our Planning and Zoning Commission is and I think all of our commissions have done a really great job, but I think our Planning and Zoning Commission has really been working diligently to try and represent our city and provide good recommendations to us. So, I'm excited about this nomination. So, if there is no other comments, I would move that we approve Resolution No. 22-2311 appointing Mandi Stoddard to the Planning and Zoning Commission. Bernt: Second. Simison: I have a motion and a second to approve Resolution No. 22-2311. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the motion is agreed to. MOTION CARRIED: ALLAYES. Simison: Ms. Stoddard, would you like to come forward and make any comments? Stoddard: I will keep it simple. I just want to say thank you for the opportunity. I really appreciate it. Simison: And get used to hearing that a lot, so -- Stoddard: Okay. Thank you for the opportunity. I really look forward to serving my community and I appreciate it a lot. Thank you. 10. Resolution No. 22-2312: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Stephanie Hansen to Seat 4 and Melissa Carico to Seat 7 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date Simison: Thanks, Mandi. The final item for you is Resolution No. 22-2310 for our Impact Fee Advisory Committee. Here we have two individuals and this was really -- impact fee traditionally has people that kind of are assigned to different parts of our city, parts of our departments that they are there to help be involved in and understand, to provide feedback through that impact fee process and so the first one -- individual Stephanie Hansen, she -- she applied for the Parks and Rec Commission, but, you know -- and -- and per the conversations with her we felt she would be a really good fit onto this, Page 10 Meridian City Council Item#1. February 8,2022 Page 8 of 61 because, A, she has a love and interest in parks, but she also -- she's an attorney and think that having that legal perspective -- not to say that the -- our Legal Department doesn't provide good -- good guidance, but the analytical mindset -- and that's -- I'm analytical, so I think that having a couple people with good analytical mind sets on impact fee makes a whole lot of sense and -- and, Stephanie, she just wants to -- she wants to get involved and she wanted to serve and she was happy to step into this role and I -- and -- and, quite frankly, work with, you know, Steve in the Parks and be there to help make sure that they are fairly represented on the commission. She may actually get involved a little bit in the Parks and Rec Commission so that she understands a little bit about what's relevant and what's moving forward. I believe that would be between Steve and her and -- and Todd from that standpoint and help her serve in that area. And -- and, then, Melissa, I -- you know, I have -- I met Melissa years ago in various ways and our paths have continued to cross throughout life. I know she sometimes plays -- has played a pickleball match or two against a few people as well, so her -- the paths are crossing, but -- but she definitely has a lot of those same analytical skill sets. She's a longtime Meridian resident, understands the value of the services that we receive, the need of this -- to continue to provide those services and the costs to provide those services and -- and I can just speak to her as a person and her willingness and ability and -- sometimes that's what happens when your house becomes a little bit more of an empty nest, you look for ways to give back to the community and I can say that's what we are seeing with Melissa. So, happy to move forward these two for your consideration at this time. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I sometimes wish that all of our citizens could attend an impact fee committee meeting. I think it's very eye-opening and I -- I appreciate Council Member Bernt being a past member of that and the impact that he's brought to that impact committee and I have no doubt that Stephanie and Melissa are going to do a great job and so with that, Mr. Mayor, I move that we approve Resolution No. 22-2312 appointing Stephanie Hansen and Melissa Carico to the Meridian Impact Fee Advisory Committee. Bernt: Second. Simison: I have a motion and a second to approve Resolution No. 22-2312. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: ALLAYES. Simison: Melissa, would you like to come forward -- and I failed to mention, the Fire Department is where Melissa's -- kind of filling in for that Fire Department connection on the impact fee committee. Page 11 Meridian City Council Item#1. February 8,2022 Page 9 of u1 Carico: Thanks, Mayor, Council. I want to tell you I'm really excited to be a part of the Impact Fee Committee and I thank you guys for the opportunity. Simison: Thanks, Melissa. Thanks for being here. And you -- you both are welcome to stay if you would like to for the evening or not. So, it's your--your call. Don't feel obligated as the case maybe. I hear we might be here a while, so I don't know. All right. Thank you, Council. DEPARTMENT / COMMISSION REPORTS [Action Item] 13. Parks and Recreation Department: Cooperative Agreement Between WARD and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities; License and Maintenance Agreement Between WARD and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision; and First Amendment to License and Management Agreement Between WARD and the City of Meridian for Maintenance and Operation of Lakeview Golf Course Simison: With that we will move on to Item now 11 -- was 13 on the agenda. The Parks and Recreation Department cooperative agreement between WARD and the City of Meridian for financial contribution to support licensed recreational activities and I will turn this over to Mr. Siddoway. Siddoway: Thank you, Mr. Mayor, Members of the Council. We are coming before you tonight to propose a series of agreements that would have us take over the operations of the Meridian pool from Western Ada Recreation District and, eventually, the -- the ownership. WARD approached us -- well, it's been out there I think -- from one of the Mayor's state of the city addresses a while ago, but formerly WARD approached us that last fall to start talking about -- in a little more earnestly the idea of taking over operations of the pool this last fall. Since that--over these last several months we have been working with WARD, with Finance, a lot with HR on the staffing side, with Legal on the agreements and the Mayor's office to get to where we are tonight. I want to publicly mention some kudos to Garrett White, who has done probably the majority of the heavy lifting to get us to where we are. I don't know if you know this, but he comes to us from his -- he's been with us for quite a while, but his previous job actually included working with the pool. So, he has some experience that is definitely going to benefit us. I would like to kind of -- I would like to turn this over to him. Garrett will provide a summary of each of the agreements and review the proposal that we have with Council. He could also answer any questions there may be about the inspection process and bid process that's underway. So, with that I will turn it over to Garrett. White: All right. Thank you, Steve. Mr. Mayor, Members of the Council, in front of you guys, like Steve said, is -- are three different agreements. We have been talking with WARD over the past several months just in discussions on what this really means, of us both operating the pool and maintaining it. The first agreement you are going to see is Page 12 Meridian City Council Item#1. February 8,2022 Page 10 of 61 the cooperative agreement for financial contribution from WARD in the amount of 1,263,555 dollars. In addition to that WARD's contribution -- the city would be collecting all the revenues from the pool, which are estimated about 264,000 dollars based on previous seasons. The second one is a license and maintenance agreement that actually allows us to operate and maintain the pool and the small park off of Tammy Street, which they call Settlers Park or the -- the small park off of Tammy Street. The third agreement -- the third agreement is really just an amendment to the license and maintenance agreement with Lakeview Golf Course and, really, what that does is just extending the termination date to match all three of these agreements. So, with that I will stand for questions. Simison: Thank you, Garrett. Council, questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Garrett, I just want to make sure I -- I heard you right on the budget amendment amounts. I think the amount you said was different than I think the number and I just didn't know if -- if I misheard you or if we swapped some numbers. The number that I have got before me is one point -- 1,528,160. White: So --yes. I'm sorry. Mr. Mayor and Councilman Cavener, so the total from WARD will be the two -- 1,263,555. Plus the revenues of 264,605, for the total of 1.5 and some change. Cavener: Did the math. White: Yeah. Good question. Thanks for asking. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Garrett, is it--one of these agreements identify the ultimate transfer of ownership of the asset at the end of the term? White: I believe so. At that one it would be the licensing agreement when it ends. The actual ownership agreement will come separately and I think Bill can probably answer that question better than I can, but I believe it's a separate agreement at the end of the use for the ownership. Nary: Mr. Mayor, Members of the Council, yeah, Garrett's correct. I think the anticipation is that would be the next stage of transfer would be a separate agreement then. Right now this is really just maintenance and operations and the transfer of funding. Page 13 Meridian City Council Item#1. February 8,2022 Page 11 of 61 Borton: So, did the -- Mr. Mayor? Simison: Councilman Borton. Borton: That commitment of WARD to do that at that future time we don't need to lock in now? Garrett: That -- to my understanding, yes, that's what WARD wants to do. They want to be done at the end of this agreement and transfer the ownership of the pool and the small park. Borton: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a quick follow up on that point. I recall there was some flexibility in terms of the actual termination of the asset as they are collecting tax revenue and potentially sharing it. Do you have any clarity on the date that the asset will actually be transferred or are we intentionally keeping that open? Garrett: Mr. Mayor, Council Woman Strader -- Council Woman Strader, that I believe is -- they are supposed to end on September 30th of 2024 and the intention I believe is to have the ownership at the same time at the end of that. That is the intent. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I mean I think that speaks to the ultimate intent of this agreement, which is ultimately to save taxpayers money by dissolving a taxing entity that is redundant. Appreciate that. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No other questions, I move that -- oh. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 14 Meridian City Council Item#1. February 8,2022 Page 1 of u I Hoaglun: I just wanted to make sure, Bill, on -- on that -- that first amendment, the license and management agreement, in -- in that section in the whereas it talks about the term agreement set to end on September 30th, 2023, and, then, in -- in -- under Section 1-13, term of agreement, it ends on September 30th, 2024, unless the parties mutually agree and I -- I would assume the lower body is part of it, not the whereas. Is -- is there some -- one being 2023, one being 2024, 1 wasn't sure what the issue was there. I just happened to catch that this time reading through it. Nary: So, Mr. Mayor, Members of the Council, certainly the -- the clause within the contract is what is controlling, not the whereas clause and I guess I'm not seeing that whereas, so -- within the maintenance one, is that what you said? Hoaglun: Yeah. This is on the maintenance and operation, license -- Nary: Oh. Okay. Yeah. And we can correct that, so -- Hoaglun: Okay. Simison: Councilman Cavener. Cavener: I move that we approve Item 13, a cooperative agreement between the Western Ada Recreation District and the City of Meridian for financial contribution to support licensed recreational activities in the City of Meridian related to the maintenance and operation of Meridian Community Pool and the Tammy Park, also known as Settlers Village Park in the City of Meridian. Strader: Second. Simison: I have a motion and a second. Do I have any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: ALLAYES. Garrett: Thank you. 11. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $1,528,160.00 to Add Western Ada Recreation District (WARD) Funds for the Meridian Pool and Lakeview Golf Course Simison: Thanks, Garrett. So, the next item up is the Parks and Recreation Department fiscal year 2022 net zero budget amendment in the amount of 1,528,160 dollars. Mr. Siddoway. Siddoway: I just went over the -- the numbers, but just to clarify for the record, we are requesting spending authority on a total of the 1 ,528,160 -- 1,528,160 dollars for this net Page 15 Meridian City Council Item#1. February 8,2022 Page 13 of 61 zero budget amendment. That's the amount that will be contributed from WARD. The breakdown of that is just over the 1.2 million coming from them directly and the rest -- the remainder of 264,000 -- that balance comes from foregone revenues from the pool that they will allow us to retain as we bring them in. We have worked out -- we have worked with Finance to propose a division -- an initial division between pool and golf, but would ask that we would be able to work with Finance to shift funds accordingly if more or less is needed for one or the other and with that I will stand for any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Steve. So, this is for fiscal year 2022. Does that mean they have, essentially, until the end of September to actually transfer those funds or how will the timing of that work in relationship to the cost the city will incur for capital projects and maintenance? Siddoway: Yeah. Good question. It's actually spelled out in the agreement that you just approved. There is two separate payments that they have to make and that's based on their collection of-- of tax receipts. So, I don't remember the dates off the top of my head, but there are two dates stipulated when they will make their payments. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we approve the fiscal year '22 net zero budget amendment for the amount of 1,528,160 dollars -- it says to the Western Ada Recreation District, but I think it's from the Western Ada Recreation District for the Meridian pool and Lakeview Golf Course. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and item is agreed to. MOTION CARRIED: ALLAYES. Page 16 Meridian City Council Item#1. February 8,2022 Page 1 of 61 12. Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $89,818.00 for Transfer of Seasonal Groundskeeper Wages to Two Park Maintenance Full-Time Employees (FTE) Simison: Next item up is the Parks and Recreation Department fiscal year '22 -- 2022 net zero budget amendment in the amount of 89,918 dollars and turn this over to Mr. Siddoway. Siddoway: Thank you, Mr. Mayor, Members of the Council. This one is really just a shift within our existing budget. We have been experiencing staffing shortages on our seasonal labor side. For the last couple years we have been unable to hire the number of seasonal positions that we need to successfully maintain our -- our system. Staff have been stepping up and working overtime and taking on extra duties, but, you know, that can only be for so long. It also affects our customer service and causes deferred maintenance projects that have to be pushed out. We do think that we would be more successful at attracting full-time labor and we have worked out with Finance a net zero budget amendment where all the funds needed to cover those two positions would come from our seasonal staff budget. So, we are just proposing a shifting of funds, which amounts to about 18 percent of our current seasonal labor budget to hire two full-time staff as maintenance techs to give us the coverage that we need. That's in the amount of 89,818 dollars and with that I will stand for any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I don't have a question. I just want to say how excited I am about this. As the Parks liaison last year Steve and I had a lot of conversations about how challenging it was to retain -- to hire and retain seasonal employees. So, I am excited about the consistency this will bring to the department and happy to see this on the agenda. Siddoway: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I have to agree with Council Member Perreault. I think as our park system continues to grow, having permanent, consistent maintenance staff is -- is the right decision. So, I appreciate your forward thinking on this, Steve, and I'm happy to make the motion that the Council approves the Parks and Rec Department fiscal year 2022 net zero budget amendment in the amount of 89,818 dollars for the transfer -- transfer of seasonal groundskeepers to two full-time parks maintenance employees. Page 17 Meridian City Council Item#1. February 8,2022 Page 1 of 61 Perreault: Mr. Mayor, I second that motion. Simison: I have a motion and a second to approve the net zero budget amendment. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Siddoway: Thank you. ACTION ITEMS 14. Public Hearing for Meridian U-Haul Moving and Storage (H-2021-0101) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. A. Request: Development Agreement Modification to allow self-storage, ancillary retail, and warehousing and vehicle and equipment with outdoor display. Simison: Thanks, Steve. And thank you to our public this evening for allowing us to get through the items that we normally wouldn't do on our 6:00 o'clock, but had to shift this evening and they were timely. So, with that we will move on to public hearing items this evening. First item up is a public hearing for Meridian U-Haul Storage -- Moving and Storage. We will open this public hearing, H-2021-0101, with staff comments. Tiefenbach: Greetings, Mr. Mayor, Members of the Council. Alan Tiefenbach, associate planner with the City of Meridian. Good evening. Okay. This is a development agreement modification. The property consists of 6.86 acres of land. It's zoned C-G. It's located at the northwest corner of East Overland and South Locust Grove. It's right behind -- pretty close to behind the -- the gym -- the climbing gym if you know where that is. Just -- just a quick history to kind of tell you where we -- how we got here. Okay. So, this is a -- this is a proposal for a development agreement modification to allow self storage rental and outdoor display of vehicles and equipment and accessory retail for a U-Haul business. There is a conditional use that is being processed concurrently with this coming in front of you next Thursday. It was supposed to come in front of you last Thursday, but they didn't post the sign correctly and they were able to do it for this, but not for that. So, it had to be continued. The property consists of three lots. Just a little less than seven acres. It was annexed into the city in 1999 as what was called the Overland Storage Annexation. The development agreement for that allows only -- so, it's very specific and it only allows the construction, development, and use of a self-storage facility. It even Page 18 Meridian City Council Item#1. February 8,2022 Page 16 of 61 says it shall be eight buildings of various sizes. The conditional use was approved for this following that annexation, but for whatever reason the self-storage facility was never built. So, this property was annexed, zoned, and there was a development agreement written specifically for the reason of self storage. Since that time just -- recently staff and the applicant have had numerous discussions regarding the location of a new facility. We have looked at lots of different places and due to the location, the surrounding uses, the zoning and that this was already annexed for the purpose of a self storage, this particular location was selected. However, in addition to the self storage, as typical for a U-Haul facility, they also intend to display some of their trucks and equipment rental and have the little store where you can buy the moving items. Unfortunately, because the development agreement is so specific they actually can't do that, so -- so, the -- the point of this DA mod is to remove that specific language and to let the site plan and the elevations that they are bringing to the Planning Commission Thursday govern the site. But as far as uses go, it would just fall back to C-G, which is what it is zoned now. So, again, the -- the C-G allows vehicle sales, rental and service as a permitted use. The equipment-- as well as the equipment rental sales and service, but, then, self storages are allowed by conditional use and warehousing and outdoor storage is an accessory. So, all of this working together, basically, they can do what they want under a conditional use. And just in case you are interested, here is the site plan of what they want to do. I believe that there are six buildings -- one, two, three, four, five, six. These are -- staff has spent quite a bit of time working with the applicant on the elevations and the perspectives. Certainly we have some recommendations for conditions of approval to the Planning Commission next Thursday, like we don't like the exposed stairs. So, we are going to ask them to come up with a better way to screen that and some work on the doors and that. Most of that can happen administratively, but with that this is a relatively simple case in front of you tonight, Council, and I could stand for any questions or comments. Simison: Thank you, Alan. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Alan, the bottom of page two in the staff report it -- that the proposed section that would be modified, am I understanding correctly that it says the construction development use and maintenance of a mini-storage facility consisting of at least eight buildings of various sizes and you had mentioned that there were six buildings. Tiefenbach: So, the -- the -- I could be wrong. It could be eight. The -- the applicant proposed that language. So, they struck some language and added the language that they were proposing and staff was recommending all that language just be taken out altogether, that it would just fall back to the C-G zone district and would just refer to the site plan and the elevations. So, that language would be completely gone. It is a little confusing, so I apologize if I wasn't clear about that with you, Council Person. Perreault: Mr. Mayor, one follow up. Page 19 Meridian City Council Item#1. February 8,2022 Page 11 of 61 Simison: Council Woman Perreault. Perreault: Thank you. So, the way this reads if -- I don't know how exactly it will be changed if it's going to be modified from what's in the staff report, but is it saying that the -- included in those eight buildings is the self-service storage, the showroom, or are those in addition to the -- the storage -- mini-storage facility? Tiefenbach: So, the self storage facility would be the primary use and the outdoor storage around all the retail and all that equipment will all be an accessory use to that self storage, but -- but, again, we are recommending that that entire language just be stricken. There wouldn't even be any mention at all what the use is, it would just be C-G and it would -- and it would be the typical generally will conform to the site plan and elevations approved on this date. Simison: Council, any additional questions for staff? Okay. Is the applicant online? Did I see their name? Johnson: Mr. Mayor, he is online. Simison: Okay. If the applicant would like to unmute themselves, if they are not, and be recognized for 15 minutes for any comments. Kaur: Hello. This is Gurnoor. I am representing Americorps Real Estate based in Phoenix,Arizona. And Americorps is a wholly owned real estate subsidiary of the U-Haul system. Simison: If you can state your name and address for the record, please. Kaur: Sure. My name is Gurnoor Kaur. The address is 2727 North Central Avenue, Suite 500, Phoenix, Arizona. Simison: Thank you. Do you have any comments you would like to add to what staff already stated? Kaur: Not really, but I can -- Simison: It's not necessary. Kaur: Alan did a really great job explaining everything for us and I can answer any questions that anyone has and I can definitely add one more thing. As far as U-Haul is concerned, we have done such projects over 2,000 different locations in the United States and Canada and I can vouch for this one thing that U-Haul never leaves a location, it always stays functional. We might do some upgrades. We might introduce more services, but we never leave a location. It's always functional. So, you will never have a site just sitting in your city and not being used. But I am here if you have any questions regarding the site plan that you are looking at or anything else that I could help you with. Page 20 Meridian City Council Item#1. February 8,2022 Page 18 of 61 Simison: Okay. Thank you. Council, any questions for the applicant? Seeing no questions, thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, there was no one that signed up online or here. Simison: Okay. Is there anybody in the audience that would like to come forward and provide testimony on this item at this time or anybody online who would like to provide testimony you can use the raise your hand feature at the bottom of Zoom. Seeing nobody in either location, would the applicant like to make any final comments? Kaur: No. Thank you. Simison: Okay. Then with that, Council, I will turn it over to you. Borton: Mr. Mayor? Simison: Councilman Hoaglun. Borton: Question for Alan. At the start of your presentation I see this -- this application disconnected from the CUP. Why would we act on it until they are together? It just seems like you would have both of those addressed together and proceeding today doesn't really advance it, because it's still contingent on that. So, push -- push them together and have the DA available if necessary. Tiefenbach: Mr. Borton, Mr. Mayor and Members of the Council, they are sort of two separate things. One is contingent upon the other. So, if this wasn't approved the project would be dead and if the conditional use wasn't approved it would still be dead, but they are two separate things. I'm not sure if I answered your question or not. We -- the -- the -- this -- this doesn't -- this does not have to go to the Council -- or to the Commission, the development agreement mod, and the -- the conditional use actually stops with the Planning Commission. It was hopefully going to be the other way until they didn't post the site right. So -- so, they are -- so, they are both one person -- one -- one person -- they are both one body hearings, it's just this one ended up being before because of the posting issue. Borton: Okay. Thanks. Tiefenbach: If -- if you don't approve this, the conditional use is dead and if they don't approve the conditional use, then, it's dead anyway. Nary: Mr. Mayor? Simison: Mr. Nary. Page 21 Meridian City Council Item#1. February 8,2022 Page 1 of u I Nary: Mr. Mayor, Members of the Council, Councilman Borton, maybe -- I don't know why it was ever the other way around. It never should have been in front of the Planning and Zoning Commission for the CU, because they can't approve a CU if the use isn't allowed. So, the use has to be allowed by the development agreement before they consider a conditional use. So, actually, the error of -- of not posting it properly works better in the applicant's favor, because they actually would have had to hold it at P and Z anyway, because they wouldn't know if this Council would approve the development agreement. So, it has to be in this order for it to make sense logically in code. Tiefenbach: What he said. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Unless there are anymore questions, I move that we close the public hearing. Bernt: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm happy to make a motion. For me I think I'm comfortable approving it given that it references directly to site plans and elevations. So, after considering all staff, applicant, and public testimony I move to approve File No. H-2021-0101 as presented in the staff report for today's hearing date. Bernt: Second. Simison: I have a motion and a second to approve Item H-2021-0101. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Page 22 Meridian City Council Item#1. February 8,2022 Page 20 of 61 15. Public Hearing for Rackham East Council Review (CR-2022-0001) by Brighton Development, Inc., Located on the south side of 1-84, 1/4 mile east of S. Eagle Rd. A. Request: City Council Review of the Director's decision pertaining to the Alternative Compliance request to UDC 11-4-3-27B.3 to reduce the private usable open space required for each unit. 16. Public Hearing for Rackham East/Eagle View Apartments (H-2021- 0075) by Brighton Development, Inc., Located on the south side of I- 84, '/4 mile east of S. Eagle Rd. A. Request: Annexation of 25.76 acres of land with a C-G zoning district. Simison: Thanks, Alan. Next item up for this evening is public hearings for Rackham East Council Review, HCR-2022-0001 and Rackham East Eagle View Apartments, H- 2021-0075. We will open both these public hearings together and I will turn this over to Mr. Hood for staff comments. Bernt: Mr. Mayor? Simison: Mr. Bernt. Bernt: So, normally I recuse myself with -- with Brighton projects. However, I don't do any of their multi-family work, so I will be -- I don't have a conflict this evening. Simison: Thank you. Hood: Mayor, Members of the Council, Caleb Hood, Meridian planning division. I am pinch hitting this evening for Sonya. She presented this application at the Planning and Zoning Commission and so I will forward on their recommendation to you this evening for the Rackham East Eagle View Apartments. The applications before you are an annexation and preliminary plat, a CUP and a City Council review. So, a little bit more on those applications. The annexation includes 25.76 acres of land. The preliminary plat consists of two multi-family residential building lots and six commercial building lots on 29.7 acres and the CUP is for multi-family residential development consisting of 396 units on 15.94 acres. The City Council review application is to -- is in regard to the private usable open space associated with the multi-family residential development and I will get into all of those a little bit more here as I get into the presentation a little bit more. The property is located just south of 1-84 as you can see on the screen and about a quarter mile east of Eagle, north of Overland off of Rolling Hill Drive. There is a small portion of the property that is already annexed and zoned in the city with C-G zoning. It's right here and the majority of the site is currently R-1 in Ada county, proposed to C-G, although staff is recommending an R-4 zone, which more closely represents the proposed land use for a majority of this, which is multi-family. Access is currently provided to the site off of Page 23 Meridian City Council Item#1. February 8,2022 Page 21 of 61 Rolling Hill Drive and we will speak a little bit more of -- about Rolling Hill Drive here in a minute, but that does provide current access to the site. There is also access provided through the new project to the east, again, which a portion of this is being -- part of the subject site plan for this application. So, access, actually, can be provided from the west as well into the site. Here is a copy of the annexation boundary. So, again, this isn't the entire site, there is some -- just to the west that's already annexed and zoned. Here is the preliminary plat. Not a whole lot to look at here. Here is largely the multi-family areas. That annexation boundary, then, would come here and, again, here is the existing part that's already in the city and, then, here is your commercial lots along the 1-84 frontage. Landscape plan -- well, I think we will look a little bit more at the detailed landscape plan with the multi-family project. There is not a whole lot of landscaping to look at here with the preliminary plat. I'm going to move along. Here is the overall site. So, again, the multi-family lots are here. The extension of the access in from Silverstone into the subject property. There is a 14 foot wide sliver that I will also point out. It doesn't show up very well on that exhibit. Along the eastern boundary of the -- of the property. I'm under the understanding that the applicant is in the process of purchasing that, but hasn't closed on the property as of yet and so one of the things to point out to you is that the Commission did recommend a new condition requiring an ingress-egress easement be provided to that property if it's not obtained by the developer for access, so that it doesn't become landlocked in the case they aren't able to acquire it. Go back to this one. As I mentioned, access to the site today is off of South Rolling Hill Drive. It's an existing rural local street that serves the residential properties to the south. So, rural residential properties, again, in the county. Then there is two driveways from -- again from the west from Silverstone Way. Rolling Hill Drive is not improved to urban street standards. So, it -- it is I think about 24 feet wide of pavement. It doesn't have any street lights. Doesn't have curb, gutter and sidewalk. And for that reason and some others the applicant is proposing access to the site from the -- the city properties to the west, with emergency access only to Rolling Hill Drive. There has been some back and forth and I do have a -- an updated memo from ACHD with some new traffic analysis that was done. The staff report that ACHD provided the city did have a couple of options for the applicant that would make Rolling Hill there an opportunity, If Rolling Hill is improved to --to some of ACHD standards to use that as access. It's my understanding -- and I will let the applicant speak a little bit more to that, but they are proposing to just leave that as a bollard emergency access only to their southern boundary and not make any additional improvements at this time, but provide bollards so access, again, to the site would not come in from the south. The Ridenbaugh Canal traverses the -- generally to the east side of this property. The Council is requesting a waiver to allow the canal to remain open and not be piped that is pretty typical. The Ridenbaugh, as you know, is a large facility. I can't think of a time we have ever required it to be covered, but they are proposing a six foot tall open vision wrought iron fence along the canal to preserve public safety there. I will just note here and I will remind you if you forget, but in any motion to approve this project, if you could explicitly state that you are -- that you are granting them a waiver from the requirement to cover the Ridenbaugh that's appreciated. The multi-family development that you see on the screen includes, again, 396 units. There is a mix of studio one and two bedroom units. The gross density of the development is 24.8 units per acre, which is consistent with the desired MUR, mixed use regional designation on -- on the future land use map Page 24 Meridian City Council Item#1. February 8,2022 Page 22 of u I comprehensive plan. So, here is the site and landscape plan. I mentioned earlier -- I'm going to kind of go back and forth between the open space exhibit, which is on the site plan now, and the amenity and open space exhibit that I flashed for a second. The applicant has requested alternative compliance to the private usable open space standard, which has more to do with the individual units than common open space. Staff did approve a reduction to our standard of 80 square feet per unit, a 20 percent reduction, but the applicant is proposing zero for the studio units, zero percent; 54 to 60 square feet for the one bedroom units and 58 to 85 square feet for the two bedroom units. Again, their justification that was provided to staff was because they have extraordinary common open space and amenities in the pools and the clubhouses and the green spaces and some of the ancillary amenities that are within them. The private usable open space, such as patios and balconies, decks, those types of things, that -- that was the request they were asking for and we didn't believe that that met the intent of the code, so we did not approve that. But that is for you -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Hey, Caleb, what is -- I don't -- I don't mean to interrupt. So -- so, basically --just a question. Clarification. So, the -- the only difference between -- the difference between common open space and what they are requesting a waiver on is just like patios -- Hood: Right. Bernt: -- with the individual units themselves. Hood: So, Mayor, Councilman, yes. So, there are two -- two different requirements. One is for common open space for the project that, again, is common and shared and anybody can use it practically at anytime and, then, we have a separate, based on -- for each -- for each individual unit their own private area that they can keep their bike, have a cigarette, whatever they are going to do in their own little private space and that is what the applicant is -- has requested the relief from -- to provide for the studios, none of that. So, anything -- once you walk out your door you don't have anything. It's common or private or something else and, then, for the one and the two beds they are proposing some for those. So, again, kind of a sliding scale that I read to you there. But, again, studios no private outdoor. So, indoor, right, you are renting your unit, so anything inside the walls would, obviously, be private, but nothing out of doors that would be -- that you could call your own outside. I will just note, you know, this is something we have back on our -- the UDC focus group to discuss some more as a topic. It's not the first request that we have had this way, so it is something to bring back up and -- and just reevaluate and see if this is the right code for the city. But right now that is what we have on the books and, again, their justification for not providing was -- was that this is the, again, common open space and amenities is good enough, that not -- not -- that it's not needed for -- for some of them that are at that square footage. So, I hope that answered the question. Page 25 Meridian City Council Item#1. February 8,2022 Page 23 of 61 Strader: Mr. Mayor? Sorry. Simison: Council Woman Strader. Strader: I apologize, but maybe because we are on that point and I'm not clear, maybe better to just stop now. So, my understanding, Caleb, of our open space -- qualified open space calculation is that it's driven off of -- not only the building footprint, but also the unit count. What I think I just heard you describe was individual open space attached to each unit, but I just want to make sure that I'm not misinterpreting something. I always thought that our qualified open space calculation was driven off of not only the square footage of the building, but also the unit count and unit size. Hood: Mr. Mayor, Council Woman Strader, yeah. So, again, two separate things. You --you have that correct, it is the acreage and number of units for common usable qualified open space. That's not what they are asking for relief from. It is the individual -- again, think a balcony or a patio or something that's fenced that I walk out of my slider out of my back door and I have a little something that I can stand in that no one else can because it's mine and attached to my unit versus the -- what you just described, which is the common tot lots and playgrounds and swimming pools and those types of things. So, two separate things. But -- and, again, I will let them make -- make their pitch to you more, but they are saying our common amenities are so nice we don't need to provide to the level the city requires, those private areas for them, because there is enough of the -- or high quality and enough of the other types of open space. Strader: Perfect. Thank you. Simison: Council, anymore questions on this? Okay. Hood: A couple more things I think in my presentation. So, off-street parking was also something that was talked about in -- in the staff report and at the Planning and Zoning Commission. The UDC does require a minimum of 660 standard parking spaces. Of that 348 should be covered and 14 spaces for the clubhouse, so they are providing 651, which is nine spaces below the minimum. We did work with the applicant and they are proposing some parking along the drive aisle here, so that was something that the Commission talked about. There is a condition in the staff report talking about meeting the UDC standards for parking. I believe they have complied with that, but that is something that will be verified when we get into CZC and, again, maybe they will want to talk about that a little bit more in their presentation or if the Council has any questions about that. Some of the -- the discussion was is it on-street or is this on-site parking, if you put it along -- along the street and proximity to the clubhouse and some of these other places, how usable would it be. So, that -- that is, again, in the staff report and, originally, with what they submitted they were nine parking stalls short, but have been working to gain compliance with the code since. I already kind of flashed the building elevation. Sorry. I -- I will let you maybe talk about your amenities a little bit more, but here -- here is a quick slide of some of the amenities that they are proposing with this project and, again, we can jump back here if you want me to linger a little bit longer on this slide and, then, their Page 26 Meridian City Council Item#1. February 8,2022 Page—of 61 pedestrian network. So, here are your sidewalks, your connections, your crosswalks showing the connectivity at least internally on this project and, then, the building elevations -- I flashed those pretty quickly, but there are four four-story multi-family residential buildings and the fitness and leasing buildings and, then, there are two five- story office buildings proposed. These have been given a preliminary review, but -- but final review will, obviously, occur with CZC and design review and they will need to comply with the -- all the design standards in the architectural standards manual, but I didn't see anything in Sonya's report that said that there is anything glaring with these that they couldn't comply, but a detailed review of these buildings has not been performed at this point of the application, so -- so, in -- in review the -- the Commission did have a couple of changes, again, including a condition for construction traffic for the proposed development to access the site from the west via Silverstone Way, rather than from South Rolling Hill Drive. That was part of the applicant's testimony there and I do know -- I saw some a-mails even late this afternoon they have been working with the fire marshal on that and what type of bollard gate chain should be out there, so that is one of the things that the Commission added to the staff report and, then, a requirement that the applicant submit a copy of the purchase agreement for the out-parcel at the north boundary in lieu of granting an access easement to that property. So, one of the others, but they did add that -- that condition just in case. So, if they provide that later we don't need to have the recorded cross-access if that's done in a timely manner. So, I already mentioned from my standpoint, though, a couple of things to think about as you are reviewing this project and any motion to approve the project would be the waiver for the Ridenbaugh Canal and the applicant's request -- oh, I didn't touch on this one. I'm sorry. In the staff report condition -- DA provision number one asked the applicant to submit a development agreement modification before Council. At this point that hasn't been done, so it's not before Council, so it's just a tweak to that that it will be a new development agreement. Where it gets a little bit tricky is that one piece that's already annexed, but we can figure that out I'm confident with the applicant. I don't want to get bound up today about figuring out DA mod, new DA. There may be both and the rezone for that and zoning of that and just making sure that all comes together. There is some -- again some a-mails late this afternoon. I think with legal descriptions and applications we can clean that up. But, sorry, I -- do you have a question, Councilmen, Mayor? Bernt: Yeah. Simison: Councilman Bernt. Bernt: So, more clarity and what you just mentioned. It was -- I don't quite follow what you just said. Sorry. Hood: So, Sonya had a condition -- I didn't write the page number down. I can look at it, though. It's the first development agreement provision on page -- almost there -- and, essentially, it's what our standard language is for our new annexations. It's just prior to annexation ordinance approval record a development agreement. So, that -- that's basically the change to that is to strike through an amended -- an amendment to the existing development agreement. It's going to be a new development agreement for the Page 27 Meridian City Council Item#1. February 8,2022 Page—of 61 project that's before you this evening. So, a little bit of semantics there, but it -- again just timing wise that -- that didn't happen prior to Council, so we will go ahead and do a development agreement -- a new development agreement for this project. Does that -- that make sense? Bernt: Yeah, it makes sense. Hood: So, those are the two kind of cleanup things, at least from my standpoint. If you want to change any other things regarding the private usable open space we talked about, that's at your discretion. Staff's not requesting that of you. And, then, again, maybe a clarification from the applicant even on the ACHD staff report and if there -- the timing of when the bollards will happen and if a right-of-way vacation is also going to need to occur to vacate the right-of-way north into their site. So, just the timing and how they intend to use Rackham I think would be a good part of the discussion as well, since that's been most of the concerns from the neighbors to the south. To that point we do have as of 3:00 o'clock or so this afternoon there were two letters that we had received since the Planning and Zoning Commission from Chris Maiocca, apologize, and Michael Blowers. So, those are there. If you haven't looked at those -- those came in since the Planning and Zoning Commission and with that, Mr. Mayor, I will stand for any further questions you may have. Simison: Thank you. Council, any additional questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Thank you, Caleb. Can you help me understand the applicant's proposal for the two commercial buildings, but, then, the six lots? So, the concept plan shows the two buildings there, but I'm trying to understand why plat it for six commercial building lots if they are only actually going to do two commercial buildings? Hood: Mr. Mayor, Council Woman Perreault, it's a good question and I have not asked the applicant that and, again, this is Sonya's project, so I'm kind of curious myself, but maybe if they can work that into their presentation. I could venture a guest, but I do not know. Perreault: Mr. Mayor, just one follow up. Simison: Council Woman Perreault. Perreault: Thank you. So, the other alternative compliance items that are on page one of the staff report, those are going to be considered with the CUP application; correct? So, we are only going to be concerned with the -- the balcony space in -- in our conversation today, not the parking or any of those things. Page 28 Meridian City Council Item#1. February 8,2022 Page 26 of 61 Hood: So, Mr. Mayor, Members of Council, Council Woman Perreault, to me it's all on the table. So, if you have -- if that's part of your motion and you feel one way or the other to make this project go, you want to approve it contingent on that, you are the decision maker, so you can address any of those things and, again, we are at annexation stage, too. You have got annexation and a CUP. So, yeah, again, anything you see or don't see that you want to change that's within your purview this evening. Simison: Council, additional -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thank you, Caleb. My questions are around the FLUM and how this kind of fits with our plan holistically for this area of the city. If we, you know, kind of look at this area in the C-G zone -- I guess my first question is going to be do we think holistically we are getting the right amount of commercial out of this area as a whole and my second question is going to be -- you can't come up with two more different residential uses right next to each other. How do we feel this addresses transition or what -- what in the FLUM addresses transition and what would we expect to see between such different residential uses? Hood: Mr. Mayor, Council Woman Strader, good -- good questions. The first one I guess is a little bit personal choice or flavor or definitely opinion. We don't have a specific target of commercial to residential in our mixed use regional designations. I will call to your attention, though, you know, there are -- most of this mixed use regionally designated area, aside from the stuff that hasn't been annexed yet that's still in the county, has come in with commercial. So, this is the first residential component in -- in there. Yeah, 384 lots or 60 -- yeah. This -- I mean that's -- that's quite a few residential, but overall in -- in the -- in the --the designation I think we are doing pretty well if we have roughly 20 percent or so of -- of those mixed-use regional areas for set aside for non-residential uses. So, again, that's my opinion. We have some ranges in our comp plan that talk about that and wanting a mix of uses, but unlike some other mixed use designations I'm not concerned at this point with the percentage of our mixed use regional that is going to residential. Your second question is a valid one and I will just be frank with you, I would much prefer that this area transition into the city from Overland to the freeway, not the other way around, for some of the issues that Rolling Hill Drive creates. Naturally you want to use Rolling Hill to get here and we are bollarding it and kind of making a workaround, but to me the natural progression would be to have some of those lots redevelop in the city and, again, work that so that your improvements to the road and your other, infrastructure like sewer and water, can progress to the north towards the freeway, so you are not left with this enclave of county properties. The comp plan does talk about transition and buffers and things like that, but maybe not to the -- that extent; right? It talks, you know, 20, 25 feet to non-residential uses, but it really doesn't talk about-- aside from creating enclaves doesn't really address an appropriate transition of city lots or density to county, one, two three acre parcels. So, I'm sorry, I'm really not a lot help in either one of those questions. Page 29 Meridian City Council Item#1. February 8,2022 Page— —6 I They are good observations, but we --we have some policies that address it, but it doesn't go as far as to say this is what you do every time in this situation. Strader: Thanks for the context. Simison: Council, any additional questions for staff? Okay. Then would the applicant like to come forward? Wardle: Good evening, Mayor and Council. For the record my name is Jon Wardle. My address is 2929 West Navigator, Meridian, Idaho. 83642. Happy to be here tonight in front of you, an opportunity to talk about the Rackham East and the Eagle View Apartments. Caleb did a great job. It's always hard stepping in when the project's not your project, but be able to give you an overview of it I would be happy to add some clarity on a few items at the end of my presentation on questions that have already been asked as well. So, with that the applications before you tonight are a request for annexation, zoning, and a preliminary plat and also conditional use permit for the apartments that we discussed. There are a couple discussion items that I just wanted to go over through my narrative tonight. One is site access, which is probably the biggest issue. The second one is the private open space, which Caleb discussed and also just a clarification on some parking questions. Previously Rackham, as it was called, was brought into the city, annex, zone, with a development agreement. There were a number of uses that were intended and planned with that project, including residential with -- the original Rackham project came through, if you went back and you read through the development agreement, that was part of that. The part that we are bringing in today from an annexation and zoning perspective is the part in blue, which is referenced as Rackham East. The -- the -- re -- the annexation request is for 25 acres -- nearly 26 acres and the preliminary plat part of this is nearly 30 acres. The project as mentioned was previously platted on -- and these were lots -- county lots and they are going to be re-subdivided, so there is a preliminary plat to modify those, as well as the -- and will bring through final plats in the future. All the properties to the south of the blue are zoned R-1 in the county. But in the city -- on the city's future land use map this is all shown as mixed use regional. What I have done here is I have just put the overall concept master plan beneath -- or underneath it so you can kind of see how these projects are working together. The original projects with the retail core, office buildings, office buildings here, the TopGolf and, then, we are proposing with this project the multi-family apartment project, as well as a couple of five-story office buildings. Just zooming in just a little bit, as you can see that our preliminary plat boundary here is outlined in red. We do overlap the previous Rackham Subdivision, which has been platted. There were two lots there and they will be coming in and -- with a new plat as demonstrated on the preliminary plat, but we are annexing the 25.76 acres and the preliminary plat, which provided is almost 30 acres. As we -- as Caleb had mentioned, we are -- have two different zones here. One is the commercial zone, which is adjacent to 1-84, and, then, the residential zone, which is shown here in blue, which is the R-40 piece. Caleb had mentioned briefly -- and I'm just going to kind of note it here with my hand up here, there is a 14 foot strip of land that was when 1-84 was planned back in the '60s there was a small parcel that belonged to the parcel to the north. The property to the south, which was one owner, they owned it at one point, but through a tax Page 30 Meridian City Council Item#1. February 8,2022 Page 28 of 61 sale they lost it and so it's owned by a different owner. Keep in mind it is 14 feet wide, but we do have a contract to purchase that. We provided the -- the sellers part of that to the city. We have a counter sign, but I don't have both documents together, but we will provide that documentation to staff, so we can clarify that issue once and for all. This is the overall Eagle View master plan. I just wanted to highlight the different elements here in this project as it's all come together. There is a mix of office, retail. There is a hotel. Entertainment. As well as the multi-family piece. As I mentioned, when the project came through originally Rackham -- all those uses were identified here and as additional property was acquired to the east the -- the multi-family component moved to the east, as well as the two office buildings. As a whole this is a planned -- an overall master planned community, which does touch on all the elements that the city wants in a regional mixed use designation, from the retail, all the way to the multi-family, to the entertainment, into the office piece here. This also shows the roads as they come into the property today. Starting on the west side Eagle Road, you have Rackham Way, which is a right-in, right- out. Silverstone, which is the signalized intersection and, then, we also have Rolling Hill. One of the items -- probably the item that we have spent the most time on and working with the agencies -- well, before I get there I just wanted to note that the -- the comp plan -- in terms of the comp plan designation, staff did have a very detailed list of how this does comply with the Comprehensive Plan, but, in summary, staff does believe that the proposed development is consistent with the vision of the comp plan for the area per their analysis which was in the staff report. One of the items that I do want to talk about is site access. We -- we have spent a lot of time on this issue to work through a way that is -- provides access to the new development, but also is respectful for the residents that are on Rolling Hill. I know that a number of those neighbors are online and I'm sure will be testifying, but one of the things that we have spent time on was limiting or eliminating access at all from the development to Rolling Hill. As you know if you have driven that road, they are -- they are residences, they are single family homes. The roadway is not improved. We -- we heard what the residents said and what they -- what they wanted. We went back immediately after the first Planning and Zoning meeting, which there was not an ACHD staff report at that time and started looking to see if -- what the ability to close off Rolling Hill completely for emergency access only, so that we would limit the development. The development couldn't access Rolling Hill Drive. We met with the fire department. We spent a lot of time with ACHD. There was a follow-up report. ACHD issued their staff report just before the January 6th Planning and Zoning Commission hearing and there were two -- there were two site-specific conditions that they gave kind of option one or option two. Option one was if-- if Rolling Hill Drive is emergency access only, then, all access -- all property or project traffic needs to go to Silverstone where there is a signal. But we still needed to provide the way for emergency vehicles to get in. ACHD requested, as you will note at the bottom of this one, that they requested an additional review of what all traffic would -- how that would impact Rolling -- or Silverstone and we were able to get that completed and provided to them. Option number two was, okay, if you are going to access Rolling Hill you need to make improvements on Rolling Hill Drive, street lights, curb, gutter, sidewalk, storm drainage and that meant that, you know, development traffic would use that road as well and that was not -- as you can appreciate, not a preferred solution. So, we have worked really hard to come up with option number one and we have we believe all the pieces to make that work. ACHD Page 31 Meridian City Council Item#1. February 8,2022 Page—ofuI issued their memo on the 4th of February that based on the updated analysis staff is supportive of the applicant restricting Rolling Hill Drive to emergency access only. We have worked with the fire department on how that would work. The one element that we are still trying to work through is the location of where that cul-de-sac will be. We have talked with the neighbor directly adjacent to our property on the east side of Rolling Hill trying to acquire that easement for that turnaround. We also own property 180 feet to the south where we can create part of that turnaround on that property as well. But the intent is--and let me be clear. The intent is to close Rolling Hill Drive. There will be a turnaround there for emergency access. If they need to get through there will be bollards or some other solution, but this maintains Rolling Hill Drive in its existing state today without impacting or putting that traffic on them. I do want to not sidestep the issue that there has been a lot of construction traffic on Rolling Hill already and that has been a source of great displeasure from the residents and I -- I want to acknowledge that. We have been working -- been working hard over, you know, the last few days with our partners BVA, they -- they have worked through ways to -- with the contractors to keep them off of that, to have all the traffic going to Rolling -- going to Silverstone. Will there be some cars and trucks that slide through? Yes. But our hope is that we can minimize that dramatically. We are also wanting to put three signs immediately on Rolling Hill Drive that would say all construction access needs to go to Silverstone. I can't close down Rolling Hill Drive quite yet, because we need to create that turnaround first, but our goal is to make that happen and make it happen quickly. So, it can't close immediately. We are talking hopefully within a few months we can get that closed immediately, but the -- the light is at the end of the tunnel and I hope that we can continue to be good neighbors and work through this with our--with the neighbors of the south. Just wanted to cover really quickly again -- there is one item that we need you to act on and that would be the waiver to not pipe the Ridenbaugh Canal. So, in a motion that's made tonight if that can be included we would appreciate that. Regarding the conditional use permit, as Caleb identified, we have 396 units here. A mix of studio, one bedroom and two bedroom units. The required parking based on the units alone is 648 units. Where we got caught -- and this hasn't come up with any of our other multi-family projects -- was the need to calculate parking for the amenity center, which in our view is ancillary. So, that came up at the prior hearing. We spent time with staff. We were looking for ways that we could provide more parking near or on site and you can see it right here, but we highlighted a little area here to the north where we can provide 20 additional parking stalls directly adjacent to the property. We did talk with the fire department. That's acceptable to them. There is no impact. The road is wide enough. But that's the big issue -- or I would just mention that we believe that the site plan as proposed does provide the required parking for the project. The -- the one issue I want to spend a little time on are the open space and amenities. We are requesting that the studio units not have balconies. The city has a requirement in their code that all units be -- provide a minimum of 80 square feet of outdoor private space and in the case here we have 48 studio units which do not have any private space or a balcony, whereas the other ones do. The overall project does have nearly 8,000 square feet of indoor space contained in a clubhouse, leasing center, gathering rooms, fitness and 3.5 acres of outdoor space. This is kind of highlighting where these different locations are. We have -- in the middle of each building we have dedicated outdoor space. So, it's not tucked away in a corner, it's central to those -- those two buildings on the east and the Page 32 Meridian City Council Item#1. February 8,2022 Page 30—6 I west and also central to the entire project we placed the amenities there in the middle. So, no one is moving -- having to move too far on the project to get to outdoor spaces or indoor spaces in the project. The overall amenities -- in the center amenities we have resident lounges, fitness facilities, conference rooms, which have become -- proven to be very popular. There is wi-fi throughout the project. Outdoor pools, patios, that type of thing. And on the two amenity areas we actually have -- they are very similar with a slight deviation between some of those uses. What we are asking for is consideration. As Caleb mentioned, we did request alternative compliance. We were granted alternative compliance, a reduction -- a 20 percent reduction, but that came with each unit needing to provide a minimum of 64 square feet of balcony space or patio space. Why are we asking for this? We actually have two other projects where this has already been approved. The two projects out at Ten Mile. At the -- at The Flats and also at the new project to the north, which is called Ten Mile Creek or TM Creek Apartments 3 or Altair, those units -- those buildings both have studios without private balconies. Don't get me wrong, the -- the spaces are important, but we have tried to design this in such a way -- if you look at these studios, they really are pretty similar to a hotel room where the desire is you are going to be there, you are going to live there, there is not a dedicated bedroom, but we have offset that with the amazing outdoor spaces that we have between all the buildings we see here, which are centrally located, as well as the community amenity center, which is not by any means -- we have not skimped on that. I want to just -- I know my time is about up here. I just wanted to highlight what the indoor spaces are going to look like. This is what we just built at the loft -- at The Flats. These are highly amenitized, both indoor and outdoor spaces. Get a lot of activity and a lot of use. And, then, this just -- one other thing I wanted to mention was with the project there is already 2,000 lineal feet of the regional pathway that's along the freeway. We are going to add another 3,000 feet. So, you have nearly a mile worth of outdoor walking spaces to -- in concert with the indoor spaces. The project's only required to have 2.27 acres of qualified open space. We actually have 3.549 acres. So, we didn't try to -- to reduce -- go to the minimum on all this. In fact, we have actually -- we believe we have raised the bar on both the amenities that are here, that are both physical in terms of buildings and outdoor spaces and do not believe that those studios should be required to have the balconies. I will note that the overall project average is 66 square feet on balconies, but that's the break--that's the ratio of those units. So, in summary, just to wrap up, we are asking the Council to approve our request to accept the private open space as proposed. We also believe -- and we have worked with staff on this. We also believe that the site plan as proposed we do meet the parking standards and request your approval for the CUP for Eagle View Landing. In your deliberations, again, just asking that we have a waiver to pipe the Ridenbaugh and, then, also your review and approval of the private open space and the parking requirements and I stand for any questions. I know I have a couple right off the bat, so we -- we can go for new questions or -- Mr. Mayor, I guess I'm stepping into your lane, so -- Simison: Council --well, let him address any questions that have already been answered, so we can just put a stop to the time. If there is any questions that were already asked that you can answer before we go to new Council questions. Page 33 Meridian City Council Item#1. February 8,2022 Page 31 of 61 Wardle: You bet. The first question that I wanted to address was the question on the plat and the buildings. I'm just zooming back here to that sheet. So, on our master plan we are showing two buildings. On our preliminary plat we are showing six commercial lots. When we plat projects we are only able to -- on a final plat up to, but no more than the number of lots that are proposed. Given that this is a preliminary plat and we are still working through details on the buildings, we wanted to have a little bit of flexibility that if we had, you know, let's say four buildings, instead of two buildings, that those could be on individual lots. So, we shot a little bit higher than what we needed, but ultimately we believe this is going to get reduced on a final plat to two lots, instead of six. Regarding the -- the future land use map on the Comprehensive Plan in the regional mixed use, there is actually a goal in that there would be a minimum of -- a minimum ten percent residential in the overall regional mixed use. Now, granted, there is a -- there is a wide variety of residential units right now, but this is in the county and when they come in and they develop those properties, if and when -- no crystal ball there -- but if and when they do, you know, they would also be having to comply with the goals of the regional mixed use. So, we feel like as an overall project with the mix of office, retail, entertainment, hotel and multi-family, we are not just meeting, but we -- we have come up with a lot of different opportunities and uses here that add to the regional mix use nature. Those were the two big questions that were -- that I noted just before I got up here, so thank you, Mr. Mayor. Simison: Thank you. Council, additional questions for the applicant? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A couple of short ones. Jon, that out parcel to the north that you are acquiring now is -- is there some provision in the -- in the DA for this that requires it also to be -- an annexation to be applied for at a date certain, zoned C-G, as opposed to -- Wardle: Yeah. Mr. Mayor, Councilman Borton, to answer your question, we have discussed that with staff. It would be best to have it in the city and have it annexed and zoned. So, at some point in the future we would do a cleanup and bring that in and have it be consistent with the other zoning that's right there. Borton: Would it be acceptable to have that commitment in the DA? Wardle: Mr. Mayor, Councilman Borton, as long as there was flexibility on the timing of such. So, as long as it wasn't, you know, required to come in prior to us providing a CZC for -- or building permits for the apartments, but if it was just a condition in there that as we move through the project, yes, we -- that would be fine to have that in the DA. Borton: Just to follow up on that. Simison: Councilman Borton. Page 34 Meridian City Council Item#1. February 8,2022 Page 32—6 I Borton: Do you have an idea of what you think a reasonable benchmark would be? Wardle: Mr. Mayor, Councilman Borton, if we had a year -- I'm not saying that we need a year, but there is that process. We -- we have to go out and we have to do neighborhood meetings again and we have got noticing and things like that. So, if you would give us the -- the latitude to make that happen without a -- you know, a hard hammer that's very short, we would appreciate that. Borton: Okay. Mr. Mayor, last question. Simison: Councilman Borton. Borton: It appears that the previous discussion of how it should be zoned is resolved with you acknowledging and agreeing to do R-40 on the multi-family? Wardle: Mr. Mayor, Councilman Borton, that's correct. It would be zoned R-40. Borton: Great. Thank you. Appreciate it. Wardle: Thank you. Simison: Council Woman Strader. Strader: Thank you, Mr. Mayor. I have a couple questions. I will just start with the first one and go from there. I guess my first question was just in terms of the connectivity and integration of uses. So, one thing the city has struggled with --we actually had a graduate student do a study on how we are doing a poor job on our mixed-use development of making sure that our uses are really integrated and especially that there is pedestrian connectivity -- you mentioned pathways, but can you kind of walk me through how there is connectivity? If I look at the site plan -- and I understand it's a very large area and the nature of the office building is going to need a lot of parking, but it does sort of look like there is a sort of a sea of parking in between uses, but just kind of walk me through the integration of these different types of uses and, then, the timing of the commercial and when that's coming in connection with the multi-family. Wardle: Mr. Mayor, Council Woman Strader, it's hard to see here and there was -- there was an exhibit in the application and I should have brought that into here, but we have made a very focused and concentrated effort to provide a lot of connectivity through the site. So, yes, there is a sea of parking. As you can see specifically on the multi-family, the number of pathways to move in and out of the site without, you know, minimizing the parking lot. When we talk about the rest of the property, it's -- again, it's impossible to see here, but there is the -- the regional pathway that goes all the way around and, then, all these parking lots have dedicated ways to get to that pathway, as well as protected ways to get back to the roadways, which also have sidewalks on both sides. So, I -- I do -- I do hear what you are saying. We -- but we have and we do continue to look at all these details. In fact, I know it's an item that's -- when we do the certificates of zoning Page 35 Meridian City Council Item#1. February 8,2022 Page 33 of 61 compliance your staff is looking at that specifically, making sure that there are logical ways to work through parking lots and getting the pathway systems where the -- the crossings are minimized. To the second question, there is a lot of activity that's happening currently on site in terms of, you know, these retail uses have -- have already been built. This office building's been built. This one is built and occupied. This one's under construction now. The TopGolf, they are starting their work as well. Our plan -- and I know talking with our partners at BVA is they -- they also are looking to do another office fairly quickly. So, I -- I can see that there would be a flurry of activity between the apartment projects that we will have and at least one of those office buildings in the next 12 months you would see that activity happening in earnest. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. That's I guess helpful. If you maybe could talk about the rationale of the placement of the office buildings. I'm assuming it's important that those be visible next to 1-84. Did you guys look at different configurations of maybe changing it so there isn't so much parking in between those two uses? Do you feel like it's more important to connect the multi-family use to the entertainment use and how does that connect? I guess if you could just kind of -- I know you brought up the pathways earlier for the whole site, but it's hard to see them. If you could just sort of walk us through the -- the connection, so someone didn't have to necessarily -- hopefully not -- get in their, you know, pickup to go from their multi-family apartment to play TopGolf; right? Wardle: Mr. Mayor, Council Woman Strader, the -- the office buildings really do orient to the freeway and the -- the only way on -- on a building, you know, when you are building buildings that are five story tall you do need to have that parking and we have -- we have found that having, you know, and it is -- there is a field of parking between the drive aisle that will provide access through there, but we do feel like this configuration does -- does work very well, so that those buildings are visible. I mean it is -- you will -- we have frequently individuals, tenants that are coming, who for them having that freeway visibility is -- is very important. So, that's the way that these other buildings have been designed where we have tried to put, you know, these buildings out on the freeway and put the parking back behind, but also put that part in between it and other uses. I don't know that I can do this very well, but when we look at this drive aisle that comes all the way through and there is another drive aisle that comes all the way through here, these actually are being built as if they were streets. They have sidewalks on both sides and so, you know, coming out of the multi-family community -- as you can see if you are coming out of here, you are going to be able to come across the street in a different -- few different locations and walk right over to TopGolf and, then, you will be able to continue through -- in a safe way through the entire project to get to other places as well. There will also be parallel sidewalks which are down here along this drive aisle, gets you over to the food opportunities or other uses and things like that. So, it's not -- it doesn't show well on this exhibit, my apologies, but the intent is there are -- pedestrian access has been designed with the project, not as an afterthought, but a primary thought. Page 36 Meridian City Council Item#1. February 8,2022 Page"—6I Strader: Mr. Mayor, one more. Simison: Council Woman Strader. Strader: Okay. Thank you. Understood on Rolling Hill, your approach, and I read ACHD's letter and I appreciate them thinking that through and certainly this is a real contrast in uses. What do we do in the future, you know, time frame wise, what if these county properties start to redevelop, how do we undo -- this is just a general question, but if it's emergency access now, to Caleb's point, I'm not sure this is the ideal order we would go in, but it's the project before us. How would we undo that? How would we later make it not emergency access if these county properties develop and it doesn't become appropriate anymore to have it this way? Wardle: Mr. Mayor, Council Woman Strader, it's a great question. The -- the fact that Rolling Hill is a public road -- so, it's -- that option is not foreclosed. All of these residents here have access there. The concern that they have, the residents, as well as ACHD, is they are still there and so the way that ACHD viewed it was in order for Rolling Hill to change or for -- you know, for that matter letting offices move forward and access Rolling Hill, all of these homes would need to be acquired and that residential use would go away. For us, you know, we were -- we were going to provide, you know, it's -- you see it over here, but when Silverstone comes in the property there is a -- an ACHD approved turnaround and we were going to do the same thing here and we still have that land available to do that. So, the point in time that this redevelops -- and there is no timeline for that and they would have to redevelop in altogether, then, that access could happen and access down to Overland Road. Ideally there would be an access that would occur over a little bit farther to the east and this is where my cursor is. This is where ACHD -- their signal would be and so there would need to be redevelopment, purchase of properties in order to get over that -- over to that location, because Rolling Hill, as it is currently, if it was improved at this point in time, it would be limited to right-in, right-out, but the long-term full access needs to happen over on this -- to the east. So, I don't view that it is foreclosed in terms of, you know, nothing has to be undone, but at the same time we can't force or push or, you know, change anybody's short-term or long-term plans for the property. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. I mean, obviously, we agree with that and just for people who are watching there is no intention for the city to force them to do anything. I just wanted to understand from a long-term planning perspective. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 37 Meridian City Council Item#1. February 8,2022 Page——6I Cavener: Thanks. Council Member Strader, I think you touched on -- and, Jon, just being frank, that -- that's my biggest concern about this -- this project and I want to appreciate -- I know you and your staff went through continuances with Planning and Zoning to try and work this out and I appreciate wanting to be sympathetic to the neighbors. I know Caleb and our Planning staff have tried to kind of engage with that -- those neighbors over the years to see if there was some motivation and clearly they want to stay as -- as county subs and I know there were some concerns at the Planning and Zoning Commission about forced annexation. I don't think that's something that we are considering and I want to give comfort to those residents. That said, I have got real concerns about the access. Four hundred units -- frankly, I'm much more comfortable with a multi-family housing if we are taking access further east. Having cars stack up right there on Silverstone -- I just think that we are going to have some real significant traffic challenges on an already congested road. I'm curious, you know, you -- your group is really really smart when it comes to this stuff and I don't know if there is a -- an Option B. The part that I guess where I -- cutting to the chase that I worry about is if I live in that multi-family and I drive past that emergency access every day with the bollards, it's only a matter of time I think until somebody tries to take, you know, matters into their own hands and we create a -- a much larger challenge and so I -- I don't know if there is a third option you guys have explored. I -- I don't know what it -- what it would be, but I'm just wanting to be real up front that while I appreciate the approach that you took to be sympathetic to those county residents, I don't know if this access plan is in the best interest of the city or your future tenants. Wardle: Mr. Mayor, if I -- Mr. Cavener, if I can maybe provide a little bit more color. The -- the one positive here on this is the -- the direction of these trips. So, office tenants are going to be coming in in the morning and apartment residences are going to be going out in the morning and that flow reverses and so I know what you are -- I know what you are saying about the number of trips that will be at Silverstone. Silverstone has been improved, so there are two dedicated left turn lanes, a through lane and a dedicated right turn lane. So, there is more capacity there. But it is positive in that the -- the residential uses and the office uses are kind of going different directions and so they are not all trying to get out at the same time and they are not all trying to come in at the same time. In fact, there is a gap between the two when they are coming and going. In particular in the evening. Yes, is -- is there a -- is there a long-term solution that we need to be looking at? Absolutely. I -- you know, I -- but it would require a big change today to our -- our neighbors to the south and so I think if we just all remember that over time it's important that we do provide for an access up here long term, but that timing needs to be tied with, you know, the purchase of those properties to the south. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: While I have got the mic. Jon, you guys have done a lot of different type of multi-family projects. You referenced a little bit when you were talking about amenities, Page 38 Meridian City Council Item#1. February 8,2022 Page——6I you made some comparisons I think to TM Crossing. Is it your vision that this is that same type of a family of facility that you guys plan to open and operate? Wardle: Mr. Mayor, Councilman Cavener, absolutely. One of the things that we have tried to -- to do is we have been pushing ourselves, as we have done more and more projects and we -- for us it is -- the living spaces are important, but the overall feel for the community in terms of overall amenities, the way -- when you come into the community what that feels like and the long-term maintenance is -- is important. We have -- we have noticed, you know, some changes in demographics and the way that -- configuration of the way people live, you know, singles, twos, you know, families, that type of thing, but given the location here with Eagle View Landing and the office uses, that's why we are really focused on the -- the studios, the one bedrooms and the two bedrooms. You know, the -- the majority of these -- these homes will be one bedroom units. One bedroom and studio. And -- and that -- that's specific to who will be working out at Eagle View Landing. We hope that, you know, they find a reason to -- to live nearby. I will tell you we have that very experience out at Ten Mile. I can't give you the specific numbers, but I know that there are a lot of people who live in the apartments that are at Ten Mile that are also working in the buildings that we have out there. So, it's good to have that element involved. Cavener: Great. Thank you. Simison: Council, any additional questions for the applicant? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have several. First of all, I want to ask -- that was the farmstead property and it's hard to see what was there turning into hot black concrete. Nevertheless, it was -- has there been any consideration made of putting a parking garage out here? I know it's very expensive. It just seems to me like this would be a more usable functional space, the entire development having less parking lot. So, I don't know if you want me to give you all of the questions and, then, you answer them or one -- one at a time. Simison: Let's take them one at a time -- Wardle: Yeah. Simison: -- and I'm not going to recognize you, just ask your questions. Perreault: Okay. Thank you. Wardle; Mr. Mayor, Council Woman Perreault, we haven't planned any parking garages at this time. There --there is an opportunity and we have seen this out at Ten Mile --while we are getting back to that question about having additional parcels and property -- that Page 39 Meridian City Council Item#1. February 8,2022 Page" —6 I could redevelop in the future, but as it stands right now it isn't feasible to do parking garages, unless you are in a location that is fairly dense in the core someplace or, you know, in the downtown core. Right now we aren't proposing any parking structures on the property. Perreault: Thank you. Then my question -- my next question is in regard to something Council Woman Strader brought up and I appreciate that is how -- how are you going to transition from the multi-family to the acreage lots to the south? What's the distance between the most southern units and the closest home on the south side and will you be putting any kind of walls in there, you know, noise mitigation, light mitigation? What is -- since Caleb had mentioned there isn't a code for what the setback would need to be, because, you know, that southern property is in the county, what will that look like? Wardle: Mr. Mayor, Council Woman Perreault, regarding the setback, as it sits right now from the nearest building to the property line we are 115 feet and, then, there is -- probably the home on the west side is the closest. They have a barn that's there, but, then, the home is a little farther south. So, you know, 150, 165 feet before we get to that barn structure. Regarding this, we have actually -- we do intend to landscape and fence with a solid fence along the entire border here. We do need to -- we are looking at -- in terms of if we can get any elevation on that fence higher, there is a -- an existing waterway that's not on our property just to the south, so we intend to have the fence on our side with landscaping as well. If we can add height to that we will, but the -- the idea is that we would be fencing this entire property line and so from the closest point on any of those buildings to the property line is 115 feet. Perreault: Thank you very much. Wardle: I will also just note here that we do have a -- there is a landscape buffer along the south of the drive aisle and we have a 34 foot landscape buffer between the back of curb and the parking lot as well. So, there will be a fair amount of landscaping that happens in there in that core. Perreault: Great. Thank you. Can you bring up the pedestrian circulation plan? Wardle: Do you have that one? Mr. Mayor, Council Woman Perreault, we did submit one in the application and Caleb can bring that up that relates to our site. I do -- looking back at the previous project as well, I know that they had provided an overall pathway plan. But let me just disconnect here for a second and, then, Caleb can -- Perreault: No. I meant the one within the multi-family. Wardle: Oh. Yeah. I'm sorry. Perreault: No. You're fine. I think there is one just a little bit bigger. Page 40 Meridian City Council Item#1. February 8,2022 Page——6I Perreault: Oh, there was one that had blue lines running all through it. Was that -- yes. Can you bring that up, please. Thank you. So, I see in the multi-family area that they are running mostly along the sidewalks. What about safety as folks are walking through the parking sections? So, obviously, a lot of parking -- these are pretty long rows. Are there going to be dedicated areas for people to walk through these parking areas without having to go all the way over in the middle and, then, come up to the buildings? Because they are going to have to go -- if it follows this -- this plan they are -- they are going to have to walk all the way around. So, are there going to be sections in between some of this parking where they are going to be able to walk safely? Wardle: Mr. Mayor, Council Woman Perreault, clearly there are -- there are crossings of the drive aisles and this doesn't necessarily show all of them, but it shows a few of them, kind of how we were connecting to the north. Those are, you know, per your -- the UDC we do have to delineate those as a different material. So, that -- it will be obvious in those parking lots. But it's not -- doesn't show here, but through the middle of this core, as well there is east-west pathways coming through here that will also bring you right into the community center in the middle and these places. It -- it would be great if we weren't cross parking at all, but, actually, the fact that people are able to cross coming out of their home -- out of their cars right into a unit with -- with minimal amount of crossing, we felt like this design, by centrally or bringing the units into the middle and putting the parking on the outside, instead of kind of co-mingling, which, then, you get into a curvilinear design, we felt like this was a good way to address the pedestrian safety, as well as the overall parking requirements for a project like this. Perreault: It seems as though folks will always take the path of least resistance, so I would hope there will be dedicated -- whether it's -- whether it's painted markings in the -- in the parking lot areas where, you know, folks can walk in between from the carports, you know, it's -- I just -- I just -- it seems like there is very very long rows of parking and not any breaks and maybe -- maybe that's what those little rectangular boxes are. Are those breaks or are those -- Wardle: Rectangular boxes end up being -- Perreault: Strips of parking? Wardle: Yeah. The trees, that type of thing. We -- we have tried -- and we do this quite frequently as you will see here coming up through here where you have a little wider planter strip, so you can have a pathway going through parking lots. I don't have the details here, but I -- I do know that we have -- we have tried to minimize the number of-- of crossings to those units. We have found that, you know, a lot of people like to park right at their front door as much as possible and all of these buildings are around -- are -- you know, have a lot of parking right up against the homes as well. So, will there be some? Yes. We have tried to put all the covered parking elements to the outside, but we find that people, you know, want to get to that surface parking into their unit as quickly as possible. They do take the path of lease resistance and, you know, wayfinding is Page 41 Meridian City Council Item#1. February 8,2022 Page 09 of 61 important and I know that's also something that the city -- the city does require and look at. So, we will make sure that we --we comply with the requirements and make it obvious. Perreault: Thank you very much. Just one more. The -- the patio or balcony spaces, can you help us understand more about is it -- is it a cost concern? Is it an architectural design concern? Is it -- what specifically is the -- I -- I -- I think the amenity package is fantastic. I just don't see the downside of -- of -- of having those private spaces. For -- for me personally those private -- that-- that private space is really special and important. But I'm not understanding the downside of having that. So, help -- help us -- you know, you, as a developer, you are -- in your business plan and in your design, what is -- what is the reason for the request to not include that on the studios? Is it -- sometimes these buildings are put together like little puzzles and so is it -- are you actually physically not able to fit and -- you know, a patio or balcony space onto those studios or is it how it looks from the outside? Help us understand that. Wardle: Mr. Mayor, Council Woman Perreault, great question on the studios. The studios are -- are unique in that there is not a separate bedroom and so by putting a balcony on those we are obviously -- we are moving into a space that's part of their living space. As we have built these communities here in Meridian, both the --The Flats and also our next phase out at Ten Mile and these units that are studios without balconies, they are popular. It's -- it's a lifestyle choice. Somebody is going to come in and they are going to look at that and it's like that works perfect for me. It may not be for everybody. Absolutely. I understand that. So, then, what's the trade-off for us? You know, we have tried to maximize the amount of living space for that individual who is living in a studio and the trade-off is we are also providing a lot of outdoor space and a lot of indoor space that they can use to -- to be social. These -- these are one tenant units. I will tell you that if -- if you have more than one in there it feels --well, you will know your neighbors there in your house. So, it's -- it's -- does it add cost? It does. But we have tried to maximize the amount of square footage in these studios, so that the living space that they have is top notch and high quality. Simison: Council, any additional questions? Strader: Yeah. Mr. Mayor, one more. Simison: Council Woman Strader. Strader: Sneak it in real quick. One of the only developments where I actually believe only 40 students would be generated based on the unit count. I was really curious about -- schools have been a big topic for us, though; right? And I'm sure that's not news to you. It looked like in West Ada's letter Centennial is listed as a possible school. Can you just walk us through where these kids are going to go to school and what conversations you have had with the district. Wardle: Sorry. My Pad shut there. Do you have that letter you can pull up from -- I can't get to it. When our -- our only conversation that we have had with the school district, Mr. Page 42 Meridian City Council Item#1. February 8,2022 Page 40 of 61 Mayor, Council Woman Strader, was on that question on Centennial, because it does seem like it's a long ways away. But it's based on where they have their boundaries. Does that mean that they -- you know, we -- we know that -- that boundary movements are -- are one of their tools that they could implement and, you know, that may change, but at this point in time my guess is when they drew the boundaries they were not viewing this area as generating a lot of high school students and Centennial had the capacity and so that's -- I don't know exactly. I don't know the history on it. But that was -- that was the only interaction we have had was when that -- we saw that as well. Strader: So -- so just to clarify. So, Centennial being designated as within an existing boundary is what you have heard, that -- it just really surprises me. It almost feels like a one-off, like they kind of just said, ooh, in the south we are over capacity, so these kids will go to Centennial. Which is fine. I just want to understand if other developments in this area would also go to Centennial. That just strikes me as a really bizarre approach. Simison: Jon, I can say I was on the boundary committee when this was discussed and -- and -- but it was with the Cloverdale overpass going in and the widening of Cloverdale and the Mountain View numbers and Centennial was under. So, it was a balancing for that purpose. So, the students in this area already go to Centennial, unless they get a waiver to go into Mountain View. Strader: Thank you. Wardle: If I'm not mistaken, I think Overland is the line. I was just looking for that map to see. But I think that's -- there is that little piece just south of the freeway that goes that way. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Jon, I want to go to the open space issue to kind of cover that. We know with your prior projects you -- you do very nice amenities and -- and it looks like this one is nice amenities. Where I -- I -- I'm just thinking through -- you are innovative, you -- you usually are the first ones out to try something new and so with the -- you know, no private space for the outside areas for these studios, is -- is not a bad thing, it's a good thing, but that means others will follow and it's going to happen elsewhere. So, I'm trying to -- in my mind thinking, okay, what happens when the next one comes. My question is would you classify this as extraordinary space for you, for your projects, or is it just your good -- your top-notch outdoor amenity space and, then, I could -- because, then, I have to contrast that with someone else who comes in and says, hey, we have open space, too, and it's just big open space with, you know, bocce ball and that's it. So, help me understand, you know, what comes next in terms of that evolution and -- and Caleb has, you know, talked about the UDC focus group that I think we need to do something, so I guess kind of help me explore this now, so we can kind of look down the road for how that works for others that follow. Page 43 Meridian City Council Item#1. February 8,2022 Page 41 of 61 Wardle: Mr. Mayor, Council President Hoaglun, that's a great question. We have been fortunate at Brighton to be able to have almost absolute control over the design of these apartment communities. To be clear, we need -- we need rentals. We need housing. But housing doesn't need to -- we don't need to hit the minimum bar. We -- we need to be looking at, you know, what -- you know, what is meeting the lifestyle needs as best we see fit today. With each one of our projects we have kind of been pushed to do more and that's an internal push. What does that mean externally? You know, the -- the -- the city does have a process and that process right now is the conditional use process. I think that that gives staff and the Planning and Zoning Commission an opportunity to look at these and look at it as an entire project. We can all point to multi-family projects here in the city, which have been done really well. We can also point to some where you look at it and say they did the minimum. I can assure you that we won't ever do the minimum and just hit the bar we did before. We have mixed things up. We have changed things as -- as -- as we have done our research and we have gone across the country and we get feedback from our residents. So, I would expect and I would hope that this City Council would look for us to continue to raise the bar in all our communities. Now, not every multi-family project is the same. We might find that there is locations where some of the amenities that are nearby are -- it's a good place for a multi-family project and maybe there is a trade-off; right? But I think we all need to do a better job in the development community of detailing for the city what our vision is for these projects and, then, the City Council or the Planning and Zoning Commission needs to look at them on a project by project basis. If we are not meeting the standard the city wants, then, let's -- you know, let's make sure these projects are doing that. We feel very strongly that we are way beyond the minimum. There was even a conversation that came up on the parking issue. You know, we tripped the parking threshold because of these community elements which we built and we have used ancillary. Well, what's the easy solution? Let's chop 3,000 square feet of a building off. We still met the standard. We met the parking requirements, but that didn't feel like that was the right solution either. So, Councilman -- Council President Hoaglun, it's a great -- it's a great question. I -- I believe that this project, not just stands on its own, but, you know, really exceeds what the minimums would be and we feel like we have balanced the -- perhaps the trade-off of some private open space for studios with a great amount of space -- open space for the entire community. In context, the 48 units here represent 12 percent of the entire project. So, most of the project, if you look at the average, we meet the overall standard or what we have been granted. But we are just asking that the project specific that we propose in front of you with those private open space be -- be approved given the amenity package with this project as a standalone. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, Mr. Mayor. So, you know, as a Council and as a city -- you know, every city has code and ordinance. We have rules and laws that we follow and it's for a reason, obviously, and you guys know the reason for that and when it comes to -- and was lucky enough to sit on the -- the Comprehensive Plan committee with you, Jon, and Page 44 Meridian City Council Item#1. February 8,2022 Page 42 of u I with many others and open space committees and what I'm a huge fan of is horse trading every once in a while. I don't think that there is anything wrong with a developer coming up with something that's outside the box, that is completely different than what maybe our code says and casts that vision. I think that, okay, you are not going to provide, you know, an eight by ten balcony for a studio apartment, but I'm very familiar with the type of amenities that you have at TM Crossing and also at The Flats and they are not your typical amenities and that's what I will -- I will leave it at that. They are -- they are -- they are different. They are much nicer, much better. And so I don't mind horse trading and appreciate you casting that vision. So, one question that I had -- and I have the same concerns as others, too, with regard to the -- the -- you know, the traffic flow and cutting off that one road. I forgot the name. Wardle: Rolling Hill? Bernt: Yeah. So, walk me through why you feel like -- because, Jon, as you know, I mean it's rare that you do hit a minimum of anything with, you know, projects that you do. So, knowing that your nine spaces short of, you know, like -- and you say that it's ancillary, walk me through why you feel like it's ancillary. Wardle: Mr. Mayor, Councilman Bernt, if this was -- let's just say they were live-work units, where that unit had the opportunity for somebody to come there to do business and, then, leave, then, I -- I think we would have a different conversation here. But the clubhouse element, which, again, I -- this gets back to Council President Hoaglun's like, you know, there is a precedent set. I'm going to raise my hand first and say, actually, yeah, there was a precedent set. We have not ever provided parking for our clubhouses. The parking count has always been based on the units and we have always met that. It came up this time and so, then, we went back to staff, like, okay, we didn't know that. It wasn't caught. Apparently it's been caught on other projects, but it hadn't ever been caught on our -- on our projects and so we were looking at ways that we could provide the additional parking stalls. Again, the -- if we weren't interested in the overall feel of the project it would be easy just to chop off 3,000 square feet of amenity space and still meet the standard, but that didn't feel right and so we looked for on-street parking opportunities. There is also the question about shared parking. Back to the previous point, we don't want to be required to lock into a shared parking if we are talking nine stalls, walking across the street, and that -- that would be acceptable. We actually could get that approved through alternative compliance if we had a shared parking agreement in the parking lot for nine stalls. But having 20 stalls right up against the site, it didn't quite meet the UDC requirement. So, there -- there is a lot of parking that we are providing here, but there is also -- there will be some overflow that happens as well. We don't believe that there will be a parking deficit on this property and the project. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 45 Meridian City Council Item#1. February 8,2022 Page 43 of 61 Bernt: So, if you feel -- Jon, if you feel like there is going to be an overflow of parking, how do you expect to fix that? I mean where do they -- where are they going to park if -- if there is no parking -- you know, if you haven't provided any extra parking for that club. Wardle: Mr. Mayor, Councilman Bernt, one of the issues that -- I -- I know you have come before you all the time is people are parking on the residential streets. Multi-family projects. If I just go back to the overall site plan here. When Rolling Hill is closed, if somebody comes in here and they park, they are likely parking in the office buildings to the north as an overflow. Given the -- the timing of that parking as well, while not ideal, there is going to be a large number of parking after hours on this property and adjacent buildings that would be available. We don't want to be required to enter into a shared parking agreement. We don't think it's going to be necessary or needed and that was one of the ways that we thought directly adjacent to, like I showed here -- and, in fact, we actually could do parking on this side as well. We can do parking on this side as well. All those roads are sized that they could accommodate -- they are -- they are residential sized streets. They are the same size as you would find in most residential neighborhoods where they allow parking. Bernt: Mr. Mayor. Jon, are you -- are you just -- I guess you are making a little -- just more space along that road for extra parking? Is that what you are doing? Wardle: We are -- you can't quite see it, but there is a -- there is a bulb out here on this end and there is a bulb out there and it provides that pocket where cars can park in parallel to the project. Bernt: Mr. Mayor? Jon or -- Simison: Councilman Bernt. Bernt: Mr. Bongiorno, are we good there? Simison: You got to say yes. Bongiorno: Sorry, Dean. Yes, Mayor and Councilman Bernt. Bernt: Okay. All right. Simison: Council, any additional questions for the applicant? Bernt: Mr. Mayor? Councilman Bernt, I think we will take a recess before we get to public testimony. So, it's 8:13. Let's go ahead and just make it easy for everybody, 8:30 we will reconvene. (Recess: 8:13 p.m. to 8:30 p.m.) Page 46 Meridian City Council Item#1. February 8,2022 Page 44 of u1 Simison: Okay. Council, we will go ahead and come back from recess. When we left we had finished up with our developer -- our applicant testimony presentation and questions. So, Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we had no one sign up in advance. Simison: Okay. This is a public hearing. If there is anybody either in the room or online that would like to provide testimony you may come forward at this time and be recognized for three minutes or if you are online use the raise your hand feature and we will bring you into the meeting for your three minutes. We do have someone on online. If you can state your name and address for the record. And that's for Amy. Johnson: I hit the wrong button. She's coming in as a panelist, so -- Simison: Amy, you can unmute yourself and state your name and address for record. Wattles: Hi. My name is Amy Wattles. I'm a resident at 1360 Rolling Hill Drive. Are you guys able to hear me okay? Simison: Yep. Wattles: Okay. I did want to state Mr. Wardle has done a really nice job with the development this weekend. I had an opportunity to go out and walk it and it's beautiful and, you know, as much as we have a love-hate relationship with that development going in, it's -- it's lovely. The one ongoing issue that we have had and we have talked extensively with Mr. Wardle and Planning and Zoning is concerning the construction traffic up and down Rolling Hill. My understanding at the last Planning and Zoning meeting the recommendation was made to -- part of the agreement would be no construction access on Rolling Hill Drive. So, as you guys -- if this project moves forward I'm asking that that contingency be part of any approval. My understanding talking with ACHD and talking with Sonya and Planning and Zoning, without that agreement in there that doesn't give residents any -- well, residents -- it doesn't give anybody any power or authority, I guess is a better word, to intervene and provide some support. Just to give you some context, if you all haven't read prior meeting notes or any of the communications, when we are talking about construction traffic on any given day, we are talking about over a hundred -- one day a resident counted 130 semis up and down a narrow rural road. One day I was turning in from Overland Road and almost -- there was a semi there taking up two- thirds of the road. As I turned in from Overland there was a parked car on the road and had to slam on my brakes to avoid a collision. We have had an elderly resident have to pull off the road as the semi came barreling down the road. Rolling Hill is a very straight -- straight road and the tendency is to want to speed and go as fast as you can and it's presenting some safety issues. We are reaching a place where I'm genuinely concerned. It's a nuisance. Absolutely. The dirt, the noise, our house is shaking as semis go barreling down the road are all cons issues, but I can't stress enough we have reached a point where safety is a genuine concern based on some things that have happened in the last couple weeks. So, I just ask that you include that provision that Rolling Hill not be used Page 47 Meridian City Council Item#1. February 8,2022 Page—of 61 as construction access. My understanding from ACHD is on that turnaround that will be marked with no parking signs to prevent the residents from parking there and just walking over there or construction workers to continue to access the road. I believe that's it. Simison: Okay. Thank you. Council, any questions? Okay. Thank you,Amy. Appreciate your-- your comments. Is there anybody else that would like to provide testimony on this application at this time? It looks like we have another person online. A couple people online. Johnson: Mr. Mayor, Pam Haynes. You are able to unmute. Haynes: Hi. Can you hear me? This is Pam Haynes. Simison: Yes, we can. Haynes: My name is Pam Haynes. I live at 1235 Rolling Hill Drive. I have the property to the -- on the northern most point of the existing subdivision. I agree with Amy's comments on the construction traffic and I do believe that you take heed to that. Her figures are accurate and her statements are accurate. My comment is that we still don't have any real feel for how the cul-de-sac or turnaround will be placed and I have a very real concern, because I worry about people wanting to turn around in my driveway. So, I would really like to have some insurances from the developer that those -- that will be mitigated, that people won't be turning around in my driveway and I don't understand how having a turnaround south of my property is going to be a viable option. Thank you. Simison: Thank you. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Pam, this is Councilman Hoaglun. I wanted to make sure I understood your comment. You were on the northern end of that -- of Rolling Hill and -- but you are talking about people turning around south of you? I -- I kind of assumed that the turnaround was going to be up there against the boundary of -- of that and maybe Mr. Wardle can address that in his closing remarks. But if you could clarify and help -- help give me better insight on that, please. Haynes: Yes, sir. My -- their -- my property is on the northernmost part of the remaining homes. The property line runs directly north of my property. The developer owns the house directly to the south on the west side of Rolling Hill. In his comments earlier he mentioned one of two options for the turnaround. One is to put it on that property just to the south of me. The other is to put it on -- apparently he has entered into some kind of negotiation, I have no idea what, with the neighbor to the east of me, Cedergren -- Christopher Cedergren. In my mind I don't understand how either one of these turnarounds would be optimal. To my mind it would be more optimal to have a turnaround Page 48 Meridian City Council Item#1. February 8,2022 Page—of u1 to the north of my property, but that would, obviously, displace his plans for the -- the high- density housing. So, basically, that leaves my driveway to the -- which is right adjacent to the northern edge of my property and directly to the south of the Rackham development, that's where people will just make it as an obvious place to just turn in and back out and turn around. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Hi, Pam. This is Council Member Cavener. Can you just clarify for me -- is your home west -- on the west side of Rolling Hill or the east side of Rolling Hill? Haynes: Thank you. My home is to the west -- on the west side of Rolling Hill. Cavener: Okay. Thank you. Simison: Council, any additional questions for -- Strider: Mr. Mayor, just one quick one. Simison: Council Woman Strader. Strader: Thank you. Just to clarify and make sure, but you overall, just stepping back, are in favor of closing Rolling Hill to emergency access only to this development; right? Like you wouldn't prefer for there to be full access and have people able to turn around north of your property? Haynes: That is correct. I am in one hundred percent favor of blocking off Rolling Hill, except for emergency access. Strader: Thank you. Simison: Thank you, Pam. Haynes: Thank you. Simison: Mr. Clerk, do we have one other person that raised their hand? Johnson: Mr. Mayor, Mr. Blowers had his hand up, but now it's down and I guess if he wants to testify if he can raise -- he did. There we go. Mr. Blowers, you can unmute. Simison: State your name and address for the record, please. Blowers: Thank you. My name is Michael Blowers. I live at 1325 Rolling Hill. Just a quick clarification to provide more context and I -- someone can correct me if I'm wrong, Page 49 Meridian City Council Item#1. February 8,2022 Page" —6 I but part of the reason why this -- actually, probably the majority of the reason why this road is being closed is because ACHD provided verbiage stating that there is a 2,000 vehicle limit per day and this project would exceed that limitation. So, that's -- that was something that was provided after the continuance of the first Planning and Zoning meeting, came back and since that point plans have changed and -- and I think it's important to clarify that, because there -- there could be this idea that there is an alternative option with the current plans that maybe Rolling Hill could be used and -- and my understanding that isn't the case. So, I -- I hadn't heard that number thrown out. wanted to provide that clarity. The second thing I just wanted to talk about -- I have been involved in these communications -- I have lived here ten years. It's been going on I think over five years. I'm -- I think we have seen this process moved this entire time -- and, yes, we expressed, you know, obviously, we want to stay in our homes, we like -- you know, like these properties. That, obviously, hasn't occurred since half the -- or almost half the neighborhood has now been demolished and, you know, we keep hearing that we are part of this future land use -- obviously, the city wants to do something with these properties someday. My question is -- is I don't really see the current residents -- and I know we all have different opinions, so I'm not going to speak for anyone else. I don't really see that, you know, developers coming and knocking on our doors. So, I don't -- don't see that we have actually fought anything to this point. We haven't prevented or -- or fought, you know, any development. So, in the interim, you know, we would like to be able to live in our homes and, you know, at least have some semblance of what we originally bought into, which was a developed, dead-ended road, with no reasonable expectation that a horseshoe would be built around our neighborhood and so, you know, if the time comes that a developer does want to knock on the door, I'm -- I'm just here telling you all I'm not fighting it and a reasonable expectation, you know, I believe I'm a reasonable person and we would be willing to talk with people, but in -- in the meantime we want to be able to live in the safety of our own homes, be able to ride a bike on a street, not worry about getting smashed by a -- you know, a semi and we hope that at the very least City Council can see that while we -- yes, I -- I know that there is this element that we are in county and we are not Meridian, but that -- I do think it's important that there should be some level of humanity factored in on this decision. Thank you. Simison: Thank you, Mr. Blowers. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to comment, Mr. Blowers. You know, I think that's a very valid comment and I -- and we are trying very hard as the city develops to take into account the importance of having good neighbors and transition and so, you know, I think we take that comment to heart. I don't think anyone sees you as being totally opposed to development or anything like that, I think it's just, you know, we are -- clearly there is a consideration of closing Rolling Hill for emergency access only in the hopes of protecting your part of the neighborhood from all that traffic and some of the poor effects of having that next to you. It's a little tricky, because you are located right next to 1-84, but we are definitely going to Page 50 Meridian City Council Item#1. February 8,2022 Page—of 61 do the best that we can and I just wanted to say that I think we empathize with your comments. Blowers: Thank you. Simison: Thank you very much. Is there anybody else that would like to provide testimony on this application at this time, either in the room or online? Seeing no one, would the applicant like to come forward for final comments. Wardle: Mr. Mayor, Council, again, for the record Jon Wardle, 2929 West Navigator, Meridian, Idaho. 83642. 1 appreciate the opportunity to -- to stand back up and talk through and just clarify and just address a couple of things that were brought up by -- by those three neighbors who I have -- have met with each of them or spoken with them or e-mailed with them a bit over the last 60 days or so. So, I definitely want to be respectful of their -- of them and their property. That is the reason we -- after the first Planning and Zoning Commission meeting and the question came up was like do you need it and so we went back and we --we analyzed it and ACHD --we worked with them as well to make sure that we were coming up with a solution that would be better than the alternative, which was using Rolling Hill. I do want to restate our position that we do intend to close Rolling Hill Drive. The location of the -- the roundabout -- or not the roundabout, but the cul-de-sac, it is to be -- still to be determined. We -- our preference is to keep it south of the property line. You can imagine if it is coming up onto our property and there is not access to and through, people will be coming up there and circling back around and so if we can keep it south of the line and put up an appropriate barrier and barricade there -- ideally we will be able to work out something with the property owner to the east and if we can't we are aware that Pam is concerned about people turning around in her-- in her driveway and that way we would put it to the south, no parking signs and do our -- you know, everything we can and we will work with her as well to come up with a design that -- that shortens an already dead end road. Rolling Hill stops at the freeway. It doesn't -- there is no connections anyway. It doesn't go anywhere and so we are just trying to pull that back and -- and address the other issue, which is traffic construction and make that work. We do feel that the -- the request for annexation, the rezone, the preliminary plat, these do fall within the vision of the city. I -- I understand what staff is saying. You know, ideally we would be starting from Overland Road and working our way north and, unfortunately, we are -- we are not doing that. We don't have ownership of those properties, but we feel like we do have a very good solution long term for transportation and we can do that by closing Rolling Hill at this point. At some point in time there will be another discussion that occurs on how Rolling Hill does connect. We are -- even though we are going to create a cul-de-sac at the end of it, south of our property, there will be a point in time where we need to have that conversation as that area redevelops and we -- we would like to see that that connection be made. But the timing has to be right for that. As for the -- the project as a whole, we are aware of the things that -- that this Council hears from time to time and, you know, the -- and as it relates to multi-family, parking and -- and amenities and things like that. I -- I will, again, restate our -- our desire to create a premier project here that's not just get in and get out. The amenity package is thoughtful. The mix of units is thoughtful. The overall circulation for pedestrians -- we have looked Page 51 Meridian City Council Item#1. February 8,2022 Page 49 of 61 at the whole thing. We -- we do have projects that do have studios without balconies. You know, your staff is opening up that door for the UDC to -- to review that. I think there is an opportunity to look at that. I don't know that there is a reason that there is, in the UDC, a requirement that every unit, regardless of the size, have 80 square feet. That's what the code says and that's why we have been asking for alternative compliance. There -- there is another jurisdiction just to the east of you who -- who have used the combined community outdoor space and community facilities, much more important than perhaps that private space from the social connection and when we do the UDC meetings we are going to bring and talk about that. But as for this project we want you to review it on the merits of the project. We ultimately have -- have made the --the decision and we feel like the quality of life actually will be enhanced as an overall project as a whole. Again, we -- we are looking forward to, again, bringing more residential to locations where we have a concentration of business and I think this is -- it's the right location and it's -- we have worked on this design several times, you know, and looking at all the unit mix and feel like this is -- this is appropriate for this location. In conclusion, I -- we just would ask that the -- the Planning and Zoning -- or the City Council take the recommendation from the Planning and Zoning Commission and approve it, with the exception or the note of waiver of that Ridenbaugh Canal piping and we also ask that you approve the project with the -- the site plan and the information we provided without modification to the private open space and to the parking. And just to note, we -- we aren't asking for a reduction of parking for the units. We -- we have actually met that parking standard. We are just -- you know, we are tweaking a little bit the -- the parking requirements for an ancillary use, which is for the use of the residents. Again, we -- we asked for your approval for these projects and I stand for any questions you might have. Simison: Thank you. Council, any additional questions for the applicant? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just one more. So, with Rolling Hill closed you are putting so much emphasis on Silverstone -- if-- and let's hope, right, that your project is wildly successful, there are a lot of tenants. If you get to a point that you do notice that you have an intractable traffic problem, do you have any ideas about future alternatives that don't involve Rolling Hill? Is there any-- you know, maybe something that -- I'm not really clear on exactly what that L-shaped building is that's sort of to the east of you. I mean is there any other way for you to get an outlet for traffic down the road if you find that this is really successful and you do have a huge problem on your hands that's not easily fixed? Wardle: Mr. Mayor, Council Woman Strader, in terms of access, there aren't any roadways to the east. We have the Ridenbaugh Canal and the way that those homes were designed I mean it's a long road, but there were no roadway connections intended to come across the Ridenbaugh Canal. Not looking at Rolling Hill as an option, then, the next best alternative is to look to see if there is a way to -- to move to the east parallel to the Ridenbaugh and on our side and get down to where that future signal would be across Page 52 Meridian City Council Item#1. February 8,2022 Page 50 of 61 from --from the Movado Subdivision community there where that --where ACHD intends to be a signal. So, that's -- that's the next best alternative, which would not put any transportation or trips onto Rolling Hill Drive. It would basically be a stand-alone collector- type road. So, that's something that we will evaluate and look at and that would -- we would have to look at some point in the future to see if we need to do that. But that, again, would require us to -- to work with residents there and -- and make that happen. Strader: Thank you. Simison: Seeing no more questions at this time, you are welcome to sit down, but keep your legs rested for getting back up. Wardle: Thank you. Hood: Mr. Mayor? Simison: Yes, Mr. Hood. Hood: You probably all are aware of this, but I do want to reinforce it or -- or disclose it and not just to you, but maybe those that are still online or in the audience. So, really, two issues, right, with Rolling Hill. The construction traffic and, then, short-term closure emergency access and, then, the long-term vision for circulation in this area. I really just want to address first DA provision 1-H does prohibit construction traffic. So, that is in there, just to kind of address that. The thing I really want to disclose, though, is enforcement is going to be tough and that's part of the development agreement. So, we can't even enforce it until or if the development agreement's signed and it's annexed in the city. This isn't in the city right now. There is nothing for us to enforce. So, you know, Mr. Wardle I think did a fine job and was honest about it's going to take some time. So, it's not like tomorrow construction traffic is going to stop. So, I just want everybody that may be listening to understand that -- that short of us putting a police officer out there and signs -- I don't know what signs are going up, but enforcement is going to be tough and I trust that the developer will do the best they can to educate all their contractors, don't use it, don't use it, don't use it. It's going to happen and I don't know if we are going to be able to write any tickets, just to be honest. So, we have had these things before and it's -- so, again, just being frank, that you can call and complain, there is just not a lot we have in our toolbox to do what then? If someone uses it for construction purposes we are going to de-annex the property? I mean we -- we don't have anything in our toolbox. I just wanted to be frank and open and honest that sounds good, looks good, we can point to it and say please -- and, again, I trust the developer will do the best they can, but they aren't driving the truck and it happens and so I just want to be, again, real with that and we will hope for the best, but there is probably going to be some construction traffic and if it's happening now, it's -- it -- we don't have a provision that says TopGolf can't use that for construction. Again, they control some of that and can ask. We don't have an enforcement arm. So, just -- just -- I won't belabor that anymore, but it's -- it's a little frustrating. It's a great solution, but there is going to be a little bit of a lag time in there and -- and it could be a long-term problem. Page 53 Meridian City Council Item#1. February 8,2022 Page 51 of 61 Simison: About the timing of those bollards. Wardle: Mr. Mayor, to I guess provide a little bit more color to what our intent is, our intent is to get that road closed as quickly as possible. That would happen prior to us commencing any construction on our site. Related to the other contractors that have been using the site, we have -- we have had conversations -- recent conversations over the last few days with the contractors that have been servicing TopGolf and the other office building out there and they know that Rolling Hill is not an option anymore. Mr. Hood is correct that sometimes that information doesn't get all the way to the end of the row. We -- this is a theme that pops up from time to time when new phases happen in development and we will do everything we possibly can, but the key for us is get it closed, get it bollarded, get it signed and fenced off, so that it -- it doesn't become an access. It only takes, you know, one or two people to go down there and realize they have nowhere to go and -- to not have that happen again. But we will -- I had sent an e-mail over to one of the residents today on kind of our thoughts on signage that would be very prominent, but also in the -- within the right-of-way, but in a way that it could be seen in multiple locations, so that we are -- we are trying to nip this as quickly as possible. So, again, we are talking probably a couple of months to come up with a final solution, but I hope and I'm sure I will hear if it's not the case, but I hope that we have been able to stymie or stop the majority of the construction traffic that has been, candidly, a nuisance for the neighbors over the last 45 days or so. Simison: Question for the deputy chief. Where is the current fire department turnaround on this road? Bongiorno: Currently there isn't one. Simison: I -- I assumed that was the case. So, if the bollards -- the road was closed day after tomorrow before even a turnaround could be designed, it really has no different impact on your current ability to service on that road. Bongiorno: That's correct. So, if -- if that matters to Council, before they can get the issue resolved at least it would prevent that sooner rather than later. I mean, quite frankly, put a semi-trailer across the road so you can't drive by it and have the same effect, but -- anyways, just wanted to clarify that there is not a current fire department turnaround access on that road that would be approved. Bongiorno: No. Mr. Mayor and Council, it got wiped out when the whole -- it was down at the end. There was a turnaround there and it's now disappeared, so -- and also since I have your attention, Jon and Mike both have been in contact with me showing their -- their thoughts on the turnarounds and I have seen what they are proposing and I think, you know, kind of like with what Caleb's been saying, we can come to something that will work for the turnaround to make it happen, either if it's at the very end or if it's at that 183 foot point closer to Overland we can make it work to where it -- it will work for the -- the fire department and the property owners that will be past that point. So, we will still have Page 54 Meridian City Council Item#1. February 8,2022 Page 52—6 I access to their property and they will still have access to their property and yet it will be closed off to where you won't get the -- the through traffic going through. Simison: Thank you. Caleb, did you have another point that you would also -- Hood: Not necessarily a point, Mayor. I appreciate it. Just that the right-of-way is still there, so there should be a cul-de-sac at the end of Rolling -- and I haven't been out there and you guys have, so maybe it's got dirt all over it or whatever. But there used to be pavement and a cul-de-sac at the end of Rolling Hill Drive. Maybe that's been demoed with the rest of the homes. But, you know, it's still public right-of-way. If I want to drive out there right now I should be able to go down there and turnaround. Simison: Duly noted. Wardle: Mr. Mayor, if-- if we can get the support of the city and for that also working with ACHD as we work through the ultimate vacation of the right-of-way to the north to get that closed sooner than later without perhaps putting in a turnaround at this point in time, I mean we are -- we are willing to step up and do that. We -- we are trying to balance the -- you know, the -- minimize the construction traffic, but also ensure that there is not a life safety issue and that's why, you know, that turnaround is --we have noted that, but if there is an interim solution that we could all agree on that could allow that to happen sooner than later, that would be a much quicker solution. Simison: Just information for Council and the practical realities of the current situation versus lower base width, so -- Strader: Mr. Mayor? Simison: Councilman Borton. Borton: Kick off some thoughts after hearing the presentation and some of the comment from the public. I think the project's really well designed from the mixed use regional and the comp plan, zoning this R-40 and C-G as presented I thought -- and I appreciate the applicant switching to R-40. It did seem to fit more in reading what got us to today. So, think that fits really well as well. The -- those outstanding issues for me aren't a concern. I think the -- keeping the Ridenbaugh open -- we have done that in a variety of places for the same reason. So, that seems to be appropriate to me as well. The parking solution -- I think the nine spots up on the north -- I understand that. Quite frankly, I don't think they will get used. I think the parking that's adjacent to the pool will garner all of the overflow, I guess, or the additional visitor traffic perhaps. I don't see the way this is designed -- realistically folks aren't driving to the pool. They will walk to it. It's designed very well to try and encourage everyone to do so through the interior, so that wasn't a concern to me and nothing in the presentation changed my mind on that. I appreciate the applicant's remark with regards to annexing the out-parcel to the north by a date certain. Take a one year time frame if that works for the applicant, just so long as there is a trigger to make sure that gets cleaned up and doesn't get left aside and I think the -- Page 55 Meridian City Council Item#1. February 8,2022 Page"—6I the request for a waiver of the private open space here made sense. The finding in the staff report that talks about alternative compliance provides an equal or superior means for meeting the requirements and -- and I think that's been met with the amenities that are provided, the manner in which they are designed and located the superior quality of them to me outweighs the loss of that limited private open space in the studio, so I thought the applicant's request for alternate compliance is appropriate as well. So I would be supportive of that. Those were the outstanding issues that I catalogued from the discussion. So, that being said I'm supportive of the requested zone, the CUP and the alternate compliance as requested, as well as the other conditions I have stated. So, I appreciate the applicant's work on it. I just think it's a well-designed addition to the city. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just a few thoughts. You know, it's interesting when we talk about parking, sometimes we throw out examples what happens on Thanksgiving, what happens on Super Bowl Sunday, those times you are going to have people over and, you know, all these extra folks -- actually, there is a lot of parking there to the north. I mean it's one of those places where there actually is overflow parking available, because there is no one working there on weekends or Super Bowl Sunday that sort of thing. So, it's one of those nice times where that kind of -- kind of fits for -- for that sort of thing. Mr. Wardle referenced this. I think the future will include the property going to the south. I -- I don't know when that's going to happen. It's just a matter of the timing and as development moves this is a regional area that -- which we have planned for. We want it to be a regional area. Mixed use. And it's -- it's coming to fruition and -- and we have seen it elsewhere where, you know, one acre residential properties or acreages that were out in the country at one time are no longer in the country and now they are surrounded and -- and it's just a matter of property owners deciding when that -- when they want that to happen and, then, the negotiations begin. As to the open space, I also agree we were talking about 48 units, which I think I saw was 12 percent of the development. If you are not a very social person that's not something you will want to rent. If you are a social person this is going to be a great place. There is -- there is -- there is lots of things and as I weighed the comments from Mr. Wardle on my mind about, you know, is this setting precedent, different things. It really is going to be a case-by-case basis. I don't know if we can go hard and fast on -- on everything. This is exactly what happens if you have a studio apartment and you don't have private space, then, you have got to provide these amenities. I think it's one of those things that we will let the developer make their case and they have to convince us if we think, hey, that is really nice, we can see that working there. We know a lot of urban areas that they don't have those outside balconies or patios. That's just the nature of downtown and it is hard to adjust that thinking for Meridian, because we have this picture of Meridian still being small town and -- and we are changing. But even though -- I must say as we are changing we want it to change for the better. So, things like these types of amenities are -- are very very important. I think the Mayor hit upon a very good solution for closing that street sooner. I -- I -- listening to the residents out there. I feel for them. That's a lot of truck traffic and if there is a way Page 56 Meridian City Council Item#1. February 8,2022 Page 54 of 61 we could make that happen without any liability to the -- to the city, Mr. Nary, I -- I would like to see us pursue that if -- if -- if possible. There is no turnaround now. What's the harm, but that's for -- for those risk -- risk people to -- to discuss. So, yes, Ridenbaugh Canal, keep it open. That 14 foot strip having a time frame of say a year to -- to get that under contract, so it's annexed, it's part of C-G and that -- that fits. I think we can -- we can see that. It wasn't going to be of any use anyway. I think it was going to be in the freeway right-of-way and it can't be developed, so we don't need to see any -- any easement or access to -- to that point. So, I think those are kind of my main thoughts on that that go with both these and -- and, Mr. Nary, question. I -- I assume we are going to have to act on each one individually; is that correct? Nary: Yes, sir. Hoaglun: Okay. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Mr. Mayor, thank you. And this is -- I have really enjoyed the dialogue this evening and I have really enjoyed the presentation. Well done. Thank you, Jon. I -- I don't think that -- I never want to speak for everyone, but I -- I would venture to say that as a Council we always try to listen to the neighbors. You know, the neighbors and -- of these developments -- any development I guess for that matter. Their opinions matter and I -- I think that they have been -- I think it's -- I think is crystal clear what their main concern is and that's the construction traffic. I didn't hear anything about the development itself. I didn't hear anything about the big buildings. I didn't hear anything about, you know, the height and people looking into backyards. I think everyone knows what's going to happen to this area in the future and so I really appreciated the neighbor's comments. I wanted to thank the -- the three people that testified this evening. I do believe -- and I mentioned earlier in my comments, I do believe in -- you know, I guess you can call it horse trading when it comes to, you know, hey, we are not going to do this, but we are going to provide this and I think that, you know, looking at that as a case-by-case basis is really important. I don't believe that we are setting a precedent of anything. I just think that, you know, having a developer think outside the box and do something that's a little bit different than code, but coming up with a solution to why -- and a vision of why, you know, what -- whatever they ask is and so I appreciate the applicant explaining that. Other than that, I -- there is -- my fellow Council Members have spoke this evening about the other talking points that have been discussed and I'm not in disagreement with them. So, I will just cut it there. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Page 57 Meridian City Council Item#1. February 8,2022 Page 55 of 61 Strader: Thank you. Well, I appreciate -- I just wanted to thank the city planning staff for providing a lot of information directly about the West Ada School District data and that's been an ongoing issue that I have continued to grapple with. I think this development locates apartments in a place that makes sense in a transportation corridor. I feel like the unit mix is geared toward urban professionals and folks that are going to live and work in this area. I think that makes sense. I don't think it will contribute dramatically to the overcrowding in the school system. I have done some work on that and I look forward to continuing those conversations on kind of a higher level and I definitely think in five years we may have a more acute situation districtwide, but I will save that conversation for another day. I don't--from the data that I have received in the last two weeks I don't think that it is a currently dire situation. I think that it's something that's going to take place in the next four to five years. So, I don't have that hurdle so much on this particular development. I am concerned about the over reliance on Silverstone Way. However, I do believe that it could be mitigated by the applicant in the future if their development is successful through acquiring additional right-of-way. I do think holistically that closing Rolling Hill Drive is the right thing to do. I do want to make sure that it can be opened up again maybe in 30 years or whatever time frame that it makes sense. It sounds like it can be. I think it's well designed and I agree with the rest of Council's comments. I think overall I'm not so hung up about the open space attributed to each unit. To me this makes sense for a more urban style apartment building. Given its location and the amenity package I wasn't hung up about that. Overall I'm supportive. I think it makes sense. I do want to just state, as the applicant has said, that they will really work on the pedestrian connections and making sure that that's safe and that it's in a thought out way. I think a lot of Council had that same comment, so, hopefully, you will take that to heart and really make sure that those connections and integration make a lot of sense. I guess those are my final thoughts. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will be fairly brief. I agree a lot with what my colleagues have said and, frankly, this is going to be a great development. This is a place if I was in workforce housing or wanting to live and work in the same location, I think this is going to be great. You guys aren't going to have any issues with meeting the demand. I think people that are going to want to live here. For me the issue is the over reliance of Silverstone and, Jon, in your presentation you talked about timing and I think one of the things that your organization does almost as good, if not better than anybody is, you address the concerns early on. We heard that with the neighbors here tonight. When I look at this development there is -- out of a hundred things you got 99 knocked out of the park. Without a path forward to how to address the traffic that's going to be your future tenants, it's just not a project that I can get around. It's not that I don't support it, I just don't think that I can support it tonight. So, I will be voting in opposition. That said, I appreciate the work that you did engage with the neighbors, true to brand, and I think this will be a great project reading the tea leaves kind of where Council is tonight, I look forward to attending the grand opening and Page 58 Meridian City Council Item#1. February 8,2022 Page——6I wishing you well on your success. I just don't think that now is the right time for this particular project. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I also agree with a majority of what my fellow Council has stated in support of the project. I have less of a concern about Silverstone. The Silverstone Road itself as a -- as much as I do Overland and -- and already seeing where Overland backs up from the Eagle Road intersection way past Silverstone in those westward -- you know, westward moving lanes there, it's regularly back--so, I don't even know how people are going to turn right out of Silverstone heading west on Overland, because that already backs up so far. So, that's -- that's my concern as far as -- as the flow of traffic goes. Less -- less so on Silverstone Way itself. However, if ACHD believes that it can be accommodated then -- then we have to trust their analysis on that, so -- one thing I would say that-- is that-- as we discussed --we, as Council, you will hear from a lot of neighbors and in a project this size in this location oftentimes we will have a lot of public testimony and a lot of neighbors coming to these hearings and I think it is -- it is a -- it does say a lot about how the applicant has handled the concerns of the neighbors that we don't have a large group here that we didn't have a lot of public testimony. That indicates to me that the applicant has done quite a bit of outreach and I'm just really thankful for that, because we do want the neighbors to be taking care from a safety standpoint for sure and so thank you for -- Jon and Mike, thank you for working well with the neighbors in that area and that's just really appreciated, because we have had a lot of -- a lot of challenging applications where we haven't been able to resolve these concerns as well as you all have -- have attempted to do that. So, I just wanted to say that. Much appreciated. As far as the specifics, I -- I think my Council members have -- have stated it well. I'm in agreement with waving the Ridenbaugh Canal. In agreement with --with the -- you know, the timing of the north boundary. The parcel to the north. So, all of those issues I feel like have been resolved well. Simison: Thank you. Caleb, just one quick question. What year is the Eagle-Overland intersection, in theory, to be improved, just out of curiosity? Is it -- I know it was delayed recently. Hood: Mayor, if you will give me 60 seconds I will look it up. Simison: It's just -- just so the community is aware, because that will alter what we currently see, but also will -- TopGolf will alter what we currently see and the other two buildings going in Silverstone and El Dorado. I just couldn't remember -- I couldn't remember if it was delayed by multiple years or just one year. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 59 Meridian City Council Item#1. February 8,2022 Page" —6 I Hoaglun: I think I have found that, Caleb. The intersection of Overland Road and Eagle Road is scheduled in the CIP to be widened to seven lanes on the north and south legs and eight lanes on --on the east and west legs and reconstructed, signalized in the future, design year is listed as 2025 in the five-year work plan and is listed to be improved between 2031 and 2035. And let's see. Overland is also listed in the CIP to be widen to seven lanes from Eagle Road to Cloverdale Road starting 2036. And intersection of Cloverdale and Overland, which is towards the east side, it's widened to seven lanes and that is 2020 -- Simison: Okay. Thank you, Mr. Hoaglun. Appreciate that. So, in a couple years I'm going to be able to say I remember when Overland Road was a one lane road going in each direction, because I do. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If there is no additional discussion I move we close the public hearing on H-2021- 0075 and CR-2022-0001. Cavener: Second. Simison: I have a motion and a second to close the public hearing on H-2021-0075 and CR-2022-0001 . Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearings are closed. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: A Couple of thoughts to share. I have a suspicion -- sneaking suspicion that the -- that urban apartment complexes don't have as many patios because they don't want to smell the exhaust. So, maybe this is a health benefit to everybody that will be living next to the interstate. As for the redevelopment of that county property to the south, you know, until we -- until all of our empty spaces are built out I don't -- I don't anticipate those kinds of developments being purchased and torn down and rebuilt and that's just so many years out. We still have so much ground that's empty still to fill up. So, my anticipation is that it's going to be a really long time before any of that were to be developed. Borton: Mr. Mayor? Simison: Councilman Borton. Page 60 Meridian City Council Item#1. February 8,2022 Page——6I Borton: I heard what Legal had suggested that we break these up. Is it the annexation and plat as one or can I lump the CUP with that or do the CUP and the -- and the alternate compliance. Nary: So, Mr. Mayor, Members of the Council, Council Member Borton, I would do 15 and, then, 16. Borton: Okay. Mr. Mayor? Simison: Councilman Borton. Borton: As to CR-2022-0001, I move that we grant the request for alternate compliance as proposed and presented by the applicant as of today's hearing date with regards to private usable open space for each unit. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALLAYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: And with regards to H-2021-0075, move that we approve that application as presented in the -- by the applicant and consistent with the staff report of today's date and that approval would include additional conditions, noting that the waiver requesting the Ridenbaugh Canal to remain open as presented would be granted. That the applicant from perhaps one year from signing the DA and I look at Legal to nod. One year from signing the DAto submit a complete application for the annexation of that out-parcel sliver to the north to be annexed and zoned C-G within one year from that DA being signed and that -- is that -- I think this application also had -- perhaps with the CUP -- the alternate compliance for the open space and the -- and the parking as well that was presented by the applicant is also approved as part of this application. I think that covers it. Nary: Rolling Hill. Hoaglun: Second the motion. Page 61 Meridian City Council Item#1. February 8,2022 Page——6I Nary: Mr. Mayor? Simison: I have a motion and a second. Is there discussion or comments from Legal? Nary: Mr. Mayor, Members of the Council, I didn't hear Rolling Hill about closing that. Borton: What's that? Nary: Closing Rolling Hill. Borton: Oh. Yes. Including the discussion and commitment to close Rolling Hill as presented. Hoaglun: Second agrees. Simison: Thank you. I have a motion and a second with an addition and an agreement. Is there further discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, nay; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Five ayes, one no, and the items are agreed to. MOTION CARRIED: FIVE AYES. ONE NAY. ORDINANCES [Action Item] 17. Ordinance No.: 22-1967: An Ordinance (H-2021-0026 — Hatch Industrial) for Annexation of a Parcel of Land Being All of Lots 8 and 9 of Heppers Acre Subdivision as Recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, Said Parcel is Located in the Southwest Quarter of the Southwest Quarter of Section 12, 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 1.593 Acres of Land from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Thank you very much. Have a good night. Or for those who would like to stick around for the ordinances you are welcome to stay. There we go. Love it. With that we Page 62 Meridian City Council Item#1. February 8,2022 Page 00 of u I will move on to Item 17, Ordinance No. 22-1967. 1 will ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2021-0026, Hatch Industrial, for annexation of a parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada county, said parcel is located in the southwest quarter of the southwest quarter of Section 12, 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 1.593 acres of land from RUT to I-L (Light Industrial) 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. Hoaglun: Mr. Mayor? Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Hoaglun: Mr. Mayor, I move approval of Ordinance No. 22-1967 with suspension of rules. Perreault: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1967 under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed. MOTION CARRIED: ALLAYES. 18. Ordinance No. 22-1968: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to the Dimensional Standards for the Residential Districts in Chapter 2 and Landscape Buffers Along Streets Standards in Chapter 3; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: To next item up is Ordinance No. 22-1968. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance amending Meridian City Code as codified at Title 11, pertaining to the dimensional standards for the residential districts in Chapter 2 and landscape buffers along streets standards in Chapter 3; providing for a waiver of the reading rules; and providing an effective date. Page 63 Meridian City Council Item#1. February 8,2022 Page 61 of 61 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in his entirety? Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 22-1968 with the suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 22-1968 under suspension of the rule. Is there any discussion? If not, all those in favor signify by saying aye. Opposed nay? The ayes have it and the ordinance is agreed to. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? You ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 22 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 64 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 25, 2022 City Council Work Session Page 5 Meridian City Council Work Session January 25,2022 Page 26 of 26 Simison: Thank you. Then, with that, Council, do I have a motion to adjourn? Hoaglun: Mr. Mayor, move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2-8-2022 ATTEST: DATE APPROVED CHRIS JOHNSON - CITY CLERK Page 31 Item#2. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 25, 2022 City Council Regular Meeting Page 32 Meridian City Council Item#2. January 25,2022 Page——— Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: At the Mayor and President -- Council President's pleasure, I would like to have a conversation at some point about whether we still believe our priority growth areas to be what we would like them to be in relationship to all the concerns that we have been discussing in the last few applications. I'm not necessarily suggesting a proposal that we change them, just --just as I'm -- I'm hearing, you know, we -- we have stated that there are areas that we would like to grow and yet we continue to run into challenges that cause us to -- to question whether we are going to annex and I think that I feel a personal desire to have that conversation, so the public can understand where we are coming from, because there is confusion being had and -- and I would just like to see what we can do about that. See how we can clear that up I suppose. Simison: Duly noted. Anything else? Okay. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: 2-8-2022 DATE APPROVED CHRIS JOHNSON - CITY CLERK Page 66 Item#3. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. Page 67 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC f1E PI N,, AND DECISION& ORDER In the Matter of the Request for Annexation of 40-Acres of Land with R-8(27.63 acres),L-O (1.64 acres) and M-E(10.72 acres)Zoning Districts; and Preliminary Plat Containing a Total of 112 Lots Consisting of(93)Buildable Lots and(13)Common Open Space Lots on 27.63-Acres of Land in the R-8 Zoning District; (2)Buildable Lots on 1.64-Acres of Land in the L-O Zoning District; (1) Buildable Lot on 10.72-Acres of Land in the M-E Zoning District; and(3)Future Right-of-Way lots on 40-Acres of Land for Aviator Springs Subdivision,by The Land Group. Case No(s). H-2021-0065 For the City Council Hearing Dates of. December 14,2021 and January 25,2022 (Findings on February 8,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 25, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 25, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 - 1 - 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 January 25,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 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&Zoning is hereby approved with the requirement of a Development Agreement; and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 25,2022,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 I I-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 1I- 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 67-651 IA. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -2- property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of January 25,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -3- By action of the City Council at its regular meeting held on the 8th day of February 2022. 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 2-8-2022 Attest: Chris Johnson 2-8-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-8-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -4- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING January 25,2022 Legend DATE: Continued from:December 14, 2021 Prn�eot Lacaiiar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0065 Aviator Springs—AZ,PP LOCATION: 3235 N. McDermott Rd., in the SE '/4 of 00 Section 32,TAN.,R.1 W. (Parcels r #R7824220044&#R7824220042) ---- ,-- h5 r I. PROJECT DESCRIPTION Annexation of 40 acres of land with R-8 (3449 27.63 acres),L-O(1.64 acres) and M-E(H-7-7 10.72 acres)zoning districts; and Preliminary plat containing a total of 112 lots consisting of(93)buildable lots and(13)common open space lots on 31.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6-.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40 acres Existing/Proposed Zoning RUT in Ada County Future Land Use Designation Mixed Use—Neighborhood(MU-N) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)&a church(seminary) Lots(#and type;bldg./common) 112 lots(96 buildable/13 common/3 future ROW) Phasing Plan(#of phases) 2 phases Number of Residential Units(type 93 SFR detached dwellings of units) Density(gross&net) 3.0 units/acre(gross);3.92 units/acre(net) Open Space(acres,total 7.64 acres(or 23.8%)common open space [%]/buffer/qualified) Amenities Community swimming pool&changing rooms,multi-use pathway,qualified open space in excess of 20,000 square feet. Page 1 Description Details Page Physical Features(waterways, The Eight Mile Lateral crosses the southwest corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 7/7/21; 3 attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via the extension of two local streets(N. (Arterial/Collectors/State Keklik Ave.and N.Alameda Creek Ave.)at the north boundary Hwy/Local)(Existing and of the site. Proposed) Traffic Level of Service Ustick Rd.—Better than"E" Stub A stub street is proposed to the property to the south for future Street/Interconnectivity/Cros extension. s Access Existing Road Network A north/south collector street(Owyhee Storm Ave.)exists 1/4 mile to the west of this site,which provides access via a local street to this site through Chukar Ridge Subdivision to the north. Existing Arterial Sidewalks/ NA Buffers Proposed Road Ustick Rd. is listed in the CIP to be widened to 5-lanes from Star Improvements Rd.to McDermott Rd.between 2026 and 2030. Fire Service • Distance to Fire Station 4.5 miles • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#2—cannot meet response time goals. When Fire Station#8 is constructed in late summer of 2023, it will be within the S:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. Project will require a secondary emergency access in order to exceed 30 lots or buildings will need to be sprinklered. • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance from 4.2 miles police station Page 2 • Police Response Priority 3 (goal is within 3 to 5 minutes): 3:47 Time Priority 2(goal is within 8 to 10 minutes): 7:06 Priori 1 (goal is within 15 to 20 minutes): 10:43 West Ada School Approved prelim Approved MF prat parcels per units per Miles District Enrollment Capacity attendance area at, area '.xhoou • Distance(elem, Pleasant View Elementary S46 650 3089 21 2.9 ms,hs) Star Middle School 823 1000 7967 278 7.1 • Capacity of Owyhee High School 1477 1800 5782 58 0.0 Schools School of Choice Options • #of Students Chief Joseph School-Arts 507 700 N/A N/A 6.8 Enrolled Barbara Morgan-STEM 659 750 N/A N/A 4.5 • #of Students Predicted from 93 school aged children predicted from this development by WASD. this development School Impact Table Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North McDermott Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.21 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works site specific conditions Page 3 C. Project Area Maps Future Land Use Map Aerial Map i Legend Legend dPrflject Lacaiiar � Prnject Lao❑{or ; IY1b 'IUr � If►�/� - aensh i �e I4ellil� Residential IY r - Inte Zoning Map Planned Development Map Legend - Legend 0 raP-i— Loc a=or Project Lava or am UI City Limit - R- — Planned Pa►cels w w 117 �- r r Wr A. Applicant: Matt Adams, The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle,ID 83616 B. Owner: Acclima, Inc.— 1763 W. Marcon Ln., Ste. 175,Meridian,ID 83642 C. Representative: Same as Applicant Page 4 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/5/2021 11/28/2021 newspaper Notification mailed to property owners within 300 feet 10/5/2021 12/2/2021 Applicant posted public hearing notice on site 10/11/2021 12/2/2021 Nextdoor posting 10/5/2021 12/6/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use -Neighborhood(MU-N). The purpose of the Mixed-Use designation is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers. The intent is to promote developments that offer functional and physical integration of land uses,to create and enhance neighborhood sense of place, and to allow developers a greater degree of design and use flexibility. NOTE: Given the limitations with surrounding land uses,existing development pattern,poor access and bifurcation of the property with the extension of SH 16,it is not feasible to achieve full integration of uses as desired in MU-N areas.However,the applicant's narrative does discuss how they believe the proposed development is consistent with the MU-N designation. The purpose of the MU-N 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. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined,narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3B of the Comprehensive Plan. The proposed development consists of a total of 93 single-family detached dwellings, an LDS seminary, a lot to be donated to the Boys and Girls Club for a future facility and commercial(research &development)uses consisting of one(1 20) 000 square foot(s.f.)research and development facility and one(1) 12,000 s.£ research and development greenhouse with 8,000 s.f. tenant offices. The gross density of the residential area is 3.00 units per acre,which is significantly less than the desired range of 6 to 12 units per acre in MU-N designated areas. The primary use proposed is residential as desired; however,no supporting non-residential services are proposed. Although commercial uses (i.e. employment opportunities)are proposed on the east side of the development,they are not directly accessible from the proposed neighborhood due to the future extension of SH-16 through the site which will separate the residential from the commercial uses. In reviewing development applications,the following items will be considered in MU-N areas: (Staffs analysis is in italics) Page 5 • Development should comply with the items listed for development in all Mixed-Use areas as follows: o A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. The proposed development includes three 0 four k&different land use types (i.e. residential, commercial o ace and civic). o Where appropriate,higher density and/or multifamily residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.Due to limited access for the western portion of this site and constraints due to the future extension of SH-16 through this site with no access allowed via the highway, Staff is of the opinion a higher density development is not appropriate for this site. Additionally,for the same access constraints, the western portion of this site is not viable as an employment center. o Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation.SMffr-eeemmend-s a " +vlar, ,,nf guidelines are met in the absenee of a eoHeeptual development plan. A conceptual development plan was submitted after the Commission hearing for the non-residential portion of the development as shown in Section VIT H.A development agreement is required as a provision of annexation with the provisions listed in Section VIII.A.1. o 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.If multiple buildings oreproposed in the eonintereial developmen area ati the east side ejq�itu,-e SH 16, the site sheuk4 be designed aiid bHildings arqwnged iti eard with this gHide hie. The conceptual development plan shown in Section VILH depicts a plaza area between the two commercial buildings. o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. Commercial uses consisting of research &development facilities and tenant offices are proposed on the east side of future SH-16. The future highway will provide a separation between the commercial and residential uses. o Community-serving facilities such as hospitals, clinics, churches, schools,parks, daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments.An LDS seminary and a lot for a future Boys& Girls Club is proposed on the L-O zoned lots which will provide community-serving uses within the development. o 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 are expected; outdoor seating areas at restaurants do not count.A high school(Owyhee) abuts this site on the west.A plaza is proposed on the conceptual development plan between the two commercial structures. o Mixed-use areas should be 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.Although a mix of residential, civic and commercial uses are proposed, this isn't a typical mixed-use development due to the Page 6 Item#3. limited access&connectivity available to the site and the future extension of SH-16 through this site. o All mixed-use projects should be 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. Two vehicular accesses (local streets)with pedestrian sidewalks alongside and a pathway through a connected common area (i.e. Lot 9, Block 2) are proposed between the development to the north (Chukar Ridge) and the subject development. Pedestrian connections are also proposed for interconnectivity between the high school campus to the west and the proposed seminary and lot where a Boys & Girls Club is anticipated to develop along the west boundary of the site. A multi-use pathway is proposed through the common area along the east boundary of the site, which will provide a connection between adjacent developments to the north &south. Because SH-16 will bisect this site, it's not feasible for the commercial portion of the site to be connected to the residential/civic portion of the site. o A mixed-use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternative modes of transportation. Because this site doesn't have direct access via a collector or arterial street, a public transit facility is not feasible on this site. o Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types.Roadways are proposed as a transition between residential and civic uses. Only one housing type (i.e. single-family detached) is proposed. o Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein. This guideline is not applicable. In reviewingdevelopment evelopment applications,the following items will be considered in MU-N areas: (Staf's anal vsis in italics) • Development should comply with the items listed for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre.Residential uses comprise 76%of the developable area including open space;however, the gross density proposed of 3.0 units per acre is significantly below the target density noted in the guidelines for development in MU-N designated areas. Because this site does abut a future highway, staff has also calculated what the residential acreage would be if the buffer along the state highway was removed. With the buffer removed, the developable acreage would total approximately 21.22 acres; increasing the density for 3 units to the acre to 4.38. Staff is of the opinion that additional density can be accommodated within the proposed development. The applicant could provide a more diverse mix of dwelling units in the form of alley-load, townhomes, or secondary dwelling units, as submitted one type of dwelling is proposed. The feasibility of multi family in the area is desirable as there is no employment proposed for the portion of the property that is mostly residential. Staff anticipates higher densities to development on the property directly south of this one based on its designation of Mixed-use Regional. In making the finding for consistency with the plan the Commission and Council should determine if the proposed density is appropriate for this project due to the limiting factors noted in this section of the report. Page 7 Page 78 Item#3. • Non-residential buildings should be proportional to and blend in with residential buildings. Future civic buildings should comply with this guideline. • Three specific design elements should be incorporated into a mixed-use development: a) street connectivity,b)open space, and c)pathways. Street connectivity, open space and pedestrian pathways are proposed in this development and connect to the abutting residential development to the north and the future development to the south. • 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 20,000 square-foot building footprint. For the development of public school sites,the maximum building size does not apply.None of the proposed structures exceed a 20,000 square foot building footprint. • Supportive and proportional public and/or quasi-public spaces and places such as parks, plazas, outdoor gathering areas, open space,libraries,and schools should comprise a minimum of 10%of the development area. Outdoor seating areas at restaurants do not count towards this requirement.Although not on this site, a high school exists on the adjacent property to the west; a large amount of open space (5+/-acres) is proposed along the east boundary of the residential development abutting the SH-16 corridor.A total of 19.1% qualified open space is proposed overall. • Where the development proposes public and quasi-public uses to support the development above the minimum 10%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.None are requested. • A straight or curvilinear grid or radiating street pattern is encouraged for residential areas, and most blocks should be no more than 500' to 600' long, similar to Old Town or Heritage Commons; larger blocks are allowed along arterial streets. The proposed development generally meets this guideline. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type,single-family detached, is proposed in this development. Other housing types(i.e. single-family attached units, townhomes,secondary dwellings or multi family)could be added to this development for variety, which would increase the density of the development more in line with the guidelines for mixed use designated areas. However, because of the limited access to this site, Staff is hesitant to recommend more units be provided in this development. If Commission feels a variety of housing types at a higher density should be provided more in line with the MU-N designation, Commission should require revisions to the plat accordingly. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available in Chukar Ridge Subdivision to the north and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response time for the Police Dept.falls within the established goals. At this time, the emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 8 is constructed in the summer of 2023, it will meet the response time goal. Page 8 Page 79 Item#3. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed uses and site design are compatible with each other and with the existing high school to the west. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) A 10 foot wide multi-use pathway is proposed within the common open space area adjacent to future SH-16, which stubs to the north and south for interconnectivity with adjacent development; other pathway connections are proposed to this pathway throughout the development. A pedestrian pathway is also proposed to the high school campus to the west.A substantial amount of usable open space&quality amenities is proposed in this development. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS) was required by ACHD for this development and was taken into consideration in ACHD's report. WASD submitted comments stating that approximately 93 school aged children are estimated to be generated by this development; enrollment at the affected schools is currently under capacity. The closest City Park to this site is Seasons Park, a neighborhood park consisting of 7.13 acres, to the southeast of W. Ustick Rd. and N.McDermott Rd.A future City Park is designated on the FL UM within a half mile of this site to the northwest. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design features a large linear common open space area as a transition and buffer between the proposed residential area and future SH-16. Lots proposed along the northern boundary are compatible in size and area with those in Chuker Ridge. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above.Although the proposed density is below that desired in MU-N designated areas and there are no supporting services for the residential development, Staff believes the proposed development is appropriate for this area based on the lack of access available to the site from collector or arterial roadways. The LDS seminary and land proposed to be donated for a Boys & Girls Club will provide religious and childcare Page 9 Page 80 Item#3. facilities within close proximity to the high school on the abutting property to the west which will be a benefit for area residents and the community. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UD0 A. Annexation: The proposed annexation area consists of 40 acres of land with R-8 (31..59 27.63 acres),L-O (1.64 acres)and M-E(6777 10.72 acres)zoning districts. As discussed above in Section IV.,the uses proposed in this development are consistent with the MU-N FLUM designation. The proposed residential use(i.e. single-family detached homes) is principally permitted in the R- 8 district; future development should comply with the dimensional standards listed in UDC Table 11-2A-8. The LDS seminary(i.e. church or place of religious worship)is principally permitted in the L-O district, subject to the specific use standards listed in UDC 11-4-3-6;the Boys&Girls Club(i.e. civic, social or fraternal organization)is a conditional use in the L-O district, subject to the specific use standards listed in UDC 11-4-3-7; and research and development is a principal permitted use in the M-E district—future development should comply with the dimensional standards for the applicable district in UDC Table I1-2B-3. The property is contiguous to City annexed land to the north and west and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit maps for the R-2 and R-4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the development plan proposed with this application and with the Comprehensive Plan, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. Beeause a eeneepttial developmeRt plan wasn't ineltided in this appheation for-the eemmer-eial develepmen4 plan for-that;ea Ohat is e-A-asistent with the development guidelines in the Comprehensive Plan for-the MU N designation. After the Commission hearing, a conceptual development plan was submitted for the commercial M-E zoned portion of the site that is consistent with the development guidelines in the Comprehensive Plan for the MU-N designation. B. Preliminary Plat: The proposed preliminary plat consists of a total of 112 lots consisting of(93)buildable lots and (13)common open space lots on 3 1.5927.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6—.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land for Aviator Springs Subdivision. The future ROW for SH-16 totals 7.9 acres and the McDermott ROW is 0.8 of an acre. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. The first phase will contain the land on the west side of future SH-16 and the second phase will contain the land on the east side. The Applicant requests approval for one building permit for the LDS seminary building to be issued prior to subdivision of the property. Because there are no structures on this property, Staff is amenable to the request. Page 10 Page 81 Item#3. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed to the western portion of the development via the extension of two(2)local streets from the north from Chukar Ridge Subdivision.A temporary emergency access easement has been granted to the subject property by WASD through the school property until such time as another acceptable secondary access is provided to the site that meets Fire Dept. requirements. Future SH-16 is planned to bisect this site on Lot 1,Block 5. Access is proposed to the eastern portion of the site via N. McDermott Rd. Direct access via future SH-16 is prohibited. One(1) stub street is proposed to the south for future extension and interconnectivity. Typically, a street generally paralleling the state highway is required with development to provide connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road. Because the developments to the north(i.e. Chukar Ridge&Gander Creek) did not provide such a road, Staff is not requiring one with this development. The stub street to the south is located at the back edge of the street buffer along future SH-16,which can be extended to the south to Ustick Rd. in accord with UDC 11-3H-4B.3. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed for guests in the residential area along with another 28 spaces as depicted on the parking plan in Section VII.E. Staff is of the opinion sufficient parking can be provided for this development. Off-street parking is also required for the 600 square foot building/changing rooms at the community swimming pool. A minimum of(1) space is required; a total of 11 spaces are proposed, including(1)ADA space,in excess of UDC standards. Pathways(UDC 11-3A-8): The Pathways Master Plan does not depict any required multi-use pathways on this property. A 10' wide multi-use pathway is proposed within the common open space area adjacent to future SH-16. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for Phase 1. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC I I- 3A-17E.Because tree-lined streets are desired in MU-N designated areas, Staff recommends Page 11 Page 82 Item#3. trees and landscaping are added within all parkways per the standards in UDC 11-3A-17E and 11-313-7C. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required on both sides of future SH-16, a state highway and entryway corridor. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require a mix of trees and shrubs, lawn, or other vegetative groundcover—shrub should be included in the buffer in accord with this standard.A dense buffer is proposed on the west side of future SH-16 consisting of a mix of deciduous&coniferous trees; shrubs should be added as required by UDC 11-313-7C. No buffer is depicted on the east side of future SH-16; a minimum 35-foot wide street buffer is required in a common lot or a permanent dedicated buffer with landscaping included on the landscape plan in accord with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of pathways planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. The Landscape Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Qualified Open Space(UDC 11-3G�: A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,40 acres, a minimum of 4 acres of qualified open space is required. The open space exhibit in Section VII.D depicts 7.64 acres(or approximately 23.8%) of common open space for the development in excess of the minimum standards. The exhibit includes all of the street buffer along future SH-16,whereas only 50%of the buffer qualifies per UDC 11-3G-3B.4; however,the amount of open space still exceeds the minimum standards. Qualified Site Amenities (UDC 11-3G� A minimum of one(1) qualified site amenity is required for developments over 5 acres in size and up to 20 acres,with one(1)additional amenity required for each additional 20 acres of development area. Based on a total of 40 acres of the residential development area, a minimum of two (2) qualified site amenities are required.A swimming pool with changing rooms,pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children's natural play structures are proposed as amenities in excess of the minimum UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical EngineeringReport for the subdivision. Page 12 Page 83 Item#3. Pressure Irrigation(UDC 11-3A-151: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): The Eight Mile Lateral is a large open waterway that crosses the southwest corner of the site lies within a 50-foot wide irrigation easement that is proposed to be piped. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1A-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-613. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall open vision metal fence is proposed adjacent to internal common open space areas to distinguish common from private areas. A 6-foot tall solid vinyl fence is proposed at the back edge of landscape buffers along local streets and at the rear of building lots facing future SH-16. A 6 Noise Attenuation Wall(11-3H-4D : Noise abatement is required for residential uses adjoining a state highway. A berm or berm and wall combination is required to be constructed parallel to the state highway that meets the standards listed in UDC 11-3H-41). A 6-foot tall fence/wall is proposed on the landscape plan that does not meet the required standards as there is no berm proposed. In accord with City Council's direction on previous developments to the north(i.e. Chukar Ridge& Gander Creek subdivisions), Staff recommends a 6-foot tall berm with a 6-foot tall wall on top of the berm is constructed within the buffer along future SH-16.The berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the state highway; the wall must meet the standards in UDC 11-311-41).3.A detail of the proposed berm/wall combination that demonstrates compliance with the standards listed in UDC 11-311-41) and as recommended by Staff should be was submitted with the fina for-the first phase of developm after the Commission hearing.Alternative compliance may be approved by the Director as set forth in UDC 11-5B-5 where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Two(2)conceptual building elevations were submitted for future homes in this development as shown in Section VII.G. Single-family detached dwellings are exemptfrom the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut future SH-16 will be highly visible,the rear and/or side of structures on lots that face the highway should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs), bays,banding,porches,balconies,material types,or other integrated architectural elements Page 13 Page 84 Item#3. to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the requirement of a DA with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Matt Adams, The Land Group b. In opposition:None C. Commenting: Todd Tucker,Boise Hunter Homes (BHH) d. Written testimony: None e. Staff presenting gpplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. BHH requested the stub street to the south be shifted further to the east to align with the planned location of the street in their future development; b. The Applicant stated they'd like to pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys& Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. 3. Key issue(s)of discussion by Commission: a. The single public street access to this development; b. Secondary emergency access and parameters of the M-E zone. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on December 14,2021 and January 25.2022. At the public hearing on January 25 ,the Council moved to approve the subject AZ and PP requests to January 25,2022. 1. Summary of the City Council public hearing: a. In favor: Matt Adams, The Land Group; Ron Hopper;Hethe Clark, Clark Wardle b. In opposition:None c. Commenting: Todd Tucker,Boise Hunter Homes; Travis Hunter,Boise Hunter Homes, Sue Waggoner;Mark Waggoner. d. Written testimony: Bart Hamilton,David Austin,Holly Miller,Jen Johnson,Jennifer Reese,Lance&Camie Olsen,Maile Thomas,Mathew&Nicole Gamette,Megan Roos. Trish Dildine, Troy Ball, Greg Bo=,Paula Horsager,Melanie Evans;Matt Adams The Land Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Many letters in support of the LDS seminary were submitted; b. The Applicant submitted a response to the Commission recommendation(in agreement): Page 14 Page 85 Item#3. C. Todd Tucker,Boise Hunter Homes,requested the stub street to the south be shifted further to the east closer to future SH-16 to align with the planned location of the street in their future development: d. Concern pertaining to impacts on water usage and from traffic generated from this development and public safety: e. Updated school enrollment calculations resulting in 53 fewer students generated from this development than originally anticipated. f. The property owner to the south requests Council approval of a reduction to the width of the street buffer at the southeast corner of this site along future SH-16 to facilitate a shift of the stub street to the south closer to SH-16 to allow for a reduced buffer width in the future on the adjacent property to the south when it comes in for development: g= Not in favor of the density of the proposed development, desire for it to be less dense. 3. Key issue(s)of discussion by City Council: a. Mr. Tucker's request for the stub street to the south to be shifted further to the east closer to future SH-16: b. Concern pertaining to this development's impact on enrollment at area schools: c. Concern pertaining to this development's impact on transportation in this area: d. Impact on the proposed development from the adjacent school(i.e. traffic�arking� possibility of students using the common area and pool,trash, etc.); e. Possible realignment of future SH-16 and resulting impact on the proposed development. 4. City Council change(s)to Commission recommendation. a. None Page 15 Page 86 Item#3. VIL EXHIBITS A. Annexation/Zoning Legal Descriptions&Exhibit Maps LEGAL DESCRIPTION THE LAND Page 1 OF 1 GROUP July 9.2021 Project No.: 120124 EXHIBIT"N' ANNEXATION/REZONE AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 Borth,Range 1 West,&wise Meridian,Ada County, Idaho,being more particularly described as follows: BEGINNING at the East One Quarter darner of said Section 32{from which the Southeast corner of said Section 32 bears South 00°29'50"West,2633.22 feet distant}; Thence South 00'29r 5W West,1316.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 89'20'14"Shiest, 1324.23 feet,to the Southeast One Sixteenth corner of said Section S2; Thence North 00°33'03" East,1316.33 feet,to the{:enter East One Sixteenth corner of said Section 32; Thence South ST 1Y 39r'Easy, 1323.00 feet,to the POINT OF BEGINNING: The above described area of land contains 40.0 acres,more cr less_ PREPARED BY: The Land Group,Inc. Michael Femenia, PLS Q� OF 1Pi �4%9 0/0/2 1 Page 16 Page 87 Item#3. r CIE 1{1ft + — — — 5694MR1 1323.00' - _ E114 ++ 5.33 I P Annexation I Rezone for I Acclima Inc. Being the HE 1 A of the SE 1114 of Section 32 Township 4 North,Range 1 West.Boise Meridian Ada County.Idaho I 2021 w ANNEXATION f REZONE ' AREA:±40.0 Acres c7 I HE OF 11iE 5E IF i I I ' } SE111:(Nh S1.1OthE N89"Mi 41'h' 132423' — LA r 0 —5.5. s.4 SE CDR SEC 32 S. u C}7{ 72f2'I 0 254' 450d' Exhibit u B Horiontd Scaie:1'=25C 120194 Date of l5warce:July 9.20211 r � THE Annexation Rezone LAND Aviator Springs Subdivision 0 -GROUP Acclima Inc. V Page 17 Page 88 Item#3. � � LEGAL DESCRIPTION peo..' THE ■ Page 1 OF 2 LAND GROUP October 18,2021 Project No.:120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE R-8 REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, [from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant]; Thence North 89°19'39"West,a distance of 262.39 feet on the east-west mid-section line of said Section 32 to a point of curve,said point being the POINT OF BEGINNING; Thence 673.35 feet on the arc of a curve to the left,said curve having a radius of 13,000.00 feet, a central angle of 02"58'04",a chord bearing of South 08"15'S9"West,and a chard length of 673.28 feet on the proposed centerline of Highway 16; Thence South 09"45' 00"West,a distance of 657.04 feet on the proposed centerline of Highway 16 to a paint on the south Jine of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 89"20'14"West,a dista nce of 865.18 feet on said south line to the southeast 1/16th corner of said Section 32; Thence North 00'33' 03"East,a distance of 570.42 feet on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence South 89'25'18" East,a distance of 217.12 feet; Thence North 00"40'21" East,a distance of 176.139 feet; Thence North 89"25'18"West,a distance of 217.49 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 00"33'03" East,a distance of 19.62 feet on said west line,- Thence South 89"25'18" East,a distance of 217.54 feet; Thence North 00'40'21" East,a distance of 155.94 feet; Thence North 89"19'39"West,a distance of 41.70 feet to a point of curve,- Thence 25.23 feet on the arc of a curve to the right,said curve having a radius of 67.00 feet,a central angle of 21"34'42",a chord bearing of North 78'32'18''West,and a chard length of 25.08 feet; Thence South 22"15'03"West,a distance of 11.20 feet; Thence North 89"25'18"West,a distance of 147.39 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; 462 East Shore Driver Suite 106_Eagle. Idaho 83616 208.938_4041 thelandgroupinc_corn Page 89 Item#3. October 19,2021 Page 2 Thence North 00'33'03'' East,a distance of 399.96 feet on said west line to a paint on the east-west mid-section line of said Section 32; Thence South 89"19'39'' East,a distance of 1060.61 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 27.63 acres more or less. PREPARED BY: The Land Group,Inc. �a P. '7880 10-19-2021 1P O Or�4 James R.Washburn R WA� Page 19 Page 90 Item#3. CE 1116th N89'19'39"W 1323.00' S.32 S.33 —_---_ _ ————— -__ —S89°19'39"E 1060.61' rPOB m IS22IM . '150511W2 ' c 2.3E91'1 489° 8"__�_— It TJI 147.39 N89°19139"W M 41.70' I I M to �I I2f wl l�j S89°25'18"E 217.54' _ p w _ N001'33'031 19.62'--N ° W —119258217_ wa rsT I T, a I DErwL h. �g zl 0 Uj p 58 CM9°25'18"E 217.12' v rn I4n a FSO DETAIL v' ZONE R-8 SCALE:1"= 100 AREA:1,203,692 F12 i (27.63 AC) N89°20'14"W 865,18' _ 459.05' _ l SE 1/1 6th —_ N89°20'14"W 1324.23' S 1f161h E '.LAa Curve Table ¢� LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH :T a 880 °� C1 673.35' 13,000-00' 2'58'04' SOV5'59"W 673.28' r s1 0/1 9120 2 1 o S.32 S.33 T C2 25,23' 67,00' 21'34'42" N78°32'18"W 25,08' 1pP��. SfT S,4 ]� WA SE COR SEC 32 0 250' 500' Exhibit "B" s Horizontal Scale:1'=25Q' 120194 Date of Issuance:IW1W021 THE Rezone Exhibit TM LAND Zane R-8 0 "g =GROUPTM Page 20 Page 91 Item#3. LEGAL DESCRIPTION THE LAND Page 1 OF 2 GROUP August 20,2021 Project No_: 120194 EXHIBIT Off AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, being more particularlydescribed as follows: Commencing at the East Quarter Comer of Section 32-of said Township 4 North,Range 1 West,(from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant); Thence North 8-3019'39"West,1323_CO feet on the east-west mid-section line to the Center East One Sixteenth corner of said Section 32, Thence South 00'3T03"West,a distance of 399.96 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 to the POINT OF BEGINNING; Thence South 89'25'18"Easy,a distanre of 147.39 feet; Thence North 22"15'03"East,a distance of 11.20 feet to a paint of curve; Thence 2523 feet on the arc of a curve to the left,said cu rve having a rad i us of 67.OD feet,a central angle of 210 34'42",a chord bea ring of South 79D 32'18"East,a nd a chord length of 25.0E feet; Thence South 890 19'39"East,a distance of 41.70 feet; Thence South 00'40'21"West,a distance of 155.1 4feet; Thence North 89 a 25'18"West,a distance of 217.54 feet to a paint on the west I i ne of the Northeast Quarter of the Southeast Quarter of Section 32, Thence North 00033'03"East,a distance of 150.33 feet on said west line to the POINT OF BEGINNING. The above described parcel contains 33,162 square feet(0.76 acres)more or less_ TOGETHER WITH REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Eloise Meridian,Ada County,Idaho, being Whore particu la rly described as follows: Commencing at the East Quarter Carver of Section 32 of said Township 4 North,Range 1 West, (from which the South 1f 16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant); 462 East Shore drive, Sidle 1017, EagFe. Icahn 63615 208.939 4D41 thelandgrouplrnc cam Page 21 Page 92 Item#3. August 20,2021 Page 2 Thence North 89°19'39"West,1323.00 feet on the east-west mid-section line to the Center East One Sixteenth corner of said Section 32, Thence South 00°33'03"West,a distance of 559.91 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 to the POINT OF BEGINNING; Thence South 89°25'18"East,217.49 feet; Thence South 00°40'2r West a distance of 176.00 feet; Thence North 89°25'18"West,a distance of 217.12 feet to a point on the west line of the Northeast Qua rter of the Southeast Quarter of Section 32; Thence North OTBT03"East, 176.00 feet on said west line to the POINT OF BEGINNING_ The above described contains 38,246 square feet(028 acres) more or less_ PREPARED 3Y: The Land Group, Inc. �+ Ji► "7880 �00 9-20-2021 James R_Washburn ���DIF 1N A Site Planning•Land scap-e Architecture■CM Engineering•Surveying 462 E.Shore Drive,Su'rte 100.Eagle,Idaha83616•P 208.339.4041•www.thelandgroupin€.corn Page 22 Page 93 Item#3. C E 1}15ttt +} N69'19aft 1323:01Y E_-a { ; N22'15MYE 11.2(Y - — 147.39`— !� 589119'39'c POB9t 41.70' o II ZONE L-0 r AREA_±33,142 FT' � N69°25'18'W 217.54' � r S6rl2 l8"E 217.Z — . UETAaL � ZONE L-0 ARE A±38,243 FTC io I r� rI I� ':-- _217.12' --_ ' Na�"25'1�'W11 oETrIL I i BE 1J1ft — SCALE:1'=1 OO' — S 111 Gtlr E 1 1169°2b14'14f 1324.2a' p�3 LA r Curve Ta* 788o CLIRVF LENGTH RADIUS DELTA CHORD EEARINO CHORD LEWTH r 8-30-2 21 C1 25.23' 67.00' 21°34'42' S78°321TK 25.08' 5.32 5.33 ',y 12�OF U 5.5 F SA y4 p� 5E GOR SEC 32 �+ s Exhibit "B`I 251Y 5ce F 120194 THE Rezone Exhibit LAND Zone L-0 � RQUP Page 23 Page 94 Item#3. tA ram— LEGAL DESCRIPTION !. 1 LAN Q Page 1 OF 1 G R 0 U P October 19,2021 Project No.: 120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE M-E REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1116th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant),said East Quarter Corner of Section 32 beingthe POINTOF BEGINNING; Thence South 00'29'50''West,a distance of 1316.11 feet on the east line of said Section 32 to the South 1/16th corner common to Section 32 and Section 33; Thence North 89'20' 14''West,a distance of 459.05 feet on the south line of the Northeast Quarter of the Southeast Quarterof Section 32; Thence North 09°45'W"East,a distance of 657.04 feet to a point of curve; Thence 673.35 feet on the arc of a curve to the right,said curve having a radius of 13,000.00 feet,a central angle of 02'58'04",a chord bearing of North 08'15'59"East,and a chord length of 673.28 feet to a point on the east-west mid-section line of said Section 32; Thence South 89'19'39'' East,a distance of 262.39 feet on said mid-section line to the POINT OF BEGINNING. The above described parcel contains 10.72 acres more or less. PREPARED BY: r The Land Group,Inc. LAND ' P.- 7$$0 1a-19-2fl21 JT jQ dy 9T or�qR tti James R.Washburn Wh 462 East Shore Drive,Suite 100,Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 24 Page 95 Item#3. E1J4 5.33 S89°19'39"E 1323.00' ROB 1060.61' 262.39 � CE 1/16t 5.32 i r r � 1 I ' ZONE M•E 1 r AREA:467,071 FT2 r W� (113.72Ac) PROPOSED CENTERLINE OF HIGHWAY 16 � 0 �,f r r r � — 865.18' _ _ 459.05' L LA.Nbh 5E1/1m N89°20'14'W 1324.23' S1/13bE �G x Z�� G Curve Table . SIT 7880 CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH 10I18I2021 r �° C1 67135 13.000-00' 2a58'04' NOS°15'59"E 673.28' r4 9 £OF� 5.32 5.33 R,WA S. SA a SE CUR SEC 32 s E E � 0 Exhibit "B" 250' 500' s_ a i Horizontal Scale:1'=250 120194 Date of Issuance:l gr1812021 J N THE Rezone Exhibit r W LAND Zone M-E o -re GROUP r e�s �g .3 25 Page 25 Page 96 B. Preliminary Plat&Phasing Plan(date: 9/3/202112/2/21)-Revised T ViI map: THE j LANO IMGROUP 9 Z. 2-1 L.Q.I Property Planer. uw-p- N... Engineer,Landscape A,,-::O: P1.1 co F-1 F F F-, C5 Mi M Mo w .. .... ..... avi B—hurkMKAVD-3flVXLM p A IN==- 7-mg I J--J L��-J5JL Lr PreliniaargPlat-Overview PP-01 Page 26 ®i 1lit ®1111IIr .. I. r j� IIIII � !� ! o ��lr■� 0 ", Item#3. iUHE ND �R -42-11 C N a� iA= Q. �roamltleEtle Q� �� E �lr3an Pstmepaw Mini Pin&" � N@@hs LP-03 Page 28 Page 99 Item#3. D. Open Space Exhibit(dated: 9/3/21) I OPEN SPACE CALCULATION: I I QUALIFIED OPEN SPACE: I 332,967 SO FT TOTAL BOUNDARY SQUARE FOOTAGE: W=C CHUM 2.506-8F I 1,742,400 SO FT =Q If= _ BOUNDARY SQUARE FOOTAGE MINUS HWY 16: r 1,399,108 SO FT ., 4,169-SF _ PCT.OF QUALIFIED OPEN SPACE OVERALL: l'■ 19.1% I{ I PCT.OF QUALIFIED OPEN SPACE MINUS HWY 16: I�14Z1➢� 23.8% 8,365-SF \ I -'-- --- \ "NOTE:OPEN SPACE CALCULATIONS DEPICTED ON \ THIS SHEET ONLY INCLUDE FUNCTIONAL OPEN SPACE AREA GOMMON/OPEN SPACE LOT CALCULATION ON PRE-PLAT OVERVIEW INCLUDES 10,873-SF — { ADDITIONAL COMMON AREA SUCH AS THE POOL PARKING AREA AND THE SECONDARY EMERGENCY ACCESS-CALCULATIONS INCLUDE BOTH 215,356-SF RESIDENTIAL AND COMMERCIAL USES. 36,203-SF 1 = FUTURE HWY 16 LOCATION Q 126-SF 8.J93-SF y 6 . 35,013-SFr I •CL� 2,480-SF ar !Z . = 34.11'_E LATERAL IRRIGATION EASEMENT •m g�a 0 250' 53C' y d $ Preliminary Plat-Open Space Exhibit Q d Horizontal Scale:I'=250' "edNo.:1WS1 LP-0 p A D31e allsaance D9,0.3JA2 Page 29 Page 100 Item#3. E. Parking Exhibit Legend: M. ' ■ PESIOQRLVL USE O= OVEFFLOWSTREET PARKING W=0 28 SPACES =4 I= 21 SPACES — — I' 3ISITOR PARKING TREF- RING ~ 1111 I I 14 SPACES r 5 SPACES �1 1 22 SPACES ' J PARKING CALCULATIONS: RESIDENTIAL USE PARKING: --- 1 3-4 BEDROOM RESIDENTIAL LOT(93 LOTS @ 41011J REQUIRED:372 PROVIDED:372(INCLUDES COVERED GARAGE PARKING AND DRIVEWAYS i L -1I 7 SPACES ��J II POOL AMENITY PARKING:(600 SF @ 1 PER 500 SF) W 1 18 SPACES f f REQUIRED:2;1 ADA PROVIDED-10;1 ADA RESIDENTIAL USE OVERFLOW STREET PARKING: _ I 1 4SPACES II I1L ��1J I REQUIRED:0 Q I r-ice -- '1� 1 PROVIDED M 9 SPACES II I y r rr VISITOR OVERFLOW STREET PARKING: 1 I REQUIRED:0 f PROVIDED:28 C 1i SPACES (1,j1 C 1m r 12 SPACES .CL. M 3 17 SPACES J J y, 111 Preliminary Plat-Parking Exhibit D z5D 50� Q 4 Q jf Horizontal Seale:1 =250' RW Mo'=ne'I2t94 LP-05 �� D31C o1 Iswanc�D9,0.32021 spa Page 30 Page 101 Item#3. F. Circulation Exhibit THE LAND 9 w GROUP 3 F s _ FUTURE ELEMENTARY � L � � n � CHUKAR RIDGE SU6 11 _ _ I i ACHEIVENENTE-1 IyL4l�I ®®® -- J' � W a C bOWYHEE HIGH - SCHOOL lIl L I .. FUTURE E } G I � - BYO THER5 O9 li O � 1L qq �� �I yI a ENDEAVOR STREET " FUTURE BY OTHERS USTICK ROAD �Surrauntliag Areas n Ex Page 31 Page 102 G. Conceptual Building Elevations Page 32 r A —— Ts, - - Item#3. H. Conceptual Development Plan(dated: 9/3/21) Pmfcrq ewer. Viola r;? �eserl9l leoen¢ THE El r�re,�cci,:��omn■az�no LA .. 3.'J•a� .. .. ..-. . - •.�:,' �.., F,..'rL'si'! ,&:::���:.}._•:. �� C � six' �. �.- .� !1• ''a` ppp¢6QD oaooaomooaoa��•�,• r � •�40Dp�0 D m¢momapmmmopp� p p: Y�a�r� o a o mmoommmmmmmopm p a � :; ;�Y�r� eapappOtl ma00000mmamao m •�Y a a p 000m000a000aom�pppp = ::. ::• ...Y.. 4 s ..... 8.a.4.fl.coon?rc+.y-�roaoeuo.O.Q.0 1441� .. ...... .. _ - - ' ------------ 1� - Preliminary Plat-Acclima Concept Plan Lot 2 Block 5 PP-11 Page 33 Page 104 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 and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed(i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. , the development agreement shall be amended to ineltide a eeneeptual deNelepfnent plan that is eansistent with UPC standards and the guidelines for-deNelepment in the MU N designation. if filultiple The commercial buildings ffe proposed in the development area on the east side of future SH- 16,the buildings shall be arranged to create some form of common,usable area, such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use—Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H. d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north(i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 2. The final plat shall include the following revisions: a. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 in a common lot or on a permanent dedicated buffer on Lot 1,Block 5; include a note stating the buffer will be maintained by the property owner or business owner's association in accord with UDC 11-313-7C.2. b. Include a note prohibiting access to future SH-16. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Add Class II trees and landscaping within all parkways within the development in accord with the standards listed in UDC 11-3A-17E and 11-313-7C as desired in MU-N designated areas. b. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 either in a common lot or a permanent dedicated buffer on Lot 1,Block 5; depict landscaping within the buffer in accord with the standards listed in UDC 11-313-7C. Include shrubs within all required street buffers. Page 34 Page 105 Item#3. c. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. d. Include a detail of the berm or berm and wall combination required for noise abatement along future SH-16 that demonstrates compliance with the standards listed in UDC 11- 3H-4D and is consistent with what City Council required on previous developments to the north(i.e. Chukar Ridge&Gander Creek—a 6-foot tall berm with a 6-foot tall wall on top of the berm); or apply for alternative compliance as allowed by UDC 11-3H-4D.4 as set forth in UDC 11-513-5. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway within the common open space area along future SH-16 prior to submittal of the Phase 1 final plat for City Engineer signature. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O and M-E zoning districts. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Non-residential buildings shall be proportional to and blend in with residential buildings as set forth in the Comprehensive Plan. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council(i.e. the Eight Mile Lateral). 10. A conditional use permit application is required to be submitted and approved for the Boys and Girls Club(i.e. civic, social or fraternal organization) in the L-O zoning district as required by UDC Table 11-2B-2. Compliance with the specific use standards listed in UDC 11-4-3-7 is required. 11. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The geotechnical investigative report prepared by GeoTek,Inc. indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.2 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. Page 35 Page 106 Item#3. 1.3 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 1.4 Ensure infiltration trenches are located so that sewer service lines do not pass through them. 1.5 Install blow-off valve per standard drawing W 13 at the southern property boundary. 1.6 Ensure no permanent structures(trees, fences,bushes,buildings, car ports,trash enclosures,infiltration trenches,light poles, etc.) are placed within utility easements. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 36 Page 107 Item#3. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 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. 2.18 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. 2.19 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. 2.20 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.meridiancity.orglpublic works.as px?id=272. Page 37 Page 108 Item#3. 2.21 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. 2.22 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. C. FIRE DEPARTMENT https://weblink.meridianciN.orglWebLinkIDocView.aspx?id=237898&dbid=0&repo=MeridianC i &cr=1 D. POLICE DEPARTMENT https://weblink.meridianciN.oLgzl ebLinkIDocView.aspx?id=237478&dbid=0&repo=MeridianC hty E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=239097&dbid=0&repo=MeridianC Lty F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=238412&dbid=0&repo=MeridianC ity G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=250217&dbid=0&repo=MeridianC ity(Updated) H. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=239278&dbid=0&r0o=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=240021&dbid=0&r0o=MeridianC hty J. PARK'S DEPARTMENT https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=240082&dbid=0&r0o=MeridianC Page 38 Page 109 Item#3. 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; The City Council finds the proposed zoning map amendment to R-8, L-O and M-E and subsequent development is generally consistent with the Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City 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 City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is generally consistent with the adopted Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. (Please see Comprehensive Plan Policies in, Section IV. of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 39 Page 110 Item#3. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 40 Page111 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Ronald Hatch (H- 2021-0026) for Property Located at 160 N. Linder Road (Parcel No. R3579000045 & R35790000040; Lots 8 & 9, Heppers Acre Subdivision) Page 112 ADA COUNTY RECORDER Phil McGrane 2022-013890 BOISE IDAHO Pgs=29 CHE FOWLER 02/09/2022 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ronald Hatch, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this tf day of 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 Ronald Hatchwhose address is PO Box 776, Meridian, Idaho 83680, hereinafter called OWNEWDEVELOPE . 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 § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1.1-58-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and rezoning of I.59 acres of land to I-L(Light Industrial) zoning district on the property listed in Exhibit "A", attached hereto, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT—HxrCH 1NDt1STRFAL, (K-2021-0026) PAGE 1 OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 19"'day of November, 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 Ronald Hatch, whose address is PO Box 776, Meridian, Idaho 83642, 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-HATCH INDUSTRIAL (H-2021-0026) PAGE 2 OF 8 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. Future development of this site shall be generally consistent with the conceptual development plan included in Section VM, Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". b. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercials districts (i.e. CD). c. A cross-access easement shall be granted to the abutting properties to the north(Parcel #R3579000034)and south(Parcel#R3 579000050)for access to/from N.Linder Road through the subject property; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. d. A 5-foot wide buffer shall be provided to residential land uses as required per UDC Table 11-2C-32 and as reduced by City Council at the hearing on October 9, 2021, landscaped per the standards listed in UDC 11-3B-9C. e. There are existing trees on this site that if removed may require mitigation per the standards listed in UDC 11-3B-10C-5. The owner/developer shall contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. f. A 14-foot wide public pedestrian easement shall be recorded for the multi-use pathway along Linder Road as required by the Parks Department. A copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. g. A minimum of 25-foot wide street buffer,measured from back of sidewalk,is required to be provided along N.Linder Rd., landscaped per the standards in UDC 11-3B-7C. DEVELOPMENT AGREEMENT-HATCH INDUSTRIAL (H-2021-0026) PAGE 3 OF 8 Item#4. 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. 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. DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 4 OF 8 Page 116 Item#4. 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 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: Ronald Hatch PO Box 776 Meridian, ID 83642 DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 5 OF 8 Page 117 Item#4. 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing 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 subjectto the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 6 OF 8 Page 118 Item#4. 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] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/D VELOPER: ERo ld Hat CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-8-2022 Chris Johnson, City Clerk 2-8-2022 i DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 7 OF 8 Page 119 Item#4. STATE OF IDAHO } ss: County of Ada } On this of ,2021,before e undersigned,a Notary Public in and for said St ,personally appeared Ronald Hatch n or identified to me to be the person who signed ab e and acknowledged to me that he cuted the same WITNESS WHEREOF, I h ereunto set my hand and affixed my official s day and year in this certificate fir e written. S-fl� Not a ublic for Redding at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this 8th day of February 12022 before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,respectively, of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—HATCH INDUSTRIAL (H-2021-0026) PAGE 8 OF 8 Page 120 Item#4. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California l Countyof 5041"l-bles4o J} On'rl�tttv,,,�WY` 51 7-02*1 before me, arEr�L �• fyv�ii���t o11/ ��IIC— Date ` H4�� �ye0._/ns� ame and Ti le of the O ficer personally appeared ��..�� ��tl)`� rymejs) Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the DANIEL D. SPONSELLER laws of the State of California that the foregoing '1 EUUEw••. U e COMM. #2360805 paragraph is true and correct. NOTARY PUBLIC •CALIFORNIA SAN DIEGO COUNTY n WITNESS my hand and official al. COMM.EXPIRES JUNE 111 2025-' Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documen Title or Type of Document: �tvldvw� &$'f tt-V^ Document Date: 12-' $1 ?_1ZA Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) igner's Name: Signer's Name: ftb rate Officer- Title(s): ❑ Corporate Officer- Title(s : ❑ Partner- imited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ rney in Fact ][I Individual ❑ Att❑ Trustee ❑ than or Conservator Trustee uardian or Conservator ❑ Other: O . Si is Representing: igner is Representing: ©2019 National Notary Association M1304-09(11/20) Page 121 EXHIBIT A Item#4. Annexation Legal Description ACCURMTE L r Sr�V1GE Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County,said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39" l;a distance of 2645.87 feet;thence N 00*32'39"E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 89'41'22" E fora distance of 40.00 feet to a found 5/81'inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89'41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet ton set 5/0 inch iron pin with a cap stamped PLS 11463 at the northeast corner of Lot 8; Thence S 00"46'31"W for a distance of 192.00 feet to a found X inch iron pin,replaced with a 5/8`1'inch iron pin with a cap stamped PI-5 11463; thence 5 88"31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set WWI'inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence S 88°31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00"31'39" E along the section line for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1.593 acres,or 69,379 square feet,more or less, 116 � 1p 1602 W. Mays St..Suite 308 Boise, ID 83702 Phone:208.488-4227 . %,Av+A•.accurates a rveyors.com Hatch Industrial H-2021-0026 Page 122 Item#4. X1 LOTS 8 & 9, HEPPE4S ACRE SUBDIOSION, BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. L YING W1 T]-!IN TIME SW 114 OF THE SW 114 OF SEC77ON 12 T.3N., R.I W. B r4+1. COUNTY OF ADA STATE OF IDAHO W' PINE AVE. iF F 08 �`fa?% i r2i�B,`v1'4 � a'f �-- SCALE-: ;00' ° N 89'41 '22 F J55. 19' 47 C) d Oq Q} 4-) I LO Q ` 1.593 Acres, x q 69,379 Square Feet QuLo S $8`31'38" W 354.54' Q s HEPPF_RS ACRE SUBDIVISION w 40' U 1 ILEGEND ANNEX BOUNDARY �A 10f S.0 SECTION LINE PARCEL LINE — PLATTED LOT LINE SLCFIOr1 CGS+`;tR 17 f2 W FR.4NKL1N RAJ. FOUND 3" BRASS CAP MONUMENT NO, 21W6 !tQ-7R4 14 7 5 ® FOVNO 4" ALUMINUM CAP MON. 0 SET 5/8" IRON PIN W171.1 2" ALUMINUM CAP, PLS t 146J A CALCULATED POINT X FOUND DISTURBED 112" IRON PIN. ti�Y 7E�yACCUMTE REMOVED AND REPLACED VRTH 516" IRON PIN, WITH 2" ALUMINUM CAP, PLS 7146J E I m i5021M.11ays SzrReL?306 FOUND 112" IRON PIN, Boise,Idaho 63702 WI H PLA577C CAP, AS NOTED ti -. {2l3H;ASS 4221 sf Y 1�,� w:ti v, cCuratesurveyors.corr' i � PLATTED LOT NUMBER DATE:JUNE, 2021 JOB 21-211 Page 123 item#4. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER q In the Matter of the Request for Amendment to the Comprehensive Plan Future Land Use Map (CPAM)to Change the Future Land Use Designation on 42+/-Acres of Land from Mixed Use— Community to Industrial; and Annexation of(AZ) of 1.59 Acres of Land with an I-L(Light Industrial)Zoning District for Hatch Industrial,by Hatch Design Architecture. Case No(s).H-2021-0026 For the City Council Hearing Date of: October 19,2021 (Findings on November 3, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 19, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 19,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 19, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 19,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 - I - Page 124 Item#4. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 19,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for an amendment to the Comprehensive Plan Future Land Use Map and Annexation&Zoning is hereby approved with the requirement of a Development Agreement per the provision in the Staff Report for the hearing date of October 19, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of October 19, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 -2- Page 125 Item#4. By action of the City Council at its regular meeting held on the 9th day of November 2021. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simi on 11-9-2021 Attest: irrG', 3M SF A1. Chris John n 11-9�2' City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: r ?` .. 0. Dated: 11-9-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HATCH INDUSTRIAL—CPAM,AZ H-2021-0026 -3- Page 126 Item#4. EXHIBIT A STAFF REPORTC�WE Nty COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 19, 2021 Legend DATE: Project Lncodar TO: Mayor&City Council a FROM: Sonya Allen,Associate Planner LIM 208-884-5533 SUBJECT: H-2021-0026 Hatch Industrial—CPAM,AZ �13 r I LOCATION: CPAM: East side of N. Linder Rd., south _ of the railroad tracks, and north side of - L W. Franklin Rd. - 0 AZ: 160 N. Linder Rd. (Parcel No. R3579000045 &R3579000040; Lots 8 & -- - 9,Heppers Acre Subdivision) SW 1/4 of Section 12,Township 3N., Range 1 W. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 42+/-acres of land from Mixed Use—Community to Industrial; and Annexation of(AZ) of 1.59 acres of land with an I-L(Light Industrial)zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 42+/-acres(CPAM); 1.59 acres(AZ) Future Land Use Designation MU-C(Mixed Use—Community) Existing Land Use Mix of residential,industrial,childcare facility and healthcare uses Proposed Land Use(s) Storage facility&future industrial uses Current Zoning Rl in Ada County,L-O(Limited Office),I-L(Light Industrial)and C-C(Community Business) Proposed Zoning I-L(Light Industrial) Physical Features(waterways, I None hazards,flood plain,hillside) Page 1 Page 127 Item#4. Neighborhood meeting date;#of 3/30/21;4 attendees attendees: History(previous approvals) 270 N.Linder Rd. [AZ-09-004(Ord.#10-1442);CZC-10-071 —The Baby Place];Parcel#S 1212336031 (Ord.#387 JMK Properties AZ);444 N.Linder Rd. (AZ Ord#827—Kathleen &Wendell Lawrence) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Linder Rd.is improved with 5-travel lanes,vertical curb, gutter&7' attached sidewalk.No additional improvements or right-of-way dedication is required with this application. • CIP/IFYWP No further improvements required. Access(Arterial/Collectors/State Access is depicted via Linder Rd. for the property proposed to Hwy/Local)(Existing and Proposed) be annexed with a cross-access driveway to adjacent properties to the north&south. Proposed Road Improvements None Fire Service No comment. Police Service No comment. C. Project Maps Future Land Use Map Aerial Map Legend 0 ffLegend 0 �Praq r-Lxa=ar ® I JtPVu�l bmcffor. i SHY' sih I- r � J Mixe - L Empbyryrnent -High 13 D MLI-Res w n ihal Lill is Page 2 Page 128 Item#4. Zoning Map Planned Development Map legend �R�R 8 �€ Legend � aag �€ L-0 R-4 j� I:,L L. ti.:R1 - T, City Limit R-88 L-O -15 'R-8 — Planned Parcels _ --- _ aliT '0Z I-L RPM F.L. pm I L - r r r - -R kl� � R-8 R R1 ® - - �_ R4 - RUT III. APPLICANT INFORMATION A. Applicant: Steve Thiessen,Hatch Design Architecture—200 W. 36 h St., Garden City,ID 83714 B. Owner: Ronald Hatch—P.O. Box 776, Meridian, ID 83680 C. Representative: Jeff Hatch,Hatch Design Architecture—200 W. 36'St., Garden City,ID 83714 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/27/2021 10/3/2021 Radius notification mailed to property owners within 300 feet 8/25/2021 9/30/2021 Public hearing notice sign posted 9/1/2021 10/5/2021 on site Nextdoor posting 8/26/2021 9/30/2021 V. COMPREHENSIVE PLAN ANALYSIS EXISTING LAND USE DESIGNATION: This property is currently designated as Mixed Use—Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan (see map in Section VIII.A). The purpose of this designation is to allocate areas where community-serving uses and dwellings Page 3 Page 129 Item#4. are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N) areas. 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 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3C. (See pgs. 3-11 through 3-16.) PROPOSED LAND USE DESIGNATION: The proposed FLUM designation for this property is Industrial(see map in Section VIII.A). The Industrial designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing, flex,and incidental retail and office uses. In some cases uses may include processing,manufacturing,warehouses, storage units,and industrial support activities(see pg. 3-11). There is an existing childcare facility located on the property at 444 N. Linder Rd.,zoned L-O; a birthing center/women's healthcare facility located at 270 N. Linder Rd., zoned C-C;vacant/undeveloped land at the northeast corner of Linder/Franklin,zoned C-C; and warehouse/industrial uses on the eastern portion of the site in Creamline Park, zoned I-L. The properties entitled with commercial/office zoning will be allowed to continue to operate as-is and/or develop with commercial uses as allowed by UDC Table 11-2B-2. The remainder of the 1+/-acre properties within the CPAM area that front on N. Linder Rd. are developed with single-family residential homes. If the CPAM is approved,the residential properties,when redeveloped, should be rezoned to I-L or I-H and develop with uses allowed in the applicable district as listed in UDC Table I1-2C-2. Staff believes it would be difficult for the residential properties fronting on Linder Rd. to redevelop consistent with the current MU-C FLUM designation due to the depth of the properties at 320+/-feet and the type of development that would likely occur(strip commercial buildings); it's likely these properties would develop on a"piece by piece"basis and not as a larger integrated mixed use planned development. Because industrial uses exist on the eastern portion of the site,residential uses wouldn't integrate well or be compatible with existing uses and interconnectivity between uses isn't feasible. Development would also not be consistent with the General Mixed Use Concept Diagram in the Comprehensive Plan(see pg. 3-12) as the site is not deep enough to provide the transition in uses shown on the concept diagram. The land on the west side of N. Linder Road and to the east of the CPAM area is designated as Industrial on the FLUM and zoned I-L, except for one parcel abutting the east boundary of the site fronting on W. Franklin Rd.which is designated Commercial and zoned I-L. Because of the industrial nature of the overall area south of the railroad tracks on the north side of Franklin Rd.,the need for more industrial land, and Staff s belief that industrial uses would be more compatible with existing industrial uses, Staff is supportive of the CPAM request. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer of the property proposed to be annexed with development in accord with UDC 11-3A-21. No development is proposed on the remainder of the CPAMproperty at this time. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Page 4 Page 130 Item#4. The proposed industrial use will be required to provide a landscaped buffer along property lines adjacent to residential uses (i.e. to the north and south)with development per UDC Table I1-2C-3. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed industrial development should be compatible with existing industrial uses to the east and west. The required buffer to residential land uses to the north and south should minimize conflicts between land uses. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities,irrespective of existing development." (2.02.02C) The proposed infill industrial development shouldn't negatively impact abutting uses as other industrial uses exist to the east and west; and a landscaped buffer is required along the north and south property boundaries to residential uses which should minimize conflicts. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will be required to connect to City water and sewer systems with development;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 25 foot wide street buffer is required to be provided with development along N. Linder Rd., an arterial street,per UDC Table 11-2C-3, landscaped per the standards in UDC I1-3B-7C. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was recently constructed with the road widening project along Linder Rd. Hook-up to City water and sewer service is required with development. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize the provision of public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 42+/-acres of land from Mixed Use—Community(MU-C)to Industrial. An exhibit map showing the existing and proposed FLUM designation is included in Section VIII.A. Approval of the proposed amendment to Industrial will accomplish the following: 1)it will allow the existing residential/commercial properties within the site to redevelop with industrial uses which should be more compatible with existing industrial uses on the site and adjacent to the site; 2)industrial uses should be more compatible with existing industrial uses than uses allowed in the MU-C designation, which should minimize conflicts between land uses; 3)for the properties already zoned I-L and developed with industrial uses on the eastern portion of the site in Creamline Park,the amendment will "clean-up"the FLUM for this area so that the land use designation coincides with the existing approved Page 5 Page 131 Item#4. uses; and the amendment will allow more industrial uses to develop which are needed in the City. For these reasons, Staff supports the request. B. ANNEXATION(AZ) The Applicant proposes to annex 1.59 acres of land, including right-of-way to the section line of N. Linder Rd., from the R1 zoning district in Ada County to the I-L zoning district in the City consistent with the proposed FLUM amendment to Industrial. A legal description and exhibit map for the annexation area is included in Section VIII.B. The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd. and to the east; single-family residences exist to the north and south in Ada County. The Applicant proposes to develop the 1.41-acre property with a 19,975 square foot 10-unit industrial building to lease to contractors,mostly for storage with the potential for each space to have a small office and restroom. A warehouse use is principally permitted in the I-L district;professional services (i.e. offices)are allowed as an accessory use per UDC Table I1-2C-2. Flex space is also a principally permitted use in the I-L district subject to the specific use standards listed in UDC 11-4-3-18. Conceptual Development Plan: The conceptual development plan shown in Section VIII.0 depicts the proposed structure, associated parking, driveway access and drive-aisles within the site. An existing 30- foot wide easement is depicted along the east boundary of the site on the Heppers Acre Subdivision plat. Access: One(1)driveway access to the site is proposed via N. Linder Rd. with driveway stubs to the properties to the north and south for future cross-access upon redevelopment of those properties. A cross-access easement should be recorded granting access to/from N.Linder Rd.through the subject property for those properties; a copy of this easement should be submitted to the Planning Division prior to issuance of the Certificate of Occupancy for this site. The minimum drive aisle width for 90 degree parking with 2-way drive aisles is 25-feet per UDC Table 11-3C-5. Sidewalk/Pathway: An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area.Because the sidewalk was recently constructed, Staff does not recommend it's removed and a new pathway constructed in its place at this time; however, Staff does recommend a 14-foot wide public pedestrian easement is recorded for the pathway. Parking: Off-street parking is required to be provided in accord with the standards listed in UDC 11-3C- 6 for industrial uses(i.e. 1 space for every 2,000 square feet of gross floor area). Based on a 19,975 square foot building, a minimum of nine(9) spaces are required. A total of 30 spaces are depicted on the conceptual development plan,which exceeds the minimum number of spaces by 21. Landscaping: A 25-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk;the buffer should be landscaped per the standards listed in UDC 11-3B-7C. Parking lot landscaping is required per the standards listed in UDC I1-3B-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.Ia. A 25-foot wide buffer to residential land uses is required per UDC Table 11-2C-3,landscaped per the standards listed in UDC I1-3B-9C,residential uses exist to the north and south of this property. The Applicant requests City Council approval of a reduced buffer width of 5 feet adjacent to residential uses as allowed by UDC 11-3B-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feet). Page 6 Page 132 Item#4. Landscaping is required along the multi-use pathway adjacent to N. Linder Rd. per the standards listed in UDC 11-3B-12C. There are existing trees on this site that may require mitigation if removed per the standards listed in UDC 11-3B-10C.5. Staff recommends the Applicant contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. Elevations: Conceptual building elevations were not submitted for the industrial building. The design of the structure is required to comply with the design standards in the Architectural Standards Manual (ASM). Staff recommends the design is required to comply with the design standards for commercial buildings rather than industrial buildings because the property fronts on an arterial street(i.e.Linder Rd.) and will be highly visible.Detailed review of the elevations for compliance with these standards will take place with the Certificate of Zoning Compliance and Design Review application prior to submittal of an application for a building permit. The City may require a development agreement(DA) in conjunction with a annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject CPAM and AZ requests. 1. Summary of Commission public hearing_ a. In favor: Jeff Hatch,Applicant's Representative b. In opposition:None C. Commenting. None d. Written testimony: Gary Reimer,Joe Olson,Bogdan Martsenyuk, Soerabaia Living Trust. e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. All of the letters of testimony submitted are in support of the CPAM request. b. Mr. Reimer is in support of the requested reduction to the width of the landscape buffer to residential uses from 25' to 5' along their shared boundary line(i.e.project's northern boundary). 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on October 19,2021. At the public hearing the Council moved to approve the subject CPAM and AZ requests. Page 7 Page 133 Item#4. 1. Summary of the City Council public hearing: a. In favor: Jeff Hatch b. In opposition: None C. Commenting: None d. Written testimony:None e. Staff presenting application: Caleb Hood 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. Landscape buffers to the north and south and redevelopment potential for the roughly 40 acres of property in this area 4. City Council change(s)to Commission recommendation: a. Approve a reduction to the landscape buffer to the north and south to 5 feet. Motion by Cavener: second by Perreault—all ayes. Page 8 Page 134 Item#4. VIIL EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date:7130/2021 Adopted Land Uses 'I 0 500) 1,000 >- Feet � High Densify Residential t I Mixed Employment General Industrial MU-C L - Legend `TMISAP Boundary Low Density Residential Medium Density Residential _ Med-High Density Residential Commercial i Offiee Civic High Density Residential d-High fJ: - Commercial 'nsi I denfialy_ \ - Office Industrial Civic Proposed Land Uses Old Town ne I Mixed Use Neighborhood — 1� Mixed Use Community High Density Residential - Mixed Use Regional - Mixed Use Non-Residential ® Mixed Use-Interchange Low Density Employment - High Density Employment Mixed Employment _ Mixed MU-ResEmployment— IndustrialGeneral. —J � L_ MU-Corn ® Lifestyle Center rI; Gffice Civic r T I Mediu Med-High i � m - t�1', MU- Comte Commercial Densi Den en+tY' Residential Residtial I VP 1_ L Y MU-Res ---- - Page 9 Page 135 Item#4. B. Annexation Legal Description and Exhibit Map INACCURATE � yp SURVEYING & MAPPING t '�fRVIC4 Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299,Records of Aida County,said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39" E a distance of 2645.87 feet;thence N 00`32'39" E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 99'41'22" E for a distance of 40.00 feet to a found 5/8"inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89`41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet to a set 5/81"inch iron pin with a cap stamped PLS 11463 at the northeast corner of tot 8; Thence 5 00'46'31"W for a distance of 192.00 feet to a found Y inch iron pin,replaced with a 5/8'inch iron pin with a cap stamped PLS 11463; Thence 5 88'31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set 5/V inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot 9; Thence 5 88°31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00'31'39" E along the section line for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1.593 acres,or 69,379 square feet, more or less. G 4 11463Of VIA ,�,,�•�a.zro I 1602 W. Hays St., Suite 306. Boise, ID 83702 , Phone:208.488-4227 - www.accu rates u rve yors.co m Page 10 Page 136 Item#4. Hr IIIP'I T MA P LOTS 8 & 9, HEPPERS ACRE SUBDIVISION, BOOK 19 OF PLATS, PACES 1298-1299, ADA COLINTY RECORDS. L nNG Wl THIN THE .SIN 114 OF THE SW 114 OF SEC T70N 12, T_3N., R_1 W, 8.,W COUNTY OF ADA STATE OF IDAHO W. PINE AVE. 114 CORNER 11 12 — — —— CP&F INS I< No. 71208.5074 � 06 07 SCALE: t"=100' 40 N 89'41'22" E 355. 19 6i 40.OD' 3?5.19' 1.593 Acres, z Q� LLJ 69,379 Square Feet CL O 40.U2 314_52' Q � S 88'3 l'38" W 354.54' q s � 4, i HEPPE+RS ACRE SUBOWISION 11463 LEGEND ANNEX BOUNDARY OF SECTION LINE PARCEL LINE PLATTED LOT LINE SECTION CORNER 11 12 W FRANKUN RD. FOUND 3" BRASS CAP MONUMENT CP&F INS — — No. 2016-110354 14 1.3 FOUND 4" ALUMINUM CAP Mph. 0 SET 518- IRON PIN WITH 2" ALUMINUM CAP, PLS 114E3 1� CALCULA TED POINT FOUND DISTURBED 112" IRON PIN. �ti1 Tf�'y� T� REVOvED AmD REPLACED MTH 5/17 IRON PIN, WITH 2" ALUMINUM CAP, SUHIIEYING & MAPPING PLS 11463 r 6 1502 W.Hays Street It306 • FOUND l f 2" !R{71V FIN, 1 Boise,4 83742 (2Q$) I�+y7H PLASTIC CAP, AS NOTED 4-$48$-4227 www.accuratesurveyors.curri 9� PLATTED L 0 T NUMBER DATE:JUNE, 2021 JOB 21-211 Page 11 Page 137 Item#4. C. Conceptual Development Plan v n g N F ti � A e rn rn A m Z n rn A A z zs'-0^ LANDSCAPE LANDSCAPE N BUFFER 24'-0^ BUFFERN�J Xeq x wam-e>>sx� zrn �_ --- - . I � I z� a w mm I 4 �$ = xis•-W r— a 1 N Y - I= i �s z o, D I will � I s _ N6 a c I yp I NI -- Un, rn EASEMENT x ri rt a � a 'm 9 a n - NEW DEVELOPEMEWF FOR: Z m HATCH INDUSTRIAL 0 y 160 N.LINDER RD.,MERIDIAN,ID.83642 Page 12 Page 138 Item#4. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VITI,Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained herein. b. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts (i.e. CD). c. A cross-access easement shall be granted to the abutting properties to the north(Parcel #R3579000034) and south(Parcel#R3579000050) for access to/from N. Linder Rd.through the subject property; a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. d. A 2-5 5-foot wide buffer shall be provided to residential land uses as required per UDC Table I I- 2C-3 and as reduced by City Council at the hearing on October 19, 2021,landscaped per the standards listed in UDC 11-3B-9C, e. There are existing trees on this site that if removed may require mitigation per the standards listed in UDC 11-3B-1OC.5. The Applicant shall contact Matt Perkins,the City Arborist,to schedule a site inspection prior to removal of any trees from the site to determine mitigation requirements. f. A 14-foot wide public pedestrian easement shall be recorded for the multi-use pathway along Linder Rd. as required by the Park's Department. A copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. g. A minimum 25-foot wide street buffer,measured from back of sidewalk,is required to be provided along N. Linder Rd., landscaped per the standards listed in UDC 11-3B-7C. B. PUBLIC WORKS Any changes to public utility infrastructure must be reviewed by the Public Work's Department. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=235914&dbid=0&repo=Meridian City D. PARK'S DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=237033&dbid=0&repo=MeridianCity E. ADA COUNTY HIGHWAY DISTRICT(ACHD) hggs://weblink.meridiancity.org/WebLink/DocView.aspx?id=236543&dbid=0&repo=Meridian QU Page 13 Page 139 Item#4. X. FINDINGS A. Comprehensive Plan Map Amendment Upon recommendation from the Commission,the Council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds the proposed amendment to Industrial is compatible with adjacent industrial uses in the area and is consistent with the goals and policies in the Comprehensive Plan as noted in Section V. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to change the FL UM designation from Mixed Use— Community to Industrial will provide an improved guide to future grown and development in this area and will be compatible with adjacent industrial uses. 3. The proposed amendment is internally consistent with the Goals,Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section V. 4. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment to Industrial will be compatible with other existing industrial uses in the area. 6. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. B. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 14 Page 140 Item#4. 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applican'ts proposal to annex the subject property with I-L zoning and develop industrial uses on the property is consistent with the proposed Industrial FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Linder Rd.). 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Page 15 Page 141 Item#5. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Construction Contract for Public Works Construction Between City of Meridian and Cougar Excavation for the Watermain Replacement at Hickory Rd. from Pine to Fairview for the Not-to-Exceed Amount of$803,286.00 Page 142 Item#5. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 2/8/2022 Presenter: N/A Estimated Time: 0.00 Topic: Approval of bid and contract for the Not-to-Exceed amount of$803,286.00 Recommended Council Action: Approve bid and contract to Cougar Excavation for the Watermain Replacement at Hickory Rd. from Pine to Fairview for the Not-to-Exceed amount of$803,286.00 and also authorize Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of$803,286.00. Background: Three bids were submitted and Cougar Excavation came in at the low bid price. The other two bids were over one million dollars. Page 143 Item#5. Mayor Robert E. Simison E IDIANCity Council Members i�~� Joe Borton Treg Bernt Public Works I D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Keith Watts FROM: Dean Stacey, Engineering Project Manager DATE: January 18,2022 SUBJECT: CONSTRUCTION CONTRACT WITH COUGAR EXCAVATION FOR HICKORY WATER MAIN REPLACEMENT PROJECT FOR A NOT-TO- EXCEED AMOUNT OF$883,286 I. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek,Assist City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVay, PW Director 208-985-1259 II. DESCRIPTION A. Background The Public Works Department plans the replacement of aging water lines and sewer mains throughout the City. The existing 12-inch water main on Hickory Ave., from E. Pine Ave. to E. Fairview Ave. has been prone to breaks in recent years. The root cause of the breaks appears to be improper pipe bedding during construction. It is more cost effective to replace the entire length of main in Hickory Ave. rather than continue repairing sections of the water main and rebuilding the road as breaks occur. Proposed Project B. Replace approximately 3,000 feet of existing 12-inch water main, valves and hydrants in N. Hickory Ave. from E. Pine Ave. to E. Fairview Ave. Included in Page 144 Item#5. age 2 the project is a new in-line valve located East of Hickory on Jewel and one on N. Hickory near Fairview. These new valves will reduce customer outages in the area in the future during scheduled or unscheduled outages. Once the new lines are installed and tested,the contractor will switch over existing hydrants and water services to the new water main and repair any road and sidewalks affected by construction. III. IMPACT A. Fiscal Impacts Project Costs: Fiscal Year 2022 Construction Contract $803 286 ----------------------------------------------------- ------------� ---- ---------- Conti enc 10% $80 000 $883,286. Project Funding .---------------------------------------------------------------------- ------------------- --------11----- Fiscal Year 2022 Account Code/Codes - --- ------------ 60-3490-95000 ........._......_.................__.._...._.._...._......:__. $883 286 ` ---_-_....___-__..._....__.._..---__.._....._ .._....._....__...._..__..__.......__....__...._ Total Funding $883,286_; B. Alternatives This project could be delayed. This would save money in the short term,but would likely result in a higher life cycle cost of the water main due to the additional water main breaks, increasing costs of pipe and road repairs. Such reactive repairs would also have a negative impact on traffic and water service to customers. C. Time Constraints Council approval will allow this construction project to begin in early February 2022, and be complete no later than August 2022. The Settlers Lateral irrigation crossing has to be complete before March 15'h of this year,or wait until fall of 2022. Departmental Approval: Page 145 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WATERMAIN REPLACEMENT HICKORY - PINE-FAIRVIEW PROJECT # 10620.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 8th day of February, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Cougar Excavation , hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box 1306 Meridian ID 83680 and whose Public Works Contractor License # is C- 16438 INTRODUCTION Whereas, the City has a need for services involving Watermain Replacement; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WATERMAIN REPLACEMENT- HICKORY page 1 of 14 Project#10620.c Item#5. represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $803,286.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WATERMAIN REPLACEMENT-HICKORY page 2 of 14 Project#10620.c Page 147 Item#5. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 220 (two hundred twenty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 250 (two hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WATERMAIN REPLACEMENT-HICKORY page 3 of 14 Project#10620.c Page 148 Item#5. Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and WATERMAIN REPLACEMENT-HICKORY page 4 of 14 Project#10620.c Page 149 Item#5. all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WATERMAIN REPLACEMENT-HICKORY page 5 of 14 Project#10620.c Page 150 Item#5. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. 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 party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WATERMAIN REPLACEMENT- HICKORY page 6 of 14 Project#10620.c Page 151 Item#5. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WATERMAIN REPLACEMENT-HICKORY page 7 of 14 Project#10620.c Page 152 Item#5. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate WATERMAIN REPLACEMENT-HICKORY page 8 of 14 Project#10620.c Page 153 Item#5. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WATERMAIN REPLACEMENT- HICKORY page 9 of 14 Project#10620.c Page 154 Item#5. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian COUGAR EXCAVATION Procurement Manager Attn: Colby Buffington 33 E Broadway Ave PO Box 1306 Meridian, ID 83642 Meridian, ID 83680 208-489-0417 Phone: 208-860-4578 Email: colbybuffington@hotmail.com Idaho Public Works License #16438 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN COUGAR EXCAVATION BY: BY: ("y— KEITH WATTS, Procurement Manager COLBY BUFF NGTO , 'NE1R i WATERMAIN REPLACEMENT-HICKORY page 10 of 14 Project#10620.c Page 155 Item#5. Dated: 2-8-2022 Dated: 1/27/2022 Approved by Council: 2-8-2022 Project Manager Dean Stacey WATERMAIN REPLACEMENT-HICKORY page 11 of 14 Project#10620.c Page 156 Item#5. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2208-10620.c ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2208-10620.c, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS & DRAWINGS by Murraysmith dated 12/10/21 (14 pages) • TECHNICAL SPECIFICATIONS by Murraysmith dated 12/10/2021 (17 pages) WATERMAIN REPLACEMENT- HICKORY page 12 of 14 Project#10620.c Page 157 Item#5. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $803,286.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 220 Days from Notice to Proceed Milestone 2 Final Completion 250 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATERMAIN REPLACEMENT CONSTRUCTION PROJECT per IFB PW-2208-10620.c. NOT TO EXCEED CONTRACT TOTAL....................... $803,286.00 This contract is a fixed price contract with a not to exceed amount. No price adjustments will be allowed for material escalation. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price Total Price 303.4.1.A.1 EXPLORATORY EXCAVATION #0-1 (includes utility potholing) 16 HR $ 300 $4,800.0 #0-2 307.4.1.G.1 TYPE P SURFACE RESTORATION 1750 SY $ 50 $87,500.0 308.4.1.A.1 STEEL CASING PIPE BORING AND #0-3 JACKING -24" DIA 20 LF $ 1,600.0 $32,000.0 401.4.1.A.1 WATER MAIN PIPE-6" PVC C900 (includes excavation, bedding, pipe, fittings, #0-4 restraints, and backfill) 80 LF $ 100 $8,000.0 401.4.1.A.1 WATER MAIN PIPE-8" PVC C900 (includes excavation, bedding, pipe, fittings, #0-5 restraints, and backfill) 240 LF $ 110 $ 26,400.0 401.4.1.A.1 WATER MAIN PIPE- 10" PVC C900 (includes excavation, bedding, pipe, fittings, #0-6 restraints, and backfill) 20 LF $ 200 $4,000.0 401.4.1.A.1 WATER MAIN PIPE- 12" PVC C900 (includes excavation, bedding, pipe, fittings, #0-7 restraints, and backfill) 3000 LF $ 130 $390,000.0 402.4.1.A.1 VALVE-6" GATE VALVE (includes #0-8 valve box, not for use at fire hydrant assembly) 3 EA $ 1,800.0 $ 5,400.0 402.4.1.A.1 VALVE-8" GATE VALVE (includes #0-9 valve box) 7 EA $ 2,600.0 $ 18,200.0 WATERMAIN REPLACEMENT-HICKORY page 13 of 14 Project#10620.c Page 158 Item#5. 402.4.1.A.1 VALVE- 12" GATE VALVE (includes #0-10 valve box) 21 EA $ 3,600.0 $ 75,600.0 403.4.1.A.1 HYDRANT(includes excavation, bedding, pipe,valves,valve boxes,fittings, #0-11 hydrant, and backfill) 1 EA $ 7,200.0 $ 7,200.0 706.4.1.A.5 6-INCH VERTICAL CURB&GUTTER #0-12 -STA A1+60 TO STA A5+00 420 LF $40 $ 16,800.0 #0-13 1001.4.1.A.1 EROSION &SEDIMENT CONTROL 1 LS $ 8,400.0 $8,400.0 1103.4.1.A.1 CONSTRUCTION TRAFFIC #0-14 CONTROL 1 LS $ 52,586.0 $ 52,586.0 #0-15 2010.4.1.A.1 MOBILIZATION 1 LS $ 36,700.0 $36,700.0 #0-16 SP-1 ABANDON EXISTING WATER VALVE 9 EA $500 $4,500.0 #0-17 SP-2 CONNECT EXISTING HYDRANT 4 EA $4,800.0 $ 19,200.0 SP-306 IMPORTED TRENCH BACKFILL(8" #0-18 MINUS UNCRUSHED AGGREGATE) 200 TN $ 30 $6,000.0 WATERMAIN REPLACEMENT-HICKORY page 14 of 14 Project#10620.c Page 159 Item#5. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 12/7/2021 REQUESTING DEPARTMENT Public Works Project Name: Watermain Replacement Hickory-Pine to Fairview Project Manager: Dean Stacey Contract Amount: $803,286 Contractor/Consultant/Design Engineer: Murray Smith/Dennis Galinato-Contractor/Cougar Excavation Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑� GL Account 95000 FY Budget: 2022 Task Order ❑ Project Number: 10620.0 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No F Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) n/a n/a n/a n/a Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑� No (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 1/24/2022 7 day protest period ends: January 31,2022 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License C-16438 Expiration Date: 2/28/2022 Corporation Status Inactive Insurance Certificates Received(Date): 9/28/2021 Expiration Date: 9/22/2022 Rating: A- Payment and Performance Bonds Received(Date): 1/31/2022 Rating: A++ Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Kyle Radek 12/2/2021 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: February 1,2022 Approval Date 2-8-2022 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 160 Contract Request Checklist.5.24.2016.Final Item#5. Bid Form (BT-46NV) Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 161 Item#5. $ 123 acted, and Page 162 M o a o 0 0 0 0 0 0 0 o O O O G G O 0 0 0 O G G O G O LD 0 O C O 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 O O O LA O O O D O N LD O W O LA I� O N O > w l0 l0 O r. N 0 LD 0 01 a 00 1!1 n: LD N N Ol o ® 00 00 a OO en OO N Rr en LA 14 n n 14 o0 LA M � c-I � X Lri M ~ +n +n +n +n +n Vr +n +n +n +n +n +n v). +n +n +n V). 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I q Cf)' LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY SERVICES DISTRICT AND THE CITY OF MERIDIAN This License Agreement for Temporary Access and Construction ("License Agreement") is made and entered into by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho ("Licensor"), and the City of Meridian, a duly formed and existing Idaho Municipal Corporation ("Licensee"). RECITALS 1. Licensor is owner of certain real property located at 3195 N. Linder Road, Meridian, Idaho 83646. 2. Licensee desires to construct a multi-use pathway along Linder Road as part of Licensee's Five Mile Pathway Improvement at Ustick and Linder. 3. For purposes of constructing the pathway and restoration of Licensor's property upon completion of construction, Licensor desires to provide Licensee with temporary access to and use of that portion of 3195 N. Linder Road, Meridian, Idaho 83646 designated as "Temporary License" on Exhibit B attached hereto, subject to the terms and limitations set forth herein. 4. In conjunction with this License Agreement and for the purpose of constructing the path and the eventual use of the pathway by the public upon completion of construction, Licensor has granted a permanent easement to Licensee on that portion of 3195 N. Linder Road, Meridian, Idaho 83646 designated as "Permanent Easement" on Exhibits A and B attached hereto. NOW, THEREFORE, the parties to this License Agreement, in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree as follows: AGREEMENT 1. Grant of License. Licensor hereby grants to Licensee, its employees, contractors, subcontractors and agents responsible for the construction of the path and any and all work related thereto, the license, privilege and permission to temporarily access and use that portion of 3195 N. Linder Road, Meridian, Idaho 83646 designated as "Temporary License" on Exhibit B attached hereto, subject to the terms and limitations set forth herein. This license shall be for the limited purposes of accessing the construction site, delivery of construction materials, storage of construction materials and equipment, performing construction activities, and restoring Licensor's property upon completion of construction. 2. Term. This license shall commence on the date of the Licensor's execution of this license and, unless terminated earlier as provided in Section 3, the license shall terminate after Licensee has completed: (a) the construction that portion of the pathway located on that portion of 3195 N. Linder Road, Meridian, Idaho 83646 designated as "Permanent Easement" on Exhibit B attached hereto, and (b) restoration of Licensor's property. 3. Revocable Licenses and Termination. Notwithstanding any improvements made by the Licensee to Licensor's property or any sums expended by Licensee in furtherance of this License Agreement, the licenses granted herein are revocable and may be terminated by either party, with three (3) business days' written notice if the other party violates the provisions of the License Agreement or fails to properly fulfill its obligations hereunder. Licensor reserves the right to immediately terminate this License Agreement in the event of an emergency or when necessary, in the Licensor's sole discretion, to protect the health, welfare or safety of the public. 4. Continuing Liability. No termination or revocation of this License Agreement shall release the Licensee from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or revocation of this License Agreement and restoration of Licensor's property to its prior condition as required herein. 5. No Representations by Licensor. Licensee acknowledges that Licensor has made no representations with respect to the Licensor property or its condition, and that the Licensee is not relying on any representations of Licensor or Licensor's agents with respect to the use or condition of the property. This License Agreement grants the Licensee the license to access and use Licensor's property in its present conditions "as is" without any warranties. 6. Use of License Area and Right of Continuous Access. In its use and enjoyment of the area covered by the licenses provided herein, Licensee shall exercise its best efforts to avoid disruption of Licensor's use of the property to provide emergency medical services. Notwithstanding this license, Licensee expressly acknowledges and agrees that Licensor reserves a right of continuous access to its property through the ingress and egress driveway from the property on to N. Linder Road. Licensee shall ensure at all times that there is at least a width of sixteen (16) drivable feet on Licensor's ingress and egress driveway from the property on to N. Linder Road to ensure that emergency medical vehicles may enter and exit the property at any time without obstruction or delay. LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND THE CITY OF MERIDIAN - Page 2 of 8 7. Protection of Public. Licensee is solely responsible for erecting and maintaining barricades, canopies, guard, lights and warning signs to the extent required for protection of the public during construction of the path and restoration of Licensor's property. 8. Indemnification. To the extent allowed by law, including, without limitation, Article VIII, section 3, of the Idaho Constitution, Licensee hereby agrees to defend, indemnify and hold Licensor, its officers, agents, and employees harmless from and against any and all claims, losses, actions, damages, judgments, costs, expenses, including, without limitation, reasonable attorney fees and costs, for injuries to persons or property arising out of or in connection with the licenses and/or use of the licenses by Licensee and its officers, employees, contractors, subcontractors or agents. In the event that Licensor is alleged to be liable on account of any activities, acts, or omissions of Licensee, its officers, agents or employees, then Licensee shall defend such allegations through counsel chosen by Licensor and Licensee shall bear all costs, fees, and expenses of such defense, including but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. 9. Restoration of Property. Upon completion of the construction of that part of the pathway located on that portion of 3195 N. Linder Road, Meridian, Idaho 83646 designated as "Permanent Easement" on Exhibits A and B attached hereto, or at the termination of this License Agreement, Licensee shall, at its sole cost and expense, restore Licensor's property, including landscaping, lighting, and water system, to a condition as good or better than existed prior to Licensee accessing and using Licensor's property under the licenses granted in this License Agreement. In the event that Licensee fails to retore Licensor's property to its prior condition within 30 calendar days after completion of construction or termination of this License Agreement, or a different period of time subsequently agreed to by the Licensor and Licensee in writing, Licensor may proceed with such restoration work at the expense of Licensee. 10. Binding Effect. These terms of this License Agreement are binding on Licensor, its successors and assigns and Licensee, and its successor and assigns. 11. Severability. If any clause, provision, subparagraph, or paragraph set forth in this License Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present or future applicable laws, the remainder of this License Agreement shall not be affected thereby. 12. Choice of Law and Venue. The terms and provisions contained in this License Agreement shall be governed and construed in accordance with the laws of the State of Idaho. For the resolution of any dispute arising from this License Agreement, venue shall be in the courts of the County of Ada, State of Idaho. LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND THE CITY OF MERIDIAN - Page 3 of 8 13. No Third Party Beneficia Rights. Nothing contained herein shall create, or be interpreted to create, privity or any other contractual relationship between any persons or entities other than Licensor and Licensee. Nothing contained in this License Agreement shall create or give to third parties any claim or right of action against Licensor or Licensee. 14. No Waiver. A party's failure to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the tenns, covenants, conditions or agreements contained herein by the same or any other party hereto. 15. Attome 's Fees and Costs. In any suit, action or appeal therefrom to enforce, revoke or interpret this License Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorney's fees. 16. Exhibits. The Exhibits are incorporated into this License Agreement by this reference as if fully set forth herein. 17. Complete A reg_ ement. This License Agreement embodies the complete agreement between the Licensor and Licensee and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this License Agreement. This License Agreement cannot be modified, altered, amended, or terminated except by the written agreement of Licensor and Licensee. 18, Permit. If any proposed construction, reconstruction, relocation or maintenance conducted under this License Agreement requires Licensee to obtain a permit, Licensee shall first obtain such permit before commencing such work, pay the required fees, and otherwise comply with the conditions set forth therein. 19. No Costs to Licensor. Any and all costs and expenses associated with Licensee's construction, use, restoration, repair, or maintenance on the property shall be at the sole cost and expense of Licensee. 20. Compliance with Law; Waste and Nuisances Prohibited. In connection ; with Licensee's temporary, revocable license to use Licensoe's property, Licensee covenants and agrees to: (i) comply and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act, and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Licensoe's property of any Hazardous Materials (defined as any substance or material LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND THE CITY OF MERIDIAN - Page 4 of 8 defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state, or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by Licensor or any other unit of government; and (iii) commit no waste or allow any nuisance on Licensor's property. Licensee covenants and agrees to indemnify and hold Licensor harmless from and against any and all claims, demands, damages license, liabilities and expenses (including, without limitation, reasonably attorney fees) arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. 21. Authority. Licensor and Licensee each represent that such party has full power and authority to execute, deliver and perform this License Agreement; that the individuals executing this License Agreement on behalf of said party have been and are fully empowered and authorized by all requisite action to do so; and that this License Agreement constitutes a valid and legally binding obligation of said party. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the ILLIL day of-bc o r-k-h 2021. LICENSOR: Board of Ada County Emergency Medical Services District By: o Beck, hairman By: Ryan av' n, Commissioner By: - - e a Ken , Commissioner ATTEST: V 4� & Phil McGrane, Ada County Clerk by Katie Read, Assistant Deputy Clem LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND THE CITY OF MERIDIAN - Page 5 of 8 LICENSEE: City of Meridian Robert E. Simison, Mayor 2-8-2022 ATTEST: Chris Johnson, City Clerk 2-8-2022 LICENSE AGREEMENT FOR TEMPORARY ACCESS AND CONSTRUCTION BY AND BETWEEN THE ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND Page 172 THE CITY OF MERIDIAN - Page 6 of 8 Item#6. �0 ENGINEERS October 7, 2021 Project No.: 210249 EXHIBIT"A" N. Linder Pathway at Ustick Permanent Easement A 5 foot wide easement located in the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Northeast corner of said Sections 2, from which the East One- Quarter corner of said Section 2 bears S.00°01'02"E., 2699.10 feet; thence, along the east line of said Section 2, A. S.00001'02"E., 86.34 feet; thence, B. S.89058'58"W., 50.00 feet to the west right-of-way of N. Linder Road being the POINT OF BEGINNING; thence, along said west right-of-way the following three courses: 1) S.44°37'59"E., 7.12 feet; thence, 2) S.00°01'02"E., 389.29 feet; thence, 3) S.56°34'21"W., 5.99 feet; thence, leaving said west right-of-way, along a line parallel with and 50.00 feet west of the east line of said Section 2, 4) N.00-01'02"W., 397.65 feet to the POINT OF BEGINNING. The above-described strip of land CONTAINS 0.045 acres, more or less. NN,_ LA AID ,G E N SF� Q »�z3fz021 o 178?�5 y '° 92 9lF OF 0� l� ORE w M Q 2471 S.Titanium Place I Meridian, ID 836421 P: 208.323.2288 1 to-engineers.com Page 173 O "em#6. EXHIBIT "B" LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 2021 CID z 35 36 CD Lu 0 2 1 SEC. COR. o CP&F INST. NO. zo 109109699 W USTICK RD z — — POB �pL LAND U L3 �4v�i ��C E N SFa S�P/l L2 w L4 • - - — 0 1012711021Q. 178 p a OF 0�'w Q�k, z I ORE w M 0 U O w LINE TABLE LINE BEARING DISTANCE L1 S00'01'02"E 86.34' 0 o L2 S8958'58"W 50.00' Q � L3 S44'37'59"E 7.12' g �,�_ w MEN I Z L4 S44'37'59"E 14.24' o ai ILcwn 6i 0 J r t7 I Z W zo cq o N C a P O a° o CIO O m a Q O a ZIP In O a ¢ PERMANENT EASEMENT(PE),0.045 AC cli w 5a.ao' °i z TEMPORARY LICENSE(TL),0.093 AC N w 45.00' A Q N � 0 5.00' PE b 1n a a 10.00' TL Z w INa 7 w W N z p O 4' 30' 60' 120' T oL4 a �Q O 05 Z V)m Q1 T z QTR. COR a T-O ENGINEERS z CP&F INST.NO. 0 556'34'21"W 11.98' 108044955 2471 S. TITANIUM PLACE 556'34'21"W 5.99' 2 1 MERIDIAN, IDAHO 83642 o PHONE:(208)323-2288 WWW.TO-ENGINES O E FILE: 210493-V Eahihi!.dwg DATE:10;2Ti21 JOB:21D493 page 174 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : February 8 , 2022 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic I 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2309: A Resolution of the Mayor and the City Council of the City of Meridian Appointing John Dinger to Seat 4 and Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date Page 175 CITY OF MERIDIAN RESOLUTION NO. 22-2309 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING JOHN DINGER TO SEAT 4 AND PAM JAGOSH TO SEAT 5 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Section 2-1-1 establishes the Meridian Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, Seats 4 and 5 of the Meridian Historic Preservation Commission are currently vacant; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of John Dinger to Seat 4 and Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission as recommended by Mayor Simison and described herein; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, John Dinger be appointed to Seat 4 and Pam Jagosh be appointed to Seat 5 of the Meridian Historic Preservation Commission, which terms shall expire October 31, 2022. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho,this 8th day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION APPOINTING DINGER AND JAGOSH TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2310: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Brandon Simpson to Seat 4 and Mike Medellin to Seat 5 of the Meridian Parks and Recreation Commission; and Providing an Effective Date Page 177 CITY OF MERIDIAN RESOLUTION NO. 22-2310 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING BRANDON SIMPSON TO SEAT 4 AND MIKE MEDELLIN TO SEAT 5 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Seats 4 and 5 of the Meridian Parks and Recreation Commission are currently vacant; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the appointment of Brandon Simpson to Seat 4 and Mike Medellin to Seat 5 of the Meridian Parks and Recreation Commission as recommended by the Mayor and Council as described herein; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Brandon Simpson be appointed to Seat 4 and Mike Medellin be appointed to Seat 5 of the Meridian Parks and Recreation Commission,which terms shall run through October 31, 2023. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson City Clerk RESOLUTION APPOINTING SIMPSON AND MEDELLIN TO THE MERIDIAN PARKS AND RECREATION COMMISSION 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2311: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Mandi Stoddard to Seat 1 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Page 179 Item#9. CITY OF MERIDIAN RESOLUTION NO. 22-2311 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING MANDI STODDARD TO SEAT 1 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Seat 1 of the Meridian Planning and Zoning Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Mandi Stoddard to Seat 1 of the Planning & Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Mandi Stoddard is hereby appointed to Seat 1 of the Meridian Planning and Zoning Commission, with a term to expire January 31, 2025. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 81h day of February, 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk MERIDIAN PLANNING&ZONING COMMISSION -APPOINTMENT OF MANDI STODDARD Page 180 Item#10. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Resolution No. 22-2312: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Stephanie Hansen to Seat 4 and Melissa Carico to Seat 7 of the Meridian Impact Fee Advisory Committee; and Providing an Effective Date Page 181 CITY OF MERIDIAN RESOLUTION NO. 22-2312 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING STEPHANIE HANSEN TO SEAT 4 AND MELISSA CARICO TO SEAT 7 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, Seats 4 and 7 of the Meridian Impact Fee Advisory Committee is currently vacant; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Stephanie Hansen to Seat 4 and Melissa Carico to Seat 7 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Stephanie Hansen is hereby appointed to Seat 4 and Melissa Cariso is hereby appointed to Seat 7 of the Meridian Impact Fee Advisory Committee for three year terms to run through September 30, 2024; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR APPOINTMENTS OF HANSEN TO THE IMPACT FEE ADVISORY COMMITTEE Page 182 Item#11. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$1,528,160.00 to Add Western Ada Recreation District (WARD) Funds for the Meridian Pool and Lakeview Golf Course Page 183 Item#11. Mayor Robert E. Simison ERIDIAN. City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A H Luke Cavener Liz Strader February 1", 2022 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks & Recreation Director Garrett White, Recreation Manager, MPR Dept. RE: WARD Pool and Golf Course Funding Budget Amendment Background In the fall months of 2021,the West Ada Recreation District (WARD) began discussions with the City to allow the City to operate and maintain the Meridian Pool located in Storey Park. There are three agreements to be discussed prior to this request. Those agreements are; • Cooperative Agreement for Financial Contribution from WARD to maintain and operate the Meridian Pool and the small park on Tammy street along with funds for Lakeview Golf Course improvement projects. • License and Maintenance Agreement to operate and maintain the Meridian Pool and small park on Tammy Street • First Amendment to the License and Maintenance Agreement for the Lakeview Golf Course extending the termination date to September 30t", 2024 to match the Pool License and Maintenance Agreement termination date. We are requesting spending authority on $1,263,555 from West Ada Recreation District plus the projected revenues of$264,605 from the Meridian Pool to operate and maintain the Meridian Pool,to maintain the small park on Tammy Street, and construct Lakeview Golf Course improvements. It is recommended that we allocate $776,535 to operate and maintain the pool with $751,625 allocated to the golf course with the ability to work with Finance to shift funds accordingly. Proposal To approve the Pool and Golf Course Funding Budget Amendment totaling$1,528,160 by allocating $776,535 to operate and maintain the pool with $751,625 allocated to the golf course with the ability to work with Finance to shift funds as appropriate. Page 184 1/31/2022 4:39 PM City of Meridian FY2022 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): 1.0 Fund# Dept.# G/L# Proj.# G/L#Description Total f IDIAN%01 5400 41200 0 Wages $ 51,019 01 5400 1 41206 0 PT/Seasonal Wages 01 5400 1 41210 0 Overtime $ 5,000 Please only complete the fields 01 5400 1 41304 0 Uniform Allowance highlighted in Orange. 01 5400 42021 0 FICA $ 4,285 Amendment Details Ol 5400 42022 1 0 PERSI 1 $ 6,689 1 Title: Ward Golf Course and Pool Funding 01 5400 42023 1 0 Worker's Comp $ 1,893 tment Name: Parks and Recreation 01 5400 42025 1 0 Employee Insurance $ 13,600 Presenting Department Name: Parks and Recreation Total Personnel Costs $ 82,487 Department#: 5400 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5400 55104 0 Pool Expenses $ 694,048 $ 694,048 Project#: 01 5400 0 $ 01 5400 0 $ Is this for an Emergency? ❑ Yes CR No 01 5400 0 $ New Level of Service? Yes ElNo 01 5400 0 $ 01 5400 0 $ Clerks Office Stamp 01 5400 0 $ 01 5400 0 $ 01 5400 0 $ 01 5400 0 $ 01 5400 0 $ 01 5400 1 0 $ 01 5400 0 $ 2-8-2022 Date of Council Approval Total Operating Expenditures $ - $ 694,048 $ 694,048 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowle ennent Date 01 5300 93408 0 Golf Course Improvements $ 751,625 01 5400 0 r 01 5400 0 Departmen Director 01 5400 0 REVIEWED BP 01/31/2022 01 5400 0 By Todd Lavoie at 5:44 pm,Jan 31,2022 01 5400 0 1 Chief Financial Officer Total Capital Outlay $ 751,625 Revenue/Donations Approved Luke Cavener 2:48pm 02/01/2022 Fund# Dept.# G/L# Proj.# G/L#Description Total Coun 01 5300 33120 0 Reimbursement Revenue $ 751,625 ( � / 01 5400 33120 0 Reimbursement Revenue $ 511,930 2-1-22 01 5400 34770 0 Meridian Pool Revenue $ 264,605 Mayor Total Revenue/Donations $ 1,528,160 Total Amendment Request $ (0) CD CD 8 'J' Aeridian FY2022 Budget Amendment Form HAFY2022 Budget Amendment Form Ward Pool and Golf Course Funding Item#11. 0) c c 3 LL a) N 0 O U 0 U c m 0 0 c � � C m am m ° 3 C O d ru c E M1i E E N " c N C 1 00 '� OCi y� LL u b0 = C C o m N = _ aJ C 'c _ .m m .n 'n n C O K '6-0 a " C C a0+ O C v? 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O c ,°. v ' 3 3 L E v m L c m 3 0 D p c E y n n N c v m a yv ° ¢ c °' 3 v u u . ` V Y a = m c on c oa o v C m cc o Y a o c 6 - u c v p w o N m �' N al m 00 m C O C 3 on 3 v 'm m to c n D - a v u v m E E o, m y v 5 Vf m 9 v = N 'O v m o n ,v Y 2 E E E m E N n m O m u O. - C O •O b N } c d w - E m 3 Q. o o a a' u oo c ai u � c NO a ,O D LL m °c° ° Ln n v v '� n.Q m 3 cr m e v E o v O'm c s L v -r v E c co c° p LL co Cl o_ 3 C. v a ° u v 0 3 Cr a m a z 9 :° :EY u L E D u a o N Q v on C c u v c 3 m 3 m O m N @ n Y 0 a a) N C C m H .2 m O D O T m -O v H -O c m N N L L Y N aa-. al ii in al Y m (\ O t`o Y — N Q m n d0 I al O al O N C m C v .n `Y° ; mm v � Y c .- 3 -J`r � v v . v � _ a.. F a O 1°- W a 3 ¢ ^� 3 L6 } } m ao of Page 186 Item#12. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$89,818.00 for Transfer of Seasonal Groundskeeper Wages to Two Park Maintenance Full-Time Employees (FTE) Page 187 Item#12. June 15, 2021 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks & Recreation Director RE: Net-Zero Budget Amendment to Convert Seasonal Groundskeeper Funds to Two Park Maintenance Tech FTEs Background Staffing shortages continue to impact our park maintenance operations. We have been unsuccessful the past couple of years at attracting the needed seasonal labor to maintain our parks. The deficit in labor has fallen to existing park maintenance staff, who have been stepping up and working overtime,filling in, and taking on extra duties. This has worked as a short-term fix, but is not a long term one. If we don't find an ongoing solution to this problem,we risk burning out existing staff. It also impacts our customer service and results in deferred maintenance projects. We have run the numbers with Finance and will still be able to hire the seasonal staff we need for the more intense summer months if this transfer is approved. As our park system has grown, we find more and more duties that are year-round. Shifting funds—approximately 18%of our current Seasonal Labor budget to hire 2 full-time Maintenance Techs will give us the coverage we need. Proposal To approve a net-zero budget amendment to transfer a portion of our existing seasonal labor budget ($89,818)to fund two Park Maintenance Tech FTEs. Page 188 N a) U O m N c � C M T Y C n NI m Y .� z z N \ N m N a N C +� "' 0 ❑ ❑ O !� O N o W N N N N N N z yJ O N W r O i E 0 Y`a ❑ E N a1 m N N _0 i d Cl. R al R R n �' ro Q E c C n U u C > C ) H L00 Q io m d ,E O Y Q m a70 c a c v w --- 0 m ❑ W i N oN m J ❑ r0 •J N in `n E E i v o W a O LL v c y ❑ O v m c c - CC ro > N L.L m rn ,11 E E a C6 n_ r. U +' +� O m o r_ o o 00 E IS a c Oci C W ,E > ri Q a ! c ate,' m a Q c o ++ -�--� pc Q 0 V Q 0 ~ ^` cr O �} VT M O rr Oi O 00 W N O N n V W C N ^ m 0) C ~ F° N � a, O C: N � T w v m C H � `. U O 7 O y O C C C N + L O x a N W m a u C w c H- c E .� m O v ` O O O N F O n m a ° F - m w a o_ _ O `u `u o -r LL Q a v Q N o O m am+ Q Q F U m v o U Of o' (7 C7 <9 a 0 LL a w a R R R R O O O O O O O O O O O O O O O O O O O O O O O Op O O O O O O O O O O a Cl- a CL E d o` c i ai R o �o 0 v N m n R w E 0 0 - O N N N N J O E d �+ Q rn a� y 0 0 0 0 0 0 0 0 R o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 o 0 o y m IL uNi uNi uNi vN vN vN uN vN k vN vV vN I Ln Ln Ln uN 0 � � uV �� Ln � uN vN vN uN CO 0 � � Ln � } U W Ca LL p C O a N No O N ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti c\ 3 o o 0 0 0 0 0 o y o 0 0 0 0 0 0 0 0 0 0 0 0 'a o 0 0 0 0 0 3 0 0 o a�+ o U OLL ULL � w 0 i� 1/31/2022 4:54 PM City of Meridian FY2022 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks Funding 2022 2023 2024 2025 2026 Title: Parks Maintenance Seasonal Conversion to 2 FTE Personnel $ 89,818 $ 89,818 $ 89,818 $ 89,818 $ 89,818 i"`t'-nct;ons fn,-Submitting❑udgM Atli,ndments_ Operating $ (89,818) $ (89,818) $ (89,818) $ (89,818) $ (89,818) > Departmentwill send Amendment with Directors slgnatureto Finance(BudgetAnalyst)for review Capital $ - >Finance will send Amendment to council Liaison for signature Total $ $ - $ - $ - $ - $ >Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ >Mayor will send signed Amendment to Finance(Budge[Analyst) Evaluation Questions > Finance Anal Analyst) (Budget y )will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add copy of Amendment to Council Agenda using Novus Agenda Manager 1. Describe what is being requested? Parks Maintenance would like to convert a portion of Seasonal Wages into two full time positions 2. Why was this budget request not submitted during the current fiscal year budget cycle? We have been unable to fill needed seasonal positions. Additional help is necessary to maintain our level of service. 1 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Staffing is needed to begin in 2022. 4. Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Net-zero swap of seasonal wages into full time wage line items. S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes please describe the necessary resources to be provided by other departments The new positions will need to be onboarded by HR once hired. 7. Does this Amendment include any needed E ui ment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) . No 9.Any additional comments? FY2022 Budget for Seasonal Wages=$406,760.96 i I Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2022 Budget Amendment Form H:\FY2022 Budget Amendment Form_Parks_Parks Maintenance Staff Item#13. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Cooperative Agreement Between WARD and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities; License and Maintenance Agreement Between WARD and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision; and First Amendment to License and Management Agreement Between WARD and the City of Meridian for Maintenance and Operation of Lakeview Golf Course Page 191 Item#13. Mayor Robert E. Simison ERIDIAN. City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader February 1st, 2022 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks &Recreation Director Garrett White, Recreation Manager, MPR Dept. RE: Meridian Pool Cooperative Agreement, Meridian Pool License & Maintenance Agreement, and Lakeview Golf Course License &Maintenance Agreement Amendment. Background In the fall months of 2021,the West Ada Recreation District (WARD) began discussions with the City to allow the City to operate and maintain the Meridian Pool located in Storey Park along with the small park on Tammy Street. During discussions, it was determined that two separate agreements needed to be developed. One being a Cooperative Agreement for Financial Contribution from WARD to the City and the second being the License and Maintenance Agreement. In addition to the development of the two agreements, it was also determined that an amendment to the existing Lakeview Golf Course License and Maintenance Agreement needed to be made to align the termination dates with the new agreements with WARD. Here is a brief summary of each agreement; • Cooperative Agreement for Financial Contribution from WARD in the amount of$1,263,555.00 collected in two separate payments. In addition to the WARD contribution,the City will retain all revenues associated with the pool estimated to be$264,605. • License and Maintenance Agreement allowing the City to operate and maintain the Meridian Pool and small park on Tammy Street. • First Amendment to the License and Maintenance Agreement for the Lakeview Golf Course extending the termination date to September 30th, 2024 to align the Pool License and Maintenance Agreement termination date. Proposal To approve the Cooperative Agreement for Financial Contribution from WARD, the License and Maintenance Agreement for the Meridian Pool and small park on Tammy Street, and the First Amendment to the Lakeview Golf Course License and Maintenance Agreement. Page 192 FIRST AMENDMENT TO LICENSE AND MANAGEMENT AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF LAKEVIEW GOLF COURSE This FIRST AMENDMENT TO LICENSE AND MANAGEMENT AGREEMENT made and entered into this 8th day of February ,2022, by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation ("City") WHEREAS,on the 11'day of August 2020, District and City entered into the above-captioned License and Management Agreement("Agreement"); WHEREAS,the Term of the Agreement is set to end on September 30, 2023; WHEREAS,District and City desire to extend the end date of the Agreement Term. NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: 1. Section B modified. Section B of the August 11, 2020 Agreement shall read as follows: B TERM OF AGREEMENT The term of this Agreement commences on October 9, 2020 and ends on September 30, 2024 unless the parties mutually agree on an extension or early termination of this Agreement. City's agreement to continue its obligations under this Agreement shall be contingent on the City Council's appropriation of the funds necessary to operate and maintain the Facility. 2. All other provisions in effect. Except as expressly modified by this First Amendment or other duly executed amendments, all provisions of the August 11, 2020 Agreement shall remain in full force and effect. No other understanding,whether verbal or written, shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this First Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers,to be effective on the Effective Date established above. END OF TEXT—SIGNATURES TO FOLLOW ON NEXT PAGE FIRST AMENDMENT PAGE 1 OF 2 WESTERN ADA RECREATION DISTRICT: By: Shau ardle, Board President CITY OF MERIDIAN By: Robert E. Simison, Mayor 2-8-2022 Attest: Chris Johnson,City Clerk 2-8-2022 FIRST AMENDMENT PAGE 2 OF 2 Page 194 COOPERATIVE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR FINANCIAL CONTRIBUTION TO SUPPORT LICENSED RECREATIONAL ACTIVITIES THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 8th day of February , 2022 (the "Effective Date") by and between WESTERN ADA RECREATION DISTRICT, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. District is a Recreation District created to serve Western Ada County. District's mission is to provide and promote aquatics recreation in Western Ada County. District also operates a .57 acre public park in the Settlers Village Subdivision and is the Leaseholder of the Lakeview Golf Course in Meridian. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 31-4317(h)) provides that District may enter into cooperative agreements with the state, other authorities, counties,and cities underthe provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or District of said agencies. d. City and District have License and Maintenance agreement(s) in place whereby City, as Licensee, has agreed to maintain the Lakeview Golf Course,the Meridian Community Pool, and the .57 acre park in the Settlers Village Subdivision. e. District has budgeted for the 2022 Fiscal Year, expenditures for the Pool, Park, and Golf Course. f. District desires to contribute to City the 2022 Fiscal Year budget amounts below for the Pool, Park, and Golf Course to support services, capital and overhead expenses as set forth in the License and Maintenance agreements between District and City. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Page 1 of 3 Item#13. Section 1. Term This Agreement shall be in effect commencing on the Effective Date and will terminate on the 30th day of September 2022, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For District to pay to City $260,460.00 and $1,053,395.00, less amounts already expended by the district in FY22 of $50,300.00 (total amount = $1,263,555.00). City shall collect and retain revenues received from pool and park operations estimated by the district to be $264,605 in revenue Section 3. Payment and Future Renewals (a) District shall pay the amount set forth in Section 2(a) in two equal payments. The first payment shall be made in February of 2022. The second payment shall be made in August 2022. The parties acknowledge that any Pool and Park related expenditures incurred by District after January 27, 2022 shall be deducted from the District's payment to City due in August 2022. Payments shall be pro-rated in the event of Termination of the License and Maintenance Agreement(s) identified in the Recitals. (b) District shall, prior to making payment to City, process a budget amendment eliminating the expenditure sub-categories so that City may make unrestricted expenditures and respond to the greatest needs in the maintenance and operation of the pool, park, and golf course. (c) Payment shall be made directly to City at: City of Meridian 33 E. Broadway Meridian, Idaho 83642 (d) To facilitate renewal of this Agreement in successive fiscal years, District agrees to maintain its mill levy rates as set forth in the parties' License and Management of even date herewith so as to provide funding to continue the licensed operations in the event that this Agreement is renewed in the future. Section 4. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between District and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. Page 2 of 3 Page 196 Item#13. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. (f) Neither party shall have the right to transfer or assign all or any portion of such party's interest in this Agreement or any privilege or right hereunder,either voluntarily or involuntarily, without the prior written consent of the other party. (g) This Agreement shall be binding on the parties hereto, and their successors and assigns. EXECUTED and effective as of the date first above written. Western Ada Recreation District: City of Meridian: ShaLOTWardle Robert E. Simison 2-8-2022 Board President Mayor Attest: Chris Johnson, City Clerk 2-8-2022 Page 3 of 3 Page 197 LICENSE AND MAINTENANCE AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND THE CITY OF MERIDIAN FOR MAINTENANCE AND OPERATION OF MERIDIAN COMMUNITY POOL AND PARK AT SETTLERS VILLAGE SUBDIVISION THIS AGREEMENT (the"Agreement") made and entered into this 8th day of February , 2022 ("Effective Date"), by and between the Western Ada Recreation District, a Recreation District created and organized under Title 31, Chapter 43 of the Idaho Code ("District"), and the City of Meridian, an Idaho municipal corporation("City"). WHEREAS,the respective governing bodies of City and District are mutually interested in supporting efficient public park operations; WHEREAS,District owns a public swimming pool located adjacent to Storey Park(the "Pool"), and a.57 acre public park located 1031 E. Tammy Street in the Settlers Village Subdivision (the "Park"); WHEREAS,City has proven experience at successfully and efficiently operating, maintaining, and programming park facilities across the City; WHEREAS, District is willing, upon certain terms and conditions,to license the Pool and the Park to City for the purposes stated herein for a period of time defined within this Agreement. NOW,THEREFORE,the parties hereto agree as follows: 1. GRANT OF LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, District hereby gives and grants to City the non-exclusive right, privilege and license to maintain and operate the Pool and the Park. 2. TERM OF AGREEMENT The term of this Agreement shall commence on the Effective Date and ends on September 30, 2024 unless the parties mutually agree on an extension or early termination of this Agreement. City's agreement to continue its obligations under this Agreement shall be contingent on the City Council and District's appropriation of the funds necessary to operate and maintain the Facility and the execution of a Cooperative Agreement for 1 Financial Contribution between City and District during each fiscal year that this Agreement is in existence. 3. USE OF LICENSED PREMISES City shall be licensed to operate and maintain the Pool and Park in a manner consistent with current operations. The existing signs declaring the Pool and Park to be in the ownership of District shall remain, but City shall be required to prepare and post at its expense weatherproof appliques or freestanding signs declaring the City as the contact for public inquiries and providing the appropriate City telephone contact information. 4. MAINTENANCE AND OPERATION OF THE POOL AND PARK A. City's maintenance of the Pool and Park during the term of this Agreement shall include all necessary activities to maintain current Pool and Park operations in their current condition, with capital improvements as necessary. B. During the term of this Agreement, City intends to maintain an adequate and proper staff to support its maintenance and operations obligations under this Agreement. City may hire staff directly as City employees, or City may manage staff employed by an independent staffing agency, or some combination thereof. C. City shall, at his expense, keep and maintain the Pool and Park and all buildings, structures, improvements,fixtures,trade fixtures,office equipment,and utility systems which may now or hereinafter exist thereon, in good, operable, usable and sanitary order and repair and in a good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement. City's obligation to maintain equipment shall apply whether the equipment is owned by City or District. At such time that equipment owned by District has reached the end of its useful life, City shall cooperate with District to declare such items as surplus equipment or otherwise lawfully dispose of such depleted equipment. City, at its sole expense, shall be responsible for replacing any depleted equipment and City shall be responsible for procuring any additional equipment that City deems necessary to meet its maintenance and operations requirements under this Agreement. D. City shall collect and retain revenues received from pool and park operations during the term of this Agreement. E. At the commencement of the term of this Agreement,the City shall provide for the transfer of all applicable utility and telephone accounts to City accounts, and thereafter shall provide and pay for any necessary utilities,telephone service, and irrigation assessments related to the Pool and Park. F. City's operation of the Pool shall continue the Pool's legacy of providing 12 weeks of reasonably-priced swim lessons and swimming opportunities each summer, including the hosting of swim teams and the reservation of the facility for private parties and events. G. District shall compensate City for Park and Pool operation and Maintenance in a separate Cooperative Agreement 2 5. AGREEMENT OF DISTRICT TO REDUCE LEVY A. In its fiscal year 2023, District agrees to reduce its operating budget and mill levy by one third (33.3%) from the budget and mill levy rate set for the previous year. B. In its fiscal year 2024, District agrees to reduce its operating budget and mill levy by one-half(1/2) from the budget and mill levy rate set for the previous year. C. In fiscal year 2025, District agrees to reduce its budget and mill levy to near zero, reflecting a minimal budget to maintain its administrative operations as desired. 6. EXCLUSIONS FROM CITY'S MAINTENANCE OBLIGATIONS A. CONCEALED OR UNKNOWN CONDITIONS: If within sixty(60) days of the City's opening of the Pool for operation, City encounters conditions at the Pool or Park that are subsurface or otherwise concealed physical conditions that differ materially from those conditions that were evident upon City's initial inspections of the Pool and Park, City shall provide prompt notice to District. City and District shall jointly investigate the condition and shall attempt to fairly apportion responsibility for curing the defective condition. In the event that the parties cannot agree on responsibility for the defective condition, either party may terminate this Agreement without further notice or demand. B. REPAIR OR RESTORATION OF PREMISES: City shall not be responsible for restoration or repair of the licensed premises necessitated by damage due to fire, acts of vandalism, or acts of God. 7. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold District harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and/or occupancy of the Park by City, its agents, employees, guests, or business invitees. If any claim, suit or action is filed against District for any loss or claim described in this paragraph,to the extent allowed by law City shall defend District and assume all costs, including attorney's fees, associated with the defense or resolution thereof,however District shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City and District shall each maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless District. In the event the insurance minimums of the Idaho Tort Claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 3 District shall also continue to carry property insurance on its owned facilities, insuring against the perils of fire, physical loss or damage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, etc. 8. TERMINATION A. TERMINATION UPON DEFAULT: If either party is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within thirty (30)days of written notice thereof,this Agreement, and all rights conferred by this Agreement, at the non-breaching party's option, may be deemed terminated and forfeited without further notice or demand. B. TERMINATION UPON MUTUAL AGREEMENT: The parties may mutually agree to terminate this agreement at any time. 9. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer its interest in this Agreement, the Park or Pool,or any portion thereof, or cause or suffer any alterations thereto,other than as specified in this Agreement,without the express written consent of District,which consent the District is free to withhold in District's sole discretion. 10. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To District: Western Ada Recreation District By Mail at: P.O. Box 566 Meridian,ID 83680 By Delivery at: 213 E. Franklin Meridian,ID 83642 To City: City of Meridian Attn: City Clerk 33 E. Broadway Avenue Meridian ID 83642 B. Notice shall be either delivered or sent by certified mail,postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified,or their agent or legal representative. 11. APPROVAL BY GOVERNING BOARDS REQUIRED 4 This Agreement shall not be effective for any purpose whatsoever until it is approved by the parties' respective governing boards. IN WITNESS WHEREOF,the parties hereto have subscribed their names the day and year first above written. WESTERN ADA RECREATION DISTRICT: By: Shaun ardle, Board President CITY OF MERIDIAN By: Robert E. Simison, Mayor 2-8-2022 Attest: Chris Johnson, City Clerk 2-8-2022 5 Page 202 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Planning & Zoning Commission Meeting February 8, 2022 Items #14: Meridian U AERIALZONINGFLUM Development Agreement ModificationHaul Moving and Storage- Items #14: Meridian USite PlanHaul Moving and Storage- Items #14: Meridian UElevationsHaul Moving and Storage- Items #14: Meridian UElevationsHaul Moving and Storage- Items #15 & 16: Rackham East AERIALZONINGFLUM Conditional Use Permit, City Council Review–Eagle View Apartments – Annexation Boundary 40 for residential portion)-to RG -(zoning to be changed from C Preliminary PlatLandscape Plan Conceptual Development Plan for Overall Site Site/Landscape Plan Phasing PlanConditional Use Permit (Updated)– Open Space Exhibit Site Amenities Pedestrian Circulation Plan Conceptual Building Family -Multi–Elevations Fitness buildingFamily Development -MultiLeasing building Office Buildings Conceptual Building Elevations Changes to Agenda: None Item #14: Meridian U-Haul Moving and Storage (H-2021-0101) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 6.86 acres of land, zoned C-G, located at the northwest corner of E. Overland Rd and S. Locust Grove Rd. History: This is a proposal for a development agreement modification to allow self-storage, rental and outdoor display of vehicles and equipment, and ancillary retail to allow a U-Haul business. A conditional use is being processed concurrently with this request through the Planning Commission. The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the Overland Storage Annexation. The development agreement allows only the construction, development and use of a self-service storage facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use permit. A Conditional Use Permit was approved for this use in October of 1999 and a final plat was recorded in 2002. The approved self-storage facility was never developed. Staff and the applicant have had numerous discussions regarding the location of a new facility, and due to the location, surrounding uses, and C-G zoning this particular location was selected. However, in addition to self-storage, as is typical for a U-Haul facility, the applicant intends to display U-Haul trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone district. As the existing development agreement is very specific to allowed uses, the applicant is also pursuing a request through the City Council for a development agreement modification to allow the outdoor display and ancillary retail. The C-G zoning district allows vehicle sales, rental and service as a principally permitted use, equipment rental, sales and service, and self-storage facilities by conditional use, and warehousing and outdoor storage as an accessory use. Staff believes the simplest method to achieve the applicant’s intent is to terminate the existing development agreement and enter into a new development agreement that requires compliance with the submitted site plan, landscape plan and building elevations. . Written Testimony : None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0101, as presented in the staff report for the hearing date of February 8, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0101, as presented during the hearing on February 8, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0101 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #15 & 16: Rackham East/Eagle View Apartments (H-2021-0075, CR-2022-0001) Application(s): Annexation, Preliminary Plat, CUP & City Council Review Location: This site is located on the south side of I-84, ¼ mile east of S. Eagle Rd., north of E. Overland Rd. History: A small portion of the southwest portion of this site was previously annexed with the adjacent development to the west (Rackham Subdivision) & zoned C-G. Comprehensive Plan FLUM Designation: MU-R Summary of Request: Annexation of 25.76 acres of land with a C-G zoning district; Preliminary Plat (PP) consisting of 2 MFR building lots & 6 commercial building lots on 29.7 acres of land; and CUP for a MFR development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. A request for City Council review of the Director’s decision in regard to the private usable open space associated with the MFR development is also requested. Although the zoning associated with the annexation request is C-G, Staff is recommending an R-40 zoning district instead which more accurately reflects the MFR land use proposed. Both the C-G & R-40 districts require CUP approval of a MFR development. The Applicant is in agreement with this change and a revised legal description & exhibit map is being submitted reflecting the change. There is a 14’ wide sliver of land that exists to the north of the eastern portion the site adjacent to I-84 that is not included in the proposed subdivision but that the applicant is in the process of purchasing to include in the development. Staff has determined it to be an original parcel of record, which deems this property eligible for development without that parcel. The Commission recommended a condition requiring an ingress/egress easement be provided to that property if it’s not obtained by the subject developer for access and maintenance (condition #2a). Access currently exists to the site via S. Rolling Hill Dr., an existing local street that serves the rural residential properties to the south; and via 2 driveway accesses from the west which provide access to Silverstone Way, a collector street, & the signalized intersection at Overland Rd. Rolling Hill Dr. is not improved to urban standards (it’s narrow, lacks street lights & doesn’t have curb, gutter and sidewalk). For this reason, the Applicant proposes access to the site from Silverstone Way with emergency only access from Rolling Hill Dr. – Staff and ACHD supports this proposal. The Ridenbaugh Canal exists along the east boundary of the site. The Applicant is requesting a Council waiver to allow the canal to remain open & not be piped; a 6’ tall open vision wrought iron fence is proposed along the canal to preserve public safety. No connectivity to this property exists from the SFR development to the east. The MFR development contains a mix of studio, 1- and 2-bedroom units on 16 acres of land. The gross density of the development is 24.8 units/acre, which is consistent with that desired in the MU-R designation. Common open space & site amenities are proposed in excess of the minimum standards. The Applicant has requested alternative compliance to the private usable open space standard which requires a minimum of 80 s.f. per unit to be provided through porches, patios, decks and/or enclosed yards. The alternative proposed is zero (0) for studio units (0% of the standard), 54-60 square feet (s.f.) for 1-bedroom units (67.5%-75% of the standard) and 58-85 s.f. for 2-bedroom units (68%-106% of the standard) based on what they feel are extraordinary site amenities coupled with innovative, new urban design with an emphasis on integrated, internal open space & facilities. The Director is of the opinion the requested reduction is too much for this site and that an adequate amount of private open space should still be provided in addition to common open space. As an alternative, the Director approved a 20% reduction (i.e. 64 square feet) for the reasons offered by the Applicant as justification for the reduction. The Applicant has requested City Council review of the Director’s decision and requests Council approval of reduction requested. Off-street parking does not meet the minimum UDC standards – a minimum of 660 standard parking spaces are required, including 348 covered spaces & 14 spaces for the clubhouse; 651 spaces are proposed with 398 of those being covered in garages/carports, which is 9 spaces below the minimum required amount. Additional off-street parking is required to meet the minimum standards; parking standard alternatives may be an option as noted in UDC 11-3C-7. An updated site plan was submitted that shows 20 on-street spaces along the north boundary of the MFR development which may serve as guest parking but do not qualify toward the off-street parking requirement. Conceptual building elevations are proposed for the (2) 5-story office buildings, (4) 4-story MFR buildings and the fitness and leasing buildings for the MFR development. Final design is required to comply with the design standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jon Wardle, Brighton Corp. (Applicant’s Representative); Geoffrey Wardle ii. In opposition: None iii. Commenting: Alicia Eastman, Mike Blowers, Amy Wattles, Chris Majorca, Lynette Adsitt, Matt Adsitt, Chris Maiocca, Pam Haynes iv. Written testimony: Pam Haynes v. Key Issue(s): Concern pertaining to high volume of traffic this project will generate on S. Rolling Hill Dr. (commercial traffic through a residential neighborhood) – request for bollards to be installed at the terminus of Rolling Hill Dr. at the southern boundary of this site that would block off traffic but that would provide emergency access to the site; Concern pertaining to construction traffic using S. Rolling Hill Dr. to access the site; Against proposed development due to loss of current lifestyle (livestock and effects to them from noise and traffic); The Applicant committed to limiting construction traffic via S. Rolling Hill Dr. and making Silverstone Way the primary access; Concern pertaining to location of wells along Rolling Hill Dr. and impact on such if improvements to Rolling Hill Dr. are required. Key Issue(s) of Discussion by Commission: Concern pertaining to generation of traffic from this development on S. Rolling Hill Dr. and lack of urban improvements on Rolling Hill Dr.; possibility of restricting public access for the site via S. Rolling Hill Dr. for the development; Desire for the sliver of land along the northern boundary of the site (Parcel #S1116427890) to be included in the annexation and preliminary plat boundary so as not to create an enclave surrounded by City annexed land and an access easement to be provided to that property for maintenance purposes; Need for additional off-street parking to be provided on the site in accord with UDC standards and possibility of a shared parking agreement with the adjacent property to the north as an alternative to on-site parking; Commission Change(s) to Staff Recommendation: Include a condition for construction traffic for the proposed development to access the site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as committed to by the Applicant (see #VIII.A.1h); Requirement for the Applicant to submit a copy of the purchase agreement for the out-parcel at the north boundary in lieu of granting an access easement to that property (see #VIII.A.2a). Outstanding Issue(s) for City Council: The Applicant is requesting a Council waiver to allow the Ridenbaugh canal to remain open & not be piped; a 6’ tall open vision wrought iron fence is proposed along the canal to preserve public safety. The Commission requested the study of the Overland/Silverstone intersection with respect to sole access to the site from Silverstone be completed and reviewed by ACHD prior to the City Council hearing. This was completed and reviewed by ACHD with the following findings: The analysis and original study show that the intersection will operate exceeding level of service thresholds with & without the additional traffic from this development. ACHD is supportive of restricting Rolling Hill Dr. to emergency access only with this development since this intersection mainly serves the Rackham/ICCU development, this development is part of the overall Rackham development area and the applicant understands the impacts of this additional traffic. Currently, there is not enough existing ROW at Silverstone Way/Overland Road intersection for additional improvements. The Applicant requests a new DA is required with the proposed annexation rather than an amendment to the existing DA as recommended initially – Staff is amenable to this request. The Applicant’s request for City Council review of the Director’s decision on the request for alternative compliance to the private usable open space standards listed in UDC 11-4-3-27B.3. Written Testimony since Commission Hearing: Chris Maiocca & Michael Blowers – Request for Rolling Hill Dr. to be used as an emergency access only and restrict construction access to Silverstone Way. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Numbers H-2021-0075 & CR-2022-0001, as presented in the staff report for the hearing date of February 8, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers H-2021-0075 & CR-2022-0001, as presented during the hearing on February 8, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2021-0075 & CR-2022-0001 to the hearing date of February 8, 2022 for the following reason(s): (You should state specific reason(s) for continuance.) Item#14. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Public Hearing for Meridian U-Haul Moving and Storage (H-2021-0101) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. A. Request: Development Agreement Modification to allow self-storage, ancillary retail, and warehousing and vehicle and equipment with outdoor display. Page 203 Item#14. C� fIEN DLAN HO PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: February 8, 2022 Topic: Public Hearing for Meridian U-Haul Moving and Storage (H-2021-0101) by Gurnoor Kaur of Amerco Real Estate Company, Located on Parcel R8257510015 and at 1230 and 1270 E. Overland Rd., Near the Northwest Corner of E. Overland Rd. and S. Locust Grove Rd. A. Request: Development Agreement Modification to allow self-storage, ancillary retail, and warehousing and vehicle and equipment with outdoor display. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Page 204 PUBLIC HEARING SIGN IN SHEET DATE : February 8 , 2022 ITEM # ON AGENDA : 14 PROJECT NAME : Meridian U - Haul Moving and Storage ( W2021 - 0101 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 i Item#14. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT a A H O HEARING 2/8/2022 Legend DATE: � w4��,Lxflfian Y TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner SUBJECT: H-2021-0101 Meridian U-Haul Moving and Storage #'` ° LOCATION: 1230 and 1270 E. Overland Rd. and EM Parcel#R8257510015, at the northwest corner of E. Overland Rd and S. Locust Grove Rd. I. PROJECT DESCRIPTION Request for a Development Agreement Modification to enter into a new development agreement to allow self-storage,vehicle and equipment rental of vehicles and equipment with outdoor display, and ancillary retail on 6.86 acres in the C-G zoning district,by Gurnoor Kaur,Amerco Real Estate Company. A conditional use permit is being processed concurrently with this request. II. APPLICANT INFORMATION A. Applicant/Representative: Gurnoor Kaur,Amerco Real Estate—2727 N. Central Ave, Ste 500, Phoenix,AZ, 85004 B. Owner: Adler AB Owner 1,LLC—8665 W. Emerald St. Ste 200, Boise, ID, 83704 111. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in newspaper 1/18/2022 Notification mailed to property owners within 300' 1/14/2022 Applicant posted public hearing notice sign on site 1/28/2022 Nextdoor posting 1/14/2022 Page 1 Page 205 Item#14. IV. BACKGROUND This is a proposal for a development agreement modification to allow self-storage,rental and outdoor display of vehicles and equipment, and ancillary retail to allow a U-Haul business.A conditional use is being processed concurrently with this request through the Planning Commission. The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the Overland Storage Annexation(AZ-99-018,DA Instr. # 100029704, Preliminary Plat PP-99-015). The development agreement allows only the construction,development and use of a self-service storage facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use permit. A Conditional Use Permit(CUP-99-033)was approved for this use in October of 1999 and a final plat was recorded in 2002 (Pack it Up Subdivision,FP-00-005). There was also a parcel boundary adjustment approved in 2021 to allow consolidation of properties(PBA 2020-0006). The approved self-storage facility was never developed. Staff and the applicant have had numerous discussions regarding the location of a new facility, and due to the location, surrounding uses, and C-G zoning this particular location was selected. However, in addition to self-storage,as is typical for a U-Haul facility,the applicant intends to display U-Haul trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone district.As the existing development agreement is very specific to allowed uses,the applicant is also pursuing a request through the City Council for a development agreement modification to allow the outdoor display and ancillary retail. V. ANALYSIS Existing Development Agreement Section 4.1 (Uses Permitted by This Agreement)of the Overland Storage Development Agreement reads as follows: "The construction, development,use,and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes." Section 6.1.1 (Conditions Governing Development of the Subject Property)lists the same allowance, with the clarification that"ministorage buildings of various sizes not to exceed 80,430 sq. ft. in total" are allowed. The applicant proposes to modify Section 4.1 as such: "The uses allowed pursuant to this Agreement are those uses allowed under City's Zoning Ordinance codified at Section 11-2B-2 and Complied Ordinances of the City of Meridian and further limited to: The construction,development,use, and maintenance of a ministorage facility consisting of at least eight buildings of various sizes; a caretaker unit, an interior climatized self-service storage facility with a related retail sales showroom, outside self-storage facility,a warehouse and,vehicle (truck and trailer) rentals with outdoor display; which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-dedication prior to submitting for building permits, signage restrictions, and bike lanes." Page 2 Page 206 Item#14. Staff Response: Staff notes the C-G zoning district allows vehicle sales,rental and service as a principally permitted use, equipment rental, sales and service, and self-storage facilities by conditional use, and warehousing and outdoor storage as an accessory use. Staff believes the simplest method to achieve the applicant's intent is to terminate the existing development agreement and enter into a new development agreement that requires compliance with the submitted site plan,landscape plan and building elevations. VI. DECISION A. Staff: Staff recommends the City Council approve termination of the Overland Storage Development Agreement(Instr. # 100029704) and establishment of a new development agreement to include the following provisions: 1. Future development of the site shall comply with the site plan, landscape plan and conceptual building elevations for the self-storage and rental facility included in Section V11. and the provisions contained herein. 2. Uses on the property shall conform with the uses codified in UDC Table 11-2B-2 and the specific use standards set forth in UDC 11-4. Page 3 Page 207 Item#14. VII. EXHIBITS A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021) FARCE L I- LOT 11N B LOCK 1 OF PACK IT UP SUBDIVISION,ACCORD ING TO THE PLAT THEREOF,FILED IN DOD K 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO. FARCE L 11: A PARCEL OF LAND BEING ALL OF LOT 3,AND A PORTION OF LOT 2 IN BLOCK i OF PACK IT UP SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF SECTION 19,TOW NSHIP 3 NORTH,RANGE 1 EAST,6015E MERIDIAN,ADA COUNTY,IDAHO,AND ALSO SHOWN AS PARCEL'13'ON RECORD OF SURVEY NO.6226,AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: COMMENCING AT THE SOUTHEAST CC RNER OF SAID SECTION 16,FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION BEARS SOUTH 89"44'19"WEST,2649.0a FEET,THENCE SOUTH 89°44'16"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CENTERLINE OF WEST OVERLAND ROAD FOR A ❑15TAJYCE OF 1097.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH O0'28'51"EAST FDR A DISTANCE OF 4B_00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W EST OVER LAND ROAD AND THE SOUTHWEST CO RNER OF LOT 3 BLOCK 1 OF PACK IT UP SUBDIVISION,BEING THE REAL POINT OF BEGINNING;THENCE NORTH OW28'51'EAST ALONG THE WEST BOUNDARY OF SAID LOT 3 EXTENDED FOR A DISTANCE CF 185.40 FEET;THENCE SOUTH 89°31'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NORTHEAST CORNER OF SAID LOT 3;THENCE SOUTH O0°26'51"WEST ALONG THE EAST BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 162.67 FEET;THENCE SOUTH 89°44'16"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195.57 FEET TO THE REAL PC INT CF BEGINNING- PARCEL III: A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION,A RECORDED SUBDIVISION ON FILE IN BOOK 113 OF PLATS AT PAGES 16506 THROUGH 16510,RECORDS OF ADA COUNTY,IDAHO,AND A PORTION OF LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION, A RECORDED SUBDIVL5ION ON FILE IN BOOK 84 O F PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN THE SOUTHEAST 1/4 0 F 5 ECTION 19,TO W NSH I P 3 NO RTH,RANG E I EAST-,BOISE M ER IDIAN,CITY C F M ER IDIAN,ADA COUNTY,I DAHO, AND AS SHOWN ON R ECORD O F 5 URV EY INSTRUM ENT HUM BE R 2020-172777,AND MOR E PARTICULAR LY DESCRI BED AS FOLLOWS: BEGIN NING AT TH E MOST SOUTHERLY CORN ER OF SAI D LOT 1,BLOCK 1,OF S W IN DELL SU BDIV 610N; THENCE ALONG THE W ESTERLY BOUNDARY OF 5411)LOT i NORTH 29°04'D2'W EST 193.41 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION; THENCE LEAVING SAID WESTERLY 60 UNDARY AN D ALONG SAID SOUTHERLY BOU NDARY AND THE WESTERLY EATEN510N THEIR EOF NORTH 69'32'27'WEST 353.06 FEET; THENCE SOUTH 0'27'33"W EST 165.40 FEET TO THE NORTHERLY RIGHT-0E-WAY OF OVERLAND ROAD; THENCE ALONG SAI D NORTHERLY R IG HT-0 F-WAY SOUTH 89°43'0O"WEST 3D_0O F EET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY AND ALONG SAID SOUTHERLY BOUNDARY OF LOT 2 NORTH 0°27'33'EAST 165.79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BCUN DARY NORTH 89"32'27"WEST 2139.44 FEET TO THE WESTERLY BOUNDARY OF SAID LOT 2; THENCE LEAVING SAID SOUTHERLY BOON DARY A NO ALONG SAI D W ESTERLY BOU NDARY NO RTH 0"27'33"EAST 483.50 FEET TO TH E NORTHERLY BOUNDARY OF SAID LOT 2; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG SAID NORTHERLY BOUNDARY NO RTH 51'25'14'EAST 21.63 FEET; THENCE CD NTIN U ING ALONG SAID NORTHERLY BOUNDARY SOUTH 66"23'15"EAST 410.39 FEET TO THE NO RTH ER LY BOUNDARY OF SAID LOT 1,BLOCK 1,OF SWIN DELL SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY OF LOT 2 AND ALONG SAID NORTHER LY BOUNDARY OF LOT 1 SOUTH 64'24'5 S"EAST 52.5 3 FEET TO TH E W ESTERLY R IG HT-0 F-WAY OF LAB RADOR WAY; THENCE ALONG SAI D W E5TEP LY RIGHT-OF-WAY THE FC LLO W IN G 6 COU RSES: ALONG THE ARC OF A CIRCULAR CURVE TO TH E LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62-00 FEET;A CENTRAL ANGLE OF 69'53'57',AND A CHOP D BEARING SOUTH 29°2O'13"EAST 71.03 FEET-; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT 18.01 FEET,SAID CURVE HAYING A RADIUS OF 20.00 FEET;A CENTRAL ANG LE 0 F 51-35'110',AND A CHO RD B E AR ING SOUTH 38'29'37"EAST 17 AG FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT 28.49 FEET,SAID CURVE HAVING A RADIUS OF 102.00 FEET;A CENTRAL ANGLE CF 16°00'03",AND A CHORD BEARING SOUTH 20'42'03"EAST 29.39 FEET; THENCE SOUTH 28'42'04"EAST 355.66 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT 7420 FEET,SAID CURVE HAVING A RADIUS OF 173_DO FEET A CENTRAL ANC LE OF 24'34'21",AND A CHORD BEARING SOUTH 16'24'5'V EAST 73.63 FEET; THENCE SOUTH 34'07'17"WEST 25.92 FEET TO THE POINT OF BEGINNING. Page 4 Page 208 Item#14. es 1N. •re19' ltov • vs�' R lo'4'lus'E u H ao'..-w so.is A 17SC0' 74.20' 2+1V21' 73E3' 15')4'S'E LA S&9"13'0�W 30.00' �� CS eLQ 07 85.20' ]B'2'i C9 96.'E' s AA"29'�2 E LS N S115W E 2t,g3' i i H L'I ll CB MAU MAD' SP�YES" 12.W w-1'�9"E L6 u 111-11"E _ E = EL E tiE +! _ _.. 1 Q 23¢� t ¶M .i TIE 37 ' 11' r'' I z PARCEL III 1250 DVERLAND ROAD 5.32t ACRES o V r a I Nn nAnLOINc.=nnseNVEo I'_ 7 I I Er N S9'37"27�W 3 om' � �• ' N 89'32"27" �V 269.4Q' I� PARCEL I 1230 OVERLAND ROAD PARCEL 11 �� +III O-80± ACRES I!I[ 1274 OVERLAND ROAD 0.74t ACRES I3 =E H_.;Lg 6� ♦f• '� I'�I'7 E Is �4 F1. 5 89�a3'90"W 209.48' _•Eu ��S a9'43 0o w 195.5Y ut '• EL III A 1 E OWRLANO ROAD an n 9A S'3 0'BEARINGS Page 5 Page 209 Item#14. B. Existing Development Agreement Language USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under"City"'s Zoning Ordinance codified at Section 11-2-408 B 11 Revised and Complied Ordinances of the City of Meridian and further limited to: The construction,development, use,and maintenance of a ministorage faciifty consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscapelcommon area requirements, right-of-way dedication prior to submitling for building permits,signage restrictions,and bike lanes. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer"shall develop the"Property"in accordance with the following special conditions: 6.1.1 The construction,development,use,and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed.80,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscapelcommon area requirements,right-of-way dedication prior to submitting for building permits,signage restrictions,and bike lanes. Page 6 Page 210 Item#14. C. Site Plan/Landscape Plan(date: 8/12/2021) _ - - I T H L I- .LL _,E. EL „E 5,. }� r T E JE i I r i I�•YJi ii ill ___ + __ �. r F 0 ± L- IE 0 II �.. I I IF I 11rLL4] + 1y1�[ I 11 ❑� !I I. Ik {yry C... FF 111 I ,� o fi i ^ti i Jr I_ j - IL I E E [ I � � rrrr I E� Ij ::. F 4. i Tr a 8 E L + .I E X_ .LEE 5 r Q ` l� � hem ro lA�ll QI E EL EEL H 3 � L .ELLiF — l�. n Ol Q Ere I I_TM Page 7 Page 211 Item#14. D. Landscape Plan(date:November 12,20210 I 5x L1 11 P E = d E L Y 1K I1 iI- LE „ � I -E L- t - i I14 II 11 I I � I _ - EL I E L- - - EL II — t - E -E H- Ills, - - - T r� Page 8 Page 212 BuildingE. • •. 6/1/2021) AU CLIMATE CONTROLLED SELF-STORAGE F ,,,,�� ©RIVE-UP STORAGE: I I LOAD/l1NLOA� j ® -.- �- EAST ELEVATION:BUILDING A p _ _ W/wl.l � rri w w w tl�� SOUTH ■N:BUILDING A NORTH • BUILDING A I ,,,,,, � DRIVE-UP 5TORAG ,,,,,� ELEVATION:WEST BUILDING Page 9 Item#14. ORIVE-UP STORAGE f , OUTH ELEVATION:BUILDING B EAST ELEVATION:BUILDING 6 dR1V" STORAGE _ e Ll L-- -- _ IORTH ELEVATION-BUILDING 6 WEST ELEVATION:BUILDING B :slat T'=n, Nc z l =n, AIA] AIl4] riCL�L 1�� 'GERRA TAN' 'EIONE WHITE' 'SIERRAT". 'S/U.DSTDlJE' 'R4ER ROCK' 7AThS ATAS 0 fvlNOETONf' [71OC:CA ATr GfilYEdlP $TQRAGE SW 6%7 JOOOTONE �-•, GLLI7JITE' LJ I I I .DING 9 ATA8 WOOOTONE AlK5 AS' '8IE♦ttATAN' MWR ROCK' S+NJO;Tf)M:' .:� TONE BEST 0. OaVIRAW Ab ATAS `11EG4I OAK' - DRIVE-UP STORAGE IJ1fAtIL 7-1., I 1 ING B Y Page 10 Page 214 Item#14. •- - ATAS RIGID WALL II ATAS ISCLEREN ML MFN122 12'CORNICE DETAfL STUCCO EMBOSSED VERTICAL ATAS HORIZONTAL SANDSTONE RIGID WALL II SIERRA TAN MFN122 DRIVE-UP HORIZONTAL STORAGE / SIERRA TAN WIT X 6"D ARCHITECTURAL AWNING DETAIL WOODTCNE RUSTICSERIES LAP WHITE GRANITE JAMES HARDIE 8"EXPOSURE SOUTH ELEVATION:BUILDING B scale:sna•=r BEST PANEL COMPANY WOODTONE ATAS REVOLUTION SERIES RUSTICSERIES LAP RIGID WALL II -TUMBLED RIVER ROCK MFN120 ATAS REGAL OAK JAMES HARDIE HORIZONTAL RIGID WALL II B"EXPOSURE GALVALUME MFN122 HORIZONTAL ' SIERRA TAN U4LWL ATAS ISOLEREN ML STUCCO EMBOSSED VERTICAL . SANDSTONE EAST ELEVATION-BUILDING B mmm S.I.:ilia,-1' Page 11 Page 215 Item#15. E IDIAN�--- JAMu AGENDA ITEM ITEM TOPIC: Public Hearing for Rackham East Council Review (CR-2022-0001) by Brighton Development, Inc., Located on the south side of 1-84, % mile east of S. Eagle Rd. A. Request: City Council Review of the Director's decision pertaining to the Alternative Compliance request to UDC 11-4-3-27B.3 to reduce the private usable open space required for each unit. Page 216 Item#15. (�M� IELIDANHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: February 8, 2022 Topic: Public Hearing for Rackham East Council Review (CR-2022-0001) by Brighton Development, Inc., Located on the south side of I-84, 1/4 mile east of S. Eagle Rd. A. Request: City Council Review of the Director's decision pertaining to the Alternative Compliance request to UDC 11-4-3-27B.3 to reduce the private usable open space required for each unit. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 217 Item#15. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING February 8,2022 Legend DATE: - -- 0 Prnjeot Lacaiar TO: Mayor&City Council , FROM: Sonya Allen,Associate Planner f'- 208-884-5533 SUBJECT: H-2021-0075; CR-2022-0001 Rackham East—AZ,PP Eagle View Apartments—CUP,ALT, CR LOCATION: South side of I-84, 1/4 mile east of S. Eagle Rd.,in the south 1/2 of Section 16, ' l T.3N.,R.1E. 1 I. PROJECT DESCRIPTION Annexation(AZ) of 25.76 acres of land with a C-G zoning district; Preliminary Plat(PP)consisting of two(2)multi-family residential building lots(i.e. Lots 1-2,Block 1)and six(6) commercial building lots(i.e. Lots 3-8,Block 1) on 29.7 acres of land; and Conditional Use Permit(CUP) for a multi-family development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. Alternative Compliance is requested to the following UDC standards with the CUP application: • UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets,to be allowed due the site design which enhances usable site amenities by placing them internal to the development with parking mostly on the periphery of the site; • UDC Table 11-3C-6,which doesn't include off-street parking standards for studio unit gpartments,to allow the parking standards for verticallygrated residential to apply; • UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private,usable open space to be provided for each unit,to allow zero(0) for studio units(0% of the standard), 54- 60 square feet(s.£) for 1-bedroom units(67.5%-75%of the standard) and 58-85 s.£ for 2- bedroom units (68%-106%of the standard). Note: The Applicant filed a request for City Council review of the Director's decision on this matter, see Section V.C,highlighted text,for more information. Page 1 Page 218 Item#15. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25.76-acres(AZ);29.7-acres(PP); 15.94-acres(CUP) Existing/Proposed Zoning R1 and RUT in Ada County(existing)/C-G(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant land(formerly single-family homes) Proposed Land Use(s) Commercial(mixed use)and multi-family apartments Lots(#and type;bldg./common) 8 buildable lots(2 multi-family&6 commercial)/0 common lots Phasing Plan(#of phases) 1 phase(plat);2 phases(CUP) Number of Residential Units(type 396 multi-family apartment units of units) Physical Features(waterways, The Ridenbaugh Canal runs along the east boundary of the hazards,flood plain,hillside) site. Neighborhood meeting date;#of 3/3/21 —6 attendees;and 9/1/21 —7 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Pg Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was submitted. es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland (Arterial/Collectors/State Rd.to the south;and two driveways will provide access from the Hwy/Local)(Existing and commercial development to the west via S. Silverstone Way from Proposed) E. Overland Rd. (a signalized intersection exists at Silverstone/Overland) Traffic Level Of Service All road segments are projected to meet ACHD's acceptable level of service(LOS)thresholds for a 5-lanes principal arterial road under all conditions,except for during the PM peak hour for the segment of Overland Road between Eagle Road and Silverstone Way and Rolling Hill Drive under the 2023 total traffic conditions. Stub Two(2)driveways will be extended into the site from the west Street/Interconnectivity/Gros boundary. S.Rolling Hill Dr.will stub at the southern boundary s Access of the site. Existing Road Network S.Rolling Hill Dr.,a local street,extends from the south from Overland Rd.to the north boundary of the site. Existing Arterial Sidewalks/ There are no existing arterial streets on or abutting this site. Buffers Proposed Road Capital Improvements Plan(CIP}f Integrated Five Year Work Plan(IFYWP): Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIP to be widened to p 7-111 on the north and south legs, and a-lanes on the east and west legs, and reconstrucledlsignalized in the future.The design year is listed as 2025 in the IFYWP and the is listed to be improved between 2031 and 2035. • Overland Road is listed in the CIP to be widened to 7-lanes from Eagle Road to Cloverdale Road between 2036 and 204C and is listed as unfunded. The intersection of Cloverdale Road and Overland Road is listed in the CIP to he widened to 7-lanes on the north and south legs and S lanes on the east and west legs and signalized between 2026 and 2030_ West Ada School District Page 2 Page 219 Item#15. Description Details I Pg _ • Distance(elem,ms,hs) Approved prelim Approved MF plat parcels per units per Miles Enrollment Capacity attendance area attendance area me 11 • Capacity of Schools Pepper Ridge Elementary 542 675 313 360 1.6 Lewis&[lark Middle School 886 1000 774 1331 2.5 • #of Students Enrolled Centennial High School 1946 1900 443 1358 4.9 School of Choice Options Christine Donnell-Arts 489 500 N/A N/A S.3 Spalding Elementary-STEM 657 750 N/A N/A 1.S • Predicted#of students 40+/- generated from proposed development Police Service • Distance to Police 2.7 miles Station • Police Response Time Meets response time goals • Calls for Service 3,400(in RD `M752')—between 10/16/19 and 10/15/21) • %of calls for service %of P3 CFS 2.9% split by priority %of P2 CFS 76.0% %of Pi CFS 19.9% %of PO US 1.3% • Accessibility • Specialty/resource needs • Crimes 185 (RD—M752—between 10/16/19 and 10/15/21) • Crashes 224(RD—M752—between 10/16/19 and 10/15/21) • Other MPD can service this area if approved.For more info,see: https://weblink.meridiancity.org/WeUink/DocView.aspx?id=241 580&dbid=0&re o=MeridianCi &ci-1 Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.25 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Do not have a sewer stub to the south on Rolling Hill Dr.These properties will be serviced from Overland Rd. Water • Distance to Water Directly adjacent Services • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan Page 3 Page 220 Item#15. Description Details P • Impacts/Concerns The development needs a second connection to water. There are two options to do so; either connect to Overland Rd via S Rolling Hills Dr or connect to the northwest existing 16"water main. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend P-iect bma fmn o:ec': Lacs tear, J .0 84 Ada a MLJ-R IY-ic Ilkis d b Zoning Map Planned Development Map Legend Legend Project Lorca ian Project Lava far _ x + i City Limit — Planned Pa► sis r p $e�ta6� I- or 1 R R-�1. b RUT J b A. Applicant: Brighton Development, Inc. 2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owners: BVA Rolling Hills No. 1,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 Page 4 Page 221 Item#15. C. Representative: Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/16/2021 1/23/2022 newspaper Notification mailed to property owners within 300 feet 11/12/2021 1/21/2022 Applicant posted public hearing 11/22/2021 1/28/2022 notice on site Nextdoor posting 11/12/2021 1/21/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3- 17). The Applicant proposes to develop the site with office(and possibly some secondary retail uses) and multi-family residential uses. The site is located near S.Eagle Rd. and E. Overland Rd., a major arterial intersection, and the Eagle Rd./I-84 interchange. The proposed offices will provide nearby employment opportunities and services for residents in the vicinity. Other commercial uses(offices, entertainment,multi-tenant retail,hotel, etc.)exist to the west in the larger MU-R designated area for a larger mix of uses as desired in MU-R designated areas. Pedestrian walkways are proposed for interconnectivity within the overall area. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staff's analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes office and multi family residential(i.e. apartments) which will add to the variety of uses planned in the larger MU-R designated area to the west consisting of office, retail, entertainment and hotel uses. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed multi family high density development should provide housing options in close proximity to nearby employment uses located along SH-55 and I-84. Page 5 Page 222 Item#15. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation." A conceptual development plan was submitted with the proposed annexation application for the subject property that's located within the MU-R designation. A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "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." The conceptual development plan depicts a common area between the two office buildings that appears to meet this guideline; more details should be submitted on a site plan submitted for development of these buildings that comply with this guideline. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." Multi family residential uses are proposed on the southern portion of the site adjacent to existing rural residential properties as a transition and buffer to commercial office uses on the northern portion of the site.A 25 foot wide landscaped buffer with dense landscaping is also required in the C-G zoning district along the southern boundary of the site to residential uses. Staff also recommends a 6-foot tall sight obscuring fence is constructed along the southern boundary of the site as an added buffer to adjacent rural residential properties. • "Community-serving facilities such as hospitals, clinics, churches, schools,parks,daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the office buildings are unknown at this time; however, St. Luke's hospital and medical offices are less than a mile away to the northwest of this site. • "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 are expected; outdoor seating areas at restaurants do not count." An outdoor gathering area is depicted on the conceptual development plan between the two office buildings on the northern portion of the site. Details should be submitted with development of these buildings that demonstrate compliance with this guideline. • "Mixed use areas should be 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." The proposed conceptual development plan depicts a plaza/gathering area between the two office buildings on the northern portion of the site.A pedestrian circulation network, which will connect to the larger 90-acre Eagle View/Rackham development to the west, is proposed around the perimeter of the overall development as well as throughout the site that provide pedestrian connections to the multi family development, office, retail, restaurant and hospitality uses within the development. Page 6 Page 223 Item#15. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed development is directly accessible to residents in Rolling Hill Subdivision to the south by vehicle via S. Rolling Hill Dr. There are no pedestrian pathway stubs to this site from the adjacent residential development. S. Rolling Hill Dr. is currently a substandard street and lacks pedestrian facilities;ACHD is r-equiri tg may require off-site improvements with this application consisting of a sidewalk along one side of Rolling Hill and possibly pavement widening if access via Rolling Hills isn't restricted to emer eenncy access only. The Ridenbaugh Canal provides a barrier between the subject property and the residential development to the east; no vehicular or pedestrian connections exist across the canal to this site. Staff recommends pathway stubs are provided at the southern boundary of the site near the west and east boundaries of the site for future extension upon redevelopment of the properties to the south for pedestrian connectivity with adjacent developments. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A 25 foot wide densely landscaped buffer and a driveway is proposed along the southern boundary of the site as a transition and buffer between existing rural residential properties and the proposed high-density multi family residential development. • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. The total development area consists of 29.7 acres; the multi family residential portion consists of 15.94 acres, which is 53%of the site in accord with this guideline. Multi family apartments are proposed at a gross density of 24.8 units/acre, which falls within the desired density range. • Retail commercial uses should comprise a maximum of 50%of the development area. A mix of non-residential commercial uses will be provided on 47%of the development area in accord with this guideline. Retail uses are expected to comprise only a small portion of the development. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), Page 7 Page 224 Item#15. based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated area on this site. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this 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) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed commercial uses should be compatible with existing and future commercial uses to the west and the proposed residential apartments should be compatible with existing residential uses to the south. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed mix of residential and office uses will provide opportunities to live and work in close proximity. The existing and planned office, retail and entertainment uses to the west will provide nearby shopping, work and play opportunities to enhance livability and sustainability. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) Ancillary retail uses may be provided in the proposed office buildings; no stand-along retail uses are proposed on the site. However, retail/restaurant uses are anticipated in the multi- tenant building(s) within the development to the west. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The conceptual development plan depicts a pathway within the street buffer along I-84. The pedestrian plan included in Section VITH depicts internal pedestrian walkways throughout Page 8 Page 225 Item#15. the site for safe and convenient access. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 50 foot wide landscaped street buffer is required to be provided along the northern boundary of the site on land that abuts I-84; noise mitigation is not required per UDC II- 3H-4D. • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) Excluding the outparcel(#51 11642 7890) along the northern boundary of the east portion of the site from the subject annexation and development plan will create a County enclave surrounded by City annexed land, which is not desired. Note: The Applicant is attempting to acquire this parcel. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban infrastructure is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 25.76-acres of land with a C-G(General Retail and Service Commercial)zoning district. The proposed use of the property will include multi-family residential apartments and office uses. A multi-family development requires approval of a CUP in the C-G zoning district and is subject to the specific use standards for such listed in UDC 11-4-3- 27; office uses are principally permitted in the C-G zoning district as are retail uses. Staff recommended in the pre-application meeting to the Applicant that they request R-40 zoning for the multi-family portion of the development—they did not do so. The proposed use still requires approval of a CUP in the R-40 district; however,the R-40 zoning would more accurately reflect the land uses developed on the site when looking at the City's zoning map.For this reason, Staff recommends the multi-family portion of the site is zoned R-40 instead of C-G; the remainder of the site should be zoned C-G as requested.With this Page 9 Page 226 Item#15. change,new legal descriptions and exhibit maps should be submitted prior to the City Council hearing.Because the R-40 district is less intense than the C-G district, the project does not need to be re-noticed. The proposed C-G zoning and recommended R-40 zoning is consistent with the associated MU-R FLUM designation as are the proposed uses. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because this site is part of a larger 90-acre overall development that includes the property to the west, Staff recommends that DA(Inst. #2019-037825— Rackham)is amended to include this property and the provisions noted in Section VIII.A., To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed plat is a re-subdivision of Lots 18 and 19,Block 1,Rackham Subdivision No. 1 and Lots 8-12,Block 2 and Lots 13-16,Block 1,Rolling Hill Subdivision. The proposed plat consists of two(2)multi-family residential building lots(i.e. Lots 1-2,Block 1)and six(6) commercial building lots(i.e. Lots 3-8,Block 1) on 29.7 acres of land and is proposed to be developed in one phase.Note: The Applicant anticipates that many of the commercial lots will be consolidated or realigned at the time offinal plat as users determine precise site area requirements. Staff recommends the property is subdivided prior to application for any building permits for the site; or,the existing PUDI easements and right-of-way for S.Rolling Hill Dr.may be vacated and a Property boundary adjustment application approved to consolidate the existing lots into one (1)parcel. Either method should be done prior to submittal of applications for building permits. Note: There is a 14-foot wide sliver of land(Parcel#51116427890)that exists to the north of the eastern portion of Lot 6 and Lots 7 and 8 that is not included in the proposed subdivision(see preliminary plat exhibit in Section VII.B).It appears to previously have been part of the right-of-way(ROW)for I-84 that was sold off as surplus ROW.It was not included as part of the adjacent building lots in the Rolling Hill Subdivision plat in 1968; therefore, Staff determines it to be an original parcel of record as defined in UDC 11-1A-1. As such,the subject property is deemed to be eligible for development without that parcel. However, Staff strongly urges the Applicant pursue obtaining the parcel and include it in this development; otherwise,there will be an undeveloped enclave with County zoning surrounded by City annexed land with no access and likely no maintenance of the property. Ideally,it would be included in the subject annexation and preliminary plat application, which would require re-noticing and a continuance of the hearing—Staff has suggested this to the Applicant but they wish to proceed without it as they continue trying to acquire the property. Since it is not included with this application,the applicant will have to submit a subsequent AZ application to the City for review and approval. Existing Structures/Site Improvements: There are no existing structures on this site; the previous homes and accessory structures have been removed. Page 10 Page 227 Item#15. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- G and R-40 zoning districts in UDC Tables 11-2B-3 and 11-2A-8. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3) Access to the site exists via S. Rolling Hill Dr.,a local public street that currently extends from E. Overland Rd.to the south and runs through this site to the north boundary; this street will ultimately stub at the south boundary and may be restricted to emergency access onlX. The portion of Rolling Hill north of the southern boundary of the site is required to be vacated prior to signature on the final plat. Rolling Hills Dr. is not improved to urban standards(i.e. it's narrow, lacks street lights and doesn't have curb, gutter or sidewalk). Two(2) driveway accesses are proposed to be extended from the commercial property to the west for access via S. Silverstone Way from E. Overland Rd. ACHD has requested the Applicant submit an updated analysis to Staff for the intersection of Silverstone Way/Overland Rd. to see if the intersection can handle all of the traffic for this development if Rolling Hill Dr. is restricted to emergency access only. If so,ACHD will not require additional off-site improvements to Rolling Hill Dr. Cross-access/ingress-egress easements should be provided between all lots in the subdivision as well as to the properties to the west(Parcel#R7319432000&R7319431900)via a note on the final plat or a separate recorded easement in accord with UDC 11-3A-3A.2. Road Improvements: The intersection of Overland Rd. &Eagle Rd. is scheduled in the CIP to be widened to 7-lanes on the north and south legs, and 8-lanes on the east&west lei reconstructed/signalized in the future. The design year is listed as 2025 in the IFYWP and is listed to be improved between 2031 and 2035. Overland Rd. is listed in the CIP to be widened to 7-lanes from Eagle Rd. to Cloverdale Rd.between 2036 and 2040 and is listed as unfunded. The intersection of Cloverdale Rd. &Overland Rd. is listed in the CIP to be widened to 7-lanes on the north&south legs and 8-lan3s on the east&west legs and signalized between 2026 and 2030. If Rolling Hill Dr. isn't restricted to emergency access only ACHD is r-equirin will likely require the following improvements for Rolling Hill Dr.: restriction to right-in/right-out only; construction of passive traffic calming measures; improvement with 24-feet of pavement, 3-foot wide gravel shoulders and a 6-foot wide concrete sidewalk on one side of the street within existing right-of-way; and construction of a mini roundabout at the terminus. The segment of Rolling Hill Dr. within the site is required to be vacated. See ACHD's staff report in Section VIII.I for more information. Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this site. Staff recommends internal pedestrian walkways are provided throughout the site for interconnectivity;where pedestrian walkways cross vehicular use areas they should be distinguished through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. Sidewalks(UDC 11-3A-1 : There are no public streets proposed within this site; therefore, sidewalks are not required. Sidewalks are not required along I-84; however, a pathway is proposed within the buffer. ACHD is requiring a sidewalk to be constructed off-site along one side of S.Rolling Hill Dr.with development of this site. Page 11 Page 228 Item#15. Landscaping(UDC 11-3B): A 50-foot wide street buffer is required on Lots 3-6 along the north boundary of the site adjacent to I-84 per UDC Table 11-2B-3, landscaped per the standards listed in UDC 11-3B-7C. The buffer depicted on the landscape plan complies with this standard. The street buffer is required to be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b and should be depicted on the plat in a common lot or permanent dedicated buffer. Landscaping is required adjacent to the pathway proposed along the northern boundary of the site in accord with the standards listed in UDC 11-3B-12C. A 5-foot wide landscape strip is required on both sides of the pathway planted with a mix of trees,shrubs,lawn and/or other vegetative ground cover. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Engineering Report for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation(UDC 11-3A-1�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Staff recommends street lights are installed along S.Rolling Hill Dr. in accord with the City's adopted standards,specifications and ordinances in accord with UDC 11-3A-21. Waterways(UDC 11-3A-0: The Ridenbaugh Canal is a large open waterway that lies within a 100-foot wide NMID easement (50 feet on each side)along the east boundary of the site. The Applicant requests approval from City Council of a waiver to UDC 11-3A-6B,which requires canals to be piped when not used as a water amenity or linear open space as defined in UDC 11-1A-1,to leave the canal open due to its large capacity. Council may grant a waiver if it finds that the public purpose requiring such will not be served and public safety can be preserved.In order to ensure public safety can be preserved if the canal is approved to be left open,the Applicant proposes to construct a 6-foot tall open vision(wrought iron) fence along the eastern boundary of the site at the edge of the irrigation easement. This project is not within the flood plain. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is not depicted on the landscape plan; however, a 6-foot tall open vision wrought iron fence is proposed along the Ridenbaugh Canal to preserve public safety if Council approves a waiver to allow it to remain open and not be piped. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the future 5-story office buildings,4-story multi-family residential buildings,leasing and fitness buildings as shown in Section VII.I. Final design must comply with the design standards in the Architectural Standards Manual. Page 12 Page 229 Item#15. C. Conditional Use Permit(CUP): A CUP is requested for a multi-family development consisting of 396-units in four(4)4-story buildings on 15.94 acres of land in the proposed C-G zoning district.Unit types consist of 48 studio, 196 1-bedroom and 152 2-bedroom units. The proposed gross density of the development is 24.8 units per acre,which is consistent with that desired in MU-R designated areas.Note:Sta is recommending R-40 zoning, instead of C-G, for the multi-family residential portion of the development. Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.Staff is unable to determine if the buildings depicted on the concept plan meet the minimum setback standard. The site plan submitted with the Certificate of Zoning Compliance application should clearly depict the property lines in order to determine compliance with this standard. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. Alternative Compliance is requested to this standard to allow zero (0)for studio units (0%of the standard), 54-60 square feet(s.f.)for 1-bedroom units (67.5%-75%of the standard)and 58-85 s.f. for 2-bedroom units(68%-106%of the standard). The Applicant's justification for the request is that the extraordinary site amenities proposed coupled with innovative,new urban design with an emphasis on integrated, internal open space, facilities,form the basis of the request in lieu of the standard. The Director is of the opinion that the requested reduction is too much for this site. As an alternative,the Director approves a 20%reduction(i.e. 64 square feet)for the reasons offered by the Applicant as justification for the reduction. The Applicant requests City Council review(CR-2022-0001) of the Director's decision in this matter as they feel their request is warranted based on, "the extraordinary site amenities that are proposed for the site,the unit type and mix, and the innovative and integrated design of the internal open space."City Council should make a determination on this request with the subject CUP application. If the action of the Director is upheld, the City Council's decision should state the reasons for the decision as set forth in UDC 11-5A-7D.lb. Page 13 Page 230 Item#15. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) These items should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 396 units contain between 500 and 1,200 square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units exceed 1,200 square feet of living area. At a minimum, a total of 99,000 sf. (or 2.27 acres) of outdoor common open space is required to be provided in the proposed development.A total of 3.49 acres is proposed consisting ofstreet/driveway buffers, area around leasing building, landscaped areas in parking lot and amenity areas, in excess of the minimum requirement as shown on the exhibit in Section VII.G. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20').All of the common open space areas depicted on the open space exhibit in Section VII.G meet this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in two phases. The first phase will consist of the west two buildings along with their associated garages and carports, the west courtyard amenities, the leasing office and the fitness building. The second phase will consist of the Page 14 Page 231 Item#15. east two residential buildings along with their associated garages and carports, and the east courtyard amenities (see phasing plan in Section VILE). 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4- 2009)None of the common open space areas are located adjacent to a collector or arterial street. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100)in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 15 Page 232 Item#15. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 396-units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. Amenities are proposed from each of the three categories in excess of the minimum standards (see list and exhibit in Section VIT G).Amenities include several outdoor sport courts/games (snook ball, cornhole boards, bocce ball,ping pong table, volleyball), open grassy areas at least 50'x 100'in size, walking trails, a swimmingpool, a clubhouse with a fitness facility, kitchen and lounge, shade structures with seating and outdoor seating around afire table. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscapeplan submitted with the Certificate of Zoning Compliance application should depict landscaping on all elevations facing the private drives in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. A minimum 25-foot wide buffer to residential uses is required with development along the southern boundary of the site per UDC Table 11-2B-3, landscaped per the standards in UDC 11- 3B-9C,which requires a mix of evergreen and deciduous trees, shrubs,lawn,or other vegetative ground cover. The buffer depicted on the landscape plan needs to be widened and additional landscaping depicted in accord with these standards. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. The UDC standards applicable to this application do not include minimum parking standards for studio units; the code has since been updated(on 10/5/21)to require one(1)space per studio unit. The Applicant has requested alternative compliance to allow the parking standards for vertically integrated residential to apply. Because one(1)space is Page 16 Page 233 Item#15. required for verticallygrated residential uses,which is the same as the current code for studio units,the Director finds this request acceptable and grants the request. Based on 48 studio, 196 1-bedroom units and 152 2-bedroom units, a minimum of 5-79 646 off- street spaces are required with 3%348 of those being in a covered carport or garage. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on 6,952 square feet, a minimum of 14 spaces are required to be provided. Overall, a minimum of 544 660 standard parking spaces are required. A total of 6-54 651 off-street spaces are proposed on-site with 394-398 of those being covered in garages SS 90)/carports 303 308); another 20 on-street spaces are proposed on the updated site plan along the future private street along the north boundary—these spaces can serve as ,guest parking but do not count toward the"off-street"parking requirement,,.,h ,.,, Hw4t ao&e ri r spaces.spaees; eompaet stalls are discouraged but may be used for parking above the number of required parking Additional parking(5 spaces) should be provided to meet the minimum standards; the site/landscape plan submitted with the Certificate of Zoning Compliance application should be revised to reflect compliance.Note: The calculations on the landscape plan state 651 spaces are proposed, which differs from that on the site plan. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. Based on 651 spaces, a minimum of 26 spaces are required.Bike racks should be provided in central locations for each building. Alternative Compliance(ALT)is also requested to UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets,to be allowed due the site design which enhances usable site amenities by placing them internal to the development with parking mostly on the periphery of the site. Because the parking areas on the east and west sides of the site are screened by garages and there is only one drive aisle with parking on each side on the north and south sides of the site and internal parking between the structures, leaving less than 50%of the off-street parkin vg isible from the abutting street/driveway, Staff is of the opinion the site design complies with UDC standards without approval of ALT. Fencing:No fencing is depicted on the landscape plan for this development. A 6-foot tall open vision wrought iron fence is proposed along the Ridenbaugh canal to preserve public safety if Council approves a waiver to allow the canal to remain open and not be piped. As an added buffer to the two adjacent rural residential properties to the south in Rolling Hill Subdivision, Staff recommends a 6-foot tall sight obscuring fence or wall is constructed along the southern boundary of the site. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 4-story multi-family residential buildings, leasing and fitness buildings as shown in Section VILI. Final design must comply with the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit with the provisions noted in Section VIII, per the Findings in Section IX. Page 17 Page 234 Item#15. B. The Meridian Planning&Zoning Commission heard these items on December 2, 2021 and January 6,2022.At the public hearing on January 61,the Commission moved to recommend approval of the subject AZ, PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Jon Wardle,Brighton Corp. (Applicant's Representative), Geoffrey Wardle b. In opposition:None C. Commenting: Alicia Eastman,Mike Blowers,Amy Wattles, Chris Majorca, Lynette Adsitt,Matt Adsitt, Chris Maiocca,Pam Ham d. Written testimony: Pam Ham e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) testimony a. Concern pertainin tg o high volume of traffic this project will generate on S. Rolling Hill Dr. (commercial traffic through a residential neighborhood)—request for bollards to be installed at the terminus of Rolling Hill Dr. at the southern boundary of this site that would block off traffic but that would provide emergency access to the site, b. Concern pertaining to construction traffic using S. Rolling Hill Dr. to access the site; c. Against proposed development due to loss of current lifestyle (livestock and effects to them from noise and traffic); d. The Applicant committed to limiting construction traffic via S. Rolling Hill Dr. and making Silverstone Way the primary access; e. Concern pertaining to location of wells alongRolling olling Hill Dr. and impact on such if improvements to Rolling Hill Dr. are required. 3. Key issue(s)of discussion by Commission. a. Concern pertaining to of traffic from this development on S. Rolling Hill Dr. and lack of urban improvements on Rolling Hill Dr.;possibility of restricting public access for the site via S. Rolling Hill Dr. for the development; b. Desire for the sliver of land along the northern boundary of the site (Parcel #S 1116427890)to be included in the annexation and preliminaa plat boundqU so as not to create an enclave surrounded by City annexed land and an access easement to be provided to that property for maintenance purposes; c. Need for additional off-street parkin to o be provided on the site in accord with UDC standards and possibility of a shared parking agreement with the adjacent property to the north as an alternative to on-site parking; 4. Commission change(s)to Staff recommendation: a. Include a condition for construction traffic for the proposed development to access the site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as committed to by the Applicant(see condition#VIII.A.lh); b. Requirement for the Applicant to submit a copy of the purchase agreement for the out- parcel at the north boundary in lieu of rig an access easement to that property(see condition#VIII.A.2a). 5. Outstandingissue(s)ssue(s) for City Council: a. The Commission requested the study of the Overland/Silverstone intersection with respect to sole access to the site from Silverstone be completed and reviewed by ACHD prior to the City Council hearing. This was completed and reviewed by ACHD with the followingfgs: The analysis and original study show that the intersection will operate exceeding level of service thresholds with&without the additional traffic from this development. ACHD is supportive of restricting Rolling Hill Dr. to emergency access only with this development since this intersection mainly serves the Rackham/ICCU development,this development is part of the overall Rackham Page 18 Page 235 Item#15. development area and the applicant understands the impacts of this additional traffic. Currently,there is not enough existing right-of-way at Silverstone Way/Overland Road intersection for additional improvements. b. The Applicant requests a new DA is required with the proposed annexation rather than an amendment to the existing DA as recommended initially—Staff is amenable to this request. c. The Applicant submitted a request for City Council review of the Director's decision on the request for alternative compliance to the private usable open space standards listed in UDC 11-4-3-27B.3. Page 19 Page 236 Item#15. VIL EXHIBITS A. Annexation Legal Description& Exhibit Map NOT APPROVED lam E N G I N E E R I N G June 2,2021 Project No.20-219 Exhibit A Legal Description for Annexation and Rezone to C-G Rackham Subdivision No.2 A parcel of land being lots 13 through 16,Block 1, Lots 8 through 12,Block 2 of Rolling Hill Subdivision (Book 18 of Plats at Page 1,202,records of Ada County,Idaho)and unplatted land situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,B.M.,Ada County,Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00°05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,500'05'15"E a distance of 227.22 feet to a 5/8-inch rebar on the southerly right-of-way line of Interstate 84 and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S89'34'32"E a distance of 672.76 feet; Thence leaving said southerly right-of-way line,500°00'07"E a distance of 14.37 feet; Thence S89°15'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3 (Book 77 at Page 8,098,records of Ada County,Idaho)and the centerline of the Ridenbaugh Canal; Thence following said westerly boundary and said centerline the following two(2)courses: 1. S12°52'54"W a distance of 489-S0 feet; 2. S14°05'22"W a distance of 627.49 feet to a 5/8-inch rebar on the southerly line of said Northwest 1/4 of the Southeast 1/4; Thence leaving said westerly line and said centerline and following said southerly line,N89'14'19"W a distance of 887.95 feet to the Southwest corner of said Northwest 1/4 of the Southeast 1/4(Center- South 1/16 corner); Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast 1/4,N00°05'15"W a distance of 1099.57 feet to the POINT OF BEGINNING. Said parcel contains a total of 25.76 acres,more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. p1 a 12459 OF � •2.202-1 5725 North Discovery Way•soi5e,Idaho Wi3• 2ca.639.5019• kmengilp,com Page 20 Page 237 Item#15. POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 SQO'05'15"E 227.22' (TIE) Interstate i44ES189'11 S00'00'07"E POINT OF BEGINNING 4.37S89'34'32""E 672.76' 5'23"E 478.72' Parcel i Parcel ,q R7555000280 S11164279SO ai Parcel I V R7555000160 = I m '2 I rn L Parcel R755500027D Annexatlon Area:2S.76±AC. ;n o Proposed Zoning:C-G � I � Parcel Un fatted ,.-;�, o� R7555000261 Parcel I� P o Ln Z o R7555000151I� Parcel ° Ea Parcel = •r .5 S1116428010 o R7555000265 ;n 7 Parcel i Centerline of c`h Parcel R7555000155 'I i Ridenbaugh o a L Canal 3 o R7555000251 a m I Parcel Parcel I v R7555000255 R7555000140 rti I � o t •� x Parcel '^ R7555000240 Parcel I o R7555O00130 - I � N89'14'19"W 887.95' S00'05'15"E 1326.80' (TIE) Rolling Hill Jewel Subdivision Subdivision FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 ❑ 200 400 600 &am (k Plan Scale: 1"=200' E N G 1 N E E It I N G 5725 NUATH DISCOVERY WAY s0156•IOAKO"?" RIioN E I20616395939 Exhibit B -Annexation and Rezone to C-G kmengPp.corn Rackham Subdivision No. 2 GATE: JVn@2921 PROJECT: 2�-219 SHEET_ Lots 13-15, Block 1, Lots 8-12, Block 2 and unplatted land in a portion of the 1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16,T3N., R1E., B.M.,Ada County, Idaho Page 21 Page 238 Item#15. B. Preliminary Plat(date: 10/25/2021) PRELIMINARY PLAT SHOWING RACKHAM EAST SUBDIVISION A RE-SUBDIVISION OF LOTS 13-16,BLOCK 1,LOTS B-12,BLOCK 2OF ROLLING HILL SUBDIVISION, d LOTS 18-19,BLOCK 1 OF RACKHAM SUBDIV151ON AND UNPLATTED LANDS ALL SITUATED IN A PORTION OF THE NE 1/4 OF THE SW 114 AND THE NW 1/4 OF THE SE 114 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN, N CITY OF MERIDIAN,ADA COUNTY,IDAHO - JUNE 2021 y �• - uv.xcmmru,muownws oeeo,xu __ L•�vw� SNRVEY CONFROLM1O'ES 8 C-6 C-G [.G [.G [.G C ' PRELIMINARY PIAT R0.TR 3 .� xsua r y oas mm...r X C G IPRELIMINAMPWTN-5 y� w . ra[uwu 1 �_—__�sl ins m �� mvnewwu tslt nx n[wn a:wm rr,wra mm�m iw[wes cn'cwn ..m sm•x I I I �n..nxoo..�.�o.o...a.w.�.�o.Q,.vmm..m v.o... ��—.—w.xv drx.an. vrnn ie I I I i ¢nmai a:wvv imo ac cmw uwm.unx,w rv,me my v xew.nw mo rcr'w mx�o qq 1 -[ RACKH �a�.x. ` AM EA57 SUBDIVISION MERo AN.II) W6phNOn -- I II mE�r,nn PRE.Ii—ARw PIAT RMk] km ` vrr.nvr aTwu I1 - COIR0.Cf INFORMATION w M.....uaa.m„ .........� PF1.0 Page 22 Page 239 Item#15. C. Landscape Plan—Preliminary Plat(date: 10/15/2021) III C£ C—G C—G C—G C—G C6 e r S E'i ply• - fI I — "�^"� �"^'®• n ��� —`- — "--�� -— InNf1 RACKHAMIEAST SUBDIVISION �•+ e'R�R m"E"� 8 �� m MERIDIAN,ID s� PHfDMINAIIY P WT AN—Pf PAN PRELIMINARY PLAT LANDSCAPE PLAN 'sagg o .. m"' n..� a m �"gro. TOTALSTREE TREES MMI TIDN REQUIREMENTS �.e.m�mr=om --REQUIRED/1-1— PPLi.O Page 23 Page 240 Item#15. D. Conceptual Development Plan UI 1111 Ozz � -I;Jj�1`J L �•' ' � tGJ�G9 �I;: ( J it EEI Q o Z t. m e� > J a I � t " 9; b LU ------------ EVL-2 Page 24 Page 241 Item#15. E. Site Plan—Conditional Use Permit(dated: 6/3/24 1/6/22) &Phasing Plan I 71 17 T I I'll.11 F1 [11 M T ICIl /I - - - 1. — — — — f!�if r` e ,�.I Z: ul IT I 11 1444 1 4 11 I'l U I r-17T CLO Page 25 Item#15. Phase ti r t ' .. 4w }n �r r e ti f � w Phase 1 w Page 26 Page 243 Item#15. Updated Site Plan with on-drive aisle parking(1/3/22): (20 extra parallel parking spaces) -T f J i EAGLE VIEW APARTMENTS j BRIGHTON CONCEPTUAL,SUBJECTTOCHANGE 7 . i �, E F a Ei, •• � �r u44ICY I' fJ I I f fx a d • e e i r ,J Iq �, l u p� u ] 1 1 , a I uj G Gu I' 7L' II _ CgIV/.tE ORIVE Page 27 Page 244 Item#15. F. Landscape Plan—Conditional Use Permit(dated: 6/3/21) AM ' �� i w ., I s�°mwo.xo: srrc wo,m•,ww. m�mu m,x�mwn.xr�,mown �asu.+'& Mj - a i- PPP''' I anm wMm iv w+x.mnroe.comm.sev 11 p w.>m mm.+�+omwrossm.xay..ra sx ns.vLL .,® zll ak A P I e R n- Ip' us OfIOW1E6 m nE ' A a CUP LANDSCAPE PLAN _ BUFFER WIDTHS AND TREE CADCU WTION5(1TREE/35 LF) eMOTNOFZPARmKING[LOTPERIMETERlAND—E—P �a/� ..,F1 PFC6._ -,.ux rw u. aar� u.s� a `� .EEPM6 V..�� s+°.v n.v nE3cv..x s. PARKING fdL[ULATIONS ���✓✓ imr.ax°-xxE.u.En •°" :�•••• �� �• re«oenva[svneuorvE •� �•°�° '„' ..a`..°• ..m (� y — s�rasshoumr rr vu. aYu ws. s i WNEAE,,. PARKING ISU\NDTRF. emu. F.,'F_ :•wav nw �. ® w�wer.aw;m.uwvnxs - ..mss M TREESPEOESMIX 07, MITIGATION REDUIREMENTS Qssur„sr�.,x.<- ,•• ,• ��••• �m �• v ® �•�•�� - "•"'g a,. m=�=s�Mom<.. TOTAL TREESR Page 28 Page 245 Item#15. G. Open Space Exhibit for Multi-Family Development(dated: 6/3/21) &Amenities iiiiiiiiiiiuiiiiiiiiiiiuiiiiiiiiiiI �4ti��Po� i I s L L � c �1CONOITIONAL USE PERMIT QUALIFIED OPEN SPACE EXHIBIT C o PRfLIMINANY ATf CALCUTATIONS �.s.ame ,er pus _� nmwm.« k 1 Exi.o Page 29 Page 246 Item#15. • Amenities o Central Core Amenities ■ 24-hour resident lounge ■ Warming kitchen ■ Entertainment area ■ Game area ■ 24-hour fitness center featuring Rogue equipment ■ Locker Rooms with showers ■ Zoom conference room(s) ■ Wi-fi throughout all amenity areas ■ Resort style pool &year-round spa ■ Pool-side patio and grilling area ■ Outdoor pool lounge ■ Amazon parcel system ■ Dwelo Smart Home Technology o West Courtyard (seepage 10 for exhibit) ■ Shade structure ■ Outdoor Kitchen with BBQ Grill ■ Benches ■ Outdoor seating surrounding a Fire Table ■ Festoon lighting ■ Cornhole ■ Outdoor Ping Pong Table ■ Sand Volleyball o East Courtyard (seepage 10 for exhibit) ■ Shade Structure ■ Outdoor Kitchen with BBQ Grill • Benches ■ Outdoor seating surrounding a Fire Table ■ String Lights ■ Cornhole ■ Outdoor Ping Pong Table ■ Snook Ball Court ■ Bocce Ball Court Page 30 Page 247 Item#15. AMENITY FEATURES OJ'DOOA MlfcmtN wrtm SERIES PLANTER YOM, RUILT-u;GRILL. ' DAMS COLDR ROM DARK GUY_ SUES VARIER: O ASP-TT.ASP-il 0. h W CORNEIDIf RGa R05—-�_ _ - —OuT0G0R/rNG AONG TAN.[. f.. 4—iEa'G-CDT CDNCRETM. r r f l �— MBCC 5 ANO IIG D C tow C YC 4 !OATS MDR STRMG LICH? L'] S"O VDLUfTULE—__1 _. JEl courtr wrt-+a• ` �� -nRE TAKE,SA fErr 7W ~�. —OOfODOR SEaIUC. COW MTE STE'PTf= �c\ sOf4 RELDIRD LMX)UU f PAVERS. 'F P cl __--. ! / __ OVLRHLFO 51410E STRC. IFRCtl4 OR Slua SAU. E Suu. E7 © W WEST APARTMENT COMPLEX a Page 31 Page 248 Item#15. AMENITYFEATURES QUTDWR R/TCefx 1ASX� NMI—f*1Ll t ���� �___..- CRC[ST-om OaCd1AIM POSTS FOR STRING IIGXT ATTAtMx[xl_ fR[C STATON6 D[Cwwwl MISTS - — •.�. - _ z Am srnw[ "OT ATTAtHWEWi. �bm"Ift",MINN,,ASPCCT S[R45 ¢ J pl"TEA Pon 0-m CCIOF eau DOM GMT. 4 DYfRW[AD CUM"ST IAMTS. SIZES YAR0.S� � _ AfP-TT.ASP-21 Q [Cft[GAT DES"ASPECr S[SiS— � ��•_�—.. _� it r _— Sxppis PALL cwv ►LhNuv TUTS. Dam Cold[eoba sus`�"S. n Ap_n,ASP_2f � —..ceawXeu eo.xos --&XU eut cOuaT. co -t� S - a'aa•coxr.R[r[sAwna - r r •'A.'CON:RCTC SAWWT-�••�- w / '4 gr " OUIDQOT PIN{;PDPIfo fAVLL- eCi pa NDD L"YEAS.. Cu1DDDrr S[Afleo. - OyERMEAO SX+U[ . If R a i m EAST APARTMENT COMPLEX Page 32 Page 249 Item#15. H. Pedestrian Circulation Plan z2 R{ 4r a 0 �s x � 9 L 1 i no r ��II 77 U' iL II J tz _. 8 ®V • ei LU ai i w o e3 c I e e e _. ��Ilfll� Page 33 Page 250 Item#15. I. Conceptual Building Elevations (dated: 5/31/2021) 99 ee All a° °o 91 0 99 EU doIMP z, jj Jfi ..mm aV�,+Ww..NDm•Nd..���BUELDI..G®•�..,..�....e...e�m��,ir�..am. H d • m� e��e viFuv uua� au�olrv��rn ....4i..__..•...�. Page 34 Page 251 Item#15. Q � I IE aAaaa a a — p _ � as as 99 �� as as A9-.B AEA ao LE,oEXLLN Page 35 Page 252 I!I =-�� Ill I - ,n iil- 1■ IF G yea ��■:�is c � SIGNAGE I I � I 1 n Item#15. VIII. CITY/AGENCY COMMENTS & CONDITIONS Staff recommends the multi-family portion of the site is zoned R-40 instead of C-G; the remainder of the site should be zoned C-G as requested.With this change,updated legal descriptions and exhibit maps shall be submitted prior to the City Council hearing. A. PLANNING DIVISION 1. An amendment to the existing Development Agreement(DA) (Inst. #2019-037825 H-2019- 0005) for the Rackham development is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, an amended DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption. An application for such shall be submitted to the City,preferably so that it can go to Council concurrently with the subject applications; a development plan for the overall area should be submitted with the application that is consistent with the MU-R FLUM designation. The amended 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 specific provisions for the amended DA pertaining to this site will be determined at the time of submittal of the application; the following provisions may be included: a. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan,phasing plan, conceptual development plan,pedestrian circulation plan and conceptual building elevations submitted with the application contained herein. b. The two(2)office buildings proposed on the northern portion of the site shall be arranged to create some form of common,usable gathering area, such as a plaza or green space in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the conceptual development plan with landscaping along the pathway as set forth in UDC I I- 3B-12C. Also provide internal pedestrian walkways throughout the site for interconnectivity; where pedestrian walkways cross vehicular use areas they shall be distinguished through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. d. All future structures constructed on this site shall comply with the design standards in the Architectural Standards Manual. e. The final plat shall be recorded prior-to issuanee of building pemaits for-any stmetw this side; or,the existing PUDI easements and right-of-way for S. Rolling Hill Dr. shall be vacated and a property boundary adjustment application approved to consolidate the existing lots into one(1)parcel prior to submittal of any building permit applications for the site. £ Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development, is required. g Provide g site; o or,s for-S n lling 1441 Dr. eensistentwith Ada r,.tmty feet where needed, 3 feet wide gr-a-vel shoulder-s a-ad 6 feet wide sidewalk on one side of per If off-site improvements are required to Rolling Hill Dr. by ACHD,the Applicant shall comply with those requirements. Streetlights shall also be installed along S. Rolling Hill Dr. in accord with the City's adopted standards, specifications and ordinances in accord with UDC 11-3A-21 if ACHD requires off-site improvements to S. Rolling Hill Dr. Page 38 Page 255 Item#15. h. Construction traffic for the proposed development shall access the site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as committed to b, t�Pplicant. Preliminary Plat: 2. The final plat shall include the following revisions: a. Include a note granting cross-access/ingress-egress easements between all lots in the subdivision as well as to the properties to the west(Parcel#R7319432000& R7319431900) and to the north(Parcel#S 1116427890)via a note on the final plat or a separate recorded easement in accord with UDC 11-3A-3A.2. In lieu of granting an access easement to Parcel#S 1116427890,the Applicant shall submit a cop, of the purchase agreement or warranty deed in their name for the out-parcel. b. Depict the street buffer along I-84 on Lots 3-6 in a common lot or a permanent dedicated buffer,maintained by the property owner or business owners' association per UDC I I- 3B-7C.2b. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict a pathway within the street buffer along 1-84 as shown on the CUP landscape plan with landscaping in accord with the standards listed in UDC 11-3B-12C.A 5-foot wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. b. Depict a 6-foot tall wrought iron fence along the east boundary of the site adjacent to the Ridenbaugh Canal outside of the NMID's irrigation easement. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11-2A-8 for the R-40 zoningdi . 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests approval of a waiver from City Council to leave the Ridenbaugh Canal open. 6. Cr-E)ss aeeess/iagFess egress easements shall be pfevided between all lots in the subdivision as well as to the pFeper-ties to the west(Par-eel#R7319432000 &R7319431900)via a note Off the final plat or-a separate r-eeor-ded easement in aeeer-d with ULDC 11 Included in condition#2a above. 7. The right-of-way for the portion of S. Rolling Hill Dr.north of the southern boundary of the site shall be vacated prior to signature on the final plat. site.8. The pr-epeAy shall be subdivided prior-to issuanee of any building penmits for-the Not necessary to include as a plat condition as it's included as a DA provision above in Section VIII.A.1 e. Conditional Use Permit: 9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development is required. 10. The site/landscape plans included in Section VII shall be revised as follows: a. the site as set feFth in UPC Table 11 2 4, !a-ndseaped per-the standards listed in UPC; M 3B 9GA nik ef evergreen and deeiduous trees, s-hrHbs, lawn, ar at-her vege�ative Page 39 Page 256 Item#15. ground e . 4 within the buffer-, whiehshall be installed at the fime of le development. Not required with R-40 zoning. b. Depict all property lines in order to demonstrate compliance with the minimum setback requirements listed in UDC Table 11-2B 3 11-2A-8 and 11-4-3-27B.1. c. 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 in accord with UDC I1-4-3- 27B.2. d. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 27B.7. e. Depict a 6-foot tall sight obscuring fence or wall along the southern boundary of the site as an added buffer to the rural residential properties to the south in Rolling Hill Subdivision. f. Depict landscaping along all elevations that face the private drives in accord with the standards listed in UDC 11-4-3-27E. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. h. Depict pathway stubs at the southern boundary of the site near the west and east boundaries of the site for future extension upon redevelopment of the properties to the south for pedestrian connectivity with adjacent developments. i. Depict a minimum of 26 bicycle parking spaces per the standards listed in UDC 11-3C- 6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks shall be provided in central locations for each building. j. Compaet par-king stalls are diseaur-aged but may be used for-pafking above the Pwfflber-e requir-ed pafking spuees per-UPC-11 4C-344-. Based on the number of bedrooms per unit and square footage of the clubhouse proposed, a minimum of 660 standard off-street parking spaces are required with 348 of those being in a covered carport or garage. If these numbers/square foota eg change parking may be ad iusted accordingly to comply with applicable UDC standards. Parking standard alternatives are listed in UDC 11-3C- 7. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. The Director approved the Applicant's request for Alternative Compliance to the private usable open space standards in UDC 11-4-3-27.B.3 with a modification to the request to allow a maximum reduction of 20%(i.e. 64 square feet)to the standard. 12. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. Page 40 Page 257 Item#15. 13. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Instead of running parallel 6" and 8" water main,change the layout to a single 8" water main, connect the hydrant,then install a jurisdictional valve to the fire service line. 1.2 Do not have a sewer stub to the south on S Rolling Hills Dr. These properties will be served from Overland Rd. 1.3 Ensure no permanent structures are within any City easements including but not limited to buildings, car ports,trash enclosures,trees, shrubs, fences,light poles, infiltration trenches, etc. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point Page 41 Page 258 Item#15. connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been Page 42 Page 259 Item#15. installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=241985&dbid=0&repo=MeridianC Lty D. POLICE DEPARTMENT hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=241580&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=242184&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=243206&dbid=0&repo=MeridianC Lty G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=244287&dbid=0&repo=MeridianC Lty Page 43 Page 260 Item#15. H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciN.ofglWebLinkIDocView.aspx?id=244309&dbid=0&repo=MeridianC Lty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=240968&dbid=0&repo=MeridianC hty https://weblink.meridiancity.org/WebLink/DocView.aspx?id=250050&dbid=0&repo=MeridianC ky 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; The Commission finds the proposed zoning map amendment to C-G and subsequent development is consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment will allow for the development of a mix of office and multi family residential uses which will assist in providing for the service needs of area residents consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Page 44 Page 261 Item#15. Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The Commission is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with Page 45 Page 262 Item#15. the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The Commission finds that essential public services are available to this property and that the use will be adequately served by these facilities. A Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds UDC Table 11-3C-6 does not include parking requirements for studio units: therefore, this finding does not apply. The Director finds strict adherence or application of the requirements in UDC 11-4-3-27B.3 is feasible but to comply, the number of units may need to be reduced or other changes made to the development plan. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance of providing parking for studio units consist with the standards for vertically integrated residential units, which is also consistent with current updated standards for studio units,provides an equal means for meeting the requirement. The Director finds the proposed alternative compliance to the private usable open space standards in UDC 11-4-3-27B.3 for each unit unacceptable but does find a reduction of20% acceptable due to the extraordinary site amenities proposed along with the innovative, new urban design with an emphasis on integrated, internal open space and facilities proposed. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means of compliance to UDC Table 11-3C-6 and the Director's alternative approval to the Applicant's proposal for alternative compliance to 11-4-3-27B.3 will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 46 Page 263 Item#16. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Public Hearing for Rackham East/Eagle View Apartments (H-2021-0075) by Brighton Development, Inc., Located on the south side of 1-84, % mile east of S. Eagle Rd. A. Request: Annexation of 25.76 acres of land with a C-G zoning district. B. Request: A Preliminary Plat consisting of two (2) multi-family residential building lots (i.e. Lots 1-2, Block 1) and six (6) commercial building lots (i.e. Lots 3-8, Block 1) on 29.7 acres of land. C. Request: A Conditional Use Permit for a multi-family development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. Page 264 Item#16. C� fIEN DLAN HO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: February 8, 2022 Topic: Public Hearing for Rackham East/Eagle View Apartments (H-2021-0075) by Brighton Development, Inc., Located on the south side of I-84, 1/a. mile east of S. Eagle Rd. A. Request: Annexation of 25.76 acres of land with a C-G zoning district. B. Request: A Preliminary Plat consisting of two (2) multi-family residential building lots (i.e. Lots 1-2, Block 1) and six (6) commercial building lots (i.e. Lots 3-8, Block 1) on 29.7 acres of land. C. Request: A Conditional Use Permit for a multi-family development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 265 PUBLIC HEARING SIGN IN SHEET DATE : February 8 , 2022 ITEM # ON AGENDA : 16 PROJECT NAME : Rackham East/ Eagle View Apartments ( W2021 - 0075 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#16. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING February 8,2022 Legend DATE: - -- 0 Prnjeot Lacaiar TO: Mayor&City Council , FROM: Sonya Allen,Associate Planner f'- 208-884-5533 SUBJECT: H-2021-0075; CR-2022-0001 Rackham East—AZ,PP Eagle View Apartments—CUP,ALT, CR LOCATION: South side of I-84, 1/4 mile east of S. Eagle Rd.,in the south 1/2 of Section 16, ' l T.3N.,R.1E. 1 I. PROJECT DESCRIPTION Annexation(AZ) of 25.76 acres of land with a C-G zoning district; Preliminary Plat(PP)consisting of two(2)multi-family residential building lots(i.e. Lots 1-2,Block 1)and six(6) commercial building lots(i.e. Lots 3-8,Block 1) on 29.7 acres of land; and Conditional Use Permit(CUP) for a multi-family development consisting of 396 units on 15.94 acres of land in the proposed C-G zoning district. Alternative Compliance is requested to the following UDC standards with the CUP application: • UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets,to be allowed due the site design which enhances usable site amenities by placing them internal to the development with parking mostly on the periphery of the site; • UDC Table 11-3C-6,which doesn't include off-street parking standards for studio unit gpartments,to allow the parking standards for verticallygrated residential to apply; • UDC 11-4-3-27B.3,which requires a minimum of 80 square feet of private,usable open space to be provided for each unit,to allow zero(0) for studio units(0% of the standard), 54- 60 square feet(s.£) for 1-bedroom units(67.5%-75%of the standard) and 58-85 s.£ for 2- bedroom units (68%-106%of the standard). Note: The Applicant filed a request for City Council review of the Director's decision on this matter, see Section V.C,highlighted text,for more information. Page 1 Page 266 Item#16. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25.76-acres(AZ);29.7-acres(PP); 15.94-acres(CUP) Existing/Proposed Zoning R1 and RUT in Ada County(existing)/C-G(proposed) Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use(s) Vacant land(formerly single-family homes) Proposed Land Use(s) Commercial(mixed use)and multi-family apartments Lots(#and type;bldg./common) 8 buildable lots(2 multi-family&6 commercial)/0 common lots Phasing Plan(#of phases) 1 phase(plat);2 phases(CUP) Number of Residential Units(type 396 multi-family apartment units of units) Physical Features(waterways, The Ridenbaugh Canal runs along the east boundary of the hazards,flood plain,hillside) site. Neighborhood meeting date;#of 3/3/21 —6 attendees;and 9/1/21 —7 attendees attendees: History(previous approvals) None B. Community Metrics Description Details Pg Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was submitted. es/no Access One access is proposed via S.Rolling Hill Dr. from E. Overland (Arterial/Collectors/State Rd.to the south;and two driveways will provide access from the Hwy/Local)(Existing and commercial development to the west via S. Silverstone Way from Proposed) E. Overland Rd. (a signalized intersection exists at Silverstone/Overland) Traffic Level Of Service All road segments are projected to meet ACHD's acceptable level of service(LOS)thresholds for a 5-lanes principal arterial road under all conditions,except for during the PM peak hour for the segment of Overland Road between Eagle Road and Silverstone Way and Rolling Hill Drive under the 2023 total traffic conditions. Stub Two(2)driveways will be extended into the site from the west Street/Interconnectivity/Gros boundary. S.Rolling Hill Dr.will stub at the southern boundary s Access of the site. Existing Road Network S.Rolling Hill Dr.,a local street,extends from the south from Overland Rd.to the north boundary of the site. Existing Arterial Sidewalks/ There are no existing arterial streets on or abutting this site. Buffers Proposed Road Capital Improvements Plan(CIP}f Integrated Five Year Work Plan(IFYWP): Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIP to be widened to p 7-111 on the north and south legs, and S-lanes on the east and west legs, and reconstrucledlsignalized in the future.The design year is listed as 2025 in the IFYWP and the is listed to be improved between 2031 and 2035. • Overland Road is listed in the CIP to be widened to 7-lanes from Eagle Road to Cloverdale Road between 2036 and 204C and is listed as unfunded. The intersection of Cloverdale Road and Overland Road is listed in the CIP to he widened to 7-lanes on the north and south legs and S lanes on the east and west legs and signalized between 2026 and 2030_ West Ada School District Page 2 Page 267 Item#16. Description Details I Pg _ • Distance(elem,ms,hs) Approved prelim Approved MF plat parcels per units per Miles Enrollment Capacity attendance area attendance area me 11 • Capacity of Schools Pepper Ridge Elementary 542 675 313 360 1.6 Lewis&[lark Middle School 886 1000 774 1331 2.5 • #of Students Enrolled Centennial High School 1946 1900 443 1358 4.9 School of Choice Options Christine Donnell-Arts 489 500 N/A N/A S.3 Spalding Elementary-STEM 657 750 N/A N/A 1.S • Predicted#of students 40+/- generated from proposed development Police Service • Distance to Police 2.7 miles Station • Police Response Time Meets response time goals • Calls for Service 3,400(in RD `M752')—between 10/16/19 and 10/15/21) • %of calls for service %of P3 CFS 2.9% split by priority %of P2 CFS 76.0% %of Pi CFS 19.9% %of PO US 1.3% • Accessibility • Specialty/resource needs • Crimes 185 (RD—M752—between 10/16/19 and 10/15/21) • Crashes 224(RD—M752—between 10/16/19 and 10/15/21) • Other MPD can service this area if approved.For more info,see: https://weblink.meridiancity.org/WeUink/DocView.aspx?id=241 580&dbid=0&re o=MeridianCi &ci-1 Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.25 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Do not have a sewer stub to the south on Rolling Hill Dr.These properties will be serviced from Overland Rd. Water • Distance to Water Directly adjacent Services • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan Page 3 Page 268 Item#16. Description Details P • Impacts/Concerns The development needs a second connection to water. There are two options to do so; either connect to Overland Rd via S Rolling Hills Dr or connect to the northwest existing 16"water main. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend P-iect bma fmn o:ec': Lacs tear, J .0 84 Ada a MLJ-R IY-ic Ilkis d b Zoning Map Planned Development Map Legend Legend Project Lorca ian Project Lava far _ x + i City Limit — Planned Pa► sis r p $e�ta6� I- or 1 R R-�1. b RUT J b A. Applicant: Brighton Development, Inc. 2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owners: BVA Rolling Hills No. 1,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 Page 4 Page 269 Item#16. C. Representative: Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/16/2021 1/23/2022 newspaper Notification mailed to property owners within 300 feet 11/12/2021 1/21/2022 Applicant posted public hearing 11/22/2021 1/28/2022 notice on site Nextdoor posting 11/12/2021 1/21/2022 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use—Regional(MU-R). The purpose of the MU-R designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted in Figure 3D (pg. 3- 17). The Applicant proposes to develop the site with office(and possibly some secondary retail uses) and multi-family residential uses. The site is located near S.Eagle Rd. and E. Overland Rd., a major arterial intersection, and the Eagle Rd./I-84 interchange. The proposed offices will provide nearby employment opportunities and services for residents in the vicinity. Other commercial uses(offices, entertainment,multi-tenant retail,hotel, etc.)exist to the west in the larger MU-R designated area for a larger mix of uses as desired in MU-R designated areas. Pedestrian walkways are proposed for interconnectivity within the overall area. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staff's analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes office and multi family residential(i.e. apartments) which will add to the variety of uses planned in the larger MU-R designated area to the west consisting of office, retail, entertainment and hotel uses. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed multi family high density development should provide housing options in close proximity to nearby employment uses located along SH-55 and I-84. Page 5 Page 270 Item#16. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation." A conceptual development plan was submitted with the proposed annexation application for the subject property that's located within the MU-R designation. A Development Agreement that ties future development to this plan and the general guidelines for mixed use developments and specifically the MU-R designation is recommended as a provision of annexation. • "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." The conceptual development plan depicts a common area between the two office buildings that appears to meet this guideline; more details should be submitted on a site plan submitted for development of these buildings that comply with this guideline. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." Multi family residential uses are proposed on the southern portion of the site adjacent to existing rural residential properties as a transition and buffer to commercial office uses on the northern portion of the site.A 25 foot wide landscaped buffer with dense landscaping is also required in the C-G zoning district along the southern boundary of the site to residential uses. Staff also recommends a 6-foot tall sight obscuring fence is constructed along the southern boundary of the site as an added buffer to adjacent rural residential properties. • "Community-serving facilities such as hospitals, clinics, churches, schools,parks,daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." No such uses are specifically proposed in this development—the tenants of the office buildings are unknown at this time; however, St. Luke's hospital and medical offices are less than a mile away to the northwest of this site. • "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 are expected; outdoor seating areas at restaurants do not count." An outdoor gathering area is depicted on the conceptual development plan between the two office buildings on the northern portion of the site. Details should be submitted with development of these buildings that demonstrate compliance with this guideline. • "Mixed use areas should be 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." The proposed conceptual development plan depicts a plaza/gathering area between the two office buildings on the northern portion of the site.A pedestrian circulation network, which will connect to the larger 90-acre Eagle View/Rackham development to the west, is proposed around the perimeter of the overall development as well as throughout the site that provide pedestrian connections to the multi family development, office, retail, restaurant and hospitality uses within the development. Page 6 Page 271 Item#16. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed development is directly accessible to residents in Rolling Hill Subdivision to the south by vehicle via S. Rolling Hill Dr. There are no pedestrian pathway stubs to this site from the adjacent residential development. S. Rolling Hill Dr. is currently a substandard street and lacks pedestrian facilities;ACHD is r-equiri tg may require off-site improvements with this application consisting of a sidewalk along one side of Rolling Hill and possibly pavement widening if access via Rolling Hills isn't restricted to emer eenncy access only. The Ridenbaugh Canal provides a barrier between the subject property and the residential development to the east; no vehicular or pedestrian connections exist across the canal to this site. Staff recommends pathway stubs are provided at the southern boundary of the site near the west and east boundaries of the site for future extension upon redevelopment of the properties to the south for pedestrian connectivity with adjacent developments. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." A 25 foot wide densely landscaped buffer and a driveway is proposed along the southern boundary of the site as a transition and buffer between existing rural residential properties and the proposed high-density multi family residential development. • "Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pgs.3-16 thru 3-17): • Development should generally comply with the general guidelines for development in all Mixed-Use areas. Staffs analysis on the proposed project's compliance with these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. The total development area consists of 29.7 acres; the multi family residential portion consists of 15.94 acres, which is 53%of the site in accord with this guideline. Multi family apartments are proposed at a gross density of 24.8 units/acre, which falls within the desired density range. • Retail commercial uses should comprise a maximum of 50%of the development area. A mix of non-residential commercial uses will be provided on 47%of the development area in accord with this guideline. Retail uses are expected to comprise only a small portion of the development. Where the development proposes public and quasi-public uses to support the development,the developer may be eligible for additional area for retail development(beyond the allowed 50%), Page 7 Page 272 Item#16. based on the ratios below: • For land that is designated for a public use, such as a library or school,the developer is eligible for a 2:1 bonus. That is to say, if there is a one-acre library site planned and dedicated,the project would be eligible for two additional acres of retail development. • For active open space or passive recreation areas, such as a park,tot-lot, or playfield,the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area,the site would be eligible for 20 additional acres of retail development. • For plazas that are integrated into a retail project,the developer would be eligible for a 6:1 bonus. Such plazas should provide a focal point(such as a fountain, statue, and water feature), seating areas, and some weather protection. That would mean that by providing a half-acre plaza,the developer would be eligible for three additional acres of retail development. This guideline is not applicable as no public/quasi-public uses are proposed in the MU-R designated area on this site. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this 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) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. Urban services are available to be provided upon development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed commercial uses should be compatible with existing and future commercial uses to the west and the proposed residential apartments should be compatible with existing residential uses to the south. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed mix of residential and office uses will provide opportunities to live and work in close proximity. The existing and planned office, retail and entertainment uses to the west will provide nearby shopping, work and play opportunities to enhance livability and sustainability. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) Ancillary retail uses may be provided in the proposed office buildings; no stand-along retail uses are proposed on the site. However, retail/restaurant uses are anticipated in the multi- tenant building(s) within the development to the west. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) The conceptual development plan depicts a pathway within the street buffer along I-84. The pedestrian plan included in Section VITH depicts internal pedestrian walkways throughout Page 8 Page 273 Item#16. the site for safe and convenient access. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01C) A 50 foot wide landscaped street buffer is required to be provided along the northern boundary of the site on land that abuts I-84; noise mitigation is not required per UDC II- 3H-4D. • "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves."(3.03.03I) Excluding the outparcel(#51 11642 7890) along the northern boundary of the east portion of the site from the subject annexation and development plan will create a County enclave surrounded by City annexed land, which is not desired. Note: The Applicant is attempting to acquire this parcel. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban infrastructure is required to be provided with development in accord with UDC standards. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Annexation: The proposed annexation is for 25.76-acres of land with a C-G(General Retail and Service Commercial)zoning district. The proposed use of the property will include multi-family residential apartments and office uses. A multi-family development requires approval of a CUP in the C-G zoning district and is subject to the specific use standards for such listed in UDC 11-4-3- 27; office uses are principally permitted in the C-G zoning district as are retail uses. Staff recommended in the pre-application meeting to the Applicant that they request R-40 zoning for the multi-family portion of the development—they did not do so. The proposed use still requires approval of a CUP in the R-40 district; however,the R-40 zoning would more accurately reflect the land uses developed on the site when looking at the City's zoning map.For this reason, Staff recommends the multi-family portion of the site is zoned R-40 instead of C-G; the remainder of the site should be zoned C-G as requested.With this Page 9 Page 274 Item#16. change,new legal descriptions and exhibit maps should be submitted prior to the City Council hearing.Because the R-40 district is less intense than the C-G district, the project does not need to be re-noticed. The proposed C-G zoning and recommended R-40 zoning is consistent with the associated MU-R FLUM designation as are the proposed uses. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area is included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. Because this site is part of a larger 90-acre overall development that includes the property to the west, Staff recommends that DA(Inst. #2019-037825— Rackham)is amended to include this property and the provisions noted in Section VIII.A., To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a DA is required with this application, containing the provisions noted in Section VIII.A, as discussed herein. B. Preliminary Plat: The proposed plat is a re-subdivision of Lots 18 and 19,Block 1,Rackham Subdivision No. 1 and Lots 8-12,Block 2 and Lots 13-16,Block 1,Rolling Hill Subdivision. The proposed plat consists of two(2)multi-family residential building lots(i.e. Lots 1-2,Block 1)and six(6) commercial building lots(i.e. Lots 3-8,Block 1) on 29.7 acres of land and is proposed to be developed in one phase.Note: The Applicant anticipates that many of the commercial lots will be consolidated or realigned at the time offinal plat as users determine precise site area requirements. Staff recommends the property is subdivided prior to application for any building permits for the site; or,the existing PUDI easements and right-of-way for S.Rolling Hill Dr.may be vacated and a Property boundary adjustment application approved to consolidate the existing lots into one (1)parcel. Either method should be done prior to submittal of applications for building permits. Note: There is a 14-foot wide sliver of land(Parcel#51116427890)that exists to the north of the eastern portion of Lot 6 and Lots 7 and 8 that is not included in the proposed subdivision(see preliminary plat exhibit in Section VII.B).It appears to previously have been part of the right-of-way(ROW)for I-84 that was sold off as surplus ROW.It was not included as part of the adjacent building lots in the Rolling Hill Subdivision plat in 1968; therefore, Staff determines it to be an original parcel of record as defined in UDC 11-1A-1. As such,the subject property is deemed to be eligible for development without that parcel. However, Staff strongly urges the Applicant pursue obtaining the parcel and include it in this development; otherwise,there will be an undeveloped enclave with County zoning surrounded by City annexed land with no access and likely no maintenance of the property. Ideally,it would be included in the subject annexation and preliminary plat application, which would require re-noticing and a continuance of the hearing—Staff has suggested this to the Applicant but they wish to proceed without it as they continue trying to acquire the property. Since it is not included with this application,the applicant will have to submit a subsequent AZ application to the City for review and approval. Existing Structures/Site Improvements: There are no existing structures on this site; the previous homes and accessory structures have been removed. Page 10 Page 275 Item#16. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the C- G and R-40 zoning districts in UDC Tables 11-2B-3 and 11-2A-8. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. Access(UDC 11-3A-3) Access to the site exists via S. Rolling Hill Dr.,a local public street that currently extends from E. Overland Rd.to the south and runs through this site to the north boundary; this street will ultimately stub at the south boundary and may be restricted to emergency access onlX. The portion of Rolling Hill north of the southern boundary of the site is required to be vacated prior to signature on the final plat. Rolling Hills Dr. is not improved to urban standards(i.e. it's narrow, lacks street lights and doesn't have curb, gutter or sidewalk). Two(2) driveway accesses are proposed to be extended from the commercial property to the west for access via S. Silverstone Way from E. Overland Rd. ACHD has requested the Applicant submit an updated analysis to Staff for the intersection of Silverstone Way/Overland Rd. to see if the intersection can handle all of the traffic for this development if Rolling Hill Dr. is restricted to emergency access only. If so,ACHD will not require additional off-site improvements to Rolling Hill Dr. Cross-access/ingress-egress easements should be provided between all lots in the subdivision as well as to the properties to the west(Parcel#R7319432000&R7319431900)via a note on the final plat or a separate recorded easement in accord with UDC 11-3A-3A.2. Road Improvements: The intersection of Overland Rd. &Eagle Rd. is scheduled in the CIP to be widened to 7-lanes on the north and south legs, and 8-lanes on the east&west lei reconstructed/signalized in the future. The design year is listed as 2025 in the IFYWP and is listed to be improved between 2031 and 2035. Overland Rd. is listed in the CIP to be widened to 7-lanes from Eagle Rd. to Cloverdale Rd.between 2036 and 2040 and is listed as unfunded. The intersection of Cloverdale Rd. &Overland Rd. is listed in the CIP to be widened to 7-lanes on the north&south legs and 8-lan3s on the east&west legs and signalized between 2026 and 2030. If Rolling Hill Dr. isn't restricted to emergency access only ACHD is r-equirin will likely require the following improvements for Rolling Hill Dr.: restriction to right-in/right-out only; construction of passive traffic calming measures; improvement with 24-feet of pavement, 3-foot wide gravel shoulders and a 6-foot wide concrete sidewalk on one side of the street within existing right-of-way; and construction of a mini roundabout at the terminus. The segment of Rolling Hill Dr. within the site is required to be vacated. See ACHD's staff report in Section VIII.I for more information. Pathways(UDC 11-3A-8): There are no pathways depicted on the Pathways Master Plan for this site. Staff recommends internal pedestrian walkways are provided throughout the site for interconnectivity;where pedestrian walkways cross vehicular use areas they should be distinguished through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4. Sidewalks(UDC 11-3A-1 : There are no public streets proposed within this site; therefore, sidewalks are not required. Sidewalks are not required along I-84; however, a pathway is proposed within the buffer. ACHD is requiring a sidewalk to be constructed off-site along one side of S.Rolling Hill Dr.with development of this site. Page 11 Page 276 Item#16. Landscaping(UDC 11-3B): A 50-foot wide street buffer is required on Lots 3-6 along the north boundary of the site adjacent to I-84 per UDC Table 11-2B-3, landscaped per the standards listed in UDC 11-3B-7C. The buffer depicted on the landscape plan complies with this standard. The street buffer is required to be maintained by the property owner or business owners' association per UDC 11-3B-7C.2b and should be depicted on the plat in a common lot or permanent dedicated buffer. Landscaping is required adjacent to the pathway proposed along the northern boundary of the site in accord with the standards listed in UDC 11-3B-12C. A 5-foot wide landscape strip is required on both sides of the pathway planted with a mix of trees,shrubs,lawn and/or other vegetative ground cover. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical Engineering Report for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. Pressure Irrigation(UDC 11-3A-1�: Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. This property lies within the Nampa-Meridian Irrigation District boundary. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Staff recommends street lights are installed along S.Rolling Hill Dr. in accord with the City's adopted standards,specifications and ordinances in accord with UDC 11-3A-21. Waterways(UDC 11-3A-0: The Ridenbaugh Canal is a large open waterway that lies within a 100-foot wide NMID easement (50 feet on each side)along the east boundary of the site. The Applicant requests approval from City Council of a waiver to UDC 11-3A-6B,which requires canals to be piped when not used as a water amenity or linear open space as defined in UDC 11-1A-1,to leave the canal open due to its large capacity. Council may grant a waiver if it finds that the public purpose requiring such will not be served and public safety can be preserved.In order to ensure public safety can be preserved if the canal is approved to be left open,the Applicant proposes to construct a 6-foot tall open vision(wrought iron) fence along the eastern boundary of the site at the edge of the irrigation easement. This project is not within the flood plain. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is not depicted on the landscape plan; however, a 6-foot tall open vision wrought iron fence is proposed along the Ridenbaugh Canal to preserve public safety if Council approves a waiver to allow it to remain open and not be piped. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the future 5-story office buildings,4-story multi-family residential buildings,leasing and fitness buildings as shown in Section VII.I. Final design must comply with the design standards in the Architectural Standards Manual. Page 12 Page 277 Item#16. C. Conditional Use Permit(CUP): A CUP is requested for a multi-family development consisting of 396-units in four(4)4-story buildings on 15.94 acres of land in the proposed C-G zoning district.Unit types consist of 48 studio, 196 1-bedroom and 152 2-bedroom units. The proposed gross density of the development is 24.8 units per acre,which is consistent with that desired in MU-R designated areas.Note:Sta is recommending R-40 zoning, instead of C-G, for the multi-family residential portion of the development. Specific Use Standards (UDC 11-4-3-27): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios,and how they impact adjacent properties.Staff is unable to determine if the buildings depicted on the concept plan meet the minimum setback standard. The site plan submitted with the Certificate of Zoning Compliance application should clearly depict the property lines in order to determine compliance with this standard. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-513-5 of this title. Alternative Compliance is requested to this standard to allow zero (0)for studio units (0%of the standard), 54-60 square feet(s.f.)for 1-bedroom units (67.5%-75%of the standard)and 58-85 s.f. for 2-bedroom units(68%-106%of the standard). The Applicant's justification for the request is that the extraordinary site amenities proposed coupled with innovative,new urban design with an emphasis on integrated, internal open space, facilities,form the basis of the request in lieu of the standard. The Director is of the opinion that the requested reduction is too much for this site. As an alternative,the Director approves a 20%reduction(i.e. 64 square feet)for the reasons offered by the Applicant as justification for the reduction. The Applicant requests City Council review(CR-2022-0001) of the Director's decision in this matter as they feel their request is warranted based on, "the extraordinary site amenities that are proposed for the site,the unit type and mix, and the innovative and integrated design of the internal open space."City Council should make a determination on this request with the subject CUP application. If the action of the Director is upheld, the City Council's decision should state the reasons for the decision as set forth in UDC 11-5A-7D.lb. Page 13 Page 278 Item#16. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) These items should be depicted on the site plan submitted with the Certificate of Zoning Compliance application. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area.All units contain more than 500 square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 396 units contain between 500 and 1,200 square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.None of the units exceed 1,200 square feet of living area. At a minimum, a total of 99,000 sf. (or 2.27 acres) of outdoor common open space is required to be provided in the proposed development.A total of 3.49 acres is proposed consisting ofstreet/driveway buffers, area around leasing building, landscaped areas in parking lot and amenity areas, in excess of the minimum requirement as shown on the exhibit in Section VII.G. 2. Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20').All of the common open space areas depicted on the open space exhibit in Section VII.G meet this requirement. 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in two phases. The first phase will consist of the west two buildings along with their associated garages and carports, the west courtyard amenities, the leasing office and the fitness building. The second phase will consist of the Page 14 Page 279 Item#16. east two residential buildings along with their associated garages and carports, and the east courtyard amenities (see phasing plan in Section VILE). 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4- 2009)None of the common open space areas are located adjacent to a collector or arterial street. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100)in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2)separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 15 Page 280 Item#16. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 396-units, a minimum of 5 amenities are required but the decision-making body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequate for the size of the development. Amenities are proposed from each of the three categories in excess of the minimum standards (see list and exhibit in Section VIT G).Amenities include several outdoor sport courts/games (snook ball, cornhole boards, bocce ball,ping pong table, volleyball), open grassy areas at least 50'x 100'in size, walking trails, a swimmingpool, a clubhouse with a fitness facility, kitchen and lounge, shade structures with seating and outdoor seating around afire table. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscapeplan submitted with the Certificate of Zoning Compliance application should depict landscaping on all elevations facing the private drives in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B- 12C.A mix of trees,shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway. A minimum 25-foot wide buffer to residential uses is required with development along the southern boundary of the site per UDC Table 11-2B-3, landscaped per the standards in UDC 11- 3B-9C,which requires a mix of evergreen and deciduous trees, shrubs,lawn,or other vegetative ground cover. The buffer depicted on the landscape plan needs to be widened and additional landscaping depicted in accord with these standards. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. The UDC standards applicable to this application do not include minimum parking standards for studio units; the code has since been updated(on 10/5/21)to require one(1)space per studio unit. The Applicant has requested alternative compliance to allow the parking standards for vertically integrated residential to apply. Because one(1)space is Page 16 Page 281 Item#16. required for verticallygrated residential uses,which is the same as the current code for studio units,the Director finds this request acceptable and grants the request. Based on 48 studio, 196 1-bedroom units and 152 2-bedroom units, a minimum of 5-79 646 off- street spaces are required with 3%348 of those being in a covered carport or garage. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on 6,952 square feet, a minimum of 14 spaces are required to be provided. Overall, a minimum of 544 660 standard parking spaces are required. A total of 6-54 651 off-street spaces are proposed on-site with 394-398 of those being covered in garages SS 90)/carports 303 308); another 20 on-street spaces are proposed on the updated site plan along the future private street along the north boundary—these spaces can serve as ,guest parking but do not count toward the"off-street"parking requirement,,.,h ,.,, Hw4t ao&e ri r spaces.spaees; eompaet stalls are discouraged but may be used for parking above the number of required parking Additional parking(5 spaces) should be provided to meet the minimum standards; the site/landscape plan submitted with the Certificate of Zoning Compliance application should be revised to reflect compliance.Note: The calculations on the landscape plan state 651 spaces are proposed, which differs from that on the site plan. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. Based on 651 spaces, a minimum of 26 spaces are required.Bike racks should be provided in central locations for each building. Alternative Compliance(ALT)is also requested to UDC 11-3A-19B.3,which requires no more than 50%of the total off-street parking area for the site to be located between building facades and abutting streets,to be allowed due the site design which enhances usable site amenities by placing them internal to the development with parking mostly on the periphery of the site. Because the parking areas on the east and west sides of the site are screened by garages and there is only one drive aisle with parking on each side on the north and south sides of the site and internal parking between the structures, leaving less than 50%of the off-street parkin vg isible from the abutting street/driveway, Staff is of the opinion the site design complies with UDC standards without approval of ALT. Fencing:No fencing is depicted on the landscape plan for this development. A 6-foot tall open vision wrought iron fence is proposed along the Ridenbaugh canal to preserve public safety if Council approves a waiver to allow the canal to remain open and not be piped. As an added buffer to the two adjacent rural residential properties to the south in Rolling Hill Subdivision, Staff recommends a 6-foot tall sight obscuring fence or wall is constructed along the southern boundary of the site. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 4-story multi-family residential buildings, leasing and fitness buildings as shown in Section VILI. Final design must comply with the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. VI. DECISION A. Staff: Staff recommends approval of the requested annexation with the requirement of a development agreement,preliminary plat and conditional use permit with the provisions noted in Section VIII, per the Findings in Section IX. Page 17 Page 282 Item#16. B. The Meridian Planning&Zoning Commission heard these items on December 2, 2021 and January 6,2022.At the public hearing on January 61,the Commission moved to recommend approval of the subject AZ, PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Jon Wardle,Brighton Corp. (Applicant's Representative), Geoffrey Wardle b. In opposition:None C. Commenting: Alicia Eastman,Mike Blowers,Amy Wattles, Chris Majorca, Lynette Adsitt,Matt Adsitt, Chris Maiocca,Pam Ham d. Written testimony: Pam Ham e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) testimony a. Concern pertainin tg o high volume of traffic this project will generate on S. Rolling Hill Dr. (commercial traffic through a residential neighborhood)—request for bollards to be installed at the terminus of Rolling Hill Dr. at the southern boundary of this site that would block off traffic but that would provide emergency access to the site, b. Concern pertaining to construction traffic using S. Rolling Hill Dr. to access the site; c. Against proposed development due to loss of current lifestyle (livestock and effects to them from noise and traffic); d. The Applicant committed to limiting construction traffic via S. Rolling Hill Dr. and making Silverstone Way the primary access; e. Concern pertaining to location of wells alongRolling olling Hill Dr. and impact on such if improvements to Rolling Hill Dr. are required. 3. Key issue(s)of discussion by Commission. a. Concern pertaining to of traffic from this development on S. Rolling Hill Dr. and lack of urban improvements on Rolling Hill Dr.;possibility of restricting public access for the site via S. Rolling Hill Dr. for the development; b. Desire for the sliver of land along the northern boundary of the site (Parcel #S 1116427890)to be included in the annexation and preliminaa plat boundqU so as not to create an enclave surrounded by City annexed land and an access easement to be provided to that property for maintenance purposes; c. Need for additional off-street parkin to o be provided on the site in accord with UDC standards and possibility of a shared parking agreement with the adjacent property to the north as an alternative to on-site parking; 4. Commission change(s)to Staff recommendation: a. Include a condition for construction traffic for the proposed development to access the site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as committed to by the Applicant(see condition#VIII.A.lh); b. Requirement for the Applicant to submit a copy of the purchase agreement for the out- parcel at the north boundary in lieu of rig an access easement to that property(see condition#VIII.A.2a). 5. Outstandingissue(s)ssue(s) for City Council: a. The Commission requested the study of the Overland/Silverstone intersection with respect to sole access to the site from Silverstone be completed and reviewed by ACHD prior to the City Council hearing. This was completed and reviewed by ACHD with the followingfgs: The analysis and original study show that the intersection will operate exceeding level of service thresholds with&without the additional traffic from this development. ACHD is supportive of restricting Rolling Hill Dr. to emergency access only with this development since this intersection mainly serves the Rackham/ICCU development,this development is part of the overall Rackham Page 18 Page 283 Item#16. development area and the applicant understands the impacts of this additional traffic. Currently,there is not enough existing right-of-way at Silverstone Way/Overland Road intersection for additional improvements. b. The Applicant requests a new DA is required with the proposed annexation rather than an amendment to the existing DA as recommended initially—Staff is amenable to this request. c. The Applicant submitted a request for City Council review of the Director's decision on the request for alternative compliance to the private usable open space standards listed in UDC 11-4-3-27B.3. Page 19 Page 284 Item#16. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map NOT APPROVED lam E N G I N E E R I N G June 2,2021 Project No.20-219 Exhibit A Legal Description for Annexation and Rezone to C-G Rackham Subdivision No.2 A parcel of land being lots 13 through 16,Block 1, Lots 8 through 12,Block 2 of Rolling Hill Subdivision (Book 18 of Plats at Page 1,202,records of Ada County,Idaho)and unplatted land situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,B.M.,Ada County,Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00°05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,500'05'15"E a distance of 227.22 feet to a 5/8-inch rebar on the southerly right-of-way line of Interstate 84 and being the POINT OF BEGINNING. Thence following said southerly right-of-way line,S89'34'32"E a distance of 672.76 feet; Thence leaving said southerly right-of-way line,500°00'07"E a distance of 14.37 feet; Thence S89°15'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3 (Book 77 at Page 8,098,records of Ada County,Idaho)and the centerline of the Ridenbaugh Canal; Thence following said westerly boundary and said centerline the following two(2)courses: 1. S12°52'54"W a distance of 489-S0 feet; 2. S14°05'22"W a distance of 627.49 feet to a 5/8-inch rebar on the southerly line of said Northwest 1/4 of the Southeast 1/4; Thence leaving said westerly line and said centerline and following said southerly line,N89'14'19"W a distance of 887.95 feet to the Southwest corner of said Northwest 1/4 of the Southeast 1/4(Center- South 1/16 corner); Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast 1/4,N00°05'15"W a distance of 1099.57 feet to the POINT OF BEGINNING. Said parcel contains a total of 25.76 acres,more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. p1 a 12459 OF � •2.202-1 5725 North Discovery Way•soi5e,Idaho Wi3• 2ca.639.5019• kmengilp,com Page 20 Page 285 Item#16. POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 SQO'05'15"E 227.22' (TIE) Interstate i44ES189'11 S00'00'07"E POINT OF BEGINNING 4.37S89'34'32""E 672.76' 5'23"E 478.72' Parcel i Parcel ,q R7555000280 S11164279SO ai Parcel I V R7555000160 = I m '2 I rn L Parcel R755500027D Annexatlon Area:2S.76±AC. ;n o Proposed Zoning:C-G � I � Parcel Un fatted ,.-;�, o� R7555000261 Parcel I� P o Ln Z o R7555000151I� Parcel ° Ea Parcel = •r .5 S1116428010 o R7555000265 ;n 7 Parcel i Centerline of c`h Parcel R7555000155 'I i Ridenbaugh o a L Canal 3 o R7555000251 a m I Parcel Parcel I v R7555000255 R7555000140 rti I � o t •� x Parcel '^ R7555000240 Parcel I o R755SOCC130 - I � N89'14'19"W 887.95' S00'05'15"E 1326.80' (TIE) Rolling Hill Jewel Subdivision Subdivision FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 ❑ 200 400 600 &am (k Plan Scale: 1"=200' E N G I N E E R I N G 5725 NUATH DISCOVERY WAY s0156•IOAKO"?" RIioN E I20616395939 Exhibit B -Annexation and Rezone to C-G kmengPp.corn Rackham Subdivision No. 2 GATE: JVn@2921 PROJECT: 2�-219 SHEET_ Lots 13-15, Block 1, Lots 8-12, Block 2 and unplatted land in a portion of the 1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16,T3N., R1E., B.M.,Ada County, Idaho Page 21 Page 286 Item#16. B. Preliminary Plat(date: 10/25/2021) PRELIMINARY PLAT SHOWING RACKHAM EAST SUBDIVISION A RE-SUBDIVISION OF LOTS 13-16,BLOCK 1,LOTS B-12,BLOCK 2OF ROLLING HILL SUBDIVISION, d LOTS 18-19,BLOCK 1 OF RACKHAM SUBDIV151ON AND UNPLATTED LANDS ALL SITUATED IN A PORTION OF THE NE 1/4 OF THE SW 114 AND THE NW 1/4 OF THE SE 114 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN, N CITY OF MERIDIAN,ADA COUNTY,IDAHO - JUNE 2021 y �• - uv.xcmmru,muownws oeeo,xu __ L•�vw� SNRVEY CONFROLM1O'ES 8 C-6 C-G [-G [-G [-G C ' PRELIMINARY PIAT R0.TR .� xsua r y oas mm...r X C G IPRELIMINAMPWTN-5 y� w . ra[uwu 1 �_—__�sl ins m �� mvnewwu tslt nx n[wn a:wm rr,wra mm�m iw[wes cn'cwn ..m sm•x I I I �n..nxoo.��.�o.o...a.w.�.�o.Q,.vmm..m v.o... ��—.—w.xv drx.an. vrnn ie I I I i ¢nmai a:wvv imo ac cmw uwm.unx,w rv,me my v xew.nw mo rcr'w mx�o qq 1 -[ RACKH �a�.x. ` AM EA57 SUBDIVISION MERo AN.II) W6phNOn -- I II mE�r,nn PRE-li—ARw PIAT RMk] km ` vrr.nvr aTwu I1 - COIR0.Cf INFORMATION w M.....uaa.m„ .........� PP1.0 Page 22 Page 287 Item#16. C. Landscape Plan—Preliminary Plat(date: 10/15/2021) III C£ C—G C—G C—G C—G C6 e r S E'i ply• - fI I — "�^"� �"^'®• n ��� —`- — "--�� -— InNf1 RACKHAMIEAST SUBDIVISION �•+ e'R�R m"E"� 8 �� m MERIDIAN,ID s� PHfDMINAIIY P WT AN—Pf PAN PRELIMINARY PLAT LANDSCAPE PLAN 'sagg o .. m"' n..� a m �"gro. TOTALSTREE TREES MMI TIDN REQUIREMENTS �.e.m�mr=om --REQUIRED/1-1— PPLi.O Page 23 Page 288 Item#16. D. Conceptual Development Plan Oiz x . tz It i J B — xx f W k � � Q � o w e Z — mtlm w > w — 3e a _ J Q 1� Uj e c � f Page 24 Page 289 Item#16. E. Site Plan—Conditional Use Permit(dated: 6/3/24 1/6/22) &Phasing Plan I'M 11 T TFL- �Vr.T I-.IT ------------ ----------- i i h Tl,�n i rn T lj jib � � r f,'. _��...,� 'w , LIJ,i I ;T" I T km r-11 n T CLO Page 25 Item#16. Phase ti r t ' .. 4w }n �r r e ti f � w Phase 1 w Page 26 Page 291 Item#16. Updated Site Plan with on-drive aisle parking(1/3/22): (20 extra parallel parking spaces) -T f 1 J i EAGLE VIEW APARTMENTS BRIGHTON CONCEPTUAL,SUBJECTTO CHANGE .,, .,, '-`- T _ r Ir LL I L J L� -q G ... ..- I Hill PRIVATEURNE - a/ I Page 27 Page 292 Item#16. F. Landscape Plan—Conditional Use Permit(dated: 6/3/21) AM F- �� i w ., I s„mwo..o: srrc wo,m•,ww. m�mu mm.mwn.xr�,mown �asu.+'& �� '❑O '� FIJ - �J .. .,. ti --- ---- — ----- ------ -- � .�m�m �aeUn= - a VY i- PPP''' I anm wMm i.wn..mnroe.comm.sev 11 p w.>m mm.+�+omwrossm.uay..ra sx ns.vLL ak A P I e R n- Ip' us OfIOW1E6 m nE ' A a 3 a o w� e p1 � p� wE W s CUP LANDSCAPE PLAN BUFFER WIDTHS AND TREE CADCU WTIONS(1TREE/35 LF) 4NOTN0FZPA13NKING[LOTPERIMETERLAND—E—P F1 PF.__ -,.u :•w av a»x ws� a NEEPM6 � saw an maw ss PARKINGCALCULATIONS ���✓✓ imr.a.�-]IIF�L].Ln ••" :�•••• �� �• re«oenva[svneuorvE •� �•'�` n... •••®`� nEm (� y — s�r�ssmoumr rrvu. aYss ws. s iN ,,. PARKING ISU\NQ TREESea emu. F.,'F_ :•wav vw �. ss ® w�wer.aw;m.uwvnxs - ..mss M TREESPEOESMIX MITIGATION REQUIREMENTS Qse ur„sr�.,�.<- ,•• ,• ��••• ssm �• ss ® �•�•�� - u•"'ss a,. m=�=s�Mom<.. TOTAL TREFSR Page 28 Page 293 Item#16. G. Open Space Exhibit for Multi-Family Development(dated: 6/3/21) &Amenities iiiiiiiiiiiuiiiiiiiiiiiuiiiiiiiiiiI �4ti��Po� i I s L L � c �1CONOITIONAL USE PERMIT QUALIFIED OPEN SPACE EXHIBIT C o PRfLIMINANY ATf CALCUTATIONS �.s.ame ,er pus _� nmwm.« k 1 Exi.o Page 29 Page 294 Item#16. • Amenities o Central Core Amenities ■ 24-hour resident lounge ■ Warming kitchen ■ Entertainment area ■ Game area ■ 24-hour fitness center featuring Rogue equipment ■ Locker Rooms with showers ■ Zoom conference room(s) ■ Wi-fi throughout all amenity areas ■ Resort style pool &year-round spa ■ Pool-side patio and grilling area ■ Outdoor pool lounge ■ Amazon parcel system ■ Dwelo Smart Home Technology o West Courtyard (seepage 10 for exhibit) ■ Shade structure ■ Outdoor Kitchen with BBQ Grill ■ Benches ■ Outdoor seating surrounding a Fire Table ■ Festoon lighting ■ Cornhole ■ Outdoor Ping Pong Table ■ Sand Volleyball o East Courtyard (seepage 10 for exhibit) ■ Shade Structure ■ Outdoor Kitchen with BBQ Grill • Benches ■ Outdoor seating surrounding a Fire Table ■ String Lights ■ Cornhole ■ Outdoor Ping Pong Table ■ Snook Ball Court ■ Bocce Ball Court Page 30 Page 295 Item#16. AMENITY FEATURES OJ'DOOA MlfcmtN wrtm SERIES PLANTER YOM, RUILT-u;GRILL. ' DAMS COLDR ROM DARK GUY_ SUES VARIER: O ASP-TT.ASP-il 0. h W CORNEIDIf RGa R05—-�_ _ - —OuT0G0R/rNG AONG TAN.[. f.. 4—iEa'G-CDT CDNCRETM. r r f l �— MBCC 5 ANO IIG D C tow C YC 4 !OATS MDR STRMG LICH? L'] S"O VDLUfTULE—__1 _. JEl courtr wrt-+a• ` �� -nRE TAKE,SA fErr 7W ~�. —OOfODOR SEaIUC. COW MTE STE'PTf= �c\ sOf4 1 J fl •R -- .-. RELDIRD LMX)UU f PAVERS. 'F P cl __--. ! / __ OVLRHLFO 51410E STRC. IFRCtl4 OR Slua SAU. E Suu. E7 © W WEST APARTMENT COMPLEX a Page 31 Page 296 Item#16. AMENITYFEATURES QUTDWR R/TCefx 1ASX� NMI—f*1Ll t ���� �___..- CRC[ST-om OaCd1AIM POSTS FOR STRING IIGXT ATTAtMx[xl_ fR[C STATON6 D[Cwwwl MISTS - — •.�. - _ z Am srnw[ "OT ATTAtHWEWi. �bm"Ift",MINN,,ASPCCT S[R45 ¢ J pl"TEA Pon 0-m CCIOF eau DOM GMT. 4 DYfRW[AD CUM"ST IAMTS. SIZES YAR0.S� � _ AfP-TT.ASP-21 Q [Cft[GAT DES"ASPECr S[SiS— � ��•_�—.. _� it r _— Sxppis PALL cwv ►LhNuv TUTS. Dam Cold[eoba sus`�"S. n Ap_n,ASP_2f � —..ceawXeu eo.xos --&XU eut cOuaT. co -t� S - a'aa•coxr.R[r[sAwna - r r •'A.'CON:RCTC SAWWT-�••�- w / '4 gr " OUIDQOT PIN{;PDPIfo fAVLL- eCi pa NDD L"YEAS.. Cu1DDDrr S[Afleo. - OyERMEAO SX+U[ . If R a i m EAST APARTMENT COMPLEX Page 32 Page 297 Item#16. H. Pedestrian Circulation Plan z2 R{ 4r a 0 �s x � 9 L 1 i no r ��II 77 U' iL II J tz _. 8 ®V • ei LU ai i w o e3 c I e e e _. ��Ilfll� Page 33 Page 298 Item#16. I. Conceptual Building Elevations (dated: 5/31/2021) 99 ee All a° °o 91 0 99 EU doIMP z, jj Jfi ..mm aV�,+Ww..NDm•Nd..���BUELDI..G®•�..,..�....e...e�m��,ir�..am. H d • m� e��e v�Fuv uua� au�olrv��rn ....4i..__..•...�. Page 34 Page 299 Item#16. - I AA@99 I# a — p as - AI ® ggB a ao LE,oEXLLN Page 35 Page 300 — oe��oA,E_19! _111— NCI 111 i - ,n „� i■-= III -iii --III = 1i� iii- ILL I I � -1 1■ 111 I i11� 11 III �� ,I i( yea ,I II ��■:�is c � SIGNAGE I I � I 1 n Item#16. VIII. CITY/AGENCY COMMENTS & CONDITIONS Staff recommends the multi-family portion of the site is zoned R-40 instead of C-G; the remainder of the site should be zoned C-G as requested.With this change,updated legal descriptions and exhibit maps shall be submitted prior to the City Council hearing. A. PLANNING DIVISION 1. An amendment to the existing Development Agreement(DA) (Inst. #2019-037825 H-2019- 0005) for the Rackham development is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, an amended DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption. An application for such shall be submitted to the City,preferably so that it can go to Council concurrently with the subject applications; a development plan for the overall area should be submitted with the application that is consistent with the MU-R FLUM designation. The amended 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 specific provisions for the amended DA pertaining to this site will be determined at the time of submittal of the application; the following provisions may be included: a. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan,phasing plan, conceptual development plan,pedestrian circulation plan and conceptual building elevations submitted with the application contained herein. b. The two(2)office buildings proposed on the northern portion of the site shall be arranged to create some form of common,usable gathering area, such as a plaza or green space in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the conceptual development plan with landscaping along the pathway as set forth in UDC I I- 3B-12C. Also provide internal pedestrian walkways throughout the site for interconnectivity; where pedestrian walkways cross vehicular use areas they shall be distinguished through the use of pavers,colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. d. All future structures constructed on this site shall comply with the design standards in the Architectural Standards Manual. e. The final plat shall be recorded prior-to issuanee of building pemaits for-any stmetw this side; or,the existing PUDI easements and right-of-way for S. Rolling Hill Dr. shall be vacated and a property boundary adjustment application approved to consolidate the existing lots into one(1)parcel prior to submittal of any building permit applications for the site. £ Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development, is required. g Provide g site; o or,s for-S n lling 1441 Dr. eensistentwith Ada r,.tmty feet where needed, 3 feet wide gr-a-vel shoulder-s a-ad 6 feet wide sidewalk on one side of per If off-site improvements are required to Rolling Hill Dr. by ACHD,the Applicant shall comply with those requirements. Streetlights shall also be installed along S. Rolling Hill Dr. in accord with the City's adopted standards, specifications and ordinances in accord with UDC 11-3A-21 if ACHD requires off-site improvements to S. Rolling Hill Dr. Page 38 Page 303 Item#16. h. Construction traffic for the proposed development shall access the site from the west via Silverstone Way rather than from S. Rolling Hill Dr. as committed to b, t�Pplicant. Preliminary Plat: 2. The final plat shall include the following revisions: a. Include a note granting cross-access/ingress-egress easements between all lots in the subdivision as well as to the properties to the west(Parcel#R7319432000& R7319431900) and to the north(Parcel#S 1116427890)via a note on the final plat or a separate recorded easement in accord with UDC 11-3A-3A.2. In lieu of granting an access easement to Parcel#S 1116427890,the Applicant shall submit a cop, of the purchase agreement or warranty deed in their name for the out-parcel. b. Depict the street buffer along I-84 on Lots 3-6 in a common lot or a permanent dedicated buffer,maintained by the property owner or business owners' association per UDC I I- 3B-7C.2b. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Depict a pathway within the street buffer along 1-84 as shown on the CUP landscape plan with landscaping in accord with the standards listed in UDC 11-3B-12C.A 5-foot wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. b. Depict a 6-foot tall wrought iron fence along the east boundary of the site adjacent to the Ridenbaugh Canal outside of the NMID's irrigation easement. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11-2A-8 for the R-40 zoningdi . 5. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. The Applicant requests approval of a waiver from City Council to leave the Ridenbaugh Canal open. 6. Cr-E)ss aeeess/iagFess egress easements shall be pfevided between all lots in the subdivision as well as to the pFeper-ties to the west(Par-eel#R7319432000 &R7319431900)via a note Off the final plat or-a separate r-eeor-ded easement in aeeer-d with ULDC 11 Included in condition#2a above. 7. The right-of-way for the portion of S. Rolling Hill Dr.north of the southern boundary of the site shall be vacated prior to signature on the final plat. site.8. The pr-epeAy shall be subdivided prior-to issuanee of any building penmits for-the Not necessary to include as a plat condition as it's included as a DA provision above in Section VIII.A.1 e. Conditional Use Permit: 9. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development is required. 10. The site/landscape plans included in Section VII shall be revised as follows: a. the site as set feFth in UPC Table 11 2 4, !a-ndseaped per-the standards listed in UPC; M 3B 9GA nik ef evergreen and deeiduous trees, s-hrHbs, lawn, ar at-her vege�ative Page 39 Page 304 Item#16. ground e . 4 within the buffer-, whiehshall be installed at the fime of 18 development. Not required with R-40 zoning. b. Depict all property lines in order to demonstrate compliance with the minimum setback requirements listed in UDC Table 11-2B 3 11-2A-8 and 11-4-3-27B.1. c. 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 in accord with UDC I1-4-3- 27B.2. d. Depict the location of the property management office;maintenance storage area; central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access; and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3- 27B.7. e. Depict a 6-foot tall sight obscuring fence or wall along the southern boundary of the site as an added buffer to the rural residential properties to the south in Rolling Hill Subdivision. f. Depict landscaping along all elevations that face the private drives in accord with the standards listed in UDC 11-4-3-27E. g. Depict landscaping along all pathways per the standards listed in UDC 11-3B-12C.A mix of trees, shrubs, lawn and/or other vegetative ground cover with a minimum of one (1) tree per 100 linear feet of pathway. h. Depict pathway stubs at the southern boundary of the site near the west and east boundaries of the site for future extension upon redevelopment of the properties to the south for pedestrian connectivity with adjacent developments. i. Depict a minimum of 26 bicycle parking spaces per the standards listed in UDC 11-3C- 6G;bicycle parking facilities shall comply with the standards listed in UDC 11-3C-5C. Bike racks shall be provided in central locations for each building. j. Gempaet-par-king stalls are diseaur-aged but may be used for-pafking above the Pwfflber-e requir-ed pafking spuees per-UPC 1-1 4C-344-. Based on the number of bedrooms per unit and square footage of the clubhouse proposed, a minimum of 660 standard off-street parking spaces are required with 348 of those being in a covered carport or garage. If these numbers/square foota eg change parking may be ad iusted accordingly to comply with applicable UDC standards. Parking standard alternatives are listed in UDC 11-3C- 7. k. Minimum 7-foot wide sidewalks shall be provided where parking abuts sidewalks if wheel stops aren't proposed to prevent vehicle overhang in accord with UDC 11-3C-5B4; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. The Director approved the Applicant's request for Alternative Compliance to the private usable open space standards in UDC 11-4-3-27.B.3 with a modification to the request to allow a maximum reduction of 20%(i.e. 64 square feet)to the standard. 12. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area as set forth in UDC 11-4-3-27B.5. Page 40 Page 305 Item#16. 13. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3-27F.A recorded copy of the document shall be submitted prior to issuance of the first Certificate of Occupancy for the development. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Instead of running parallel 6" and 8" water main,change the layout to a single 8" water main, connect the hydrant,then install a jurisdictional valve to the fire service line. 1.2 Do not have a sewer stub to the south on S Rolling Hills Dr. These properties will be served from Overland Rd. 1.3 Ensure no permanent structures are within any City easements including but not limited to buildings, car ports,trash enclosures,trees, shrubs, fences,light poles, infiltration trenches, etc. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point Page 41 Page 306 Item#16. connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been Page 42 Page 307 Item#16. installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=241985&dbid=0&repo=MeridianC Lty D. POLICE DEPARTMENT hgps://weblink.meridiancity.org/WebLink/Doc View.aspx?id=241580&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=242184&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=243206&dbid=0&repo=MeridianC Lty G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=244287&dbid=0&repo=MeridianC Lty Page 43 Page 308 Item#16. H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciN.ofglWebLinkIDocView.aspx?id=244309&dbid=0&repo=MeridianC Lty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=240968&dbid=0&repo=MeridianC hty https://weblink.meridiancity.org/WebLink/DocView.aspx?id=250050&dbid=0&repo=MeridianC ky 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; The Commission finds the proposed zoning map amendment to C-G and subsequent development is consistent with the Comprehensive Plan and the MU-R FL UM designation. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment will allow for the development of a mix of office and multi family residential uses which will assist in providing for the service needs of area residents consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. B. Preliminary Plat: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Page 44 Page 309 Item#16. Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section IV of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, The Commission is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. C. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the future land use map designation of MU-R and is allowed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with Page 45 Page 310 Item#16. the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The Commission finds that essential public services are available to this property and that the use will be adequately served by these facilities. A Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: l. Strict adherence or application of the requirements is not feasible; OR The Director finds UDC Table 11-3C-6 does not include parking requirements for studio units: therefore, this finding does not apply. The Director finds strict adherence or application of the requirements in UDC 11-4-3-27B.3 is feasible but to comply, the number of units may need to be reduced or other changes made to the development plan. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the proposed alternative compliance of providing parking for studio units consist with the standards for vertically integrated residential units, which is also consistent with current updated standards for studio units,provides an equal means for meeting the requirement. The Director finds the proposed alternative compliance to the private usable open space standards in UDC 11-4-3-27B.3 for each unit unacceptable but does find a reduction of20% acceptable due to the extraordinary site amenities proposed along with the innovative, new urban design with an emphasis on integrated, internal open space and facilities proposed. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative means of compliance to UDC Table 11-3C-6 and the Director's alternative approval to the Applicant's proposal for alternative compliance to 11-4-3-27B.3 will not be detrimental to the public welfare or impair the intended use%haracter of the surrounding properties. Page 46 Page 311 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Rackham East Eagle View Apartments Annexation & Zoning Preliminary Plat Conditional Use Permit City Council — February 8, 2022 • Applications oAnnex lZone / PrePlat oCUP • Discussion Items oSite Access oPrivate Open Space oParking ANNEXATION REZONE / PREmPLAT Rackham East & Eagle View Apartments 3 —.[� Jf jp Rackham _ Rackham (Original) East g r a t � � ti � � .k + .,; }•'� fir. I, v P. 41 W r r .. Fq Mxar Te naiogi�' { � � -- gloWl - i � t i II Racl<ham East — - 11M= s � � ■ ti- f _ x .. � W ZF S � � _ , 29.7 Acres x Preliminary Plat W JAJffB ;'� • ,� _ r a _ _ • Fq M xar Te nai0gif - i N 7i _ �Ii11r111Ns11lI - s � - � Alllrll�Illla _ C ;� � IIt11f11� - 1=moil R p 1�1 1 - �1 F �5��/• r 1 1111FIgli1N1 it 1 1 1 + Irr111Ait1t11lllill �I* r` � 11{IIlllill� � � 1111{IYIIINIFiI il � 1r 1 1 1 � — �flllllerinlltll�8� �i� Ip 11 r �� E � � _� '` • .� • � . 3 �Illrullrllrll>EII l il; � 'f �I. Rackham y Rackham (Original) 1 - East r C� Sm t �� � - �' � � - � � ate •� � MWININI 1 it _ 1 1 age O 2021 Max nologi �— PRE - PLAT I� g I� Y"rEasrnTE q �I 732' 172' 17$' 157, � 50!1S73T 479L72'——— �# 774' 2w .a BMRl � F M W M C_G { m C - c- - L,Ma 23�33 YF , PRELIMINARY PLAT DATA 1 LGT3 - 10T7 -'- _ 10Tc r P.9 AC.3 Xl.1+U]L 9L�933F iF,"' •ItiyJX51 ;a,017 y+ 51TE DATA CLJRRENT ZONING R1 PROPOSED ZONING C—G Corn jnercial area COMPREHENSIVE PLAN DESIGNATION MIXED USE REGIONAL RACOAM �iyx # ` COMMERCIAL AREA (C—G) LOTS 3-8 13.8 ACRES suppN1514H ,�E ; RESIDENTIAL AREA (,--40)LOTS 1,2 15.9 ACRES WW17 O r TOTAL SITE AREA 29.7 ACRES `may— .6s •s for 7Y TOTAL LOTS 8 ca Residential area (modify to R-40) C-G G 195.iti.'k LUT1 � S l:•il I � §Og7979F fi7ALs PRELIMI ... Wf- 15T THE O _ 279 aq5 M7,a P, M{F� +�P`1+'111f 13]Y.3C' S�•1i'1 r•._ ,9 . .. — OF IEADYIN. HCyll}4J4YfJu 3, MO411011 M C,Ip CEx1FF.�CM U*^]SEER gEarl11 31 fi7RhBp N-1n9'n I I 1 MMA..Ws EAGLE VIEW MASTER PLAN Entertainn _ IW i ry � •.' - n II Illlir� ..l '17 r r' F P9 r Ih • }- L • R _ ti t _ . .. COMP PLAN _ .. LPm Rackha m East is consistent with the City s Comprehensive Plan, Future Land : Use Map and Policies. From the Staff _ LL W3 Report : E ONYX ST fir!" r ,,:. In summary, Staff believes the proposed W LU E 1flE un rq CIR development plan is generally consistent p p g Y with the vision of the Comprehensive- - : W OVERLAND RD ' Plan for this area per the analysis above." 0 SITE ACCESS SITE ACCESS Future Sidewal ■, all � �y,� m (Ori' nal) NPMOR � - Rackham East - " lei" _ , 40 + r i r � y I • + .� ,. - _ -- �..3vq - - * Illiil�i a sl.Ir••�IM1Y1 ♦ lop 1 I. i = s � ik I ' Q y ACHD and - • O ! Firehave reviewed .approved r r f - closure of F r LU X Rolling Hill Drive for l c� 0 EmergencyAccess. , r W _, . . I � Will workbothowl kd TW turnaround and closure. Jagencies to expedite the l— Fq M�xarTe naiogi�' { �� ���, i_ - .� ��� � I �• ACHD STAFF REPORT ACHD has provided two options related to Rolling Hill Drive D . Site Specific Conditions of Approval I . If the applicant chooses to request to restrict the site's access to Rolling Hill Drive to emergency access only, then the applicant should be required to submit an updated operational analysis to EMERGENCY staff for the intersection of Silverstone lay/Overland Road with the traffic from Phases 1 and 2 of ACCESS ONLY the development under the 2022 conditions and traffic from the full buildout under the 202 conditions, and the estimated ADT and peals hour trips on Silverstone Way with Phases 1 and 2 Cul-de-sac under the 2022 conditions and all Phases under the 2023 conditions. ACHD will determine if turnaround restricting the site's access to Rolling Hill Drive to emergency access only will be acceptable based on the updated analysis and District Policy. 2. If the applicant chooses to not use Rolling Hill Drive as emergency access only, or ACHD determines that access to Rolling Hill Drive for the site is necessary based on the updated analysis, the applicant shall be required to restrict Rolling Hill Drive on Overland Road to right-inlright-out only with a 5-inch raised candles/median with the first phase of the development prior to ACHD's final approval on the first final plat and after the private road, Rackham Way, is completed from Silverstone Way to Rolling Hill Drive. Provide a public access easement over the private road, Rackham Way. The following is also required if Rolling Hill Drive will be used to access the site: ACHD STAFF REPORT ACHD has provided two options related to Rolling Hill Drive D . Site Specific Conditions of Approval I . If the applicant chooses to request to restrict the site's access to Rolling Hill Drive to emergency access only, then the applicant should be required to submit an updated operational analysis to EMERGENCY staff for the intersection of Silverstone lay/Overland Road with the traffic from Phases 1 and 2 of ACCESS ONLY the development under the 2022 conditions and traffic from the full buildout under the 202 conditions, and the estimated ADT and peals hour trips on Silverstone Way with Phases 1 and 2 Cul-de-sac under the 2022 conditions and all Phases under the 2023 conditions. ACHD will determine if turnaround restricting the site's access to Rolling Hill Drive to emergency access only will be acceptable based on the updated analysis and District Policy. F d on the updated anaI sis, staff is supportive of the appIicant restricting Rolling Hill Drive to ACHD Memo gency access only for Rackhanm East Subdivision. 2/4/2022 2. If the applicant chooses to not use Rolling Hill Drive as emergency access only, or ACHD determines that access to Rolling Hill Drive for the site is necessary based on the updated analysis, the applicant shall be required to restrict Rolling Hill Drive on Overland Road to right-inlright-out only with a 5-inch raised candles/median with the first phase of the development prior to ACHD's final approval on the first final plat and after the private road, Rackham Way, is completed from Silverstone Way to Rolling Hill Drive. Provide a public access easement over the private road, Rackham Way. The following is also required if Rolling Hill Drive will be used to access the site: ANNEX REZONE PRE = PLAT Summary • Complies with the Comprehensive Plan • Will modify the rezone to R-40 ( instead of C-G ) • Will close Rolling Hill except for emergency access • Request Waiver to NOT pipe the Ridenbaugh Request Approval • Annex / Rezone / Pre- Plat • Development Agreement 14 CONDITIONAL USE PERMIT or Eagle View Apartments 19ppomm"IML CUP PHASE I PHA 2 Project Details S EAGLE VIEW APARTMENTS S� _ 21B-Uh1,,ts BRIG HTON 178 Units 15.94 Acres / 24.8 units per acre -��- CONCEPTUAL,SUBJECTTD CHANGE ME f Living Types .■.■,..I................ ..........�..: ■. __ Studio (616 sf): 48 - - - - ----- ' y 1 Bed (696 sf): 196 v C OGi i �'T RI I rwmI 2 Bed (977 sf): 152 y _ 0 . ■ 396 units Parking ■ ,_ • j I Required: 648+12=660 Provided: 651+20=671 Bike: 32 M Qualified1 Open Space #.� I 19 v� fL,l « • 21.9%/3.49 acres i L _ Two Phases - --- • 218 units ' 178 units _ PRIVATE DRIVE • ' • -TT�'Yfr771lrrF__�i EAGLE VIEW APARTMENTS • 396 Residential Units • 12% Studio, 50% 1 B, 38% 2B • 3.5 acres outdoor open space • 4,800 sf clubhouse / fitness 3,000 sf leasing / mail Project unit design provides the following per-unit balcony/deck area: PP • 196 one-bed units: 54-60 sf depending on layout _ � r _ (67.5/ 75/ of standard) 152 two-bed units: 58-85 sf (68/ 106/ of standard) • 48 studio units -0- sf - __ OPEN SPACE & AMENITIES EAGLE VIEWAPARTMENTs BRIGHTON . .. _ r CFP L.WENCT M[w NU ion Pat r -®®❑ WEST APARTMENT COMPLEX EAST APARTMENT CUAM1VLf7f - Leasing Fitness & Gathering Clubhouse 3,000 sf � 4,800 sf mv, FAA,, r r - i, �i AMENITIES CENTER AMENITIES EAGLE VIEW APARTMENTS BRIG HTON i I 24-hour resident lounge CONCEPTUAL,SUBJECT TO CHANGE • Warming kitchen Entertainment area -1� ' --- ------------ -FRIVAT -- --!`- -- -- — ------------ --- Game area _ ' 24-hour fitness center I J featuring Rogue equipment 0 Locker Rooms with showers Zoom conference room(s) WiFi throughout all amenity 17 areas Resort style pool & year- round spa Pool-side patio and grilling k C, 7:: 1 ... -- area r _ I - Id.W Outdoor pool lounge ' Y Amazon parcel system al a � P • Dwelo Smart Home ` - PPI'FTECPIVE f Technology AMENITIES AMENITY FEATURES AMENITY FEATURES NOON EOSV DESIGN ASPECT OUIDDOR KITCXEN In"X SERIES PLANTER POTS, SUILi-IN GRILL. DSVIS C.L.8DSA D— GRAY. F OUTDOOR NITCX[N WITX FREE sTAn0.'xc V 6 3 ZEs VARIES: U RVILT-IN GRILL ECORATVC POs1S ASP-rt,ASP-31 FOR SIR NG LLGXT STiACXNEHT DMNHOLE MARK OUTDOOR PING TONG TABLE. FREE STAND3N0 DED"'TIVE POSES _ FOR SIRING LIGHT ATTACHL[NT. '� "' - RORNEGAY DESIGN ASPECT SERIES 4Lam '%4'SAWCVI CONCRETE. - PLANTER POTS,DSVIS COLOR SO6A t d „_. - '' EPEE STANOIN6 6ECORAINE Q OVEPHGO E%TERIOR SPRING UGHfS, - �� SSA-TT.HASP-21 A C7 POSES FOR STRING LIGHT �� ._. ITTACE.E e'_' %ORXEGAY OFSRa� '.U.sEInFS 4 .......... SNOON BALL CWPT. BENCH - OVERHEAD C%TERIOR PUNIER POTS OAVI COLOR ROBA n, a 3 SAND VOLLEYBALL -- -----� .. ":' —.VARIES CORNXOLE BOARDS COURT VAT In' r\ ASP-Tf.ASP-21 / - _ art FIRE TABLE. SAFLTI ZONE -`� OUIOOOR SEATI— b OCCCL mLL COURT. -„ RE IARLE - � �: A'%B'PRECAST _1 _'- - CONCRETE STEPPING Z fir. -Cam RELGARp uCDuuNE PAv[Rs e- 4q fly, ����. � _ \ :. I OVERHEAD SHADE STRUCTURE. CONCRETE SGWCUT. PERGDIA OR SHADE SAILS. ¢ A NCREYC sAwc I _ - —WTDOOR PING PANG TABLE. - cO Ry - �)• 4 "' RELCARO NO➢UUXE PAVCRS - -14V � � OVT900R SE4TIxG, T3 I L�JI J I 11A11 i J R RGOu CTORE. 1 7 V. E, PE oR s1uuE 311I,S. � I �I I:. ._ - N 0 0 21 21 GO m F � F - 0 WEST APARTMENT COMPLEX � EAST APARTMENT COMPLEX 7Shade structure Shade Structure oor Kitchen with BBQ Grill Outdoor Kitchen with BBQ Grill enches Benches • Outdoor seating surrounding a Fire Table 0 Outdoor seating surrounding a Fire Table • Festoon lighting 0 Cornhole • Cornhole 0 Outdoor Ping PongTable • Outdoor Ping PongTable 0 Snook Ball Court • Sand Volleyball 0 Bocce Ball Court COUNCIL REVIEW Design Items before Council : • Private Open Space • Parking Requirements Unit No. of Private OS _ Type Units (ave NOW PW Mai ■i - --- - ,; AIE. ■11 �it , � .' I WI A. ++ is a f vas Fw 3w i W:T F �'` r #; mill - 22 t. 1 PRIVATE OPEN SPACE ......... ......... i.! _ sq, 4 r � IA W1 16. ISE Nil Now Alt �'' _ PRIVATE OPEN SPACE Project specific alternative compliance to the private open1011IMe No. of Units Private OS _ space. Studio 48 0 sf Staff has approved a ap rtial modification, but it does not align I Bed 192 58 — 83 sf with the project's overall design. (67 sf Community Open Space and amenities are purposefully 2 Bed 156 86 sf designed and far exceed UDC standards. The project TOTAL 396 66 SF provides 3.49 acres (required 2.27 acres) of open space. Will add 3,000' to the existing 2,000' perimeter pathway. CENTER AMENITIES "' - __�: - •- �� t i �-•-- EAGLE VIEW APARTMENTS 24-hour resident lounge g _ --BRIG HT'ON Warming kitchen NX[EPiU4 SUDACTIO[NANGE Entertainment area • Game area �_ .._..--,_..�._ -•-----_-__-_ -. �_.-. 24-hour fitness center B featuring Rogue equipment ° r Locker Roams with showers Chi• riCSTAPMTMENTCOMPLF]( [ASiAPARTM[[f[[pMP�€% I! _ r _ _ • Zoom conference room(s) i I Wi-fi throughout all amenity areas Shade structure Shade Structure l '. - Resort style pool&year- Outdoor Kitchen with BBQ Grill Outdoor Kitchen with BBQ Grill Tr _ ! Benches Benches round spa �—,�• --� �' "g F Pool-side patio and grilling Outdoor seating surrounding a Fire Table Outdoor seating surrounding a Fire Table f area Festoon lighting Cornhole Outdoor pool lounge Cornhole Outdoor Ping Pon g -=— -' i Amazon parcel system Outdoor Ping Pang Table Snook Ball Court -.. Home+ Dwelo Smart Sand Volleyball Bocce Ball Court - - -- - Technology 1' li, • I Acres24.8unitsper acre - � • • • Parking 396 units MP • Bike: PARKING - OVERALL ApW- �I' u ..;J 1L�.+.r �. l � L... Lr M I tertainment i �� c €{ tll J b Gila tIIIr _... .,��•-u' •. .. ..�, . AW;, . . ._,,.^o 'i �.� , � '�I� ql •T '4 I. .�14�� Wy ,lyl � . .. Jil�lul�i• IY - 8��1 I --.-- .._ Idl•S --- — ---- — I I LLL��� —_ aaaLLL...FFF l]I s■�•�■i� �� — i AM • ••� , r *,;�i . � _ - � L�� II i iJIIL11A�lll Jl ll�f • Summary • Request approval of Private Open Space .as proposed • Request that no additional parking spaces be required Request Approval CUP for Eagle View Landing Apartments 27 CONCLUSION We concur with Staff recommendation for approval, including the City / Agency comments & conditions. We respectfully request City Council approval of: 1. Annexation, Rezone and Preliminary Plat for Rackham East • Waiver to pipe the Ridenbaugh 2. Conditional Use Permit for the Eagle View Apartments as proposed : • Private Open Space • Parking 28 Rackham East & Eagle View Apartments 30 H -� - - ✓ "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and u r COMP mixed-use developments." (3.07.02A) PLAN = ✓ "Ensure development is connected to City of Meridian ve 4 T as' water and sanitary sewer systems and the extension to N - EAR "' and through said developments are constructed in conformance with the City of Meridian Water and Rackham East is consistent with the City's Comprehensive Sewer System Master Plans in effect at the time of Plan, Future Land Use Map and Policies. From the Staff development." (3.03.03A) Report: ✓ "Permit new development only where it can be ✓ "Permit new development only where it can be adequately served by critical public facilities and urban adequately served by critical public facilities and urban services at the time of final approval, and in accord with services at the time of final approval, and in accord with any adopted levels of service for public facilities and any adopted levels of service for public facilities and services." (3.03.03F) services." (3.03.03F) ✓ "Require appropriate landscaping, buffers, and noise ✓ "Encourage compatible uses and site design to minimize mitigation with new development along transportation conflicts and maximize use of land." (3.07.00) corridors (setback, vegetation, low walls, berms, etc.)." ✓ "Encourage and support mixed-use areas that provide (3.07.01C) the benefits of being able to live, shop, dine, play, and ✓ "Evaluate the feasibility of annexing existing county work in close proximity, thereby reducing vehicle trips, enclaves and discourage the creation of additional and enhancing overall livability and sustainability." enclaves." (3.03.031) (3.06.02B) ✓ "Require urban infrastructure be provided for all new ✓ "Encourage the development of supportive commercial developments, including curb and gutter, sidewalks, near employment areas." (3.06.02C) water and sewer utilities." (3.03.03G) 1+ i y t 1 AR Lip uq 84 84 . ONE � � 1WIN NONE ME m MEN ,a a - I _ ■1110 � � ' ' •• ■111• if E ��A 33 1 j °(Original) Rackham Pas 1 I:Ml .� :• i* 1 ■, -` �� �i � . . � Fes. all fO � i 3 -- - O in fk II - • r R i Q 41 INQ 4. Uj U ..:�_ OVERLA - -- _- --- - 34 .. Fq Mxar Te naiog4, - ' - 1 35 Item#17. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Ordinance No.: 22-1967: An Ordinance (H-2021-0026 — Hatch Industrial) for Annexation of a Parcel of Land Being All of Lots 8 and 9 of Heppers Acre Subdivision as Recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, Said Parcel is Located in the Southwest Quarter of the Southwest Quarter of Section 12, 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 1.593 Acres of Land from RUT to I-L (Light Industrial) Zoning District in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 332 ADA COUNTY RECORDER Phil McGrane 2022-013894 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 02/09/2022 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE N . 22-1967 BERNT, BORTON, CAVENER, Y THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0026—HATCH INDUSTRIAL) FOR ANNEXATION OF A PARCEL OF LAND BEINGALL OF LOTS 8 AND 9 OF HEPPERS ACRE SUBDIVISION AS RECORDED IN BOOK 19 OF PLATS AT PAGES 1298 AND 1299, RECORDS OF ADA COUNTY, SAID PARCEL IS LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER F SECTION 12, TOWNSHIP 3 NO T E 1. WEST,ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED I ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATE 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 ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 1.593 ACRES OF LAND FROM RUT TO I-L (LIGHT INDUSTRIAL) 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: Ronald Hatch. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to I-L(Light Industrial) 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—Hatch Industrial H-2021-0026 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 8th day of February , 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,IDAHO,this 8th day of February , 2022. ATTEST: MAYOR ROBERT E. SIMISON CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 8th day of February ,2022.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 FQ IDA O RESIDING M. Meridian, Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—Hatch Industrial H-2021-0026 Page 2 of 3 EXHIBIT A Annexation Legal Description ACOURFMTE 1 Annexation Description A parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County,said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12,Township 3 North, Range 1 West of the Boise Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the corner common to Sections 11, 12, 13 and 14,T3N, R1W from which the found 3 inch brass cap monument in asphalt at the quarter corner common to Sections 11 and 12,T3N, R1W bears N 00'32'39" E a distance of 2645,87 feet;thence N 00' 32'39"E along the section line for a distance of 646.92 feet to the REAL POINT OF BEGINNING; Thence N 89"41'22" E for a distance of 40.00 feet to a found 5/81"inch iron pin labeled PLS 11779 at the northwest corner of Lot 8; Thence N 89"41'22" E along the line common to Lots 7 and 8 for a distance of 315.19 feet to a set 5/81h inch iron pin with a cap stamped PLS 11463 at the northeast corner of Lot 8; Thence S 00"46'31"W for a distance of 192.00 feet to a found X inch iron pin, replaced with a 5/8"'inch iron pin with a cap stamped PI-S 11463; 1 hence S 88'31'38"W along the line common to Lots 9 and 10 for a distance of 314.52 feet to a set 5/81"inch iron pin with a cap stamped PLS 11463 at the southwest corner of Lot.9; Thence 5 88°31'38"W for a distance of 40.02 feet to a point on the section line; Thence N 00"31'39" E along the section line for a distance of 199.18 feet to the REAL POINT OF BEGINNING. Parcel contains 1,593 acres,or 69,379 square feet, more or less. G 0 1602 W. Hays St..Suite 306 Boise, ID 83702 Phone:208.438-4227 - vAwv.accuratesu rveyors.co m Hatch Industrial H-2021-0026 Page 337 EXHIBIT B Item#17. LOTS 8 & 9, HEPPE4S ACRE SUBDIOSION, BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. L YING W1 T]-!IN TIME SW 114 OF THE SW 114 OF SEC77ON 12 T.3N., R.1 W. B M. COUNTY OF ADA STATE OF IDAHO _W._ PINE AVE iF F 08 �`fa?% i r2i�L�,`v1'4 � a'7 �-- r SCALE-: ;00' ° N 89'4 1 '22" F J55. 19'LQ d Op Q} 4-) I LO Q 1.593 Acres, x q 69,379 Square Feet S $8`31'38" W 354.54' Q s HEPPF--RS ACRE SUBDIVISION w 40' U 1 11463 56 LEGEND ANNEX BOUNDARY �A .D SECTION LINE PARCEL LINE - PLATTED LOT LINE SLCF;OrI CGS+`;tR 17 f2 W FR.4NKL1N RD. FOUND 3" BRASS CAP MONUMENT ?No. 21W a I tQ-7R4 14 73 ® FOVNO 4" ALUMINUM CAP MON. 0 SET 6/8" IRON PIN K171-1 2" ALUMINUM CAP, PLS t 1463 A CALCULATED POINT X FOUND DISTURBED 112" IRON PIN. ti�Y 7��yACCUMTE REMOVED AND REPLACED VRTH 516" IRON PIN, WITH 2" ALUMINUM CAP, PLS 71463 E i5021M.11ays SzrReL?306 FOUND 112" IRON PIN, Boise,Idaho 63102 WI H PLA577C CAP, As NOTED 4221 sf Y 1�,� w:ti v, cCuratesurveyors.corr' i � PLATTED LOT NUMBER DATE:JUNE, 2021 JOB 21-211 Hatch Industrial H-2021-0026 Page 338 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 . J a V17 . jww� William L . M . Nai , City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 224967 An Ordinance (H-2021 - 0026 — Hatch Industrial ) for annexation of a parcel of land being all of Lots 8 and 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, said parcel is located in the Southwest Quarter of the Southwest Quarter of Section 12, 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 1 . 593 acres of land from RUT to I-L (Light Industrial) 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 I ANNEXATION ORDINANCE — Hatch Industrial H -2021 -0026 Page 4 of 3 Item#18. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1968: An Ordinance Amending Meridian City Code as Codified at Title 11, Pertaining to the Dimensional Standards for the Residential Districts in Chapter 2 and Landscape Buffers Along Streets Standards in Chapter 3; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 339 CITY OF MERIDIAN ORDINANCE NO. 22-1968 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREALT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING TO THE DIMENSIONAL STANDARDS FOR THE RESIDENTIAL DISTRICTS IN CHAPTER 2 AND LANDSCAPE BUFFER ALONG STREETS STANDARDS IN CHAPTER 3; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS,the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the table in Meridian City Code 11-1A-2, Figure 4 Unified Development Code, be amended as follows: TITLE 11 -UNIFIED DEVELOPMENT CODE-TEXT UPDATES-JANUARY,2022-ZOA-2021-0003 UDC 11-1A-2: Figure 4 r 1 1 1 ALLEY f LOCAL STREET f COMMON DRIVEWAY OFF-STREET PROPERTY PARKING LIME ---- --� I L-__J L J I � 1 1 1 I SIDE SETBACK VARIES 1 1 � 1 1 1 1 J I I ci TYPICAL BUILDIAC I ENVELOPE I 1 - 1 1 1 I I 1 1 1 1 I I 1 1 1 1 II PROPERTY _ r r LINE o � _ bi m NLn SIDEWALK 4 PLANTER STRIP PARKING LANE CURB BIKE LANE TPAVEL LANE —-—-—-—-—-—-—-—-—- ------------------ TYPICAL SETBACK CONFIGURATION FOR ALLEY- OR REAR-LOADED LOTS FRONTING COLLECTOR STREETS TITLE 11 -ul WITH ON-STREET PARSING Section 2. That the table in Meridian City Code 11-2A-4, Unified Development Code, be amended as follows: Dimensional standards for development in the R-2 residential district shall be as follows: TABLE 11-2A-4—DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT R-2 Standard Requirement Minimum property size/dwelling unit(in square feet) 12,000 Minimum street frontage (in feet) 80 Rear setback(in feet) 15 Interior side setback(in feet) 7.5/story Street setback '-in feet): Local 20 Collector 25 Street landscape buffer 2(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 35 Minimum living area(in square feet) 1,500 Minimum ground floor area for multi-story units (in square feet) 800 Notes: 1. Measured from back of sidewalk or property line where there is no adjacent sidewalk.A reduction of the collector street setback shall be granted for homes that front on a collector street when on-street aad required off-street parking is provided and garage access is from an alley, common drive or local street.The required twenty-foot(20')landscape buffer easement shall be measured from back of curb and the dwelling setback shall not be less than ten feet(10')from the back of sidewalk along the collector. See section 11- 1A-2,figure 4 of this article. 2.A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7.C.1.c of this title. TITLE 11 -UNIFIED DEVELOPMENT CODE—TEXT UPDATES—JANUARY,2022—ZOA-2021-0003 Section 3. That the table in Meridian City Code 11-2A-5, Unified Development Code, be amended as follows: Dimensional standards for development in the R-4 residential district shall be as follows: TABLE 11-2A-5—DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R-4 Standard Requirement Minimum property size/dwelling unit(in square feet) 8,000 Minimum street frontage(in feet) 60 Rear setback(in feet) 15 Interior side setback(in feet) 5 Street setback 1 to front loaded garage(in feet): Local 20 Collector 25 Street setback I to living area and/or side loaded garage(in feet): Local 15 Collector 25 Street landscape buffer 2(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 35 Minimum living area(in square feet): Detached 1,400 Attached 800 Minimum ground floor area for multi-story units(in square feet) 800 Notes: 1.A reduction of the collector street setback shall be granted for homes that front on a collector street when on-street and required off-street parking is provided and garage access is from an alley, common drive or local street.The required twenty-foot(20')landscape buffer easement shall be measured from back of curb and the dwelling setback shall not be less than ten feet(10')from the back of sidewalk along the collector. See section 11-1A-2,figure 4 of this article. 2.A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7.C.1.c of this title. TITLE 11 -UNIFIED DEVELOPMENT CODE—TEXT UPDATES—JANUARY,2022—ZOA-2021-0003 Section 4. That the table in Meridian City Code 11-2A-6, Unified Development Code, be amended as follows: Dimensional standards for development in the R-8 Residential District shall be as follows: TABLE 11-2A-6—DIMENSIONAL STANDARDS FOR THE R-8 DISTRICT R-8 Standard Requirement Minimum property size/dwelling unit(in square feet) 4,000 Minimum street frontage(in feet) 40 With alley loaded garage, side entry garage,or private mew lots 32 Street setback'to garage(in feet): Local 20 Collector 25 Alley F 5 Street setback 1 to living area and/or side loaded garage(in feet): Local 10 Collector 25 Alley 5 Interior side setback(in feet) 5 Rear setback(in feet) 12 Street landscape buffer 2(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 35 Notes: 1.A reduction of the collector street setback shall be granted for homes that front on a collector street when on-street and required off-street parking is provided and garage access is from an alley, common drive or local street. The required twenty-foot(20')landscape buffer easement shall be measured from back of curb and the dwelling setback shall not be less than ten feet(10')from the back of sidewalk along the collector. See section 11-1A72 faure 4 of this article. 2.A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7.C.1.c of this title. TITLE 11 -UNIFIED DEVELOPMENT CODE—TEXT UPDATES—JANUARY,2022—ZOA-2021-0003 Section 5. That the table in Meridian City Code 11-2A-7,Unified Development Code,be amended as follows: Dimensional standards for development in the R-15 Residential District shall be as follows: TABLE 11-2A-7—DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT R-15 Standard Requirement Minimum property size/dwelling unit (in square feet) 2,000 Minimum street frontage (in feet) 0 Street setback 1 to garage (in feet): Local 20 Collector 25 Alley 5 Street setback 1 to living area(in feet): Local 10 Collector 20 Alley 5 Interior side setback(in feet) 3 Rear setback(in feet) 12 Street landscape buffer 2(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 40 Notes: 1.A reduction of the collector street setback shall be granted for homes that front on a collector street when on- street and required off-street parking is provided and garage access is from an alley, common drive or local street.The required twenty-foot(20')landscape buffer easement shall be measured from back of curb and the dwelling setback shall not be less than ten feet(10')from the back of sidewalk along the collector. See section 11-1A-2,figure 4 of this article. 2.A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7.C.1.c of this title. JANuARY,2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0003 PAGE 6 OF 9 Section 6. That the table in Meridian City Code 11-2A-8,Unified Development Code,be amended as follows: Dimensional standards for development in the R-40 residential district shall be as follows: TABLE 11-2A-8—DIMENSIONAL STANDARDS FOR THE R-40 DISTRICT FR-40 Standard Requirement Minimum property size/dwelling unit (in square feet) 1,000 Minimum street frontage (in feet) 0 Rear setback(in feet) 12 Interior side setback(in feet) 3 Street setback to garage (in feet): Local 20 Collector 25 Alley 5 Street setback I to living area(in feet): Local 10 Collector 20 Alley 5 Street landscape buffer 2(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 60 Notes: 1.A reduction of the collector street setback shall be granted for homes that front on a collector street when on- street and required off-street parking is provided and garage access is from an alley, common drive or local street. The required twenty-foot(20')landscape buffer easement shall be measured from back of curb and the dwelling setback shall not be less than ten feet(10')from the back of sidewalk along the collector. See section 11-1A-2,figure 4 of this article. 2.A reduction to the width of the buffer may be requested as set forth in subsection 11-3B-7.C.1.c of this title. JANuARY,2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE—ZOA 2021-0003 PAGE 7 OF 9 Section 7. That Meridian City Code 11-3B-7C.2, Unified Development Code,be amended as follows: 2a. "All r-esiden4ial subdivision stfeet buffer-s leemed a4 the r-ear-lot lifie of abutting lots shall be on a "All , ' street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement, maintained by the property owner, homeowners' association or business owner's association." Section 8. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 9. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of February, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk JANuARY,2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE-ZOA 2021-0003 PAGE 8 OF 9 CERTIFICATE OF SUMMARY William L.M. Nary, City of the City of Meridian, Idaho , hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the ublic. William L . M . Nary 2t2 22 SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. : 224968 An Ordinance amending Meridian City Code as Codified at Title 11 , Pertaining to Dimensional Standards for the Residential Districts in Chapter 2 and Landscape Buffers along Streets Standards in Chapter 3 ; providing for a waiver of the reading rules ; and providing an effective date . JANuARY, 2022 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA 2021 -0003 PAGE 9 OF 9