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2022-02-22 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 22, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Luke Cavener 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 Borton, Councilman Hoaglun 1. Approve Minutes of the February 8, 2022 City Council Regular Meeting 2. Quartet Southeast Subdivision No. 1 Sanitary Sewer Easement No. 1 3. Shelburne South No. 1 and No. 2 Sanitary Sewer Easement No. 1 4. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 5. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 6. 355 Ten Mile Stor-it Water Main Easement No. 2 7. The Oaks North No. 9 Sanitary Sewer and Water Main Easement 8. Final Plat for East Ridge No. 3 (FP-2022-0003) by Sophia Durham with Conger Group, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd., on Parcel S1132438570 9. Final Plat for Oakwind Estates No. 1 (FP-2022-0001) by Brandon McDougald with Kimley-Horn, Located at 6180 W. McMillan Rd. 10. Findings of Fact, Conclusions of Law 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. 11. Findings of Fact, Conclusions of Law 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. 12. Development Agreement (H-2021-0015 Woodcrest Townhomes) Between the City of Meridian and Don Newell, Landmark Pacific Development, LCC for Property Located at 1789 N. Hickory Way 13. Development Agreement (H2021-0086 - Apex East Subdivision) Between the City of Meridian and Brighton Development, Inc. for Property Located on the South Side of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 14. Contract Addendum and Purchase Order #22-0233 to Existing IRU with Syringa Networks for Fire Stations 7 and 8 Fiber for the Not-To-Exceed Amount of $500,000.00 and Authorize Procurement Manager to Sign Purchase Order #22- 0233 15. Fiscal Year 2022 January Financial Report 16. Resolution No. 22-2314: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 2.10 Acres Known as Woodcrest Townhomes, Generally Located at 1289 N. Hickory Way, in the SE ¼ of Section 5, Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date 17. Resolution No. 22-2316: A Resolution Adopting New Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. West Ada School District Development Letter Changes ADJOURNMENT 5:42 pm Item#1. Meridian City Council Work Session February 22, 2022. A Meeting of the Meridian City Council was called to order at 4:34 p.m., Tuesday, February 22, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Joe Dodson, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, call the meeting to order. For the record it is Tuesday, February 22nd, 2022, 4:34 p.m. We will begin this afternoon's City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second for the adoption of the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the February 8, 2022 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. February 22,2022 Page 2 of 20 2. Quartet Southeast Subdivision No. 1 Sanitary Sewer Easement No. 1 3. Shelburne South No. 1 and No. 2 Sanitary Sewer Easement No. 1 4. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 5. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 6. 355 Ten Mile Stor-it Water Main Easement No. 2 7. The Oaks North No. 9 Sanitary Sewer and Water Main Easement 8. Final Plat for East Ridge No. 3 (FP-2022-0003) by Sophia Durham with Conger Group, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd., on Parcel S1132438570 9. Final Plat for Oakwind Estates No. 1 (FP-2022-0001) by Brandon McDougald with Kimley-Horn, Located at 6180 W. McMillan Rd. 10. Findings of Fact, Conclusions of Law 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. 11. Findings of Fact, Conclusions of Law for Rackham East/Eagle View Apartments (H-2021-0075) by Brighton Development, Inc., Located on the south side of 1-84, 1/4 mile east of S. Eagle Rd. 12. Development Agreement (H-2021-0015 Woodcrest Townhomes) Between the City of Meridian and Don Newell, Landmark Pacific Development, LCC for Property Located at 1789 N. Hickory Way 13. Development Agreement (H-2021-0086 -Apex East Subdivision) Between the City of Meridian and Brighton Development, Inc. for Property Located on the South Side of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. 14. Contract Addendum and Purchase Order#22-0233 to Existing IRU with Syringa Networks for Fire Stations 7 and 8 Fiber for the Not-To-Exceed Amount of $500,000.00 and Authorize Procurement Manager to Sign Purchase Order#22- 0233 15. Fiscal Year 2022 January Financial Report Page 5 Meridian City Council Work Session Item#1. February 22,2022 Page 3 of 20 16. Resolution No. 22-2314: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 2.10 Acres Known as Woodcrest Townhomes, Generally Located at 1289 N. Hickory Way, in the SE '/4 of Section 5, Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date 17. Resolution No. 22-2316: A Resolution Adopting New Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Next is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption 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: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. West Ada School District Development Letter Changes Simison: So, we will go into Department/Commission Reports Action Item, which is Item 18, which is the West Ada School District Development letter changes. Council, just so -- I'm going to invite -- is Mr. Hood going to come up first or just -- and go with Miranda. Miranda, if you could come forward. Just want to lay out how we will try to approach this time frame -- is what I would ask is -- we will let the school district go through and give their full presentation. Make notes if you have any questions so we can come back to it so we don't disrupt the chain of thought if we can. Afterwards I will -- we will recognize every -- each Council Member for five minutes for any questions you may have and we will just start with Seat one, two, three, four, five, six -- go down the road. That way Page 6 Meridian City Council Work Session Item#1. February 22,2022 Page 4- 20 everyone, hopefully, has the same amount of opportunity to ask any questions they have and be mindful to get Dr. Bub off to his next appointment. So, he is here to answer questions that everyone may have during their time period. So, we will try to take that approach. So, Miranda, turn this over to you. Carson: Mr. Mayor and Council Persons, just here to invite Marci, she's the one that's going to be doing the presentation. As the Mayor said, Derek Bub is -- Dr. Bub, he is from the school -- school district superintendent and, then, Jonathan Gillen, the assistant superintendent of operations, is also here. Gillen: Good afternoon, Mr. Mayor, Members of the Council -- does that sound better? Mr. Mayor, Members of the Council -- perfect. We will pull up the presentation as well? Wonderful. Okay. So, thank you. So, just for the record my name is Jonathan Gillen. am actually the chief of operations for the school district. So, not the assistant superintendent. But thank you, Miranda, for giving me a promotion. So, Dr. Bub is here with us tonight. He is -- he is going to have to leave in a little bit. So, you might see him step out for a little bit to head to another West Ada engagement, so you will be able to have the opportunity to visit with Marci and I tonight. My plan is to spend just a couple of minutes. I'm going to kind of outline for you what the presentation is going to look like and, then, we are going to let Marci start to dig into data from there. So, just to start, wanted to give you --we had a discussion between our two boards back in May and there was a lot of things that we talked about and it's not very often when you give a presentation you have one of these joint meetings and you get to come back and say we have answers to a lot of these things. So, what you are going to see tonight is us start to walk through those data, try to identify some of these questions you had, identify the data points that you talked about and how it is we are working through them. So, what we are going to cover tonight -- there is going to be a lot of discussion. We are going to talk about plans. We are going to talk about residences. We are going to talk about the number of homes. We are going to talk about how we create data. We are going to talk about attendance areas. We are going to walk through all of that. We are going to spend some time talking about projections we have developed. Some of the variables with those projections, specifically when developments are going to come into play, how they are going to build out, what our expectations are for kids. Some of the data that we are using that we are still learning from and so I think that's something you are going to hear a lot. We have built this mass of data. We have great opportunity that now we have started to learn. Now we have new sets of questions and new things that we are going to walk through. We are going to talk a little about how we use this data and for us I want to be -- I guess to share that the district actually uses this data as well. So, this is not just for the development of the letters, we actually use this as part of enrollment management projections for us as we start to look at what our needs are going to be in the future. And, then, there is some other things that we will just briefly touch on. As I said, we are starting to get lots of data, right, and so we have looked at student generation rates and we have started to identify how that works and what that often does when you have data is now we have a new set of questions. We have to start to learn things that we don't actually have data on. So, we are looking into pulling in a contractor to help us do a demographic analysis of our district. Specifically what we are going to try to look at is incorporating not Page 7 Meridian City Council Work Session Item#1. February 22,2022 Page 5—20 only development data into this, but birth rate data into this. We are trying to incorporate data of who is moving into our community. What is our mobility rate associated with that? Where are students going to leave? Where are they coming from? You know, if we have a student who leaves. So, starting to capture that data and also starting to capture market share. So, as education becomes a more competitive market what is our market share in the district? Where some of our students who may be, you know, because of COVID changed their thing. So, they decided to be homeschooled. They may be transferred to a charter school. What does that impact have on us as well. I would love to be able to tell you we will have that data tonight. We won't. So, that's part of the demographic study that we are going to be working on and getting data and so you will see that data as we continue to refine the future. What we are not probably going to cover tonight, because, quite honestly, there is not enough time and we are still working on it, is a facility plan. So, what I -- even though you don't see it in the presentation, we are working on it. So, we are going through the process of looking at our sites. We are walking through and identifying what it would look like based on the buildings we are going to put there. What does that do for our ten year plan? How does that impact with enrollment and enrollment projections and so that work has continued to be ongoing. Other things you probably won't hear from us is I would love to be able to tell you I can guarantee you the number of students that are going to come. That would be awesome. I would love to be able to tell you this is exactly what you are going to see and, unfortunately, that's not the case. I talked a little bit about here is data we have and here is generating the new questions. Part of that is really the iterations of the data we are using as we start analyzing it. So, now we have started to pull in all this data and we have started to run projections and now what we are going to start to see as we go into this academic year and the next one, we are going to be able to analyze some of that. How are we doing? How is it trending? What is our expectations for who is moving to this community? Do they all have students? Do they not have students? Are our ideas of a certain grid different than a different grid? And so we will be able to now start analyzing our data. So, we are starting to get in the position of being able to do that and, then, really, what do we talk about with next steps. So, we are continuing to evaluate those. I know on the development letters we have talked about our toolkit and so that will be something we will dig into and so, then, we will start to walk through -- maybe not necessarily when we are going to make all those decisions, but what they look like and how we can work together and partner through that. I wouldn't be in education if I didn't talk about learning outcomes. So, some things we are hoping to get out of our conversation, right, is an understanding and a comfort level for the data that we have. Become aware of some timelines, again, where you are going to see changes in data and new things we are going to do and, then, obviously, identify ways we can work together more. And with that Ms. Horner is going to come up and going to share with you for a little bit. Thank you. Horner: Good afternoon, Mr. Mayor, Members of the Council. I'm so excited to be here today and have this conversation with you. I have been listening to your conversation and it just -- I'm just really happy to be here and be a part of the conversation. So, we are going to talk -- get started right away, because I know we have got a time crunch and I will try not to talk too fast, because I want to get through all this information, so if I feel -- if you feel like I'm just -- if you can't understand me slow me down and I would be happy Page 8 Meridian City Council Work Session Item#1. February 22,2022 Page 6- 20 to -- happy to slow down. So, first of all, how do we analyze? All right. So, we have a large district. How to -- how are we going to analyze the growth and the developments and the student household information with such a large district and we are just going to do it one piece at a time. So, to easily track data we are going to take the district and we are going to divide it into a grid. This is -- this is something that I, quite frankly, can see in my sleep, because everything is wanting to come back to this grid. So, it's going to pretty much be a square mile block. Some cases it's going to follow natural barriers -- or natural boundaries, because that's going to work out a little bit better and what is it that we are tracking? We are going to be tracking the new residential development. So, we are tracking the new residential developments. Student household locations, parcels of land and school attendance areas and I'm going to talk about each one of these areas just a little bit. So, first, the new residential developments. You know the process. So, we are notified of pre-app meetings. We gather information from those pre-app meetings and often attend those pre-app meetings to understand what is coming. Then we receive those transmittals of the applications containing the hearing dates, what -- how many lots are in those pending applications. Then, obviously, it goes to Planning and Zoning, City Council meetings. Those meetings are tracked, so that we know if they are approved, continued, denied and, then, of course, the second transmittal to let us know that those final plats are on schedule and, then, after that we -- I -- so we want to track what is happening with those developments. So, I'm pulling the Ada County Assessor data on parcels to find when those large parcels have now been broken down into small individual lots and that's like the next step in identifying where this development is in the -- in the process. So, here is this grid that we are going to talk about. Jonathan mentioned it. Each development as it comes in at the pre-app level or the transmittal, is drawn on -- in a program called RCIS. It's drawn on a map according to the description. So, the exact parcel is drawn and it's also -- you are going to see different colors. These are the colors representing what stage the -- what stage of the application process this development is in and I'm going to talk about those a little bit individually. So, here is a zoomed in area. So, you can see each of these levels. So, in the pink you can see these pre-app. Now, I'm not using these for tracking numbers. They often don't come to pass. They are just identified knowing that this is an area that is going to be developed, if not now eventually. And, then, as I get those transmittals they are changed to pending status. They are -- you have seen the -- in my transmittal letters when they are approved. These are not counted as approved developments until they have gone to Council and have been approved. We are approximating -- depending on the size of the development and other factors that this is going to be completed in approximately four to seven years. We have talked with your planning staff, other planning staff, talked to some developers. I have not heard any negative feedback about this time frame. We will continue to monitor these to see if this is --this time frame needs to be adjusted. That's part of our learning process. But for now we are going to take those pending applications and estimate that four to seven year build out. Build out and occupied. And, then, once they are approved you will see these orange that are approved, that's going to be about a three to five year completion. Moving on to final plat in the green and, then, you will see in the -- those developments that are in the blue, those are -- they have now received -- or been given the Ada County Assessor individual parcels for those developments. I call those developed. And those are maybe a one to three year time frame before those are Page 9 Meridian City Council Work Session Item#1. February 22,2022 Page , —20 completed. Okay. Moving on to student household locations. So, we take the student data from our power school system. We geocode them, which means that we are linking those address data to the map. So, each of these red dots represent a student. It looks like they represent a household. Each red -- or the red dot might have multiple red dots on that and we can track that in our system. The parcels of land -- as I have said, we -- I download those directly from the Ada County Assessor map. I do it about quarterly, so I'm getting the most recent data that's possible. This information is valuable. It tells us what kind of residential -- or what kind of lot it is. It could be residential, commercial, farm land. So, it gives us really good valuable data. And, then, of course, each traditional school has an attendance area where the students will likely attend it. They all differ and those attendance areas are approved by our board. Excuse me. And we may change those attendance areas to balance enrollment if necessary. So, that's how the data is collected and I'm going to go through and talk about how the data is organized. So, each of the grid blocks are labeled by a corresponding row and number. Each data set is also organized by this label. The developments, the students, the parcels, subdivisions and even attendance areas are going to lay within and can be identified by their grid label and, then, this data currently is recorded and maintained in spreadsheets. I just realized that is spelled wrong, probably, because I took it out and put it back in. I apologize. We are currently in the process of purchasing a software that is going to allow us to have this data all in one location. So, I'm very excited about that. So, here is an example of a portion of the development spreadsheet. So, you can see here that the developments are all listed. It identifies what block they are in, what -- or what grid that grid area -- the development is in, the number of units, whether it's a multi-family housing, the approving agency, as well as the status that it's in. So, you can see that in one spreadsheet we have got the developments tract and in a corresponding spreadsheet we are going to have those numbers consolidated. So, the -- everything that is in one status, so the -- those that are -- have been approved, the preliminary plats approved, are going to be consolidated, as you can see, from the image on the left to the image on the right and just a reminder, those are all designated in this time frame. So, this will calculate the future single family dwellings in relation to their location on the grid, as well as the multi- family and the multi-family just has an additional row for the conditional use permit approval. This -- another spreadsheet shows the student household information. So, as you can see we take each grid, we count the number of students in that grid and designate it by what grade level they are in right now or what school type they are in. Elementary. Middle school. High school. This is actual data, not estimates like we have used before. In the past we kind of took big -- a big generic number and applied it. This is actual students in actual lots. So, this spreadsheet shows the residential parcels in relation to their location on the grid and this is also done -- or research has been done to --to identify the multi-family units as well. So, you can see each of these grids -- now, these are identified by the Ada County Assessor as residential lots. Some of them that are in the building process will still be identified as land. So, I'm counting -- when I'm counting for -- to determine what -- how many students we are generating from an area, I'm going to be consistent and stick with the Ada County Assessor with the property type as residential. Each attendance area can also be identified by the group of block -- or by the group of blocks. The data in each block is used to determine an appropriate attendance area for each school and just a note, because we will kind of talk about this later -- that each of Page 10 Meridian City Council Work Session Item#1. February 22,2022 Page 8 of 20 those --the attendance area doesn't always work out to go to the square mile or the block. So, once in a while the attendance area lines will go through a block. I feel like I'm breezing through this so fast. You are -- you are staying -- okay. Perfect. All right. So, we covered collected. We have covered organized. Now we will get into analyze, because I know this is what you are really here for. Well, you are here because you have to be. This is what I'm really here for. Okay. So, we are going to take each of those four areas that we just talked about and we are going to now talk about calculating our student generation rate and, then, we will go on to projecting future enrollment. So, we have here those -- in each of those grid blocks the number of actual students generated per household. So, these are the number of residential parcels, the number of students, even the number at each level and they are identified per block on the map. As you can see here, the student generation rate is all calculated and it is a wide range depending on where that grid is. Because we are using the Ada County Assessor map we are also able to identify what the taxable value is of the house and this is kind of -- if you remember back when we had that meeting Miranda talked about there are other factors that we can study and learn. We can -- so, this is just one of those. So, that we can identify what number of students we might get at -- at a certain price point. So, there is still more to learn, but this is definitely a start for us. We are also talking the multi-family. So, these are the actual number -- number of multi-family units against the students that live in that. There is still, again, a lot more to learn. Price points. Rental points. But you can also see just in this small area that we have some multi-family student generation rates that are a .08 in some areas and some that are 1 .06. So, this is a really -- there is a lot of variables here and we are -- we are still learning and -- but we are able to identify now where our students are coming from for -- in those multi-family housing areas. Okay. So, we can track this by attendance area as well. So, for example, we are going to use the Mary McPherson attendance area. It's the area in red and -- and consists of Blocks 12- C, D, and so on. You can see that attendance area over in the left and the spreadsheet with the residential parcels and the student information over here on the right. So, the average student generation rate in the Mary McPherson attendance area is .49. This is the average of each block that makes up the attendance area and we can even identify what the student generation rate is per elementary, middle, and high school. In the past we just took the generic per -- per student and, then, multiplied that and divided it by the number of grade levels in -- but this is -- we are actually getting -- so that we can identify in this area we might see more high school students. In this area we might see more elementary students. So, we can break it down per school type. All right. Moving on to projecting future enrollment. So, here we have the attendance area. Now it's on the right. With a corresponding single family up on the -- on the left on the top. That's single family. I don't have a label on it. I'm sorry. But below that you can see the multi-family and the -- the -- the yellow box around it you can just see where that's identified in that 13-E grid block we are corresponding -- these are what -- the single family dwelling units that have been -- the preliminary -- preliminary plats have been approved. Seven hundred and seven at the time I did this. Forty have gone on to the final plat approval and in this area no single -- or in this grid there is no multi-family units that are pending or approved. As I said, not all -- it doesn't always work out perfectly and easy with the grids. So, sometimes we have to take out, but just acknowledging that we are taking out some of those developments that are not counted in that attendance area, because we want to get -- get Page 11 Meridian City Council Work Session Item#1. February 22,2022 Page 9 of 20 -- have the most accurate information we can for those attendance areas. And as you see here this all corresponds to -- and accumulates to the number of pending preliminary plat, final plat developments. So, then, this is -- this is how I get those numbers in the -- in the trends -- or in the development letters that I send you. How many approved lots for single family, how many approved lots for multi-family. Okay. That's how it's collected, organized, analyzed. Now we are going to talk aboutjust how I'm sharing that information with you and anybody really. Not just you. Okay. So, I'm going to use the Centerville letter as -- as an example. So, I know that there has been questions about, you know, why we have changed the letters and, really, since I took over the letters it's kind of been an ongoing -- how can I get you the best information? As you see there is a lot of information here. It's really hard to cram all this information into a letter and I understand that it often causes more questions. So, when -- when you ask what weight can we put on these -- this -- this information, hopefully -- hopefully this -- this presentation will -- will allow you to answer that for yourselves. So, again, this is -- as stated in the letter, this is based on the current enrollment data specific to the area and I will -- I will give you some examples here. So, in this -- as you see, the 138 school aged children -- and, again, this is saying that this is based on the attendance areas of the school year and I want to just make sure to point that out, because some of these developments might become finalized and the attendance areas might have changed. So, based on the information that we have right now the estimation is this number of school aged children. So, we are going to -- I'm going to take that grid that this -- that this application is in, this 13-I, and I take the number -- you know, literally have my math out when I'm doing this. So, in this area we have 1,526 residential parcels, 974 students. So, our student generation rate in this area is .64 per residential parcel. I think this is really important, because this is -- I'm going to assume that this development, because it's going in this area, we are going to likely generate the same number of students that we are typically getting from the rest of that square block. That's an assumption that we are making. That may or may not come to pass, but that's the assumption that -- that we are going to go on for this analysis. We are going to do the same thing for multi-family. So, in this particular--this -- this particular application had multi-family in the application there is no multi-family for me to compare this to in Grid 1. In fact, there is not much around until you see grid numbers 12-G and 12-H. Both of those have multi-family. So, 12-G has a student generation rate of .2, 12- H has a student generation rate of .82. 1 personally don't feel comfortable giving either one of those numbers, because they are so different. So, I have an average and taking an average of those two. So, we have the 203 single family units, multiplied by the student generation rate in that area, to come up with 130 from the single family units and, then, taking the 16 multi-family units by the .51, which is the student generation rate for the multi-family they just averaged out at point -- or -- to come up with eight and so that is how I'm getting the 138 students from that development application. The next section of the letter talks specifically about what schools are going to be impacted by this development. The enrollment number is the current enrollment. The capacity is the fixed building capacity. You already know how the numbers from the approved lots per attendance area, as well as the approved multi-family units from the attendance areas and I will talk to you a little bit now about how I come up with those numbers for projected students from approved developments. So, this is an -- is an analysis of what the average student generation rate is for the attendance area for each school, taking into account the Page 12 Meridian City Council Work Session Item#1. February 22,2022 Page 10—20 student grade level and the number of approved developments in that attendance area. So, in this development application this development sits in the Hillsdale Elementary attendance area. Going through the exercise I just showed you with the Mary McPherson and Hillsdale, the elementary student student generation rate is .26. That's for just the Hillsdale. The Lake Hazel Middle School attendance area the student generation rate for the -- for that area is -- for middle school students is .11 . And Mountain View, the student generation rate for Mountain View for high school students is .16. So, we take those numbers, the approved lots, times a student generation rate. If there is multi-family in the application it's going to be the multi-family student generation rate per that grade level and that's how we come up with these numbers for you. So, in Hillsdale from the developments that have already been approved, not including the development in this application, we are projecting 350 students at the point that they are all completed -- that the development is all completed and occupied and, remember, this is in that range -- that timeline of not next year, but four to seven years. We don't actually know. We are estimating the time that this is going to happen. In addition to this letter -- now, at this meeting we had on March 13th, if you remember there was a question about understanding the actual number; right? And, Councilman Hoaglun, I think you said that you want to understand when there might be a red flag and not just truly understand the -- to truly understand the situation and not just the number and so this is I feel the best way to give you that information. So, this is analyzing the school. Like really analyzing. What does it look like. What is happening in that school. And, then, saying to you based on what is happening at that school when -- and assuming that everything is going to go status quo, same student generation rates, buildings will build out -- or homes will build out the same time frames -- assuming all of those remain the same, then, we are going to -- going to be at a certain level. So, in this particular level we are saying that the elementary schools are projected to be at maximum capacity and the high school is also projected to be at full utilization. Now, what we are not saying here is we can't handle these kids, please, deny this development. This is just an -- an analysis of what is going to be happening at this current time with our current number of -- of schools and our current capacity without making adjustments. But, then, we need to follow that up with what tools do we have, because it would be really great if we could go from where we are to another school. But we -- we can't. We have got to do some things in between there to accommodate the additional students and we can and we are prepared for it. We are -- as you have seen we are watching what's happening and we are preparing and planning ahead. We might not have this -- that information to you, but we are definitely doing it inside the buildings -- inside -- my office. So, we are going to say things like in this -- in this school we might have to -- we might have to at some point do one or more of these. We might have to transport kids. We might have to change an attendance area. We might have to build another school to accommodate. So, these are just options that we may need to implement to meet the needs of the students. And, again, they can be different for other school -- or for each school. Done. Okay. Okay. Hold on. That was -- that was the fastest I have done this presentation. I think I'm ready for your questions. Simison: Okay. Well, Mr. Clerk, if you would put the timer at five minutes, as I mentioned, we will just start and we will go as fast as we can, starting with Seat No. 1, which happens to be Council Woman Strader for five minutes. Page 13 Meridian City Council Work Session Item#1. February 22,2022 Page 11 —20 Strader: Perfect. Thank you, Mr. Mayor. Thank you so much for coming, Marci. I really appreciate it. I appreciate the really granular dive into the data. I think that's helpful. am not concerned about granular data. I would like to just pull back-- I'm really concerned about the whole situation. So, what is your projection for student capacity district wide in the next two to five years? Horner: Projection for school capacity -- so, the problem with that is we have grow -- we have areas with capacity where there is not growth. So, that -- it's almost like apples and oranges. We can't necessarily count certain capacity. Strader: Mr. Mayor, if I might -- Simison: You don't have to go through me. Strader: I'm going to be just butting in, because I have got only five minutes and I'm intending to use all of it. So, I did my own projection model, because of my level of frustration, and I -- mine was very simple. It wasn't individual developments. I simply said if we take the total capacity in the district and I gave you a program capacity discount of 1,200 students, take it or leave it. We are approving 2,500 new housing units per year. I took the number of students graduating each year, subtracted the number of kindergartners coming in, I'm showing with that very back-of-the-envelope stuff that you are thousands of students over capacity. If the whole district is trending growth I'm showing that you are totally out of capacity in two years. So, I guess -- I understand what you are saying, you have exist -- your students coming from existing housing stock, but what I'm really struggling with is to understand what your projections are district wide, because I want to give you guys credit, you are going to redraw boundaries, you are going to put in portables and I would love to know how much those interim measures can handle. But my question to you is -- two questions. What's your projection district wide for your capacity in the near term, the next couple years, and my second question is what is an amount of growth that you cannot handle? What is an amount of new students that causes the quality of education to deteriorate significantly or, working backwards, you know, what -- what is it that you guys can't handle? Horner: I'm definitely projecting you on -- take it. So, I'm definitely projecting at the -- at the level that makes sense, which -- to me, which is in regions. So, I don't know that I can personally answer your capacity question for district wide, because, again, my analysis is definitely by region and then -- you want to -- Gillen: Mr. Mayor, Members of the Council, so thank you for the question. I'm going to try to come up with -- I can tell you -- let's talk about where we are at right now. So, currently our district is sitting around 39,200 students we will say, give or take, you know, and at that height before COVID impacted us we were staying roughly at 40,398. So, we did have a reduction; right? Which I think has allowed us some time and flexibility to be able to manage the growth and so, then, what we will continue to do -- I think to answer your question of where are we going to be at, how can we handle two and five years from now as part of the data that we are working on right now, part of that facility plan is running Page 14 Meridian City Council Work Session Item#1. February 22,2022 Page 12—20 those projections -- is looking at where we see the impact of that growth and what our response will be to that, which may include any one of the items in our toolkit or it may be a discussion that we have with the board as well about the potential of bonding. So, again, just kind of helping to manage that growth. As far as a number when we say where is the number where we start to say that's too much. Really that starts to get very granular again back at the building level. What are the things that we can do in a building to be able to adjust our capacity? And so I would love to be able to say, oh, here is the number where it stops; right? And -- Strader: Mr. Mayor. Sorry. And I hate to cut you off, but I have got less than one minute left, so I'm just going to dig in a little more. My feedback that -- that is not an answer that I love. I hope you guys work on that. You need to have a district wide capacity projection. I don't see how you could, you know, operate your business without having that macro level view. I think COVID did buy you a lot of time. What do you specifically need from us? If you are analyzing your growth school by school and -- and it will be helpful to get a time frame for your projections for the schools. So, if it's we expect X number of kids in the next two to four years and X number of capacity, we -- I think we need that time frame. Do you expect us to manage our growth in response to school capacity at that level? Gillen: Mr. Mayor -- Simison: Go ahead and answer. Gillen: -- and Members of the Council, I think what I would ask is that we continue to share information and partner together. I don't think it's necessarily the expectation as the school district that we would talk to you and necessarily show you how to approve developments. I think we are going to continue to do this sharing and this data and we are going to be able to share information and be able to tell you about what are our projections and where we anticipate growth being. Simison: Councilman Borton. Strader: Thank you, Mr. Mayor. Borton: Mr. Mayor, I have only got one question. If we are doing this five minute thing I would -- can I give three minutes -- Simison- We will come back. I want to get through everyone so they get an opportunity. So, take your time however much you want. We will move on, then, we will go back, give other people more time. Borton: Okay. This question might be for Dr. Bub -- oh, he is leaving. This -- it's just one question. It's more of the policy. Less granular. So, we solicit input from community stakeholders to help us decide if a new development should or should not be annexed into Meridian. We compile all of that data. West Ada, obviously, provides such a letter as one of our community partners. So, how do you want us to use your letter and the Page 15 Meridian City Council Work Session Item#1. February 22,2022 Page ——20 data in it to assist us in deciding whether or not a new annexation should be approved? Bub: Mr. Mayor, Council, here is the intent of that letter -- to let you know what the ramifications of impact to schools are and kind of what our direction would be. I would say each of those pieces buys us let's say about a year. If we had to put -- if we had to adjust boundaries and one of the -- one of the questions regarding what is our district capacity. There is areas in our district that we could adjust that and we could -- we could put kids in. That becomes -- obviously, that's a transportation piece and so there -- there is a lot that goes into that, so -- so, what I would ask you guys to do is look at it and just have an understanding of if we are going to go down this road it may mean boundary adjustments. It may mean we have to go for a bond and -- and if we can go arm in arm -- and that's what I love about this partnership is that we can go arm in arm in that when you say, yes, we -- we approve that, we understand that we are going to have to build a school out there, let's go arm in arm towards that bond or whatever it might be at some point. Borton: There is -- there is some feel that it's -- we are the tail wagging the dog in raising the alarm of school capacity and so that question also was trying to help us guide us in using what's in any such letter -- is there anything that would be within it that would make --would be a communication from the district to us that there is some alarm. Said another way, is it -- is it fair to say the contents of the letter and the numbers in it are wholly irrelevant to our determination of whether an application should be annexed, because it doesn't provide any benchmark that past this point we recommend you deny it there is -- there is such an alarm. Is it fair to say that the numbers shouldn't sway us one way or another? Bub: I think it's fair to say -- Mr. Mayor, Council, I think it's fair to say that if we got to a point where we didn't feel like we are going to be able to hold kids in our schools, there would be a lot of conversations ahead of that. Borton: Sure. Bub: We are always going to be able to educate the kids that are in our community, we are going to provide seats for those kids and we are going to provide them great educational experiences. When we say capacity we are not saying, hey, we are going to put kids on floors and that -- that makes us at capacity. What we are saying is we may have to adjust boundaries. That's never a popular decision. Last thing I want to do is move kids from -- you know, I grew up going to Peregrine Elementary and, then, also now, oh, congratulations, you are moving. So, it's really just -- what I would take the letter as is really informational to say, okay, these are the ramifications of impact to schools and, really, that's what I would look at. Borton: Okay. And the last is just a comment and it's not a question, but I make the tail wagging the dog comment just because we are all partners in this process, right, and we want our city to grow well and have our new residents in an annexation be successful. So, we raised the alarm just in hopes that we are here to help and if there is anything that Page 16 Meridian City Council Work Session Item#1. February 22,2022 Page 14—20 -- that West Ada would ask of the city to assist it in delivering education as you describe, that you would ask. So, we -- you know, we get concerned about capacity under the assumption that -- that we -- we just want to help and be available, utilize your data to help us make the best decision and be receptive to any direction and advice that you provide and if you have got mechanisms to serve all the new students, that's fantastic, but I think that's the genesis of this whole conversation is we just want to make sure we can help assist West Ada in any way possible, so the kids, existing and new, you know, they don't suffer. We are all on the same page there. So, I really appreciate spending the time. Bub: Mayor and Council -- and I would just say this to everybody, because I am going to depart here. We value that relationship and it's -- it is that relationship that makes this city amazing. Being able to have these conversations and really work through some of these things -- and sometimes they are difficult questions and sometimes they are -- you know, what should we do and I will just tell you the job that Marci does and that Miranda does to try to develop this crystal ball and predict what -- what kids are going to show up is miraculous and we really appreciate that. We appreciate knowing that -- that we are all going to work together on this and, hopefully, every single time we meet -- I know that when we met last time I had the privilege of -- of being part of that meeting. I think that we are getting better with our data and I think that every time we meet we will be able to have a better picture of where we are going. Thank you. Simison: Thank you, Dr. Bub, for being here. Councilman Hoaglun. Hoaglun: Thank you, Mr. Mayor. Marci, I wanted to make sure I understand the -- appreciate you putting this data together and the process and it's a way to look at it. I just want to make sure I understand something I'm just a little hazy on and we show the projections and the timeline for developments --depends on where they are in the process and there is a longer timeline if they are farther out. But at the same time you got kids that are moving through the -- through the school system. Is there any calculation -- or it might not change since you guys have been working with this -- the timeline since you have kids -- don't call aging out -- graduating and, then, you have other kids moving through, is that going to change calculations? I mean we hear about lower birth rates and all these different things and that's hard to factor in, but do you see at -- that the calculations are going to be -- remain fairly stable, even though kids are moving through the system and you have these different dates of, well, that's going to be done in three years, that's seven years out, that's just -- there is a lot of moving parts to that. I guess I'm asking a confidence question. Are you pretty confident in those -- those numbers for what you think it's going to be? Horner: I'm confident in the data for sure. Projections are an interesting thing, because there is going to be a lot of variables happening -- like you said, some moving parts. So, I think as we continue to track in this way we are going to be able to continue to become better at those projections and so we are just going to keep learning more. I think that you are -- you are -- I understand what -- what you are saying with the -- with areas that age out. Those happen over a longer period of time and we can look at things like grade Page 17 Meridian City Council Work Session Item#1. February 22,2022 Page ——20 levels and -- and, you know, what grade levels we have now versus what we had, you know -- or -- or what's coming down the pike. But, yes, I'm confident in the data. I -- and I understand there is more and this is not a -- this for sure is -- not a -- here is what we have and we are going to drop it in your lap and we are walking away. This is a learning process and from -- you know, this isn't -- this is maybe a year's worth now of learning. But we have a lot -- a lot more to learn, so -- and we are willing to, because we are -- like Jonathan said, we are using this for our benefit as well. So, we want to -- we want to get the data as good as we can. Is it perfect right now? It's -- it's better than it was a year ago. Hoaglun: And to follow up -- and I don't know if it's for you or a question for Jonathan, but I -- I got to get closer to the mic so folks online can hear. I'm going back to the olden days, back to the '80s, and we had a new high school, late 70s Meridian High School, and -- and the '80s were an interesting time. Like now there was a recession early on and, then, we had growth and things changed. So, I called up a retired assistant superintendent for the time Meridian School District, West Ada, and so what did you guys do? What -- how did you handle that growth, because it -- it became quite intense for -- at the high school level. He says, well, that was a time we moved the sixth graders to the junior high, middle school, because they weren't at grade school at the time. He says boundary adjustments are always an option. He says moving those boundaries -- he says they are not popular with parents, we all know, some things don't change. They did the mid high. I participated in that for three years. We had a ninth grade only -- where Cole Valley is was just ninth grade only because of capacity, moving kids to junior high, taking ninth grade out, they weren't going to high school yet, so that was another thing and, then, as '80s went on and we only had the one high school, they went to double shifting and, then, he talked about transportation issues and different things and, then, Centennial High School came on board. He said so it really is a matter of just utilizing the tools that you can find and have. Are you confident that you have tools available now to handle the growth that we are experiencing and looks like we will continue to experience for the time being? Gillen: Mr. Mayor, Members of the Council, yes. So, I think what you are going to hear -- what you have heard about from West Ada previously, right, is that we get creative and so we find a way to be able to maximize what it is we can do and so I think you are going to see that same spirit in how we are going to continue to do things. I may not have an answer of whether, you know, we are going to switch to ninth grade and whether we are going to move the students around, but as we start to identify needs we will try to evaluate what our options are on the table, which is part of the reason why you are even seeing the toolkit, it's just for us to kind of start sharing -- we are thinking about these things. We are looking for options, good answers. Hoaglun: Last question then. So, do you need the City Council to take action right now in slowing growth down? Gillen: I don't believe -- Mr. Mayor and Members of the Council, I don't believe that that's what the district is going to ask you to do. So, I think we are going to continue to work on Page 18 Meridian City Council Work Session Item#1. February 22,2022 Page 16—20 that partnership and we are going to continue to keep you informed as we continue to have this data grow and as we continue to evaluate and, then, as Dr. Bub said, this for us is not an end, it's just continuing the partnership. Hoaglun: Okay. Thank you. Simison: Councilman Bernt. Bernt: Thank you, Mr. Mayor. And, you know, I want to say thank you to Marci and Miranda that, honestly, I have -- since I have been on Council I can't think of a time that we have -- we have had such good data and such information in front of us. It's been just a remarkable change within the past year has been -- it's been awesome and that's just a true testament, my opinion, of, you know, your willingness to listen and your willingness to collaborate and to the best of your ability tried to solve a problem that's not even really yours to solve, in my opinion. And that -- and that brings me to my next issue. I don't -- guess I don't have any questions, but I do have some more comments and, you know, the state legislature -- before I go there, as I -- as I talk to people -- as I talk to people their number one concern --or their number 1-B concern is education and how we fund schools and their property taxes and how much that goes to, you know, West Ada -- you know that comes to -- goes to West Ada and -- and -- and depends on I guess the property, but it can get up towards 30 percent. It's huge. That's -- it's a big number and -- and -- and, honestly, in my opinion, the state legislature needs to have a seat at this table. They can't continue to not do anything and putting school districts in a position where they just have to figure it out or put band-aids on things or put the burden on how much this costs on taxpayers. If we want true tax relief, the best way to do it is to start funding schools properly. That's -- that's -- that's my opinion and there is just a lot of different ways we can talk about that. But most importantly I think anyone would agree with this, that the state legislature needs to start reinvesting in schools and they need to start reinvesting in kiddos and they need to start reinvesting in educators, because if they don't it's just going to get worse and it's going to get worse and it's going to get worse and as I talked to folks from Meridian, this is their concern and I see inaction and it's a problem. You know, we need -- most importantly we need funding mechanisms that -- that communities and districts can rely on, because it's the inconsistency of -- I mean there is just so much you can do. You can have all the best data in front of you and we can crunch until the cows come home, all right, but the -- it's moving, it's super granular and we will never have an exact path to where we want to go. We have to somewhat guess and -- and, again, think that this is -- this can be resolved and so -- but I just want -- this is me pontificating, but I just want you guys to know that you guys are doing the best job that you can and, honestly, that's what we expect and thank you for that. One minute and 52 seconds. I think it boils down to -- as well as just a policy issue, really, and maybe that's -- because you are going to get us the data. We are going to get to the final number and we are going to have to make a decision and that's when decisions are needed -- need to get made and the decision that needs to get made is do we -- do we fix the problem? Do we fix the problem with the schools in a preparatory way, knowing that the growth is coming and the lots are there and the development is -- you know, it -- you know, the homes are going vertical. All right. So, do we take care -- do we ask for money now and prepare Page 19 Meridian City Council Work Session Item#1. February 22,2022 Page " —20 ourselves for what is going to come or do we wait until there is an issue and, then, we ask people, you know, the citizens for -- to have them pay for a bond and -- and it's a policy discussion. I don't expect you guys to answer that question, but it's a discussion I think that we, as a Council, are going to have to -- it's going to help out, I guess, with our decision, because I know there is some that, you know, have questions about, hey, what does this look like now and how can we approve these new developments when we don't -- when -- when -- when we know that there is going to be an issue, you know, three to five years down the line. So, maybe a policy discussion is in -- is in place and what that looks like and how we approach growth and bonds and new schools in that regard. Sixteen seconds. No questions. Simison: No questions. No response needed. But, thank you, Councilman Bernt. Council Woman Perreault. Perreault: Thank you very much. Thank you for going through how these -- the information is generated. That's super helpful. My assumption is that this will, then, be used to put together a plan for how you are going to plan for growth in the district and how you are going to utilize the multiple options that you -- that you have mentioned. I still see this huge chasm between having the information and when the information is going to be utilized to make decisions. So, is -- is the staff planning on recommending to the school board a series of policies on when certain options are triggered? For example, you know, what sets the benchmark for when you decide to move a boundary? What -- what is --you know, is it based on a certain student generation rate in a certain geographic area? Is it based on a school being over capacity for a certain number of years? Mountain View is already over capacity, so we see that as like an emergent situation when we get letters that say there is 2,300 students and there is 2,175 capacity, we are assuming you are already over capacity. So, what I really want to know is what -- what's going to be the triggers for each of these options that you are sharing with us and how are we going to know when those things are triggered such that there is going to be an improvement to the program or building capacities? So, is there going to be a set of standards that are created by the district that says when this happens this is what will go into play, we will go before the board and we will make decisions financially or we will make decisions for boundary adjustments or we will make decisions for portables -- what's that going to look like? Because until that happens I don't have any sense of -- it doesn't reprieve my concern about the growth district wide and in -- and in very specific areas of our city where we are seeing capacity concerns. So, you -- we have residents coming to us at every meeting saying the district is saying that there is space, but our students are saying there is not space. Our children are saying there is not space. And -- and it seems like that there isn't -- that -- I'm not figuring out how to reconcile those two things for myself, so what -- what are the benchmarks going to be created? How are they going to be looked at? And -- and, you know, what are they going to be -- are they going to be put in place by the board. I just -- I don't -- it's beyond me that you have a district the size -- much much larger than many of the cities in the state of Idaho that does not have a plan that is based on some sense of -- of solid actions. So, I realize that the district can't -- cannot help some of the funding mechanisms -- mechanisms that they have options for us, as Councilman Bernt recommended. There was a lot of things that the district cannot Page 20 Meridian City Council Work Session Item#1. February 22,2022 Page ——20 guarantee -- they can't guarantee the passage of bonds, they can't guarantee, you know, that -- that build out is going to be faster or slower. There is a lot of variables. But there are some things you can do by saying when we get to this point in a particular geographic area, particular school, particular grid, particular facility, this is the action we are going to take. I don't understand a holistic process to be able to say when we get to this point this is the action we are going to take. Is that something the district is going to work on and how long is it going to take to implement? Gillen: Mr. Mayor, Members of the Council, that was a lot of questions, so I will try to answer them as best as I can. So, what I am going to tell you is that part of our process with the facility plan is going to look at that. So, what we are going to be doing is evaluating our enrollment projections and, then, we are going to be looking at our response to that, which may occur bonding, it we will include identification of-- if we need to put a portable based on what year two or year three is going to look like, specifically for what we anticipate student enrollment, so I think you are going to see -- start to see that the plan right now we are putting that together and, then, it will go to our board first and so my hope and expectation is that -- and by the March 14th board meeting is that we will be able to start having some of that conversation. Right now we have some plant sites and what those things look like. So, I think that we will give you some tangible ability to be able to see, okay, here is when we see a projection, here is where the district is going to try to come up with a response, some of which we control, some of which we can't; right? We can try to build a plan of what we are going to ask -- our taxpayers for. We can start saying this is what a bond would look like and we can walk through those steps. As far as the -- I don't want to cut -- as far as policy decisions, I think that will be a discussion that we will have to have at the board level, that we can, then, also start -- think a lot of this data that we are gathering and the things we are doing is getting us to the point to where we can start having a lot of those conversations. So, I think you will see this conversation continue, along with the policy -- along with just the facility plan. Simison: Okay. Thank you. So, I think we have a few more minutes -- you guys have time for a few more, if we have any one-off conversation -- one-off more questions from Council Members. I think we can go for about another nine minutes, if that works, so we can take a break from that standpoint. So, with that, Council Woman Perreault, I know you are going to have more. Why don't you -- if you have got one more and, then, we will see if there is any other Council Members that want to do a follow-up question, but -- Perreault: Yes, Mr. Mayor. I just have one more question. Regarding boundary adjustments, there has been a lot of attempts at doing that, both district wide in individual schools in the last ten years or so, many of you have been unsuccessful, because of the parent lead boundary committees. I'm curious if you can comment on whether the district is willing to consider adjusting how they go through that process, so that there is some -- so the boundaries can get adjusted in a timely way and, unfortunately, I -- I agree, it's hard when you have students, but don't want to move, but, for example, Rocky Mountain is a 600 over capacity, but Meridian is 400 undercover capacity, why is it that way when you make some boundary adjustment and now all of a sudden your schools are more evened out? It's a -- it's a political thing, to be honest, and I don't think it's benefiting our Page 21 Meridian City Council Work Session Item#1. February 22,2022 Page ,9—20 district. Horner: I don't know if I can really answer your question a hundred percent, just it's a -- it's the -- the board -- the board created this attendance area policy and that's like -- I understand what you are saying, because -- I ditto, because I did this last attendance area and I was thinking -- I think I could just whip this up real quick, but -- but the policy states -- so, I can't speak towards -- I can't speak to the board, because they just created and voted on this policy. That would just be -- that would be a board decision. Sorry. Simison: Council Woman Strader. Strader: Thank you, Mr. Mayor. First I just want to say thank you. I know I'm kind of harsh sometimes, but it's because I care. The biggest thing I am taking away from this that I'm worried about is a timing mismatch. So, we have 13,000 approved housing units coming in Meridian alone. Star has got their stuff going on and got one that's like 1 ,500 units and, you know, Dr. Bub was great about saying, hey, we will throw up the red flag when kids are sitting on the floor and we can't physically serve them. But the problem is when we turn the spigot off here, all those 13,000 housing units are still going to deliver to you and so my question is is there a way to improve either when you throw up the flag and tell us there is a problem or a way to get ahead of it and -- tell me the way we can be proactive together to get ahead of it, because I'm very concerned that at the time a crisis will happen that no changes can really simply be made at that time. Gillen: Mr. Mayor, Members of the Council, I think -- yes, I think the way to really look at that is as we have been sharing and we have shared with you lots of data and the projections we are running, we are going to need a little bit of time to analyze where we think that is and how it is we are doing and I know time is not always a luxury that we have, but part of our ability to be able to raise that red flag and give you data is for us to also be able to analyze how are we feeling with our projections. Is the community coming in at the same way? Do we have expectations of this is what we anticipate a student generation rate is going to be. How is it actually panning out. And so I think the way we get through that process as we continue to analyze the data, as we continue to partner and communicate together; right? And so that I know -- it doesn't just answer every question and give a -- a point in time, but it does allow us to continue to share that information for us to identify those things for you and so we are going to be able to do our best to share that data with you at the same time. Then we are going to also be doing our analysis to be able to see is there changes in mobility, so to answer that question that I think was asked about a student ages out; right? That's some date analysis we are also going to be doing. So, just other ways that we are -- we are at this point now where we have all of this data and so now we are able to use it, but we are also going to be able to take some time to analyze and ensure that everything we are matching is lining up. Strader: Mr. Mayor, can I have one more? Simison: Council Woman Strader. Page 22 Meridian City Council Work Session Item#1. February 22, 2022 Page 20—20 Strader: I think part of what I'm struggling with is -- you are giving us information about approving it to help us -- as one of many factors about whether we should approve a development and I'm having a really hard time with making decisions on that basis, because I know you have all the tools in your toolkit and I just -- I already assumed away that you will use all the tools. But I guess what I'm worried about is more --when we have -- if we have a district wide capacity issue where those tools -- what is the limit of those tools is kind of what I'm trying to understand and I guess I would just highly encourage you, if possible, to aggregate your data and try to look at it and maybe -- I mean maybe we are missing something -- you know, for example, if you feel that you are losing share to education alternatives and that's one of the things that's driving this why the projections are incorrect, I would love you to tell me the reasons I'm wrong; right? But for now for me just some feedback. Just seeing, okay, here is how many you have approved that's going to be overcapacity. That in isolation to me is not a good driver of a decision of whether or not to approve a development. I just -- for me personally feel like we need to pull up a lot faster from that. But do you think if you could -- there is one piece of feedback for the letter specifically where you describe the amount of kids that are going to come in, I would highly encourage you to put the time frame of when you feel that they are coming, so we can understand that. Just having a number in isolation -- like, oh, there is a thousand kids coming in this one school when fully built out, that doesn't tell me a whole lot about when we might -- if I thought, well, we are good to be for sure 200 students over capacity in the next two years, that would put a different urgency level behind that, if that makes sense. Thanks. Simison: Council, any other questions or comments? Then with that I will say thank you, Jonathan, Marci, appreciate your time and interest. I don't think it will be the last conversation we have on this topic, but it's a good starting point and perhaps there will be an update by the time we get to the joint meeting, so -- with -- with the board, the next step conversations. Okay. Thank you. Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn the work session. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 g 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 23 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 8, 2022 City Council Regular Meeting Page 3 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 'aAHO AGENDA ITEM ITEM TOPIC: Quartet Southeast Subdivision No. 1 Sanitary Sewer Easement No. 1 Page 65 ADA COUNTY RECORDER Phil McGrane 2022-018607 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/23/2022 08:49 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0120 Quartet Southeast Subdivision No. I Sanitary Sewer Easement No. I SANITARY SEWER EASEMENT THIS Easement Agreement, made this 22 day of February,)O 22 between Brighton Development Inc. 9,� - ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement V.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON DEVELOPMENT INC. Jon th d ,President ATE F IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2/7/2022 (date) by Jonathan D.Wardle (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) Notary Signature SHARI VAUGHAN My Commission Expires: 6/1/2024 Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 2-22-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 km E N G I N E E R I N G February 04,2022 Project No.20-125 Quartet Southeast Subdivision No.1 City of Meridian Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 34,Township 4 North, Range 1 West, B.M.,City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the West 1/4 corner of said Section 34,which bears S00°27'24"W a distance of 2,631.60 feet from a brass cap marking the Northwest corner of said Section 34, thence following the westerly line of the Northwest 1/4 of said Section 34,N00°27'24"E a distance of 232.56 feet; Thence leaving said westerly line,S89°32'48"E a distance of 50.00 feet to the POINT OF BEGINNING. Thence N00°27'24"E a distance of 20.57 feet; Thence S76'02'34"E a distance of 171.04 feet; Thence 22.97 feet along the arc of a curve to the left,said curve having a radius of 54.33 feet,a delta angle of 24°13'31",a chord bearing of S42°39'15"W and a chord distance of 22.80 feet; Thence N76°02'34"W a distance of 155.29 feet to the POINT OF BEGINNING. Said parcel contains a total of 3,245 square feet,more or less,and subject to all existing easements and/or rights-of-way or record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. .G a 12459 a OF SON L. aA.yyA t ,y.zoz� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com W. McMillan Rd. NORTHWEST CORNER SECTION 34 FOUND BRASS CAP X N Ct Otr 4J C d- O C� O � F � O N o � . �z N U m S89'32'48"E I J ~`` ,6 02 34' e E)50.00' (TI _ _'?�0 o4 _ T m N� N�g•02,34 w` `- 'm o N P.0.6. 155 291� `_ 7Subdivision Zdtstz No. 1 w I 0 I N o I N m LINE TABLE w LINE BEARING DISTANCE L1 NO'27'24"E 20.57 0 I I CURVE TABLE 0 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 3 C1 54.33' 22.97' 24'13'31" S42'39'15"W 22.80' 0 POINT OF COMMENCEMENT WEST 1/4 CORNER SECTION 34 z FOUND ALUMINUM CAP Y 0 50 100 150 o lam Plan Scale: 1" =50' E E N G I N E E R I N G Y 5725 NORTH DISCOVERY WAY z BOISE,IDAHO 83713 w PHONE(208)639-6939 Exhibit B - City of Meridian Sewer Easement x kmengllpxom Quartet Southeast Subdivision No. 1 i DATE: February 2022 ij PROJECT: 20-125 SHEET: A portion of the SW 1/4 of the NW 1/4 of Section 34, 1 OF 1 T4N., R1W., BM., City of Meridian, Ada County, Idaho lJ i i i i � N N op O C 1 171.04 876a02'34"e n76o0�34 w 155 29 Title: City of Meridian Sewer Easement 20-125 Date: 02-04-2022 Scale: 1 inch=25 feet File: Tract 1: 0.074 Acres: 3245 Sq Feet:Closure=s02.5726e 0.00 Feet: Precision=1/225487: Perimeter=370 Feet 001=n00.2724e 20.57 B"n'j= 3]5w,'C°a-z1 ao3'� 002=s76.0234e 171.04 004=n76.0234w 155.29 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shelburne South No. 1 and No. 2 Sanitary Sewer Easement No. 1 Page 72 ADA COUNTY RECORDER Phil McGrane 2022-018610 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/23/2022 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0121 Shelburne South No. I and No. 2 Sanitary Sewer Easement No. I SANITARY SEWER EASEMENT THIS Easement Agreement, made this 22 February 20 22 between SHELBURNE PROPEMES LLC dayof b ("Grantor"), and the,City of Meridian, an Idaho Municipal Corporation("Grantee" WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXH113ITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished- THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR- STATE OF }� ) ss County of 4w- ) l�la+��Lc�c►.. This record was acknowledged before the on 20q (date) by �gnO�PS S : C OI✓K (name of individual), [complete the following ifs in a representative capacity, or strike the following if signing in an individual capacity] on behalf off &Vj� eoiLC. (name of t on hehaIf f whom record was executed), in the following representative ent capacity: VI 1 if (type of authority such as officer or trustee) (stamp) ANotar i tre MyCo mmission Expires: rd MEGHAN E SMITH QD NOTARY PUBLIC-ARIZONA MARICOPA COUNTY COMMISSION#578551 r1YCOMMISSIONEXPIRES March 9,2024 Sanitary Sewer Easement REV. 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-22-2022 (elate.__)by Robert F_ Siniison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 I Sanitary Sewer Easement REV.01/01/2020 EXHIBIT B CITY OF MERIDIAN SEWER EASEMENT SHELBURNE SOUTH SUBDIVISION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T3N., R.l E., B.M.,ADA COUNTY, IDAHO NO'31'20'E 135lz 16' 258.05' "E S88'34'28"E 159.24' S39'51'27"E —— —----- S89-15'25"E 12.96' POINT N88'34'28"W 22185'BEGIN Nes7525"wti N 9'28'4TW 150.16' 6 N 33.65' N� nPROPOSED EASEMENT ' 31947 SF/0.27 ACRES o N N CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CHORD o CI 20.47' 55.00' 1 21-19'25" S60-48-15"W 20.35' z C2 28.54' 55.00' 29'43'38" 1 S45'39'31'W 28.22' i7 r$ d m o I 2 !II � MM r N m I ■9 o Z N W C. N I Z m W S I N I � Q I O U 26 Tn 1/4 �-- - 238"00' M2422.54 28 27 33 '43"E 2660.54' E AMITY RD BASISIS OF OF BEARING 33 34 LLAA/as 0 75' 150' 300' STf %�, a 11, 1 � 8 0 -L Larn Solutions �4y�TF 0IF ��aye Land Surveying and Consulting ON W. NP 231 E.STH ST..STE A MERIDIAN.ID 83642 1208J 28 2040 (20a)2882557 fm Ww .IdlfdwlNiol .hit np9 N0.19-� Legal Description City of Meridian Sanitary Sewer Easement Shelburne South Subdivision EXHIBIT A A parcel of land being located in the SW'!.of the SE'%of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE Y<of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE 'A bears S W14'43" E a distance of 2660.54 feet; Thence S 89014'43" E along the southerly boundary of said SE '/ a distance of 238.00 feet to a point; Thence leaving said southerly boundary N 0'31'20" E a distance of 940.13 feet to the POINT OF BEGINNING; Thence continuing N 0031'20" E a distance of 20.00 feet to a point; Thence S 89°14'43" E a distance of 135.16 feet to a point; Thence S 88034'28" E a distance of 258.05 feet to a point; Thence S 89'15'25" E a distance of 159.24 feet to a point; Thence S39051'27" E a distance of 12.96 feet to a point; Thence a distance of 20.47 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 21'19'25" and a long chord bearing S 60048'15" W a distance of 20.35 feet to a point; Thence N 89015'25" W a distance of 150,16 feet to a point; Thence N 88034'28" W a distance of 221.85 feet to a point; Thence N 89°28'40"W a distance of 33.65 feet to a point; Thence S 0031'20" W a distance of 34.52 feet to a point; Thence a distance of 28.54 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 29°43'38" and a long chord bearing S 45'39'31" W a distance of 28.22 feet to a point; Thence N 0°31'20" E a distance of 55.15 feet to a point; Thence N 89028'40"W a distance of 20.66 feet to a point; Laaf TI�UIU'tIC�I9� City of Meridian Sanitary Sewer Easement �� "es".mreane tm.Wn,y Shelburne South Subdivision Job No. 19-08 Page 1 of 2 Thence N 89°14'43"W a distance of 96.84 feet to the POINT OF BEGINNING. This easement contains 11,947 square feet (0.274 acres) and is subject to any other easements existing or in use. Clinton W. Hansen,PLS Npt. LA Na Land Solutions, PC �o Tg s February 7, 2022 �� F 11118 UI)A z l� yre O F `QP r3�2 2rON w . HPa Lc"i► d-' Olutions City of Meridian Sanitary Sewer Easement ��- ura Sunryirp n,e Canxpiny Shelburne South Subdivision Job No.19-08 Page 2 of 2 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 Page 79 ADA COUNTY RECORDER Phil McGrane 2022-018611 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 02/23/2022 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0122 Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. I SA MX SEWER AND WATER IN EASEMM THIS Easement Agreement, made this 22 day of February 20 22 between SCS Brighton Altair LLC - ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXTS; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS BRIGHTON ALTAIR LLC By: Brighton Corporation,an Idaho corporation By:_ e Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On thisq1�day of February, 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton Altair LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said Company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto st my hand and affixed my official seal the day and year in this certificate first above written. (stamp) JL )m"tz- Notary Signature My Commission Expires: ( ( SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-22-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2022 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 Description for City of Meridian Utility Easement Ten Mile Creek Apartments Subdivision A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said Section 14 bears North 89°09'27" East 1329.00 feet; thence South 33*12'40" East, 447.76 feet to a point on the East boundary line of Lot 3, Block 3 of Ten Mile Creek Subdivision No.4 as filed in Book 117 of Plats at Pages 17944-17947, records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence South 89026'24" East, 94.36 feet; thence North 00°33'36" East, 76.41 feet; thence South 89005'07" East, 20.00 feet; thence South 00033'36"West, 76.29 feet; thence South 89026'24" East, 133.53 feet; thence North 00033'39"East, 7.00 feet; thence South 89026'24" East, 7.00 feet; thence South 00033'36"West, 7.00 feet; thence South 89°26'24" East, 211.18 feet; thence North 00030'55"East, 76.30 feet; thence South 89005'07" East, 20.00 feet; thence South 00031'41"West, 106.18 feet; thence North 89026'24"West, 74.94 feet; thence South 00033'41"West, 236.60 feet; thence South 89'26'19" East, 12.00 feet; thence South 00033'41"West, 13.00 feet; thence North 89026'19"West, 32.00 feet; thence North 00033'41" East, 237.60 feet; Page i of 2 thence North 89026'24"West, 12.00 feet; thence North 00033'41" East, 12.00 feet; thence North 89026'24"West, 40.85 feet; thence South 00000'00" East, 32.17 feet; thence South 90000'00"West, 12.46 feet; thence North 00°00'00" East, 32.30 feet; thence North 89026'24"West, 43.70 feet; thence South 00"00'00" East, 5.00 feet; thence North 89026'24"West, 12.00 feet; thence North 00000'00" East, 5.00 feet; thence North 89026'24"West, 270.12 feet to a point on said East boundary line of Lot 3, Block 3 of said Ten Mile Creek Subdivision No.4; thence along said East boundary line North 00034'31" East, 30.00 feet to the REAL POINT OF BEGINNING. P. 7729 m �ATI OF G.C Page 2 of 2 0 r- N O (r0 m v m LD (A N N Ln 0 O z 0 N VI z N N N z to O N O 00 O 00 O 00 O OD � O 0 O (D O c0 O c0 O 0 (n CD n p 6i W ONi G�i ONi C�iJ CwJ ONi (D (A N G+ N C4 O (A N Z O (n 4, O! -P c0 -P Qf v C -P ap rl m :{ rri r rt ::9 rri rl rn II � r o rn v .I L4rn o rn �P (n (n o 00 c",, PQ o rn s S. Ten Mile Rd. cr o o -- - N V) 0 r r- 5- 0 cp Co I 0 Ln -P� CA N � (p 9 ' ~ Z Z O c0 O c0 O c0 O (0 O c0 r f .•. n (el N L4 rJ GJ N C+ N (GI O Ln : CD co I kO ZE/� $ + ? OJ O I � rlJ (� 0 3 m g m rT m �I �rn C D H _ _ N N r CD t/] O O j = N G7 LW O : CO m Z C Q O O O O CD 0 00 M a o o o 0 0 P o0 o rt m to — co CA o O O O (pn o y (O (r > N CN UD r�r (/� W I N O rd N N Na N N N N r r v L4 L4 L �aN � 7 _ � L30 N mN � o + m _ Z z Z Z N Z Z Z 0 Z mm _ O M O M O M O W O M r I i rj y a m i O c0 O c0 O c0 O O O (O :3 ( I Ul OOOorn' o CD 1-40op � �. oL4N O N O IQ O O N 3 —a &� O O P O Q O '? 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R r C Ul (n � � X PRO � � caS F rrlr 0)° PO N N 4 G r m DID ��Ogti �� .� NP �I OD 0. 0 3 tO a0i� w L22 °C ID� � 0 NO L18 I o ' ' r ��N� ° L L14 16 o Ln CA L L10 L12 o v -•fD+ I Unplatted CA z N ° z t° N 0 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 Page 87 ADA COUNTY RECORDER Phil McGrane 2022-018612 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/23/2022 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT 2022-0123 Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 5AMIARY SEAER AND 31AIEll N .ASS EN THIS Easement Agreement, made this 22 day of February ZQ_a between SCS Brioton Altair LLC ("Grantor")and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXTS;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS BRIGHTON ALTAIR LLC By: Brighton Corporation,an Idaho corporation By: Robert 11 Phillips,President STATE OF IDAHO ) :SS. County of Ada ) On thisq day of February, 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton Altair LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said Company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto st my hand and affixed my official seal the day and year in this certificate first above written. (stamp) Notary Signature SHARI VAUGHAN My Commission Expires: Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-22-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Description for City of Meridian Utility Easement Ten Mile Creek Apartments Subdivision A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., RAW., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing the W1/16 corner of said Section 14 from which the NI comer of said Section 14 bears North 89°09'27" East 1329.00 feet; thence South 33012'40" East, 447.76 feet to a point on the East boundary line of Lot 3, Block 3 of Ten Mile Creek Subdivision No.4 as filed in Book 117 of Plats at Pages 17944-17947, records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence along said East boundary line South 00034'31"West, 30.00 feet; thence leaving said East boundary line North 8902624"West, 60.57 feet; thence South 00°33'36"West, 8.00 feet; thence North 89026'24"West, 69.80 feet; thence South 4503336"West, 22.26 feet; thence South 00033'39"West, 123.53 feet; thence South 89026'21" East, 52.37 feet; thence South 00033'08"West, 52.59 feet; thence North 89026'52"West, 37.00 feet; thence North 00033'08"East, 28.89 feet; thence North 89026'21"West, 35.37 feet; thence North 00033'39"East, 149.55 feet; thence North 89026'21"West, 9.66 feet; thence North 00042'53" East, 10.00 feet; eNSFpsG9� thence South 89°26'21" East, 13.28 feet; cc CL 7729 thence North 45°33'36" East, 65.45 feet; �� Z) ?ItZo thence North 43008'39" East, 20.00 feet; OF X'0� '� HYC.0 thence South 46051'21" East, 28.94 feet; thence South 89026'24" East, 81.35 feet to the REAL POINT OF BEGINNING. 0 E r r r r r r r r (0 CO J Cn W N O t0 Qo J O 0 W N (n Z Z (n Z Z Z Z Z Z W V1 V1 Z V1 Z w - P� - ao 0 w 0 w 0 w 0 M 0 -t- w o w o r O� W Un t0 O 0 O c0 O c0 O O O cn c0 O c0 0 CO (n Iv Uj O Gi N P N W N GI N C W nj W W N W IJ (ri 0 CD C1 O) 0i W C)i N O (Ii C W 17 Cl O Cr1 W 6i W ai 2. N N W (A j W N W N O u O (A (AN (AN W 7 O co 4- w m W c0 w N Oo m II 00 N N O W N L4 Un V N N W p 07 O . . O c0 p p J N N (A N� c0 o o � O W 00 O O C4 m O Cn W N m o O Ut P O C, 0D O L J co O c0 J W O) O O J O s N O O i PR spFF �y N BCD . -nNN ti c' mQ 0 Cfl o cn cn -< R a0?,�P� S. Ten Mile Rd. cn o r - - - - - - r w U) N ^ A `J n my� amp _ W o m O7 CO (n . 00m Sm A W W of O N\ _ L �14 12 I 41 >; O p ° L8 �1�\ ��'\ v W J p o \ N rt S ; O W 0m � ��+ W N� I C �. n I van � o j �l L1 ms c Q a N � D Unplatted � Z � CO 5 I a m � 3 O. I •. 0 00 N �D -h °cam 3 7 < O 7 3 O � � 4 N f S j L 0 Z 0 m \ j� W N N� 0 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: 355 Ten Mile Stor-it Water Main Easement No. 2 Page 94 ADA COUNTY RECORDER Phil McGrane 2022-018603 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/23/2022 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0115 355 Ten Mile Star-it Water Main Easement No. 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 22 day of--kel)=ar, 20 22 betweenSfor-It Self Storage, LILC -poratio_("Gratitce�,__("Grantor"), and tile City of Meridian, an daho Municipal Coi n WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others.- and WHEREAS, it will be necessary to maintain arid service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to Such facilities at any and all times, TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after irtaking repairs or perfort-ring other maintenance, Grantee shall restore the area of the casernent, and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement, THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any pennartent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easernent Version 01/01/2020 public street, then, to such extent, such right-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said casement, and that Grantor will warrant and forever defend the I title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Stor-It Self Storage, LLC f I Curtis W.Hurless,Construction Dev.Head,Asset&Project Mngr, STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on / �i4z- (date) by C- W �O (name of individual), [complete the,following ilsigni�ng in a representative capacity, or strike the following zf signing in an individual capacitj] on behalf of - S-rbl -]E SC, E2;7-o,-a�e (name of entity on behalf of whom record was executed), in the following representative capacity- R el Q (type of authority such as officer or trustee) oo.01 CAL �r !1� '0 v TAR *`Y1.0 • 2Notary Signtfure PUBLIC 0: My Commission Expires: ZZZ Zo 25 No OF ""'110116"101 Water Main Easement Version 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 2-22-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. {stamp} Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 i ■M7 ON Quadrant Febnmry 1,2013 Consulting. Inc. Pagel of 2 EXHIBIT"A" WATER MAIN EASEMENT i IN FAVOR OF THE CITY OF MERIDIAN An easement for a water main,across a portion of the Parcel of land described in Warranty Deed Instrument No. 101115511 said Parcel also shown as Parcel"A"on Record of Survey No. 5576, Instrument Number 101108209,Ada County Records,situated in the SE '/4 of Section 10, Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho,said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 10;thence along the East tine of said Section, North 00°27'06"East 1354.18 feet to a point;thence leaving said East line North 89°56'18"West 48.00 feet to the Westerly right-of-way line of Ten Mile Road;thence along the south line of an existing water main easement recorded as,Instrument Number 99036695, Ada County Records North 89°56'18"West 757.75 feet to the point being the southwest corner of said existing easement,said point being the POINT OF BEGINNING;thence North 89035"30" West 130.40 feet to a point; thence South 46 0 08"10" West 101.85 feet to a point; thence North 88a51"50,, West 441.66 feet to a point; thence South 46°08"10- West 30.57 feet to a point; thence South 01008"10,, West 110.57 feet to a point;thence South 46008"10,, West 41.76 feet to a point; thence North 88°51"50- West 41.47 feet to a point on the west line of said Parcel A; thence along said west line North 01°08"10- East 20.00 feet to a point;thence leaving said west line South 88°51"50•, East 33.19 feet to a point;thence North 46°08"10,, East 25.19 feet to a point; thence North 01008"14" East 110.57 feet to a point; thence I North 46°08"10" East 22.53 feet to a point; thence 1904 W.Overland ■ Boise,ID 83705 • Phone(208)342-0091 • Fox(2081 342-0092 www.quadront.cc Civil Engineering 6 Surveying i ■■ Quadrant North 43°51"50•' West 9.80 feet to a point;thence Consulting. Inc. North 01008"10"East 35.42 feet to a point;thence South 88°51"50"East 20.00 feet to a point; thence South 01°08"10" West 24.94 feet to a point; thence South 88°51"50- East 392.50 feet to a point; thence North 01°08"10,, East 24.94 feet to a point; thence South 88°51"SO" East 20.00 feet to a point; thence South 01"08"10- West 24.94 feet to a point;thence South 88°51"50" East 33.49 feet to a point; thence North 46°08"10n East 106.09 feet to a point;thence South 88°51"50,, East 34.31 feet to a point; thence North 01008"10- East 15.91 feet to a point;thence South 88°51"501, East 20.00 feet to a point; thence South 01008"10" West 18.28 feet to a point; thence South 89°3S"30,, East 81.12 feet to a point on the west line of said existing easement; thence South 00'24"30,, West 20.00 feet along said west line of the existing easement to the POINT OF BEGINNING. Said easement contains: 19,679 square feet or 0.45 acres, more or less. LL CL OF LO'JN� 1904 W.Overland Boise,ID 83705 ■ Phone(208)342-0091 • Fax(208)342-0092 www.guadrant.ce Civil Engineering 9 Surveying >m LB G)m rrrrrrrrr Iv'b 450.00 C d Cw N O to O V O) Cn d u ha rz zzzzzrnzzrnv, v, zcnz Z 0) rn OD - I d � dddc" d (Am � dLAcudua00 OD OD CD + � -1 ; i I � ! WO 00000000000 � 0o n r � m CA r4 :E r+j rq r+i r4 r+j m C.i j 0 Gi tONONwO - -. 00 _. p m I � I ry , j LLIBr /� r- z Z �rri r r r r r r r r r r _r r r r LA y a to y rn y z y z y z cn Z / r L26 Ln n ' ,p OD � Cb p Cb d 0 0 _p C2 z m �n i �I 34 d 1% CD CR CD n Crl J �oo �00000 �000 �o cri C ; L D Icn *i ni ' r4m m'ni ni r*i rri I / I C00 �M� �1 Raj Clf ha CD N W O (.r NNNb NN C i z '� J O Cb O N d O� [.i J. O 1. !V d O -1 J �+ O N O rp W O d to a'toCn to Im O N co -. _. to to d O d O d O I O rn lw z a C) z i o � ; m 0) I" %4h ' O C� cD 0 LW rn Ln z z 0 I Cn , rn I a ■■ + cl I fit ■■ ' I 1354.18' ITO (n(n 3 Q i� N00'27'06"E 2646.07' BLS OF BEARING Q �� rt TEN MILE ROAD f� -D+ 0 0 zz z 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North No. 9 Sanitary Sewer and Water Main Easement Page 101 ADA COUNTY RECORDER Phil McGrane 2022-018613 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 02/23/2022 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0116 The Oaks North No. 9 r t a THIS Easement Agreement, made this 22 day of February ZQ-22 between Lionwood Properties,LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV 01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: J mes W.Smith,Manager STATE OF IDAHO ) ss County of Ada ) \IAN" � 4 This record was acknowledged before me on (date) by -LiAm-e6 to Sm+ I h (name of individual), [complete the fallowing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Lionwood Properties,LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Manager (type of authority such as officer or trustee) a Y SMITH #23655 RLIC OF IDAHO N EXPIRES 02/161202, Notary Signs re WV My Commission Expires: l� Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-22-2022 Attest by Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 2-22-2022 Oate) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A Legal Description City of Meridian Sanitary Sewer & Water Easement The Oaks North Subdivision No. 9 An easement located in the SW'/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SW'/4 (S % corner) of said Section 28, from which a Brass Cap monument marking the southwest corner of said Section 28 bears N 89°16'58" W a distance of 2635.25 feet; Thence N 0043'41" E along the east boundary of said SW '/4 a distance of 2634.11 feet to a 2.5 inch iron pipe monument marking the northeast corner of the SW '/4 (Center % corner) of said Section 28; Thence along the west boundary of the NE%of said Section 28 N 0043'58" E a distance of 625.86 feet to a point; Thence leaving said west boundary S 77058'14" E a distance of 493.25 feet to the POINT OF BEGINNING; Thence N 12001'47" E a distance of 20.00 feet to a point; Thence S 77058'13" E a distance of 27.00 feet to a point; Thence S 12001'47" W a distance of 20.00 feet to a point; Thence N 77058'13" W a distance of 27.00 feet to the POINT OF BEGINNING. This easement contains 540 square feet (0.012 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS a��I- LA ND Land Solutions, PC October 5, 2021 0. 1� 1 Q V X T rF 0 C:> F �� 0N W , HP Ult7&f�o1utflDnS The Oaks North Subdivision No.9 Land surveying and Consulting Meridian Sewer&Water Easement Job No. 18-35 Page 1 of 1 EXHIBIT B CITY OF MERIDIAN SANITARY SEWER & WATER EASEMENT THE OAKS NORTH SUBDIVISION NO. 9 LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 28, TAN., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO i 540 SF / 0.012 ACRES S77-58. POINT OF BEGINNING o E 493 25' z N .��577.58•r3"E m V7758'13" W ri ?7 00, 20 as 47„W W �pR�H PR�P13so �A0 9 Z S�g�1�IS10N c o� C 1/4 � M Z N U s z im 29 28 2fi35.25' 1/4 Z N88'1fi'S8"we 28 _ _ W. McMILIAN ROAD 28 27 32 33 BA515 QF 33 S89'16'45"E 2635.54' BEARING 33 34 p,L LAN q- 7ER 0 a N11118a �,ru 05 z t , n�ij,TTF 0 F oN w.HP 0' 50' 100' 200' Land il ut i o n s Land Surveying and Consulting 231 E 5TH ST,STE A MERIDIAN,ID 83642 (206)2ee-2040 (208)286-2557 fax SHEET 1 OF 1 www landsolutions biz JOB NO I8-35 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for East Ridge No. 3 (FP-2022-0003) by Sophia Durham with Conger Group, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd., on Parcel S1132438570 Page 107 Item#8. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Alan Tiefenbach Meeting Date: February 22, 2022 Topic: Final Plat for East Ridge No. 3 (FP-2022-0003) by Sophia Durham with Conger Group, Located North of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd., on Parcel S1132438570 Request: Final plat consisting of 55 building lots, 1 private street, 6 common lots and 3 common drive lots on 8.69 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 108 Item#8. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/22/2022 Legend U DATE: x TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 : SUBJECT: FP-2022-0003 �J Impressive East Ridge No. 3 LOCATION: North side of E. Lake Hazel Rd.between .r - S. Locust Grove Rd. and S. Eagle Rd. in `t , the southeast '/4 of Section 32,Township 3N.,Range 1 E. rf, + 1 I { 1 I 5 I I. PROJECT DESCRIPTION Final plat consisting of 55 buildable lots, 6 common lots, 1 private street and 3 common drive lots on 8.69 acres of land in the R-15 zoning district.NOTE: The Director approved a private street application which includes the private streets for the entire R-15 portion of the development with Impressive East Ridge No 2. II. APPLICANT INFORMATION A. Applicant/Representative Sophia Durham, The Conger Group—4824 W. Fairview Ave.,Boise ID 83706 B. Owner: C4 Land LLC—PO Box 1610,Eagle ID 83616 III. STAFF ANALYSIS The annexation,preliminary plat and development agreement for this development was approved by City Council on November 2017 as the East Ridge Estates Subdivision(H-2017-0129). The approved project allows the construction of a residential subdivision consisting of one hundred thirty-nine (139) residential lots and seven(7) common lots. The Final Plat for Phase One was approved by the Council on July 17, 2019. The Final Plat for Phase Two was approved by the Council on March 2, 2021. In November of 2020,the City Council approved an amendment to the development agreement(H- 2020-0096). This was due to a request of the applicant to make changes to the configuration of the Page 1 Page 109 Item#8. plat and landscape plan,replace a required clubhouse amenity with a dog park, outdoor ramada (shade structure), and water feature, and eliminate a number of requirements that were originally established to address concerns of an adjacent property owner to the west who has since sold their property. The ramada and water feature are being constructed with the second phase. Gated private streets are proposed with Phase Three. UDC 11-3F-4 lists the design standards which are required for private streets. The preliminary plat proposed common driveways off private streets, whereas this is prohibited by UDC 11-3F-4-6. Alternative compliance is allowed from the design and construction standards, and at the time of the preliminary plat the applicant was granted alternative compliance to allow the common driveways. It should be noted the road configuration with the preliminary plat proposed numerous common driveways off private streets,whereas the current proposal only includes three common drives. The applicant submitted private street sections that comply with all remaining requirements of UDC 11-3F4. A complete maintenance agreement that met the requirements of UDC 11-3F-3B.4 was submitted with reviewed and approved with the second phase. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and modified development agreement in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat matches what was approved with the modified development agreement,does not increase the number of building lots and contains the same amount of qualified open space, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 110 Item#8. V. EXHIBITS A. Preliminary Plat as Approved with Amended DA(date: 10/23/2020) 1_ - -- ---- -- - -- ----1— - - -L 1 I = I •v '1 '� 'I f9 !, r 4i 7 1 Y14 W 17 �N 9 w 7: 71 a. 'j r r F i f I .3 F I .•v - ~ 03 = _ TO r I' w ,pT 01 IW TM r _ +c-1 ic_ i.:i ,�I 1 � -' .z �'^ '«—'ar yiru� f _•"r r,r T: .� I 11 »sr f• s le` w 1 _ f •+� f 14 .PA .Re 17 - sr I SS -� a3 I 1r 13 .. _LL_ ,ti r a• "r F ' v r ' F i sl Page 3 Page111 B. Final Plat(date: 1/2022) 5 99'57;r E V 940,37- �, �°� 3`��I L �*ir`-�_� �-`�{ -- . a -T 87 , xw 14 LANE PVT Tm �T —UAV- ."I cw ------ xfary tea' I A" _ faw jy Ial '01 jv ------- ----"--U-I-C-K--I---- of L IL -,r-1 1 1 -WAU 's, 214 W— --- �aw- 46 ICI iB 111b�K 4 =•r PUM-TA91 P. Y7 70 Al N, 49 LTNtTARLE- MR, 61 HE i4my.— Zf t 17P W.S.M T 'fil3.37., -J ------------— ----—----— - u pf ---------—-— - 14 I 85 Sai'FAl'F Ida v__j 1-N J FCENEJ ---------- -97 -,LVL.- 11574 11574 I E. FERCHAN rffi w irz LAMB WVT) ------------ Ir".110.1 go. WEREN= RU M.j, W, LL-2 Page 4 Item#8. C. Landscape Plan(date: 10/1/2021) I'; } 13, ,a I. 1In lu 10} loo III 95 II . + I MATCHLINEL r.w.11a<I.,Rv�.r _ ly 96 MATCHLINE L2 ¢1 _ MATCHLINE Li MATCHLINE L2 _ iz ns L- _s— I � I � I SS �I .i fi7 T I I I 'Mn'.r.lc.:x filr.a. F I {�.i ILRIFE'illt �3 ij, - ly `f _ I I = I I I 1 y fi5 I' S5 FI I ' f I ' Ilxlliil.11l II is{..I.. I I fl III' III• �I " •II 55 I'I _ i 1 I'V- y �III 11 A (rvr) — I III I � I fil I I I ca.rnn�.�lraNc xi.I I t l I [ e E.LAM ffiM RIM u Page 5 Page 113 Item#8. D. Open Space Exhibit(date: 10/23/2020) - - -- -- -- -- L- I I I I r A ;F � I � F Page 6 Page 114 Item#8. E. Common Drive Exhibit(date: 1/24/2021) vk LA J Ic D S ———LOT 53 TAKES ACCESS FROM I.:.. . OTM05T LN. DRIVEWAY LOGATEa ON NORTH SIDE OF LOT. I � 63 J � I � L-- ------------ k EBERGHAN LN tPV7? LA 62 I I '..:. V1 20.M' FRONT �5.�C}' LSPC y —————————SETBACK TYP. BUFFER I � I I 12.00' REAR I 59 SETBACK TYP. 20_00' COMMON DRIVE I 51 I LOT 59 TAKES ACCnS FROM BERGHAN LN. DRIVEWAY LOCATED ON EAST SIDE OF LOT- BLOCK � I I I I � I -- J N W--------------- ua COMMON DRIVE ANO LANDSCAPE � BUFFER TO BE OWNED AND o m a MAINTAINED BY HGA. LOT 54 R� UIDNTAIN5 A PERPETUAL r u' INGRESS/EGRESS EASEVENT Page 7 Page 115 Item#8. LOT 77 TAKES ACCESS FROM BLOCK 4 GALLEON LN. DRIVEWAY LOCATED SETBACK ITYP.�{ o ON EAST SIDE OF LOT, 04 I _" I I I I I I I I I I 10.00• SETBACK 75 76 _ 78 UTILITY ESMT 77 Ip� I I o Iv� �W COMMON DRIVE AND LANDSCAPE 0: a" BUFFER TO BE OWNED AND o �� MAINTAINED BY HOA. LOT 74 o I/ CONTAINS A PERPETUAL N INGRESS/EGRESS EASEMENT E GALLEON LN(FVT1 74 ———————————— —— 12.00' REAR a SETBACK TYP. � f 73 al LOT 73 TAKES ACCESS FROM z UTMOST LN. DRIVEWAY LOCATED ON SOUTH S1DE OF LOT. � 710 r LOT 90 TAKES ACCESS FROM BLOCK 4 GALLEON LN. DRIVEWAY LOCATED ON WEST SIDE OF LOT. 5.00' SIDE S SETBACK TYP. f 10.00' SETBAC UTIIJTY ESMT 89 90 91 92 I I i 14 I i z I N r BUF MAID C0 E GALLEON LN(PVT) INGI .� 03 -- -----------I U R EAR SETBACK TYP. I S q m 44 � I LOT 94 TAKES ACCESS FROM z _•�aa KIWANO LN. DRIVEWAY LOCATED p ON SOUTH SIDE OF LOT. 99 98 1 I rage a Page 116 Item#8. Emergency Access Exhibit(date: 1/5/2021) E E- E DI R T 1 Lvehide ary [h.0 s -gr I I I I I I I I I I I I I I I I I r - 1I � _ _ _ _411 x -- - izf y ---------, sc T I I e r - s n �--------� 7' i.s.M�r" I L I i l I 14 I I I EC i .a L--------J L qE;' r R I I r--------� r--------i --------- I T. ..,.R-,w. � u ao /1 .- ---------- I r • . I I I I I TO I ti r--------, PnTpavy sire II - II II II II II , P.T I I I I I I I I I � � I I l I I I I I _ I I I I EE E x'R aoun,nwll^ o [ o � AL'EC Erlc•1: i. A:f°trE lzJ al�.� Page 9 Page117 Item#8. F. Amenity Details (date: 1/5/2021) a pis as ss a� m x9 zs xr m xs za za 2l E2'EMd LANEIPRIVA7E1 - '' as ,7 a. J } 3+ s 37 l 4'i g — as 3s N Ramada o r Water q:.. ,• �F Shea Featlhe 43 39 6 ✓ i -- _ 42 40 EB CRAM LSNF MftJVATZ lu i rb M-81 Water Feature mail 4 '3 S r 1 { F -- Page 10 Page 118 Item#8. VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation,preliminary plat(H-2017-0129) applications approved for this site and development agreements(Inst. #2018-052339 and H-2020- 0096,Instr.No 2021-025636). 2. The applicant shall obtain the City Engineer's signature on the final plat by August 10, 2023 in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. The final plat prepared by Sawtooth Land Surveying,LLC., dated January 2021 by Jeff Beagley, shall be revised as follows: a. Note#4: remove the reference to a conditional use permit. b. Notes#19 &20: add instrument numbers. c. There shall be a note added to the plat which indicates which lots access the common driveways, and the entity responsible for the maintenance of these driveways. 4. All fencing installed on the site shall be consistent with the standards listed in UDC I I-3A-7. If permanent fencing does not exist at the subdivision boundary,temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits. 5. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 6. Future homes constructed in this phase shall be consistent with the approved elevations contained in modified development agreement H-2020-0096, Instr No. 2021-025636. 7. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 8. Prior to the City Engineer's signature,the applicant shall obtain approval from the Post Master of the proposed mailbox location(s). 9. All private streets shall be constructed in compliance with UDC 11-3F-4. For the purposes of this application, the applicant shall only construct the portion of the private street in accord with this phase. The reminder of the streets shall be constructed with a subsequent phase. B. PUBLIC WORKS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for Page 11 Page 119 Item#8. such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per Page 12 Page 120 Item#8. the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 Page 121 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Oakwind Estates No. 1 (FP-2022-0001) by Brandon McDougald with Kimley-Horn, Located at 6180 W. McMillan Rd. Page 122 Item#9. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Alan Tiefenbach Meeting Date: February 22, 2022 Topic: Final Plat for Oakwind Estates No. 1 (FP-2022-0001) by Brandon McDougald with Kimley-Horn, Located at 6180 W. McMillan Rd. Request: Final plat consisting of 91 townhouse lots, 24 single family lots, 2 common driveways and 16 common lots on 16.82 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 123 Item#9. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/22/2022 Legend DATE: ------ lei P-o7jL-u Lc+colion TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: FP-2022-0001 -� Oakwind Estates No. 1 LOCATION: The site is located at 6180 W. McMillan --- Rd, in the SW 1/4 of the SW 1/4 of Section �{ 28, Township 4N. Range 1 W. s I. PROJECT DESCRIPTION Final plat consisting of 91 townhouse lots,24 single family detached lots,2 common driveways and 16 common lots on 16.83 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: Nicolette Womack,Kimley-Horn-950 W Bannock Street, Ste 1100.,Boise, ID 83702 B. Owners: Oaks Build to Rent,LLC—4900 N. Scottsdale Rd, Ste 4900, Scottsdale,AZ 85251 III. STAFF ANALYSIS In 2020,the property received approval of a preliminary plat and development agreement modification to construct 94 single family lots and 92 townhouse lots(H-2020-0093,Instr. #2021- 046527). This is the first of two phases. As a condition of approval of the Oakwind Estates Preliminary Plat,the Council required the north- south oriented pathways shown south of W. Daphne St to be combined into one pathway of at least 30' in width, and a recreational amenity be provided at the intersection of the townhouse mews and the pathway. The applicant has combined these pathways, and has provided an outdoor fitness area in this location as required. This is indicated on the landscape plan. Pagel Page 124 Item#9. ALTERNATIVE COMPLIANCE The applicant has also submitted a concurrent alternative compliance application to deviate for the standards in UDC 11-3H. UDC 11-3H states residential development along McDermott Road from Chinden Blvd to I-84 is required to provide noise abatement by constructing a berm or a berm and wall combination a minimum of ten feet(10')higher than the elevation at the centerline approximately parallel to W. McDermott Rd. The applicant's landscape plan does indicate noise barrier fencing along N. McDermott Rd, although it does not have a variation in color or texture or stagger every three hundred(300) linear feet as is required. The applicant requests alternative compliance from this requirement. UDC 11-5B-5 allows the director to grant alternate compliance from this requirement when explicit compliance is not feasible or the alternative means is superior to what is required. Requests for alternative compliance are allowed only when one(1) or more of the following conditions exist: a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this article; e. The proposed design includes innovative design features based on "new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods; f. Additional environmental quality improvements would result from the alternative compliance. In order to grant approval for an alternative compliance application,the Director shall determine the following: 1. Strict adherence or application of the requirements are not feasible; or 2. The alternative compliance provides an equal or superior means for meeting the requirements; and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The applicant has responded that there would be an additional environmental quality improvement for granting the request. The wall as proposed is a steel type of fencing that will be more aesthetically appealing as it is designed to look more like a fence than a traditional concrete or modular block wall, however it is not engineered for staggering. The applicant notes this same style of wall was utilized by the Oaks North and South Subdivisions. The Director agrees that the style of wall proposed is more attractive than a concrete or block wall as it resembles a fence. Also,this sound wall is proposed in combination with a 4 ft. tall landscaped berm,which would provide additional visual relief. The Director finds the alternative compliance provides an equal or superior means for meeting the requirements and will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Page 2 Page 125 Item#9. However, it is not clear on the landscape plan that berming is included. Staff recommends a condition that this be clarified on the landscape plan prior to City Engineer signature of the final plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat does not increase the number of building lots and/or decrease the amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. The Director has approved alternative compliance from UDC 11-3H-D which requires noise attenuating structures walls/fencing to have a variation in color or texture or stagger every three hundred (300)linear feet. Page 3 Page 126 V. EXHIBITS A. Preliminary Plat(date: 9/1/2020) M—MMM L I _Is L?1 121 4E' 2 21.4F' L I 5 t L I I j 4 t9� J t! Lo -`j L I L I 4' M d -2 j '.K Af�WW'WE J.02' 20-54 L.1 OL (D __,777, SV21 _�W 567 ,ow# —-——-— dRow M.Rft IMAM 4 b4.......4 GF6 N M%R AN F4 Ao-m M M'�md Am'm Page 4 Item#9. B. Final Plat(date: 1/6/2022) P. Mull r vk1+ st. 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INUATM-SWErtELF4 Page 5 Page 128 Item#9. 5EE Gaff INugnaN --- SHEET 2OF4 SEE CONTINUAT1ON-&HEET2 OF 4 T LSiPLATIm71m'-tST+2'SIS•E H459q'42� f,i4,1u, 71�94' 61.31' SHIM 1�E "' „ I :s r� araxe _ 1 ofru SBB-i4't8'f NE E H9�'1'}SG`48'E N6577'e5'E 1�7 ue se '' rfadr 4 �i — no:r�' iA I r.rs x 1 M J �7GO{s L9� G.a9,d f" 7p pE 737 Y 'AW 19E { V f W. n a xown F. 7 _ alaac I v (� as rear wnni' -'4, Wt-I M r�s mWt _P 7373 L4yST 1V7 ?5 i+7'A_F5 a53Y 15+v' dIXa7 xnef 75di' aH.X � q L1 - I se�s�'•An�.r* I� �; - �; x z � - ; x"a,•.-I #' 251 2-.9a 35u xY�3' �sy' ss�a'�x 4 _ seese ia'E aq' 6-`rn� � C srrt nrt 1@.JB' f zc3i ]uC� �' y� { =� II ' rAx,:x'� � 4`_�€r^ ----� �-----��- ,a4"`�,s�_---�"�V__�__, .�� '•. ,�nna'+'a.axr�1� OI L� .f �I allaa 2535 nlad x,3a as�r ulaa' _�aa�se• 3•,3<• >5.a� c,I x ':,�• yx � � ^�P Mar RL S'�V $➢pF 1 - a I ion 3s 7�u FE.'a7 r,r'm t,_ > Rde' air 2Y.IS' 3f 1Y �rMf� ;•..v'.2]11' ..1s�9.� � �.,` 7 kSAY 7i9' Z15,Y eS dY 7SLf 75p1' mw I533' 7e s' P533' - .. - 1 8 u 'N� I _ 9E7' S6.r'7 _ ':5[I. 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NA.'+6'5ffVf 85&52' Fiery ��.,BEgWIWG. ..................,..,.........................................................................................................................................................................._se��c3et....... ,.aY...................................... 5hN Of KAWN ........................................................ Page 6 Page 129 Item#9. C. Landscape Plan(date: 01/7/2022) i J I IT I - IT I, Jw ' + I I I I �ti 11 L r la I S +j �I �5 �kp t f f l + r t , I —— — —— F 8 30 1] Y}W Ld1.0 1'•hT k'FIX Page 7 Page 130 Item#9. Ij 4ti �,1 y • iSi' �. §I 'I I � I ., If IN r i.M A PIRA �p Il[ I r+,gFaawn,�„o- ly J� • - ��aaE Fme _ y + I �: II . •� � r �� E�IFA FBa�FfIR'T- I Il lC' 4F 64LS N6R�Fv- I MILANO �� - �—•� Ire ----�-- - - I .S l. aw 9PE1SF13RT}_kIB I' I + r-• 1 � �•�,, .+`w �C'. u - f I �] IFS � -— — — roan, Aki —41 rcur..m u _ s♦,. Page 8 Page 131 Item#9. 7 ,7 �— JJJ I I I I [ I I I I I 4.�_ � EF __ � f5 I 1 I ' II lI q F - ' I I o n f I III ``�----•''• - - --- � m � � ---- � _—------ - df I I � w l'�� I I• I , I I I _a - --r' -•Fy - -I- - I -- -- '� r -r w npGaP CREEK sT Ut t � - c` r o I u.a Page 9 Page 132 Item#9. r-----------------------------------------------------------r r------------------------ t 1 1 71 77 IV- t 1 t I 1 t � 1 t � 1 1 1 1 ! ] 'Nd�BWtlEk i 1 � l t 1 1 1 t I 1 1 t 1 1 I � � ]PVHSNR`YOKE —� . � �� 1 `. � `f�. �• '.�• ,_.� ——, - — I———i-f-rre Eosr-sEEOErµ u,u. _ik-_ n.e�ser-�oEru�u,oY Ln�'.ve"�.Yn"�..a •.'• 1 I rAOY E:]OE cr vxa�vrt 1 1 --------------------------------------.---------`------------L Page 10 Page 133 Item#9. I II 1 hl I j W RIVA CAPRI 57 % � '-- i ��•- _ +._— i_ -- - ' rmwo��sn` r�i®w'�rer�o i � —i �"' _i _ -6aY,oin��,Lo�� I v. TFE EIiB'.dEE�ETi45liW — —� �-!I]iMTb�EIOBN�f3�34E T8 ; I _ _ _ '!E EAST-]FE OETK SM1iO4 4 �f �,,�,5?'l� C7I\-fib. b a s� _ • _ E�.�: �_. �'tJ ^ �i� �:. 'a � 'a ti1.�'1 ��'aa I R2Ci1 Fps OF FMYBL]!f ----------------------------------------------------------- Page 11 Page 134 Item#9. D. Amenity Details (date: 01/07/2022) ju W DAPHNE ST ------_ - = - - ` AMENTITY AREA ENLARGEMENT AY-LR l-=Rr T' ----- IssauAREawmEsA�l. CS)PAWNG Or MLA t3U6NN'BMOP CX TRAC OF SKU1 L O. ORAIYIHG DF SAL A77 _ COHTRA.CiDR SNIT 5UBNi5MOP TRIRWNO FOR APPPQvAL Ew OMAR I F IV t tfVA)W TREUF5- Op1IIRA"8w &SY O I NE FIR+SHMCi T Oau Br OWNER O Q ISTRwrxa.E srv�SAIL- — [a]NFRACTOA 9FwA SLBhYt SHOP 16 iRIA/laYf SK^OE 5+i1- MOMNa OFSAL ATTACFWeI B 1OR 31W1.SL/BMIT SFILw DRAM OF SAIL.ATTACJI"E . It SQVARE 8I MtAIL- CONMACtOkS u suawt SHOP (&A&04 OF SPA.AT'rACMAFN1S FFOVLESFIOP DRAWING OF SIZE AND Fmla nG of Fort{STfrvo} ' I I PUSH IIP StAl"EV O FITNESS FURPO6E3✓C1I[IV Wp�4PE FOp�• ST.alperm�OI�:kE IF I MaGEL-*11R F° .�rIALL REP ONOR.Irt SLAB AH131EEE POWDU FNAT KP[R OMI PLANS I MAHJFA[TIId�RS RtrC_,rTKM O'JA•TEDi ME OR OTNERAPPRWW EYowNEIL rWACE mom r1 p S&A 9k RLMER 6V O FITNM LOOFA IURE`SRF" TTQNs NOO*.L NLRAUA f` NSIALL MR 5TEvli[v Wltmes5, IL �FACTIIRERS RECOUWNDAr4NS NUABER.FU0"NSTALLfM NIAfAI�ACYIlRCRS PECCIN1 110H5 ll rRa.E NOR ueARer aartrrtsa- - MOWLN1IMBER Fg(OI s.INSTALL PER IAwuyFnclyRERS pGC HInnTroN5 QXQR9RE$LATS FORMS- COLORIPESLATSANOSTEELPOWDER I OQATG G fkAW.OR oMEk AFFRpr10 SIMPLESR4R FS4Wjv STALL$q• 9V OINIER GVRFACE MOLAfT PER NGC(SHL�BER�F^ M NSTAL[FSn M."ACTI is A! TAaripNs MANUFAOT�JRQiy R�COMMEIi'ATTCN�.� 1 OOIIPLEOPSlRT10NY. StNL PeR f MNN/AGlF1�R'S ilEppd�FglAiICHS �\ OUTDOOR FITNESS AREA SCNC T=p Page 12 Page 135 Item#9. D. Proposed sound wall example. ` i 1 i:.�:L�..•: ::":.t. x ,,:. .€,� Page 13 Page 136 Item#9. E. Common Drive Exhibits Lu ❑ W z S • ; f. p 4D d W 2 .�._0�._.�._ x. 1 Z 20' GARAGE FRONT 39 +X \\ -10'LIVING FRONT W RIVA WIM 5T SHARED DRIVEWAY -• - 12' REAR 36 r �. 20' DRIVING 5'LANDSCAPE SUFFER SURFACE 37 TOWNHOME ORIENTATION � I � � 90' STREET SIDE 33 . FENCE (SEE LANDSCAPE PLAN) I FENCE I l # f 4 (SEE LANDSCAPE PLAN) AS 1 1 ,kph--NX, + NOTE: LOTS 37A2 ARE RESIDENTIAL TOWNHOME LOTS. Page 14 Page 137 Item#9. i20 GARAGE FRONT ��$ 1O'LIVING FRON I 34 La I f r-= 9 Ld f FENCE(WILL NOT EXTEND x ■ ; S SIDE 10 EAST FRONT PLANE OF ADJACENT DWELLING) 20'GARAGE I HI Y� RNA f; PRI ST FF ONT S'L NDSCAPE BUFFER 10' LI'VINS 1' FRONT ;HARED DRIVEWAY 20'WIDE Yd DRIVING SURFACE i 10' 5'5IDE I k 'IU STREET SIDE 1$ I 15 TOWNHOh1E ORIENTATION I p i I Z REAR T At Page 15 Page 138 Item#9. VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. # AZ 08-004,MDA#114030972) and preliminary plat(H-2020-0093) applications approved for this site. 2. The applicant shall construct the street buffers,pathways and sound attenuation wall along N. McDermott Rd. and W. McMillan Rd with the first phase of development. 3. The applicant shall obtain the City Engineer's signature on the subject final plat by January 5, 2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension, in accord with UDC 11-613-7. 4. The director has approved alternative compliance from UDC 11-3H-D which requires noise attenuating walls/fencing to have a variation in color or texture or stagger every three hundred(300)linear feet as the wall is designed to resemble a fence rather than a concrete or block wall. 5. Prior to City Engineer signature on the final plat,the final plat prepared by Land Solutions, stamped by Clinton W. Hansen, dated: 01/06/2022, included in Section V.B shall be revised as follows: a. Note 10,add Instrument Number. b. Note 12,add Instrument Number. 6. The landscape plan,prepared by Stack Rock Group on January 7, 2022 is approved with the following revisions: a. It should be clarified on the landscape plan that there is a 4 ft. high berm in addition to the noise wall along N. McDermott Rd. b. All pathway lots shall be planted in accordance with UDC 11-313-12 including a landscape strip a minimum of five(5)feet wide along each side of the pathway and shall. 7. The applicant shall preserve any existing trees on the subject property that are four-inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11-3B-IOC. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC I 1-313-13. 9. All townhouses are required to obtain design review approval prior to building permits in accord with UDC 11-5B-8. 10. Developer shall comply with all ACHD conditions of approval. 11. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. Page 16 Page 139 Item#9. 13. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Streetlights must be installed and operational,with approved record drawings submitted,before any form of occupancy. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health Page 17 Page 140 Item#9. improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Page 18 Page 141 Item#9. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 19 Page 142 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law 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. Page 143 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN, AND DECISION&ORDER A In the Matter of the 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. Case No(s).H-2021-0101 For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 8,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 8, 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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 8,2022, 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 § 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 8,2022, 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 February 8,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) -2- By action of the City Council at its regular meeting held on the 22 day of February 2022 COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-22-2022 Attest: Chris Johnson 2-22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) -3- EXHIBIT A STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 2/8/2022 Legend w DATE: F• ;eo Lxo:on 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 RB 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 III. 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 147 Item#10. 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 11-213-2 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 148 Item#10. 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. B. The Meridian City Council heard this item on February 8,2022.At the public hearing the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearing: a. In favor: Gurnoor Kaur b. In opposition:None C. Commenting: Gurnoor Kaur d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 3 Page 149 Item#10. VII. EXHIBITS A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021) PARCEL I- LOT 1 IN BLOCK 1 OF PACK TT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO. PARCEL II: A PARCEL OF LAND BEING ALL OF LOT 5,AND A PORTION OF LOT 2IN BLOCK 1 OF PACK IT UP SUBDIVISION LOCATED IN THE SOUTHEASTQUARTER OF SECTION 16,TOW NSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6228.AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CID M MENCING AT THE SO UTII EAST CORNER OF SAID SECTION 1S,FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION BEARS SOUTH 69'44'18"WEST,26496.119 FEET,TH ENCE SOUTH 89"44'16"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CE NTERLINE OF W EST OVERLAND ROAD FOR A DISTANCE OF 11197.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'Z8'51"EAST FOR A DISTANCE O F 4&DO FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF W EST 13VERLA.N D ROAD AND THE SOUTHWEST CC RHER OF LOT 3 BLOCK 1 OF PACK IT UP SUBDIVISION,BEING THE REAL PC INT OF BEG INNI NG;TH ENCE NORTH DW28'51'EAST ALONG THE WEST BOUNDARY OF SAID LOT 3 EKTE LADED FOR A DISTANCE OF 165.40 FEET;THENCE SOUTH 89'51'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NORTH EAST CORNER OF SAID LOT 3;THENCE SOUTH 00"28'51"WEST ALONG THE EAST DO UNDARY OF SAID LOT 3 FOR A DISTANCE OF 162.67 FEET;THENCE SOUTH 89"44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195.57 FEET TO THE REAL POINT OF BEGINNING- PARCEL III: A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWIN DELL SUBDIVISION,A RECORDED 5U BDIV15I0N ON FILE IN BOOK 113 OF PLATS AT PAGES 165D6 TH ROU GH 16510,RECOR D5 OF ADA CO UNTY,IDAH O,AND A PORTION OF LOT 2,BLOCK 1,OF PACK IT UP 5UBDVISION, A R ECORDED SUBDIVISION ON FILE IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN THE SOUTHEAST 0'0 F 5 ECTION 19,TO W NSH I P 3 NO RTH,RANG E 1 EAST,BOISE M ER IDIAH,CITY 0 F M ERIDIAN,ADA COUNTY,I DAHO, AND AS SHOWN ON RECORD'DF 5 URV EY INSTRUM ENT NU M BE R 21120-172777,AND MORE PARTICULAR LY DESCRI BED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWI N DELL SUBDIVISION; THENCE ALONG TH E W ESTERLY BO UNDARY OF SAID LOT 1 NORTH 29°04'02"W EST 183.41 FEET TO THE SOUTHERLY BOUNDARY OF SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTEN5I0H THEREOF NORTH EW32'27'WEST 358.06 FEET; THENCE SOUTH W27'33"W EST 165.411 FEET TO THE NORTHERLY RIG HT-0E-WAY OF OVERLAND ROAD; THENCE ALONG SAI D NORTHERLY R IG HT-D F-WAY SOUTH 89'43'00"WEST 30-DO 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 CID NTIN U INC ALONG SAID SOUTHERLY&DUN DARY NORTH 89"3Z27"WEST 209.44 FEET TO TH E WESTERLY BO UNDARY OF SAID LOT 2; THENCE LEAVING SAID SOUTHERLY BOUNDARY AND ALONG 5AID W ESTERLY BOUNDARY NORTH W27'33"EAST 483.50 FEET TO THE NORTH ER LY BOU NDARY OF 5AI D LOT 2; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID NORTHERLY BOUNDARY NORTH 51'25'14'EAST 21.63 FEET; THENCE CD NnN U ING ALONG SAID NORTHERLY BOUN DARY SOUTH 66'23'15"EAST 410.39 FEET TO THE NO RTH ER LY BOU N DARY OF SAID LOT 1,BLOCK 1,OF SWIN DELL SUD DIVISIO N; THENCE LEAVING SAID NORTHERLY BOON DARY OF LOT 2 AND ALONG SAID NORTHER LY BOUNDARY OF LOT 1 SOUTH 64°24'55"EAST 51.53 FEET TO THE W ESTERLY RIGHT-OF-WAY OF LABRADOR WAY; THENCE ALONG SAID W E5TERLY RIGHT-OF-WAY THE FOLLOW ING B COURSES: ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62.00 FEET;A CENTRAL ANGLE OF 69'53'57',AND A CHORD BEARING SOUTH 2920'13"EAST 71.03 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 16A1 FEET,SAID CURVE HAVING A RADIUS OF 20.00 FEET;A CENTRAL ANGLE OF 51"35'Sd',AND A CHORD BEAR ING SO UTH 38'29'37"E45T 17.40 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE LEFT 2.8.49 FEET,SAID CURVE HAVING A RADIUS OF 102.00 FEET;A CENTRAL ANGLE OF 1153"00'03",AND A CHORD BEAR ING SO UTH 20-42'03"EAST 28.39 FEET; THENCE SOUTH 28'42'04"EAST 355-66 FEET; THENCE ALONG TH E ARC OF A CI RCU LAR CURVE TO THE RIGHT 74.20 FEET,SAID CURVE HAVING A RADIUS OF 173.00 FEET A C ENTRAL ANG LE OF 24'34-21",AND A CHORD DEARING SOUTH 16324'54"EAST 73-83 FEET; THENCE SOUTH 34'07'17"WEST 25.82 FEET TO TH E PO INT OF DEC I NNI NG. Page 4 Page 150 Item#10. a A9' 10b0'�3' }y 39' a0'A'lu3'E L] N Bp'3� c I.14'S5"E LA IS 89M3'p0'11' ]0.00' YB'25'04 69.19' S fAZ9']2"E LS M 5125'11'E 21.93' If i H L LL 15.09' 5P�Y}.S' l2g@' ry ty21"9"E L6 N O'2Y17"E .00' E' EL •E L1 . H p'aT33"E CN.pO' .r riE 37 ( I I — I I _ cy . ' wl SSs w of PARCEL III 1250 DVERLAND ROAD 5.32f ACRES �_ ��• II + x vn Pdllf]INGS OASEPVEp I'•_ I I Er nF I� PARCEL I 1230 OVERLAND ROAD ! PARCEL II c� 0.80f ACRES 13_ 1274 OVERLAND ROAD 0,74t ACRES g E� to N I -1 r•: I# _ £ -E ELH ..E£ tl� I- Ix In �' w� I zl c PLH i.l �i .L'>♦. I. a rnncEL u I A r�� 1 5 89-00W W 209-48' 89'4.]'Oa"w 5-19s Y' In 1. �V--_2635�1 ��r— 1 — I I ��1. —— —— —A _ •I �s� z _ �~ L III O HIM E OWRLAIJO ROAD seev]oo• _ 8A-9S OE B�AAGNGS Page 5 Page 151 Item#10. 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 min istorage 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%ommon area requirements, right-of-way dedication prior to submitting for building permits,signage restrictions,and bike lames. 6. CONDITIONS GOVERINING 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 mi.nistorage 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 landscape/common area requirements,right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes. Page 6 Page 152 Item#10. C. Site Plan/Landscape Plan(date: 8/12/2021) IT H LI LL - E - EL E o ere ] [-TIO ET T T E 43 'I l•. III 0 EL— 1 0 1 a El s . II �JL �1 ❑d pN _ + . ' S IL E E L I r 4 1 1 IT - - — r -- - ——- -- EL _ _ -E H- -LEE ' L i V4 - E - EL E ll 0 i T4 l EL II ` ELL dl ul Ir m If. DI 'EL III __ oI Q ETE I I_TM Page 7 Page 153 Item#10. D. Landscape Plan(date:November 12,20210 P tl I T-I H L I LL EL C L i Fff I 4 T I- LE EL 11 E L- E L- EL 11 E E +-LEE --TWr-T I T Page 8 E. Building Elevations d. 6/1/2021) .k s IN ONTROLLED JIM EAST ELEVATION:BUILDING A MRIV fir' w - . I a �rf RYE-UP SYOfL4 ■■■■■, � LOA1l1NLOA6 I ■■■,■, I ■■■■■■ ■■■■■■ II I� _ .. _ ■.■■■■ •I ■■■■■■ ■■■■■■ II•I ■■■■.■ III III:: ■■■■■■ l�.gi�l ■■■■■■ ,-ry ■■■■■■ �� / ■■■■■■ SOUTH ELEVATION.BUILDING A NORTH ELEVATION,BUILDING A WEST ELEVATION: I- -f BUILDING Pagea •- Item#10. P ORWE-UP_ STORAGE r` l l l l 171 1 1 1 l f L_I__L_L_L_J _ _ OUTH ELEVATION:BUILDING 13 EAST ELEVATION:BUILDING B DRIVE-UP I 5'f pFtAGt I Ll 74 - IURTH ELEVATION=BUILDING B WEST ELEVATION_BUILDING B :ale:s•=xa• vase:t•=2w AIPZ YAIAti YvuJw.M 'SIERRA fAN' 'BONE WHITE" 'SER1ap,TWq' — 'SRNDSTSNJE' 'R11"ROCK' 0 AThS 0 ATAS sANn:,rnNr" ra3ocrxnrr SDTRM-1 P STORAGE SW 6%7 4QI3ARR3M- �-- VOOOT7tJE E GFAIJITE" OINC 8 AlAB VwQwTONE ATAS uIERRA FAN' 'RNFJR ROCK- -,gANTO - ATAS SIN 6A51 'SAN TONE" 'NLIRILIW-GREEN' 6ESf RAW-1-COM ATAS SWtiT6T 'RCG4L GAK-41['� L J'GAU'ALl1A�=' 'A:x1PfllI.1M" OR[ft-UP STORAW L YiuwL_ H f - I I I I ILI ---7rip 7177 I_ _ --T� _ ING B — — Page 10 Page 156 Item#10. — ATAS RIGID WALL II ATAS ISOLEREN ML MFN122 12"CORNICE DETAIL STUCCO EMBOSSED VERTICAL HORIZONTAL SANDSTONE ATAS SIERRA TAN RIGID WALL II MPN122 DRIVE-UP HORIZONTAL STORAGE SIERRA TAN G'H X G'D ARCHITECTURAL AWNING DETAIL I WOODTONE RUSTICSERIES LAP � p1 II' WHITE GRANITE JAMES HARDIE 8"D(POSURE SOUTH ELEVATION:BUILDINGS s�0ia:ins.=1• BEST PANEL COMPANY WOODTONE ATAS REVOLUTION SERIES RUSTTCSERIES LAP RIGID WALL II -TUMBLED RIVER ROCK MFN12 ATAS REGAL OAK JAMES HARDIE HORIZONTAL RIGID WALL II B"EXPOSURE GALVALUME MFN122 HORIZONTAL SIERRA TAN u�Au� ATAS ISOLEREN ML D- STUCCO EMBOSSED VERTICAL STORAG0741SANDSTONE dlllllll EAST ELEVATION_BUILDING B srsie:irls•-1 Page 11 Page 157 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law 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. Page 158 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 25.76 acres of Land with a C-G Zoning District; Preliminary Plat Consisting of Two (2) Multi-Family Residential Building Lots and Six (6) Commercial Building Lots on 29.7 Acres of Land; and 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 for Eagle View Apartments,by Brighton Development,Inc. Case No(s).H-2021-0075 For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 8, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 8,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 8,2022,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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 8,2022, 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 § 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 requests for annexation and zoning,preliminary plat and conditional use permit is hereby approved with the requirement of a Development Agreement per the conditions of approval in the Staff Report for the hearing date of February 8,2022, attached as Exhibit A. Note: A modification to the zoning was approved with the annexation as follows: 13.76 acres with a C-G zoning district and 12 acres with an R-40 zoning district,instead of all C-G as originally requested. 2. The applicant's request for City Council review of the Director's decision in regard to the Alternative Compliance request to the private usable open space standard in UDC 11-4-3-27B.3 is hereby approved. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075 -2- requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). 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 February 8, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075 -3- By action of the City Council at its regular meeting held on the 22 day of February 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-22-2022 Attest: Chris Johnson 2-22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR RACKHAM EAST AZ PP EAGLE VIEW APARTMENTS CUP H-2021-0075 -4- EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING February 8,2022 Legend DATE: ff -" 0 - IProject Lacfliar 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 1-84, 1/4 mile east of S. Eagle Rd., in the south 1/2 of Section 16, l T.3N.,R.IE. 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 apartments,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 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/l/21 —7 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 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(i Integrated Five Year Work Plan(IFYWP)_ Improvements The intersection of Overland Road and Eagle Road is scheduled in the CIP to be widened to h 7-lanes on the north and south legs, and &lanes on the east and west legs, and reconstructed/signalized 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 2040 and is listed as unfunded. • The intersection of Cloverdale Road and Overland Road is listed in the CIP to be widened to 7-lanes on the north and south legs and 9 lanes on the east and west legs and signalized between 2026 and 2030. West Ada School District Page 2 Description Details I Pg _ • Distance(elem,ms,hs) Approved prelim Approved MF plat parcels per units per Miles Enrollment Ca aci attendance area attendance area �oa.wsawon • Capacity of Schools Pepper Ridge Elementary S42 675 313 360 1.6 Lewis&Clark Middle School 896 1000 774 1331 IS • #of Students Enrolled Centennial High School 1946 1900 443 1358 4.9 School of Choice Options Christine Donnell-Arts 499 Soo N/A N/A 5.3 Spalding Elementary-STEM 657 750 N/A N/A 1.5 • 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 CF5 76.0% %of P1 CFS 19.9% %of PO CFS 1.39/. • 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:llweblink.meridianciU.org/WebLinkIDocView.awx?id=241 580&dbid=0&re o=MeridianCi &cr-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 Item#11. 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 Prc.�ect Lac F•o-SC- Loco�ar. IN :.L84 MU-R C iv.io ilaa, ' e a Zoning Map Planned Development Map Legend Legend Prc}eot LacafKi r Prcject Lcca=ar _ x + i City Linlh LSO — Planned Parcels .AN I� CPR. --1 IG R � a RU TL 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 166 Item#11. 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): (Staffs 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-SS and I-84. Page 5 Page 167 Item#11. • "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 168 Item#11. • "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 169 Item#11. 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 170 Item#11. 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.)."(3.07.01 C) 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 171 Item#11. 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 of final 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 172 Item#11. 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 legs, and 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 ,gnalized between 2026 and 2030. If Rolling Hill Dr. isn't restricted to emergency access pply ACHD is qu}rin 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 n: There are no public streets proposed within this site; therefore, sidewalks are not required. Sidewalks are not required along 1-84; 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 173 Item#11. 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 min 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 Engineeringeport for the subdivision. Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. 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. 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-6): 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 174 Item#11. 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:Staff 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 175 Item#11. 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 176 Item#11. 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, ef£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 177 Item#11. 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 swimming pool, 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(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping 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 178 Item#11. required for vertically integrated 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 344 660 standard parking spaces are required. A total of 6-54 651 off-street spaces are proposed on-site with 34 398 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,,,,hte iael es e ri r spaeos; eompnet stalls RFe diseouraged but may be used fOF parking above the numbeF of .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 visible isible from the abutting street/driveway, Staff is of the opinion the site design ig 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 179 Item#11. B. The Meridian Planning&Zoning Commission heard these items on December 2, 2021 and January 6,2022.At the public hearing on January 6',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 pertainingto 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 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; 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.Ih); 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 followingfindings:indings: 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 restrictingRolling olling 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 180 Item#11. 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. d. A waiver to UDC 11-3A-6B is requested to allow the Ridenbaugh Canal along the east boundary of the site to remain open and not be piped. A 6-foot tall open vision wrought iron fence is proposed along the canal to preserve public safety. C. The Meridian City Council heard these items on February 8, 2022. At the public hearin .the Council moved to approve the subject AZ. PP. CUP and CR requests. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle,Brighton Corp. (Applicant's Representative) b. In opposition:None c. Commenting: Michael Blowers,Amy Wattles,Pam Haynes d. Written testimony: Chris Maiocca.Michael Blowers e. Staff presenting application: Caleb Hood f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Request for Rolling Hill Dr. to be used as an emergency access only for the development: b. Ongoing issues with construction traffic using Rolling Hill Dr.: C. Concern with where the cul-de-sac planned at the end of Rolling Hill Dr.wjll be placed and doesn't want traffic turning around in her driveway(Pam Havnesl: d. Applicant committed to closing Rolling Hill Dr. access to the site as soon as possible. 3. Kev_ issue(s)of discussion by City Council: a. The Applicant's request for City Council review of the Director's decision in re ag rd to the private usable open space required by UDC 11-4-3-27B.3: b. Adequacy of transition in uses between proposed development and existing rural residential uses: c. Annexation of the out-parcel into the City once it's acquired by the developer and setting a time limit of one(1)year in which it should be annexed: d. Annexation of the multi-family portion of the development with R-40 rather than C-G zoning as recommended by Staff and agreed upon by the Applicant: e. Integration of uses and pedestrian connectivity within the development and the great expanse of parking between the multi-family and office uses, f. Long-term planningin n regard to emergency access only to the site via Rolling Hill Dr. and when/if it would be re-opened for public access if properties to the south begin redeveloping: g_ Concern pertaining to the high volume of traffic on Silverstone that will be generated from this development and traffic backing up at the signal if it's the only access for the sib h. Concern if Rolling Hill Dr. is closed for public access to the site,how it will get re_ opened at some point in the future: i. Shortage of on-site parking for the multi-family development: availability of overflow parking in the office-portion of the development: Page 19 Page 181 Item#11. Desire for a parking garage to be provided within the commercial portion of the development: k. Impact of proposed development on area schools—Council not very concerned. 4. City Council change(s)to Commission recommendation. a. The Council approved a waiver to allow the Ridenbaugh canal to remain open&not be piped with construction of a 6' tall open vision wrought iron fence along the canal to preserve public safety: b. The Council approved the Applicant's request for City Council review of the Director's decision pertaining to the private usable open space to allow the amount originally requested: c. At Staff s request. Council required the Applicant to enter into a new DA for the project rather than amend the existing DA as originally required: d. Council required a DA provision requiring the out-parcel sliver of land along the northern boundary of the site to be annexed within one(1)year of recordation of the DA(the western C-G zoned portion of the multi-family development should be rezoned to R-40 at the same timel• e. Council required Rolling Hill Dr.to be used as emergency access only for the site and be closed for public access to the site as committed to and presented- £ Council approved the proposed parking without requiring additional spaces to be provided. Page 20 Page 182 Item#11. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map lam E N G I N E E R I N G February 8,2022 Project No.20-219 Exhibit A Legal Description for Annexation Eagle View Landing 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 114 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 leaving said westerly line and fallowing said southerly right-Of-way line,589"34'32"E a distance of 672.76 feet; Thence leaving said southerly right-of-way line,S00'00'07"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 (Sool(77 of Plats 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. 512'52'54"W a distance of 489.50 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 114; Thence leaving said westerly boundary and sald centerline and following said southerly line, N891419"W a distance of 887.95 feet to the Southwest corner of said Northwest 1/4 of the 5autheast 1/4(Center-South 1/16 corner); Thence leaving said southerly line and fallowing the westerly line of said Northwest 1/4 of the Southeast 1/4, N00'DS'15'W a distance of 1099.57 feetto 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. ❑ NIL a 1 2459 Q !91b. OF 5725 North Discovery Way-Sojse,Idaho a3713•208.639.6939•kmengllp.ccrn Page 21 Page 183 Item#11. POINT OF COMMENCEMENT FOUND ALUMINUM GAP CENTER 1/4 CORNER SECTION 16 !:: S00'05'15"E 227.22' (TIE) S00`b0'b7"E POINT OF BEGINNING Interstate 84 14,37 S89'34'32"E 672.76' S89° 15'23"E 478.72' Parcel Parcel "? / R7555000280 S1116427950 00 Parcel tt �t7555000160 a Parcel ' R7555000270 Annexation,krea: 25.76t AC. c s � -orn rn Ln Parcel Parcel Inputted ri sa'rn VS55000251 R m cn R7555000151 z~ cd r Parcel a In Parcel = 51116428010 Sm �, o t R7555000265 a r� r ParceC CenterCane of bau hnal o Parcel R7555000155 Ride Ca 8 z R7555000251 c z Parcel R7555000255 Parcel It R7555009140 t� E .D L Parcel N R7555000240 Parcel a R75550DO130 SOY 05'15"E 1326.80' (TIE) Rolling Hilt Jewel Subdivision Subdivision FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 18 D 200_ 4.00 600 Im Plan Scale:1" =200' € N G 1 N E E R I N G 5725 NORTH MCUAFLY WAY 6015E•1EWH083713 PHONE120A) 3¢6939 Exhibit B -Annexation kmcngllp.mm Eagle 1liekv Landirlg DOTE: February 21322 PROJECT: 20-219 SHEET, Lots 13-16, Black 1, Lots 5-12, Black 2 and unplatted land in a portion of the 1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16,T31N., R1E,, R.M., Ada County, Idaho Page 22 Page 184 Item#11. km C N G I N L L R 1 N G February 8,2022 Project No.20-219 Exhibit Legal Description for Rezone to C-G Eagle View Landing A parcel of land being Lot 16,a portion of Lot 15, Block 1,Lots 11 through 12,a portion of Lot 10,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,Town shi p 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 NO0'05'15"W a distance of 2,65359 feet frorn 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,S00°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 leaving said westerly line and following said southerly right-of-way line,S89°34'32"E a distance of 672,715 feet; Thence leaving said southerly right-ref-way line,SOD'OV07"E a distance of 14.37 feet; Thence 589"15'23°E a distance of 478,72 feet to the westerly boundary of Ironwood Subdivision No. 3 (Book 77 of Plats at Page 8,098, records of Ada County, Idaho)and the centerline of the Ridenbaugh Cana I; Thence following said westerly boundary and said centerline the following two(2)courses: 1. 512'52'54"W a distance of 489.50 feet; 2. 514`05"22"W a distance of 62.66 feet; Thence leaving said westerly boundary and said centerline,N89'54'38"W a distance of 619,66 feet; Thence N89°52'56"W a distance of 239.55 feet; Thence 153.33 feet along the arc of a curve to the right,said curve having a radius of 339.50 feet,a delta angle of 25°52'36",a chord bearing of N75°27'32"W and a chord distance of 152.03 feet; Thence N64'33'26"W a distance of 22.04 feet to the westerly line of said Northwest 1/4 of the Southeast 1/4; Thence following sa id westerly line, NOD°05`15"W a dista nce of 514.43 feet to the POINT OF BEGINNING. Said parcel contains a total of 13.76 acres,more or less. Ck Attached hereto is Exhibit B and bythis reference is made a part hereof. �' C�IBT 12459 a aF k 5725 North Discovery way•Boise,Idaho SE713 - 208.639.6939• kmengilp.Corn Page 23 Page 185 Item#11. POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 15 304'05'15"E 227.22' (TIE) Interstate 84 S '00i07"> POINT OF 13EGINNING 14.37* SSg Parcel Parcel S11.15427950 R75550002BO o Parcel Centerline of , E o R75554001fi0 I� Ridenbaugh ': a Proposed Canal Parcel Zan€ng:C-G c a = � R7555000270 = ��E Llraplaited � o = Parcel Parcel • — R7555000151f� o — L a S111G42$010 Parcel c (Part€on) M I (Portion) r R755SOD0261 I Parcel h -R7555000Z65 I S l 'd5 22 4Y (Portion) 62.6$ "n I LL1 � N89'54'38"W 619.66' a 0 N8$'S2'S6" -1 Rolling Hill I s o I 239.55' Subdivision I Unplatted z �+ I S 0 CURVE TARLF CUPVE RADIU5 LENGTH DELTA CHORD RRG CHORD C1 339,50' 153,33' 2552'36' N75'27'32"W 152.0.3' LINETABLE LINE BEARING DISTANCE L1 N64'33'26'W 22-04 FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 15 0 2m 400 60n [cm Plan Scale: 1" =200' E N G I N E E R I N G 5,25 NORIK INSCOvERY WRY $4a5E,1c,00 53723 MUNE pogl63M939 Exhibit B - Rezone to C-G kmengllp.eom Eagle View Landing DATE: roruary 2022 PFOJE{T: 2(F233 SHEET: A portion of Blocks 1 and 2 of Rolling Bill 5ulhd€vlsion and unplatted land situated In t+Ic 1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16, T3N., R1E., B.M., Ada County, Idaho Page 24 Page 186 Item#11. km E N G I N E E R I N G February 14,2022 Project No.20-219A Exhibit A Legal Description for Rezone to R-40 Eagie View Apartments A parcel of land being Lots 13 through 14,a portion of Lot 15,Block 1,Lots 8 through 9,a portion of Lot 10,Block 2 of Bolling Hill Subdivision (Boots 18 of Plats of Page 1,202,records of Ada County, Idaho),and unplatted land all situated in a portion of the Northwest 1/4 of the Southeast 114 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 15,which bears NOO°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,S00°05'15"E a distance of 741.65 Feet to the POINT OF BEGINNING, Thence leaving said westerly line,564'33'26"E a distance of 22.04 feet; Thence 153.33 feet along the arc of a circular curve to the left,said curve having a radius of 339.50 feet, a delta angle of 25°52'36",a chord bearing of 575°27'32"E,and a chord d[stance of 152.03 feet; Thence 5B9°52'56"E a distance of 239.55 feet; Thence 589°54'38"E a distance of 619.66 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,514"05'22"W a distance of 564.94 feet to a found 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 GCenter- South 1126 corner); Thence leaving said southerly line and Following the westerly line of said Northwest 114 of the Southeast 1/4,NOp°05"15"1N a distance of 585.14 feet to the POINT OF BEGINNING. Said parcel contains a total of 12.00 acres,more cr less. KL 1 2459 Q 5725 North Discovery wary+Boise,Idaho 83713 • 298.639.6939 kmengllp.com Page 25 Page 187 Item#11. POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 0 200 400 6GO WIW Plan Scale:1'' 200' o I uo Rolling Hill Subdivision Rackham = r- Subdivision Parcel POINT OF R7555000265 Parcel "' BEGi1#NING Unplatted (PorkiOP) R7555000151 (Portion) � U] S89'52'58"E S89`54'38"E 519.66' } 239.55' Centerline of i ^ Parcel I Ridernbough !r, Parcel R7555000155 I $ z r R7555000251 Proposed I Canal I Zoning: R-40 ,a I� Parcel lcc S111642K10 fi 3 Parcel L Parcel b�6b (Portion) r R7555000255 o R7555000140 � 'E ,r _ r9 U ao as Unplatted L T`i Q ` Parcel 'lu3 �v R7555000240 Parcel LO o R7555DO0130 P Jewel m Rolling Hill Subdivision ' Subdivision CU RVE TABLE - CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C1 339.50' 153.33' 25'52'36" 575'27'32'E 152.03' LI IN E TABLE LINE BEARING DISTANCE L1 S64'33'25"E 22.04 FOUND BRASS CAP E N G I N E E R I N G SOUTH 1/4 CORNER SECTION 16 S725 NORTH DISCOVERY WAY - DOM,IDAHO 63713 I., I� D �T�y PH*NE j208I 639-6939 Exhibit B — Rezone to €t-40 kmengllp,com Eagle View Landing DATE: FebruaeV2022 PROJECT: 20.219A SHEET: fats 18&19,Black 1 of Rackharn 5ubdiuision,a portion of Blacks 1&2 of Rolling Hill Subdivision, 1 OF 1 and Unplatted land situated in the NW 1/4 of the SE 1/4 of Sec.16,T3N,,R1E-,B.M.,Ada County, Idaho Page 26 Page 188 Item#11. B. Preliminary Plat(date: 10/25/2021) PRELIMINARY PLAT SHOWING -1—MAP 1'=2, ' RACKHAM EAST SUBDIVISION A RE-SUBDIVISION OF LOTS 13-16,BLOCK I,LOTS R-12,BLOCK 2OF ROLLING II ILL SLo[7NISION, L— d LOTS 18-19,BLOCK 1 OF RACKHAM SUBDIVISION AND uN I11 A 1 11 1)1 AN ls' ALL SITUATED IN A PORTION OF THE NE 1/4 OF THE SW 1/4 AND THE NW 1/4 OF THESE 1/4 OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN, N _ CITY OF MERIDIAN,ADA COUNTY,IDAHO :? IU NE 2021 y �• - uo..ccamir.wxe.n�xo o�rw �:�.as surtv=vrolvrRor no-Es T C-i C-G C-G C-G C. '9NJ ' PRENMINARY PLAT DATA xK i� S t 4 E mnnrt - 1� C-G • _'� PRENMINAP—NOTES —.—.—m[u•m� �-�-ierur,v yr smn mx I,.I o q,,�ao.r-nrnu a�wu�mn¢'rrwox�wP�um[rn w]MEL III • •-•R'•Y I3 w,.�.W.+a I rrll TM1.,: "'®�" [ RACKHAM EAST Sl1BDIYISIDN I I �.. �,m.m®.m,�,v.....,,..,,a.LL��.o.s„a ma MERIDI0.14 ID �II I� wennxex ---�- I I PRfIIMINAPY PUT owl k-m -'-I'I' `.IRTIONw.® I �v.nes mraa 70821 �QQj�� ,yqn R� m.n. o�lulM�Nw.Y� ,,.[...,..,....,.., `....r.� PP1.0 Page 27 Page 189 Item#11. C. Landscape Plan—Preliminary Plat(date: 10/15/2021) 77 ---- --- _ ::" :..: . :T r �� — = li v .ig ^�� E X � V �„nn.,ea•c w mW nbs�e.rw • lid ! ``I�I; � •a•..ean.e .x_ nm ewm= III '� © I '1 !1 a LI ..............�,,. ...... e �� C- C� C-C C-G C�- �dAr�l rA—AAA j C-G 1 - ,a�n��A -_ —_-- m_ 9••^� a --- ��+®• A o —�-—�— �RACKHAMMST EA SUBDIVISION g•+ � �a °'"E^ S �� N A s� PREUMINNTf PLOTMERI DI N,ID AN-PE PAN PRELIMINARY PLAT LANDSCAPE PLAN 'sagg �.�._e STREET TREE ULCUTAM1 (1TREE/35 IF) ;p GG' � '+, km STREET TREES R 7 a" ` � MfI1GATION REQUIREMENTS �Ae. r<om TOTAL TREES REQUIRED/PROVIDED RPLI.D Page 28 Page 190 Item#11. D. Conceptual Development Plan 010 iiiiinmilligilinilim � I °a to J++aa J IILJIIlull ' _ it L dJ ...mom.. - ': I r IS IN Z x h ai •i• - ae I �I ae. ae — ,• Q a w !! N j i� eE •va ! KM w Uj a a 1. F I a EVL-2 Page 29 Page 191 Item#11. E. Site Plan-Conditional Use Permit(dated: 6/3/21 1/6/22) &Phasing Plan U - =- SffiKb" 6 . I um�ce .rasw.�e-n ,. �e. - - _'` --- I�!/ �' _ _ �� _ �I E� _ r ';,:bras;ti•.z�.;:°u 5 --- — -- - = ___ 1 52 Ei km P II � .ot 1 e I 1 rlo f c+.o Page 30 Page 192 Item#11. � 4 I i F � 2] Phase: it Phase 1 i Page 31 Page 193 Item#11. Updated Site Plan with on-drive aisle parking(1/3/22): (20 extra parallel parkin spaces) spaces) ------------ . . ,S7 I I 1 j �IIII�II I� I ------- --- /---------------------------- Ail" EAGLE VIEW APARTMENTS j + BRIGHTON CONCEPTUAL,SUBJECT TO CHANGE At x I I i � I I I �' r, 'F ub Gu a `i 1, -c', u� u 3_ Page 32 Page 194 Item#11. F. Landscape Plan—Conditional Use Permit(dated: 6/3/21) FA NK WE - �� - I e mm.n.w,m i.«.x mn�sro ss cvmmmxmv It 1/ 1 ak I A P I 1 Ip/ Il ~ufe,c mE �uvr� Z Z Fa a nx....�..E o....�..am. CUP LANDSCAPE PLAN 1 BUFFER WIOFNS AND TREE CADCU IAAONS(1TREE/n IF) yyIDTN0—RNKINGLOTPERIMETERIAND—E—P F1PF 6:_:,=u x�m axr ws, a NEEPM6�� cam a.a naw,xx ss PARKINGCAL[ULATIONS iµr.a.�-�x,nomn .a., r�W em �. n rx,00wa[sr,eun,r ,e s.m n� ..®�,•x >s ..m __ __ �/ .«uxr.�s,�¢.uM s�sxo.nsww,mr xu�m aw wa. s i �� „m PARKING ISLANDTREESea �u « .. :gym mw wa. as ® ix�xur.aw;mriararanxs - ..mss r TREESPEOESMIX MITIGATION REUUIREMENIS Qm,xrc.x¢mr """°"' FEW ¢a. �. ss ® �x,s - ss•ass. a+, m=�=...mMom=•m TOTALTREESR XLID Page 33 Page 195 Item#11. G. Open Space Exhibit for Multi-Family Development(dated: 6/3/21) &Amenities 141 i C I ' I 1 r I � J L I I Z H 50 116 a° c ---------------------------_ �1CONDITIONAL USE PERMIT QUALIFIED OPEN SPACE EXHIBIT C PRfLIMINA-Tf Ct LCV QNS k 1 Exi.o Page 34 Page 196 Item#11. • 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 35 Page 197 Item#11. AMENITY FEATURES --HORREOAI'DESIGN ASPELT WOW RITLHEN WITH- SERIES PLANTER POTS. ,.LT-IH MU /J DAyTS COEDR EOM DARN GRAY. 517TS VARIES. O I ASP-11,&SP-21 G CORN4+Dl[YDAR➢S- OUIOQOR HNG POIiG TAEIf. M- C•ia'SkwcuT CONCRnr. a 4 TREE SIAR?1 RO DECAAAnYE q 1 PDSTS FOR STRiHG uc1RT ATTkLHYTM. 2 YENCN--__-_ I -OVERHIAD DYED" SALAD VOLLMAIE--'-�_ -.... '1_..-----0•__ \ _.1'f r 9T1RHo IiGNTS. y� t"?LAM eo' '' ,'- ,f ��-Flat tma. UTr EY 7ONE TDDOR SEATM. v A•i E•PRECAST- CpK KR STEH RE I .S O I P Y �� V F STORE i Z EEI.L,reo Ne.An■s, m __- -OVERHEAD SsOM STROCTURT. PCROMA OR WOE SAPS. N y yj l----------- WEST APARTMENT COMPLEX Page 36 Page 198 Item#11. AMENITY FEATURES cUFOCOR c1rCNLx WH— 1 - AURT-r c►xt IO srA cEGORArrVE rows foR STRI-kG L1CkT aTlACxx(xl- S rRLL STAAyA,y OLCowrn MOST$ —rwl - Awut oc—As m recr acs .L ,•. ,._ PLAwrER PDrs oAm COraR mu FOP srmw.4wuT ATTwtxwLNl. C 04KGRAY.SLZLS VA owaff o"T[croo srcrmG upus.— — /f `� AAr-TV.AS-71 a KOWEGAI OCS"AS►FCF BER�[5 S.W.pA{1 SIXIRr —_ �\ --�" .I - a ►LANrLR aoTS DAWS COLOR RGca r —— , DART(LRAM- \\ f-rT,ASP-Zl \. -�.CWM10f.RRARpa Y AD-R,ASP-3f T yT J 3 � �~ R..,COViT, FTIS IABLI. ou now VE,C,-. 00 _ r a•ca•COKRrrF SA*Ctt7. may. a'ca'c Kk c EAwtwr- "w- / b� WIOOOR PM PONB TABLE. V� 61AAARD M*OOICRC PAYERS.— J�'�CC,��-,,, / � d` :, 1 "Tat--� � �•' r , I � OUMN SEATING.-- 2k oaERrrEAo SkADF sTRUCirA1E.�•---- ' �" ~{ PDKaA OR SWAM SANS. d } �.•, I � ___.ti� � .r•rrirn l µ EAST APARTMENT COMPLEX ¢ ° Page 37 Page 199 Item#11. H. Pedestrian Circulation Plan Ey R{ I�}I — _- Z � I tz I Z = d]'MTFFN I n� W r e d a —__ _--_- Page 38 Page 200 Item#11. I. Conceptual Building Elevations (dated: 5/31/2021) fit►i�, ze 0 g= o go oU 0 3 OD 99_ __--- j OF ..mm aVw-w�,.NDm,N MmvfL�l..G®•.........a w.savm�r�..«m. v .r uy =' Ita VIEW IANMIN -BI LDIM4TA Page 39 Page 201 Item#11. ou a ,� 00 ou �Q �■ ��a��i� HHndNs.,.suiEoi_�m.p�g��de®�.,�..e....m.. �a as aa_ �n LE,oIE��N Page 40 Page 202 Ali MY 1��1 Ili I W:; I: ■I ili III I� --------------- !!! 111 1��1 Ill ■I - ,� �� u �... ion I ■ IIII IIII ND VIEWS AND RENDERINGS EAGLE VIEW LANDING-FITNESS BUILDING irr 3D VIEWS AND RENDERINGS EAGLE VIEW LANDING LEASING BUILDING Page 41 n, I ' ,1 ii 1� �■ 4 11 IL.�a��!�• T� - r Y� Item#11. 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.Note: The existing C-G zoned area that was annexed with Rackham Subdivision that is the western portion of the multi family development should be rezoned to R-40 when the out parcel is obtained and annexed into the City. A. PLANNING DIVISION 1. A„ amendment ent to the existif .Development Agreement(DA) (kist. #-20 o 037825 a 20 ) 0005) for-the Raelrham ao.,ol,.pffleR4 is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,an-affwffded DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption, and the developer. An applieation foF sueh shall be submitted to the City,pr-efeFably so that it ean go to aFea should be submitted with the applieation that is eonsistent with the MU R FLUA4_ designation Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The amen iea 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 speeifie provisions for-the amended DA pet4ainiag-t& this site will be detewAined at the tifne of submittal of the applieation;the folio ay be inel ded The DA shall, at minimum,incorporate the following provisions: 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 I-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 po..mits f r any s,M,.,,,f this site; or,the existing PUDI easements and right-of-way for S. Rolling Hill Dr. shall be vacated and a property boundardjustment 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. Page 43 Page 205 Item#11. g n., vide ors site; o or+s for-S. Rolling 1441 Dr. eansistentwith Ada Gett ty Highway Distriet's requirements, including but not limited to,pavement widening to 24 feet where needed, 3 foot wide gravel shoulders and 6 foot wide sidewalk on one side of the street 74'eg site: ,its afe r-eqtiked to D.lhf 1441 Dr. b AG Applieafft shall eE)flV!y with these r-equjfemen 5. Str-eedights shall alsE)be ifIstalled a!E)Hg S. Rolling Hill Dr. in aeeord with the City's adopted standa-Fds, specification pe"iaf-Hill Dr. Access for the project shall be provided via S. Silverstone Way from E. Overland Rd.: emergency only access shall be provided via Rolling Hill Dr.Note: With review of future projects to the south. Rolling Hill Dr. may be opened back un for public access to this site as determined by the City and ACHD. 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. i. The out-parcel(Parcel#S 1116427890,) along the northern boundary of the site shall be annexed into the City within one (1)year of recordation of the Development Agreement; the western C-G zoned portion of the multi-family development shall be rezoned to R-40 at the same time. 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 copy 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 I-84 as shown on the CUP landscape plan with landscaping in accord with the standards listed in UDC 11-313-12C.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 zoning district. 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—Council approved the request to leave the Ridenbaugh Canal open. 6. Cross aeeess/iagr-ess egress easements sha4l be pr-"ided between all lots in the subdivision as Page 44 Page 206 Item#11. the final pW on sepaFatefecvrded easement in aeeE)fd with UDG1 3A 3A..2.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 property shall be subdivided prior-to issuanee of any building pefmits 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. Depiet a mininium 25 feet wide beffer to residefAial uses along the set4hefff boundafy e the site as set foAh in UDC Table 11 2 1, landseaped per-the standafds listed in UPC d iviMin the bbtq��, whieh shall be installed at the time ef 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 11-4-3-2 7B.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 11-4-3- 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 pafking stalls are diseoufaged btA may be used for-par-king abeve the Piumber-of r-e"ir-ed....,,k4ag sparer UPC-11 Based on the number of bedrooms per unit Page 45 Page 207 Item#11. 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 footage change,parking may be ad iusted accordingly to comply with applicable UDC standards. Parking standard alternatives are listed in UDC 11-3C- 7. City Council approved the proposed narking as-is with no additional narking required. 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-5134; if 7-foot sidewalks are proposed,the length of the stall may be reduced to 17 feet. 11. The Difeetef City Council approved the Applicant's request for Alternative Compliance to the private usable open space standards in UDC 11-4-3-27.13.3 with a ,n edif:,.,,4e t 4he reflrk2st te all vw=ii ri ccscirrc"c�recruvcrorrvrz00,v-r%c—vrnqisccic feet)r�vzthe sacxxdccrcr to allow zero (0) for studio units. 54-60 square feet(s.f.) for 1-bedroom units and 58-85 s.f. for 2- bedroom units. 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. 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. Page 46 Page 208 Item#11. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 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. Page 47 Page 209 Item#11. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=241985&dbid=0&repo=MeridianC Lty D. POLICE DEPARTMENT Page 48 Page 210 Item#11. https://weblink.meridiancity.ory WWebLink/DocView.aspx?id=241580&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=242184&dbid=0&repo=MeridianC ky F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=243206&dbid=0&repo=MeridianC ky G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancitE.oLgdf ebLinkIDocView.aspx?id=244287&dbid=0&repo=MeridianC H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianci(E.orglWebLinkIDocView.aspx?id=244309&dbid=0&repo=MeridianC iv I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orgj ebLink/DocView.aspx?id=240968&dbid=0&repo=MeridianC ky https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=250050&dbid=0&repo=MeridianC ky 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: l. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council 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 City Council 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 City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. Page 49 Page 211 Item#11. 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: 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 in substantial compliance with the adopted 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 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) 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 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. 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. Page 50 Page 212 Item#11. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-G district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent with the future land use map 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 City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. D. Alternative Compliance(UDC 11-5B-5): In order to grant approval of an alternative compliance application,the Director shall determine the following: The Applicant requested City Council review of the Director's decision on the request for Alternative Compliance to UDC 11-4-3-27B.3. City Council approved the Applicant's request as originally proposed. 1. 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 Diree�&r City Council flnds strict adherence or application of the requirements in UDC 11-4-3-27B.3 is feasible but to comly, 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 ofproviding parking for studio units consist with the standards for vertically integrated residential units, which is also consistent Page 51 Page 213 Item#11. with current updated standards for studio units,provides an equal means for meeting the requirement. The Dipeetep City Council finds the proposed alternative compliance to the private usable open space standards in UDC 11-4-3-27B.3 for each unit trfracceptable but does find r duets,,, 420704 g jgt b k-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 will not be detrimental to the public welfare or impair the intended use%haracter of the surroundin ro erties. The Ci Council ands 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 52 Page 214 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0015 Woodcrest Townhomes) Between the City of Meridian and Don Newell, Landmark Pacific Development, LCC for Property Located at 1789 N. Hickory Way Page 215 ADA COUNTY RECORDER Phil McGrane 2022-018604 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 02/23/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Don Newell,Landmark Pacific Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 22 day of FebruaEy 5 20 22,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 Don Newell, Landmark Pacific Development, LLC whose address is PO Box 1939, Eagle, ID 83616, hereinafter called OWNEWDEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for a rezone of 2.1 acres of land from the L-O (Limited Office) to the R-15 (Medium-High Density Residential) zoning districts on the property as shown in Exhibit"A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, 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 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT—WOODCREST TOWNHOMES(H-2021-0015) PAGE 1 OF 8 1.7 WHEREAS, on the Wh day of January, 2022, 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/DEVELOPER: means and refers to Don Newell, Landmark Pacific Development,LLC,whose address is PO Box 1939,Eagle,ID 83616 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. 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 DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 2 OF 8 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 consistent with the conceptual development plan, preliminary plat and building elevations included in Section VII of the Staff Report contained Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for the single-family attached and townhouse structures prior to submittal of building permit applications. C. Direct lot access via Hickory Way is prohibited except for the private street common lot. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of a building permit application (s) for the site. f. The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes. Note: The private street is required to connect to the collector street(i.e. N. Hickory Way); the connection requires approval from ACHD. If not possible to connect, the Applicant shall submit an application for alternative compliance to UDC 11-3F-4A-2. 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. DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 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. 7.6 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 DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 4 OF 8 subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the 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: Don Newell Landmark Pacific Development, LLC PO Box 1939 Eagle, ID 83616 DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 6 OF 8 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; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. O EVELOPER: Lan ar acif c Development, LLC By: Dori Newell CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-22-2022 Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO ) ss: County of Ada ) On this � day of �� ,20A before me,theundersigned,a Notary Public in and for said State, personally appeared Don Newell known or identified to me to be the P 'u!!nc T of Landmark Pacific Development,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said company. IN WITNESS 'WHEREON', I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ STEVEN TUAL ULELEI Notary Public-State of Idaho Notary Public for Commission Number 20202202 .Residing at: fe f'., 1- My Commission Expires Jun 19,2026 My Commission Expires: STATE OF IDAHO } ss County of Ada ) On this 22 day of February ,20_L2,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPmENf AGREEMENT---WooDCREST TowNHOMEs(H-2021-0015) PAGE 8 OF 8 EXHIBIT A Rezone Legal Description and Exhibit Map WOODCREST TOWNHOMES SUBD1VIsIoN EXIIIBIT'A' LFGAI.DESCRIPTION A PARCEL,LOCATED IN THE SOUTIWEST 1/4 OF TIM SOUTIIEAST 1/4 OF SECTION 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK I OF MALLANE SUBDIVISION,AS SHOWN IN 1300K 17 OF PLAI'S ON PAGES m l THROUGH 9883,RECORDS OF ADA COUNTY, IDAHO,AND MORE PARTICULARLY DESCRIB FD AS FOLLOWS: COMMENCING AT THE SOL7H 1/4 CORNER OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 06028'03"EAST A DISTANCE OF 67.14 1'E1=1''1'O A 5/8 INCH D1AMI"TE.R IRON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK I OF SAID MALLANE SUBDIVISION. THENCE CONTINUING NORTH 00"28'03"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A 1ISTANCE OF 252.95 FEET TO A 112 INCH DIAMETER IRON PIN MARKING TIIE SOUTHWEST CORNER OF SAID LOT 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 44028'03"EASTALONG THE WESTERLY BOUNDARY OF SAID LOT CA DISTANCE OF 129.73 FEET TO A 5/9 INCH T)TAMF.TF.R IRON PiN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; THENCE CONTINUING NORTH 43019'32"EAST ALONG TIIE NORTIIEASTERLY PROLONGATION OF SAID NOTHWESTERLY BOUNDARY, A DISTANCE OF 34.49 FEET TO THE CENTER LINE OF NORTH HICKORY WAY; THENCE SOUT4 76°12'56"EAST ALONG SAID CENTER LINE,ADISTANCE OF 90,01 FEET TO THE BEGINNING OF ATANGENT CURVE,CONCAVI~SOUTHWESTERLY, HAVING A RADIUS OF 400.00 F EE-T; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND SAID TANGENT CURVE,93.24 FEET THROUGH A CFNTRA I.ANGLE OF 13021'21"TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAID LOT 4; Woodcrest Townhomes H-2021-0015 Page 224 Item#12. PAGF.I OF 2 THENCE SOUTH 00026'44"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33.93 FEET TO A 1/2 INCH DIAMETER IRON PIN MARKING THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 00°26'44"WEST ALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 519 INCH DIAMETER IRON PIN; FHENCE LEAVING SAID EASTERLY BOUNDARY NORTH 89°34'20"WEST,A DISTANCE OF 244.66 FEET TO A 5/8 INCH DIAMETER IRON PIN; TI IENCE SOUTH 00°28'04"WEST,A DISTANCE OF 47.00 FEET TO A 5/9 INCH DIAMETER IROIti PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 89037'22"WEST ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES. MORE OR LESS. EXHIBIT`B'ATTACEII D HERETO AND BY THIS REFERENCE MADE A PART HEREOF. L 96 7732 OF to P �qA�p �►.d�' Page 225 Item#12. m 5ifi r , 3 !r K rn� M N t.� C a . ... ... g LAN O $ n w � �� a '��BF tCP�Q 'gyp A• . JN14120 Annexation Description 4/21/2021 Scale: 1 inch= 58 feet File: Tract 1:2.1063 Acres(91752 Sq.Feet).Closure:nO0.OD00e 0.00 ft.(11281991).Perimeter=1270ft. 01 n00-2803e 129.73 08 n89-3420w 244.66 02 n43.1932G 257.72 09 s00.2804w 47 03 n43.1932e 3448 10 n89,3722w 129.2 04 s75.1255e 90.01 05 Rt,r-400 00,cbha=013 2121,arc--M.24 05 SOD.2644w 33.93 07 s00.2644w 210.08 Page 226 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N AND DECISION& ORDER In the Matter of the Request for Comprehensive Plan Future Land Use Map (CPAM)to Change the Future Land Use Designation on 2.10-Acres of Land from Commercial to Medium High- Density Residential; and Rezone(RZ)of 2.10-Acres of Land from the L-O (Limited Office)to the R-15(Medium High-Density Residential) Zoning District.Preliminary Plat(PP)Consisting of 19 Building Lots and 4 Common Lots(Including One Lot for a Private Street)on 1.97-Acres of Land in the R-15 Zoning District for Woodcrest Townhomes Subdivision,by Blaine A.Womer Civil Engineering. Case No(s).H-2021-0015; H-2021-0082 For the City Council Hearing Date of: January 4,2022 (Findings on January 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 4, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 4, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 4,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 4,2022,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 WOODCREST TOWNHOMES-CPAM,RZ H-2021-0015;PP H-2021-0082 - 1 - Item#12. 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 4,2022, 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 § 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 a comprehensive plan map amendment,rezone and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 4,2022, attached as Exhibit A. A development agreement is required as a provision of the rezone. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES—CPAM,RZ H-2021-0015;PP H-2021-0082 -2- Page 228 Item#12. 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 January 4, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES—CPAM,RZ H-2021-0015;PP H-2021-0082 -3- Page 229 By action of the City Council at its regular meeting held on the 18th day of Jamury 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 Simison 1-18-2022 Attest: Chris Johnson 1-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES-CPAM,RZ H-2021-0015;PP H-2021-0082 -4- Item#12. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING January 4, 2022 Legend DATE: IffIlr�1l _ II..IJ�s`- Luca-ur TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ; 208-884-5533 SUBJECT: Woodcrest Townhomes H-2021-0015 (CPAM&RZ) H-2021-0082 (PP,PS) - - r LOCATION: 1789 N. Hickory Way, in the SE '/4 of Section 5,Township 3N.,Range IE. The Commission heard the CPAM&RZ requests on June 3Yd and July 1"and recommended approval of these applications to City Council. At the City Council hearing on Sept. 7`h, City Council directed the Applicant to submit a preliminary plat(PP) application to be heard concurrently with the CPAM&RZ requests. The Applicant submitted a PP application as directed&Staff updated the staff report to include analysis on the PP application (see underlined text). The Commission heard the PP application on December 2, 2021 and recommended approval to City Council. A private street application was submitted for approval of an internal private street for access to the proposed lots. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 2.10-acres of land from Commercial to Medium High-Density Residential; and Rezone(RZ) of 2.10-acres of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district. Preliminaa Plat(PP) consisting of 19 building lots and 4 common lots (including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. A private street(PS)is proposed for internal access to the proposed lots. Page 1 Page 231 Item#12. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.97-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential and office Current Zoning Limited Office(L-O) Proposed Zoning R-15 (Medium High-Density Residential) Lots(#and type;bldg/common) 19 building/4 common Phasing plan(#of phases) NA Number of Residential Units(type 19 units(single-family attached&townhouse dwellings) of units) Density(gross&net) 9.64 units/acre(gross)/13.5 units/acre(net) Open Space(acres,total[%]/ NA buffer/qualified) Amenities 10'wide multi-use pathway along Meridian Rd./SH-69 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 1/28/21; 10 attendees attendees: History(previous approvals) Annexed&subdivided in 1992 as Angel Park Sub. (Lot 1, Block 1)with L-O zoning;re-subdivided in 2001 (Mallane Commercial Complex PP-00-021);FP-03-001 (Lot 4,Block 1);H-2017-0165 (RZ&CUP—denied) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Hickory Way is improved with 2-travel lanes,curb,gutter& 5'attached sidewalk.No additional improvements or right-of- way dedication is required with this application. • CIP/IFYWP NA Access(Arterial/Collectors/State Access is proposed via the existing driveway via Hickory H /Local)(Existin and Proposed) Way. Proposed Road Improvements None Fire Service See Section IX.0 Police Service No comment. West Ada School District Distance(elem,ms,hs) Page 2 Page 232 Item#12. Capacity of Schools Approved prelim Approved MF Enrolled plat parcels per units per Miles #of Students Enrolled for 21-22 Ca aci attendance area attendance area °eV 1-1-1 River Valley Elementary 445 700 571 764 1.6 Lewis&Clark Middle School a" 1000 978 1319 2.4 Centennial High School 1981 1900 549 1234 4.8 School of Choice Options Pioneer Elementary(Arts) 713 775 N/A N/A 4.4 Spalding Elementary(Stem) 697 750 N/A N/A 4.1 Wastewater • Distance to Sewer Services Directly Adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.14 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Do not have services crossing private lots •Flow is committed. •Existing sewer not shown correctly.Missing existing manhole and shown as extends further into the property then existing sewer actually goes. •There is an existing 8" stub from existing manhole that looks like it will not be used.If this is the case the existing stub must be abandoned at the manhole per City Requirements. •Ensure that infiltration trenches are located so that sewer services do no pass through them. Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Do not have services crossing private lots Page 3 Page 233 Item#12. C. Project Maps Future Land Use Map Aerial Map Le end r Le end 61ESF Nam` E� -f;`: ff g i max ld110 Ri'i 0 Pr6H_—_iLooafion .1diu: I Pro-ec- tcca-v.. ''AM02.1 - 'RS r + — -- h � dal sldmfi�l = U- rlSlfrr4� +° L I ue•FL r rRB IdIiflai Ir� U - i AR, t - Zoning Map Planned Development Map ®h1uT R;2{�Rj k� I - ` Legend Legend � R Proe -Lc a= r ® - 1 1 R-4 Proeci L+mafKIn g R- U + i C Py Lem = R - � Pbnned Parcel L RU L-0 ti 1 1 C-G � o 0 $o L- L T�3 J - � r s 4 �11 '� I FT III. APPLICANT INFORMATION A. Applicant: Andrew Newell,Blaine A.Womer Civil Engineering—4355 W. Emerald St., Ste. 145,Boise, ID 83706 B. Owner: Don Newell,Landmark Pacific Development,LLC—PO Box 1939,Eagle, ID 83616 Page 4 Page 234 Item#12. C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/14/2021 & 11/16/2021 7/23/2021 & 12/19/2021 Radius notification mailed to property owners within 300 feet 5/12/2021 & 11/10/2021 7/20/2021 & 12/15/2021 Public hearing notice sign posted on site 6/10/2021 & 11/19/2021 7/15/21 & 8/23/21 & 12/15/21 Nextdoor posting 5/11/2021 & 11/12/2021 7/20/2021 & 12/16/2021 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map(FLUM)contained in the Comprehensive Plan. This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. The Applicant proposes an amendment to the FLUM to change the existing Commercial designation to Medium High-Density Residential(MHDR). The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The Applicant proposes to develop the site with a total of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre consistent with the land uses and density desired in MHDR designated areas; a-a o ffiee building. This site abuts a larger residential neighborhood to the north and is located in close proximity to mixed use designated land and employment uses to the east and southeast, including vacant land yet to be developed, The Village at Meridian, Scentsy and other uses along the Eagle Road corridor,which will provide convenient access to services and jobs for residents. The development should incorporate high quality architectural and site design to ensure quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity as desired in MHDR designated areas. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 5 Page 235 Item#12. The proposed single-family attached dwellings and 3- and 4-unit townhomes will contribute to the variety of residential housing types in this area and within the City as desired. Single-family detached and attached homes exist to the north and northeast in Dove Meadows subdivision, zoned R-8. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC I1-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed single-family attached and townhouse dwellings will contribute to the diversity in housing types in this area, which currently consist of single family attached and detached homes. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed residential uses will provide a transition in uses between existing single-family homes to the north and commercial/office uses to the south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential development and site design should be compatible with existing abutting single-family residential homes to the north. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed residential infill development shouldn't negatively impact abutting development as existing uses are also residential in nature and the medium high-density residential uses will assist in providing a transition to the commercial/office uses to the south. • "Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities."(2.01.01C) The proposed MHDR FL UM designation for this property will contribute to the range of residential land use designations in this area of the City which mainly consists of medium density residential (MDR). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01C) A street buffer already exists along N. Hickory Way, a collector street, along the northern boundary of the site. Page 6 Page 236 Item#12. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the future subdivision. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 2.10-acres of land from Commercial to MHDR for the development of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre. An exhibit map showing the existing and proposed FLUM designations is included in Section VIII.A. Approval of the proposed amendment to MHDR will contribute to the range of residential land use designations and diversity in housing types and densities in this area as desired. Additionally, it will provide for a transition in land uses between existing medium density residential uses to the north and commercial/office uses to the south and east. The change to a residential designation and subsequent proposed development will provide for fewer vehicle trips per day than would result from commercial development. For these reasons, Staff is in support of the request for a map amendment to MHDR. B. REZONE(RZ) The Applicant proposes to rezone 2.10-acre of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district consistent with the proposed FLUM designation of MHDR. A legal description and exhibit map for the rezone area is included in Section VIII.B. This vacant/undeveloped property is an enclave surrounded by property developed with single-family residential uses to the north and commercial/office uses to the south and east; only the property to the west is yet to develop. Developent of the subject property will provide more efficient provision of City services. A conceptual site plan and building elevations were submitted showing how the property is planned to develop with(19) single-family attached and townhouse dwelling units consisting of(1) single-family attached structure,(3)3-unit townhouses, and(2)4-unit townhouses2,500 square feet e bu n . The property is plafmed-proposed to be subdivided*'wough a fubi e appheatio . The existing subdivision plat(i.e. Mallane Subdivision)requires all lots in the subdivision to obtain conditional use permit approval prior to construction commencing on the lots; this requirement will be removed with re- subdivision of the property. The existing plat also depicts a 10' PUDI easement and 25' wide landscape easement along the west and north boundaries and a sanitary sewer,water main and public utilities easement along the east boundary of the site. The landscape buffer easement will be removed since a landscape buffer isn't required between residential uses and the PUDI easements will be replaced with new easements with the future plat. Single-family attached and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Page 7 Page 237 Item#12. The conceptual development plan depicts access to the site via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. Direct access via N. Hickory Way is prohibited. A private street is planned to provide access to the proposed development and for addressing purposes; an application for such should be submitted prior to the City Council meeting with the preliminary plat application and compliance with the standards listed in UDC 11-3F-4 is required. Staff recommends the Applicant work with the property owner to the east to extend the private street to Hickory Way in order to better facilitate emergency access to the site for wayfinding purposes and to comply with UDC 11-3F-4A.2,which requires the private street to connect to a local or collector street. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6. A minimum of 2 spaces are required per dwelling unit for 1-and 2-bedroom units,with at least one of those in an enclosed garage,the other space may be enclosed or a minimum 10' x 20' parking pad. For 3-and 4-bedroom units, a minimum of 4 spaces are required per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Garages are proposed for each unit with parking pads in front of the garages. Twenty(20)extra spaces for guests are proposed in the common areas-neafthe eff4y. On-street parking is not allowed due to the width of the private street. A mininium of one(1) off street pafking ir-ed for-every 500 squar-e feet(s.f) of gross fleer- area for-nen residential uses (i.e. the offiee). Based on 2,500 s.f-. for-the office, a minimum of(5) spaees spaees for-the effiee ener-eaeb within the r-equifed 20 feet wide biiff�t:to t:esidefttial uses,whieh is fiet allowed.An office is no longer proposed. Because the site is below 5-acres in size, qualified open space and site amenities are not required by the UDC per UDC 11-3G-2. A total of 419 0.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer alongH ickory Way and parking. A 20-foot wide landscaped street buffer and attached sidewalk exists on this site along N. Hickory Way that was installed with the subdivision improvements that is proposed(and required)to remain. Conceptual building elevations were submitted for the single-family attached and 3-unit and 4-unit townhouse structures as shown in Section VIII.D. Building elevations consist of a mix of materials including horizontal wood siding,vertical board and batten siding,wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Geneeptual building elevations were also submitted for-the offiee with building FaateFials eensisting of eemeat plaster-with stene veneer-and deeer-ative wood timber-aeeeffts and ar-ehiteetur-al asphalt roofing eensistent with the r-esidefttial Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. Detailed review of the elevations for compliance with these standards will take place with the Ge fti fieate of Zoning Comp4anee and Design Review application prior to application for building permits. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. Staff Recommendation: , development of this site is diffieult. The proposed eoneept plan with an offlee at the southeast eor-ner-with par-king that ener-oaehes within the required land use buffer-does not eompty with UDC standards as noted .,1....,e and i nstr;eted.The Comprehensive Plan states development in MHDR designated areas should incorporate high quality architectural and site design to ensure Page 8 Page 238 Item#12. quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity. To achieve this goal and alleviate some of the spaeial eonstr-ictions on the site, Staff recommends as a provision of the rezone that the office building is removed f-Fom the plan a the plans were updated to include additional open space with quality landscaping and some additional parking as directed by the City Council is with a pathways along the south and east sides of the development and a gazebo with a seating area as an amenity which can be shared between the residential and commercial development. Staff recommends a pathway is also provided from the sidewalk along the private street through the common area to the parking area at the southeast corner of the site.Prior-to the City Conn" hearing,the Applicant should revise the coneept plan aeeor-dingl�-. C. PRELIMINARY PLAT(PP): The proposed PP consists of 19 building lots and 4 common lots(including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Proposed lots range in size from 3,789 to 2,000 square feet(s.£)with an average lot size of 2,701 s.£ The proposed gross density of the subdivision is 9.64 units per acre. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site. The western portion of the drive-aisle along the eastern boundary on the site lies on this property. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-I5 for the R-15 zoning district.The proposed plat wears to comply with the dimensional standards of the district. Access: Access is proposed from an existing driveway from N. Hickory Way, a collector street. A private street is proposed for internal access to the proposed lots. be submitted or-ior-to the City .Compliance with the standards listed in UDC 11-3F-4 is required. Landscaping(UDC 11-3B): A street buffer exists along N. Hickory Way, a collector street,that complies with the standards listed in UDC 11-3B-7C. Landscapin is s required to be provided in internal common open space areas in accord with the standards listed in UDC 11-3G-3E. The stormwater drainage pond on Lot 16,Block 1 is required to be landscaped per the standards listed in UDC 11-313-11C. Landscapin is s required along all pathways per the standards listed in UDC 11-3B-12C;the landcape plan shall be revised accordingly. Common Open Space& Site Amenities(UDC 11-3G-3): Because this site is below 5-acres in size, common open space and site amenities are not required. A total of 0.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer along Hickory Way and parking. Sidewalks(11-3A-17): There is an existing attached sidewalk along N. Hickory Way, a collector street. The UDC requires 5-foot wide detached sidewalk along collector streets; however,because the existing sidewalk is in good condition, Staff does not recommend it's reconstructed as a detached sidewalk. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lightingis s required to be installed in accord with the City's adopted standards, specifications and ordinances. Page 9 Page 239 Item#12. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the Ci, 's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. D. PRIVATE STREET(PS)(UDC 11-3F): A private street application was submitted for an internal private street providing access to the proposed units. All private streets are required to be designed and constructed to the standards listed in UDC I I- 3F-4. Private streets are not intended for single-family develoments other than those that create a common mew through the site design or that propose a limited gated residential development. The applicability may be extended where the Director or Fire Marshall determes that a private street will enhance the safety of the development.A common mew is not proposed; therefore,a gated development should be provided unless otherwise approved through Alternative Compliance in accord with UDC 11- 3F-4B.3 as set forth in UDC 11-513-5. Gates are required to comply with the standards listed in UDC 11-3F-4A.4. The Fire Dept. has approved the design of the proposed private street. "No Parking Fire Lane"signs are required to be installed the entire length of the street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d.The gated entries to the private street should also be approved by the Fire Dept.to ensure emergency access can be provided to the site. The private street is required to be constructed in accord with roadway and storm drainage standards of the transporation authority or as approved by the City based on plans submitted by a certified engineer. An attached sidewalk is proposed along one side of the private street. The Director is supportive of a private street for this development for the following reasons: a named private street will assist in wayfinding for homes in this development off the collector street(N. Hickory Way); no local street access exists to this property; and a public street isn't desired in this location. Thus, the Director has tentatively approved the private street application subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone with the requirement of a Development Agreement, and preliminary_plat per the provisions in Section IX in accord with the Findings in Section X. The Director tentatively pproved the request for a private street subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. B. The Meridian Planning&Zoning Commission heard these items on June 3, and July 1,2021.At the public hearingon n July l't,the Commission moved to recommend approval of the subject CPAM and RZ requests to the City Council. I. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative; Louie Mallane b. In opposition:None C. Commenting: Dave McDonald; Shirley Moon; Randy Nelson; Ann Atarian d. Written testimony: None Page 10 Page 240 Item#12. e. Staff presenting pplication: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony a. Desire for a time limit to be put on the residential FLUM designation/R-15 zoning(if development doesn't occur within a certain timeline,the land use and zoning would revert to Commercial/L-O zoning), traffic& safety concerns on Hickory Wad maintenance of the existing masonry wall and landscape strip along north boundary of sib b. Inadequacy of parking in this area(Louie's restaurant/bank patrons park on this prope!jyh C. Unsafe driving conditions due to lack of visibility of cars pulling out onto Hickory Way from the site due to the curve of the road. 3. Key issue(s)of discussion by Commission: a. In favor of the proposed development plan over previous plans for this site; b. Concern pertaining to safety of access onto Hickory Wad c. Preference for the 4-unit townhome proposed along the north boundary to be reduced to a 2-or 3-unit townhouses for better transition to the existing homes to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on August 10 and September 7,2021. At the public hearing on August 10',the Council moved to continue the project to September 7'in order for the Applicant to prepare a parking analysis for the overall area. See submitted parking analysis_ At the September 7'hearing. Council continued the project to a future hearing date to be scheduled concurrently with the future preliminary plat application. 1. Summary of the City Council public hearing: a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald, Ryan Abbott,Louie Mallane d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Request for the 4-unit townhomes to be relocated to the southern lots or reduced to fewer units: b. Concerns pertaining to traffic and parking. 3. Key issue(s)of discussion by City Council: a. Council questioned the Applicant on why residential is more appropriate than commercial office use of the property as currently zoned—concern due to the loss of commercially zoned land: b. The bulk and height of structures proposed along the northern boundary of the site adjacent to existing single-family residential homes C. The adequacy of parking proposed for the development and concern for the parking situation for the overall development area including the adjacent restaurant/commercial and bank uses. 4. City Council change(s)to Commission recommendation: a. At the hearing on Sept. 7ti'. Council directed the Applicant to make changes to the conceptual development plan to include additional parking in one of the common areas Page 11 Page 241 Item#12. wherever it can be fit in): and expressed concern pertaining to the height and location of the structures proposed along the north boundary adjacent to existing residents. D. The Meridian Planning&Zoning Commission heard this item(PP—H-2021-0082) on December 2, 2021. At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald,Jerry Evans d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern pertaining to parking alongthe he adjacent collector street(Hickory from the proposed development; b. Preference for the previous site design without parking on the periphery of the southeast boundary; c. Concern pertaining to planting of shrubs within the utility easement(that contains utilities)along the northwest boundary of the site and adequacy of parking for the development; d. Concern pertaining to traffic on Fairview and desire for improvements on Hickor�to increase traffic flow. 3. Key issue(s)of discussion by Commission: a. Discussion pertainingto o the parking analysis submitted b, t�pplicant for this area. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s,) for City Council: a. None D. The Meridian City Council heard these items on January 4,2022. At the public hearing the Council moved to approve the subject CPAM, RZ and PP requests. 1. Summary of the City Council public hearing a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Landscaping along the northwest boundary and maintenance of the utilities in the easement along that boundary: b. Cross-parking agreement is not going away with development of this property. 3. Key issue(s)of discussion by City Council: a. Appropriateness of residential development on this site as opposed to the current office designation: b. Concern pertainingto o impact of proposed development on existing narking issues in this area. 4. City Council change(s)to Commission recommendation. a. None Page 12 Page 242 Item#12. VIIL EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date:6/28/2021 Adopted Land Uses 500 1,000 s d �� Feet l� f — ----- tare _ Medium-Density Residential S -� MU-RG Legend `TMISAP Boundary Low Density Residential Medium Density Residential Med-High Density Residential — High Density Residential -Commercial I-C i ®Office !+ - Industrial General Industrial civic Proposed Land Uses Old Town Mixed Use Neighborhood e Mixed Use Community - Mixed Use Regional _ ar Mixed Use Non-Residential T -® �i E Mixed Use-Interchange Vd'� Density Residential ® Low Density Employment Apricot - High Density Employment Ij�' � �1 � �jL Mixed Employment 1. MU-RG —j MU-Res -- �--, Nted-High L— MU-Com Density Lifestyle Center Residential Commercial MU General Industriial Page 13 Page 243 Item#12. B. Rezone Legal Description and Exhibit Map WOODCREST TOWNHC1MES SUBDIVISION EXHIBIT'A' LEGAL.DESCRIPTION A PARCEL LOCATED IN THE SOUTHWEST 1/4 OF TIII3 SOUTHEAST I14 OF SEA f10N 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK 1 OF MALL.ANE SUBDIVISION,AS SHOWN IN BOOK 87 OF PLAI'S ON PAGES 9881 THROUGH 9883,RECORDS OF ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 114 CORNER OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 001128103"EASTADISTANCE OF 67.14 FEET TO A 518 INCH DIAMETER IKON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK l OF SAID MAL.LANE SUBDIVISION; THENCE CON-ITN-LING NORTH 00028'43"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 252.95 FEET TO A 1/2 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAND LOT 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINLPING NORTH 00028'03"EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 129.73 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; I HBNCE CONTINUING NORTH 4301932"EAST ALONG THE NORTHEASTERLY PROLONGATION OF SAID NOTIH ASTERLY BOUNDARY, A DISTANCE OF 34.48 FEET TO THE CENTER LINE OF NORTH HICKORY WAY THENCE SOUTH 76012'S6"EAST ALONG SAID CENTER LINE,A DISTANCE OF 90.01 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 400.00 FEET; THENCE SOUT1lEASTERLYALONG SAID CENTER LIKE AND SAID TANGENT CURVE,93.24 FEET THROUGH A CENTRAL.ANGLE OF 1302121"TO A POINT OF INTERSECTION WI'M THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAND LOT 4; Page 14 Page 244 Item#12. PAGE 1 OF 2 THENCE SOUTH 001126144"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33,93 FEET TO A 1/2 INCH DIAMETER LRON PIN MARKING THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH OV26144"WEST ALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING,SAID EASTERLY BOUNDARY NORTH 89°34'20"WEST,A DISTANCE OF 244.66 FEET TO A 518 INCH DIAMETER IRoK PIN; THENCE SOUTH 00028'04"WEEST,A DISTANCE OF 47.00 FEET TO A 5/8 INCH DIAMETER IRON PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 84®37'22"WEST ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES,MORE OR LESS. EXHIBIT`B'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. r L E 7 732 q�#p A. Page 15 Page 245 Item#12. .4 fn Fq no VW4� z .y. tiA .. LA1� I2 t'o A. gFOf� � 'gyp A• . JN14120 Annexation Description 4/21/2021 Sole: 1 inch= 50 feet File: Tract 1:2-1063 Acres(91752 Sq.'Feet),Closure:000.0000e O.00 ft.(11281991).Perimeter=12701t. 01 n003803e 129.73 08 n89-3420w 244.66 02 n43,1932e 257.72 09 s00.2804w 47 03 n43-1932a 34.48 10 n89.3722w 129.2 04 s76.1256e 90.01 05 Rt,r=400.00,delta=013.2121,arc--93.24 06 s00.2644w 33.93 07 WIM44w 210.05 Page 16 Page 246 Item#12. C. Conceptual Development Plan-REVISED y } Y I _. i I IT F E I I- I KKOW AW"beiKlw. E,L En.wE �BLAINE A.WOMER E T i .H E- I I F Call betere Yau diga .EI. _'a_ �.I�IHEERiwG • w ITE L_ r E, E H.Ir TIT LT Page 17 Page 247 Item#12. D. Conceptual Building Elevations—REVISED Ell L�T FAIRWAY TOWNHOMES(Z UNIT) ARCHITECTURE Page 18 Page 248 Item#12. o�. �\ ,m cs FAIRWAY TOWNHOMES(3-UNIT) Afs�HREG7URF El 1111111 tm v FAIRWAY TOWNHOMES(3-UNIT) AhC1+TfC�URE Page 19 Page 249 Item#12. ,gym 8� 00 ® ®H 81111 8oEll Ell 0 FIF __® O'r m�vm� �\ FAIRWAY TOWNHOMES)4-UNIT) AltCHfIECTU4f ,, I FAIRWAY TOWNHOMES)4-UNIT) AkGIRECNPE �,,, Page 20 Page 250 Item#12. E. Preliminar Plat(dated: 9/7/21) PRELI%NARY PLAT OF WOOOCREST TOWNHOIMbES SUBDIVISION - X—EL CF U P LL A E-N THE:Aa Al III:F THE'CMiFRSF II'CF 5E 011 5 �%HP 3 NORM,U E'DST.305E MBDVN _ CRY CIF MEROV,W (t"AINIY,INWO _ .•W.. ..., i..,..a SEP7MEA.2OZiNW ........ ~R` 4 VICINITY MAP f. n��w -. �• NITS PRIUMINARY PLAT LAW U$ESUMMARY w. J 41 ; DEWLOPMENT NM CILIK TABLEE. -"— +` ,.� ,Cx•,Ms �' r �VJE •L .m...,..��.os..,.�.o.,e.. iNy „ytl'am (�� 11eT 4 ¢ uim i.�auu nu�wne�.o:o wwmeieme.0 mmva ZZ— I CONTACT INFORMAFION ,.,n wmhr��• I° — — — — Is : x i n x —c —s —e — .... E R.E -N 'T Lmr wfs [yw u'w�[ wuart_ •�w.,•X� �",."Mt y.o. �r>� 8OB[In90N �L.'-:-. ----_---- _ • 9EXL{NG[NEEa CITY CF MERIDIAN,ID ' Know what's below. i sm+�AI�•+� r BLAI NEA WOMfR •� TEEM 'ADDDfREST TOW SUMNISIDH Cal!bLq..yu oorEn SHEET *'REJMINRRI'PLAT F IX2p@• Page 21 Page 251 Item#12. F. Landscape Plan ,dated: 11/4/2021) LANDSCAPELEGEND * ' Y } -f0 0 ❑i ©; PLANT SCHEDULE ml11 �.. 00 CALLOUT LEGEND m (D � W • 0 I .. a0 � /)LANDSCAPE PLAN lo 0 LANDSCAPE SET SHEET INDEX 0 THIS SHEET L1©LANDSCAPE PLAN SEE SHEET U 0 FOR IANDSCAPE NOTES AND DETAILS. SEE SHEET L3 0 FOR IRRIGATION NOTES&DETAILS A SEE SHEET L3 1 FOR IRRIGATION CONTROL DETAILS SEE SHEET L3 2 FOR DRIP IRRIGATION DETAILS LANDSCAPE NOTES 1-7 SAW m 'n (�CEPANELY PERENNIAL&GROUNDCOYER TREE PROTECTION NOTES[ - «orec T � - -,....A %1DEC4DUOUS TREE PLANTING�� $ Z VINYwF CE-3 HT TRANSITION 6^YSHRUSPLANTING i■B .,......a....:..e.:,.... / Z TREE MITIGATION NOTES: TREE TRANSPLANT NOTES: TREE PRpTEcrlpN DETAIL _ FL2-0] Page 22 Page 252 Item#12. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION PrioF to the City Couneil heaFing, Staff Feeommends the conceptual development plan is revised to r-emove the of-flee building and Feplaee it with eommon open spaee with quality landseaping that ineorporates the following! par-ldng,pedestFian pathways along the south and east sides of the development, and a gazebo with a seating aFea whieh ean be shared between the residential and I. 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,preliminaryTlat and building elevations included in Section VIII and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual.An application for Design Review shall be submitted and approved for the single- family attached and townhouse structures prior to submittal of building permit applications. c. Direct lot access via Hickory Way is prohibited except for the private street common lot. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of a ref fi eme of Zoning Gemplianee and Design Review building permit application(s) for the site. £ The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes.Note: The private street is required to connect to the collector street(i.e.N. Hickory Way);the connection requires approval from ACHD. If not possible to connect,the Applicant shall submit an application for alternative compliance to UDC 11-3F-4A.2. 2. The final plat shall include the following revisions: a. A separate common lot shall be provided from the private street lot(i.e. Lot 15,Block 1,) for the property along the east boundary inelude theperti.r aleng the east baufi .,n � i-a*e met. b. Note#8: "Lot 15,Block 1 is pfpVesed-as a private roadway that shall provide access to all lots in the subdivision and shall be owned and opefaW maintained by the home owner's association." 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a pathway from the sidewalk along the private street on the west end of the site through the common area to the parking area at the southeast corner of the site. b. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. Page 23 Page 253 Item#12. 4. A private street application sha11be was submitted and tentatively approved by the Director for the proposed private street; compliance with the standards for such listed in UDC 11-3F-4 is required. The Applicant has one (1 wear to complete the tasks listed in UDC 11-3F-3B in order to obtain final qpproval of the private street. Upon completion of these tasks,the Applicant shall submit documention to the Planning Division verifying coMpletion and the Director will issue a letter stating the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved per UDC 11-3F-3B.5. 5. "No Parking Fire Lane"signs are required to be installed the entire length of the private street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d. 6. Gates shall be provided at each end of the private street in accord with UDC 11-317-51)and shall comply with the standards listed in UDC 11-3F-4A.4 and be approved by the Fire Marshall,unless otherwise approved through Alternative Compliance in accord with UDC 11-3F-413.3 as set forth in UDC 11-513-5. 7. Submit a detail of the proposed gazebo on Lot 16,Block 1 with the final plat application. 8. A Design Review application shall be submitted for all of the structures in the development and qpproved prior to submittal of applications) for building permits. The elevations submitted shall comply with the design standards in the Architectural Standards Manual and the provisions in the Development Agreement. B. PUBLIC WORKS Site Specific Conditions of Approval 1.1 No Permanent structures (buildings, carports,trash receptacle walls, fences, infiltration trenches, lightpoles, etc.)can be built within the utility easement. 1.2 Do not have water and/or sewer services crossing private lots. 1.3 The existing sewer is not shown correctly. Missing existing manhole and shown as extending further into the property then existing sewer actually goes. 1.4 There is an existing 8" sewer stub from existing manhole that looks like it will not be used. If this is the case the existing stub must be abandoned at the manhole per City Requirements. 1.5 Ensure that infiltration trenches are located so that sewer services do no pass through them. 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 Page 24 Page 254 Item#12. easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 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. Page 25 Page 255 Item#12. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221 L. C. FIRE DEPARTMENT 1. Roadways: When required by the Fire Marshall, "No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC.No other signs shall be approved: Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside,per International Fire Code Section 503.2.4. Roadways: All common driveways and alleys shall be maintained at all times for access by fire, police and EMS at all times of the year. D. POLICE DEPARTMENT No comments at this time. Page 26 Page 256 Item#12. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orglWebLink/Doc View.aspx?id=228988&dbid=0&rWo=MeridianCity&cr =1 F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https://weblink.meridiancio!.oLvlWebLinkIDocView.aspx?id=228242&dbid=0&repo=MeridianCity G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=229685&dbid=O&rgpo=MeridianCity H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.oLvlWebLinkIDocView.aspx?id=228193&dbid=O&roo=MeridianCity 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: I. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed infill development will provide a transiton in uses from single-family residential to commercial uses to the south and contribute to the diversity in housing types in this area as desired. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to change the FL UM designation from Commercial to MMDR will allow a transition in uses between existing medium density residential homes and commercial uses and will provide an improved guide to future growth and development of the City. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The 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 will be compatible with abutting existing residential uses and existing commercial land uses in the near vicinity. 6. The proposed amendment will not burden existing and planned service capabilities. The 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. Page 27 Page 257 Item#12. 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 11-5B-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 Applicant's request to rezone the subject property with R-15 zoning and develop single-family attached and townhouse dwellings on the site at a gross density of 9.64 units per acre is consistent with the proposed MHDR FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-15 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 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. This findings is not applicable as a rezone, not an annexation, is proposed. C. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary_plat,combined preliminary and final plat, or short plat,the decision- making body shall make the followingfgss(Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. Page 28 Page 258 Item#12. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council flnds public services can be made available to the subiect property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city.�pital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of sLapporting services for the proposed development; The City Council finds there is public financial capability ofsuporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. D. Private Street(UDC 11-3F-5) 1. The design of the private street meets the requirements of this article: The Director finds the proposed private street complies with the design and construction standards listed in UDC 11-3F-4 if the Applicant complies with the conditions of approval in Section IX. 2. Granting gpproval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and The Director fands approval of the private street will not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director fands the location and use of the private street will not conflict with the comprehensive plan and/or the regional transportation plan. 4. The proposed residential development(if applicable) is a mew or gated development. The Director fands the proposed development shall be a gated development in order to comply with this°finding. Page 29 Page 259 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (H2O21-0086 -Apex East Subdivision) Between the City of Meridian and Brighton Development, Inc. for Property Located on the South Side of E. Lake Hazel Rd. Between S. Locust Grove Rd. and S. Eagle Rd. Page 260 ADA COUNTY RECORDER Phil McGrane 2022-018711 BOISE IDAHO Pgs=40 BONNIE OBERBILLIG 02/23/2022 10:42 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Brighton Development, Inc. Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 22nd day of February '2022 '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 Brighton Development, Inc., whose address is 2929 W. Navigator Way, Suite 400, Meridian, Idaho 83642 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA 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 I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for a modification of an existing Development Agreement (Instrument # 2016-007075) and a rezone on the property as shown in Exhibit"A"under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, 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 A(,RV,'FMf-Nl'—APFx FACT Cl JSFAVISJON(T,,J-?O?I-n096) PAGE I or 7 I I government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 25t' day of January, 2022, 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,The Property contained in Exhibit"A"shall no longer be subject to the terms of the existing Development Agreement(Inst. #2016-007075) or any prior development agreement and shall be bound only by the terms contained in this Agreement. 1.11 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. INC'OR1PORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFIN➢TIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Development,Inc., whose address is 2929 W. Navigator Way, Suite 400, Meridian, ID 83642 DFVFLOPMFNT AGRFFMFwT-APFX EAST SUBDIVISION(H-?0?1-0086) PAGE 2 OF 7 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. 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 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 the property shall comply with the ordinances in the Meridian City Code in effect at the time of development. Future development of this site shall comply with the preliminary plat, phasing plan, landscape plan and be conceptual building elevations for the single-family dwellings included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B", and the provisions contained herein. b. The rear and sides of the 2-story structures that fact E. Lake Hazel Road or S. Recreation Avenue shall incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step-backs,pop-outs),bays,banding, porches, monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. C. Required street frontage improvements along E.Lake Hazel Road and the construction of S. Recreation Way including pathways and landscape buffers shall be constructed with the first phase of construction. 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. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and DEVELOPMENT AGREEMENT-APEX EAST SUBDIVISION(H-2021-0086) PAGE 3 OF 7 conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided,however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 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. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INS PEECT iON: 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. DEVELOPMENT AGREEMENT-APEX EAST SUBDIVISION(H-2021-0086) PAGE 4 OF 7 Item#13. 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. NOVICES: 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: Brighton Development, Inc. 2929 W. Navigator Way, Suite 400 Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 5 OF 7 Page 265 Item#13. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor 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 T1HI lE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 6 OF 7 Page 266 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Brighton Development Inc. By: CTI'Y OF ICIER➢®RAID ATTEST: By: Mayor Robert E. Simison 2-22-2022 Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO ) ss: County of Ada ) On this —day of LIB 20a;.before me,the undersigned,a Notary PubA in and for said State, personally appeared 'b. 9)a..rc( [C known or identified to me to be the s�cL of Brighton Development,Inc. and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ECN.t.,y RIVAUGHAN lic-State of Idaho Notary Public for Number 20181002 Residing at: e n Expires Jun 1, 2024 My Commission xpires: G- (- ap 34 STATE OF IDAHO ) SS County of Ada ) On this 22 day of February , 20 22, 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. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—APEX EAST SUBDIVISION(H-2021-0086) PAGE 7 OF 7 Item#13. Eachibit A Legal IRescriptian for Rezone to 118 A parcel of Jand being a portion of Government Lot 2 and a portion of the Southwest 1/4 of the Northeast 1/4 of Section 5,Township 2 North,Range 1 East,B.M., City of Meridian, Ada County,Idaho being more particularly described as follows: Beginning at a brass cap marking the North 1/4 corner of said Section 5,which bears N89'56'45"W a distance of 2,659Z6 feet from an aluminum cap marking the Northeast corner of said Section 5,thence following the northerly line of said Government Lot 2,S89'56'45"E a distance of 287.51 feet to a 5/8- inch rebar; Thence leaving said northerly line,5(}0'W42"W a distance of 104.38 feet to a point on the centerline of the Farr Lateral, said paint being witnessed by a 5/8-inch rebar which Bears N00"00'42"E a distance of 40.76 feet from said point; Thence following said centerline the following five(5)courses: 1. 569"11'54"E a distance of 194.76 Feet; 2. 15161 feet along the arc of a curve to the right,said curve having a radius of 200.00 feet,a delta angle of 44"00'19",a chord bearing of 547"11'44"E and a chord distance of 149.8E feet, 3. 525'11'35"E a distance of 135.17 feet; 4. 522'29'45"E a distance of 1,518.71 feet; 5. 5449"59'18"E a distance of 27.38 feet; Thence leaving said centerline,50U"59'12'I a distance of 31,97 feet to a 5/8-inch rebar, Thence N65'00'09"W a distance of 64.53 feet to a 5/8-inch rebar; Thence N46'01'41"W a distance of 379.52 feet to a 5/8-inch rebar; Thence S68'36'58"W a distance of 694.76 feet to a 5/8-inch rebar; Thence S42"57'43"W a distance of 108.59 feet to a 5/8-inch rebar; Thence N78'31'11"W a distance of 191.55 feet to a 5/8-inch rebar on the westerly line of the Northwest 1/4 of said Section 5; Thence following said westerly line, N00'01'10"E a distance of 1,854.56 feet to the POIf4T OF BEGINNING. Said parcel contains a total of 32,21 acres, more or less,and is subject to all existing,easernents and/or rights-of-way of record or implied. Attached hereto is Exhibit 8 and by this reference is made a part hereof. L_ %1, Page 12 Page 268 Item#13. -- NE CORNER SECTION 5 E. Lake Hazel Rd. rOUND ALUMINUM CAP BASIS OF BEARING 32 33 N89`56'45"W 2659,06' POINT OF BEGINNING 2$7,51' I —44.7G' INC 2371.55'— 5 4 S N 1f CORNER NEEGTIGN 6 PE,S 4993 FOUND BRASS CAP 25' PRES{CFIPTIVE RIGHT-OF-WAY i Unpiatted h Rezone Area: 32.21±AC Subdivision dRar ranccn SCS investments LLC S1405120902 (Portion) Current Zoning: R4 CL FARR LATERAL Proposed Zoning: R8 LINE TAB LE •.UD LINE BEARIPIG DISTANCE L °Q E} SO'D0'42'V 104.38 T L2 S69-11'54"E 194.765 L3 S2 11'35-E 135.17 03 L4 549'59'18"F- 27.38 C) 2 L5 SQ-59'12"E 31.97 L6 N65'00'09"W 54.53 L7 S42'57'43"1N 1 GS-55 Unplatted 1-8 N78'31'!VW 191.55 L4 Unplatte , Le N 0 300 600 900 Plan Scalc 1" -300' Page 13 Page 269 item#�s. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW Cjf[EN DIAl`T:-~' AND DECISION& ORDER(REVISED) In the Matter of the Request to Rezone 32.21 Acres of Land from R-4 to the R-8 Zoning District, and Development Agreement Modification to Create a New DA to Develop the Proposed Preliminary Plat Consisting of 97 Residential Building Lots and 14 Common Lots,by Brighton Development. Case No(s).H-2021-0086 For the City Council Hearing Date of: January 11,2022(Findings on February 15,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 11, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 11, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 11, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 11, 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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX EAST—FILE#H-2021-0086) - I - Page 270 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 11, 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 § 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 rezoning,preliminary plat and development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 11, 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX EAST—FILE#H-2021-0086) -2- Page 271 Item#13. 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 11,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX EAST—FILE#H-2021-0086) -3- Page 272 By action of the City Council at its regular meeting held on the 15th day of February 92022. 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 Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-15-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(APEX EAST-FILE#H-2021-0086) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1/11/2022 legend DATE: TO: Mayor&City Council FROM: Alan Tiefenbach _ 4 208-884-5533 ' f 5 SUBJECT: MDA, PP, RZ -H-2021-0086 — J Apex East Subdivision LOCATION: Parcel#51405120902, located on the south side ofE. Lake Hazel Road ________ ________� between S. Locust Grove Road and S. Eagle Road - I. PROJECT DESCRIPTION Request to rezone 32.21 acres of land from R-4 to the R-8 zoning district, development agreement modification to create a new DA to develop the proposed preliminary plat consisting of 97 residential building lots and 14 common lots. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 32.21 Future Land Use Designation Medium Density Residential 8-12 du/acre Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 97 building lots, 11 common lots,3 common driveway lots Phasing Plan(#of phases) 2 phases Number of Residential Units(type 97 of units) Density(gross&net) 3 du/ac gross, 5.1 du/ac net Open Space(acres,total 7.05 acres of qualified open space(21.89%) [%]/buffer/qualified) Amenities Two one-acre parks,tot lot,picnic area,pathway along the southern property line. Physical Features(waterways, Farr Lateral parallels the east property line. hazards,flood plain,hillside) Neighborhood meeting date;#of September 1,2021,no attendees attendees: History(previous approvals) AZ H-2015-0019,DA Inst.2016-007075 Page 1 Page 274 Item#13. B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) No Access(Arterial/Collectors/State Access will occur from S. Recreation Ave(a new Hwy/Local)(Existing and Proposed) collector)via E.Lake Hazel Rd. Stub Street/Interconnectivity/Cross Two stubs—one to the south and one to the east(both Access connect to presently undeveloped properties). Existing Road Network E.Lake Hazel Rd Existing Arterial Sidewalks/ None along the subject property.25 ft.wide buffer is Buffers required along E.Lake Hazel Rd.,20 ft.wide buffer required along S.Recreation Ave. 10 ft.pathways will be constructed along E.Lake Hazel Rd. and both sides of S. Recreation Ave. Proposed Road Improvements The applicant will be constructing S.Recreation Ave. from E.Lake Hazel Rd.to a cul-de-sac at the south property line. Fire Service • Distance to Fire Station 3.1 miles to Fire Station 4.Will be adjacent to Fire Station 7 when it is constructed. • Fire Response Time Presently>5 minutes,will change when Fire Station 7 is completed. • Resource Reliability >78% • Risk Identification 2,resources are not adequate • Accessibility Yes • Special/resource needs Aerial device will be required • Water Supply 1,000 gpm required • Other Resources None Police Service • No comments Wastewater • Flow is committed • Applicant must ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 0 • Pressure Zone 5 • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Comments • Eliminate the water main in E Wickham St. and install it in the common driveway at the northwest corner into S Recreation Ave. • Coordinate with the CDA project to stub water main from S Recreation Ave.to the common drive. Page 2 Page 275 Item#13. Project Area Maps Future Land Use Map Aerial Map r Legend Legend P*ojec+Lcc€ion a'F•o"e a, L.,3 f.,, tits filed-Hig ity Residenfial I° 1 - 1 Ldw D en ity ReSldenfl0l— AN*dlUnti - Residenfi�ll l ti Zoning Map Planned Development Map Legend Legend Pmjecl Lccfllkcn P. jec*Loc€�ior 0 1 R-15 _ R-1:S R- RUT I 4.0 R- ' } ❑ R-4 _ o l R�8 R-8 mom RUT R-4 _ Page 3 Page 276 Item#13. III. APPLICANT INFORMATION A. Applicant Representative: Josh Beach,Brighton Development Inc.—2929 W.Navigator Wy, Boise, ID 83713 B. Owner: Brighton Development—2929 W.Navigator Wy,Boise,ID 83713 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/30/2021 Radius notification mailed to properties within 300 feet 11/12/2021 Nextdoor posting 11/28/2021 Sign Posting 12/02/2021 V. STAFF ANALYSIS The property was annexed and zoned R-4 as part of the South Meridian Annexation(H-2015-0019). This annexation consisted of 1322.14 acres of land.There were numerous development agreements associated with this annexation; each development agreement was specific to the property being annexed. The subject property is governed by the Murgoitio Development Agreement(Inst.#2016-007075). This DA allows County operations to continue until the property is developed.At the time the property was annexed,the City anticipated the rezone and platting of the subject property. Prior to any development,the DA requires a development plan be approved and anew DA created at no cost to the applicant. A. Development Agreement Modification Section 4.2 of the development agreement states"no change in the uses specified in this Agreement shall be allowed without modification of this agreement." Section 20.1 of the DA states "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." Section 5.1.2 of the development agreement states `future development of the property shall comply with all bulk, use and development standards of the R-4 zoning district." The purpose of this DA Modification is to include the proposed preliminary plat,landscape plan and proposed elevations as the approved development plans for the property. If the property were rezoned to R-8 to allow the development as proposed,the new DA should require compliance with the preliminary plat,landscape plan and conceptual building elevations in the Exhibit section below. Page 4 Page 277 Item#13. B. Zoning: This application proposes to rezone from R-4 to R-8. The property to the west(Discovery Park)is zoned R-4. To the east of the property is land still within Unincorporated Ada County. To the north of the property(across E. Lake Hazel Rd.)is R-40 and R-15 zoning. The R-8 Zoning District requires a minimum lot size of 4,000 sq. ft. and minimum street frontage of 40 ft. The Preliminary Plat Data Table for this proposal indicates a minimum lot size of 6,967 sq. ft. and an average lot size of 8,485 sq. ft. These are lot sizes which are smaller than the Keep subdivision to the east,but larger lot sizes than the Impressive East Ridge and Lavender Heights Subdivisions across E. Lake Hazel Rd. to the north. The lot sizes are well within the FLUM designation of MDR,which allows densities of between 3-8 dwelling units per acre. The minimum 40 ft. street frontage is exceeded on all lots. C. Future Land Use Map Designation(https://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. As mentioned in the zoning section above,the gross density is 3 du/acre and the net density is 5.1 du/acre. This is well within and on the low end of the designated density for the site. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. D. Comprehensive Plan Policies(https://www.meridianciiy.oc /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) The building elevations show a single-family attached product proposed for this development. Single-family attached housing tends to result in a more affordable product, which is a more attainable product for first time home buyers and/or younger families. This contributes to the variety of housing types that meets the needs,preferences, and financial capabilities of Meridian's present and future residents. 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) The proposed plat depicts 5 ft. wide detached sidewalks on both sides of roads internal to the subdivision, with 8 ft.parkways. There are also 10 ft. wide pathways on E. Lake Hazel Rd., along both sides of S. Recreation Ave., and running along the south property line to the Farr Lateral east of the site. The pathways provide a necessary link to the greater pathway system and provide pedestrian access to Discovery Park across the street although staff believes a segment of the southernmost pathway needs a slight realignment as described in the pathways section below. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) As mentioned above, 5 ft. wide detached sidewalks are provided along all internal roadways, and there are 10 ft. wide pathways along both sides of S. Recreation Ave., E. Lake Hazel Rd. and the south perimeter of the property to the Farr Lateral. The sidewalks stub to the east and south, and Page 5 Page 278 Item#13. the pathways provide connectivity to Discovery Park on the opposite side of S. Recreation Ave. and future development to the south. "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) The development can be adequately served by critical public facilities and urban services. Water and sewer will be extended from S. Recreation Ave. at the west. • Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity. (6.01.02B) This development does not take access from E. Lake Hazel Rd. (an arterial road). Two points of access are proposed from S. Recreation Ave., a new collector that will be constructed by the applicant and will also provide access to Discovery Park and the South Meridian Fire Station No 7 and Police substation. Two internal stubs to the south and east are being provided. E. Existing Structures/Site Improvements: The property is presently vacant. F. Proposed Use Analysis: Single-family dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. Per UDC 11-513-8, design review is required for all new attached residential structures of more than one unit. G. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district.All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes minimum lot size of 4,000 sq. ft., and required street frontages of at least 40 ft. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 ft,although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided.No block length exceeds 750 ft. Three common driveways are proposed with this subdivision. The applicant has provided common drive exhibits which demonstrate no more than 3 units are served whereas a maximum of 4 units are allowed. The common driveways meet the minimum width of 20' and does not exceed the maximum length of 150'. The common driveways show landscaping of at least five feet wide along one side of each common driveway. The elevations that were submitted suggest single family attached, although the plat as submitted does not reflect an even number of lots and does not indicate which lots would contain the attached product. Prior to Council,the applicant should revise the plat to depict the single family attached lots(zero setback side lot lines). Page 6 Page 279 Item#13. H. Access(UDC 11-3A-3): The property abuts E. Lake Hazel Rd.to the north, although it will not take access from this road. Lake Hazel Road is improved with 2-travel lanes and there is no curb, gutter or sidewalk abutting the site. There is 50-feet of right-of-way for Lake Hazel Road. Lake Hazel Road is planned to be widened to 5-lanes from Locust Grove Road to Eagle Road between 2036 and 2040. The plat proposes two access points from a new collector road(S. Recreation Ave.)which parallels the west property line. Primary access will occur at approximately the middle of the subject property's western property line(shown as E. Wickham Street). There will be a second southern access which will align with a drive aisle into Discovery Park(shown on the plat as E. Ambition Dr). S. Recreation Ave. will also provide primary access to Discovery Park as well as the South Meridian Fire Station No 7 and Police Substation.Two stub streets are proposed at the southeast portion of the property; one stubbing to the south and one stubbing to the east. Per an Interagency Cooperative Development Agreement(Instr. 2016-007073), Brighton Development is required to construct S. Recreation Ave. (the new north/south collector)from a cul-de-sac at the south property line to Lake Hazel Road. They will also be required to install 10 ft. wide pathways on both sides of this collector. ACHD has responded a traffic impact study is not required and has not submitted additional comments as of time of this staff report. I. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Future development should comply with these standards. J. Pathways ( UDC 11-3A-8): The Meridian Pathways Master Plan shows a 10 ft. wide multiuse pathway running along the site's northern property line and turning north(crossing E. Lake Hazel Rd.) at the site's eastern property line. The Pathways Plan also shows a 10 ft. wide multiuse pathway along the western side of S. Recreation Ave. The Plan shows another 10 ft. wide pathway connecting from S. Recreation Ave to the Farr Lateral along the southern property line. The landscape plan indicates 10' ft. wide pathways along all these alignments. In addition, although not shown on the pathway plan nor required by ACHD,the development also proposes a 10 ft. wide pathway on the east side of S. Recreation Ave. as well. Staff does think the southern pathway(connecting to the Farr Lateral) should align with the eastern entrance into Discovery Park on the opposite side of S. Recreation Ave. (see the color landscape plan in Section VII). Staff has concerns the westernmost segment of the pathway will encourage people to cross S. Recreation Ave. out of a designated crosswalk or"cut across"the open space in the vicinity of the Williams Pipeline Easement. Staff recommends the plat and landscape plan be revised to provide a more direct and aligned connection between the southernmost pathway and the entrance into Discovery Park. Sidewalks(UDC 11-3A-17): Five-foot detached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. All detached sidewalks include parkways which are meet the minimum 8 ft. with and are landscaped as required per I I-3A-17. Page 7 Page 280 Item#13. K. Parkways (UDC 11-3A-17): Parkways are provided between the detached sidewalks and road on both sides of all local roads. As mentioned above, all parkways meet the requirements of 11-3A-17 and 11-3B-7 including at least 8 ft. in width and landscaped with at least 1 tree per 35 feet. L. Landscaping(UDC 11-3B): UDC 11-2A-6 requires 25 ft. wide buffers along arterial roads(E. Lake Hazel Rd.) and 20 ft. wide buffers required along collector roads (S. Recreation Ave). The landscape plan reflects a buffer of more than 75 ft. along E. Lake Hazel Rd., and a buffer of at least 50 ft. in width along S. Recreation Ave. The detached pathways are in these buffers,there are parkways of at least 8 ft. in width, and the landscape buffers meet the minimum planting requirements of 1 tree per 35 linear feet. Internal sidewalks also contain parkways of at least 8 feet in width. As described below, there are three parks provided with this subdivision that meet the density requirements of 1 tree per 8,000 sq. ft. The landscape plan indicates there are no healthy existing trees meeting the preservation requirements on the property. M. Qualified Open Space (UDC 11-3G): 11-3G-3 has recently been revised to require 15%of qualified open space for properties within the R-8 zoning district. The applicant has submitted an open space exhibit which reflects 21.8% (7.05 acres)of qualified open space. This includes two one-acre parks at the south perimeter of the property, a 1/2-acre park toward the center of the development, 100%of the collector buffers, 1/2 of the arterial buffer, and several trail corridors meeting the minimum requirements of 20 ft. in width, 50 ft. long and with an access at each end. The open space exhibit includes the 55 ft. wide Farr Lateral easement along the eastern property line.UDC 11-3G-3B states protective buffers a minimum of ten feet(10')in width dedicated for active access along laterals or ditches may count toward meeting the open space minimum requirements. However, as presently shown, staff is unsure this area provides the"active access" required to be counted as qualified open space. Because this lateral is behind existing homes, staff also has concerns regarding visibility and whether this area would comply with Crime Prevention Through Environmental Design(OPTED) standards. As a condition of approval, staff is recommending that prior to Planning Commission,the plat and landscape plan be revised to provide access to some or all of the open area shown along the Farr Lateral. Only areas accessible and useable to the residents as open space should be included on the open space exhibit. Also, if this area is to be credited as qualified open space, it should be landscaped as required by UDC 11- 3B unless otherwise prohibited by the irrigation district. N. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(32.1 acres), 6 amenity points are required. This application proposes two open space parks larger than one-acre (6 points), a'/2 acre parcel at the center,a picnic area(2 points), a tot lot(1 point),and more than mile of multi-modal pathway (4)points. This application exceeds the minimum requirements. O. Waterways(UDC 11-3A-6): The Farr Lateral runs along the eastern property line. The applicant has requested a waiver from UDC 11-3A-6 which requires piping the lateral with the explanation that piping the lateral would be cost-prohibitive. The landscape plan reflects turf sod in this area. Coordination will be ongoing with the irrigation district managing the waterways to meet their requirements. Page 8 Page 281 Item#13. P. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan includes a fencing plan. 6 ft.high wooden fencing is provided along the S. Recreation Ave. landscape buffer,and along the side of interior trail connections adjacent to residential lots (leaving them visible from the roads). Open style metal fencing is provided along the portions of the open spaces visible from the internal roads, and along the portions of the Farr Lateral that are not visible from E. Lake Hazel Rd. The fencing appears to meet the requirements of 11-3A-6 and 11-3A-7. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. Water and sewer will be extended from S. Recreation Ave to the east. A 75 ft. wide Williams Pipeline Easement is indicated at the southwest corner of the property. The plat contains this easement within common lots. The landscape plan shows these common lots landscaped with sod. There are no trees shown within this easement. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted building elevations of the single-family attached homes for this project(see Section VI.F below). The single-family attached homes are depicted as one and two-story structures with attached garages and a variety of architectural elements and finish materials including gabled roofs, covered porches, dormers,and lap siding. The submitted sample elevations appear to meet design requirements for single-family homes but do not include elevations of the sides or rears of structures. A large number of the houses will be very visible from E. Lake Hazel Rd. and S.Recreation Ave. Therefore, staff recommends a condition that the rear and/or sides of 2-story structures that face E. Lake Hazel Rd. and S. Recreation Ave. 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. Single-story structures are exempt from this requirement. Single-family attached structures require administrative design review approval prior to applying for a building permit. VI. DECISION A. Staff: 1. Staff recommends approval of the requested rezoning, development agreement modification and preliminary plat with the conditions noted in Section VIII.per the Findings in Section IX. Page 9 Page 282 Item#13. B. The Meridian Planning&Zoning Commission heard this item on December 16.2021. At the public hearing.the Commission moved to deny the subject rezoning,preliminary=nlat and development agreement modification request. 1. Summary of the Commission public hearing: a. In favor: Josh Beach and Mike Wardle b. In opposition:None C. Commenting: Josh Beach and Mike Wardle.Josh Beach noted the elevations that were submitted were the wrong elevations and the development would be entirely single family detached. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Wendy representing the Southern Rim Coalition commented that people are very disappointed with the"steps ups"that were occurring. She mentioned citizens were not aware of the development agreement that anticipated future rezonings. She mentioned too much R-4 property was being rezoned to R-8, and allowing this rezoning would set a precedent for additional requests for R-8 zoning. b. Several other citizens testified in opposition with concerns beingdensity, and precedent that would be set by continuing to rezone from R-4 to R-8. 3. Key issue(s)of discussion by Commission. a. Commissioners expressed concerns with lots in the vicinity of the common drive at the northwest portion of the property and there could be future issues with parking and trash services. They also commented it appeared too many lots were"squeezed in there."They suggested eliminating the common drive and creating more"pie shaped" lots in this area and/or putting—a"knuckle"in there. b. Commissioners suggested the applicant make additional adjustments in the circle surrounding Lot 1,Block 6 to create more useable open space. c. Commissioners commented that they would prefer the common drives to be eliminated. d. Commissioners suggested putting a pathway adjacent to the Farr Lateral Easement, directly behind all the houses to the east. e. Commissioners did not support the precedent of continuing to rezone R-4 property to R- 8. f. Commissioners noted most of this alreadv met R-4 standards, so they would prefer it just be reconfigured to meet R-4. 4. Commission change(s)to Staff recommendation: a. Commissioners recommended denial. C. The Meridian City Council heard these items on January 11,2022. At the public hearing the Council moved to approve the subject rezoning, preliminary plat and development agreement modification requests. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle,Mike Wardle b. In opposition: Wyn yn Webb with Southern Rim Coalition,Mary Affleck L . C. Commenting: Jon Wardle and Mike Wardle d. Written testimony: Melissa Phillips.Julie Edwards,Julie Langlois e. Staff presenting application: Alan Tiefenbach Page 10 Page 283 Item#13. f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Precedent from allowing"step ups in density" b. Maintaining more R-4 properties c. Lack of transparency from R-4 holding zones that are assumed to go to R-8. C. Traffic and increased lighting d. Loss of privacy 3. Key issue(s)of discussion by City Council: a. Whether additional R-4 properties should be rezoned. b. Whether the development could be reconfigured to meet R-4 standards c. Whether it would be better to have more lots under R-4,or more open space if R-8 was allowed with the development as shown. d. There was significant discussion regarding school overcrowding and public improvements Brighton had constructed. e. Because the property was already entitled and annexed.the Council expressed concerns regarding rding whether it was better for it to remain R-4 or let it be up-zoned to R-8 with the development as shown. f. What factors Southern Rim Coalition used to support or oppose a development. 4. City Council change(s)to Commission recommendation. a. Council did not require a connection or open space within the Farr Lateral. VII. EXHIBITS A. Rezoning Exhibit(date: 10/11/2021) Page 11 Page 284 Item#13. Exhibit A Legal IRescriptian for Rezone to 118 A parcel of Jand being a portion of Government Lot 2 and a portion of the Southwest 1/4 of the Northeast 1/4 of Section 5,Township 2 North,Range 1 East,B.M., City of Meridian, Ada County,Idaho being more particularly described as follows: Beginning at a brass cap marking the North 1/4 corner of said Section 5,which bears N89'56'45"W a distance of 2,659Z6 feet from an aluminum cap marking the Northeast corner of said Section 5,thence following the northerly line of said Government Lot 2,S89'56'45"E a distance of 287.51 feet to a 5/8- inch rebar; Thence leaving said northerly line,5(}0'W42"W a distance of 104.38 feet to a point on the centerline of the Farr Lateral, said paint being witnessed by a 5/8-inch rebar which Bears N00"00'42"E a distance of 40.76 feet from said point; Thence following said centerline the following five(5)courses: 1. 569"11'54"E a distance of 194.76 Feet; 2. 15161 feet along the arc of a cun+e to the right,said curve having a radius of 200.00 feet,a delta angle of 44"00'19",a chord bearing of 547"11'44"E and a chord distance of 149.8E feet; 3. 52S'11'35"E a distance of 135.17 feet; 4. 522°29'45"E a distance of 1,518.71 feet; 5. 5449"59'18"E a distance of 27.38 feet; Thence leaving said centerline,500*59'12'1 a distance of 31.97 feet to a 5/8-inch rebar; Thence N6S'00'09"W a distance of 64.53 feet to a 5/8-inch rebar; Thence N46°01'41"W a distance of 379.52 feet to a 5/8-inch rebar; Thence SGB"36'58"W a distance of 694.76 feet to a 5/8-inch rebar; Thence S42"57'43"W a distance of 108.59 feet to a 5/8-inch rebar; Thence N78`31'11"W a distance of 191.55 feet to a 5/8-inch rebar on the westerly line of the Northwest 1/4 of said Section 5; Thence following said westerly line, N00'01'10"E a distance of 1,854.51E feet to the POINT OF BEGINNING. Said parcel contains a total of 32,21 acres, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. Page 12 Page 285 Item#13. -- NE CORNER SECTION 5 E. Lake Hazel Rd. rOUNE) ALUMINUM CAP BASIS OF BEARINn 32 33 N89`56'45"W 2659,06' POINT OF BEGINNING 287.51' 1 4C),7�a' 'PVC 2371.55'— � 5 N 1/4 CORNER SECTION 5 PLS 4998 FOUND BRASS CAP 25' PRES{CFIPTIVE BIGHT—OF—WAY i Unplatted Rezone Area: 32.21±AC SubdivisionRaspdRancn Ranch SACS Investments LLC S1405120902 (Portion) Current Zoning: R4 CL FARR LATERAL Proposed Zoning: Rg - I LINE TAB LE 0. LINE BEARRIG DISTANCE E} SO'DOr42'111 104.38 . T L2 S6711'54ME 194.76 � w 0 L3 S25-11'35-E 135.17 Y 03 L4 549'59'18"E 27-38 C) L5 Sp'59'12"E 31.37 L6 N65'04'09"W 54-53 L7 S42'57'43'W 1 G&56 up platted 1-8 N78"31 1 V 191.55 ° � 01, L4 55 Unplatte Le w N. 0 300 600 900 Plan Scale: 1" 300' Page 13 Page 286 Item#13. B. Preliminary Plat(date: 10/�211/11/2022) KMEMT214 OF SECTION 5,TO'4 N51-1IP 2 NORT'--I,FLArWCjiE 1 EA5T,$0 SE MERIDIAN,ADACQUFNTY,IOAHO, i I ass,�wlul I +J -r-e � i S -- �_-- 1. (D i I a L3C� 5% iI .m slcrta�x x�i �a ruaw i5 I I riarsa�i+; 1 I f'S � 5ii I iawarr,u L N i 9��WP 5 Iy C] 4At IS C 4`7 + a. i II 5 i I 5 5 Page 14 Page 287 Item#13. C. Phasing Plan(Date: October 2021) f1r L11 UilUlpI 4VLJVI V I01W014 IF fiLLI IVI I IYTIR I r-LmI A PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOT 2 AND A PORTION OFTHE SOUTHWEST 1/4 OF THE NORTHEAST 1/40F SECTION 5,TOWNSHIP 2 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADACOUNTY,IDAHO. I I I •15�LLki�. IiPPL'R�Q'�IS.i x44F I I2f,0exi w. n� blBru1151CN xu i L—�— W I w . - II 1 uramwxww F.nr - uF.f1Y: aco+oTauaamcr t n,rartfremr secrryar=1i 1� F 5 Phase 39 Count -----`--- • Phase 2 58 Count �� +. t i + I IA _— �S 11 h t 4 H �..ti � - I RfF011NSWlgY M. a �a mmv�mnrc � i�iMTi:F 51 �fmseur Nsa :F I 1 I _- c. wM6P4wx III � I, SlYkI1H]P � 11 ama u.nR++ac 00.�R fMIS„?iPE -�% + I REAMIRIsi 11 na Y 6NM IM ILlVIg1Y.IIiL1YWlde � c w,x,�ki n�!°� + 47 1 — ,�-9F� I + I I � «F, I }'_�i� FyvOi[WFSli�infF[6�rE SU�SS13J39L I Page 15 Page 288 Item#13. Color Landscape Plan(date: 1 n"�21 l/l l/2022) I t# B I HT N c;;W L NTUAL,5V BIECT TO C mANGE � r1- i F i r �y E�. f�3krtYdrw , hWAIF yy 1� 1 �i Page 16 Page 289 Item#13. Fence Exhibit(date: 1�1'�21 1/11/2022) SYMBOLS DESCRIPTION fl � J 6' HEIGHT STAINED CEDAR. SEE PPL4.0-6. j r 5° HEIGHT OPEN VISION METAL FENCE. SEE PPL4.0-5. f I 5 7� } II E3 1 �. 31, I i � I I to 5 5 u II3134, S F l Y 5 I q E. Page 17 Page 290 Item#13. F. Common Open Space Exhibit(date: 1�1'�241/11/2022) — -- LV16'IYiiu ld. I, LEGEND a� �s PARKWAY (OVALIFIE❑ OPEN SPACE) I La �k d U� Id � k4x � COMMON Ldi (Ol1PLFl EQ OPEN SPACE) r x COMMON LOT (NOT OUALIFlED OPEN SPACE) 'VA 1pi.L Ji 5 YLSI d � 55 5 — H.UCf = i � a II 8 .p, kl 5 n�xamxs I L _ 1 urxcs c 1.w"M"79 t Y ~~25 ham I 11 f IIAI A y XI YL 42 S y ET 4 5 a$ 4 I � ly 3 5y 4 y I 41 x d T�75� l 46 I � y Y'YaY i5 tir 5 y + 5 tt# � � x a y am a y5� ueT �� dwuwsr+runs�.o-ls� �,� v ssm cauw s C. J F G. NARY PI AT OPFN SPAT EXFIIRIT Page 18 Page 291 Item#13. H. Common Driveway Exhibits (date: 1n/'rvr1 W2021 1/11/2022) kFAR --N P RP.AR i THE DEVELOPER IS RESPONSIBLE POR P _ w AWNS LANDSCAPING W J In GAT.AND THE + w .I L — G:ARACE o �GARAO� ' 7A ,Vas 5 RESPONSIBLE FOR Ir y �' �^ Syr AMINO LANDSCAPING l ,�, y r � �,� FRONT I IRRIGATION IwAR THIS I r y y J L a_AT Z ryo I, LOT I IS A - -E101L➢ABLE CDMAtON LD L� SLOT LOT 9lNH A BLANKET * r 'y o ry f INGRESS BLANKET :EMENr I1 PAL 1 COMMON DRIVE 13 AND 1l.RLCOK 1 TI�SIILDIN.ENYELDPE. ,j DRIVEWAY FOR LOT 14 V . 1 TO 9E LOCATEDON THEF S&T O 1 910E OF THE SHARED OGkJMON DRIVE PROPERTY JNE I S � E wA Y LOT I3 OWNE'P IS RESPONSI9LE MR INSTAWNG AND"INTAINING LdHCSIAPINa AND IRRIGaTON IN AREA EAST OF DELNEATION LINE L BIDE1 �I*. DEILNEATION LINE f/.Il LOT 12 OWNER IS RESPONSIBLE FOR INSTALLING AND WVMAINING LANDSCAPING AMID IRRIGATION IN THE AREA ( r WE57-OF DELINEATION LINE THE➢EVELOPER IS RESPONSIKE FOR INSTALLING BUILDING ENVELOPE, v LANDSCAPING AND IRRIGATION AND THE HIM IS S TYPICAL HE5PONSIELE FOR MAINTAINING WRD5CAPING AN. DRIVEWAY FOR LOT 10 BLOCK I TO RRF,AII-0N N THIS AREA R€LOCATED ON THE OPP03RE SIDE a" OF THE SFMM OOMVDN DRIVE I r%TG Irl to Ri nl-V 9 PROPERTY LINE - a 3 ' s A s i ; n 3 s a e �i 3 -A 0. > i ♦ v a �A s * s A j v -rl ry al al PI rlr =1 i rl N al rl 3 al rl rl I R REAR r REAR REAR f� REAR REAR I— REAR m III h m HLOGf 1 -L L aA `� �GAkAGE � � s� A2 m J µ - �—E COMMON. ¢l 5,3 i6 DRIVE 1 - - : i ' a 10 COMMON > M ADONTA41,TOP 9- f SIDE I OD �RIu� S_YERiE%WAY `LsmF IY , 1� SIDE )-��- bHNEWAr FOR ,SWAY FOR LOT�] ELOOK ro OK TO SE E210t ,bq IZ7 12' � /\ , LOT 43 THE GPODSTE 514E q / fi s BE LOCATED THE BH0.REO COMROH J fi E PROPERTv DNE �.' 1 - s q( 1 f ON THE DPP651TE 25 IS 1412' 1qIDE OF THE IL ki EW m �MDNLOT WITH A - 39 .,I LOT N2 OWNER S CCMNON 2° ;4 RESPONSIBLE FOR DRIVE RESS/EGRESS 1 INSTAWNG AND PR�'— ENEM IN EAYOR ''`. II MNNTAINING LINE LOTS 2A ANO Z5, ERNFWAY FOR LDT]]BL°GK I TO BUILDING III WIDSCMING AND CN I iri BE LOCATED ON THE OPPOSTE SIDE ENVELOPE - �m IRRIGATION IN ICF THE . PROPERTv LINE AM4ADN DRIVE l'lPIOAL _ 514E1' —� •_ i THESE AREAS Lm RN DWNES IR ; RESPONSIBLE INR -� HSTNLNC ANI G I)IRRIOA IAMIN FH INO z D IRRIOATIgN IN THESE AREAS LOT OO I-0.NTN-BUILDABLE DRYEWAT FOR LOT 3H 11—T EE COMMON LOT WITH A BLANKET INGRESS/MBERS EASEN€M IN FAVOR TO BE LOCATED ON THE OPPOSITE LOTS 23-27 AND 39-43 BLOCK 1 of Lars A.AND Az.BLOCK I 5RY of THE 9iARm cOMUDw DIDE PROPERLY LINE =JP'WHEN PRIMED AT 11"y— � 1� Page 19 Page 292 Item#13. G. Conceptual Elevations (date: 1!V' z 1/11/2022) J KEr,�� fl I NA _ f y CCCC II LA Page 20 Page 293 Item#13. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation_ of this brope Prior to approval of the annexation ordinance. a DA shall be entered into between the Citv of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. 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 the Property shall comply with the ordinances in the Meridian City Code in effect at the time of development. Future development of this site shall comply with the preliminary plat,phasing plan,landscape plan and conceptual building elevations for the single-family 4taehed-dwellings included in Section V11. and the provisions contained herein. b. The rear and/or sides of 2-stony structures that face E.Lake Hazel Rd. or S. Recreation Ave 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. Sin l�ry structures are exempt from this requirement. c;,, -je f. mifl ,.,tt.,..h.,a st,. et, Fes Feclimirp. .,a,, inktrAt;,,,, a,.S; c. Required street frontage improvements along E. Lake Hazel Rd. and the construction of S. Recreation Way including pathways, and landscape buffers shall be constructed with the first phase of construction. 2. The Preliminary Plat included in Section Vl. dated 10/11/21,is approved with the following revisions: a. The ,+�_plia should indicate whi`�l'c„-lots= ill eontain sin$ie family attaehe i--� v+c b. Add notes which indicate Lots 33 and 49. Block 1,Lot 3,Block 2,Lot 11,Block 3,Lot 10,Block 4,Lots 1, 9. 14. and 22 Block 5. and Lots 1. 3 and 6 Block 6 are common lots which will be owned and maintained by the homeowner's association. c. All utility easements reflected on the utility plan shall be included on the plat. to some or all .,f the m3en area sh.,,, all • the L'.,.-a-7 .,F.,.-.,1 Oni ,areas aa,.,,,.t .,,,a .,1. „a .. ,,,,t,,,,, h.,t„.,.,., the so„th.,,.....,.,nt pathway „a the .,,.t,.., i ,..,., lIto Discover��Park •�TGJt. 3. The Landscape Plan included in Section V1.dated 10/11/21,is approved with revisions c. d. and e as listed in Condition No. 2 above, and the following additions: Page 21 Page 294 Item#13. a. If the Farr Lateral Easement is to be credited as qualified open space,it should be landscaped as required per UDC 11-3B,or as allowed by the irrigation district. b. Prior to the Commission should provide details of the picnic area,tot lot,and other qualified amenities. 4. Prior to signature on the final plat by the City Engineer,the applicant shall submit a public access easement for the multi-use pathway alone S. Recreation Ave.,E. Lake Hazel Rd. and the southern property line to the Planning Division for approval by City Couneil and subsequent recordation. 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 6. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and maintenance thereof as set forth in UDC 11-313-13. 7. Pathway and adjoining fg encings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-313-12C. 8. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. as applicable. 9. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers,and mailbox placement. 10. Off-street parkin is s required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 11. All common driveways shall meet the requirements of 11-6C-2-D including a perpetual ingress/egress easement being filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 12. Development within the Williams Pipeline easement shall comply with the Williams Developers' Handbook. 13. All ditches shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6 unless waived by City Council. 14. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 15. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Applicant shall coordinate with the CDA project to sub a water main from South Recreation Avenue to the common drive at the northwest corner of this subdivision which is currently designated as Block 1,Lot 11. 2. Eliminate the water main in East Wickham Street. 3. Ensure no sewer services pass through infiltration trenches. Page 22 Page 295 Item#13. General Conditions of Approval 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. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process usingthe he 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final .plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways.intersecting} crossing or laving adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction 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. 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. Page 23 Page 296 Item#13. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building-permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,, landscaping,amenities. etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may= ost as performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the rp oiect• 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.orpublic works.as x?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost Page 24 Page 297 Item#13. estimate provided by the owner to the City. The surety can be posted in the forth of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit. cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=243086&dbid=0&repo=MeridianC Lty D. ACHD https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=243094&dbid=0&repo=MeridianC iv E. NAMPA&MERIDIAN IRRIGATION DISTRICT https://weblink.meridianciV.orglWebLinkIDocView.aspx?id=244628&dbid=0&repo=MeridianC hty F. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancily.oL-glWebLinkIDocView.aspx?id=244307&dbid=0&repo=MeridianC hty G. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancit��org/WebLink/DocView.aspx?id=244320&dbid=0&repo=Meridian C hty Page 25 Page 298 Item#13. IX. FINDINGS A. REZONE (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds rezoning of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts that more diverse housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment would not be detrimental to the public health, safety, or welfare. Council considered oral or written testimony that was provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city This property is already within the City. B. PRELIMINARY PLAT(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the comprehensive plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. Page 26 Page 299 Item#13. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public,financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The Farr Lateral parallels the eastern property line, but are not natural features.According to the landscape plan, there are no healthy trees onsite meeting the requirements for preservation. Page 27 Page 300 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: contract Addendum and Purchase Order#22-0233 to Existing IRU with Syringa Networks for Fire Stations 7 and 8 Fiber for the Not-To-Exceed Amount of$500,000.00 and Authorize Procurement Manager to Sign Purchase Order#22-0233 L30l Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: February 15, 2022 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Contract Addendum and Purchase Order#22-0233 to existing IRU with Sryinga Networks for Fire Stations 7 &8 Fiber for the Not-To-Exceed amount of $500,000.00 and authorize Procurement Manager to sign Purchase Order #22-0233. Recommended Council Action: Approval of Contract Amendment and PO #22-0233. Background: The City has a current Master Agreement and IRU and this Addendum is adding the Fiber for Fire Stations 7 & 8. Page 302 Item#14. Purchase Order 2/15/2022 22-0233 Attention: Dave Tiede CITY OF MERIDIAN Billing Attn: Finance 33 Ave 33 EAST BROADWAY AVE. Meridian,Bro IDa Address: 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping City of Meridian Vendor Address: Address: IT Department 33 East Broadway, Ste. 304 SYRINGA NETWORKS, LLC Meridian, ID 83642 12301 W EXPLORER DR BOISE, ID 83713 Shipping Method: Contractor FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 22-0233 FY22 4 Strand Dark Fiber to NW Fire Station 8 each 1.00 125,000.00 125,000.00 22-0233 FY22 4 Strand Dark Fiber to NW Fire Station 8 each 1.00 125,000.00 125,000.00 22-0233 FY22 4 Strand Dark Fiber to SE Fire Station 7 each 1.00 250,000.00 250,000.00 Purchase Order Total: $500,000.00 Purchasing Manager: Special Instructions FY22 Fiber IRU for Fire Stations 7 &8 per Order dated 2/2/22 MSA dated 10/15/13 Approved by Council 2/22/22 Not-to-Exceed $500,00.00 $125,000.00 01-2110-94600, $125,000.00 55-2218-94600, $250,000.00 55-2217-94600 ticket#72144 Page 303 DocuSign Envelope ID:536E3D57-5A39-46E4-9475-5A9E368DBFFB 4W SyrzU-ga Exhibit A ADMINISTRATIVE INFORMATION CONTRACT STATUS ORDER DETAIL l_}New M5A [X]MSA on File U Standard Terms Type:New [^]RFP Terms Existing Circuit ID for Change Order: CUSTOMER INFORMATION Customer Name:City of Meridian Order Contact:Dave Tiede Phone:+1208-489-0496 Ext: E-mail:dtiede@meridiancity+org Tech/Design Contact:Eli Daniel Phone:+1 208-489-0494 Ext: E-mail:edaniel@meridiancity.org Billing Contact:Accounts payable Phone:+1 208-888-4433 Ext: E-mail: Billing Address:33 E.Broadway Ave.Meridian ID,83642 Customer Requested Due Date: Note:Syrr'ngo Networks Point of Demorcation is the copper or fiber port handoff on Syringo Networks'premise equipment, FUSF:Due to direction from USAC,customers of Syringa Networks are required to identify the percentage TOTAL PRICING AND CHARGES of interstate traffic that rides each circuit purchased.The percentage of interstate usage,commonly known as PIU,shall be designated as either:Less than 10%or Greater than 109.Interstate telecommunications traffic includes,but is not limited to;broadband Internet access,wireless telephony,including cellular and Monthly Recurring Charges $500.00 personal communication services(PCs);paging and messaging services;dispatch services;mobile radio services;operator services;access to interexchange service;special access;wide area telecommunication Non-Recurring Charges $500,000.00 services(WATS);subscriber toll-free services;900 services;message telephone services(MTS);telex; telegraph;video services;satellite services;and interconnected VOIP services and are subject to the FUSF Surcharge.Please review the services and percentages listed on the attached Addendum.By signing below customer warrants that the FUSF PI selected far each service is correct. Customer hereby makes this Service Order as more particularly set forth on the attached Addendum,pursuant to the Syringa Networks standard Terms and Conditions set forth in the Master services Agreement by and between the parties.Desired Installation Date is subject to Syringa Networks internal provisioning intervals,which are specific to service type and facility availability.Provisioning interval begins after receipt of all required documentation.Orders will not be considered complete until Customer has provided all required information.Customer is subject to a 30 day disconnect interval upon receipt of disconnect order.Th Contract Term will automatically renew on a man thrto-month basis under Syringa Networks'then-current Standard Terms and Conditions unless one Party provides the other with written notice of its intent not to renew it at least sixty(60)days prior to the end of the initial term or at least thirty(30)days prior to the end of any renewal term.Customer warrants that the individual listed below has full and complete authority to bind Customer.By execution hereof,if Customer has not entered into a Master Services Agreement with Syringa Networks,Customer acknowledges that Customer has read and agrees to abide by the Standard Terms and Conditions set forth at http://www.syringa networks.net/supp art/terms_and_conditions/as amended from time to time.This Exhibit A and the attached Addendumr will be deemed valid and binding upon the Parties upon commencement and acceptance of the Services ordered pursuant hereto,whether or net signed by Syringa Networks. Smin�a�Networks,LLC. Company: City of ridian Docu ign y: Signature: �,bWt, Signature: C 1 ,--dreg g Lowe'$5°682482... Robert �-.�imison, Mayor Printed Name: Car Printed Name: Title: CEO Title: Mayor Date: 3/2/2022 Date: 2-22-2022 ("Effective Date"for Orders under Standard Terms and Conditions) 1 of 2 Account Executive:Jeff Morris on 2/212022 Customer Initials Item#14. 4P za. Addendum to Exhibit A NIA CARRIER CUSTOMERS ONLY SYRINGA NETWORKS USE ONLY CIC/OCN Code: Related Order(s): [_] FOC Requested [_] DLR Requested [_] LOA Requested Form Completed By:Jeff Morris EMARKS: PLEASE VIDE A NA ATIVE DESCR TION OF THE SE VICE O ERED New fiber build's for City of Meridian's 2 new fire stations. These two (2) new locations are dark fiber additions to the already existing City of Meridian and Syringa Networks Master Services Agreement(MSA) and IRU on file. These new additions will co-term with the remaining months per original contract. 50% of the construction costs (NRC)will be required upfront prior to the project start, and the remainder of the construction costs will be paid at completion of the project. SERVICES ORDERED BY THE CUSTOMER THAT SYRINGA NETWORKS WILL SUPPLY SERVICE FUSF Service Description TERM LOCATION A LOCATION Z PIU TOTAL MRC TOTAL NRC 4 Strand Dark Fiber 11 Year IRU 132 2401 S TEN MILE RD MERIDIAN,ID, N/A MERIDIAN,ID,83642 <10% $250.00 $250,000.00 83642 43.642871,-116.483502 4 Strand Dark Fiber 11 Year IRU 132 1435 W OVERLAND RD MERIDIAN, N/A MERIDIAN,ID,83642 <10% $250.00 $250,000.00 ID,83642 43.546021,-116.365003 Totals: $500.00 $500,000.00 2 of 2 Account Executive:Jeff Morris n 2/2/2022 Customer Initials Page 305 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2022 January Financial Report Page 306 Item#15. CITY of MERIDIAN FINANCE REPORT January 2022 - FY22 Report PAGE # Investment Graphs 2 Fund Balance 3 NOW 1 ITII. FF F .11 imnu_n_ninnuuuaie unnTuiuin�n�� nnnm Page 307 F:\Reporting\Monthly Reports\FY2022\FY22-4 Jan Council Report 1 of 3 Item#15. FINANCE REPORT ( E IDIAN�-- January 2022 - FY22 >AHO City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.29% CASH 0.00% FIB ■FIB MoneyMarket$1,648,584 ■Cash $14,889,489 MONEYMARKET 0 0."% ■Idaho Bond Fund$71,702,670 ■Idaho State Pool$135,781,639 City of Meridian Interest/Investment Income City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $900,000 $140,000,000 $800,000 $700,000 $120,000,000 $600,000 $100,000,000 $500,000 $80,000,000 $400,000 $300,000 $60,000,000 $200,000 $40,000,000 $100,0$0 $20,000,000 0 General Enterprise General Fund Enterprise Fund ■TotalBudget ■Actual YTD 0FY22 0FY21 Page 308 F:\Reporting\Monthly Reports\FY2022\FY22-4 Jan Council Report 2 of 3 is Item#15. Ci�E IDI� IAN--- FINANCE REPORT t oa H o January 2022- FY22 J GENERAL FUND BALANCE ALLOCATIONS M0,000,000 $100,000,000 $80,000,000 360,000,000 $M,000,000 $20.000.000 $ 9/30/2015 9/30/2016 9/30/2017 9/30/2013 9f39/2019 9130f2020 9/30/2021 Nonspendable ■Restlicted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,00,1000 $W.000,000 $70,000,000 $60,000,000 $50,000,000 $a ma000 $30,00,1000 $20M,,000 $10,00,1000 ... ............ $ 9/30/2015 9/30f2016 9f30f2017 9/30/2018 9f30f2019 9f30f2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves Page 309 F:\Reporting\Monthly Reports\FY2022\FY22-4 San Council Report 3 of 3 re Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 22-2314: A Resolution of the Mayor and City Council of the City of Meridian to Amend the Future Land Use Map of the 2019 Comprehensive Plan for 2.10 Acres Known as Woodcrest Townhomes, Generally Located at 1289 N. Hickory Way, in the SE of Section 5, Township 3 North, Range 1 East, Meridian, Idaho; and Providing an Effective Date Page 310 RESOLUTION NO. 22-2314 CITY OF MERIDIAN BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2019 COMPREHENSIVE PLAN FOR 2.10 ACRES KNOWN AS WOODCREST TOWNHOMES GENERALLY LOCATED ON AT 1289 N. HICKORY WAY, IN THE SE 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST,MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS,the City of Meridian Comprehensive Plan was adopted in December in 2019 as resolution 19-2179; and WHEREAS,the Mayor and Council have deemed it appropriate to amend the future land use map of the 2019 Comprehensive Plan for approximately 2.10 acres of land from Commercial to Medium-High Density Residential known as Woodcrest Townhomes. Said land is generally located at 1789 N.Hickory Way, in the SE'/4 of Section 5,Township 3 North,Range 1 East,Meridian,Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Future Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. COMPREHENSIVE PLAN AMENDMENT-MAP—WOODCREST TOWNHOMES—H-2021-0015 Page 1 of 2 ADOPTED by the City Council of the City of Meridian, Idaho, this 22 day of February 1 2022 APPROVED by the Mayor of the City of Meridian, Idaho, this 22 day of February , 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk COMPREHENSIVE PLAN AMENDMENT-MAP—WOODCREST TOWNHOMES—H-2021-0015 Page 2 of 2 Exhibit A Item#16. A. Future Land Use Map—Adopted& Proposed Land Uses Date 612 812 02 1 Adopted Land Uses F 500 1,000 Feet I I I I 1 1It ILE — ---- are Medium.Density 'Residential' qu MU-RG Legend `TMISAP boundary Commercial Low Density Residential Medium Density Residential Med-High Density Residential _ - High Density Residential -Commercial I C - Office - Industrial General Industrial / civic Proposed Land Uses 0 Old Town ■e Mixed Use Neighborhood l a a y Mixed Use Community _ Mixed Use Regional _ ar _ Mixed Use Non-Residential ® Mixed Use-Interchange Medium Density IResidential` Low Density Employment -1—L_ —� scot - High Density Employment 0 Mixed Employment MU-RG J MU-Res Med-High MU-Com Density Lifestyle Center Residential ammercial MU-C General Industrial Woodcrest Townhomes H-2021-0015 Page 313 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 22-2316: A Resolution Adopting New Fees of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Page 314 CITY OF MERIDIAN RESOLUTION NO. 22-2316 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on February 6, 2022 and February 13, 2022, according to the requirements of Idaho Code section 63-1311A, on February 15, 2022 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the fees set forth in Exhibit A hereto are hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. 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 22 day of Feb.2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 22 day of Feb. 2022. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF GOLF COURSE FEES PAGE I OF 2 Item#17. EXHIBIT A Lakeview Golf Course—Green Fees New Fee Weekday— 18 holes $34.00 Weekday—9 holes $24.00 Weekday Senior— 18 holes $28.00 Weekday Senior—9 holes $20.50 Weekday Junior— 18 holes $14.00 Weekday Junior—9 holes $9.00 Weekend— 18 holes $39.00 Weekend—9 holes $29.00 Weekend Junior— 18 holes $16.00 Weekend Junior—9 holes $11.00 Twilight $29.00 Winter— 18 holes $29.00 Winter—9 holes $21.00 Cart— 18 holes $16.00 Cart—9 holes $11.00 Cart Trail $13.00 Range Token $6.00 Lakeview Golf Course—Golf Pass Fees Single—Unlimited $1,749.00 Single—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,249.00 Couple—Unlimited $2,699.00 Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,049.00 Senior/Military—Unlimited $1,649.00 Senior/Military—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,149.00 Senior Couple—Unlimited $2,599.00 Senior Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,949.00 '/z price $529.00 Junior—add on $299.00 Private Cart Trail Pass $580.00 ADOPTION OF GOLF COURSE FEES PAGE 2 OF page 316 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: West Ada School District Development Letter Changes Page 317 Item#18. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL From: Miranda Carson, Coordination Planner Meeting Date: January 3, 2022 Topic: West Ada School District Development Letter Changes Recently West Ada School District (WASD) has been using a new format to make comments on development applications. I have met with WASD staff, read the explanation letter sent by Dr. Bub, and analyzed a few of the new letters. There are positives to the new letter format and some concerns with the new methodology to determine student generation rates. I appreciate the expanded explanation in some letters regarding which schools are at or nearing max capacity. To my understanding this considers program capacity whereas the quantitative data in the table focuses more on the building capacity. Program capacity is a better indicator when determining if a school can handle increased enrollment. The new letter format where applicable includes a list of options for increasing or balancing enrollment at schools that may exceed capacity. Dependent on particular schools and areas Council may see mention of portables, bussing opportunities, education program site changes, etc. These again are a beneficial qualitative data piece WASD and the City will want to consider when evaluating the impact, a development could have on enrollment. Council may consider requesting future site plans for schools be added either to the letter or in the form of an annual/bi-annual update from WASD.This would shed light on where more capacity may be generated next. My concern with the letter is not with the format,but rather with the new methodology to determine student generation rates (SGR). For certain larger projects the SGR will now be analyzed for specific areas and based on like current developments. My concern lies with how that the determination is being made. Data analysis can be done in many ways; however, reliance and accuracy are stronger when objective criteria are used. From my understanding the SGRs are being determined based on a subjective evaluation of a proposed development's likeness to 1 or more current developments. The surrounding area relative to a proposed development is also being evaluated on a subjective basis rather than any specific drive-out or straight-line radius. Determining SGR specific to smaller subareas is a warranted next step, and I applaud WASD for beginning that analysis. I think the current subjective approach could be refined, and should be before applying this to development comment letters. Lastly, in regards to any recent letters: should Council be presented with additional resources (be it from me or a citizen), I would suggest Council rely first on the WASD letter in the Citizen's Access Portal for the most up to date information.While the discussion of statistical methodologies can and will continue,WASD is ultimately the agency responsible for producing these analyses. Please let me know if you have any questions. Page 318 Item#18. Introduction: This document is designed to provide some context for the data the district utilizes when it prepares the development letters, as well as provide some additional information on each of the different components contained within the letter and the data behind each of those components. The District has made a concerted effort to thoroughly analyze its student data and how the developments being proposed will impact both current and future district enrollment. Enrollment data: Current enrollment data has been analyzed on a granular level to identify the number that are being generated by single and multi-family residential units. This analysis is done on square mile blocks of data. Essentially,the District is taking current enrollment data in both single and multi-family housing to project out future enrollment,with the goal of stratifying that data into single family and multi-family data sets so the District can determined future enrollment based on the type of development. From this data,we can then compare it to the type of units in the development application and estimate how many school-aged children we would anticipate from the development when completed and fully occupied. This analysis and review of enrollment is designed to generate what the District references as the Student Generation Rate,which is specific to that square mile. The District feels this specific analysis will allow the District to better ascertain student enrollment as developments come on-line. The enrollment as defined on the document for each school is the current enrollment at that school at the time the letter is written. Please be aware that enrollment changes daily at our schools which can lead to different enrollment numbers throughout the year. Also, larger swings in enrollment often occur at the beginning of the school year(August/September) as well as after the holiday break(early January). Schools identified: The schools identified in the letter are the traditional schools that students living in this proposed development would currently attend as well as any available schools of choice options. Please remember, Schools of Choice are mostly at the elementary level (with the exception of Galileo in Eagle) and these are lottery schools that students must apply for and be accepted into. Schools of Choice have boundaries that are much larger than traditional schools so students attending Schools of Choice may or may not be in the geographic area affected by the development. Also,this identification of seats in the Schools of Choice does not ensure students in the geographic area affected by the development will be accepted into those schools. Parents interested in having their students attend a school of choice should reach out to those schools directly to enquire as to how to apply for the School of Choice lottery. Capacity: Capacity is the fixed building capacity number without consideration of the programs contained in the school.This capacity is the capacity as defined by the architect at the completion of the facility construction process. The District offers programs within each building (GT, ELL, Special Education)that can impact and potentially reduce the building capacity to a lower operating capacity. This operating capacity, as you would anticipate, can change from year to year based on the makeup of student enrollment within a building. The operating capacity is not taken into account when preparing Page 319 Item#18. development letters as the future impacts of programs on operating capacity cannot be ascertain at this time. Developments: The Approved lots per attendance area and Approved multi-family(MF) units per attendance area comes from an analysis the district staff has done to track each development application within the particular schools attendance area.This number will change for each letter depending on additional approved developments and the completion of developments. Projected Students from Approved Developments is an analysis of what the average student generation rate is for the attendance area for each school,taking into account the student grade level and the number of approved developments in that attendance area. Analysis: Based on the analysis done by staff to determine number of seats available at the school's absolute full utilization (Capacity)with the current programs they have and the number of students estimated from the already approved lots, information will be provided to identify student enrollment for the schools identified when the developments have been completed and are occupied. Other Information: Additional information might be given to identify what options the district will or may use to meet the needs of students if the schools reach an enrollment level that could impact instruction.This is meant to inform the city, developer, and residents of the additional options the District has to accommodate the growth as well as the potential impact on District resources that may be needed to accommodate said growth. Lastly, many developers work with the district to provide resources that will benefit the future residents and students. We feel it is important to acknowledge and inform the councils of these resources should they exist or be provided by developers. Other information the district feels important in consideration of the development, the area or the school may also be added to provide all parties with information to help make decisions that benefit the community. Assumptions• The letter provided to the City of Meridian contains numerous assumptions embedded within it. As stated earlier in the document, enrollment is an ever-changing number for the District and changes in enrollment could affect the available options for the District. Additionally,these letters do not take into account any potential boundary changes the district may undertake as the impact of those cannot be identified at the time of this letter. The letter also assumes that developments have a standard timeline for rollout and completion of between four and seven years. All data provided by the District is valid as of the point in time for which the letter is written. Please be aware that data components can and will change throughout the year. Lastly,the analysis performed by District staff, as discussed in the enrollment section, assumes that previous and current data are a good predictor of future results. The student generation rate being calculated assumes that future projections align with current enrollment results and student population. Page 320 Item#18. The District wants to thank the City of Meridian staff for their support as we all continue to work through increases in student enrollment and the impact that continued development has on our student population. Page 321 City Council Workshop Development Letters and Analysis Notes from the Joint Meeting of Meridian City Council and WASD Board Understand the school situation and not just the projected student number•Confidence in the ability to make the right decisions•Proactively managing student enrollment•Different SGR across the other cities•Analyze other factors: region, cost of housing, owner occupied vs rented •year to determine if the SGR is accurateWe will continue to refine the Student Generation Rate (SGR). Analyze each •May 13, 2021–of Trustees What this presentation will include Next Steps for West Ada•youDiscussion about how we use this data and how we share this data with •variables with themVisit about what are the items we project, how we project them, what are the •Projections and variables•Attendance areas•Grids of homes•# of students in homes•family residences-Single and multi•Preliminary plats•Discussion about West Ada data• What this presentation will not include optionscontinued evaluation of our toolkit of –•Guarantees of what our next steps will be•We are still learning, still analyzing, still growing with our data•Guarantees on number of students•Guarantees•it is being worked on–Plan is ongoing •A facility plan• Learning Outcomes Identify ways we can work together more•Demographic study•Facility plan•Become aware of timelines and process•is compilingGain an understanding and a comfort level of the data that West Ada • How do we analyze? Question:West Ada School District of a large school district?etcstudent households, growth, developments, How do you analyze the To easily track data, we West Ada School District tracking.for more consistent some cases, the blocks square mile blocks. In grid consisting of approx. •What does WASD track?School Attendance Areas•Parcels of land•Student Household Location•New Residential Development New Residential Developments stage of the development processthe land has been separated into individual lots, indicating the final District staff updates Ada County Assessor data quarterly to show when 5.Final Platthe A second transmittal is received, city council meeting held to approve 4.was approvedPreliminary Platthe City Council and Planning and Zoning meetings are followed to know if 3.Transmittal contains number of lots in the preliminary plat and the hearing date•development applicationpendingCity planners send a transmittal of a 2.meetingsapplication-preDi strict staff is notified of and often attends 1. •ArcGIS Map for Tracking as status process, referred to in the development tracked by the stage Each development is •applicationdescription on the according to the drawn on the map Each development is •Developments Status 3 yearsEstimated completion approx. •identified by AssessorParcels have been “Develop” •4 yearsEstimated completion approx. •Approval of Final Plat•5 yearsEstimated completion approx. •Approval of Prelim Plats•lettersNot counted in development •7 yearsEstimated completion approx. •Pending applications•Not used for calculations•Identified for planning•applicatio ns Pre Student Household Location Red dot = Student•address data to the mapGeocoding links the •Geocode the StudentsPowerSchool to student addresses from District staff uses the • Parcels of Land residential, commercial, farm, etc.This is used to identify if a parcel is •such as property typeData also includes other useful info •It is updated quarterly•directly from the county assessorParcel data used by WASD comes •county assessorproperty as identified by the A Parcel is one piece of real • School Attendance Areas schoolsAttendance areas may change to balance enrollment in •an attendance area and the School Board approves itA committee of parents and community members propose •Each attendance area differs from another•This identifies the school the student will likely attend•Each traditional school has an attendance area• Data CollectedData Organized How is the data organized?spredsheetsThe data is recorded and maintained in •labelby their Grid areas lay within and can be identified subdivisions and even attendance Developments, students, parcels, 3.labelEach data set is organized by this 2.corresponding Row and Numberby its labeledEach Grid block is 1. This spreadsheet contains:Developments the status•the approving agency •housing developmentfamily -whether it is a multi•the number of units•what block it is in•each development• Reminder:in another spreadsheet7Bin one spreadsheet corresponds to 7BThe lots are then consolidated by grid block according to their status Developments The district uses this timeline as a guide to project the completion of the developments: This spreadsheet shows Single Family Dwelling Units Developments on the gridrelation to their location dwelling units in family -future singleand calculates the Multi Family Dwelling Units-Multi Developments approvalCUP (Conditional Use Permit) with an additional row added for developments are also tracked family housing - This spreadsheet shows Student Household Information down by grade levelThey are also broken on the gridrelation to their location each student counted in •Parcels of Land homes family detached and attached -singleNote: we are not distinguishing between are also researchedfamily units Number of multi•the gridrelation to its location on each residential parcel in This spreadsheet shows •Attendance Areas may go through a blockAttendance area lines •area for a schoolappropriate attendance used to determine an The data in each block is •group of blocksalso be identified by a Each attendance area can Data CollectedData AnalyzedData Organized •Project Future EnrollmentGeneration RateCalculate Student How is data analyzed?School Attendance Areas•Parcels of land•Student Household Location•New Residential Development •Calculating Student Generation Rate Identified per block on the map•Number of students at each school level•Total number of students•Total Residential parcels•SGR (Student Generation Rate)•householdstudents generated per actualNumber of Student Generation Rates using actual data A SGR has also been calculated using the taxable value of the parcel MultiCalculating Student Generation Rate using actual data Identified per block on the map•Number of students at each school level•Total number of students•Total Units per block•SGR (Student Generation Rate)•family unit-multiNumber of actual students generated per •Family housing- Mary McPherson’s attendance area is red and consists of Blocks 12C Calculating Student Generation Rate using actual data Student Generation Rate The data can be used to determine elementary, middle and high school •an average of each block that makes up the attendance area. The average SGR in the Mary McPherson attendance area is .49. This is •H-G, 14F-13DG, - •Project Future EnrollmentGeneration RateCalculate Student How is data analyzed?School Attendance Areas•Parcels of land•Student Household Location•New Residential Development 1.Mary McPherson Elementary Projecting Future Enrollment H-G, 14F-G, 13D-red and consists of Blocks 12CMary McPherson’s attendance area is and the data corresponding to itLet’s look at an attendance area If there are two attendance areas in one block, the attendance area2. Calculate the single and multi family units in Projecting Future Enrollment are subtracted 3. Here is the district’s breakdown of the developments in Projecting Future Enrollment This shows the result of the calculations on the previous slides•the Mary McPherson Elementary attendance area Data CollectedData SharedData AnalyzedData Organized Students Generated Student Generation Rate Grid 13I Residential ParcelSGR = .64 Students per •974 Students•1526 Residential Parcels• Multi Family Average SGR is .51 •SGR = .82•12H = 28 apt/23 students•SGR = .2•12G = 220 apt/44 students•have multi familyGrids 12G and 12H both •compare in Grid 13IThere is no multi family to • •DEVELOPMENT ANALYSIS Total school aged children projected from Centerville Sub = 138•16 Multi Family units X .51 SGR = 8•203 Single Family units X .64 SGR = 130 School Information Projected Students from Approved Developments is explained in the next slides.an analysis explained in previous slides.family (MF) per attendance area comes from -The Approved lots per attendance area and Approved multischool. Capacity is the fixed building capacity number without consideration of the programs contained in the The enrollment is the current enrollment at that school at the time the letter is written. PROJECTED STUDENTS FROM attendance area.account the student grade level and the number of approved developments in that student generation rate is for the attendance area for each school, taking into Projected Students from Approved Developments is an analysis of what the average APPROVED DEVELOPMENTS •APPROVED DEVELOPMENTSPROJECTED STUDENTS FROM Elementary Student SGR = .26•Hillsdale Attendance Area •APPROVED DEVELOPMENTSPROJECTED STUDENTS FROM Middle School Student SGR = .11•Lake Hazel Middle Attendance Area •APPROVED DEVELOPMENTSPROJECTED STUDENTS FROM High School Student SGR = .16•Mountain View Attendance Area School Information Mountain View: 2701 X .16 SGR = 432 future high school studentsLake Hazel: 1226 X .11 SGR = 135 future middle school studentsHillsdale: 1345 lots X .26 SGR = 350 future elementary studentsprojected future students:The SGR is applied to the number of approved lots to determine the IMPACT ON SCHOOLS and are occupiedon the schools identified in the letter when the developments have been completed nformation will be provided to identify what impact approved developments will have Ito the schooleducational space, mitigation factors already being used and other variables pertinent of choice, the grade level sizes, the programs in the school, the utilization of all depth capacity analysis is a review of both the traditional school and the schools -This in TOOLS IN TOOLKIT This may look different for different schoolsstudentsWhat options the district may need to implement to meet the needs of  Questions or Comments