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2022-03-15 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 15, 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 ABSENT Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the March 1, 2022 City Council Work Session 2. Approve Minutes of the March 1, 2022 City Council Regular Meeting 3. Artemisia Subdivision Sanitary Sewer and Water Main Easement 4. Quartet Northeast Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 5. TM Crossing Lot 15 Partial Release of Water Main Easement 6. TM Crossing Lot 16 Partial Release of Water Main Easement 7. Final Order for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 8. Findings of Fact, Conclusions of Law for Healthy Living Condominiums (SHP-2022- 0001) by KM Engineering, LLP, Located at 5155 S. Hillsdale Ave. 9. Development Agreement (H-2021-0065 Aviator Springs) Between the City of Meridian and Acclima, Inc. for Property Located at 3235 N. McDermott Rd. 10. Development Agreement (H-2021-0075 - Rackham East Subdivision) Between the City of Meridian and BVA Rolling Hills No. 1 (Owner) and Brighton Development, Inc. (Developer) for Property Located on the South Side of I-84, 1/4 Mile East of S. Eagle Rd. 11. Agreement Between the City of Meridian and Meridian Youth Baseball (MYB) for Priority Use of Sports Facilities for the 2022 Season 12. Sole Source Purchase of Andritz Centrifuge Equipment and Related Software and Associated Replacement Parts Through Andritz Separation, Inc. 13. Parks and Recreation Department: Meridian Community Pool Fees ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 14. Solid Waste Advisory Commission Annual Update 15. Police Department: Request to Transition the Part-Time Anti-Drug Coordinator Position to a Full-Time Position Vacated 16. Mayor's Office: Discussion to Plan Use of Federal American Rescue Plan Act (ARPA) Funds Adopted Motion to adopt phase one projects made by Councilwoman Strader, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun ADJOURNMENT 5:24 pm Meridian City Council Work Session March 15, 2022. A Meeting of the Meridian City Council was called to order at 4:33 p.m., Tuesday, March 15, 2022, by President Brad Hoaglun. Members Present: Brad Hoaglun, Joe Borton, Treg Bernt, Jessica Perreault and Liz Strader. Members Absent: Robert Simison and Luke Cavener. Also present: Chris Johnson, Bill Nary, Dave Miles, Mark Ford, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener Mayor Robert E. Simison Hoaglun: Good afternoon, everybody. Welcome to our City Council Work Session. For the record I would like to call this meeting to order and today's date is March 15th at 4:33 p.m. and the first order of business will be roll call. ADOPTION OF AGENDA Hoaglun: All right. Next order of business is the adoption of the agenda -- of the agenda. Councilman Bernt. Bernt: Mr. President, I would like to make a motion to adopt the agenda, striking -- Item No. 15 will be pulled. Replace the item on 3/22. With that change I move that we adopt the agenda as amended. Strader: Second. Hoaglun: I have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all those say aye. Any opposed? The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 1, 2022 City Council Work Session 2. Approve Minutes of the March 1, 2022 City Council Regular Meeting Meridian City Council Work Session March 15,2022 Page 2 of 18 3. Artemisia Subdivision Sanitary Sewer and Water Main Easement 4. Quartet Northeast Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 5. TM Crossing Lot 15 Partial Release of Water Main Easement 6. TM Crossing Lot 16 Partial Release of Water Main Easement 7. Final Order for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 8. Findings of Fact, Conclusions of Law for Healthy Living Condominiums (SHP-2022-0001) by KM Engineering, LLP, Located at 5155 S. Hillsdale Ave. 9. Development Agreement (H-2021-0065 Aviator Springs) Between the City of Meridian and Acclima, Inc. for Property Located at 3235 N. McDermott Rd. 10. Development Agreement (H-2021-0075 - Rackham East Subdivision) Between the City of Meridian and BVA Rolling Hills No. 1 (Owner) and Brighton Development, Inc. (Developer) for Property Located on the South Side of 1-84, 1/4 Mile East of S. Eagle Rd. 11. Agreement Between the City of Meridian and Meridian Youth Baseball (MYB) for Priority Use of Sports Facilities for the 2022 Season 12. Sole Source Purchase of Andritz Centrifuge Equipment and Related Software and Associated Replacement Parts Through Andritz Separation, Inc. 13. Parks and Recreation Department: Meridian Community Pool Fees Hoaglun: All right. Next item is the Consent Agenda. Bernt: Mr. President? Simison: Councilman Bernt. Bernt: I would like to move that -- to approve the Consent Agenda, for the Council President to sign and for the Clerk to attest. Strader: Second. Meridian City Council Work Session March 15,2022 Page 3 of 18 Hoaglun: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, all those in favor signify by saying aye. Any opposed? And that was all ayes. Consent Agenda is approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Hoaglun: No items were removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 14. Solid Waste Advisory Commission Annual Update Hoaglun: So, the next item is Department and Commission Reports. Up first we will hear from our Solid Waste Advisory Commission and their annual update and, Steve, you can take us away. Cory: Thank you, Mr. President, Members of Council. I am Steve Cory, chairman of the Solid Waste Advisory Commission. I'm here representing the commission to report on our 2021 activities. I bring you their best wishes and the commission has appreciated being at full staff this year. Commissioner Meg Larsen served as vice-chair. Isabel Kau completed two years of stellar service as a youth commissioner and we are pleased to welcome Kayleigh Philippi as the current youth commissioner, who is in attendance. One of our primary responsibilities is the community recycling fund program. The fund had an initial balance this year of just under 39,000 dollars. Revenues this last year were just over 13,500 dollars from the Hand-In-Hand We Recycle Program. This year there was one expenditure of 16 -- 133 dollars for a squishy water bottle pilot program. The ending balance for the year is 50,641 dollars. Other 20 -- calendar year '21 activities included Trash Or Treasure, Recycle A Bicycle, participation in the Ada County Solid Waste Advisory committee and participation in the Ada County Hazardous -- Household Hazardous Waste quarterly meetings. I want to highlight SWAC's continuing work to develop a solid waste plan for the city. SWAC worked with the city staff to finalize the goals and expectations for the plan and SWAC looks forward to staff presenting the plan to us and the opportunity to provide advice and consultation to finalize and implement a plan. SWAC also conducted its other primary responsibility, the review of the FY-22 annual solid waste rate adjustment. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment, a fee to cover a significant spike in labor costs and the continuance of sharing recycled processing costs as set forth in a separate contract amendment. Amongst others, SWAC received presentations on contamination issues at the recycling containers at the transfer station. The squishy water bottle pilot program reports and discussion about collection of glass over in the city of Eagle and they just mentioned FY-22 proposed solid waste rates. Upcoming commission business includes furthering improvements in the recycling efforts and promoting Meridian Trash Or Treasure, Hand-In-Hand, and the Recycle A Bicycle program. Monitoring yard composting market trends and construction demolition waste Meridian City Council Work Session Item#1. March 15,2022 Page 4 of 18 diversion efforts and a continued focus on reducing contamination of recycle streams. Continuing participation in the Ada County Solid Waste Advisory Committee. Continued participation in the Ada County Household Hazardous Waste Program meetings and continued expansion of education outreach to decrease contamination in the commingled residential recycled streams, with emphasis on new residents and including youth. In conclusion, SWAC was active despite COVID. Our commitment is steadfast to work in partnership with staff and Republic Services, to identify and recommend to you improved physically sound -- fiscally sound trash and recycling services and programs for the benefit of Meridian residents and commercial customers and with that I would certainly like questions about what's in the report. Hoaglun: Great. Thank you, Steve. Questions for Steve? Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: Hi, Steve. Thank you for being here. Curious if you could share more about what you have learned with monitoring the yard composting market trends. I know that Boise offers that and I'm -- I'm curious what Meridian residents have had to say or if you have done any kind of outreach on that regard. Cory: Well, our -- our primary indicator on that is the subscription process that we have got that individuals can go ahead and pay for curbside pick up and it's held steady, but we have at this point -- find my -- 170 subscribers. That's up from 134 last year, but understanding at this point we have about 40,000 active household accounts, so we are looking for more interest before we go somewhere. As far as what's going on within the valley, the big inclusion was the Boise City's composting program over there and, of course, that one was a mandatory program where everyone was participating and it's suffered on one side having more material than they could handle and they have had to go through a major expansion over there, but they have been consuming all of their capacity to go ahead and treat material and, then, also with the produced material they have also had that oversubscribed as far as people wanting compost for their home use. So, we are basically just kind of watching to see if there is a -- kind of a change in economics or a change in consumer interest and more people wanting to get involved and, hopefully, that's useful. Perreault: Thank you. Mr. President, I have a follow-up question. Hoaglun: Go ahead, Council Woman Perreault. Perreault: Thank you. In your report you had mentioned that that was for curbside grass pick up. So, I didn't know if you were tying that in with composting or if that was something that was separate. Is that the same -- I guess I think of composting as like products from your home that you are, you know, allowing to -- Page 8 Meridian City Council Work Session Item#1. March 15,2022 Page 5 of 18 Cory: Yes, that is, essentially, the same program. Two names for the same thing. The program within the City of Meridian has only allowed receipt of -- of grass and leaves in the fall, but it hasn't been expanded to any type of material for composting at this time. Strader: Mr. President? Hoaglun: Yes, Council Woman Strader. Strader: It's great to see you, Chairman Cory, and I guess I just have two questions along the same lines, maybe more of a comment, that I think it would be great to see a pilot program around composting just to see the interest. I know Republic looked at it. We looked at it. Timing wasn't quite ready. But it would be great -- and I guess I was curious if you guys would be addressing potential composting plans in your upcoming solid waste plan and what the latest timing is on just generally what we are thinking about receiving in the plan. Cory: Council Woman, thank you for that question. Mr. President. Yes, the -- the waste plan will go ahead and take a look at the waste that's generated by our -- our citizens and discuss each of the different categories of it. I'm appreciative of our staff support. Sayard Schultz is going to be responsible for drafting that plan and I -- with that, basically, we are always encouraging people to go ahead and, you know, approach us if they have got something that they could perhaps do. Certainly I would kind of give that background information that I did to indicate we probably shouldn't be looking at being able to attach to Boise, because I don't believe they are ever going to have capacity to take our material, but something that -- obviously throwing in that piece of information, while the landfill, when it was developed up at Hidden Hollow, was supposed to last a hundred years, it's already reduced down to about 60 to 70 years and so what's always on our mind to go ahead and look at streams that could be diverted to go ahead and extend that, so that our kids or grandkids are not having to pay for a new landfill, because that creation of a new landfill is a pretty significant cost and a pretty significant tax burden. Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: I guess just one quick follow-up just time -- timing -- if we know. Maybe we don't know yet. But timing of the solid waste plan or the report that you guys are working on, I know there is a city solid waste plan that staff is working on. I was just curious about the timing when we might see that. And, then, I just wanted to pay you a compliment. My absolute favorite committee-commission that I have ever been on and I think your work is really important and I appreciate everybody's dedication. Cory: Thank you so much. Hey, Sayard, do you feel comfortable at this point projecting a time for that report or is that -- is it still a little early for the plan? Hoaglun: All right. Go ahead and state your name for the record. Page 9 Meridian City Council Work Session Item#1. March 15,2022 Page 6 of 18 Schultz: Sayard Schultz, solid waste coordinator. We are working on the -- the city staff are working on an outline right now, so I'm hoping to get that done around September and, then, submit it to SWAC for any advice that they would want to include comments. Hoaglun: Council Woman Strader, do you have a follow up? Strader: Just wanted to make sure I heard. Was it September? Schultz: Yes. Strader: Okay. Got it. Thanks. Schultz: Yes. Hoaglun: Thank you. Steve, I have a question. You mentioned recycling and kind of curious as to -- I mean it's -- it's hard to predict the future, but what are the recycling markets doing, what does it look like they might do, and you also mentioned contaminations and can you tell us a little bit more what's going on with contamination in recycling and what the problem is and what -- what the plans are to work on that. Cory: First on the markets, we actually started to see some recovery this year. Obviously, there has been a lot of struggles in the -- in the past few years with China changing what they wanted to go ahead and take and what they wanted to do and -- and just trying to create domestic markets and such and through the fiscal year -- at the end of the fiscal year we were almost at the -- you know, we were very much approaching where the additional cost was zeroing out, but in the last quarter it's kind of softened again a little bit. But, hopefully, we are going to be able to start seeing some recovery in that market and the particular situation we had this year was Republic Services has been very supportive in creating a number of containers out at the transfer station, which is very helpful to our apartment residents and similar that don't have curbside recycling and, of course, it allows for a drop-off process for any resident that might have a lot more recycling than what they can fit in their cart and for a while there seemed to be a bit of a problem on what was going into the bins. There were a few loads that were problems and Republic volunteered -- came up with us, told us about the problem and went ahead and identified that they were going to improve the signage around the -- the bins and it actually was very helpful. It seemed to clear up the problem immediately. So, that was one particular problem. I think in all of our cases we tend to go ahead and see five -- five or ten percent contamination in the -- in the streams and with where Western goes for customers for our material, that's acceptable. But if we were able to go ahead and reduce that to four or three percent contamination or something like that, we can go for more elite manufacturing facilities that would pay us more for our materials. So, unfortunately, the goal is zero and we always strive to get to zero, but there is always more work to be done. Hoaglun: Okay. Thank you, Steve. Appreciate that. Any other questions? If not, great. Thank you, Steve, and -- and the committee members we thank them for their service. We appreciate it very much and -- and they got a big fan in Council Woman Strader. Page 10 Meridian City Council Work Session Item#1. March 15,2022 Page 7 of 18 Cory: Thank you so much. 15. Police Department: Request to Transition the Part-Time Anti-Drug Coordinator Position to a Full-Time Position Hoaglun: We removed Item 15 that I think is going to be heard on March 22nd. 16. Mayor's Office: Discussion to Plan Use of Federal American Rescue Plan Act (ARPA) Funds Hoaglun: So, next up we have from the Mayor's office discussion of the planned use of Federal American Rescue Plan Act funds, also known as ARPA. So, Dave Miles, if you could come up and fill us in. Miles: Good afternoon, Council. So, I would categorize this as ARPA part two or maybe three or four, I forget where we have left off. But we were last back with you -- I think in September. So, we will go through some discussion tonight. Really I think what we want to touch on tonight is ultimately the considerations that we have all talked about at the leadership level since the last time we came and talked to you all about projects, as well as the approach that we are considering as we think about these projects moving forward. I think that's important to touch on. And, then, ultimately try and seek some approval on project recommendations or at least some feedback from you all and go from there. So, I think what's most important I think is sort of the philosophy of these dollars. I know there is a lot of discussion about these are really generational funds. Probably once in a lifetime, maybe once in multigenerational dollars, and whether or not you sit on the fence of the federal government expending these funds or not, I think ultimately for Meridian the biggest component to consider is that whether or not we spend these funds, they have been allocated, and the -- the guidance that we are seeing right now will dictate that if money is unspent it will likely go back to the feds and states and/or other cities and so the money is going to get spent, so how do we as Meridian recommend to spend these funds for the best benefit of the Meridian community is -- is sort of how we have looked at that. Also want to just consider the impact on staff with any of these projects that we undertake. We saw with the small business program as an example, we can do it, we can make it work, but there is an impact on staff and it's a -- it's a bit of a resource draw. There has also been some changes that we will go through and talk about and, then, want to touch on the timelines as well, because it's important to remember with any of these projects there are timelines to these federal funds. So, as the legislature got underway this past session, they rolled out their ARPA suggested funding and their path and I think that a lot of their message resonates across the state, as well as when we are thinking about our projects. I think they laid out a prudent path of consideration of how to consider the funds and, really, it's utilizing these funds for long-term capital projects, not trying to designate funds for ongoing costs, because, again, these are one time funds. So, if we are designating them to ongoing costs we are going to have to turn around and figure out a way to fund those anyway in the future again. Again, the money is on the backs of generations to come, so what are those long-term projects that will not only serve good for today and today's community, but ten, 15, 30, 40 years down the road. Those Page 11 Meridian City Council Work Session Item#1. March 15,2022 Page 8 of 18 are some of the philosophies that we considered as we looked at these projects and ultimately it's about lowering future ongoing operational costs, lowering the long-term tax benefits -- sorry -- the tax liabilities if we can and making those improvements that have as broad an impact as possible. That's some of the thinking that we took as we were moving through this discussion. So, a couple of reminders. Federal program, roughly 350 billion dollars, was allocated. Idaho's portion of that was right around 1.1 billion dollars. That goes to the state and what they called non-entitled units, which was populations less than -- I want to say 50,000. Meridian received a direct infusion directly allocated to Meridian of 12.8 million dollars, a little more than that, and the timelines that are associated with that funding -- again I touched on those earlier. So, we have to allocate funding to any project by December 2024. A little more than two and a half years, if my math is -- I'm thinking that's the right date. And, then, we have to spend those funds by December 2026. So, you know, four and a half years'ish. It sounds like a long time, but when you look at the list of some of these projects they are big projects. They are going to take time. Some of these projects you are looking at a year in design potentially, a good chunk of time to get under contract and, then, two to three years of construction. So, that's why we wanted to come in front of you and -- and try to get some of these projects moving forward. If -- if you are agreeable with them. Next couple of slides I'm not going to spend too long on, because you have got the information in your packet. We have also talked about this before. But, essentially, four main categories that we can spend those funds on and you can see them listed here supporting the COVID pandemic and economic response associated with that. Premium pay. Eligible essential workers. Government services, which is categorized under the revenue loss bucket of money and, then, investing in water, sewer, and broadband. A little bit of details on what those mean. We have talked about those before. So, anything from testing, to nursing care costs, to mitigating, COVID communications -- all those types of things are eligible in the first bucket. Premium pay, exactly like it says here, nursing home staff pay, back pay, things of that nature, which we are not recommending any of that at this point. Providing government services. This is sort of a revenue loss allocation that you have all been informed about and we have talked about in the past and, then, investing in water and sewer and broadband. Those two categories are probably your most open categories is how I would describe them. The revenue loss is basically any government services, how they categorize it. So, very broad, very open, and in the guidance they direct cities and municipalities and agencies to think that this guidance is to be loosely and broadly interpreted -- interpreted. So, a lot of options in that -- in that category. With the clean water and drinking water state revolving funds, as guidance for water, sewer, and broadband projects, those are -- there are two significantly sized documents that have a long list of projects. So, again, feel like there is a lot of flexibility in that category as well. So, the biggest change in the guidance that came out in the final guidance was probably around the revenue loss calculation. So, when we were before you in September last we talked about 4.6 million dollars, more or less, being able to be allocated to revenue loss projects or government services projects. The federal treasury guidance has since come out based on all of the feedback they have received during their interim guidance before they publish final guidance and said that they are offering what they are calling a standard calculation, a standard deduction more or less, to take up to ten million dollars in revenue loss without having to go through any calculation. Cities, agencies, can just say we are Page 12 Meridian City Council Work Session Item#1. March 15,2022 Page 9 of 18 going to take a full ten million dollars of our allocation and set that to revenue loss. So, that is a change that we have seen since the interim guidance. So, that ten million dollars is also inclusive of the total package. So, up to ten million of the 12.8 can be allocated to revenue loss projects. Some other changes -- again, they have expanded sort of a nonexhaustive example list in their guidance to help people understand what projects can be used for and, then, they have streamlined options on how to work through if you are considering premium pay and as well as water, sewer, and broadband options. The broadband guidance has changed. In fact, we got some information late last week or earlier this week that there is ongoing conversations around that, so that's why you will see in the packet that showed up in phase two discussion area as well and so now in your packets you have got Attachments A and B, which jump into the projects and so when we consider these projects we met with the director team, Council Woman Strader, Councilman Borton were part of those discussions, to evaluate what are the buckets of projects we even want to -- think we want to consider. So, we developed that list through multiple conversations, worked through -- you saw on -- I believe it's Attachment A, some of the projects filtered off of the list, but we kept them on there for you to -- to see them. For example, I think we had a discussion about Anderson Dam --Anderson Ranch Dam raise. It's just not going to fit in the timeline of this project. So, right out of the gate we said, well, that probably doesn't work for us, because of the timeline alone, if not the rest of the complexity, just as an example. So, we are recommending phase one projects to move forward at your approval, starting with facility HVAC, it stands for needlepoint bipolar ionization. It's basically improved air filtration in the city facilities. We cover all city facilities to the tune of about 160,000 dollars to make improvements to the HVAC system. This was originally born out of COVID. I think it still applies. If COVID were to come back it keeps improved air quality. In theory it helps us continue to operate our facilities, have people in the building, whether they are customers or employees. That's the thinking behind that one. You got -- COVID testing is on there to consider offering testing to employees. We have got some quotes from the fire department on those types of services through third-party contract services. We also have on there the benefits trust COVID impacts repayment. You saw last week you had a budget amendment in front of you for the trust repayment, of which about 190,000 dollars was related to COVID impacts. This wouldn't necessarily repay the trust or repay the city for those funds, what it would do is allocate this amount of money for the city to expend on projects that that money was going to be used for and that's an important distinction when you get into the federal guidance of how these funds are utilized and it's not that you are repaying a fund or repaying reserves, it's that you are utilizing these funds for projects that you would have otherwise use general fund money for, but we no longer have that. And, then, going down the list we have biosolids drying through the water-sewer projects. Cyber security is a new project that was on the list that is not in our current CFP, but because of the best practices from IT and how you handle SCADAversus city infrastructure, they are currently tied together is my understanding and the best practice recommendation is to pull those apart and treat them on separate server farms, so that--that is new recommendation and you would see that coming from IT in the next few years anyway, because they don't currently have it in the CFP and it is now the -- the best practice. And, then, there is energy efficiency studies, both through the utilities and both -- and with city facilities. We broke it out to bucketize money into water, sewer, broadband and to bucketize other Page 13 Meridian City Council Work Session Item#1. March 15,2022 Page 10 of 18 money into revenue loss and, then, streetlights upgrades are in there as well. Originally Attachment A was at 1.5 million dollars. Through conversations we did lower it to a million dollars as a starting point. A little bit of that is related to just staffing resources and sort of effectiveness of how far can we get, knowing that there is still money leftover in theory, starting with a million dollars felt like a prudent step to say how far can we get, how much can we do, rather than just saying let's just do a million and a half and, then, maybe we can't get there. So, that was the rationale. Total of about 6.8 million dollars worth of projects in that first phase bucket and you can see phase two another six million dollars roughly for the other--what I will call larger projects that I think Council probably warrants a further discussion on, more consideration on. I don't know -- if you are ready to take action on those tonight great, but you can see the Linder Road overpass is something that I know the Mayor supports and we have had several discussions on that. Again, considering its broad impacts to the community. Also considering setting aside a portion of the recommendation of two and a half million dollars to start as just a set aside to say if any of these other projects go over cost or if there are other project ideas that we have or, if, heaven forbid, COVID or some variant of COVID comes back and we need some sort of emergency funding for these funds to cover, that's the intent behind that. We have got the community centers on the list as well. What do we do with that, knowing that there is some funds in the existing CFP. Golf course irrigation, the same discussion, as is the regional park land. This would be for a future park site in northwest Meridian where The Fields District is. Don't know where we stand on that at this point. And, then, broadband is up there as well, because I mentioned there is some continuing discussions occurring, again, throughout the region and the valley about how and what could we do as a regional approach to improve broadband. I know IT under the newest guidance has considered maybe there are some ideas that we could do and I think it's not ripe enough to have a conversation today to say like what, but, for instance, whether it's broadband in the parks or trying to connect fire stations through broadband that we don't currently have, those types of ideas. So, let's -- so, this slide just breaks out into what buckets those phase one projects fit in,just so that you can see the categorization. You have got about 360,365 in the COVID response bucket right now. You have got about 1.1 million in the revenue loss bucket and about 5.3 in the water, sewer, broadband bucket of what we are proposing for today. And what does that leave? I touched on this a little bit. We would propose to leave -- that would leave two and a half million in sort of reserves for future discussion. You have got -- in the revenue loss bucket you have got Linder Road overpass, community center, regional park and, then, through water, sewer, and broadband you have got a broadband project -- again cost to be determined. And, then, you have got golf course irrigation and I think it does fit in that bucket appropriately if you consider the state drinking water state revolving fund guidance. A lot a in this -- in this guidance. So, again, we are recommending roughly 6.8 million for those phase one projects, either all or a piece or part. We can have that discussion. Knowing that that would leave about six million dollars for future discussions on the phase two projects, future discussions. Maybe a full body input, because I know there is several members that are not here, along with setting aside some funds for things that we just may not know yet and I think that's -- that's the entirety of the presentation. Knowing that -- I did want to add one thing. Through any of these approvals that you give tonight, obviously, any project by itself would have to come back for a budget amendment to allocate the funds, so you would have a Page 14 Meridian City Council Work Session Item#1. March 15,2022 Page 11 of 18 further conversation on each individual project as they come back to you. So, I think with that I will stand for any questions and -- Hoaglun: Thank you, Dave. So, to that point -- so, basically, for phase one list it would be just kind of a blanket approval, as you -- and, then, they would come back as you mentioned and actual allocate and have questions and make sure everything -- all the details are taken care of; correct? Miles: Yes. That's correct, Council President. Hoaglun: Okay. Any -- any questions for Dave? Perreault: Mr. President? Simison: Yes, Council Woman Perreault. Perreault: Thank you. I have three questions for you, Dave. Try to do it succinctly. Can you share about --just sort of big picture some of the reasons why some of the items are in phase one versus phase two, as far as timing goes? So, some -- in phase two we have some projects that are already in the process, but in phase one there are items that, you know, are just getting started. So, can you help me understand what got put in what bucket and kind of some -- some thoughts behind it. I did read through everything that was in the packet by the way, but I just want to understand what the decisions were as far as which phase they went into. And, then, along those same lines the criteria for phase two, is that going to be similar to phase one where we are looking at a return on investment, you know, how that lines up kind of with -- and phase two I imagine will be also having some discussions about partially using general fund budgets for some of those projects and whether timing of the projects will play into phase two as much as they will into phase one. So, just kind of the bigger picture in that regard. That's my first question. Miles: Okay. Council President, Council Woman Perreault, so to what I heard your first project -- first question, so why project phase one versus phase two on some of these. Really I think part of the consideration is what do we think there is more general support for overall, as well as what are some of the immediate operational projects that can offer operational savings and long-term benefit to the community. I think if you look at the list of projects -- in phase one there is a lot of projects that do at least analyze and provide a return on investment that are calculable; right? We can touch and see and feel that if we install X streetlights it will provide a reduction of Y in costs. If you look at the list in phase two you sort of got more of the -- the -- the less tangible benefits; right? We can measure traffic flow, but how much benefit does Linder Road overpass have versus the attendance of a community center. Those are more conversational theory and not necessarily touchable and calculable in my mind. So, that was some of the logic behind why those projects. Additionally some of them are just easier, simpler projects I think, so we know that we can sort of get the ball moving on some of these, get them underway. To your next question about the criteria and -- that we would consider. I think, yes, we consider Page 15 Meridian City Council Work Session Item#1. March 15,2022 Page 12 of 18 the same criteria, sort of what is the long-term community benefit, what is the -- what's the return on investment, so to speak, if it is able to be calculated. What's the complexity of them and the timing of them. I think if you look at any of those projects on the -- the phase two list you could argue that they are all complex and could take long, if you think of them from start to finish. Now, within them there are probably elements that you could consider breaking down and say, well, for example, Linder Road overpass we could acquire right of way sooner than later. Community center, maybe there is a study to be done sooner than later. So, there are elements of them that are short term, but they are all much longer term as well I think. And, then, timing of projects. I think I touched on that a little bit as well. Again, they are the bigger projects, so, yes, we need to have the discussion soon. I think it's just a little more tangible, the phase one projects to say let's get those going or some or all of them. Perreault: Mr. President, may I continue with a couple more questions? Hoaglun: Go ahead, Council Woman Perreault. Perreault: Thank you. So -- thank you very much for sharing that. So, what I'm hearing is is phase one are projects that really we can immediately pick up and phase two projects where we might still need some more information or planning to be ready to move forward with; is that right? Miles: Yeah. Council Woman -- Council President Hoaglun. There is also more discussion to be had on them I think. Perreault: Okay. I agree. So, are there any long-term maintenance costs for the capital projects in phase one that would need to be added to the base budget? Has there been any analysis done of additional costs to equipment or staffing or maintenance that might be involved with the biosolids drying or the SCADA improvements, et cetera, that we need to take into account as part of this? Miles: Council President Hoaglun, Council Woman Perreault, I think of the -- of the list up there in terms of what would be added operational costs or added, you know, additional operations. You would look at the biosolids and the SCADA to some degree, possibly the streetlights. We do have Laurelei McVey, our Public Works directors, is here. I do think that the ROI did take some of that into consideration. So, they did -- she's nodding her head yes, so it's on the record yes. The ROI does consider that ongoing operational costs in terms of whether or not it requires additional staffing or not and that calculation brings that into factor. Perreault: Okay. Thank you. And maybe Laurelei would like to join us, because my next question is about streetlights. So, in chatting with -- Hoaglun: Council Woman Perreault, I thought that was Council Woman Strader's question. No. Page 16 Meridian City Council Work Session Item#1. March 15,2022 Page 13 of 18 Perreault: I would be glad to have somebody else ask it. Thank you. So, it's my understanding that we have been a little slower than we had hoped for with streetlight installation and changeover and so I was wondering if you could give us some more feedback on whether the million dollars should stay in phase one or phase two and sort of the timing of that. Not so much whether it's a valid project, but just the timing of it and implementation. McVey: Council Woman Perreault, great question. So, it is a resource constraint for us from a personnel standpoint. So, if we were to be allocated this million dollars we are anticipating hiring a consulting firm to help us manage this project in that time frame. So, definitely doable, but probably not doable with internal resources and so part of that money would go towards consultant fees. Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: I have a question for Laurelei as well. Thanks for being here. If you had to choose between the streetlight conversion and the biogas energy conversion, which one do you think provides a better return on investment? Hoaglun: And, Laurelei, while you are pondering that, you said biogas facility or biosolids? Strader: Yeah. That's correct. So, there is a biogas energy conversion project that I actually am surprised not to see on -- at least on phase two for further discussion. It is an interesting project that uses our existing -- basically like the yucky smells that you smell, they could burn those and actually use that energy to a greater extent at the WRRF and the nice thing about that project is it's a pretty quick project to implement and would immediately save us a hundred thousand dollars per year just back of the enveloped -- you know, looks like a pretty okay return on investment just from eyeballing it, but -- and I'm just Devil's advocate, if we are having trouble keeping up the streetlights, I guess I'm curious if you had to choose one or the other, if one of them is a preference. I'm sorry to put you on the spot like that, but I was just curious what you think. Hoaglun: Laurelei, any thoughts on that? McVey: Council Woman Strader, without doing I guess some more in-depth analysis, so we see on the biogas energy conversion project about a hundred thousand annual savings there. I believe that the streetlights -- there we go. Thank you. The streetlights would be between 65 and 79 thousand dollars a year. So, I think based on that -- close. Strader: Yeah. Mr. President? Hoaglun: Go ahead, Council Woman. Page 17 Meridian City Council Work Session Item#1. March 15,2022 Page —of 18 Strader: Thank you. Yeah. Real close. I guess I -- maybe if I had one piece of feedback -- I'm in support of the phase one projects. I think they make a lot of sense. As somebody that helped a little bit on this there was a ton of vetting that went into these projects. These ones are very tangible. Like they are really practical projects, like -- kind of like, you know, you do your home maintenance on your house to avoid your water heater exploding -- like they are -- they are similar, but other on a city scale to me. I would just ask that the biogas project be a possible consideration for phase two, because it is an immediate savings, it is calculable, it doesn't have an ongoing operating cost, besides the depreciation of that equipment. Like to me that's a really good project, that's a practical project, and I do want to give some other feedback. I agree with Council Woman Perreault's comment that on the phase two projects we do have things that are pretty tangible that we are interested in doing, so I think it's great to have that further discussion and maybe that's an opportunity if other Council Members that aren't here have other ideas that have come up recently or other feedback, those could be vetted in the meantime. I know Councilman Cavener had an idea that he mentioned to me and it's just not something that came up. So, I think that that -- this is a good approach, knock out the really practical ones that save the city money on an ongoing basis and, then, definitely we are having big discussions for that phase two. Mr. President, maybe one more question. Hoaglun: Go ahead, Council Woman Strader. Strader: Dave, like from us are you looking for feedback? Are you looking for like a voice vote? Maybe that's the easiest. Not right now, but when we are ready a voice vote tonight on support for these phase one things, so you have clarity. Just want to make sure we are sensitive, because this thing has been morphing around and you have been putting a lot of work into it, I just want to make sure we are getting you what you need tonight. Miles: Yeah. Council President, Council Woman Strader, yes, ultimately, you know, a voice vote would be good, whether it's line by line or whether it's a bucket of phase one and say, yep, it's good to go. Again, you will see them again on individual projects as they come back for amendments to allocate the funds, gives you another opportunity, but, again, with the timing and the length of some of these projects, it's good to get some of them underway, to get them moving forward. Hoaglun: Okay. I want to note for the record that Councilman Borton has joined us from being online to in person. So, thank you, Councilman. Councilman Borton, did you have any thoughts? Borton: Mr. President. So, thank you. I listened in route to the conversation and presentation. I just think there is a lot of good work that's been done to get us to this point by a lot of different invested individuals in all of the different options. So, for me I think the phase one basket is something that I'm supportive of. That going forward, understanding there is budget amendments and the details will come and follow for the spending authority, but I'm supportive of phase one, understanding there is more discussions for how the remainder of the bucket can be allocated and there is additional Page 18 Meridian City Council Work Session Item#1. March 15,2022 Page 15 of 18 options. I think that even in that list, but to move the ball a bit I think phase one is good to go forward with me today. Hoaglun: Thank you, Councilman. Councilman -- Councilman Bernt. Bernt: Thank you, Dave, for the presentation. I think that phase one looks good for the most part. My-- my-- my thoughts on phase two are specific to the Linder Road overpass. I think that the community needs this. I think that we have been -- it's been a high priority for -- for the Mayor and Council for a while, even -- you know, started with previous -- you know former mayor of de Weerd and so my only question is timing. You know, some of these projects are contingent upon timing and if we -- would we have time for a phase two project, like Linder Road overpass, if we were to include that in -- in phase two in the future. Miles: Council President Hoaglun and Councilman Bernt, I think that's where I look forward to the future discussions. I think there is -- again, to the comment I made to Council Woman Perreault, I think if you break a project down and look at it in components, yes, there is the ability to fit something of that project into the timing that's -- the treasury has set, whether that's things like buying right of way or helping accelerate the purchase of right of way or accelerating the construction of a specific component. We certainly have to do more -- more work looking into how does that project work and fit within the guidance, but I do think elements of it certainly could fit with -- frankly, with any of those projects in the phase two bucket. Perreault: Mr. President? Hoaglun: Council Woman Perreault. Perreault: On the lines of Councilman Bernt's comment, I just -- I do have concerns that we would spend a year or maybe more kind of waiting to see what can come to be with phase two projects and, then, find out in 2024 that we -- we weren't going to do what we thought we would do and we have lost time on projects that we know we can do right away. So, I really want to dig down next time into the timing of these, because I know with our other area partners, especially with Linder Road, we don't have full control over that process, so we can make some assumptions and have those conversations and possibly find ourselves another year from now still not being where we would hoped we would be and we have missed some other timing opportunities. So, I'm -- but in regard to phase one, I'm generally integrating with all of those. I'm -- I'm -- I'm -- I am intrigued by the biogas versus streetlights conversation. As far as the streetlights go, I'm curious also what the breakdown is on that with cost of consultant versus cost of what -- what it would cost us. Now, that is not necessarily a factor for whether I keep it in phase one, but I just am wondering. And I think the biogas is a really good -- thank you, Council Woman Strader for catching that, because I had read about it and, then, it just didn't dawn on me that it's not in this list. So, I -- I think that project really makes sense and it's -- it's good to have several options. Page 19 Meridian City Council Work Session Item#1. March 15,2022 Page 16 of 18 Hoaglun: Ms. McVey, would you like to respond to that? McVey: Council Woman Perreault, that's a great question. So, we are estimating about 15 to 18 percent of the money would be towards consulting fees. That's a pretty standard that we pay on other Public Works projects. Hoaglun: And, Council Woman Perreault, in terms of phase one projects overall, I -- I think we are going to take a vote tonight on phase one projects, so any -- any additional thoughts on phase one you might want to add? Perreault: Thank you, Council President Hoaglun. My -- my preference -- and this is not to -- this -- not to vote against the streetlights, my preference would be to move that over to phase two and put biogas in as a phase one project. That's my initial preference. But, again, I don't have all the information yet, so I certainly don't want to hold up the streetlights project if that is something that is -- we know is ready to go, we have the information, we are good with it and it's a lot more likely to be completed rather than the biogas. But I just -- as far as return on investment, to me the biogas project sounds like it's a better option for us. But as far as how we categorize phase one, phase two, if the streetlights upgrades -- if we move it into the -- into phase two and we have that conversation here in the next -- I assume couple of months, we could still get started on it fairly quickly. So, as far as the timing goes, I -- that would be my preference. Moving the streetlights over to phase two. Moving biogas back into phase one. Strader: Mr. President? Simison: Council Woman Strader. Strader: I think that's a good point, because we have a backlog and we have already funded a lot of streetlight conversions that haven't happened. So, I would think that moving that to phase two consideration and, then, putting the biogas project onto phase one would make a lot of sense. The biogas one I didn't have a lot of questions about, because it was really a straightforward project. Unless -- I guess my only question would be is there any concern about the biogas project? Any reason it's not ready and couldn't be included in phase one instead? Hoaglun: Laurelei. McVey: Council Woman Strader, so we would, with both the biogas and the biosolids project, would need to do initial engineering studies on both of those that would really assess -- so, we have done the, you know, rough ROI calculations where they do make sense. The engineering study would, essentially, do, you know, probably like a 30 percent design that would tell us construction schedule, would give us a better cost estimate just in case we were off on any of those and, then, that would be the kind of stuff that we could bring back to you guys and say, you know, yes or no, or we found this big project flaw as we got into it. But we could do that activity, you know, within the next six months. Page 20 Meridian City Council Work Session Item#1. March 15,2022 Page 17 of 18 Strader: Mr. President? Hoaglun: Council Woman Strader. Strader: Yeah. I want to take a shot at -- I would move the City Council greenlight the phase one projects this evening to express our support for seeing future budget amendments with all the details, putting the streetlight upgrades onto the phase two projects for further discussion, understanding the internal capacity to complete those projects and how consulting engagement would work with that and, then, moving the biogas project onto phase one. Hoaglun: We have a motion -- Horton: Second. Perreault: Second. Hoaglun: And we have a second. Discussion? I -- I do have a question, Dave. If-- if we get into the biogas research and whatnot and it's -- it's very complicated and there is issues, whatnot, do we have time to flip things back and forth from phase one to phase two, vice-versa? Miles: Council President, I think the short answer is yes. Ultimately you have got the flexibility up until you commit funds and I think even when you commit a fund you could probably pull a project back. But we can certainly clarify that answer for you and double check. And I did want to address -- you made a very good comment, Council Woman Perreault, about timing. Understanding there are other agencies involved with some of these larger phase two projects, the intent is that we come back to you rather quickly to have that discussion, not six months or eight months down the road. Hoaglun: Any other discussion? We have a motion. All those in favor of adopting the phase one projects as identified in the motion, please, say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: So, there is your -- there is your phase one projects, Dave. Miles: Appreciate it. Hoaglun: Great. Well, we are at the end of our agenda for our work session. Do we have a motion to adjourn? Borton: I move we adjourn. Bernt: Second. Page 21 Meridian City Council Work Session March 15,2022 Page 18 of 18 Hoaglun: All those in favor of adjourning say aye. Any opposed? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 5 / 2022 PRESIDENT BRAD HOAGLUN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 1, 2022 City Council Work Session Page 3 Meridian City Council Work Session Item#1. March 1,2022 Page 19 of 19 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: My only strong preference is I hate nonfunctional turf. I just think it's a waste. We are a city of trees. I think if -- if they are really well suited to this and it would work, I'm -- I'm into those. I'm -- if a fence works that might be fine, too. I don't have a super strong preference. I'm -- I'm okay with you investigating it and kind of coming back. Hoaglun: Well, Mr. Mayor, you know -- Simison: Councilman Hoaglun. Hoaglun: -- running for reelection in 2023, can we run on build the wall? Simison: Caleb, do you -- do you have enough to move back to further conversations? Hood: No decision. I will investigate further and throw basically -- there is some level of interest. I recognize not everybody is -- yep, we got to do something out there. Maybe their baseline is what we end up with. But let me see. What -- what level of partnership ACHD is what -- and, I'm sorry, just one more. Yes, I think I have got direction. We will also see what -- if I can encourage them to really explore this further with, again, the neighborhoods that are adjacent as they go further into the design and really get to see what the stakeholders would prefer out here. Simison: Okay. Thank you. With that, Council, we have reached the end of our items. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 3-15-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 Item#2. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 1, 2022 City Council Regular Meeting Page 23 Meridian City Council Item#2. March 1,2022 Page 36 of 36 Nary: Yes. Mr. Mayor, Members of Council, so our intention was because of the significance of this that we do this in three readings. So, this is just reading --first reading. Simison: Okay. You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. Seeing none, we will put it on next week for a second reading and public hearing. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Move to adjourn, Mr. Mayor. Simison: 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 7:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 3-15-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 59 Item#3. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Artemisia Subdivision Sanitary Sewer and Water Main Easement Page 60 ADA COUNTY RECORDER Phil McGrane 2022-026377 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/16/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0138 Artemisia Subdivsion Sanitary Sewer and Water Main Easement SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of March 2022, between Idaho Auto Mall 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. 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. Eil SANITARY SEWER AND WATER MAIN EASEMENT,PAGE 1 03/01/2022 Item#3. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street,then, to such extent such 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it 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 Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRAnTOR : IDAHO AUTO MALL LLC 4— David E. Blewett, Manager STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on_144fc L�51g6 date) by David E. Blewett on behalf of Kendall Development Group LLC, Manager of Idaho Auto Mall LLC, in the following representative capacity: Manager � c�'%• =T'9.Q�'�': Not ignat e a .o siding at 06 l s e,;�&c C) ;N•°� GeLIC �:' My Commission Expires: t ZZ 60�9 • ��• OP IDAN0��`�� SEWER AND WATER EASEMENT, PAGE 2 03/01/2022 Page 62 3-28-2022 Qbhf!74 Item#3. EXHIBIT A Legal Description City of Meridian Sanitary Sewer and Water Easements Artemisia Subdivision Easements being located in the SE '/4 of the SE %a of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: EASEMENT A Commencing at a Brass Cap monument marking the southeast corner of said Sections 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89°19'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE '/4 of the SE % N 0032'59" E a distance of 297.50 feet to a point; Thence leaving said boundary N 89'19'41" W a distance of 51.00 feet to a point on the westerly right-of-way of S. Linder Road being the POINT OF BEGINNING; Thence leaving said right-of-way and continuing N 89019'41" W a distance of 559.71 feet to a point; Thence N 0040'19" E a distance of 42.00 feet to a point; Thence S 89'19'41" E a distance of 559.62 feet to a point on the westerly right-of-way of S. Linder Road; Thence along said right-of-way S 0032'59" W a distance of 42.00 feet to the POINT OF BEGINNING. Said Easement A contains 23,506 square feet (0.540 acres) and is subject to any other easements existing or in use. EASEMENT B Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE '/4 of said Section 14 bears N 89019'41" W a distance of 2661.68 feet; Thence along the easterly boundary of said SE '/4 of the SE '/4 N 0032'59" E a distance of 1113.47 feet to a point; Thence leaving said boundary N 89033'51" W a distance of 246.47 feet to a point; Thence S 87030'50"W a distance of 65.23 feet to a point on the southerly right-of-way of Interstate 84 being the POINT OF BEGINNING, Thence leaving said right-of-way S 0°32'59" W a distance of 20.03 feet to a point; Thence S 87030'50" W a distance of 334.58 feet to a point; Thence N 89036'31" W a distance of 275.80 feet to a point; Artemisia Subdivision Meridian Sewer&Water Easements Land Surveying and Consulting Job No. 19-7 Page 1 of Page 64 Item#3. Thence N 0°23'29" E a distance of 20.00 feet to a point on said southerly right-of-way of Interstate 84; Thence along said right-of-way S 89036'31" E a distance of 275.30 feet to a point; Thence continuing along said right-of-way N 87°30'50" E a distance of 335.13 feet to the POINT OF BEGINNING. Said Easement B contains 12,208 square feet (0.280 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC \ONp LA N�S October 13, 2021 5 sTF p- o < l a�l3 Zt 2 1��9TF OF N W . NP Artemisia Subdivision Land Surveying and Consulting Meridian Sewer&Water Easements Job No. 19-7 Page 2 of Page 65 EXHIBIT B Item#3. CITY OF MERIDIAN SEWER & WATER EASEMENTS ARTEMISIA SUBDIVISION LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 14, T.3N., R.1W., B.M. CITY OF MERIDIAN, ADA COUNTY, IDAHO 1/4 14 13 POINT OF BEGINNING INTERSTATE 84 EASEMENT B S87'30'50"W C,o _S89'36'31"E 275.30'—__ N87'30'50"E 335.13' ._ 65.23' N89'33'51"W 246.47' � � ---- ---- - ---___ SO'32'59"W Z N89'36'31"W 275.80' S87'30'50"W 334.58' 20.03' CITY OF MERIDIAN f SANITARY SEWER EASEMENT 12,208 SF / 0.280 ACRES I I N lY �Ln Y co W N Z J IW L7 � N E_ I Z I CITY OF MERIDIAN SANITARY SEWER AND WATER EASEMENT cn 23,506 SF / 0.540 ACRES L_ _O S89'19'41"E 559.62' CDoN o a' �� o N� z N89'19'41"W 559.71' POINT OF BEGINNING S EASEMENT A ) I G z_ 0 N I . 14 13 1/4 14 W. OVERLAND RD_ _ _ _ _ _ 23 N89'19'41"W 2661.68' 23 24 BASIS OF BEARING P LA ND SG 0' 90, 180' 360' %ST 0 11118 L il ifn ,�iF 0 F �� `�� L-and Surveying and Consulting A 231 E.5TH ST.,STE.A �N W Nr MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.biz JOB r! Page 66 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Quartet Northeast Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 Page 67 ADA COUNTY RECORDER Phil McGrane 2022-026382 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 03/16/2022 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE ES T-2022-0129 Quartet Northeast Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 TIES Easement Agreement,made this 15th day of March 2022 between Quenzer Farms LLLP who took title as Quenzer Farms L.P. ("Grantor) d the City o eridian,an Idaho Municipal-Corporation('Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and propertyhereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;an WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the tee; NOW, 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 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 untothe 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. Sanitwy Sewer and Water Main Easement REV.01101020 Item#4. 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 TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 69 Item#4. GRANTORS: QUENZER FARMS LLLP, an Idaho limited liability limited partnership By JL- - Dean Quenzer,General Partner By: 2- 1 Marvin Quenzer,General Partner STATE OF IDAHO ) :ss. County of Ada ) On this 24th day of February,2022,before me,a Notary Public in and for said State,personally appeared Dean Quenzer,known or identified to me to be a general partner of Quenzer Farms LLLP,an Idaho limited liability limited partnership,and acknowledged to me that he executed the within instrument of behalf of said limited liability limited partnership. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. r. •.•••"' •.• Notary Public for Idaho Zy01ARY e�.� My Commission Expires: % pUB1, : o s°�:O p',rm.No ti.•'�'�•• �''•.� OF �4.•°. *%'8e1n01010"� Page 70 Item#4. STATE OF IDAHO ) :ss. County of Ada ) 24th On this day of February,2022,before me,a Notary Public in and for said State,personally appeared Marvin Quenzer,known or identified to me to be a general partner of Quenzer Farms LLLP, an Idaho limited liability limited partnership,and acknowledged to me that he executed the within instrument of behalf of said limited liability limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 2. YA. � •' '� Notary Public for Idaho i1.10TARY��p% My Commission Expires: ,i'LU25 • PUBLIC OF '*'fallPP1...... Page 71 Qbhf!83 Item#4. kM E N G I N E E R I N G January4,2022 Project No.21-024 Quartet Northeast Subdivision No.2 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 34,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the Center-North 1/16 corner of said Section 34,which bears S89°26'06"E a distance of 2,647.62 feet from a 5/8-inch rebar marking the North 1/16 corner of Sections 33 and 34; Thence following the northerly line of said Southeast 1/4 of the Northwest 1/4 of Section 34, N89°26'06"W a distance of 347.56 feet to the northeast corner of proposed Quartet Northeast Subdivision No.2; Thence leaving said northerly line and following the subdivision boundary of said proposed Quartet Northeast Subdivision No.2,the following two (2) courses: 1. S00°33'54"W a distance of 136.30 feet; 2. 235.19 feet along the arc of a circular curve to the right,said curve having a radius of 681.50 feet,a delta angle of 19°46'23",a chord bearing of S10°27'05"W and a chord distance of 234.02 feet to the POINT OF BEGINNING. Thence leaving said subdivision boundary,S69°29'38"E a distance of 16.00 feet; Thence 39.73 feet along the arc of a circular curve to the right, said curve having a radius of 697.50 feet, a delta angle of 03°15'50",a chord bearing of 521"58'25"W,and a chord distance of 39.73 feet; Thence N66'28'36"W a distance of 16.00 feet to said subdivision boundary; Thence following said subdivision boundary,38.89 feet along the arc of a circular curve to the left,said curve having a radius of 681.50 feet,a delta angle of 03°16'11",a chord bearing of N21"58'22"E,and a chord distance of 38.89 feet to the POINT OF BEGINNING. Said parcel contains 629 Sq. Ft.,more or less,and is subject to any existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. a 12459 0 OF o'Y L. BI�Lv@ i . .TO z�- 5725 North Discovery Way • Boise, Idaho 83713 • 208.639,6939 • kmengllp.com Page 73 Item#4. POINT OF COMMENCEMENT FOUND ALUMINUM CAP "10729" C-N 1/16 CORNER SECTION 34 FOUND 5/8" REBAR "ALB 12459" NORTH 1/16 CORNER SECTIONS 33/34 BASIS OF BEARING G 589'26'06" 2647.62' A A i 2300.06' 347,56' ��T) LEGEND ) o a � i ® ALUMINUM CAP 'Mo CALCULATED POINT o PROPOSED MONUMENT N N Qp FOUND 5/8" REBAR z - - - SECTION LINE 4 PROPERTY BOUNDARY LINE g -- --- - - - PROPOSED EASEMENT LINE LOT LINE L6 s 0 IA 2 6 � N o Quenzer Farms LP Quartet Northeast L3 Subdivision No. 2 a o POINT OF BEGINNING n = C] � A Lo bF. ro LINE TABLE II ��Y LINE BEARING DISTANCE 00 �= '� L•1 L1 S69'29'38"E 16.00 o L2 N66'28'36"W 16.00 N K CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD BRG CHORD Cl 681,50' 235.19' 19'46'23" S10'27'05"W 234.02' Ion C2 697,50' 39.73' 3'15'50" S21'58'25"W 39.73' 0 C3 681.50' 38.89' 3'16'11" N21'58'22"E 38.89' E N G I N E E R I N G 5725 14ORTH DISCOVERY WAY BOISE,IDAH083713 PHONE(20B)639-6939 Exhibit B - City of Meridian Water& Sewer Easement zx kmrnGllp.cotn Quartet Northeast Subdivision No. 2 z � DATE: linvury 2022 i PROJECT: 21-024 w SHEET: Situated in a portion of the SE 1/4 of the NW 1/4 of Section 34 Y 1 OF 1 T4N, R1W, B.M., City of Meridian, Ada County, Idaho Page 74 Item#4. - :Iq r 1 1 r r a 'a a Title: Date:01-05-2022 Scale: 1 inch= 10 feet File:Deed Plotter.des Tract 1: 0,014 Acres: 629 Sq Feet:Closure=s26.2551w 0.00 Feet: Precision>1/999999: Perimeter=111 Peet 001=s69293 Be 16.00 003=n66.2836w 16.00 r 1 I r Page 75 Item#5. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: TM Crossing Lot 15 Partial Release of Water Main Easement Page 76 ADA COUNTY RECORDER Phil McGrane 2022-026565 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 03/16/2022 01:14 PM CITY OF MERIDIAN, IDAHO NO FEE RE-Record to add Exhibits A and B ADA COUNTY RECORDER Phil McGrane 2022-026379 BOISE IDAHO Pgs=l BONNIE OBERBILLIG 03/16/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0135 TM Crossing Lot 15 Partial Release of Water Main Easement PAWL JAL REL8-A SE OF F'ASENIENT 'I YllEOF 1.ASVN1FNTBEING PARTIALLY LLY F:'LEAS:E11): _ Water Mi'aln Easement GRAN CORS:, see below INCLUDING SUCCESSORS AND ASSIGNS SCS.Investrnents Lt_C, DATinvestmeniii LLC,BVA SL Ten Mile Phase 2 Building LLC WHEREAS, by easeinetit dated MW 2 020 and rceoorded as: Fnsttunitnt Numhe 2020-063466 in tht iand r�e;ctrr° of Ada C,onnty,Stan of Idaho,an caseritcttt of the type and mature,set forth in the altiwe-captioned tint:Wass granted to the City of N1cridiam,act Idaho Nluniciltal Cacagvratioti f the Easerttent"),upon the,real property legally described therein, WH>-'REAS,the;comi.nivatice of a certain porrt ion fthe Easmeat is;no longcrticcessary ter desirable NOW,'CF-l:9-:RF;TORE,in con siderjtrttmc.,fthe ltrcmiscs,the City c.1'hlcridsa:ti des hereby release,vacate and abandon that certain portion of the Easement on the lands n'tt`re particularly described ou Exhibit A, and depicted on Exhibit B,attached hereto and Incorporated herein. All rights and privileges tinder the under the above-described d(xtrntemt;in and to the remaining lands evvcred by the Easement shall rernaim and cctrttinue in the Grantee and shall most be af"f:cted in ally way hereby.. 3Tsl WITNESS WHF:'1tEDY,1"F-E C3"t`Y 0 % ERI1_)IA1~v has caused thest prtsetits to be executed:by its propered,fiic;ersLh rcumtodutyauthorizedthis 15thdaycf Marcll_.__,26 22.._ CITY Of NIERIWAN FRbert E Sirtrisom,%I3vor 3-15-2022 By Brad ttoaglun,Council President t eSt by°t'_hrf fcahtuot.S,-, `r 3-15-2022 ii'C'.1.'tE Of IL)AH0, 1 Ss, Coulity of Ada. This rcocrd was aeknowtedgcd before me cart 3-15-2022fdatc) by ' Brad Hoaglun and Chris Johri~son oil behalf cryf the City cif",% eridiam,ui their capacities as:Council Hid City Clak, respectively, President t;statnitl µrvM r - Notary Si !attire . f CHARLENE WAY � N1y'tsointtn.Lis€cart Expires- 3-28-2022 COMMISSION##67390 NOTARY PUBLIC € STATE OF IDAHO € Version 01 0111020 MY COMMISSION EXPIRES 3(28122 E 2775 W.Navigator Drive,Suite 210 Meridian,Idaho Office Meridian,Idaho 83642 Tel: 208.895.2502 www.horrocks.com H O R R O C K. S Fax: 208,463.7561 MEMEMEMEMMM 11111 winaMMOMEMMEM 1 N ( ; I IN I 1: IZ \,.N6ENS�r t Date: September 29, 2021 cL Project: ID-2240-2002 0,09-29-21�a Page: 1 of 1 q Q rFOF �o EXHIBIT A wR�G�fi TM CROSSING WATER SERVICE EASEMENT VACATION This Vacation is a portion of Waterline Easement Instrument# 2020-063466 and is situated in a portion of Lot 15, Block 2 of TM Crossing Subdivision No. 4, located in a portion of the E. '/z of the S.W. '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of Lot 15, Block 2 of said TM Crossing Subdivision No. 4; thence along the north boundary of said Lot 15, 1) S.89°12'12"E.,43.95 feet to the POINT OF BEGINNING,thence continuing along said north boundary 2) S.89°12'12"E., 16.00 feet,thence leaving said north boundary and along the east boundary of a portion of said Waterline Easement; 3) S.00°47'48"W., 30.51 feet, thence along the south boundary of a portion of said Waterline Easement; 4) N.89°12'12"W., 16.00 feet,thence along the west boundary of a portion of said waterline Easement; 5) N.00°48'57"E., 30.51 feet to the north boundary of said Lot 15, Block 2 and the POINT OF BEGINNING. EXHIBIT NvBwv LEGEND: R o A CALCULATED POINT LOT LINE Nif — — EASEMENT BOUNDARY LINE 0 10, 20' P.O.B. POINT OF BEGINNING mtllllll" P.O.C. POINT OF COMMENCEMENT SCALE:1" 20' �\��,QP�oG�ti LOT 19 EXISTING WATER EASEMENT INSTRUMENT# 2020-063466 P P.O.C. .O.B. — S89'12'12"E 89'12" 43.95' 16.00' > U7 W j/ ct� w 3; S-0 Ij '0 C C:)AIM ) (D o CD z z 0 cf) tt 16.00" b cL 89o12'12" \�05P�5 OG� A\ LOT 15 ��N 8 ENS 6 009-29-21 of WRIG HOR-ROCKS' DRAWING INFO 141— 0%r- E N 0 1 N R R R S EXHIBIT "B" WATER SERV! 16- DATE 1011121 ammimm, I mom SCALE 1" = 20' 2162 West Grove Pkwy.,Suite...... uite'400..— EASEMENT VACATION REV Y_J—DATE Pleasant Grove,UT 84062 �E'2rM SHEET (801)763-5100 TM CROSSING SUBDIVISION NOA PROJ-1,10 ID-224(Q002 www.homxks.com PAGE 2 ADA COUNTY RECORDER Phil McGrane 2022-026669 BOISE IDAHO Pgs=4 CHE FOWLER 03/16/2022 02:11 PM CITY OF MERIDIAN, IDAHO NO FEE RE-RECORD to Add Exhibits A &B a�ia# t"J`tlww�Yi�� t�t��tt h+dr »e �� +� � ESMT-2022-01.34 TM Crossing Lot 16 wr P�gsA1 o8r: 4LtJ8 , � ; .�......... 4 ,2 ti Partial Release Water Main Easements - ' l'r^.lt'l'lr'�E�ltEl�E,�:aE`f'.iF'E`r'ytaE't49E'9`S'l` .l" 1'E OF EASEWtFN'l :MEIN(-i:l'Altl`JAJ_LY 1tF'LEA. ED: Water NI'lain Easement GRANTEE: C l'Y OF E H ltki� {IRA 1m,1"ORS: ---see._See below INC'L..C°tl)ING SUCCESSORS AND ASSIGNS SCS InvesUnents LJ_C,Bilghton Mvestnients LLC,Ten Mile Crossing Inc. WHEP,17�'S, by easement dated March 12 20 18 and rocurded as lmtrument Namlmi- 2018- 21'� a � in the C;nd rt,10°d.s of Ada County,State of Idaho, an eas nwin Of the typC and manure set forth in the above-captioned title Fww granted tea the City o tvteridian,an Idaho NInnIcipal Corporation(„t1L,Easeniczn"),upon thcreal property t1egaify described Lhercin: WHEREA'Si,the,.continuance off.e et°tain portion of the E scrrrcat is Pro longer notes, wrr desirable.. NO'J+r', `l'HEREF'ORE,in consider° tk.Nn of that: premises,the City of Meridian cloes J.erwla v° t°cica �, v°aca and abandon that attain portion of the E.asemeltt on the lands niore pat°tiw:.utarly^desc ibcd on Exhibit A, and depicted on Vlxhlbit 1I,attached hereto and ind:olj)ortated herein All rights and privileges under the tund-rr the above-descrilaed iocuntent in and to the rernainng tarts: covered by the Ea-sense nt_sJaall rerrarn and continue in the Granw.e and shatl not be affected in any way hereby. 1N`WITNESS 'VHElt.E(jF,THE t IT"Y f�F h�JE'ltJt�JetClG has catmed thew presents 1*be executed by its. lar;+}ero#ti ee tJr rrrtntsduly aulhori7edthis 15th,fay-o March 20 22 CrMY OF`ME'ttllltlAN lt+al�ert E`. *�itarison t�1ay° - - By,B Ho ' `ounce resident C�'WE IM SF,AL Atteit by Chi ohns n,i--,- .crh 3-15-2022 i C"A-1`E OF IDAHO, 1 Ss., County of Ada This record was, ackmv%4cdpcd before me~ on 3-15-2022 (date) by "Brad Hoaglun and Chris lolumon Ott behalf of the City of Meridian, in their capacities asc•uncil and City Clerk-, respectively. President lstam s M Notan,Signature CHARLENE WAY My C6,rnLss on Ex}aires 3-28-2022 COMMISSION#67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3t28122 Me`v Sift tS Jt rtrt.a A,11_0 ADA COUNTY RECORDER Phil McGrane 2022-026380 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 03/16/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0134 TM Crossing Lot 16 Partial Release Water Main Easement 11) tR `lA1_ ltivl_EAgP.I TYPl-:t'yf lvASF.IENI' 1fE1NG PAR lTyOLLLY kELEASE : Water 'bin Easement Ttt s .,l.. P : _ _ see below _ INCLUDING SUCCESSORS AbW ASSIGN SCS.InvesUnents LL ,Bflghton Investments LLG,Teti Mile aossing lInce WHEREAS, By casement dated March 12 2018 and recorded, as Instrryerneiat Number 201 219 a --in the :land record- of Ada Cvu.nty,State of ears,:an easenientoftlic type anti nature set forth in the,above-captimed tale was granted to the City ofMcridian, an. ldalui Municipal orporation("'tlic" enienl"),Mi tt ther: l property la gall°ticscribed thercir W1=11_11.EAS,the continuattee of a ccttain liter-than oftlic 1 scxrtent is no ionger nceeuary or&-sir file. N'OW, 1„HOt l'TORF, ir°t consideration of rbe lrrctitiscs, the City"of Merilfiart gars hrreby release, vacate,: aritl abandon,that certain portisati of the Ea-scri e t rin tlic l nAs.niorc pilicularly de crib&d on P�.xliiliit A anA depicted can Exhibit B,attacltodl hereto and ineotlicrat d h reiti All ri lxti wrd privileges;mder this tf .rr the above-describer, &current in and to the remaining land:% cat crcd Lay° the 1,ascrncnt_shall remain anti continue m the Grantee and shall not be affcc ed it any way hereby. 1N WF17NESS "lw`lflTl ttl l'fll' C11`y OF MERIDIAN has causzd tlws,e presents to be cxccutcrl by its laxa lit r taffi, r" 1licrctrrttaa fitly°autl sari cd Ili¢ 15thday of March 2.tt 22 C1".1"Y OF MERIDIAN Rohe E. iairnison,Mayo By - - o� t ounce resident ! C�'WE SEAL Attest by Clie o111 stare," cry 3-15-2022 STA1E OF 11JA1-0, i County of'Ada This rccord N as a&r.m iedged before rite on 3-15-2022 td<atcl Lay Brad Hoaglun ;and Cluis.loltrrsran on behalf of dtc City of Meridian, in tlicir caliacitics atiCouncil and City Clerk-, re lacetively.. President 1taniB }w~t M Notary Signature CHARLENE WAY y Corraniitission Exlairc t 3-28-2022 COMMISSION#67390 NOTARY PUBLIC STATE OF IDAHO MY r-OMMISSION EXPIRES 3128122 V cr tun Ot 101/2020 PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTORS: see below , INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated March 12 , 2018 and recorded as Instrument Number 2018-021997 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this day of , 20 CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson,City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on (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: Version 01/01/2020 2775 W.Navigator Drive,Suite 210 Meridian,Idaho Office Meridian,Idaho 83642 C K S Tel: 208.895.2502 www.horrocks.com Fax: 208.463463.756161 uRI C N G [ N E C R S NLgNO� Date: September 28, 2021 Project: ID-2240-2002 Page: 1 of 1 ��09-29-21�a teof �o EXHIBIT AWN WR1G� TM CROSSING WATER SERVICE EASEMENT VACATION This Vacation is a portion of Waterline Easement Instrument#2018-021997 and is situated in a portion of Lot 16, Block 2 of TM Crossing Subdivision No. 4, located in a portion of the E. '/2 of the S.W. '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of Lot 16, Block 2 of said TM Crossing Subdivision No. 4; thence along the south boundary of said Lot 16 through a curve to the left, 1) Having an arc length of 31.91 feet, a radius of 162.50 feet, through a central angle of 11'15'05" and a long chord which bears N.85°10'50"E., 31.86 feet and to the POINT OF BEGINNING; thence leaving said south boundary and along the west boundary of a portion of said Waterline Easement Instrument#2018-021997, 2) N.00°48'57"E., 26.02 feet, thence along the north boundary of a portion of said Waterline Easement; 3) S.89-11'03"E., 10.00 feet, thence along the east boundary of a portion of said Waterline Easement; 4) S.00°48'57"W., 23.69 feet to the south boundary of said Lot 16, Block 2, thence along said south boundary and through a non-tangent curve to the right; 5) Having an arc length of 10.27 feet, a radius of 162.50 feet, through a central angle of 03°37'14" and a long chord which bears S.77°43'47"W., 10.27 feet and to the POINT OF BEGINNING. EXHIBIT "B" LEGEND: w" ° s s Q CALCULATED POINT LOT LINE �� N ,- C I N 6 EASEMENT BOUNDARY LINE 0 10, 20' P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT SCALE:1"=20' a FRS -21�a 0 m 5J 5 'oN wRiG'fi w LOT 15 LOT 16 > �o W W W W U !r W N w S890 11'03"E 10.00' U a 'w z a W LOIN / COO Ln 0 00 (h 00 m' 0 /N 0 / O Z c/) P.O.B. P.O.C. ---- - —L=10.27' W. NAVIGATOR DR. L=31.91 R=162.50' R=162.50' D=3°37'18" D=11°15'06" CD=10.27' CD=31.86' CB=S77° 43'47"W CB=N85° 10' 50"E 0 N O S HOR ROCKS DRAWING INFO II�II ENGINEERS EXHIBIT B WATER SERVICE DATE 10/1/21 SCALE ill =_20' 2162 West Grove Pkwy.,Suite 400 EASEMENT VACATION REV# DATE Pleasant Grove,UT 84062 (801)763-5100 TM CROSSING SUBDIVISION NO.4 `PROJNOEETp224o2002 www.horrocks.com PAGE 2 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: TM Crossing Lot 16 Partial Release of Water Main Easement Page 78 ADA COUNTY RECORDER Phil McGrane 2022-026669 BOISE IDAHO Pgs=4 CHE FOWLER 03/16/2022 02:11 PM CITY OF MERIDIAN, IDAHO NO FEE RE-RECORD to Add Exhibits A &B a�ia# t"J`tlww�Yi�� t�t��tt h+dr »e �� +� � ESMT-2022-01.34 TM Crossing Lot 16 wr P�gsA1 o8r: 4LtJ8 , � ; .�......... 4 ,2 ti Partial Release Water Main Easements - ' l'r^.lt'l'lr'�E�ltEl�E,�:aE`f'.iF'E`r'ytaE't49E'9`S'l` .l" 1'E OF EASEWtFN'l :MEIN(-i:l'Altl`JAJ_LY 1tF'LEA. ED: Water NI'lain Easement GRANTEE: C l'Y OF E H ltki� {IRA 1m,1"ORS: ---see._See below INC'L..C°tl)ING SUCCESSORS AND ASSIGNS SCS InvesUnents LJ_C,Bilghton Mvestnients LLC,Ten Mile Crossing Inc. WHEP,17�'S, by easement dated March 12 20 18 and rocurded as lmtrument Namlmi- 2018- 21'� a � in the C;nd rt,10°d.s of Ada County,State of Idaho, an eas nwin Of the typC and manure set forth in the above-captioned title Fww granted tea the City o tvteridian,an Idaho NInnIcipal Corporation(„t1L,Easeniczn"),upon thcreal property t1egaify described Lhercin: WHEREA'Si,the,.continuance off.e et°tain portion of the E scrrrcat is Pro longer notes, wrr desirable.. NO'J+r', `l'HEREF'ORE,in consider° tk.Nn of that: premises,the City of Meridian cloes J.erwla v° t°cica �, v°aca and abandon that attain portion of the E.asemeltt on the lands niore pat°tiw:.utarly^desc ibcd on Exhibit A, and depicted on Vlxhlbit 1I,attached hereto and ind:olj)ortated herein All rights and privileges under the tund-rr the above-descrilaed iocuntent in and to the rernainng tarts: covered by the Ea-sense nt_sJaall rerrarn and continue in the Granw.e and shatl not be affected in any way hereby. 1N`WITNESS 'VHElt.E(jF,THE t IT"Y f�F h�JE'ltJt�JetClG has catmed thew presents 1*be executed by its. lar;+}ero#ti ee tJr rrrtntsduly aulhori7edthis 15th,fay-o March 20 22 CrMY OF`ME'ttllltlAN lt+al�ert E`. *�itarison t�1ay° - - By,B Ho ' `ounce resident C�'WE IM SF,AL Atteit by Chi ohns n,i--,- .crh 3-15-2022 i C"A-1`E OF IDAHO, 1 Ss., County of Ada This record was, ackmv%4cdpcd before me~ on 3-15-2022 (date) by "Brad Hoaglun and Chris lolumon Ott behalf of the City of Meridian, in their capacities asc•uncil and City Clerk-, respectively. President lstam s M Notan,Signature CHARLENE WAY My C6,rnLss on Ex}aires 3-28-2022 COMMISSION#67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3t28122 Me`v Sift tS Jt rtrt.a A,11_0 RE-RECORD to Add Exhibits A&B PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTORS: see below , INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated March 12 2018 -and recorded as Instrument Number la 2018-021997 in the nd records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS,the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B, attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 15th day of M air c h , 20 22 CITY OF MERIDIAN Robert E. Simison, ayor 3-15-2022 By ad Hoa n C is 1" .esident Attest by C is Johnf` Clerk 3-15-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-15-2022 (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 CHARLENE WAY - My Commission Expires: _ 3-28-2 COMMISSION#f 67390 NOTARY PUBLIC � STATE OF IDAHO � MYC6 MISSIONEXPIRES3128122 € Version 0 1/0 1/2020 2775 W.Navigator Drive,Suite 210 Meridian,Idaho Office Meridian,Idaho 83642 Tel: 208.895.2502 www.horrocks.com H a R R O C Fax: 208.463.7561 1 I 1 NtgNO� Date: September 28, 2021 Project: ID-2240-2002 ��09-29-21 Page: 1 of 1 �a teof �o EXHIBIT AoN WR1G� TM CROSSING WATER SERVICE EASEMENT VACATION This Vacation is a portion of Waterline Easement Instrument# 2018-021997 and is situated in a portion of Lot 16, Block 2 of TM Crossing Subdivision No. 4, located in a portion of the E. '/z of the S.W. '/4 of Section 14, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of Lot 16, Block 2 of said TM Crossing Subdivision No. 4; thence along the south boundary of said Lot 16 through a curve to the left, 1) Having an arc length of 31.91 feet, a radius of 162.50 feet, through a central angle of 11°15'05" and a long chord which bears N.85°10'50"E., 31.86 feet and to the POINT OF BEGINNING; thence leaving said south boundary and along the west boundary of a portion of said Waterline Easement Instrument# 2018-021997, 2) N.00°48'57"E., 26.02 feet, thence along the north boundary of a portion of said Waterline Easement; 3) S.89-11'03"E., 10.00 feet, thence along the east boundary of a portion of said Waterline Easement; 4) S.00°48'57"W., 23.69 feet to the south boundary of said Lot 16, Block 2, thence along said south boundary and through a non-tangent curve to the right; 5) Having an arc length of 10.27 feet, a radius of 162.50 feet, through a central angle of 03°37'14" and a long chord which bears S.77°43'47"W., 10.27 feet and to the POINT OF BEGINNING. EXHIBIT "T" I LEGEND: 0 R 0 CALCULATED POINT LOT LINE N EASEMENT BOUNDARY LINE 0 10, 20' P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT SCALE 1 20' FRS 1\01, -21 0 w x z 0 < LOT 15 LOT 16 z S8901 1'03"E 10.00, z 0 �u -JT7 0 L 'c� In 9 80 0 ao' z cy) 't .1 It I"o 0 2 0 ,7:5 CD C) o z U) P.O.B. P.O.C. o L=10.27' 91' W. NAVIGATOR DR. L=31. R=162.50' 0 R=162.50' D=3'37'1 8" D=11'15'06" CD=10.27' CD=31.86' CB=S770 43'47"W > CB=N85' 10' 50"E HOP-ROCKS T-- EXHUSIT t5 WA-Ur-K Sr-KVIE;r- 10/1/21 E N G I N E E R S SCALE - —-------—----—----—------- 2162 West Grove Pkwy,Suite 400 EASEMENT VACATION REV# DATE Pleasant Grove,UT 84062 B EETIFOR LISTNG (801)763-5100 TM CROSSING SUBDIMSION NOA 2nd SH PROJ NO D-2 L0-2082 www.horrocks.com PAGE 2 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Final Order for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. Page 80 Item#7. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 1, 2022 ORDER APPROVAL DATE: MARCH 15, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 5 BUILDING ) CASE NO. FP-2022-0002 LOTS ON 6.8 ACRES OF LAND IN ) THE C-G ZONING DISTRICT FOR ) ORDER OF CONDITIONAL MERIDIAN MOVADO VILLAGE ) APPROVAL OF FINAL PLAT SUBDIVISION. ) BY: CLAIRE SMARDA,BRECKON ) LAND DESIGN ) APPLICANT ) This matter coming before the City Council on March 1, 2022 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING MERIDIAN MOVADO VILLAGE SUBDIVISION, LOCATED IN THE NW 1/4 OF THE NE 1/4 AND THE NE 1/4 OF THE NE 1/4 OF SECTION 21, TOWNSHIP 3N, RANGE 1E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Meridian Movado Village Sub.—FILE#FP-2022-0002) Page 1 of 3 Page 81 Item#7. DATE: l/10/2022, by Jeff Beagley, PLS, SHEET 1 OF 1," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 1, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Meridian Movado Village Sub.—FILE#FP-2022-0002) Page 2 of 3 Page 82 Item#7. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 15th day of March , 2022 By: Robert E. Simison 3-15-2022 Mayor, City of Meridian By Brad Hoaglun, Council President Attest: Chris Johnson 3-15-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-15-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Meridian Movado Village Sub.—FILE#FP-2022-0002) Page 3 of 3 Page 83 ►tem#�. EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O DATE: 3/1/2022 Legend �amomnot TO: Mayor& City Council Project Location , FROM: Joseph Dodson,Associate Planner 208-884-5533 ; SUBJECT: FP-2022-0002 ' J 9 B Meridian Movado Village PROPERTY LOCATION: _ L _} The site is located on the south side of E. 1 Overland Road between S. Eagle Road i : o and S. Cloverdale Road,in a portion of 7R NIB the NW 1/4 of the NE '/4 of Section 21, --- Township 3N.,Range I E. �® I. PROJECT DESCRIPTION A final plat consisting of 5 building lots (3 commercial lots and 2 multi-family residential lots)on 6.8 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.8 Future Land Use Designation Mixed Use Regional Existing Land Use Vacant Approved Land Use(s) Multi-Family Residential and future Commercial Current Zoning C-G Lots(#and type;bldg/common) 5 total lots—3 commercial lots;2 multi-family lots Physical Features(waterways, N/A hazards,flood plain,hillside) History(previous approvals) Part of Movado Estates AZ,PP,PS(H-2016-0112);Movado Greens/Silverstone Apartments MCU,MDA,PP,RZ(H- 2017-0104); Silverstone Apartments MDA(H-2019-0099)& Silverstone Apartments MCU(H-2019-0014)that were withdrawn;DA Inst.Ws 2017-012608&#2018-012456; Movado Mixed-Use CUP,MDA(H-2020-0123). Page 1 Page 84 1 1 1 G� ^n m r ' P e m OVER OVERLAND 1 1 IN • _.r _ Fes.,..' .. �. - �. OVERIL�A�ND� .� Q lnnmuuln 111111111l�1 I- �■ (� �U� � �■ � �1■�lIIIIIIIIIIIIII!-un•::._fl 1661111 rirrrrr• •�� t� -rirrrrr.- �� onnrrr - ,■ ■� 'unnrrr 1=■-. rinunr�-�•.�■ ■ III rrnunr� � i �,.Tarr rru � ■111�� :�.�r��lir�"� - nn � onrrn ill -- • • 11 i Item#7. C. Representative: Same as Applicant IV. STAFF ANALYSIS The proposed final plat consists of 5 building lots,three(3)commercial lots and two(2)multi-family residential lots in the existing C-G zoning district. The number of lots are one(1)less than approved with the preliminary plat in 2016 and all required landscape buffers along Overland Road and Movado Way are existing and were installed with other phases of the Movado Estates Subdivision to the south. Because the number of building lots has not increased and the proposed final plat complies with all conditions of approval from the latest Conditional Use Permit and Development Agreement Modification, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. This is the final area of land in the Movado Estates Subdivision(H-2016-0112) and Movado Greens Subdivision(H-2017-0104)to be platted. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 86 »m#z VI, EXHIBITS A. Approved Preliminary Plat (Mov d Greens, 2017 \ | I I § I § � ,` � ? ~��• | it § §01 \ i ; k§Mk | | ! |� |2k/§ , | ] Q■ 4 I ! H • | • |�| jnnH § e©. .. || ■ . . ! • BnR ;n:' |A � _ � � � '` R • . � |�| � § § MOVAoA &Iv» okfol��_/_\m�I § o� Page 4 Pge9 Item#7. I; l�--I:• r 1a g ki C 141 fx i 1_1 1s k 1r€1a k 6 1 1w Ik e �la I I k k I g ',m C !•m k e g !Nv k k is :8P 8PA8 Ik 12 e Cp p Ik 61 k g ggg 6 a iE !ate Ig� ki 1V.. g �s e fS _LJ El ;c 4I ,L-- i- a gg¢pp 99989t� a ` 9z 1 g MOVADO GREENS SUBDIVISION ' g pN��IL;; @AWE gg E.OVERLAND ROAD,MERIDIAN,ID pp 3 3 LOT DIMENSIONS a9�,S & ORKS 'k, Page 5 Page 88 Item#7. B. Final Plat(dated: January 10, 2022) 949 Np0°11d�E%}T pim I sm��wr am 4 a m � _ _ ___ _I � ti N rc 6�F —� S J J o rw mrn r`�—'c zo 1 p� i L.--_� s.MOveno WAY _.._.. OIU __NWM6'Y3°F 190.94' Qt -�- x w IY 'N• r1 6 - e - -I��--- xr rn y I m ul ------ --`— --------- �soo�saas'w ras.m� um� m 4w1A n O Z Y � d so 9.CLOVEkUALIi RpAp � C � 1 a PHI lmll q HII k n n 7 M 'g A 3 Page 6 Page 89 Item#7. PLAT SNOWING SCALE MERIDIAN MOVADO VILLAGE SUBDIVISION 0 "0 LOCATED IN THE NW114 OF THE NE114 AND THE NE114 OF THE NE114 OF SECTION 21, T,3 At.,R.I E.,B.M.,CITY OF MERIDIAN, ADA COUNTY,IDAHO I I.CR=90 FT 2021 Ny9 qap,SEC 21 IlA819 OP 8MRINGE fPlFa IVI0lVAa0 —11WE xvaeT' SEC mRA197 E. OVERLAND ROAD _ Etnb coax ry�amslsslov 1e is - _—�__ — plkg POS A 63.35- POB B SR9°7395"E L SA9^13'35'E MAY n —..— —.. -- 1569°13.35"E 291.55' �� 1 11&]9' tN.i3' �"n„ �� 95'IIN25[1PE EVFAER ElSEMCifT I 1 35'INI0.5YlEE&Ifr'£R F/5FAIEHt SEE IfnTE 51f q5 — ml -- I. 1 i4 2 1 ]l0YAU0 APARTN5N75 9tIDE1V191oN 1 1R0V iN �� s'13B�w i `Yk9t91)�7�`^ .t0'¢ry OFn7lfoWlUrnmEL5sM9lI N� µr------ �'.TR ,re.lr i x]Ra• `I yq �, m g s�a uwsz'�•w 1as.a.—f----7 sswx5�s-E.assay f� `` � r 1 �� weuouncmpEtEn[an Nn°2gJx"E J/+ \ o I! i w az.sv 9 2 BLOCK BLOCK 1 __ x 1I� 3 zvTw�'.\ \, �,.� sas°v33s^e Ltv.Fv 3 til _ e 1 a TABLE --�-----r-- -- f F � T r_ Rf llNE FEARING CETAH[F i ti ! I 12 SFOYG]S W 3E.20' f/] I I I I I I i i LT I - 1 u rvoo z5 E:].00 f f 15 NFGWE'3YF 2E.99' LEGEND I I I I I I i I I I ll SBP't33YE n.Fr i 2 i rvi�gaz-E w:owru' �avu[LNE I I f I I f i I I I � I NFNIDTLlNE NOYARO GPRRNa SO9llRTa1ON NO.1 ___________ mare vmmEs, n�,yyonvyay >M ILa,PG IEGLa Barr ® wuovn s/a IaRae as noTea 1 E.VACHRRON ST. wiElnsLUNrnuwcaAnu�ianrsrr I k�f— S wt,Nn aus coAnoNurlENr — — n B �.4R8 `'� ® arUz•AEsnWrnA•Easeaovrns us]r• i I I I�..—..T, o E ~ 11574 g ® rucvuiFn ronrr �I _ '�Fp BE o � I a�a wrxr aracsmwNG � I f I I f ! 1 3 I�i II 1 s L1osv 3[1RVEY0RS NARRATIVE L..—_L.,.L..—..L..—_L — L.._„l..BLUEBERRY LANE R �..� � am•� TNLG 5ue9rvt9axnnrKrmxG�TlDATTHE REqu6ra�TNEawNxs ao , PRIVATE N89°I31TW 92$1' CAEM1TFGYol—cNL LOISTPa55L'FN1w5NNt5 ARba[ARTLI FIOYMO$('FOPV#ION (PRIVATE) T T no]sw nwAoala¢nsstFwvrsatGn'rn.ton TrRsatNa 9o£Aa9 rmvAoo ---..—..— CF8N551fanP/f5FGNN0.l aND MGYAW/PARTMFflii5l1aRM5IGY nN T14 SL5TSIDE —..-- -.._ -- - NOndRa Ntl.] E]/f WR.SEC 11 J THE Bp.w099rf64 T1aG51l5nMF1al1 WA56TA5LI5a4`DI�ItANAPPRGVIU NWAl10 BIIBOP]I810N NO.2 \ - HR lie, V,F PG G lu4F0 [➢'F 2119811Z94 J 9R 112,PG 18989 f r PaELIww9Rrrvar,ANo rNEmaxua-n'rs erolvn nEaEonxavE e¢wamFmEnAnn I I 1 I I I L[Yn wR EREVInN5 r7AT5ANO RECUROOF5L12VEY5 —..—.--.. I i Page 7 Page 90 Item#7. C. Landscape Plan(dated: January 12, 2022) E.OVERLAND RD. — �..,Y-ire_ o a �y' t I ---- c ! � _ III K -- } — — -- — --- -- —————— ---- to v: J 4 I II I I rty� I i �t I F a f I I I i II f I I I I n I n O I 0 I I II J T� y E.YACHERON I I a ; OVERALL LANDSCAPE PLAN 1 2 3 4 5 8 7 B Page 8 Page 91 SE)NIAAVHCI NQUOPHiSNOO%0M NV_ld lc]VOSCINV� 9C9 OHVCl 'NVl(]lH3h CIVOU CINV�H3AO iSV3 geZJ7 "77,77%l: ]EN-1-11A OCIVAOA NVICI U -rig- DN h Z LLI LLI Li "k LU L21C, < Page 9 ---------' Page 10 Item#7. VII.PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS I. The Applicant is to meet all terms of the approved annexation and preliminary plats (H-2016- 0112,H-2017-0104), conditional use permit(H-2020-0123), and amended development agreement(Instrument#2021-102395)for this development. 2. The Applicant has until June 3,2023,two years from the date of signature on the most recently signed final plat phase(Movado No. 9),to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat by the City Engineer,the final plat prepared by Sawtooth Land Surveying,LLC(Exhibit B), dated January 10,2022, shall be revised as follows: a. Note#8: Include encumbered lots within this subdivision. b. Note#11: Include the latest DA instrument number for these properties(2021-102395). c. Note#13: Include recorded instrument number. d. Add a note addressing any shared parking and/or access between the commercial and multi- family lots. Provide a copy of the recorded shared parking/access agreement with the Planning Division at the time of Certificate of Zoning Compliance application submittal. e. Add a note addressing cross-access to the Boise parcel to the east(S1121110200), as required by the Development Agreement. Visually showing the location of this cross-access would also be a benefit. 5. The landscape plan prepared by Breckon Land Design(Exhibit C), dated January 12, 2022, is approved as shown. All buffer landscaping has been installed and shall remain protected during construction. 6. The applicant shall comply with the submitted elevations within the approved Conditional Use Permit(H-2020-0123). 7. All fencing shall be installed in accordance with UDC 11-3A-7 and the vinyl fencing along Overland Road shall be removed as proposed at the public hearing for Movado Mixed-Use(H- 2020-0123). 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-313-1 IC. 9. 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 for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of any building-pefm4 Certificate of Occupancy,the final plat shall be recorded. 12. Prior to the issuance of any building permit,Applicant shall obtain applicable Certificate of Zoning Compliance and Administrative Design Review approvals for any commercial or multi-family building. 13. Sewer main cannot pass through infiltration trenches, a 10-foot separation between the structures should be maintained. A gap in the infiltration trench to accommodate the sewer main is an acceptable layout. Page 11 Page 94 Item#7. 14. A minimum 20-foot-wide easement is required for all sewer outside of right-of-way which must be free from all encroachment including but not limited to other easements, buildings, carports, overhangs, infiltration trenches, light poles, fences, trees, shrubs, etc. The sewer main along the eastern edge of the subdivision does not currently comply with this requirement. 15. A 14-foot-wide access road is required to cover all manholes if the area remains unpaved. 16. Along the eastern boundary of the subdivision a single 8" water main should be connected from Movado Way through the two buildings; fire hydrants and water meters can be installed from that 8" main. 17. The proposed water main near the proposed infiltration trench shall be a solid piece of pipe with no joints. 18. Streetlights are required along Overland frontage. A streetlight plan must be submitted and approved prior to final plat signature,and installation of streetlights must be completed prior to any type of occupancy. 19. If the required fire flow is greater than 1500 gallons per minute, contact Public Works Department for modeling. VII. GENERAL REQUIREMENTS 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 Page 12 Page 95 Item#7. 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 11-1-4B. 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 Page 13 Page 96 Item#7. 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 14 Page 97 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Healthy Living Condominiums (SHP- 2022-0001) by KM Engineering, LLP, Located at 5155 S. Hillsdale Ave. Page 98 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC f1E bN,, AND DECISION& ORDER In the Matter of the Request for Short plat to Condominiumize Portions of an Existing Building to Create Two(2)Units for Ownership Purposes with Five(5)Limited Common Areas for Healthy Living Condominiums No. 2,by KM Engineering,LLP. Case No(s). SHP-2022-0001 For the City Council Hearing Date of: March 1,2022 (Findings on March 15,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 1,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 1,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 1,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 1,2022,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 § I I-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 HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001 - I - Page 99 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 1,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a short plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 1,2022, 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 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 11- 613-7C). 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 March 1,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001 -2- Page 100 By action of the City Council at its regular meeting held on the 15th day of March 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 3-15-2022 By Brad Hoaglun, Council President Attest: Chris Johnson 3-15-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-15-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR HEALTHY LIVING CONDOMINIUMS NO.2 SHP-2022-0001 -3- Item#8. EXHIBIT A STAFF REPORT C�WEIIQI !iv�*-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/l/2022 DATE: TO: Mayor&City Council 'F a f I�l�1 FROM: Sonya Allen,Associate Planner c=AM=IT-r�,RD= 208-884-5533 E IGLHIGA�R � L . r SUBJECT: SHP-2022-0001 ?y xis !4 rMaC ltt gp LH Healthy Living Condominiums No. 2 LOCATION: 5155 S. Hillsdale Ave., located in the NW 1/4 of Section 33,T.3N. RJE. Y ; 4 GM1► `,�C7!'Erf W KI DR �ETFHAS� ','iC33 T ti �ry�e � on .,] I. PROJECT DESCRIPTION Short plat to condomiumize portions of an existing building to create two(2)units for ownership purposes with five(5)limited common areas,by KM Engineering,LLP. II. APPLICANT INFORMATION A. Applicant: Nick Bruyn,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner: Young Men's Christian Association of Boise City,Idaho 1177 W. State St., Boise,ID 83702 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 2/13/2022 Radius notice mailed to property owners within 500 feet 2/14/2022 Posted to Next Door 2/14/2022 Page 1 Page 102 Item#8. IV. STAFF ANALYSIS The Applicant proposes a re-subdivision of existing limited common areas(i.e. LC2 and LC3)of Healthy Living Condominiums (H-2017-0075). Portions of the existing limited common areas have been converted to tenant spaces resulting in the reduction and reconfiguration of limited common areas. The proposed short depicts subdivision of air space within an existing building on the YMCA property to create two(2)units(i.e. 8 and 9) for ownership purposes with five(5)limited common areas. In order to accommodate separate ownership and to delineate between limited common areas between the YMCA and St. Luke's portions of the building,the air space in the existing structure is proposed to be condominiumized as shown on the short plat in Section VI.A. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard this item on March 1,2022.At the public hearing.the Council moved to approve the subject SHP reguest. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representative) b. In opposition:None C. Commenting: None d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative) 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 2 Page 103 Item#8. VI. EXHIBITS A. Short Plat(date: 10/5/2021) PLAT OF HEALTHY LIVING OONDOMINIUMS No.2 RRESIIIDMSIDN03 NMEEDOD WN AREASANDCOIR.IDNAREAi Di k FI VYIMNGCD�LVMINIURC, $ LTUM-14 AP01 ION-OFMNORTNLs W40P T1IE NORBNWEST iM SECTION 33 MWNSNIP31—.11-1B .00L4 NFRl]IAIR CITY GP IIEIIDER N,AD0.cm iY,IDRIIR. fA1i ye. 2021 12— 79 1i AEI N1,xe+e __ _ ___ __ ser,s•v2 6s.w=___ _Al_ as RI,R Cf[f11EI1CDVn x�l�mom zcw ss x.�.••ea �.�� fa xw eomwr wn xegm u,v ,rr.Lee mo HIYltorowy Fxm[amner31d11bbAelon Nv.i 6HFL'E INDM nao' xsn' eeeo'eN- swmnu� IL.u' __ __ __ __ I.ak SLB,Pie,11,131-i],i3-0 __ __ Sx BFT,-.PNi wP,x07E3.4xE/CREM ii$[3 SnM 2 NSMI£IdY Aff.A �albo' b,P ab„tl,' xalyyl�� IPAa• I BNEE1 3-9]flnMDIETdY 1NFA cx ixar xiuw vista luu azV rtsY SN EFT 4- ER 5-ouko l Krr NWR u !KW' FeY IW'#Y+ n,�{y3pE ILt1' SUT1e.$ p mIE A aWu• xwYY1P11 a,V ¢�yJ'T EHII PiIN 5a1M i 5NEE1] OMMFI rRO O�FlCiiE5DF 6( PM�dPPROpL. � 5lP16'd 5'E 91R1�' 1 LEGBNn IIIIE]111F ` 1 $ IRn11gP 11nii cv�le IIl1m ue I � rssx.m sxe,ram w� .awo,vr � � � I ! 9 mimwi xmm•e,�•,•61L r•• d a..x 'a,ewtlo'. 1 Y LL.1 nsea'in � "'�"� ! mouww 1t1em eawPw.1 ue v �Ml sisoGeot 0� � f I � LWLP m.uix 1m / 1 I norg LC 10 I� x oMcm��m m iu[a ucw ono xrxssG x[ ua Ean arirlae '+m,�f L g� tr I�� w�,i EarvEm a+u a 1�i�wc.n..xEs��ie ax gP1ri>ti rWM�x LC @f 8 fi UNITe SpM(.xxL4S � w 1x xL• I I .so.�xs.ov��1`�Rppu�x m.�l�ryrof�wm nc caWc«..ca.1�y�� t1 P.Y.uf 99 roYExWuPa-��yryy w1m¢mxo��xpp�px�nxaElNp� f I S��OOrVt +Fe.ry*3�4 1Ttr-0PTW MP K�yR�KO xl'li y� 449 a� I I [aM_ryiP,m:x yPsivateMn��aaua�.�m_�iu�aaw�n��ra�sf,.�e om�.nWne sLC 12 4 Llx a IECbAR�rv'SGb. M.i215 rxd l�h1[aro a�oNEIFb .! +-0xPoxlx4W iw1 E �..ne° �°in m o®uo K acne xwvnls s LC LL IINR 9 � v Ina Ywwx Ierxm� �� kNRAE1'NlVPRRTIY'f ilk/ LatLlIPdL I I min"i�n"�°w� ��ma�y/,� M n�ivmxs%°na1 a.��itia� e• 1lwhky l.,t�46d,11 �i nnnd ,rc uxim K WUi Q+i, M y Lt J I • i assc�,ns ttw sa msrn[x 2- oc U w—surtnuv ��o�erg wwx�wew.i. W / s.reamw ,,uyyy�� Ir I xE.me o�u..�r1O1�i� � ^°'w ttw.�T�.uc o MI P 5i50t I 1 nK�a�nra w�>a�nNi* ___—___—___—___ .— n IEESEREINCFS P.,xl'E'.q.O.3.no.IINS 1A31ta3.-� `1•s.n r cI kk_ 4 n loln[5l1�[vulktHa] �e�la�x,m,e�-wooSu n1�w PM uae�ul [IEYE R �++• P YMCA Page 3 Page 104 Item#8. PLAT OF HEALTHY LIVING CONDOMINIUMS No.2 yl6 51' a caY �xR6 ' NORTHWEST "s y ' YMCA nYV� V a km :E MAtta 4NE-$EESXEET3 p1A7 OF HEALTHY LIVING CONDOMINIUMS No.2 MATOi uNE-SEE SHEET 2 V' n9 6°' '1 �xaounuc ° rr ate:wx�uxvu in � mT°�s s y N �msorw'� .ee SOUTHWEST l!2ZXZ= �, ' EKs3:22=uwe d u u ! x�2 •1 Ian YMCA ' eoia,ioww Page 4 Page 105 Item#8. PLAT OF HEALTHY LIVING CONDOMINIUMS No.2 1� 1 8gg aR ul9 y N «.ennY w's.swd:,ie� uW9 SOUTHEAST �.w JNR9 w*•= b L 9 � w I �m eic�irvrw, YMCA wnl,iwRo PLAT OF --- HEALTHY LIVING CONDOMINIUMS No.2 1 �y TIT L v----------------------- I PROF9E OVERNEW H g p n m w m BUILDING PROFILES 662p s YMLA �•� ewss_imwo Page 5 Page 106 Item#8. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the annexation & zoning and development agreement (AZ- 14-012, Inst. #2015-003138; PP-14-014; H-2017-0075) approved for this property. 2. The final plat prepared by KM Engineering, stamped on 5/11/2017 by Kelly S. Kehrer, shall be revised as follows: a. Note#5: Include the recorded instrument number for the amended declarations. 3. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 4. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. There are no new changes to the domestic water or wastewater infrastructure serving this development.The City will not bill individual condos owners for water and sewer usage.There will be a single bill to the HOA, and it is the HOA's responsibility to bill tenants. General Conditions: 2. 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. 3. 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. 4. 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. 5. 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 11-313-14A. 6. 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. 7. The City of Meridian requires that the owner post with the City a performance surety in the Page 6 Page 107 Item#8. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Page 7 Page 108 Item#8. 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. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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. 23. 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. 24. 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. 25. 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. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use - Neighborhood. The current zoning district of the site is C-N. The City Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-N district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are adequate to serve the site. Page 8 Page 109 Item#8. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; The City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The City Council finds that the development will not require major expenditures for providing supporting services. Sewer,water,utilities and pressurized irrigation already serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 9 Page 110 7/tem 77 E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0065 Aviator Springs) Between the City of Meridian and Acclima, Inc. for Property Located at 3235 N. McDermott Rd. Page 111 ADA COUNTY RECORDER Phil McGrane 2022-026378 BOISE IDAHO Pgs=53 BONNIE OBERBILLIG 03/16/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Acclima, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this day ofmf , 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 Acclima,Inc.,whose address is 1763 W.Marcon Lane, Suite 175,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 § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHERE AS,Owner/Developer has submitted an application for a annexation and rezone on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes haw 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—AVIATOR SPRINGS(H-2021-0065) PAGE I OF 7 1.7 WHEREAS, on the 8`h day of February, 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 Acclima,Inc.,whose address is 1763 W. Marcon Lane, Suite 175, Meridian, ID 83642 hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 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. DEVELOPMENT AGREEMENT-AVIATOR SPRINGS(H-2021-0065) PAGE 2 OF 7 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. Development of the subject property shall be generally consistent with the preliminary plat, phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed (i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. The commercial buildings proposed in the development area on the east side of future SH-16 shall be arranged to create some form of common, usable area,such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use — Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along fixture SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north (i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 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 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. DEVELOPMENT AGREEMENT-AVIATOR SPRINGS(H-2021-0065) PAGE 3 OF 7 Item#9. 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 67-6511A,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. 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 DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 4 OF 7 Page 115 Item#9. 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: Acclima, Inc. 1763 W. Marcon Lane, Suite 175 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. 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. DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 5 OF 7 Page 116 Item#9. 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. 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—AVIATOR SPRINGS(H-2021-0065) PAGE 6 OF 7 Page 117 Item#9. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Acclima, Inc. By. CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-15-2022 Chris Johnson, City Clerk 3-15-2022 By Brad Hoaglun, Council President STATE OF IDAHO ) ss: County of Ada ) On this 2 day of 2022,before me,the undersigned,a Notary Publi in aqd or said State, personally appeared.5Cz)t-t n de&—scn known or identified to me to be the �s�eM-& of Acclima,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 off ial seal the day and year in this certificate first above written. =STEVENI68 at bl c forC esiding at: O My Commission Expires: RESIDING IN MERIDIAN STATE OFIDAHO )ss COMMISSION EXPIRES: 11/21/2026 County of Ada ) On this 15th March day of , 2022, before me,a Notary Public, personally appeared Brad Hoaglun ouncil i and Chris Johnson,known or identified to me to be theresident 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: DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 7 OF 7 Page 118 Item#9. EXHIBIT A LEGAL DESCRIPTION it THE LAND Page 1 OF 1 GROUP July 9.2021 Project No_: 120124 EXHIBIT"N' ANNEXA6TION I REZONE AVIATORSRINCS SUBDIVISION ACCLIMA'JNC_ An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 North,Range 1 West, Boise Meridian,Ada County, Idaho,being more particularly described asfolfows: BEGINNIN O at the East One Quarter camerof said Section 32(from which the Southeast corner of said Section 32 bears South DY 29'50"West,2633.22 feet distant}, Thence South 00'29'50"West,13 16.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 99'20'147'West, 1324.23 feet,to the Southeast One Sixteenth corner of said Section 32; Thence North 00'33'03" East,1316.33 feet,to the Center East One Sixteenth corner of said Section 32; Thence South 89"19'39"East, 132300 feet,to the POINT OF BEGINNING: The above described area of land contains 40.0 acres,more or less_ PREPARED BY: The Land Groin,Inc. Michael Ferrenia, PLS k ? OF 1 �a II� 1 Aviator Springs— H-2021-0065 Page 119 Item#9. EXHIBIT A CIE 1116M SffiflrAPE 1323W E1fd — POE l Annexation / Rezone far ACCiima. Inc. Being the NE 114 of the SE 114 of Sestian 32 Township 4 North,Range i West,Boise Meridian Ada Coup,Idaho 2021 c7 g' NINEXATHIN f RELINE S AREA:±40.0 Acres NE OF 711E SE i 5E 1f101h 5111M E ' N8M0'14"W 1324-23' I alp L LA � 53 S.32 S.33 o� S.5 q�S.4 L ' SE CDR SEC 32 u }TIL9ZC31 O 25R' 454 u d' 2 Exhibit B Horizordel Scale:T=251Y 120194 Babe of IaauamE:July 9.MZI1 THE Annexation Rezone , LAND Aviator Springs Subdivision GROUP Acciima Inc. ,- ��a Aviator Springs— H-2021-006S Page 120 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N,, AND DECISION& ORDER In the Matter of the Request for Annexation of 40-Acres of Land with R-8(27.63 acres),L-O (1.64 acres) and M-E(10.72 acres)Zoning Districts; and Preliminary Plat Containing a Total of 112 Lots Consisting of(93)Buildable Lots and(13)Common Open Space Lots on 27.63-Acres of Land in the R-8 Zoning District; (2)Buildable Lots on 1.64-Acres of Land in the L-O Zoning District; (1) Buildable Lot on 10.72-Acres of Land in the M-E Zoning District; and(3)Future Right-of-Way lots on 40-Acres of Land for Aviator Springs Subdivision,by The Land Group. Case No(s). H-2021-0065 For the City Council Hearing Dates of. December 14,2021 and January 25,2022 (Findings on February 8,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 25, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 25,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 - I - Page 121 Item#9. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 25,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation&Zoning is hereby approved with the requirement of a Development Agreement; and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 25,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -2- Page 122 Item#9. property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of January 25,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -3- Page 123 Item#9. By action of the City Council at its regular meeting held on the 8th day of February 2022. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. kmis n 2-8-2022 Attest: CUEIDIAN SRAI. Chris Johnso 2-8-202 , City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-8-2022 City Clerk's Office rN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -4- Page 124 Item#9. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING January 25,2022 Le 9 e n d DATE: Continued from:December 14, 2021 `` TO: Mayor& City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0065 --- ------ Aviator Springs—AZ,PP LOCATION: 3235 N. McDermott Rd., in the SE '/4 of Section 32,TAN.,R.1 W. (ParcelsI El r #R7824220044&#R7824220042) --- :2 -- -- I� 54 ♦_5 1 r I. PROJECT DESCRIPTION Annexation of 40 acres of land with R-8 (44-49 27.63 acres),L-O(1.64 acres) and M-E(6-.77 10.72 acres)zoning districts; and Preliminary plat containing a total of 112 lots consisting of(93)buildable lots and(13)common open space lots on 31.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6—.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40 acres Existing/Proposed Zoning RUT in Ada County Future Land Use Designation Mixed Use—Neighborhood(MU-N) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)&a church(seminary) Lots(#and type;bldg./common) 112 lots(96 buildable/13 common/3 future ROW) Phasing Plan(#of phases) 2 phases Number of Residential Units(type 93 SFR detached dwellings of units) Density(gross&net) 3.0 units/acre(gross);3.92 units/acre(net) Open Space(acres,total 7.64 acres(or 23.8%)common open space [%]/buffer/qualified) Amenities Community swimming pool&changing rooms,multi-use pathway,qualified open space in excess of 20,000 square feet. Page 1 Page 125 Item#9. Description Details Page Physical Features(waterways, The Eight Mile Lateral crosses the southwest corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 7/7/21;3 attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via the extension of two local streets(N. (Arterial/Collectors/State Keklik Ave. and N.Alameda Creek Ave.)at the north boundary Hwy/Local)(Existing and of the site. Proposed) Traffic Level of Service Ustick Rd.—Better than"E" Stub A stub street is proposed to the property to the south for future Street/Interconnectivity/Cros extension. s Access Existing Road Network A north/south collector street(Owyhee Storm Ave.)exists'/4 mile to the west of this site,which provides access via a local street to this site through Chukar Ridge Subdivision to the north. Existing Arterial Sidewalks/ NA Buffers Proposed Road Ustick Rd.is listed in the CIP to be widened to 5-lanes from Star Improvements Rd.to McDermott Rd.between 2026 and 2030. Fire Service • Distance to Fire Station 4.5 miles • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#2—cannot meet response time goals. When Fire Station#8 is constructed in late summer of 2023, it will be within the 5:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. Project will require a secondary emergency access in order to exceed 30 lots or buildings will need to be sprinklered. • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance from 4.2 miles police station Page 2 Page 126 Item#9. • Police Response Priority 3 (goal is within 3 to 5 minutes): 3:47 Time Priority 2(goal is within 8 to 10 minutes): 7:06 Priori 1 (goal is within 15 to 20 minutes): 10:43 West Ada School Approved prelim Approved MF District plat parcels per units per Miles Enrollment Capacity attendance area at, area u r-sos nooy • Distance(elem, Pleasant View Elementary 546 650 3089 21 2.9 ms,hs) Star Middle School 823 1000 7967 278 7.1 • Capacity of Owyhee High School 1477 1800 5782 58 0.0 Schools School of Choice Options • #of Students Chief Joseph School-Arts 507 700 N/A N/A 6.8 Enrolled Barbara Morgan-STEM 659 750 N/A N/A 4.5 • #of Students Predicted from 93 school aged children predicted from this development by WASD. this development I School Impact Table Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North McDermott Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.21 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works site specific conditions Page 3 Page 127 Item#9. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend - �• ,, Project Lac.ion ':Project Luca for \ ! 1►tie 'IU � Ih�� Res dentlal , Relt771?IC7 i IY MU t RG U MP F Zoning Map Planned Development Map Legend - _ [ Legend 0 Prcvject Lz ca nor \ Ia Pr —'Lorca for � UI RUT i City Lim""- - I �R-4 — Planned Parce`s RUT IL " R-4 " A. Applicant: Matt Adams, The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle,ID 83616 B. Owner: Acclima, Inc.— 1763 W. Marcon Ln., Ste. 175,Meridian, ID 83642 C. Representative: Same as Applicant Page 4 Page 128 Item#9. III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/5/2021 11/28/2021 newspaper Notification mailed to property owners within 300 feet 10/5/2021 12/2/2021 Applicant posted public hearing notice on site 10/11/2021 12/2/2021 Nextdoor posting 10/5/2021 12/6/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use -Neighborhood(MU-N). The purpose of the Mixed-Use designation is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers. The intent is to promote developments that offer functional and physical integration of land uses,to create and enhance neighborhood sense of place, and to allow developers a greater degree of design and use flexibility. NOTE: Given the limitations with surrounding land uses,existing development pattern,poor access and bifurcation of the property with the extension of SH 16,it is not feasible to achieve full integration of uses as desired in MU-N areas.However,the applicant's narrative does discuss how they believe the proposed development is consistent with the MU-N designation. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single- use developments by incorporating a variety of uses.Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined,narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3B of the Comprehensive Plan. The proposed development consists of a total of 93 single-family detached dwellings, an LDS seminary, a lot to be donated to the Boys and Girls Club for a future facility and commercial(research &development)uses consisting of one(1 20) 000 square foot(s.f.)research and development facility and one(1) 12,000 s.f. research and development greenhouse with 8,000 s.f. tenant offices. The gross density of the residential area is 3.00 units per acre,which is significantly less than the desired range of 6 to 12 units per acre in MU-N designated areas. The primary use proposed is residential as desired; however,no supporting non-residential services are proposed. Although commercial uses (i.e. employment opportunities)are proposed on the east side of the development,they are not directly accessible from the proposed neighborhood due to the future extension of SH-16 through the site which will separate the residential from the commercial uses. In reviewing development applications,the following items will be considered in MU-N areas: (Staffs analysis is in italics) Page 5 Page 129 Item#9. • Development should comply with the items listed for development in all Mixed-Use areas as follows: o A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. The proposed development includes three 0 four Adifferent land use types (i.e. residential, commercial o ace and civic). o Where appropriate,higher density and/or multifamily residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.Due to limited access for the western portion of this site and constraints due to the future extension of SH-16 through this site with no access allowed via the highway, Staff is of the opinion a higher density development is not appropriate for this site. Additionally,for the same access constraints, the western portion of this site is not viable as an employment center. o Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation. A conceptual development plan was submitted after the Commission hearing for the non-residential portion of the development as shown in Section VII.H.A development agreement is required as a provision of annexation with the provisions listed in Section VIILA.1. o In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space. ai-ea en the east side ej9cutHre SH 16, Me s4e sheuN be designed and buildings aHwn� in eet•-'wiM this -vide ine. The conceptual development plan shown in Section VILH depicts a plaza area between the two commercial buildings. o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. Commercial uses consisting of research &development facilities and tenant offices are proposed on the east side of future SH-16. The future highway will provide a separation between the commercial and residential uses. o Community-serving facilities such as hospitals, clinics, churches, schools,parks, daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments.An LDS seminary and a lot for a future Boys& Girls Club is proposed on the L-O zoned lots which will provide community-serving uses within the development. o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.A high school(Owyhee) abuts this site on the west.A plaza is proposed on the conceptual development plan between the two commercial structures. o Mixed-use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered.Although a mix of residential, civic and commercial uses are proposed, this isn't a typical mixed-use development due to the Page 6 Page 130 Item#9. limited access&connectivity available to the site and the future extension of SH-16 through this site. o All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types.Vehicle connectivity should not rely on arterial streets for neighborhood access. Two vehicular accesses (local streets)with pedestrian sidewalks alongside and a pathway through a connected common area (i.e. Lot 9, Block 2) are proposed between the development to the north (Chukar Ridge) and the subject development. Pedestrian connections are also proposed for interconnectivity between the high school campus to the west and the proposed seminary and lot where a Boys & Girls Club is anticipated to develop along the west boundary of the site. A multi-use pathway is proposed through the common area along the east boundary of the site, which will provide a connection between adjacent developments to the north &south. Because SH-16 will bisect this site, it's not feasible for the commercial portion of the site to be connected to the residential/civic portion of the site. o A mixed-use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternative modes of transportation. Because this site doesn't have direct access via a collector or arterial street, a public transit facility is not feasible on this site. o Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types.Roadways are proposed as a transition between residential and civic uses. Only one housing type (i.e. single-family detached) is proposed. o Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein. This guideline is not applicable. In reviewingdevelopment evelopment applications,the following items will be considered in MU-N areas: (Staff s analysis in italics) • Development should comply with the items listed for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre.Residential uses comprise 76%of the developable area including open space;however, the gross density proposed of 3.0 units per acre is significantly below the target density noted in the guidelines for development in MU-N designated areas. Because this site does abut a future highway, staff has also calculated what the residential acreage would be if the buffer along the state highway was removed. With the buffer removed, the developable acreage would total approximately 21.22 acres; increasing the density for 3 units to the acre to 4.38. Staff is of the opinion that additional density can be accommodated within the proposed development. The applicant could provide a more diverse mix of dwelling units in the form of alley-load, townhomes, or secondary dwelling units, as submitted one type of dwelling is proposed. The feasibility of multi family in the area is desirable as there is no employment proposed for the portion of the property that is mostly residential. Staff anticipates higher densities to development on the property directly south of this one based on its designation of Mixed-use Regional. In making the finding for consistency with the plan the Commission and Council should determine if the proposed density is appropriate for this project due to the limiting factors noted in this section of the report. Page 7 Page 131 Item#9. • Non-residential buildings should be proportional to and blend in with residential buildings. Future civic buildings should comply with this guideline. • Three specific design elements should be incorporated into a mixed-use development: a) street connectivity,b)open space, and c)pathways. Street connectivity, open space and pedestrian pathways are proposed in this development and connect to the abutting residential development to the north and the future development to the south. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses,maximum building size should be limited to a 20,000 square-foot building footprint. For the development of public school sites,the maximum building size does not apply.None of the proposed structures exceed a 20,000 square foot building footprint. • Supportive and proportional public and/or quasi-public spaces and places such as parks, plazas, outdoor gathering areas, open space,libraries,and schools should comprise a minimum of 10%of the development area. Outdoor seating areas at restaurants do not count towards this requirement.Although not on this site, a high school exists on the adjacent property to the west; a large amount of open space (5+/-acres) is proposed along the east boundary of the residential development abutting the SH-16 corridor.A total of 19.1% qualified open space is proposed overall. • Where the development proposes public and quasi-public uses to support the development above the minimum 10%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.None are requested. • A straight or curvilinear grid or radiating street pattern is encouraged for residential areas, and most blocks should be no more than 500' to 600' long, similar to Old Town or Heritage Commons; larger blocks are allowed along arterial streets. The proposed development generally meets this guideline. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type,single-family detached, is proposed in this development. Other housing types(i.e. single-family attached units, townhomes,secondary dwellings or multi family)could be added to this development for variety, which would increase the density of the development more in line with the guidelines for mixed use designated areas. However, because of the limited access to this site, Staff is hesitant to recommend more units be provided in this development. If Commission feels a variety of housing types at a higher density should be provided more in line with the MU-N designation, Commission should require revisions to the plat accordingly. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available in Chukar Ridge Subdivision to the north and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response time for the Police Dept.falls within the established goals. At this time, the emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 8 is constructed in the summer of 2023, it will meet the response time goal. Page 8 Page 132 Item#9. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed uses and site design are compatible with each other and with the existing high school to the west. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) A 10 foot wide multi-use pathway is proposed within the common open space area adjacent to future SH-16, which stubs to the north and south for interconnectivity with adjacent development; other pathway connections are proposed to this pathway throughout the development. A pedestrian pathway is also proposed to the high school campus to the west.A substantial amount of usable open space&quality amenities is proposed in this development. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS)was required by ACHD for this development and was taken into consideration in ACHD's report. WASD submitted comments stating that approximately 93 school aged children are estimated to be generated by this development; enrollment at the affected schools is currently under capacity. The closest City Park to this site is Seasons Park, a neighborhood park consisting of 7.13 acres, to the southeast of W. Ustick Rd. and N.McDermott Rd.A future City Park is designated on the FL UM within a half mile of this site to the northwest. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design features a large linear common open space area as a transition and buffer between the proposed residential area and future SH-16. Lots proposed along the northern boundary are compatible in size and area with those in Chuker Ridge. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above.Although the proposed density is below that desired in MU-N designated areas and there are no supporting services for the residential development, Staff believes the proposed development is appropriate for this area based on the lack of access available to the site from collector or arterial roadways. The LDS seminary and land proposed to be donated for a Boys & Girls Club will provide religious and childcare Page 9 Page 133 Item#9. facilities within close proximity to the high school on the abutting property to the west which will be a benefit for area residents and the community. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDO A. Annexation: The proposed annexation area consists of 40 acres of land with R-8 (31.59 27.63 acres),L-O (1.64 acres)and M-E(6-.7-7 10.72 acres) zoning districts. As discussed above in Section IV.,the uses proposed in this development are consistent with the MU-N FLUM designation. The proposed residential use(i.e. single-family detached homes) is principally permitted in the R- 8 district; future development should comply with the dimensional standards listed in UDC Table 11-2A-8. The LDS seminary(i.e. church or place of religious worship)is principally permitted in the L-O district, subject to the specific use standards listed in UDC 11-4-3-6;the Boys&Girls Club(i.e. civic, social or fraternal organization) is a conditional use in the L-O district, subject to the specific use standards listed in UDC I1-4-3-7; and research and development is a principal permitted use in the M-E district-future development should comply with the dimensional standards for the applicable district in UDC Table 11-2B-3. The property is contiguous to City annexed land to the north and west and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit maps for the R-2 and R-4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. To ensure future development is consistent with the development plan proposed with this application and with the Comprehensive Plan, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. Beeause a eeneeptual develepmen4 plan wasn't ineluded in this appheation for-the eeflifaer-eial development plan feF that;Vva oh-at is eoasisteat with the development pidelines in the Comprehensive Plan for-the MU N designation. After the Commission hearing, a conceptual development plan was submitted for the commercial M-E zoned portion of the site that is consistent with the development guidelines in the Comprehensive Plan for the MU-N designation. B. Preliminary Plat: The proposed preliminary plat consists of a total of 112 lots consisting of(93)buildable lots and (13)common open space lots on 3 1.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6-.W 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land for Aviator Springs Subdivision. The future ROW for SH-16 totals 7.9 acres and the McDermott ROW is 0.8 of an acre. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. The first phase will contain the land on the west side of future SH-16 and the second phase will contain the land on the east side. The Applicant requests approval for one building permit for the LDS seminary building to be issued prior to subdivision of the property. Because there are no structures on this property, Staff is amenable to the request. Page 10 Page 134 Item#9. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed to the western portion of the development via the extension of two(2)local streets from the north from Chukar Ridge Subdivision.A temporary emergency access easement has been granted to the subject property by WASD through the school property until such time as another acceptable secondary access is provided to the site that meets Fire Dept. requirements. Future SH-16 is planned to bisect this site on Lot 1,Block 5. Access is proposed to the eastern portion of the site via N. McDermott Rd. Direct access via future SH-16 is prohibited. One(1) stub street is proposed to the south for future extension and interconnectivity. Typically, a street generally paralleling the state highway is required with development to provide connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road. Because the developments to the north(i.e. Chukar Ridge&Gander Creek)did not provide such a road, Staff is not requiring one with this development. The stub street to the south is located at the back edge of the street buffer along future SH-16,which can be extended to the south to Ustick Rd. in accord with UDC 11-3H-4B.3. Parking(UDC 11-3 : Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed for guests in the residential area along with another 28 spaces as depicted on the parking plan in Section VII.E. Staff is of the opinion sufficient parking can be provided for this development. Off-street parking is also required for the 600 square foot building/changing rooms at the community swimming pool. A minimum of(1) space is required; a total of 11 spaces are proposed, including(1)ADA space,in excess of UDC standards. Pathways(UDC 11-3A-8): The Pathways Master Plan does not depict any required multi-use pathways on this property. A 10' wide multi-use pathway is proposed within the common open space area adjacent to future SH-16. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for Phase 1. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC I I- 3A-17E. Because tree-lined streets are desired in MU-N designated areas, Staff recommends Page 11 Page 135 Item#9. trees and landscaping are added within all parkways per the standards in UDC 11-3A-17E and 11-313-7C. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required on both sides of future SH-16, a state highway and entryway corridor. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require a mix of trees and shrubs, lawn, or other vegetative groundcover—shrub should be included in the buffer in accord with this standard.A dense buffer is proposed on the west side of future SH-16 consisting of a mix of deciduous&coniferous trees; shrubs should be added as required by UDC 11-3B-7C. No buffer is depicted on the east side of future SH-16; a minimum 35-foot wide street buffer is required in a common lot or a permanent dedicated buffer with landscaping included on the landscape plan in accord with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of pathways planted with a mix of trees, shrubs,lawn and/or other vegetative ground cover. The Landscape Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Qualified Open Space(UDC 11-3 A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,40 acres, a minimum of 4 acres of qualified open space is required. The open space exhibit in Section VII.D depicts 7.64 acres(or approximately 23.8%) of common open space for the development in excess of the minimum standards. The exhibit includes all of the street buffer along future SH-16,whereas only 50%of the buffer qualifies per UDC 11-3G-3B.4; however,the amount of open space still exceeds the minimum standards. Qualified Site Amenities(UDC 11-3G� A minimum of one(1) qualified site amenity is required for developments over 5 acres in size and up to 20 acres,with one(1)additional amenity required for each additional 20 acres of development area. Based on a total of 40 acres of the residential development area, a minimum of two (2) qualified site amenities are required.A swimming pool with changing rooms,pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children's natural play structures are proposed as amenities in excess of the minimum UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineeringeport for the subdivision. Page 12 Page 136 Item#9. Pressure Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-M: The Eight Mile Lateral is a large open waterway that crosses the southwest corner of the site lies within a 50-foot wide irrigation easement that is proposed to be piped. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1A-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-6B. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. Fencing(UDC I1-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall open vision metal fence is proposed adjacent to internal common open space areas to distinguish common from private areas. A 6-foot tall solid vinyl fence is proposed at the back edge of landscape buffers along local streets and at the rear of building lots facing future SH-16.A 6 Noise Attenuation Wall(I1-3H-4D : Noise abatement is required for residential uses adjoining a state highway. A berm or berm and wall combination is required to be constructed parallel to the state highway that meets the standards listed in UDC 11-3H-41). A 6-foot tall fence/wall is proposed on the landscape plan that does not meet the required standards as there is no berm proposed. In accord with City Council's direction on previous developments to the north(i.e. Chukar Ridge& Gander Creek subdivisions), Staff recommends a 6-foot tall berm with a 6-foot tall wall on top of the berm is constructed within the buffer along future SH-16.The berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the state highway; the wall must meet the standards in UDC 11-311-41).3.A detail of the proposed berm/wall combination that demonstrates compliance with the standards listed in UDC 11-311-41) and as recommended by Staff should be was submitted with the fin for-the first phase of developm after the Commission hearing.Alternative compliance may be approved by the Director as set forth in UDC 11-5B-5 where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: Two(2)conceptual building elevations were submitted for future homes in this development as shown in Section VII.G. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut future SH-16 will be highly visible,the rear and/or side of structures on lots that face the highway should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs), bays,banding,porches,balconies, material types,or other integrated architectural elements Page 13 Page 137 Item#9. to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the requirement of a DA with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Matt Adams, The Land Group b. In opposition:None C. Commenting: Todd Tucker, Boise Hunter Homes(BHH) d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. BHH requested the stub street to the south be shifted further to the east to align with the planned location of the street in their future development; b. The Applicant stated they'd like to.pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys& Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. 3. Key issue(s)of discussion by Commission: a. The single public street access to this development; b. Secondary emergency access and parameters of the M-E zone. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C The Meridian City Council heard these items on December 14,2021 and January 25,2022.At the public hearing on January 25',the Council moved to approve the subject AZ and PP requests to January 25,2022. 1. Summary of the City Council public hearing: a. In favor: Matt Adams, The Land Group; Ron Hopper;Hethe Clark, Clark Wardle b. In opposition:None c. Commenting: Todd Tucker,Boise Hunter Homes; Travis Hunter,Boise Hunter Homes; Sue Waggoner;Mark Waggoner. d. Written testimony:Bart Hamilton,David Austin,Holly Miller,Jen Johnson,Jennifer Reese,Lance&Camie Olsen,Maile Thomas.Mathew&Nicole Gamette,Megan Roos Trish Dildine,Troy Ball,Greg Bo=,Paula Horsager,Melanie Evans;Matt Adams The Land Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimonv. a. Many letters in support of the LDS seminary were submitted; b. The Applicant submitted a response to the Commission recommendation(in agreement); Page 14 Page 138 Item#9. c. Todd Tucker,Boise Hunter Homes,requested the stub street to the south be shifted further to the east closer to future SH-16 to align with the planned location of the street in their future development: d. Concern pertaining to impacts on water usage and from traffic generated from this development and public safety: e. Updated school enrollment calculations resulting in 53 fewer students generated from this development than originally anticipated. f. The property owner to the south requests Council approval of a reduction to the width of the street buffer at the southeast corner of this site along future SH-16 to facilitate a shift of the stub street to the south closer to SH-16 to allow for a reduced buffer width in the future on the adjacent property to the south when it comes in for development: gc Not in favor of the density of the proposed development, desire for it to be less dense. 3. Key issue(s)of discussion by City Council: a. Mr. Tucker's request for the stub street to the south to be shifted further to the east closer to future SH-16: b. Concern pertaining to this development's impact on enrollment at area schools: c. Concern pertaining to this development's impact on transportation in this area: d. Impact on the proposed development from the adjacent school(i.e. traffic,parking possibility of students using the common area and pool,trash, etc.): e. Possible realignment of future SH-16 and resulting impact on the proposed development. 4. City Council change(s)to Commission recommendation: a. None Page 15 Page 139 Item#9. VII. EXHIBITS A. Annexation/Zoning Legal Descriptions&Exhibit Maps � THE LEGAL DESCRIPTION % ��. LAND Page lOF1 v GROUP July 9.2021 Project No.: 120124 EXHIBIT"Au ANNEXATION/REZONE AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 North, Range 1 West,Boise Meridian,Ada County, Idaho,being more particularly described as follows: BEGINNING at the East One Quarter corner of said Section 32{from which the Southeast corner of said Section 32 bears South 00'29'50"West,2633.22 feet distant),- Thence South 00'2W 5W West,1316.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 89'20'147'West, 1324.23 feet,to the Southeast One Sixteenth corner of said Section 32; Thence North 00'33'03" East,1316.33 feet,to the Center East One Sixteenth corner of said Section 32; Thence South BT IV 39"East, 1323.00 feet,to the POINT OF BEGINNING: The above described area of land contains 40.0 acres, snore or less_ PREPARED BY: The Land Group,Inc. ski LA Michael Ferrenia, PLS ` 0. g G ' OF IC] 4w 4,.`3 Page 16 Page 140 Item#9. G=1{1�tth 989 19my 1323.40' — — E11 4— S_33 S_32 j � PUB =' i I Annexation l Rezone for Acclima Inc. Being the HE ir4 of the SE 1;4 of Section 32 Township 4 North.Range 1 West.Boise Meridian Ada County.Idaho ri 2021 t^ ANNEXATION;'REZONE C]i �F ?AREA:±40.3 Acres � NE OF THE 5E Fes, 1 � i — Sf1ftNh 311dthE — — — NBW014NW t 324-23 KLLA SIT O %, V-NS S_33- -S L5 4— SE CUR SEC 32 '# S_ 3 250' 4500' Exhibit "B" ,?{cr��s w H:ritant& Snle:V=254 120194 Gated Issuarce:July 9,20M r THE Annexation I Rezone �- LAND Aviator Springs Subdivision a MMOROUP Acclima Inc. Page 17 Page 141 Item#9. r+- LEGAL DESCRIPTION -: TH E LAN D Page 1 OF 2 GROUP October 18,2021 Project No.: 120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE R-8 REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, 'being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant); Thence North 89°19'39"West,a distance of 262.39 feet on the east-west mid-section line of said Section 32 to a point of curve,said point being the POINT OF BEGINNING; Thence 673.35 feet on the arc of a curve to the left,said curve having a radius of 13,000.00 feet, a central angle of 02'58'04",a chord bearing of South 08"15'59"West,and a chord length of 673.28 feet on the proposed centerline of Highway 16; Thence South 09"45'QO"West,a distance of 657.04 feet on the proposed centerline of Highway 16 to a point on the south line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 89'20' 14"West,a distance of 865.18 feet on said south line to the southeast 1/16th corner of said Section 32; Thence North 00'33'03" East,a distance of 570.42 feet on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence South 89'25' 18" East,a distance of 217.12 feet; Thence North 00'40'21" East,a distance of 176.00 feet; Thence North 89'25' 18"West,a distance of 217.49 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 00'33'03" East,a distance of 19.62 feet on said west line; Thence South 89"25' 18" East,a distance of 217.54 feet; Thence North 00°40'21" East,a distance of 155.94 feet; Thence North 89°19'39"West,a distance of 41.70 feet to a point of curve; Thence 25.23 feet on the arc of a curve to the right,said curve having a radius of 67.00 feet,a central angle of 21'34'42",a chord bearing of North 78'32' 18"West,and a chord length of 25.08 feet; Thence South 22'15'03"West,a distance of 11.20 feet; Thence North 89'25' 18"West,a distance of 147.39 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; 462 East Shore Drive,Suite 100. Eagle. Idaho 03616 208939.4041 therandgroupinc.com Page 142 Item#9. October 19,2021 Page 2 Thence North 00'33'03" East,a distance of 399.96 feet on said west line to a point on the east-west mid-section line of said Section 32; Thence South 89"19'39" East,a distance of 1060.61 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 27.63 acres more or less. PREPARED BY: The Land Group,Inc. �0 pL L.AN�.i` • !� P. 7880 10-19-2021 orq qT or ED James R.Washburn WA, Page 19 Page 143 Item#9. CE 1116th N89119'39"W 1323.00' S.32 S.33 S89°19'39"E 1060.61, 2fi2.39' i S22-15-03-W 11.20' 1 M N89°25'18 C POB E1/4 =1"W 0 147.39 N89°19'39"W i } 41.70' c' r x iz W+ �U x N1i � f i z m + o S89°25'18"E 217,54' LL+ —— N00'33'031 19.62' _ a r I -- i --N89°25'18"W 217.49' i CR Ln a o 1— LU A I i DETAIL o l $ I 1 N CD IC > o i ? ti u'] C w -- — —- I i m S89°25'18"E 217.12' Cm 'o DETAIL C5 ZONE R-8 SCALE:1"= 10(Y AREA:1,203,692 FTC (27.63 AC) i _----N89°20'14"W 865,18' —� _ 459.05' SE 1116th ——— — N89°20'14'W 1324.23' S 1116th E 1.LAR o Curve Table fl ¢ LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH N T a 880 Cl 673.35' 13,000-00' 2W'04' SOW1559-W 673.28' T 10/1912021 5.32 5.33 0 C2 25.23' 67.00' 21°34'42' N78°32'18"W 25,08' 1. T1T OF\1D S.5 S.4 WA SE COR SEC 32 0 250' 500' Exhibit"B" E Hcrzantal Scale:1'=250' 120194 e ` Dane of Issuance:10119/2021 a � THE Rezone Exhibit s LAND Zone R-8 0 GRDUP Page 20 Page 144 Item#9. LEGAL DESCRIPTION THE CLAN D Page 1 OF 2 URDUP August 20,2021 Project No_: 120194 EXHIBIT uA" AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,3oise Meridian,Ada County,Idaho, being more particularly described as follows. Commencing at the East Quarter Corner of Section 32 of said Township 4 North, Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant).- Thence North 89019'39"West,1323.00 feet on the east-west mid-section line to the Center East One Sixteenth corner of said Section 32,- Thence South 00°33'03"West,a distance of 399.96 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 tc the POINT OF BEGINNING, Thence South 8V 25'18"East,a distance of 147.39 feet; Thence North 22'15'03"East, a distance of 11.20 feet to a point of curve,- Thence 25.23 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 21'34'42", a chord bearing of South 78D 32'18"East,and a chord length of 25.08 feet; Thence South 890 19'39"East,a distance of 41.70 feet,- Thence South 000 40'21"West, a distance of 155.94 feet; Thence North 89'25'18"West,a distance of 217.54 feet to a point on the west line of the Northeast Quarter of the Southeast Quarter of Section 32, Thence North OOD 33'03"East, a distance of 150.33 feet on said west line to the POINT OF BEGINNING. The above described parcel contains 33,162 square feet(0.76 acres)more or less. TOGETHER WITH REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which the South 1/16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant); 462 East Share drive, Sulle 1017, Eagle. Idaho 83515 2128.939 6a41 thelandgroupinc cam Page 21 Page 145 Item#9. August 20,2021 ?age 2 Thence North 89019'39"West,1323.00 feet on the east-west mid-section fine to the Center East Ore Sixteenth corner of said Section 32, Thence South 00°33'03"West,a distance of 569.91 feet on the west line of the Northeast Quarter of the Southeast Quarter of section 32 to the POINT OF BEGINNING; Thence South 89025'18"East,217.49 feet; Thence South 00`40'21'West,a distance of 176.00 fleet; Thence North 89025'18"West,a distance of 217.12 feet to a point on the wes, line cf the Northeast Quarter of the southeast Quarter of Section 32; Thence North 00033'03"East, 176.00 feet on said west line to the POINT OF BEGINN iNG. The above described contains 39,246 square feet(0.88 acres)more or less_ PREPARED 3Y: The Land Group, Inc. L 1VD y � 7880 9-20-2021 James R_Washburn OF WA Site Planning*landscape Architecture■Civil Engineering•Surveying 462 E.Shore Drive;Su'rte 100.Eagle,Idaho 83616•P 208.939.4041+www.thelandgroupinc.corn Page 22 Page 146 Item#9. C E 1.11 Oth NIB9`f 939�W 1323.QD E114 +. 3.33 — — 5.32 N22'15'03'E 11.20' ._ `i ' 147.39` I r_ 58n 9'39'E r r POB#11 41-70' r i I r ZONE L-O r AREA_±33,162 Ff rIZ NB9'2518"W 217.54' r --19.62' ' SBSi 2518'E 217.49' i+ _— V-P PDB#2 o ' � � 4 DETAIL —' r W. ZONE L-© IR M r AREA ±38 246 N89^25118"w DETAIL I I I BE 111Uh SCALE: 1'=100' S 1J151h E — NI89°2D'141W 1324.23' p,ti.I.A TE 4cn ,4 F380 �ol CURVE LENGTH RADIUS DELTA CHORDBEARING CHORD LENGTH g B-20-2021 i In G1 25.23' 67.00' 21c34'92' S78'3211B'E 25,0 S-32 S-33 S.5 SA 1WA5' SE COR SEC 32 Y Exhibit 250' 500' "Bn g Hoftontal Scale:1'=250 120154 Dire of*�E:W112921 THE Rezone Exhibit �-- .° LAND Zone L-0 GROUP Page 23 Page 147 Item#9. •� ice_ LEGAL DESCRIPTION i� if/p-M ■= LAND Page 1 OF 1 �= GROUP October 19,2021 Project No.:120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE M-E REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant),said East Quarter Corner of Section 32 being the POINT OF BEGINNING; Thence South 00'29'50"West,a distance of 1316.11 feet on the east line of said Section 32 to the South 1/16th corner common to Section 32 and Section 33; Thence North 89'20' 14"West,a distance of 459.05 feet on the south line of the Northeast Quarter of the Southeast Quarter of Section 32; Thence North 09'45'00"East,a distance of 657.04 feet to a point of curve; Thence 673.35 feet on the arc of a curve to the right,said curve haying a radius of 13,000.00 feet,a central angle of 02'58'04",a chord bearing of North 08'15'59"East,and a chord length of 673.28 feet to a point on the east-west mid-section line of said Section 32; Thence South 89'19'39" East,a distance of 262.39 feet on said mid-section line to the POINT OF BEGINNING. The above described parcel contains 10.72 acres more or less. PREPARED BY: The Land Group,Inc. L LAND �{ a 7888 2 10-19-2021 sT �o °1. 9T or 19P��stti James R.Washburn g y`h 462 East Shore Drive,Suite 100. Eagle, Idaho 83616 208.939.4041 thelandgroupinc.cam Page 24 Page 148 Item#9. S89°19'39"E 1323.00' E 114 S.33FOB E 1{16th 1060.61' — — i—a 262.39 C j S.32 f I � ZONE M-E f r AREA:467,071 FT' f W (10.72AC) PROPOSED CENTERLINE OF HIGHWAY 16 �f I . �f 865.18' _ 459.05'i L L.4.Np SE 1/16th N89°20'14'W 1324.23' S 1116th E�_ ti �� R G Curare Table Cl1RVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH N T 1 011 812 0 2 1 r J s�9T Ar° C1 673,35 13,000,00' 2°58'04- NW1559'E 673.28' Q £Ovr 1p S.32 S.33 -"�.WA 5.5 S.4 a SE COR SEC 32 EE 0 250' 500' Exhibit "B" a Horizontal Scale:1'=250' 120194 ©are or Issuance:1 q+15r`2021 9THE Rezone Exhibit H LAND Zone M-E a =GROUP Page 25 Page 149 Item#9. B. Preliminary Plat&Phasing Plan (date: °'3'�, 12/2/21)- Revised fireimrmap: THE + _ — LANO F i m, ��- __ __ _-_� •��w I; I c`(1 LegellA. Prapen9 Bnlrer. Jr II 1-•-r Jr�rrl r�,� t it - ,�^`x oereloper. r . "'I ',�:•i, _rl --------- ��l�: �� ,. .I:% maw IIV. I Planner,Engirreer,Landscape Amiulect: L— —_-- � �Fe� ��`�,�• •y ��+i:::�•r I —s-$ m.mma,.,,�,.�.... �m O JL_JL J L J .I.L,Jf_� 1'tj I d - ,..mm�,,..•,e.,ds,. m. ,",:�' ��:•��,�� .- p r..�m,:m.,w..,,d� :..,.Ty.,.m..m.�,.es..q„ y .� ___-,J � ,.^.;m�� _ .,.,.,,.,. 9i ':•:•: � I � m.�v.. Pralect5ummary:� C CIO Tr`r 1f-Ir •f�7!'-Ir ,'®.r,• r` X„tes om...m,a.,.r�mo..,,.om..�moa H I i I• is% 1 .� —i�ti� � : _ � ..�... ,�. �w dI [ a.=.•I.� I m ,m.m..,. C .fir ,Iy1L , _Cca e .-� • I Benchmarks XAYB•AE Ban. L J I_,J L J J J -- :�r�1+=I�w11.=I?.�I`.-:'��i?=1'r, •;I:• �...o,.a.m..maam,.,a a...,m.:.,. A•awr rao� I .� 1 .I.•I•" I Ion Ig Rep. n e �- l� •il I ;i . . I F§ I I Miminmr Pln 0.wne. I; Preliminary Plat-Olvem w v •- PP-01 Page 26 Page 150 � 1NO IRIII� g . O 0 Item#9. �ort1 umscePe Butter-GaafECSCn is Gf3lisf wage 9Jaanliroa C O y _ _ 7 - •Lt.�iy Va C.7 07� THE LAND Y_ ae 2 d 0 Ammik 40 '.41W o AO �1i I�3,feaesinaa Pa['�a�s antl BaCarel PIaSArea �b�a.nw LP-03 Page 28 Page 152 Item#9. D. Open Space Exhibit(dated: 9/3/21) OPEN SPACE CALCULATION: QUALIFIED OPEN SPACE: I 332,967 SQ FT p= TOTAL BOUNDARY SQUARE FOOTAGE: W Z C2 DRUM RINE lIIBRIYISIRR 2i506-SF i 1,742,400 SQ FT =4I= 4,783-SF — BOUNDARY SQUARE FOOTAGE MINUS HWY 16: 4,169-SF 1,399,108 SQ FT ' PCT.OF QUALIFIED OPEN SPACE OVERALL: _ 19.1% + PCT.OF QUALIFIED OPEN SPACE MINUS HWY 16: -- —� � . �l '1 8,365-SF 238% I -"-- --- "NOTE:OPEN SPACE CALCULATIONS DEPICTED ON THIS SHEET ONLY INCLUDE FUNCTIONAL OPEN SPACE AREA COMMON/OPEN SPACE LOT CALCULATION ON PRE-PLAT OVERVIEW INCLUDES 10,873-SF ADDITIONAL COMMON AREA SUCH AS THE POOL PARKING AREA AND THE SECONDARY EMERGENCY ACCESS_CALCULATIONS INCLUDE BOTH 215,356-SF RESIDENTIALANDCOMMERCIALUSES- 36,203-��F - f FUTURE HWY 16 LOCATION O 7,126-SF — Cn I � 35,013-5F I ` \ Q. +� 2;480-SF y+y •C w II = O S ` 8-MILE LATERAL IRRIGATION EASEMENT CM 0 250' SD0' >� 7 d Preliminary Plat-Open Space Exhibit Q Q _ HodzonU Scale-l'=250' Ned No.:12W94 LP-04 Dale of Isw nw N.133,2027 sus Page 29 Page 153 Item#9. E. Parking Exhibit I Legend: L,�__ -.• RE81°EWALUSE O= ■ PPAAINUENC STREET ■ =o _ PmM lion vXE1E1KO11 28 SPACES 1 =Q I= vSIraR OVERRaw r 21 SPACES r f — srnEETPARNixc L11 +' Is I 14 SPACES 5 SPACES-_ h5 22 SPACES , q' ' PARKING CALCULATIONS: �� r , RESIDENTIAL USE PARKING: Ili!• 3-4 BEDROOM RESIOENTIAL LOT(93 LOTS @ 410U) REQUIRED:372 f PROVIDED:372(INCLUDES COVERED g il_ 7 SPACES 1 j+J+ GARAGE PARKING AND DRIVEWAYS 3. �Y S Ii POOL AMENITY PARKING:(600 SF @ 1 PER 500 SF) 18 SPACES I 1 REQUIRED:2;1 ADA f PROVIDED-10;1 ADA RESIDENTIAL USE OVERFLOW STREET PARKING: C 1 — 4 SPACES I' „ IV f I REQUIRED:0 r19SPACES 1 PROVIDED-146 ,y I ? + VISITOR OVERFLOW STREET PARKING- REQUIRED- �p �� _i\ r+s f 0 PROVIDED-28 y I +� �+ I ,'a H v 17SPACES r 12 SPACES TJF�I CAJ 17 SPACES Jrh. G7 •Qv Cm 0 250' 500' Cn Po Preliminary Plat-Parking Exhibit Q 4 a Horizontal Scale:l"=250' Dakpv ol m00,0'322029 LP-05 Page 30 Page 154 Item#9. F. Circulation Exhibit LAND GROUP s � - O t FUTURE ELEMENTARY SCHOOL CHUKAR RIDGE SUB 11 L ACIIffIPBA@IT STREFf - --.._ �i S � - • w Fk ❑ -o� OWYHEE HIGH f C SCHOOL m iA s 3 a 0 Il ` FUTURE r 3 a - BY OTHERS x rn li C � y ENDEAVOR STREET i 1 I FUTURE DY OTHERS USTICK ROAD I -- yw Surrounding Areas � �-x ex Page 31 Page 155 r� Page 32 H. Conceptual Development Plan(dated: 9/3/21) THE LAND El p,*SE ------ 4w -------- ptj4W2 RIGHT-OF-V�Ay kOTIftOW,5 rulm k7 .. ................... ------------- - ------------- -- ----------------- ------------ ---------- - ----------- Preliminary Pi.t.Acclima Concept Plan Lot 2 Block 5. PP-11 Page 33 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed(i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. , the development agfeeffient standafds and the guidelines for-development in the MU N designation. if multiple The commercial buildings are proposed in the development area on the east side of future SH- 16,the buildings shall be arranged to create some form of common,usable area, such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use—Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H. d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north(i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 2. The final plat shall include the following revisions: a. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 in a common lot or on a permanent dedicated buffer on Lot 1,Block 5; include a note stating the buffer will be maintained by the property owner or business owner's association in accord with UDC 11-313-7C.2. b. Include a note prohibiting access to future SH-16. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Add Class II trees and landscaping within all parkways within the development in accord with the standards listed in UDC 11-3A-17E and 11-313-7C as desired in MU-N designated areas. b. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 either in a common lot or a permanent dedicated buffer on Lot 1,Block 5; depict landscaping within the buffer in accord with the standards listed in UDC 11-3B-7C. Include shrubs within all required street buffers. Page 34 Page 158 Item#9. c. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(I1-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. d. Include a detail of the berm or berm and wall combination required for noise abatement along future SH-16 that demonstrates compliance with the standards listed in UDC 1I- 3H-4D and is consistent with what City Council required on previous developments to the north(i.e. Chukar Ridge&Gander Creek—a 6-foot tall berm with a 6-foot tall wall on top of the berm); or apply for alternative compliance as allowed by UDC 11-3H-4D.4 as set forth in UDC 11-513-5. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway within the common open space area along future SH-16 prior to submittal of the Phase 1 final plat for City Engineer signature. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O and M-E zoning districts. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Non-residential buildings shall be proportional to and blend in with residential buildings as set forth in the Comprehensive Plan. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council(i.e. the Eight Mile Lateral). 10. A conditional use permit application is required to be submitted and approved for the Boys and Girls Club(i.e. civic, social or fraternal organization) in the L-O zoning district as required by UDC Table 11-2B-2. Compliance with the specific use standards listed in UDC 11-4-3-7 is required. 11. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The geotechnical investigative report prepared by GeoTek,Inc. indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.2 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. Page 35 Page 159 Item#9. 1.3 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 1.4 Ensure infiltration trenches are located so that sewer service lines do not pass through them. 1.5 Install blow-off valve per standard drawing W 13 at the southern property boundary. 1.6 Ensure no permanent structures(trees, fences,bushes,buildings,car ports,trash enclosures,infiltration trenches,light poles, etc.) are placed within utility easements. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 36 Page 160 Item#9. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at hgp://www.meridiancit .00rglpublic_works.aspx?id=272. Page 37 Page 161 Item#9. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/Doc View.gyp x?id=237898&dbid=0&repo=MeridianC i &cr=1 D. POLICE DEPARTMENT https://weblink.meridianciV.orglWebLink/Doc View.aspx?id=237478&dbid=0&repo=MeridianC ky E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=239097&dbid=0&r0o=MeridianC hty F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=238412&dbid=0&repo=MeridianC 41 G. WEST ADA SCHOOL DISTRICT(WASD) https:11web1ink.meridianci.�.org/WebLink/Doc View.aspx?id=250217&dbid=0&repo=MeridianC Lty(Updated) H. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridianci.�.orglWebLinkIDoeView.aspx?id=239278&dbid=0&repo=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=240021&dbid=0&repo=MeridianC hty J. PARK'S DEPARTMENT https://weblink.meridianciN.orglWebLinkIDoeView.aspx?id=240082&dbid=0&repo=MeridianC hty Page 38 Page 162 Item#9. IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-8, L-O and M-E and subsequent development is generally consistent with the Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is generally consistent with the adopted Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. (Please see Comprehensive Plan Policies in, Section IV. of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 39 Page 163 Item#9. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 40 Page 164 Item#10. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0075 - Rackham East Subdivision) Between the City of Meridian and BVA Rolling Hills No. 1 (Owner) and Brighton Development, Inc. (Developer) for Property Located on the South Side of 1-84, 1/4 Mile East of S. Eagle Rd. Page 165 ADA COUNTY RECORDER Phil McGrane 2022-026383 BOISE IDAHO Pgs=69 BONNIE OBERBILLIG 03/16/2022 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. BVA Rolling Hills No. 1, LLC, Owner 3. Brighton Development, Inc.,Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 15th day of March 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 BVA Rolling Hills No.1,LLC,whose address is 2929 W. Navigator Dr., Ste. 400, Meridian, ID 83642, hereinafter called OWNER and Brighton Development,Inc.,whose address is 2929 W.Navigator Drive, Ste 400,Meridian,ID 83642, hereinafter called DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada,State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 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 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer has requested annexation of 25.76 acres of land with a C-G (General Commercial) and R40 (High Density Residential)zoning districts on the property listed 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 and/or Developer made representations at the public hearings before the Meridian City Council and the Meridian Planning and DEVELOPMENT AGREEMENT—RAcKHAm EAST SUBDIVISION(H-2021-0075) PAGE 1 OF 9 Item#10. Zoning Commission, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings held before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 22"d day of February, 2022, the Meridian City Council approved certain Revised 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 and/or 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 and/or 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. DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 2 OF 9 Page 167 Item#10. 3.2 OWNER: means and refers to BVA Rolling Hills No. 1, LLC, whose address is 2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s))of the Property. 3.3 DEVELOPER: means and refers to Brighton Development, Inc.,whose address is 2929 W.Navigator Drive,Ste 400,Meridian,ID 83642 hereinafter called DEVELOPER,the party that owns said Property and shall include any subsequent developer(s) of the Property. 3.4 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 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. Development of the subject property shall be generally consistent with the preliminary plat, landscape plan, phasing plan, conceptual development plan, pedestrian circulation plan and conceptual building elevations submitted with the application contained herein. b. The two (2) office buildings proposed on the northern portion of the site shall be arranged to create some form of common, usable gathering area, such as a plaza or green space in accord with the mixed-use guidelines in the Comprehensive Plan(see pg. 3-13). c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the conceptual development plan with landscaping along the pathway as set forth in UDC 11-3B-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 DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 3 OF 9 Page168 Item#10. the Architectural Standards Manual. e. The final plat shall be recorded or the existing PUDI easements and right-of-way for S. Rolling Hill Dr. shall be vacated and a property boundary adjustment application approved to consolidate the existing lots into one(1)parcel prior to submittal of any building permit applications for the site. f. Compliance with the specific use standards listed in UDC 11-4-3-27:Multi-Family Development, is required. g. 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 up 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 by the Applicant. i. The out-parcel (Parcel#S 1 1 1 6427890)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. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owners/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2,Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all DEVELOPMENT AGREEMENT-RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 4 OF 4 Page 169 Item#10. applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or 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 and/or 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 and/or 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 DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 5 OF 9 Page170 Item#10. City, or sufficient surety of performance is provided by Owner and/or 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: BVA Rolling Hills No. 1,LLC Brighton Development,Inc. 2929 W.Navigator Dr., Ste. 400 2929 W. Navigator Dr., Ste. 400 Meridian, ID 83642 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. 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 and/or 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 and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 6 OF 9 Page171 Item#10. reasonable discretion, had determined that Owner and/or 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 and/or 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 and/or Developer and City,other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—RACKI{AM EAST SUBDIVISION(H-2021-0075) PAGE 7 OF 9 Page172 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: BVA Rolling Hills No. 1, LLC Brighton Development, Inc. By: By: VnL17. +�ard l e-- Its: eN t CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-15-2022 Chris Johnson, City Clerk 3-15-2022 By Brad Hoaglun, Council President STATE OF 1DAHO ) ss: County of Ada ) On this day of ,202,before me,the undersigned,a Notary Public in and for said State, personally appeared known or identified to me to be the of BVA Rolling Hills No.1,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at: My Commission Expires: STATE OF IDAHO } ss: County of Ada ) On this L-F�day of )a6tG , 2022, before me, the undersigned, a Notary Public in and for said State,�p ersonally appeared ,IL �u ILci4(e— known or identified to me to be the of Brighton Development,Inc.,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SHARIVAUGHAN Notary Public-State of Idaho Notary Public for (11 o Commission Number 201B1002 Residing at: My Commission Expires Jun 1, 2024 My Commission xpires: — oZ0o2� DEVELOPMENT AGREE KHAM EST AGREEMENT—RACA Sl}IiblvIsloN(H-2021-0075) PAGE 8 OF 9 STATE OF IDAHO ) ss County of Ada ) On this 15th day of March ,2022,before me,a Notary Public,personally appeared Brad Hoaglun i and Chris Johnson, known or identified to me to be council and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that execu e'dle instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—RACKHAM EAST SUBDIVISION(H-2021-0075) PAGE 9 OF 9 Page174 Item#10. BVA ROLLING HILLS BVA Rolling Hills No. 1,LLC, an Idaho limited liability company By: BV Management Services,Inc. an Idaho corporation, a Executi�Manager By: Cortney Vddiard, Pre 'dent Date: �, Z STATE OF IDAHO ) ) ss. County of C CIIL ) Z This record was acknowledged before me on this 2 day of 2029',by Cortney Liddiard,as President of BV Management Services,Inc.,the Idaho corporation that is an Executive Manager of BVA Rolling Hills No. 1,LLC CE-CE G TALLEY Notary public-State of Idaho P� Commission Number 63848 Notary Pu6lic fo'Idaho My Commission Expires Jun 27,2026 [D Residing at l My commis ' n expires to . Z7.Zia 4861-50984978,v.1 Page175 Item#10. BVA ROLLING HILLS BVA Rolling Hills No. 1, LLC, an Idaho limited liability company By: BRIGHTON CORPORATION an Idaho corporation, the xecutive Manager By: Robert L. hillips, President Date: 3 ! 1Qb a Q. STATE OF IDAHO ) ) ss. County of dA- ) This record was acknowledged before me on this �day of YO&,re-t 2022, by Robert L. Phillips, as President of Brighton Corporation, the Idaho corporation that is an Executive Manager of BVA Rolling Hills No. 1, LLC. r )A , , Zk Notary Public for IdaheJ Residing at F (e � SHARE VAUGHAN My commission expires �n 1-aDa4- Notary Pubtic-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 024 4861-5098-4978,v. 1 Page 176 Item#10. EXHIBIT A 6" E N G 1 N E E R I N 3 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 Subdrvision (Book 18 of Plats at Page 1,202,regards of Ada County,Idaho)and unplatted land situated in a portion of the Northwest 114 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 hears N00`05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,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,589°34'32"E a distance of 672.76 feet; Thence leaving said southerly right-of-way line,500'00'07"E a distance of 14.37 feet; Thence S89°15'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3 (Book 77 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. S12°52'54"W a distance of 489.50 feet; 2. S14°05'22"W a distance of 627.49 feet to a 5/9-inch rebar on the southerly line of said Northwest 1/4 of the Southeast 1/4; Thence leaving said westerly houndary and said centerline and following said southerly line, N89°14'19"W a distance of 887.95 feet to the Southwest corner of said Northwest 1/4 of the Southeast 1/4(Center-South 1/16 corner); Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast 1/4, N00'05'15"W a distance of 1099.57 feet to the POINT OF BEGINNING. Said parcel contains a total of 2 5.7 6 acres,more or less. Attached hereto is Exhibit B and by this reference is made a part hereof. 4 � a 12459 o s 5725 North discovery Way•Boise,Idaho 83713•208.639.6939• kmengllp.cam Rackham East— H-2021-0075 Page 177 Item#10. EXHIBIT A POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 15 S00`05'15"E 227,22' (TIE) Interstate 84 S00°00'07"E POINT OF BEGINNING } 589'34'32"E 572.76' SB9°15'23"E 478.72` Parcel Parcel R7555000280 51115427950 CID Parcel tt R7555000160 9•2 M Parcel ' '— R7555000270 ru Annexation Area; 25.76#AC. c4 ce n m IUDParcel Parcel Llnpiatted vi 0•m R7555000261 m Z o R7555000151 N Parcel a m Parcel = 5111642301G So o 97555000265 �a r r Centerline of 0 Parcel o Parcel R7555000155 RidenbCanal Q o R7555000251 z � o m Parcel Parcel R7555000255 R7555000140 +ti' s= � m .L Parcel ; R7555000240 Parcel R7555000130 S0Q'05'15"E N89'14'19"W 537,95' 132&SO' (TIE) Rolling Hill Jewel Subdivision Subdivision FOUND BRASS GAP SOUTH 1/4 CORNER SECTION 16 0 200 404 600 Im (k Plan Scale: 1" =200' E N G I N E E R I N G 5725 NORTH MCOVEay WAY BOISE,IOAH❑93713 PHONE 12U1 639-6939 Exhibit B-Annexation kmen¢Ilp,com Eagle View Landing DATE: Fe b-m a ry 2022 PROJ ECr; 2o-214 SHEET: Lots 13-16, Black 1, Lots 8-12, Black 2 and unplatted land in a portion of the 1 NW 114 of the 5E 1/4 of Sec. 16,T3N,, R1E,, S.M., Ada County, Idaho Rackham East— H-2021-0075 Page 178 ttem#�o. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:>WEIIty 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 of396 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-202I-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. 201-2, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February S,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 I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR RACKHAM EAST AZ PP EAGLE VIEW APARTM> NTS CUP H-2021-0075 -I- Page 179 Item#10. 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 I 1-6B-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 11-613-7B). 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 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- Page 180 Item#10. 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 I I(UDC 11-5B-6F). 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 67-651IA. 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- Page 181 Item#10. By action of the City Council at its regular meeting held on the 22 day of February 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. ' on 2-22-2022 Attest: C. i( IAN SEAL ` v Chris Jahn n 2-22-162-2�- 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- Page 182 Item#10. EXHIBIT A STAFF REPORT E IDIAN=-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING February 8,2022 Legend DATE: TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - t SUBJECT: H-2021-0075; CR-2022-0001 . Rackham East—AZ,PP Eagle View Apartments—CUP. ALT, x CR LOCATION: South side of 1-84, '/3 mile east of S. Eagle Rd., in the south '/z of Section lb, T.3N.,R.1 E. 41 - ,. 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 Iots(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 oil 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 1 I-3C-6,which doesn't include off-street parking standards for studio unit apartments,to allow the parking standards for vertically integrated 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.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). Note: The Applicant filed a request for City Council review of the Director's decision on this matter, see Section V.C,highlighted text, for more information. Page 1 Page 183 Item#10. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 25,76-acres(AZ);29.7-acres(PP); I5.94-acres(CUP) Existing/Proposed Zoning R1 and RUT in Ada County(existing)IC-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;bldgJconttnon) 8 buildable lots(2 multi-family&6 commercial)/I} common lots Phasing Plan(#of phases) i 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 313121 —6 attendees:and 911121 —7 attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District ■ Staff report(yes/no) Yes • Requires ACHD Na Commission Action A Traffic Impact Study(TIS)was submitted. (yes/no) Access One access is proposed via S. Rolling Hill Dr. from E.Overland (Arteriai/CollectorslState Rd.to the south;and two driveways will provide access from the Hwyl.Local)(Existing and commercial development to the west via S. Silverstone Way front Proposed) E.Overland Rd, (a signalized intersection exists at S i lverstone/Ovefl an d) Traffic Level of Service All road segments are proocou to meat ACHo's aeceptabFe level of eerVlce(LDS)dlreshoioe for a 5-I89as princ,pal arterial rasa under all ccndtwi-Is.except Tor during the PM peak hour for Ile Mmeril of Overtand Road tieween Eagle Road and Silverslone Way ano RNIing Hill Drive under Ste 2023 total traffic conditions. Stub Two(2)driveways will be extcndcd into the site from the west Street/Interconncclivity/Cron boundary. S.Rolling Hill ❑r.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 1 There are no existing arterial streets on or abutting this site. Buffers Proposed Road capital Improvements Plan(CIP)1 Integrated Five Year Work Plan(IFYWP)- The•ntersection of Overland Road arm Eagle Road is scheduled in the C{P to he widened to Improvements 7-lanes on the noilh and smiln eqs. and 9-lanex can ma earl and wear legs, and row mstrvctedlsignalized in the Uwe.The design year is listed as 2025 in the IFYWP and the Is listed to he improved between 2031 and 2035 • Overland Row is listed In the C I P to be widened to 74anes from=ogle Roan to Cloverdale Road between 2036 and 2040 and is listed as unlunded. Tne intersection of Cloverdale Road and Overland Road is listed in ine C I P to be widened to 7-lanes an the nerd,and south logs and 8 lanes on the esisf and west logs and signAllzed between 2026 and 2M, West Ada School District Page 2 Page f 84 Item#10. Description Details I Pg Distance(elem,ms,hs) AME-yed prelim AA2pMVW KF r plat parcets per uni s r Mlles EnrOtlmerrt rapotlfy attendancearea atte cfarea �'-2a� • Capacity of Schools pepper Ridge Elementary 542 67S 313 360 I.6 leWls&Ciark Middle School on 1000 774 1331 2.5 • #of Students Enrolled Centennial High School 29" ism 443 1358 4.9 School of Chnice tiaras Christine Donnell-Atu 499 500 N/A N/A S.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'y-between 10/16/19 and 10/15/21) ■ %of calls for service %of p3 CFs 2-9% split by priority %of P2 CFS 76.OK 4F of P1 CFS 19.9% *of p0 CF5 1.3% ■ Accessibility • Specialty/resource needs • Crimes 185(RD-M752-between 1.0/16/19 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 mare info,see- https:llivebli►rk.ti;eridiaticitq,.orell'T'ebLi7lk/DoeViest,.aMx?id—Z41 580&dbi&--O&e o=Meridia►iCitt-&ci=1 Wastewater • Distance to Sewer Dircctly adjacent Services ■ Sewer Shed Five Mile Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining 14.25 Balance • Project Consistent with Yes W W Master PlanfFacili Plan • Impacts/concerns • Flow is committed • Do not have a sewer stub to the south on Rolling Hill Dr.These properties will be serviced from Overland Rd. Water ■ Distance to Water Directly adjacent Services ■ Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None . Project Consistent with Yes Water Master Plan Page 3 Page 185 Item#10. Description Details F ■ Impacts/Concerns The development needs a second connection to water.There are two options to do so;either connect to Overland Rd via 5 Rolling Hills Dr or connect to the northwest e xi sti ng 16" water main. C. Project Area Maps Future Land Use Map Aerial Map Legend0 . 10 legend ltfPr<ac+Loco 'or, Prejeci Lcca-ar mu--C44- Offic f� 84 4 " fV ic OVERLAND IF* 1 Zoning Map Planned Development Map Legend legend -_..=Le�co� � PrageeT Loc❑�ar �� city L.rm'r t PiarrL�d Pose+s _ Al-� - car 3 k� 41. r7 1 C.-G R RVT 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 186 Item#10. C. Representative: Josh Beach, Brighton Development, Inc.—2929 W. Navigator Dr., Ste. 400, Meridian, I❑ 83642 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in I i!llii?t1?1 1/23/2022 newspaper Notification mailed to property owners within 300 feet 1111212[Y21 112112�22 Applicant posted public hearing 1 112212021 112912022 notice on site Nextdoor posting 1 1/12/2021 1/2I/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.l1-84 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): (5taff's analmis 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. rapm tfnents) which Will add to the variety o f uses planned in the larger AfU--R designated area to the ivest 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 24126, SH-55, SH-16 or SH-69." The proposed irrarltr-fancily high density development should provide housing options in close proeimlty to nearhE!employment uses located along SH--55 and 1-84. Page 5 Page 187 Item#10. • "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." 4 conceptual development plan was submitted with the proposed annexation application for the subject property,that's located ivithin the MU--R designation. A Development Agreement that ties future development to this plan and the general guidelines far mixed use developments and specifically the MU-R designation is recommended as a provision 4j, annexation. • "in developments where multiple commercial and/or office buildings are proposed, the buildings should be arranger)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 nf'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." Mralti.family residential arses are proposed art the southern portion of'the site adjacent to existing rural residential properties as a transition and bq&r to commercial office uses on the northern portion of the site. A 25-foot wide landscaped huf jeer-with dense landscaping is also required in the C-G zoning district along the southern boundan,o f the site to residential rises. Staff also recommends a 6-foot tall sight obscuring ferxce is consInected along the.southern bounder),of the site as an added ht►Jfer 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." Mtn outdoor gathering area is depicted on the conceptual development plan between the two o f ce buildings on the northern portion oJ'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 plaZalgathering 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 VieivlRackharrr 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 b Page 188 Item#10. s "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 path wgv sluts to this site front the adjacent residential development. S. Rolling Hill Dr. is currently a substandard street and lacks pedestrian facilities,-ACHD erg mat'require q f-site i►nprave►nerrtr 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 emergency 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 reconrnre►tds pathway stubs are provided at the southern boundary of the site near the nest and east boundaries oj'the site for.future ertensio►r upon redevelopment of'the properties to the south for pedestrian connectivity with adjacent developments. "Alleys and roadways should be used to transition fi-om dissimilar land uses, and between residential densities and housing types." 4 25 tot}aide densely landscaped buffer and a driveway is proposed along the southern boundary of the site as a transition and huf fer between existing rural residential properties and the proposed high-density rnulti farnily residential development. "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein." 77re subject proper•tt1 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. Staff's analysis on the proposed project's compliance will; these guidelines is included above. • Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from b 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�fandl f,residential portion consists of'15.94 acres, which is 53%of the site in accord with this guideline. Multi farnily apartments are proposed at a gross density Q1'24.8 unitslacre, which falls within the desired densitv 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 ofthe 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 189 Item#10. 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:I 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 public1quasi 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) Cin,water and sewer set-vice is available and can be extended by the developer with development in accord with UDC 11-3A-?1. 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_Juture commercial uses to the ivest 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 rniv a/'residential and office uses will provide opportunities to live and work in close prorimil'v. The existing and planned o,�j'ice, retail and entertainment uses to the ivest will provide nearby shopping, work and plav opportunities to enhance livability and sustainability. ■ "Encourage the development of supportive commercial near employment areas."(3.06.02C) Ancillary retail uses rutty be provided in the proposed o flice buildings; no stand-along retail uses are proposed on the site. However, retaillrestaurant uses are anticipated in the multi- tenant buildings) 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 apathway within the street by&r along 1-84. The pedestrian plan included in Section VII.Hdepicts internal pedestrian walk-waYs throughout Page 8 Page 190 Item#10. 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) Citt-water and sewer services are available to this site and call be extended b}'the developer with development in accord with UDC 11-3A-21. The err:ergency response times for Police Dept. and Fire Dept. meets the established goals. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback, vegetation, low walls,berms,etc.)."(3.07.01C) A 50-foot wide landscaped street buffer is required to be provided along the northern boundwy of'the site on laird that abuts 1-54; noise instigation is not required per UDC 1!- 3H-4D. r "Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves." (3.03.03I) E.rcluditlg the outpar•cel{#SI1164Z7890 along the northern boundaly of'the east portion of the site from the subject annexation and development plan will create a Countv enclave surrounded by Citt,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.+trrntrrary, StafJ'believes the proposed development plan is generalltr consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS (t20 A. Annexation: The proposed annexation is for 25.75-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 pennitted 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 Page 191 Item#10. 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 doi,%s 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 67-6511 A_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 — Rackharn) 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 l) 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 man-v o�f'the commercial lots will be consolidated or realigned at the time orjinal 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#S1116427890)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 VILB).It appears to previously have been part of the right-of-way[ROW]for 1-84 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 he 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 192 Item#10. 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)r: 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 only. The portion of Roiling Hill north of the southern boundary of the site is required to be vacated prior to signature on the final plat. Roiling 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 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 C1P 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-lanes on the cast&west legs and sigmalized between 2026 and 2030. If Rolling Hill Dr. isn't restricted to emergency access only, ACHD is requiring 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 V1111 .1br more informafion. Pathways(UDC 11-3A-g}: 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 I I-3A-19B.4. Sidewalks(UDC 11-3A-17]: There are no public streets proposed within this site;therefore, sidewalks are not required. Sidewalks are not required along I-84; however,a pathway is proposed within the buffer. ACHD is requiring a sidewalk to be constructed off-site along one side of S. Rolling Hill Dr.with development of this site. Page I I Page 193 Item#10. 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 1-84 per UTDC 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 pennanent dedicated buffer. Landscaping is required adjacent to the pathway proposed along the northern boundary of the site in accord with the standards listed in UDC 11-3B-12C.A 5-foot wide landscape strip is required on both sides of the pathway planted with a mix of trees,shrubs,lawn and/or other vegetative ground cover. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and.ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Geotechnical E�rglneeri g Report for the subdivision. Storinwater integration is required in accord with the standards listed in UDC 11-3B-11C, Pressure Irrigation(UDC 11-3A-1 Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC I 1-3A-I5. 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-,": The Ridenbaugh Canal is a large open waterway that lies within a I00-foot wide N M I D 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 114A-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 l 1-3A-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 V I1.I. Final design must comply with the design standards in the Architectural Standards Manual. Page 12 Page 194 Item#10. 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 recQ►rarne►adi►►g It- !]zoning, instead of'C-G, far the mt►Iti{arnily residential portion of the development. Specific Use Standards(UDC 11-4-3-27): The proposed use is subject to the following standards: (Staffs analysisleommentc in italic text) 11-4-3-27: MULTI-i~AMILY 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 it)determine if the buildings depicted on the concept plan meet the minimum setback standard Tire site plan submitted witlr the Certificate of Zoning Compliance application should clearly depict the property lines ill order to determine compliance with this standard. 2. All on-site service areas,outdoor storage areas, waste storage,disposal facilities, and transfonner 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 l 1-5B-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.0 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 integated, 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-022-0001)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 a lication. 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 11-5 A-713.1 b. Page I3 Page 195 Item#10. 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 riot included in the common open space calculations far 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. b. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The prnposeel 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 he 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(l 50)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 395 units contain between 500 and 1,200 square feet oj,living area. c. Three hundred filly(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 I,200 square feet of'living area, At a minimum, a total gf'99,000 s.f. (or 2.?7 acres) of outdoor common open space is required to be provided in the proposed development.A total of'3.49 acres is proposed consisting of streetldritrewall bu,f fers area around leasing building, landscaped areas in parkhm lot and anze►iib,areas in excess of the minimuern requirement as shown an the exhibit in Section VI1.G. 2. Cormnon 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 ripe►: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 proposer)to develop in hvo phases. The,first phase will consist of the west two buildings along with their associated garages and carports, the west courtyard amenities, the leasing qffice and the,fitness building. The.second phase will consist of the Page I4 Page 196 Item#10. east hvo residential buildings along with their associated garages and caiporis, and the east courtyard amenities (see phasing plan in Section V71.g). 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4')in height, with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394,3-3-2009, eff.retroactive to 2-4- 2009) None of the common open space areas are located adjacent to a collector or arterial street, D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (I) Open grassy area of at Ieast 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 toy amenities shall be provided,with at least one from each category. d. For multifamily developments with more than one hundred(100)units, the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 15 Page 197 Item#10. 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) Eased on 396-units, a minimum of'S amenities are required bill the decision-retaking body is authorized to consider additional similar amenities if they believe the proposed amenities aren't adequatefJar 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 VII.G).Amenities include several outdoor sport courtslgames (snook ball, cornhole boards, bocce ball,ping pong table, vollet-ball), open grascv areas at least 50'x 100'in size, walking trails, a swimming pool, a clubhouse with a itness 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 he 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 rioted 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 1~!DC 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 1015121)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 15 Page 198 Item#10. 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-61B.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-5 4 660 standard parking spaces are required. A total of 44 651 off-street spaces are proposed on-site with_3-94 398 of those being covered in ara=es Sg 90 Ica orts 303 308), another 20 on-streets aces are proposed on the updated site plan along the future private street along to north boundary—these spaces can serve as ,guest parking but do not count toward the"off-street"parking requirement, spaees-; eompoet stfills are diseouraged but may he used far-par-'jHg above the number-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 pr• posed, which differs kunt that on the site plan. Bicycle parking is required per the standards listed in UDC I1-3C 6G and should comply with the standards listed in UDC 11-3C-5C. Based on 651 spaces,a minimum of 25 spaces are required.Hike 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 fix 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 garaUs 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 parking visible from the abutting streetldriveway. Staff is of the opinion the site design complies with UDC standards without approval of ALT. Fencing; No fencing is depicted on the landscape plan for this development. A 6-foot tall open vision wrought iron fence is proposed along the Ridenbaugh canal to preserve public safety if Council approves a waiver to allow the canal to rernain open and not he 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 1 Archilectural Standards]Manual): Conceptual building elevations were submitted for the proposed 4-story multi-family residential buildings,leasing and fitness buildings as shown in Section VII L 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. Vl. DECISION A. Staff: Stag'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 199 Item#10. B. The Meridian Planning& Zoning Commission heard these items on December? 2021 and January G,2022. At the public hearing on January 6",the Commission moved to recommend approval of the subject AZ, PP and CLIP 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 Haynes d. Written testimony: Pam Haynes e. Staff presenting applica_tion: S�nya All— f. Other Staff commenting on application: Bill Parsons 2. ley issue(s)of public testimony a. Concem pertaining to high volume of traffic this project will generate on S.Rolling.Hill ❑r. (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 emeUency access to the site-, b. Concern pertaininm to construction traffic using S. Rol li ng 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-along Rolling Hill Dr. and impact on such if T improvements to Rolling Hill Dr. are required. 3. Key issue(s)of discussion by Commission: a. Concern pertaining to generation of traffic from this development on S. Rolling Hill Dr. and lack of urban improvements on Roiling Hill ❑r.:possibility of restrictingpublic 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 #S1116i427990)to be included in the annexation old pre)iminarypIat 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 parking to be provided on the site in accord with UDC standards and possibilityof a shared parking agreement with the adjacent property to the north as an alternative to on-site parking; 4, Commission_change(s)to Staff recorn-mendatiou: 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#VllI.A.Ih), IL. Requirement for the Applicant to submit a copy of the_purchase ageement for the out- parcel at the north boundary in lieu of granting an access easement to that property(see condition#V III.A.2a). S. Outstanding issue(s) for City Council: a. The Commission requested the study of the OverlandlSilverstone intersection with respect to sole access to the site from Silverstone be completed and.reviewed by ACHD prior to the City Council hearing.This was completed and reviewed by ACHD with the Following findings. The analysis aid-original study show that the intersections will overate exceeding level of service thresholds with&without the additional traffic fi-om this development.ACHD is supportive of restricting Rolling Hill Dr. to emergency access only with this development since this intersection mainly serves the RackhamlICCU development,this development is part of the overall Rackham Page 18 Page 200 Item#10. 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. 1?. 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 1 1-4-3-27B.3, d. A waiver to UDC 11-3A-5B is requested to allow the Ridenbaugh Canal along the east boundary of the site to remain open and not be piped.A 6-foot tail open vision wrought iron fence is proposed along the canal to preserve public safe . � ��aidiatl.City Coun�lLii��r_�r��e�- ?i1�2�At th�ul�lic hea��F>>g�tktie. Co--uncii-tnoy_ed to annrove the subiect AZ_PP-,.CUP and CR requests_ 1 tt SummEy of-thc-Culy CQumU uWc n . - -- a. In favor: Jon Wardle, Briahton Corm.[Applicant's Representative) _v _ C= Cymmtti_ _5ae d Witten testimony: Chris_Maiocca_Michael - Blo- c Stiff�res�tiin�a�nlieatis�nF��b_HQ�si------ - f. Qilau- a�£f cQr Qtati g �nlhe� o I Key issue(s)of nubiic testimonv: a. �sftzr Ra1�it1FaI�r, to he used� Y �sss�1 ft�th. b, Qneaing issues wi construction traffic-usi tg-R 1 in HLI ; � Concern with�r�?h�cttl de�l;tnned�th��a�s�Rttlli�,g.fiilLDs�wi�i be�ka�� anddoesn't want traffic turning around in her driveway_(Pam Haynes); d Ajlicant mnmittato- -jp doing 'It -r-access t - -its soon as no lam. The Applicant's request for City Council review of the Director's decision in regard to u tk� yrixa e n car ited lax DC 1 1�4-3 b AdeQuacy oftransitian�es between Proposed development and existing rural residential uses: G Annexation of the out-nar=Untp the City once e dey-clonct and Setting t n l� t-d ong��e�in wbidbA u-be annex, d,. Annexation of the multi-family portion of the development with R-40_rather than C-G caning as-r=m=ndgd y_ toff andw-ced- p ubY_ibe.At7Ali 1 e. Int�an of uses and pedestrian connectivity within the development and the great expanse of parking between the multi-family and office use Uug:%rn Iannin i 72r, and wbenlif it o-uhd berme-opened f�rg b access f��rr i to the b tie�l�y�l�irn� -- Con=pertaining to-the high volume of rzaffic on he,generated from this development and traffic backing up at the signal if it's the only access for the IL CDneQmJfRQU t>a Hill Dr cJQi-e-d fQr�ublie ee s tstt �it�,how it will met r� opened at some point in the future; 1 2wag of oczaite par ug-fort �lfi-f�rr � �lg et�t; y�il.ahiiity of czverflow_ Parking in the Office portip-n of the developmeaL Page 19 Page 201 Item#10. Desire for a parking garage to be provided within the commercialpoiian of the �e_yc_1_Qpmenti, X ased_&Yclqprnmt_on area FichQ4ls--Counc l nol Yea convu d, 4_ City Council changes Commission recommendation: Th0Co=cil &not.bg in�d �c t�ct�� f �'t�l�u��i to wrg ts4nAD-0-o�g the MA 10 preserve public safety: b ThoCQuttgiI nnra he A nli nt' r��[res f9�Cat 9ltn iLre�iew of the A�1 1gx dish =_mI iWng.tQ the private usabir,o2gamme to allow the amott gig ly requegeA v.. Al 5taffG rp$uot,_Cundl.quuiredftAmliou_UQ_emter_iato a mw_DA.fQr_Ihe_twzrct raftr than amend-the!r._ac_i9Wg DA as_gxighnall�t� `un it required a DA provision requiring the 0 t-nareg]sliver of land along t se ngr��-��g.�]sl�af�h�5i1��.�7�:��Y�ithin�lg.1�]wear Qf recnr��ligt7�i~tlle DA the western r.zoned bortion of t e iti=fa it eel rnent sho-Jd-b e refined to R-40 at the same time]: T- — Coun-cil res ircd Ra>1a&Ril1Pr.tQ krr.0 cd-as gaumgy_.acC,0a-W-dYA %f"s k and be closed for public access to the site as committed to and presented; 1• Council ppraved the ropos_d 2arkm without requiring additional space.tie Aa Page 20 Page 202 Item#10. VII. EXHIBITS A. Annexation Legal Description & Exhibit Map 19M Fehruary B,2022 Project No.20.219 Exhibit A Legal Description for Annexation Eagle View Landing A parcel of land being Lnts 13 through 16,Block 1,Lots 8 through 12,Block 2 of Rolling till)Subdivision (Book 18 of Plats at Page 1,202,retards of Ada County,Idaho)and unplatted land situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Township 3 North,Range 1 East,B.M.,Ada County,Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00'05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,S00'45'25"E a distance of 227.22 feet to a S/B-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-cf•way line,589'34'32"E a distance of 672.76 feet; 'thence leaving said southerly rig ht-o€-way line,S00 W07"E a distance of 14.37 feet; Thence 589'1S'23"E a distance of 478.72 feet to the westerly boundary of Ironwood Subdivision No.3 (Book 77 of Plats at Page 8,099,records of Ada County,Idaho)and the centerline of the Ridenbaugh Canal; Thence following said westerly boundary and said centerline the following two(2)courses: 1, S12.52'S4"W a distance of489.50 Feet; 2, S14'05'22"W a distance of 627.49 feet to a 5/8-inch rebar on the southerly tine of said Northwest 1/4❑f the Southeast 1/4; Thence leaving said westerly boundary and said centerline and fallowing said southerly line, N89°14'19"W a distance of 887.95 Feet to the 5outhweat corner of said Northwest 1/4 of the Southeast 1/4(Center.-South 1/16 corner); Thence leaving said southerly line and following the westerly line of said Northwest 1/4 of the Southeast 1/4,NW'05'15"W a distance of 2099.57 feet to the POINT OF BEGINNING. Said parcel contains a total of 25.76 acres,more or less. Attached hereto is Exhibit B and bythis reference h made a part hereof, 5�n LL a V, 12459 4 -I a9 17 F gZO 4 2 5725 North Discovery Way•Boise,ldahv83713•208.639.6939•L-mengllp.ram Page 21 Page 203 Item#10. POINT OF COMMENCEMENT FOUND ALUMINUM GAP CENTER 1/4 CORNER SECTION 16 S00'05 15'E 227.22' (TIE) 500*00'07"E POINT OF BEGINNING Inter5tate 84 1 4.37' 589'34'32"E 672.76' S89'15'23"E 47B.72' - Parcel Parcel R7555000280 S1116427950 Parcel V R75550UOI5Q � Parcel 5 ' R7555000270 Annexation Area:25-76±AC. ;n Parcel Parcel Unplatted a Ln rn B7555000261 Ln x pi R7555000151 TCO Fj� o Pa rcel ° m Parcel = 51116428010 R7555000265 Q Ln Centerline of 0o � � Panel Ridenbaugh� a a Parcel R7555000155 Canal a R7555000251 z z Parcel Parcel R7555000255 R7555000140 �• ry ro v k L '2 Parcel :V 'n R7555000240 Parcel R7555000130 N89'14'19"W 887.95' 5dQ'05'15'E 1326.80' (TIE) Rolling Hill AeWel Subdivision Subdivision —,—__FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 C 200 400 60:I Ian Plan Scale:1"=200' E N G I N E F k I N G 5725 RORTH DfSCOVERV WAY Ifq 15r.IQAHD&VI.1 PHONr poiq 63..; Exhibit B -Annexation kmpnKp1p.X0m Eagle View Landing DATE: Fe>t wy Z04 pflD1rCT- 2D-?19 SHEET Lots 13-16, Block 1, Lots 8-12, Block 2 and unplatted land in a portion of;he 1 OF 1 NW 114 of the 5E 1/4 of Sec. 16,T3N-, RIE., 8-M., Ada County, Idaho - Page 22 — Page 204 Item#10. km E N G I N E E R I N G February 8,2022 Project No.20-219 ExhibitA 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,Ida hoy and unplatted land situated in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 16,Townshi p 3 North, Range 1 East,B.M.,Ada County,Idaho being more part4cularly 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 rnarking the South 1/4 corner of said Section 16,thence following the westerly tine of said Northwest 114 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 following said southerly right-of-way line,S89°34'32"E a distance of 672.76 feet; Thence leaving said southerly right-of-way Iine,SOO"QO'07"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 Canal; Thence following said westerly boundary and said centerline the following two(2)Courses: L 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 6M66 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 havirr 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 114; Thence following said westerly line,NOO*05'15"W a distance of 514.43 feet to the POINT OF BEGINNING, Said parcel contains a total of 13.76 acres,more or less. Attached hereto is Exhibit B and by this reference is mane a part hereof. �Gl 12459 a •�ry��' 4F t�4� L. BJN6 5275 North DisCovery Way•60i5e,Idaho 63713 • 208.639,6939• kmenglrp.com — — Page 23 Page 205 Item#10. POINT OF COMMENCEMENT FOUND ALUMINUM CAP ��-CENTER 1/4 CORNER SECTION 16 S00'05'15"E 227.22' (TIE) $00'00'07"E POINT ❑F SEGINNING Interstate 84 4.37' S89'34'32"E 672.76' 389'i 5'23"E 478.72' Parcel Parcel 5111642795D 1 R7555000280 I o v = o` R7S5500016C rcel Parcel I Centerline of Ridenbaugh ro Pareel a` Proposed (m Canal 3 m �n R7555Qp027❑ = Toning:C-G °(o Unplatted L Parcel Iw Pa ree I � 'v R755SO00151 r(w 51116428010 � z Parcel (Portion) E (Portion) R7555000261 Parcel it+ R75550D026S Sl4'05'Z2"W fi2.66' "y m (Portion) � z a L1C1 N89°54'38"W 619.66' v ��—r, Q N89-52'56"WJ Rolling Hill } I 239.55' Subdivision Unplatted � a a 3 r 0 L CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD 9RG CHORD C1 339.50' 153,33' 25'52'36" W5'27'32"W 152.03' LINETABLE LINE BEARING DISTANCE L1 N64.33'26'1N 22-04 FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 0 20D 400 600 km Plan Scale: V=200' E N G I N E E ItI N G 5M NORTh 015COtERY WA• 000r-13AFO 8.171 NO N E 12 03)5 5g6M Exhibit B- Rezone t0 C-G AmAj1b.rArs1 Eagle View Landing DATE; Fmbr mq=1 PROJECT, 2U-.1R SHEET: A portion of$locks 1.and 2 of Rolling Hiil Subdivision and unplatted land situated In the 1 OF 1 NW 1/4 of the SE 1/4 of Sec. 16, T3N., R1E., B.M., Ada County, Idaho Page 24 Page 206 Item#10. 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 Eagle 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 Rolling HI II Subdivision(Book 18 of Plats at Page 1,202,records of Ada County,Idaha),and unplatted land all situated in a portion of the Northwest 1/4 of the Southeast 114 of Section 16, Township 3 Forth,Range 1 East, B.M.,Ada County,Idaho being more particularly described as follows' Commencing at an aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00"05'15"W a distance of 2,653.59 feet from a brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4,SOMS'IS"E a distance of 741.65 feet to the POINT OF BEGINNING. Thence leaving said westerly Ilne,56.4`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 of339.50 feet, a delta angle of 25°52'36",a chord bearing of 575"27'32"E,and a chord distance of 152,03 feet; Thence 589°52'Sfi"E a distance of 239.55 feet, Thence S89"S418"E a distance of 619.66 feet to the westerly boundary of Ironwood Subdivision No.3 (Book 77 at Page 8,099,records of Ada County, Idaho)and the centerline of the Ridenba ugh Canal; Thence Following said westerly boundary and said centerline,S14"05'22'W a distance of 564.84 Feet to a found 5/8-inch re bar 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 cf 887.95 feet to the 5outhwest corner of said Northwest 1/4 of the Southeast 1/4 (Center- 5outh 1/16 corner); Thence leaving said southerly line and Following the westerly line of said Northwest 1/4 of the Southeast 1/4,NOQ"05'15"W a distance of 585.14 feet to the POINT OF BEGINNING. Said parcel contains a total of 12.00 acres,more or less. ��ll+L CDP a 12459 Q a � 9� OF L 5725 worth Discovery Way• bvise,Idaho 93713• 298,639.6939 • kmenglipxcQm Page 25 Page 207 Item#10. POINT OF COMMENCEMENT FOUND ALL)VINUM CAP CENTER 1/4 CORNER SECTION 1B 0 700 40D 600 WiW i v Plan Scale:V =200' Ln i'to (tolling Hill Subdivision a Rackham to n Subdivision Parcel POINT OF R7555000265 Parcel `" BEGINNING (Portion) R7555000151 Unplatted 2 (Portion) o cy S89'52'56"E 589'54'38"E 619.66' 2,39.55 Parcel I Centerline of (n Ridenbaugh Q u7 -4 Parcel R75550DO155 k Canal z R7555000251 Proposed i o c° CID Zoning:R-40 , ,i� Parcel ` m `n I= S1116428010 3 Parcel Parcel �I666 (Portion) a R7555000255 o n �, R7555000140 C I.F ' to ;n r " a c Unplatted ma0 � �'ICW 3 Z Parcel R7555000240 Parcel 1 R75S5D00130 i I � h189.14'19"w 887.95' Jewel Rolling Hill Subdivision Subdivision i CURVE TABLE CURVE RADIUS LENGTH DELTA CHORD URG CHORD i C1 339,50' 153,33' 2552'35" 575'27'32'E 152.D3' LI N E TABLE LINE BEARING DISTANCE lam L1 S64'33'26"E 22.04 FOUND BRASS CAP E N G I N E E R I N G SOUTH 1/4 CORNER SECTION 16 s7Z�WORN DISCOVERY WAY BO15E.�GRHS a77E3 RHONE{2Qlt}d39.4A39 Exhibit B- Rezone to R-40 en�P`�m Eagle View Landing DATE: Fewuarf M22 PROAcy_ 20.2:)A SHEET: Lots 18&19,Block 1 o4 Rackham Subdivision,a portion of Blocks 1&2 of Rolling Hill Subdivision, 1 OF 1 and unplatted land situated in the NW 114 of the SE 1/4 of Sec.16F T3N.,RIE_,B.M.,Ada County,Idaho Page 26 Page 208 Item#10. S. Preliminary Plat(date: 10/25/2021) PRELIMINARY PLAT 5HOWING 'U'4 "u` )' .W° RACKHAM EAST SUBDIVISION A RE-SUBDIVISION OF LOT 13.16,BLDCK 1,LPT5 5-12.BLOCK 21;1 RCiLLI WG HILL 5H EIDIVLS I ON, J 0 LOTS 18 19,BLOCK 1 OF RACKHAM SUBDIVISION AND UNPLATTED LANDS --ALL SaUATED 14 A P DR710N Or TH E N E 114 OF T HE SW 114 AND TH E NW 114 OF THE SE 1/4 _r OF SECTION 16,TOWNSHIP 3 NORTH,RANGE 1 EAST,BPI SE MERIDIAN, CITY OF MERIDIAN.ADA CCU NTY-IOAHO TUNE 1021 1 I ..r...,, w I ...�.�..4 w C-6 G6 C-� G6 C-f: 1 rseuscYe e.n.t�nfa__ •tea- _' t I ...._, MR , RAM iAM EAST SU417IOWR — — _ y I�1 I � M[1Yn�4Mt ryaT Page 27 Page 209 Item#10. C. Landscape Plan—Preliminary Plat(date: 10/15/2021) rc ra c-� es « x._._ �M--�- Wlk XT I . 4 _+ .�.. : .•sir--.r.��a, �ii r.- -..---..�� y-may—�•• _ � � � OE�WF4 nEF Yl11RN166YP�1�[A',f'��n MCKHAM tA -W6�NL'DN PRELIMINARY PLAT LANDSCAPE PLAN ., wpm °"s� ��'" ,WEECA[LVFAT10NSE1 EFl 4 � �_..Y, u -- m1Ar.SfPESi iA05 ! b" IMIGAiIOH 4EO�lIdEMEHiS T ••••�••••••» ��+.� I AIIREESREWIREC1PgMN `•PPLLW Page 28 Page 210 Item#10. D. Conceptual Development Plan d � - o 2 ?' 2 S Page 29 Page 211 Item#10. E. Site Plan —Conditional Use Permit(dated: 6'V-24 1/6122) & Phasing Plan km J�JIi s'• - — �s 4 � -4• j ., + =� _ II.UiU �11 LU ' a I1 f � I ^T I �'� r '•' ---- �_.: L Ct1P 5RE PL4N BTU T g _5 Page 30 Page 212 Item#10. -- Phase t e A t R v_ I e R L • I � _ I ti• T. f Phase 'I �. Page 31 Page 213 l ■. _ SAL�� ." J■tir r Mm in ■. I I 1 1 l • i • 4- BRIGHTON CONCEPTUAL,SUBJ ECT TO CHANGE N !R n OF-Me Lo �. MA r i • � r �� a �� Item#10. F. Landscape Plan —Conditional Use Permit (dated: 613121) m loll Trr s _ ram,-ti _TFF u CUP LANp5Cr1PE PLAH ....fixrmira`e?rn.owrrinswP arc oec�a ouxi wRew A-11M MI-M AM1 TNEE[xW1A100M IITRUJn kn jjj— waa.n•,.w. ""�. �qx. .a. wn. n .ei ao,.�. ,.a. ,r. ne . VAOMCF PARK*4 tM PEffl4%7 [%-O$DSCW SM PARmWcAL TOM PAfMWBLMp TOES 6 - • � .�._e.unr.. rew.. aw ..a. e � ••s.,..�m.uw_. u�� :^3�.Nr._ TREE SPfl7ER MIX MFnBiglpl RgQ�W mra�rxffs gam== Page 33 Page 215 Item#10. G. Open Space Exhibit for Multi-Family Development(dated: 613121) &Amenities .,rJn1T 44 MITMirriiiiiiinrn ,r { 1 IF7R �_ r - t (.ONI)MONAE USE PERM11 QUALINEDOPEN SPACE EXHIBIT 5 G oRcurnnwz�src wcwnnorrs i rxr-n Page 34 Page 216 Item#10. ■ Amenities o Central Core Amenities ■ 24-hour resident lounge • Warming kitchen ■ Entertainment area ■ Game area • 24-hour fitness center featuring Rogue equipment • Locke Rooms with showers ■ Zoom conference roonr(s) ■ Wi-fi throughout all amenity areas • Resort style pool & year-round spa ■ Pool-side patio and grilling area ■ Outdoor pool lounge ■ Ainazon parcel system • Dwelo Smart Home Technology o West Courtyard (see page 10./br exhibit) • Shade structure • Outdoor Kitchen with BBQ Grill ■ Benches ■ Outdoor seating surrounding a Fire Table ■ Festoon lighting • Cornhole • Outdoor Ping Prang Table • Sand Volleyball o East Courtyard (see page 10,forexhibit) ■ Shade Structure ■ Outdoor Kitchen with BBQ Grill • Benches ■ Outdoor seating surrounding a Fire Tab • String Lights ■ Cornhole • Outdoor Ping Pong Table ■ Snook Ball Court • Bocce Ball Court Page 35 Page 217 Item#10. AVFNITV F EATIIRES — x9en[o n ocslcw ayr[cr allloceR Iw rmw alu[E suLI-Wer-e1 aenl o.ns to[9h e99.ewe IFS WAP45 a ASP-Tr.►EP.71 a oommw pA1a5— r _ I�'� -bV1yQOP}-M9 AO wG}alu• roll vAmoiNG KmpAnvi Pofn roR SmLms Ixfrr L7 _ ATT;LMIFM. l 7[xwo[qwn. y� sM v VKN of e� C3 ' FMF 11p L- -� - ----- - --- !d �_ r sl MTw urclr rar � ! —ouTwo9w SEMe[a- Vow Carcelrr STo ._- �� If� [ .�7Y1�4 =�eELW�G Y4v.H1MF�Arf►7 m - aV[m,lW SKQX Y1RV WFL- --- A[Rtou oR v x SAP-S. 1 - - r l—— — E1 p C3 �. "' • m 1 WEST APARTMENT COMPLEX 3imin Page 36 Page 218 Item#10. AME WITY FEATURES ouruloe rr�tr.rr1.� _ _ im G --—nlc[srnepr1c ttcaulm rpers ruff swo"7[COpAiK►Osrs k1111fyar 0[SE6/ .s.rCT 3[A{S 2 rplr SrybEG L{A1r sTTAcryy[y1• - ►41 rC) rorS e.m corr>w sou d 1 Ws� Mfla rAAY- o' HrAL CE'rrslos I MM L�r %. .'.M _+• -:{ &III V� _ � KP-11,AfP-I1 mWK"V Ks"AMC]SCfr1E5—_� � _ _ _ —41opf w>.Ca _ ¢ ft"rER MTS DM C(P"pti � �. - -.' _ W R r."V. wis'Aws Jf ~f r[A1n+10if id.ui .V-TT,AS-31 _ iF •:.'rorR"+[rE Ms T ._r ��W1900�RwG PONc .rAl" I y� d EIELCYm rMWW.0-A1'E45— o. - �•''-- -.� a �� WrGGOn sucAr".- putGo S.uY[SSNCr4wK.~�PpflJy4 ' i N r �' � � i.i lip^��• p Joe EAST APARTMENT COMPLEX Y Page 37 Page 219 Item#10. H. Pedestrian Circulation Plan xa LI 7 _ 1 I ^I axa aa: y I O i-_ � w LLJ VL Page 38 Page 220 Item#10. 1. Conceptual Building Elevations (dated: 5/31/2021) Ar awl i -�-Wz r r 06 .�cF�W�.fn•�Y.v+G BUIDroa a.c ..-—--- �� Page 39 Page 221 Item#10. LG Up - t— I J i yA�LE�kYf LAHP1HG-B�IZPIH`G:P16 `r`.^�~ � B EA�E�Ev�L+wPIr+G-8a40`G-PIB ..W_,..,.....,'�_ Page 40 Page 222 ion Tt goo _ 4 � ii 1J EAGLE\qEW LANDING IFA$INC; ,_ 41 � J 1111 SIGHAGE- _t 2- Page 42 Item#10. 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 ww;annue_red with Rackham Subdivision that is the western portion of the multi-family development should be rezopied to R-40 when the out parcel is obtained and annexed into the City. A. PLANNING DIVISION 1. Development Agreement(DA) (4nst #201❑ 03 7925 u 20 ) nnnc) for the Rackhain development-is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,an amended DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption: and the developeAn application for such shall be submitted to the City,preferably so that it ean go to H FL-ft shou'd be submitted with the app Heatieft that is ea nsi ste nt with th e A4 U R FLUM designation. gently._a fee of$303.00 shall be paid by the Applicant to the Planning Divisii_on Drior to commene_ment of the DA. The aqmnefided 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.,ertai,,:.,,.,., t4ig site will be deter-mined at the iiiiie 91'submittal afthe applieatien-; tile fallow+'09 —ay be inekided-- TheDA ah_ll..at mi_nj m gp MQr_at�t f�1Q g rnvisinns_ 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 coirunon, usable gathering area, such as a plaza or green space in accord with the mixed-use guidelines in the Comprehensive Plan (see pg. 3-13). c. Provide a pedestrian pathway within the street buffer along 1-84 as depicted on the conceptual development plan with landscaping along the pathway as set forth in UDC 1I- 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 I1-3A-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 fl3is site; or,the existing PUDI easements and right-of--way for S.Rolling Hill Dr.shall be vacated and a property boundary adjustment application approved to consolidate the existing lots into one f I parcel prior to submittal of any building permit applications for the site. f. Compliance with the specific use standards listed in UDC 11-4-3-27: Multi-Family Development, is required. Page 43 Page 225 Item#10. g. Provide off s: tom._fat!S. Rolling Ai11 D eensistent with Ada County bot wide gr-avel Sheulders and 6 foot wide s;dewalk on one side of S. Relling Hill Df. in aeeer-d with the City's adopted standards, speeifiea4ians Ratline Hill Df:. Ac es f��tlte_vt t .laa11 bap v dui �5 >st�i fi��. Oyer Law d_R__c mer em onl i acce��ll b�Prov_idedY-w-Ro_IlJRH D-E-&1e Witth eview.of'fitture protects to the soot . Rallirrg_Hill D% mal,be opened ba. up or i g �a r�s 1._ 11ri it�,y e er tr r? t v the n ,cud - 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 by the Applicant. i. The out-parcel(Parcel #S1.116427 M a]ong_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 11 16427890•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'1he pathwgv planted with a mix of trees, shrubs, lawn andlor 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 II-�?J-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 ol'a waiver frorn City Council to leave the Ridenbaugh Canal open Counod unnmed the request to leave the Ridenbaugh Canal open6- Cross aeeess�ingress egress easementsshall be pfovided between all in!s ift the subdivision as Page 44 Page 226 Item#10. !he final plater-aseparate recorded easement-ii aeeai with rz C—i 1 3 r 3A.2.Inchided in catadition #2a above. 7. The right-of-way for the portion of S. Rolling Hill Dr, north of the southern boundary of the site stealI be-vacated prior to signature on the final plat. Not necessary to include as a plat condition as it's included as a DA provision above in Section VIII.A.I 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 V[I shall be revised as follows: a. the site as set fbfth in UDG Table 11 2# 1, landseaped per the standards listed in WDG development- Not requited ivith R-40 zoning. b. Depict all property lines in order to demonstrate compliance with the minimum setback requirements listed in UDC Table 11 28 3 11-2A-5 and 11-4-3-2 78,1. c. All on-site service areas,outdoor storage areas, waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC I1-4-3- 2 7B.2. d. Depict the location of the property management office; maintenance storage area; central mailbox location,including provisions for parcel imail,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 tail 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 II-3B-12C.A mix of trees, shrubs, lavers andlor other vegetative ground cover vvith a aninitnian of one (1) tree per 100 linear feet q f pathwat 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 I1-3C-5C. Bike racks shall be provided in central locations for each building. .1 Tequred Parking-spaces pet!UDC 11-3C 3A-6-. Based on the number of bedrooms per unit Page 45 - — Page 227 Item#10. andsquare footage of the clubhouse proposed, a minimum of 664 standard off-street parking spaces are required with 348 of those being in a covered carport or garage,if these i:rr►r:berslsgarure}notage churzge, parking Ifarx}r be ad jusled accordingly to comply with applicable UDC standards. Parkhjg standard alternatives are listed in UDC I1-3C- L-Cftv cnundI ruaPmved e P_roPased,a�rl ty_as-is-w9h na uAdi oral aarkinxrewrgd. 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, TheDiree�efjQjLy.Cp cil..a roved the Applicant's request for Alternative Compliance to the private usable open space standards in UDC 11-4-3-27.13.3 ° t4 50-W zcr_Q. fQrto uniLa, 4qua�ftSs.f.] ❑r 1-beda uni ids 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? Do not have a sewer stub to the south on S Rolling Hills Dr. These properties will he 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 228 Item#10. 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 farm 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 8112"x i 1"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 1 I-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 1 10%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 Fay 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 229 Item#10. 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 shalt be performed in conformance with MCC 1 1-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered back fiil,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 I-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 all 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 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 littp://www.ineridiancity.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 infortnation 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 inforination at 887-2211. C. FIRE DEPARTMENT htWs:/Itiveblittk.inet-idiancin,.tttgllf'ebLinklDoc6 ietv.aW-Y?id=241983&dhid=O&)- po=Met-idia►tC ill) D. POWCE DEPARTMENT Page 48 Page 230 Item#10. httM.:llwehlink.rrreridiancity.otglWebLinklDoc View.a&x?irl 241580&dhid=0&rcpo=MeridianC iy E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianeity._orglWebLinklDocView.gWx?i_d_=242184&dbid=Q&repo=Meridians' F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) haps:llweblink.meridiancity.orglWebLinklDoc View.aspx?id 243206&dbid=0&repo=MeridianC itil G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST 1DAH0(COMPASS) https:llwehlink.nie►•idianc•iri,.orglWebLilaklDoc,Vie►r-.aW.v?id=244287&dhid=0&i—Wou MeridianC itv H. WEST ADA SCHOOL DISTRICT(WASD) hops:llwehlink.rneridiancih-.org1WehLink1DocView.aspx?id=2443 09&dbid=0&repo—,Meridian C Ry 1. ADA COUNTY HIGHWAY DISTRICT(ACHD) httqs:llwehlirrk.naeridiarrc•ity.orglWebLirrkIDocView.asps?id=240968&dbid=O&r-Wo=MeridianC i1 hWis:llweblink.rneridiancity.orglWebLinklDoc View.aspx?id=250050&dbid=O&rCpo=Meridian hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council_finds the proposed zoning map amendment to 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 once 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 231 Item#10. 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 burp amendment will not result itt an adverse impact on the delivery ofsemices 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: l. The plat is in conformance with the Comprehensive Plan; The City Council.f inds 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 IYof this repot?for more information.) ?. 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 o}'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 04, water and sewer and at?-v rather utilities will be provided by the development at their own cost, the Cit3x Council,finds that the subdivision will not require the expenditure of capital itnprovetnent 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, Fare,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 ofnnv health,safety, or environmentral 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 11-5113-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: l. 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 232 Item#10. The Cio) Council finds that the subject property is large enough to accotnntodate the proposed use and dimensional and development regulations rlf'the _-4_ r d C-G district(see Analis•is, Section V.for more itfo►anation). 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 oj'MU--R and is allowed as a conditional use in UDC Table 11-2B-?in tilt,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 nnir of other uses planned for this area and with the intended character of the area and that.such uses will nett adverselj,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 rend th►rt the use will be adequatey!set?ed bk,these facilities.. D. Alternative Compliance(UDC 11-513-5): In order to grant gpproval of an alternative compliance application.the Director shall determine the following: The Applicant requested Ow Council review of the Director's decision on the request for Alternative Compliance to UDC 11-4-3-27B.3. Citv Council apptoved the Applicant's request as orig nrallyproposed. l. Strict adherence or application of the requirements is not feasible, OR The Director inds UDC Table 11-3C-6 does not include parking requirements for studio units,-_them ore, this rndin2 does not ygplt�. The feeler City_Council_finds strict adherence or application of the requirements in UDC 11-4-3-27B.3 is feasible but to comgl,. the number oj'units mat,need to be reduced or other changes made to the development plait. 2_ The alternative compliance provides an equal or superior means for meeting the requirements;and The Director finds the proposed alternative compliance oj'proyidh►g parking for studio units consist with the standards{ar vertically integrated residential units, which is also consistent Page 51 Page 233 Item#10. with current updated standards Lor studio unitsprovides an a uid means Lor meefiyLg the requirement. 71we e tnrlr the p►oposed alternative complirrwtce to the private usable open space standards in UDC 11-4-3-27B.3 far each unit hwacceptable F.,.auegion 0%y.._.piubk 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. 'll1e_altemative_means will not be materially_detrimental to_the_public welfare_or_impair the intended uses and character of the surrounding properties. The Director farads that the proposed alternative means ofcompliance to UDC Table 11-3C-6 wilrmr t ie detri.m w tal to tba"blic-1ve f e or mWak tthe i rt rded rtse char aver _tlae sumounding properties. h i ^Council find the Applicant's proposal for alternative compliance to I1-4-3-27B.3 will not be detrimental to the Public welfare or impair the intended uselcharacter ofthe surrounding properties. Page 52 Page 234 Item#11. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Meridian Youth Baseball (MYB) for Priority Use of Sports Facilities for the 2022 Season Page 235 AGREEMENT FOR PRIORITY USE OF SPORTS FACILITIES—2022 SEASON This AGREEMENT FOR PRIORITY USE OF SPORTS FACILITIES—2022 SEASON is made this 15th day of March , 2022, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball, a nonprofit corporation organized under the laws of the State of Idaho ("MYB"). WHEREAS, City and MYB have historically worked together to enhance the Meridian community's quality of life by providing and supporting recreational opportunities for members of the Meridian community; WHEREAS, MYB desires to use, for its baseball programming, the baseball fields at Fuller Park, 3761 W Park Creek Drive, Meridian, Idaho, including all associated facilities, amenities, infrastructure, infields, outfields, fences, and/or vegetation ("Fields"); NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and MYB agree as follows. I. PRIORITY USE OF FIELDS. Throughout the term of this Agreement, MYB shall be entitled to priority use of the Fields for baseball practice sessions, games, tournaments, classes, camps, and related preparatory activities, which priority use shall preclude non-MYB uses of the Fields, at the following times: March 7 to May 26, 2022: Monday through Friday from 5:30 p.m. to 8:00 p.m. and Saturdays from 8:30 a.m. to 6:00 p.m. May 27, 2022: 12:00 p.m. to 8:00 p.m. May 28 to May 29, 2022: 7:30 a.m. to 8:00 p.m. May 30 to June 2, 2022: Monday through Friday from 6:00 p.m. to 8:00 p.m. June 3, 2022: 12:00 p.m. to 8:00 p.m. June 4 and 5, 2022: 7:30 a.m. to 8:00 p.m. June 6 to June 16, 2022: Monday through Friday from 6:00 p.m. to 8:00 p.m. June 17, 2022: 12:00 p.m. to 8:00 p.m. June 18 and 19, 2022: 7:30 a.m. to 8:00 p.m. June 20 to July 16, 2022: Monday through Friday from 6:00 p.m. to 8:00 p.m. and Saturdays from 8:00 a.m. to 8:00 p.m. August 15 to October 15, 2022: Wednesday through Friday from 5:00 p.m. to 8:00 p.m. and Saturdays from 7:30 a.m. to 6:00 p.m. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES Item#11. MYB shall not be entitled to use the Fields for any purpose on any date or time other than those listed above, except where MYB makes a separate facility reservation through the Meridian Parks and Recreation Department. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 237 Item#11. IL MO BROOKS FIELD RESERVATIONS MYB shall be entitled to use of Mo Brooks Field at Storey Park, 205 E. Franklin Road, Meridian, Idaho, including all associated facilities, amenities, infrastructure, infields, outfields, fences, and/or vegetation, for baseball tournaments, at the following times: June 3, 2022: 12:00 p.m. to 8:00 p.m. June 4 and 5,2022: 7:30 a.m. to 8:00 p.m. June 17, 2022: 12:00 p.m. to 8:00 p.m. June 18 and 19, 2022: 7:30 a.m. to 8:00 p.m. MYB shall not be entitled to use Mo Brooks Field for any purpose on any date or time other than those listed above, except where MYB makes a separate facility reservation through the Meridian Parks and Recreation Department. III. RIGHTS AND OBLIGATIONS OF PARTIES. A. General rights and obligations of MYB regarding Fields. 1. Consideration. In consideration for the priority use granted by this Agreement, MYB shall pay to City the amount of fourteen thousand, three hundred sixty dollars and eighty eight cents ($14,360.88). MYB shall make such payment by remitting to City two (2) installments. MYB shall pay to City the first installment of ten thousand, seven hundred seventy dollars and sixty-six cents ($10,770.66)by August 1, 2022, and the second installment of three thousand, five hundred ninety dollars and twenty-two cents ($3,590.22)by November 1, 2022. 2. Communication of MYB Fields use. Communication between MYB and City regarding Fields use and scheduling shall occur by e-mail between MYB Contact and City Contact. Each party shall have the right to rely upon such communication in scheduling its uses of Fields. 3. Tournament staffing not included. MYB's payment to City pursuant to this Agreement shall include staffing for routine maintenance as set forth herein. MYB shall be responsible for payment of all fees due and owing for additional City staffing and services necessitated by tournament play. 4. Reserve other use. MYB's use of the Fields on days or times other than as specifically set forth in section I.A., above, shall be scheduled in accordance with City policy regarding field reservations and scheduling, including all applicable reservation and use fees. Reservation of the Fields on days or times other than as specifically set forth in section I.A., above, shall be scheduled on a first-come, first-served basis, and at such days and times, MYB shall be on an equal footing with the general public regarding its AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 238 Item#11. use of Fields, which shall include, but shall not be limited to, reservation requirements, priority of reservation of Fields, and payment of reservation and other applicable fees. 5. General field preparation. Except as expressly provided in this Agreement, MYB shall be solely responsible at all times for any and all necessary field preparation necessary for its baseball programming, including, but not limited to, raking and chalking. 6. Reasonable use. MYB shall employ best efforts to ensure that its use of Fields and Fields facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where MYB's use of Fields and Fields facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, MYB shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. MYB shall exercise best efforts to see that any and all use of Fields, where such use is scheduled or authorized by MYB, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, such reasonable policies as may be adopted or enacted by the Director of the Meridian Parks and Recreation Department. 7. Collection of fees. MYB shall have right to assess and collect reasonable fees for participation from members of the MYB program. MYB shall not collect any admission fee for access to Fields facilities. Except as otherwise agreed in writing, City shall not be entitled to any fee assessed and/or collected by MYB. 8. Equipment. Except as specifically set forth in this Agreement, MYB shall be solely responsible for providing, maintaining,preparing, repairing, and/or replacing any and all necessary equipment for any and all MYB activities at Fields. Any and all known and unknown risks and costs related to or arising from the use or storage of MYB's equipment, including, but not limited to, loss or theft of, damage to, and damage or injury caused by such equipment, shall be borne solely by MYB. 9. Banners. MYB shall be responsible for removing from Fields any banners or notices posted by MYB. 10. No right to exclude conveyed. Any exclusive use granted to MYB by this Agreement shall include neither the right to exclude any law-abiding person from Fields where such person is not interfering with MYB's use thereof, nor the right to interfere with any person's concurrent, lawful use of Fuller Park, where such concurrent use does not conflict or interfere with MYB's use. MYB shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. B. General rights and obligations of City regarding Fields. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 239 Item#11. 1. Notification of Fields closure. City shall provide thirty (30) days'notice to MYB when a field or fields at Fuller Park will be closed for routine or scheduled maintenance or repair of Fields facilities, infrastructure, vegetation, or other component, except that City may undertake,with fewer days'notice or no notice, emergency maintenance or repairs necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect MYB's use of Park or Park amenities or facilities as set forth in this Agreement. 2. Maintenance and utilities. City shall provide all necessary utilities and services to MYB and Fields, including, but not limited to, electricity, restrooms, water, sewer, and/or waste removal. City shall maintain the turf, including re-seeding, sod laying, weed and/ or pest control, fertilizing, mowing, and irrigating. City shall be responsible for general fence, field, and facility maintenance. 3. Bases. City shall provide bases for MYB's use on the Fields. MYB shall ensure that bases are left on the Fields for use by other Fields users. 4. Stop use; field location. Any duly authorized agent or employee of City may stop priority or scheduled use of Fields and/or City facilities, including play in progress, at any time where such action is warranted due to field or other conditions, or coach,player, or spectator conduct. Any duly authorized agent or employee of City may require that MYB utilize or not utilize a particular field or fields due to weather conditions and/or turf quality. 5. Public park. The parties hereto expressly acknowledge that Fields are public spaces, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Fields for any and all purposes and under any and all conditions, so long as such use does not conflict or interfere with MYB's priority or scheduled use of the Fields. 6. Scheduling; collection of fees. City shall be solely responsible for scheduling all use of Fields and Fields facilities and amenities. In accordance with its policies, City shall have right to assess and collect reasonable user fees from persons who use Fields; however, the amount of such user fees shall not exceed costs and expenses actually incurred. MYB shall not be entitled to any Fields user fee assessed and/or collected by City. IV. GENERAL PROVISIONS. A. Day-to-day communications. Communication between MYB and City regarding day-to- day matters (e.g., issues related to use, scheduling, and maintenance of Fields) shall occur via e-mail, facsimile, or telephone. City shall provide MYB the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and MYB for all matters regarding the day-to-day scheduling, use, and AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 240 Item#11. maintenance of Fields and Fields. MYB shall provide City the name, e-mail address, and telephone number of specific MYB personnel ("MYB Contact")who shall serve as the liaison between MYB and City for all matters regarding the day-to-day scheduling, use, and maintenance of Fields and Fields. B. All other notice. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via electronic mail ("e-mail"), personally served, or mailed via United States mail, to the following personnel and address: Steve Siddoway Ryan Bias Parks and Recreation Dept. Director President City of Meridian Meridian Youth Baseball 33 E. Idaho Avenue 13601 W. McMillan Road Meridian, Idaho 83642 Boise ID 83713 ssiddoway@meridiancity.org dr.ryanbias@gmail.com Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other parry in the manner herein provided. C. Quarterly review. The MYB Contact and the City Contact shall meet quarterly to review Fields use and scheduling, address any problems which may have arisen, and discuss improvements regarding the parties'joint use of Fields. D. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. E. Assignment. MYB shall not assign or sublet all or any portion of MYB's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of MYB. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. F. No agency. Neither MYB nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Fields. G. Indemnification; insurance. MYB and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in MYB programming, shall indemnify and save and hold harmless City from and for any and all AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 241 Item#11. losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by MYB or any MYB employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of MYB programming, at or in its use of Fields, Fuller Park, Mo Brooks Field, Storey Park, and/or any amenity or appurtenance thereto, or any lack of maintenance or repair thereon, which is not caused by or arising out of the tortious conduct of City. MYB shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of MYB or any MYB employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of MYB programming, MYB covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. City makes no warranty or promise as to the condition, safety,usefulness, or habitability of the premises; MYB accepts Fields for use as is, both at the Effective Date of this Agreement and for each practice session, game, and/or tournament, and any portion thereof. H. Compliance with Laws. In performing the scope of services required hereunder, City and MYB shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. Cancellation. The Director of the Parks &Recreation Department may, in his sole discretion, elect to close Fuller or Storey Park, the Fields, and/or Mo Brooks Field, and cancel MYB's priority use and/or reservation, with no notice to MYB, where closure is in the best interest of City or the public health, safety, or welfare, due to weather,Act of God, or other reason. City shall neither assume nor incur any liability for costs, damages, or losses incurred due to such cancellation, except that City shall prorate the amount due and owing under this Agreement, following mutual negotiation and written amendment of this Agreement by the Parties. For purposes of this agreement, an Act of God shall include, but shall not be limited to: fire, storm, flooding, disease, national or local emergency, natural or human-caused disaster, or any other emergency or hazard under which it is illegal, impractical, or unsafe for use of the parks, fields, or other facilities to proceed as scheduled. J. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. K. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire as of October 16, 2022. If the parties to this AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 242 Item#11. Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. L. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: 1. An act or omission by either party which breaches any term of this Agreement. 2. An Act of God or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 4. A decision by either party that termination will serve its best interests. M. Termination process. Either party may terminate this Agreement by providing thirty (30) days'advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven(7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. P. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any parry's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MYB. The parties signatory hereto AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 243 Item#11. represent and warrant that each is duly authorized to bind, respectively, City and MYB to this Agreement in all respects. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN YOUTH BASEBALL: y Bias President CITY OF MERIDIAN: BY: Attest: Brad Hoaglun, Council President Chris Johnson 3-15-2022 3-15-2022 City Clerk AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE page 244 Item#12. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Sole Source Purchase of Andritz Centrifuge Equipment and Related Software and Associated Replacement Parts Through Andritz Separation, Inc. Page 245 Item#12. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 3/15/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source purchase of Andritz Centrifuge Equipment and related software and associated replacement parts through Andritz Separation, Inc. Recommended Council Action: Approval of Sole Source purchases for Andritz Centrifuge equipment, software and associated parts. These items are only available through the manufacturer. Background: The City has installed Andritz Liquid/Solid Separation Equipment at the WRRF. Only Andritz equipment, parts, accessories and software are compatible with the existing system. Page 246 Item#12. November 11, 2021 Kimberly Bullard Office Operations&Marketing Manager-NA Sales,Business Development& City of Meridian Communications 3401 N. Ten Mile Rd. SEPARATION Meridian ID 83646 p:817-419-1746 f: 817-419-1946 Kimberly.Bullard@andritz.com SUBJECT: SOLE SOURCE SUPPLIER Page:1 (total 1) Andritz Separation, Inc. is an original equipment manufacturer(OEM)of the liquid/solid separation equipment and hold the sole rights and ownership to the Andritz-Ruthner, Bird Machine, Netzsch, R& B and Humboldt product lines. We are the sole source for all replacement parts, accessories, proprietary control system logic and services. All manufacturing components are based on Andritz's proprietary drawings, operating control systems are based on intellectual property programs and developed code. Commercial items are based on Andritz VJ engineered specifications, they hold the highest manufacturing tolerances, and we strive to achieve and ti W maintain the most optimized efficiency in all of our products. U U N Andritz Separation, Inc. is the exclusive supplier of these components and we do not operate with local o W distributor networks. We have multiple facilities throughout North America and regional Sales Engineers a W available to handle all of your service needs. Please feel free to contact Andritz Separation, Inc. directly or z visit our website at www.usa.Andritz.com. 0 z W Kimberly Bullard ANDRITZ SEPARATION INC Office Operations& Marketing Manager—NA Sales, Business Development&Communications SEPARATION ANDRITZ Separation Inc. 1010 Commercial Blvd.South Arlington,Texas 76001 USA Direct Phone:817-419-1746 Direct Fax:817-419-1946 Kimberly.BuIlard@andritz.com www.andritz.com A%MTL ANDRITZ SEPARATION INC/1010 Commercial Blvd.S./Arlington TX 76001/p:+1 817 465 5611/welcome@andritz.com/andritz.com Page 247 PURCHASING MANAGER Item#12. E IDIAN� 33 East Broadway Avenue .� Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: 3/8/2022 Item or Service: ANDRITZ LIQUID SEPARATION EQUIPMENT (CENTRIFUGE) Sole Source: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. JUSTIFICATION: (Attach additional pages if needed) The Public Works Department is seeking a Sole Source purchase justification for Andritz equipment, parts, accessories, software and service. Public Works has a current need to upgrade the Programmable Logic Controller (PLC) equipment and programming for two (2) dewatering centrifuges. The Andritz centrifuges are utilized at the Wastewater Resource Recovery Facility (WRRF) and are critical for proper solids processing and cost-efficient disposal. Programming support is necessary for continued operation of the centrifuges. Andritz will only support Andritz- provided PLC's and Andritz programming on their equipment. Andritz equipment, parts, accessories, software and service are only available through the manufacturer. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Procure enty,vion Approval Date: 3-15-2022 5 Kith Watts, Procurement Manager Requestor (Print Name) Marshal Latham Page 248 Item#13. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Meridian Community Pool Fees Page 249 Item#13. Mayor Robert E. Simison E IDIAN� Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader March 4, 2022 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Garrett White, Recreation Manager, MPR Dept. RE: Meridian Pool Fees Background For many years the Western Ada Recreation District(WARD)has offered swim lessons,public swim, and swim team practice space for our community. The fees attached are the fees WARD has adopted and planned to use for the upcoming 2022 season. Now that the Pool Operations and Maintenance Agreement has been approved by both the City and WARD, our plan is to adopt the same fees that WARD set for the 2022 season. We have researched what other municipalities—such as Boise,Nampa, and Caldwell—are charging for these programs and found that their fees are comparable. The Parks&Recreation Department is currently updating the Parks &Recreation Master Plan. A portion of the Master Plan Update is based on"cost recovery"and what that means for each program and/or facility. The pool is included in this study, and as we operate the pool this summer and come closer to completing the Master Plan update,we will have a better understanding of where the pool lands in regards to cost recovery. Registration for swim lessons is fast approaching. The goal is to open registration on Wednesday,April 6th pending fee approval from Council. Proposal To approve publishing the proposed fees for public hearing on April 5th for discussion and adoption. Page 250 Item#13. Meridian Pool Pricing Swim lesson e: Price per session: Group Lesson $42.45 plus tax= $45.00/child Private lesson $94.34 plus tax= $100.00/1 child Semi-Private $141.51 plus tax= $150.00/2 children Open Swim age: Price: Adult(18+) $3.77 plus tax= $4.00 Ages 4-17 $2.83 plus tax= $3.00 3 and under $1.89 plus tax= $2.00 Family Season Pass: Price: Family of 4 $150.94 plus tax= $160.00 Each additional family member $18.87 plus tax= $20.00 Lap Swim: Price: Adult/Child Refer to open swim pricing Private Party Size: Price: 1-50 people $141.51 plus tax= $150.00/hour 50-100 people $188.68 plus tax= $200.00/hour 100-150 people $283.02 plus tax= $300.00/hour Party room(30 people max) $47.17 plus tax= $50.00/hour Swim Team: Price: Swim Meet $1132.07 plus tax= $1,200.00/meet Practice Billed for use of Guards (hourly wage) Page 251 Item#14. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Solid Waste Advisory Commission Annual Update Page 252 item#�4. J. Scott Walters—Seat I City of Meridian Mark Nelson—Seat 2 . Rand Spiwak—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Kayleigh Philippi (Youth)—Seat 8 Tom Otte—Seat 9 To: The Mayor and City Council From: Steve Cory, Chair Re: 2021 SWAC Annual Report SWAC is pleased to submit its 2021 Annual Report: A. Membership: The Commission has appreciated being at full staff this year. Commissioner Steve Cory served as Chair and Commissioner Meg Larsen served as Vice Chair. Isabel Kau completed 2 years of stellar service as the Youth Commissioner and we are pleased to welcome Kayleigh Philippi as the current Youth Commissioner. B. Community Recycling Fund Program(CRFP): 1. Fund Revenue: During FY21, despite the global market, the CRFP received revenue: $ 38,740.32 Beginning balance for FY21; $ 13,534.18 Revenue for FY21 (from Hand in Hand We Recycle) $ 52,274.50 Sum Beginning Balance and Revenue (as of Sep. 30, 2021) 2. Fund Expenses: During FY21, the following fund's expenses were incurred: $ 1,633.47 Actual FY21 Squishy Water Bottle Pilot Program ($2,255 Budget) 3. FY21 Approved Projects —Final accounting yet to be completed—None $ 50,641.03 FY21 Ending Fund Balance C. Trash or Treasure: This innovative program was again conducted throughout the city. The event occurred the weekend prior to the 2021 Spring Collection week. Residents set out unwanted items, allowing others to come by, pick them up, and give them a new home thus diverting items from the landfill. City Staff and Republic Services worked together to market the event utilizing newsletters, social media, and Republic's "Call em' all" service to reach out to residents directly via phone or text message. Republic Services picked up remaining items as part of its Spring Cleanup collection services. Post-event feedback continues to be positive though residents still express desire for additional communication prior to the event. Both Republic Services and the Page 253 item#�4. J. Scott Walters—Seat 1 City of Meridian Mark Nelson—Seat 2 . Rand Spiwak—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Kayleigh Philippi (Youth)—Seat 8 Tom Otte—Seat 9 City continue to market the program and use it as an educational platform in a variety of forums (website, newsletters, etc.). D. SWAC Annual Activity: Due to COVID, the PW Expo event was not conducted. E. Recycle a Bicycle: SWAC provided support to Republic's Recycle a Bicycle program last year. Recipients were students at Meridian Elementary School, along with their siblings and families. These Meridian residents received 90 bicycles. F. Global Recycling Markets: Recycling markets and recycling revenue continued to recover from China's Green Sword program, however, revenue losses continued for Meridian's commingled recyclable stream. Revenues from recovered commodities increased, but processing and labor costs offset the improvement. SWAC continued to work with Republic Services and City staff to review the request from Republic Services for sharing of recycling processing losses agreeing to propose approval of a one-year extension of the processing fee. No changes to the $1.03 per household recycled material processing fee were proposed for FY22. G. Ada County Solid Waste Advisory Committee: SWAC Chair, Steve Cory, represents the City of Meridian's interests on the Ada County Solid Waste Advisory Committee. This committee allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection systems and services, including maintaining reasonable financial costs for the operations of the Ada County Landfill. Steve Cory reports back to Meridian SWAC periodically throughout the year providing valuable insight and information about valley-wide solid waste matters. H. FY22 Annual Solid Waste Rate Adjustment: SWAC reviewed and recommended to City Council approval of Republic Service's proposed FY22 Annual SW Rate Adjustment. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment and the continuance of sharing the residential recycling processing costs for another year as set forth in a separate contract amendment and acceptance of a fee increase to cover a significant spike in labor costs incurred in Page 254 item#�4. J. Scott Walters—Seat 1 City of Meridian Mark Nelson—Seat 2 . Rand Spiwak—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Kayleigh Philippi (Youth)—Seat 8 Tom Otte—Seat 9 FY2021. SWAC continues to be pleased that collection and processing costs to recycle have been set forth separately from trash collection rates. SWAC continues to believe that this transparency assists the City and public in better understanding the recycling industry's strengths and weaknesses when contemplating future programs or changes to existing ones. I. Subscription services: Subscriptions for curbside grass pickup have increased to 521 subscribers as opposed to 384 last year. Subscriptions for curbside glass pickup have increased to 170 subscribers as opposed to 134 last year. These are out of essentially 40,000 active residential accounts. J. Ada County Household Hazardous Waste Quarterly Meetings: Commissioner Nelson attends the quarterly meetings to stay current on the county HHW program and related topics. He reports back to SWAC after each meeting to review what was discussed. K. Presentations: Throughout the year SWAC received presentations regarding the following topics: I. Quarterly and annual reports covering Republic Services' collection services, donated services, the Household Hazardous Waste Program, and secondary market conditions for recycled materials (Republic Services); 2. Solid Waste Program metrics and data(City Staff); 3. Contamination issues at recycling containers at transfer station (Republic Services); 4. Squishy Water Bottle pilot program reports (Republic Services); 5. Eagle Glass Collection (Republic Services); and 6. FY21 proposed SW rates and new fees (Republic Services, City staff). L. Upcoming Commission Business: In 2022, SWAC is looking forward to working with Republic Services and City staff on the following projects: 1. Furthering improvements in recycling efforts including reviewing third party needs, opportunities to reduce contamination, and evaluating improving material separation technologies. 2. Promoting Meridian's Trash or Treasure, Hand in Hand, and Recycle a Bicycle programs; 3. Monitoring yard composting market trends and construction/demolition waste diversion efforts; Page 255 item#�4. J. Scott Walters—Seat I City of Meridian Mark Nelson—Seat 2 . Rand Spiwak—Seat 3 Steven Cory—Seat 4 olWaste Megan Larsen—Seat 5 STaryn Richmond—Seat 6 Advisory Commission [[, Shawn Keating—Seat 7 Kayleigh Philippi (Youth)—Seat 8 Tom Otte—Seat 9 4. Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; 5. Partnering outside the city through the Ada County Solid Advisory Committee to develop an amplified, unified message to divert materials from the landfill and reduce contamination of materials collected for recycling; 6. Continued expansion of educational outreach to decrease contamination in the commingled residential recycling stream; 7. Looking for opportunities to reach out to new residents of Meridian; and 8. Looking for opportunities to reach out to the youth of Meridian. M. Solid Waste Plan Subcommittee: 1. SWAC worked with City Staff to finalize the goals and expectations for the City's Solid Waste plan. An emphasis on outreach and education will be a theme of the Plan. SWAC looks forward to staff presenting the report and the opportunity to provide advice and consultation to finalize and implement the Plan. In conclusion, it has been an active year for SWAC despite COVID. We continue to gain experience and appreciation of the many challenges facing the solid waste and recycling industries. Our commitment is steadfast to work in partnership with staff and Republic Services to identify and recommend to the Mayor and City Council improved fiscally sound trash and recycling services and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to another productive the year. Page 256 Item#15. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Police Department: Request to Transition the Part-Time Anti-Drug Coordinator Position to a Full-Time Position Page 257 Item#15. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: March 15, 2022 Presenter: Chief Tracy Basterrechea Estimated Time: 15 Minutes Topic: Police Department: Request to Transition the Part-Time Anti-Drug Coordinator Position to a Full-Tim Position Recommended Council Action: Approval Background: Page 258 Item#15. MERIDIANANTI-DRUG COALITION .+� CGALITION WA D � STRENGTHENING IDAHO OUR COMMUNITY Anti-Drug Coalition Coordinator: Part-time to Full-time The fulltime Substance Abuse Prevention Coordinator and part-time Anti-drug Coordinator have been working at capacity limiting new opportunities and increased expansion of prevention programming to Meridian community members, especially the youth in our community. Growth Comparison: Growth Category 2015 2019 (pre 2021 (covlD) COVID) Average number of active MADC members 15+ 30+ 30+ MADC community partners 20+ 40+ 40+ Prevention education at events annually 30+ 70+ 60+ Email distribution subscribers 100+ 400+ 350+ Community members reached Not tracked 21,000+ *5,000+ *Prevention education shifted from in-person to online,impacting tracking rates for community members reached. Efficiencies: while the coalition has grown substantially over the last five years, further expansion of prevention outreach and programming has plateaued due to staff constraints. If this position became fulltime, one of our top priorities would be increasing prevention education to youth through our longtime partnership with West Ada School District. In addition, we would expand our local and state partnerships accepting invitations to serve on workgroups and collaborate on expanding prevention programming. Communication: our substance abuse prevention education and resource referrals are done through a variety of communication methods. With the addition of a fulltime position we could increase: • Prevention communications throughout the City, State and Police Department • Prevention education in collaboration with community partners • Social media Recruitment: making this position fulltime would help attract candidates who are more likely to remain in the position for an extended amount of time (long-term cost savings benefit to the City) and come to the City with a broader set of prevention knowledge and skills to build upon. Our Mission:to strengthen our community through substance abuse prevention. Our Vision:to build Meridian into a drug free community where people can safely live,work and raise a famil• Page 259 Item#16. E IDIAN'-'---- JAMu AGENDA ITEM ITEM TOPIC: Mayor's Office: Discussion to Plan Use of Federal American Rescue Plan Act (ARPA) Funds Page 260 Item#16. C�WEII MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles Meeting Date: March 15, 2022 Presenter: Dave Miles Estimated Time: 20 mins Topic: American Rescue Plan Act (ARPA) Funding Discussion Recommended Council Action: Provide approval for allocation of Phase I project recommendations. Background: The Federal Government has allocated a new round of COVID relief funding under what is now known as the American Rescue Plan Act (ARPA). Council last held discussion on the ARPA funding options on September 7, 2021. Through the Coronavirus State and Local Recovery Funds Program (SLFRF),the City has been allocated direct funding of$12.8M. To date,the City has not requested or received any of the SLFRF funds, however an initial reporting was required and provided by Finance to the Federal Treasury by August 31, 2021 indicating that the City has requested and expended $0 of SLFRF funds available to date. As stated by the US Treasury, the ARPA funding also deviates from past COVID-19 funding efforts in that the Treasury recognizes that within the funding categories, each jurisdiction has substantial flexibility to meet local needs of the community. Within the ARPA funding guidance, the Treasury has identified four general categories of uses: • Responding to the public health emergency or its negative economic impacts • Providing premium pay to eligible workers • Providing government services (via replaced lost revenue) • To make necessary investments in water, sewer, and broadband infrastructure In January of 2022, the US Treasury published the final rule regarding the use of ARPA funding. Changes were made in many areas of the rule and guidance including broadening the set of eligible uses for public health response as well as eligible water and sewer projects (mainly to address both affordability and reliability); clarifying that reasonably proportional capital expenditures may be allowable; and streamlining options to provide premium pay to those who qualify. Most significantly,the final rule now provides a standard allowance of$10 million for revenue loss toward "government services"'. This change in revenue loss methodology allows Meridian to apply up to $10 million of the total $12.8 million Meridian ARPA funding to government services projects, compared to the previously presented $4.66 million (approx.). 1 US Department of Treasury. 2022. Coronavirus state&local fiscal recovery funds: Overview of the final rule. Retrieved from https://home.treasury goy system/files/136/SLFRF-Final-Rule-Overview.pdf Page 261 Pagel of 3 Item#16. Discussion: Staff is seeking approval from City Council to move forward with projects listed as Phase I projects. Our goal is also for Council approval for Phase II projects, however phase 11 projects will be discussed further at future Council meetings. With the ARPA funding being one-time money, strategies to expend the money on one-time capital needs make the most sense, rather than spending funds toward on-going expenses. ARPA funds are generational funds that will be spent. Like it or not, if Meridian does not utilize these funds, others will as they are projected to be returned to the Treasury and redistributed. With this in mind and following the State Legislature's spending plan for State funds, it is prudent that Meridian consider projects that satisfy broad community needs, lower capital costs, meet long- term investment goals, and lower ongoing (operational) costs to the community. As a reminder,the guidance and funding can be attributed to the four funding categories in the following ways based on follow up with the Treasury final rule guidance, and our Legal and Finance teams: Responding to the public health emergency or its negative economic impacts Some or all of$12.8M Providing premium pay to eligible workers Some or all of$12.8M Providing government services (via replaced lost revenue) Up to$10M of$12.8M To make necessary investments in (water,sewer,broadband)infrastructure Some or all of$12.8M Since the September, 2021 discussion and considering these categories, an internal team of senior leadership, along with Councilwoman Strader and Councilman Borton developed a list of project ideas (Attachment A). This list considered the ARPA rules, operational savings, community benefit, project timing and whether or not a similar project was related to the current strategic plan and comprehensive financial plan as the necessary hurdles to determine whether or not a project should be considered. The projects have various benefits and scope, and many of the listed projects have an associated (calculable) return-on-investment (ROI). As you will find in Attachment B, there are project narratives provided to provide greater project detail and any relevant ROI consideration as well. Of note,you will not find a summary of the City's benefits trust COVID impacts repayment. That item came to light after the senior leadership group met, and was being evaluated by the Legal Department as to its validity under the Treasury guidance. It was determined to be a viable item for cost recovery as those costs are directly related to the COVID impacts on the City employee base. Phase I projects along with their estimated costs and the ARPA funding category they pertain to are listed below: • Facility HVAC NPBI COVID Response —$160K • COVID Testing COVID Response —$15K • Benefits Trust COVID Impacts Repayment COVID Response —$190K • Biosolids Drying Water, Sewer, Broadband —$5M • Cybersecurity SCADA Improvements Water, Sewer, Broadband —$250K • Energy Efficiency Study @ Utilities Water, Sewer, Broadband —$100K • Energy Efficiency Study @ Facilities Revenue Loss —$100K • Streetlight Improvements Revenue Loss _$1.0M Page 262 Page 2 of 3 Item#16. With an allocation of$6,815,000 in phase I projects, remaining funds of a little more than $6,000,000 are available for a variety of elements including possible costs overruns above estimates,the possibility of future COVID impacts if the virus increases in activity again, or other projects and reserves to future phase II projects. Future phase II projects include the Linder Road Overpass among others. The Linder Road Overpass project has wide community benefit and is able to address a frequently-noted, top citizen concern. In fact,transportation related improvements have been one of the top citizen concerns since 2014. In 2020 alone, over 95% of the community noted that transportation projects were the highest priority of the community.2 In light of the current state of the golf course needs (including irrigation) and the support for a budget amendment approach for current capital improvements needed; the needed future work to clarify the community center needs and its current CFP allocation; the unclear project specifics for any broadband effort; and the variability of the availability of land for regional parks and whether the parks department is ready to move forward with future acquisition,these additional phase II projects should be further considered. With approval of the phase I estimated project costs, the remaining+$6M of funds are recommended to be considered for the following phase II projects below: • Reserve Set-Aside —$2.5M • Linder Road Overpass Revenue Loss —$2.5M • Community Center Revenue Loss —$8-10M • Golf Course Irrigation Water, Sewer, Broadband —$4.85M • Regional Park Land Revenue Loss _$5M • Broadband Water, Sewer, Broadband —$tbd Staff is looking for acceptance of the phase I projects at this time. Follow up conversations will occur regarding the phase II projects and reserve funding. <end> 2 City of Meridian. (2020).2020 City Survey. Retrieved from https://meridiancity.org/mayor/priorityissues/citv- survey Page 263 Page 3 of 3 A mmittee Evaluation Item#16. ' ARPA Section Program Options Project Cost Regulatory Operational Strategic Plan Current Community Timeframe (Approx.) Compliance Savings Alignment CFP Benefit Publicspace None projected. Government No General benefit to ventilation to improve Capital cost, excellence-to users of public Facility HVAC NPBI Public Health Uses operational promote increased facilities as well as 3-6 mos. $160,000 accessibility during protected employee COVID base limiting sick time loss COVID Response Responding to COVID None projected. Government No Testing can reduce sick as a public health Contract services cost excellence-investing time loss which could emergency in employees effect service COVID Testing through 2026 $15,000 COVID Response To make investments Proejcted 4 yr. Vibrant&sustainable No Predicted long-term in infrastructure per payback with ARPA community-finacially operational savings, CWSRF eligible funds;projected 50% responsible projects to and enviornmental projects reduction in tons promote wate stream benefit. produced and trips to reduction. Biosolids Drying 24-36 mos. $5,000,000 LF,Approx$200-300K annual cost savings. (Change in rates at LF can impact this) W,S,BrdBnd To make investments Projected immediate Vibrant&sustainable No Predicted long-term in infrastructure per payback with ARPA community-finacially operational savings, CWSRF eligible funds(14 yrs.w/o). responsible projects to and enviornmental Biogas(CHP) 24-36 mos. $1,500,000 projects Approx.$109K annual promote wate stream benefit. cost savings. reduction. W,S,BrcIBnd To make investments Varies-would qualify Vibrant&sustainable No Predicted long-term in infrastructure per for net metering community-finacially operational savings, DWSRF eligible responsible projects to and enviornmental Well Site Solar TBD TBD projects promote watestream benefit. reduction. W,S,BrdBnd To make investments Studywould Vibrant&sustainable No Predicted long-term in infrastructure per determine whether community-finacially operational savings, CWSRF/DWSRF utility future state responsible projects to and enviornmental Energy Efficiency Plan(Ut.) 6-12 mos. $100,000 eligible projects operational savings promote wate stream benefit. and which are most reduction. favorable W,S,BrdBnd To make investments None projected. Public Health and No Increased cyber in infrastructure per Increased security in Safety-invest in security reducing risk Cybersecurity(SCADA) 24 mos.(up to) $250,000 CWSRF/DWSRF system operations technologies of hacks/attacks eligible projects W,S,BrdBnd Providing government Study would Vibrant&sustainable No Predicted long-term services through determine whether community-flinacially operational savings, revenue loss city-wide future state responsible projects to and enviornmental Energy Efficiency Plan(City) 6-12 mos. $100,000 operational savings promote wate stream benefit. and which are most reduction. favorable Revenue Loss To make investments Potential to have Vibrant&sustainable yes Improved experience in infrastructure per improved efficiencies community-improve at golf course amenity; CWSRF/DWSRF leading to public programs imrproved delivery of eligible projects; cost/oiperational water/irrigation Golf Irrigation 12-18mos. $4,850,000 Providing government savings services to amenity services through W,S,BrdBnd; revenue loss Revenue Loss Providing government None projected Transportation and No Improved commute services through infrastructure- times,reduced revenueloss advance congestion,increased trasnportation projects connectivity. Linder Rd Overpass 24 mos. $4,500,000 to reduce commute times and improve movement within Meridian Revenue Loss Providing government 5-10yrpayback Vibrant&sustainable yes Reduced operational services through depending on community-flinacially costs through lower revenue loss investment made responsible projects to electric utility demand Streetlight Upgrades 60 mos. $1,575,000 promote energy efficiency. Revenue Loss Page 264 z A mmittee Evaluation Item#16. Providing government None projected. Vibrant and yes New services through Operational ongoing sustainable gathering/programs Community Center 24-36 mos. $8-10M revenue loss costs community-develop space for community premier indoor Revenue Loss facilities Providing government None projected. Vibrant and No New 6 mos services through sustainable gathering/programs Land-RegionalPark(NW) $5,000,000 revenueloss community-develop space for community (willing seller dependent) premier outdoor Revenue Loss spaces Responding to public None projected Responsible growth- No Attainable housing for health emergency establish enhanced community members through household housing affordability who might otherwise assistance;Providing options in new not enter market. Housing Affordability unknown Unknown government services subdivisions through revenue loss COVID Response; Revenue Loss Removed To make investments Varies-11-33 yr Vibrant&sustainable No Predicted long-term in infrastructure per payback with ARPA community-finacially operational savings, CWSRF eligible funds;cannot sell responsible projects to and enviornmental WRRF Solar 24-36 mos. $6-19M projects power back promote wate stream benefit. reduction. W,S,BrdBnd Project is not viable to complete within funding timelines To make investments None projected Vibrant and No Increased service in infrastructure for sustainable availability accessible Broadband Deployment broadband projects community-improve by citizens. public spaces W,S,BrdBnd T Project not viable due to limited impact and current broadband capital istallationS To make investments Potential to have Vibrant&sustainable No Improved experience in infrastructure per improved efficiencies community-improve at golf course amenity; CWSRF/DWSRF leading to public programs imrproved delivery of eligible projects; cost/oiperational water/irrigation Golf Irrigation(reclaim) 24-26 mos. $6,500,000 Providing government savings services to amenity; services through reduction of potable revenue loss water use at course W,S,BrdBnd; amenity Revenue Loss Project not viable due to limited benefit and funding timelines Provding premium pay None projected. Government No Premium Pay 3mos. tbd to eligible workers. Operational one time excellence-investing costs in employees Eligible Pay Project not viable due to regulatory risk,narrow scope and limited position impact Pipe Replacement Low return due to age of pipe,upfront costs,low return,funding plan already accounted for. Anderson Ranch Dam Raise Not viable to complete project within funidng timelines. Property Tax Relief Project is not allowed per current Treasury guidance and finacial auditor review. Page 265 z ttem#�s. ent B—Project Narratives Facility HVAC NPBI: The installation of the air filtration technology will add additional protection to customers and employees in local jurisdiction facilities. This technology has been proven through independent laboratory testing to reduce pathogen content within facilities. Improved filtration can protect customers and employees operating in various City facilities, keeping those facilities open and people at lower risk of exposure of pathogens. This proposal would cover installation of units at City Hall, Home Court, Water and Wastewater Administration facilities,the Public Safety Training Center, Parks Maintenance facility as well as the Police Department and the Fire stations and training. Total cost is estimated to be approximately$160,000. COVID Testing: During surge periods,testing of COVID becomes a strained resource. While we are not aware of an inability to get tested, results can be delayed sue to volume. Through research and contact,three firms were/are able to provide (essentially)the same service, either through contract or their existing testing formats for all patients. If the City were to contract specifically with a firm, it is still subject to their patient loading. The cost of a specific contract is roughly around $10,000-$15,000 based on total employee population, insurance charge and approximation of employee population needing testing in any given year. The City also has "self-test" kits available for employees to use should they request them. Golf Course Irrigation: The existing irrigation system at Lakeview Golf Club is old, outdated, and falling apart. Details can be found in the Lakeview Master Plan final report. The plan identifies the critical replacement of the irrigation system, including the addition of a ground water well and replacement of the pump system. Key sections of the golf cart paths will also be rebuilt so that they interface properly with the new irrigation upgrades. Linder Rd. Overpass: For the last 6, almost 7 years,we have heard in our surveys that over at least 70% of the population rates transportation needs as the highest importance. In 2020 alone, over 95%of the community noted that transportation projects are the highest priority of the community. The proposed funding will advance the construction of the overpass. The overpass will save 6-14 minutes/peak trip. COMPASS analysis shows that average weekday congested vehicle miles of travel is reduced by 7,000 miles in 2025 and 92,000 hours in 2040. Study also shows that average weekday vehicle hours of delay is reduced by 60 hours in 2025 and 510 hours in 2040 with the addition of the overpass. Local businesses have found that this new overpass would also lessen operating costs. A new overpass would also help improve emergency response times by providing greater connectivity and access as emergency vehicles would not have to go to Ten Mile or Meridian to go north over 1-84 to service properties like The Landing Subdivision and Peregrine Elementary. Community Center: The existing Community Center in downtown Meridian will be removed later next year with construction of the redevelopment project on the Civic Block by River Caddis Development. We are currently surveying the public and preparing concept plans for a new community center to serve our growing population. The new community center will provide a place to attend classes and camps for all ages, host business and community meetings, and more. The goal is for the new community center to enhance the quality of life and help fill currently unmet desires of our residents by hosting quality activities and services and providing diverse recreational opportunities. The specifics of the uses in the community center are being refined through the current feasibility study. Land—Regional Park(NW): The Fields District Specific Area Plan is built around a large regional park and pathways that converge near McMillan and Star Road. This land is not in our current CFP and is not currently eligible for Park Impact Fees, based on the 2019 impact fees study. We are interested in developing a new regional park to support the vision, but will need to identify a funding source to acquire and develop the property. The cost estimate assumes $100K per acre for 50 acres. Housing Affordability: There are many efforts that would require additional research to determine the specifics of how funds can be allocated to housing affordability projects. The State is advancing an initiative to establish the Idaho Workforce Housing Commission and Fund. Partnerships can also be evaluated, whether contributing to a partnership project, investing in land to leverage or any number of other ideas. Page 1 of 8 Page 266 Item#16. Proposed ARPA Project Title: Biosolids Drying Facility Project Sponsor: Public Works Projected Project Timeline: 3 Years(1-year project design,2 years project construction) Estimated Project Cost: $5,000,000 Estimated Operational Savings $250,000 (Annual,After POM Costs): Estimated ROL Using$4M in ARPA Funds:4 years Without ARPA Funds:20 years Project Description: This proposed project would fund the design and installation of a biosolids drying facility. Currently the City's biosolids,which are an end product of the treatment process at the WRRF,are treated and disposed of at the Ada County landfill. The current technology at the WRRF treats the biosolids to a level that meets all landfill regulations but is currently not treated to a level that could be disposed of in another manner(example: land application,compost). At the landfill,the City is charged to dispose of the biosolids by the ton(weight based). A biosolids drying facility would accomplish three things. • This equipment would reduce the weight and volume of the biosolids. By removing the moisture content in the biosolids,the City could reduce the number of trips to the landfill annually by approximately 50%. This would reduce the hauling and disposal costs at the landfill resulting in annual savings. • This equipment would treat the City's biosolids to a higher regulatory standard,giving the City the ability to utilize the biosolids for other uses(land application, compost). *Note:additional costs(land,equipment,personnel)could be needed to execute these other disposal methods. • While not a major source of odor for the facility, drying the biosolids would reduce odors at the facility from the biosolids storage area. Project Benefits: • Hauling and Disposal Costs Reduced o If either the landfill disposal costs or contracted hauling costs increase over time,the projected project savings increase. • Trips to the Landfill Reduced • Facility Odors Reduced • Long Term Regulatory Benefit o This project would allow the City additional flexibility for disposal options with its biosolids if regulations changed in the future that did not allow landfilling of biosolids(not anticipated,but has occurred in other areas of the Country). Project Challenges: • Large Capital Project • May need additional fund contribution from Enterprise Fund depending on amount of ARPA funding allocated Alternative Funding Options: This project is currently included in the Enterprise Fund CFP (FY31-FY33). The reason it is not sooner in the CFP schedule is because of the current ROI which is dependent on landfill and hauling costs and no imminent regulatory needs are identified. If landfill or hauling costs increase or regulations change, Public Works would move this project up in its planned project portfolio. Page 2 of page 267 Item#16. Proposed ARPA Project Title: Biogas Energy Conversion (CHIP) Project Sponsor: Public Works Projected Project Timeline: 3 Years(1-year project design,1 to 2 years project construction) Estimated Project Cost: $1,500,000 Estimated Operational Savings $100,000 (Annual,After POM Costs): Estimated ROL Using$1.5M in ARPA Funds: Immediate annual savings Without ARPA Funds: 15 years Project Description: This proposed project would fund the design and installation of facility that would convert the excess biogas produced at the facility into electrical power that would offset some of the facility's power costs. Biogas is a natural biproduct of the anaerobic digestion process that the WRRF uses to treat the solids at the WRRF. Currently approximately 40%of the gas produced is used to heat the facility's digesters and approximately 60%of the facility's biogas is flared to the atmosphere. A biogas energy conversion facility would accomplish two things. • This equipment would reduce the amount of biogas that is flared to the atmosphere. The flaring of this excess biogas is permitted under the facility's air permit. • This equipment would produce energy for the facility that would offset some of the facility's electrical power needs. Project Benefits: • Reduced facility electrical costs o If electrical costs increase over time,the projected project savings increase. • Reduced flare emissions Project Challenges: • Large Capital Project Alternative Funding Options: This project is not currently included in the Enterprise Fund CFP. If electrical costs increase,the Enterprise Fund would pull this project into its planned portfolio. Page 3 of page 268 Item#16. Proposed ARPA Project Title: Well and/or Lift Station Solar Project Sponsor: Public Works Projected Project Timeline: 2 Years(1-year project design,1-year project construction) Estimated Project Cost: TBD Estimated Operational Savings TBD (Annual,After POM Costs): Estimated ROL Using TBD in ARPA Funds:TBD Without ARPA Funds:TBD Project Description: This proposed project would fund the design and installation of solar panels at our well and/or lift station sites. Additional analysis is needed to determine site specific feasibility and site conditions/constraints. The Public Works Department is currently working with Idaho Power on further analysis. Project Benefits: • Reduced facility electrical costs o If electrical costs increase over time,the projected project savings increase. Project Challenges: • Each site needs analysis conducted on feasibility • Current projected lifespan of solar panels/equipment is 15 years Alternative Funding Options: This project is not currently included in the Enterprise Fund CFP. If electrical costs increase,the Enterprise Fund would pull this project into its planned project portfolio. Page 4 of Page 269 Item#16. Proposed ARPA Project Title: Energy Efficiency Plan (Utilities) Project Sponsor: Public Works Projected Project Timeline: 1 Year Estimated Project Cost: $100,000 Estimated Operational Savings TBD (Annual,After POM Costs): Estimated ROL TBD Project Description: This proposed project would fund the completion of an energy efficiency study by an external consultant to evaluate the various energy uses, potential technologies,and areas of potential savings in the Water and Wastewater Utilities. Project Benefits: • Identification of energy efficiency projects and operational activities that could result in energy savings. Project Challenges: • None anticipated Alternative Funding Options: This project is not currently included in the Enterprise Fund CFP. Page 5 of page 270 Item#16. Proposed ARPA Project Title: Cybersecurity(SCADA) Project Sponsor: Public Works and IT Projected Project Timeline: 1-2 Years(1-year project design,1-year project construction) Estimated Project Cost: $250,000 Estimated Operational Savings $0 (Annual,After POM Costs): Estimated ROL N/A Project Description: This proposed project would fund the installation of equipment and software that would allow the IT Department to isolate the City's SCADA system from the main City servers in the case of an emergency. This would provide important security for both the SCADA system and City network. Project Benefits: • Increased cyber security Project Challenges: • None anticipated Alternative Funding Options: This project is not currently included in the Enterprise Fund CFP. However, if this project is not funded with ARPA funds,the Enterprise Fund will look for other funding opportunities including using planned CFP SCADA funds. Page 6 of page 271 Item#16. Proposed ARPA Project Title: Energy Efficiency Plan (City) Project Sponsor: Public Works and Mayor's Office Projected Project Timeline: 1 Year Estimated Project Cost: $100,000 Estimated Operational Savings TBD (Annual,After POM Costs): Estimated ROL TBD Project Description: This proposed project would fund the completion of a City-wide facility energy efficiency study by an external consultant to evaluate the various energy uses, potential technologies, and areas of potential savings in all the City facilities. Project Benefits: • Identification of energy efficiency projects and operational activities that could result in energy savings. Project Challenges: • None anticipated Alternative Funding Options: This project is not currently included in the Enterprise or General Fund CFPs. Page 7 of Page 272 Item#16. Proposed ARPA Project Title: Streetlights Project Sponsor: Public Works Projected Project Timeline: Up to 5 years Estimated Project Cost: $1,500,000 Estimated Operational Savings Varies-$64,000 to$79,000 (Annual,After POM Costs): Estimated ROL Breakeven point for single LED light conversion: • 100W-approximately 8 years • 250w-approximately 5 years Project Description: This proposed project would fund the conversion of high-pressure sodium(HPS)streetlights to LED resulting in energy and maintenance costs savings. Historically the General Fund has allocated between$50,000 and $375,000 per year to complete streetlight LED upgrades. As of November 2021,the City has approximately 4,248 HPS left to convert. Logistically,the Public Works Department is constrained by project management resource in completing more than a certain number of change outs per year. If the Department is fully staffed, it is estimated that they could handle no more than 1,000 conversions per year(approx.—$600,000). Alternatively,the City could look at contracting out this project management, although this option has not been fully vetted for additional costs. Each converted streetlight results in the following annual savings: Electrical Savings Maintenance Savings Total Savings (Annual per Light) (Annual per Light) (Annual per Light) 100w(3,789 lights remaining) $11.75 $52.50 $64.25 250w(459 lights remaining) $43.50 $52.50 $96.00 Project Benefits: • Reduced electrical and maintenance costs o If electrical costs increase over time,the projected project savings increase. Project Challenges: • Project management constraints • Supply chain constraints • Creating a future replacement bubble by installing all the lights at once(they will age out at the same time in the future) Alternative Funding Options: This project is currently included in the General Fund CFP at the following level. • FY23-$75,000 • FY24-$75,000 • FY25 through FY32-$100,000 per year Page 8 of Page 273