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2022-04-26 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 26, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Treg Bernt Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted as Amended (Item 6 vacated) PUBLIC FORUM – Future Meeting Topics PROCLAMATIONS \[Action Item\] 1. Denim Day for Sexual Assault Awareness Month ACTION ITEMS 2. Public Hearing for Ruger Gardens Subdivision (SHP-2022-0006) by KM Engineering, LLP, Located at 6241 N. Linder Rd., Near the Northeast Corner of Linder Rd. and Chinden Blvd. Approved A. Request: To Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 for two (2) commercial building lots. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 3. Public Hearing for Katsura Subdivision (SHP-2022-0005) by Kent Brown, Located at Lot 2, Block 2 of the Medimont Subdivision No. 1 and 225 and 335 S. Locust Grove Rd. Approved A. Request: Short Plat consisting of 1 buildable lot and 2 common lots on 3.8 acres of land in the I-L zoning district. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 4. Public Hearing Continued from March 1, 2022 for Black Cat Industrial Project (H- 2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, 935, and 955 S. Black Cat Rd. and Parcel S1216131860. Continued to July 19, 2022 A. Request: Annexation of 130.19 acres of land with R-15 and I-L zoning districts. Motion to continue to July 19, 2022 made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun ORDINANCES \[Action Item\] 5. Ordinance No. 22-1977: An Ordinance (Lennon Pointe Community H-2021-0071) for Annexation of a Parcel of Land Situated in the North ½ of the West ½ of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.41 Acres of Land From RUT to C-C (Community Business) (2.10 Acres) and R-15 (Medium High Density Residential) (8.30 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun FUTURE MEETING TOPICS EXECUTIVE SESSION Vacated from the Agenda ADJOURNMENT 6:42 pm Item#4. Meridian City Council April 26, 2022. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 26, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Joe Dodson, Alan Tiefenbach, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 26th, 2022. It's 6:00 o'clock p.m. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: We had no one signed up to do the community invocation this evening. ADOPTION OF AGENDA Simison: So, we will go on to the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Things to note on tonight's agenda. Item No. 4, Black Cat Industrial Project, we have a request from the applicant to continue that to July 12th. There might be some people here -- and, typically, if there is a request for a continuation it's granted. You Page 71 Meridian City Council Item#4. April 26,2022 Page 2 of — certainly can stay until that is completed, but we do have that request and I just want to make that known and Item No. 6, our Executive Session, we completed our work under Executive Session after our work session, so we can take Item 6 and have it removed. So, Mr. Mayor, I move adoption of the agenda as published, with the exception of Item No. 6, which is removed. Cavener: Second. Simison: I have a motion and a second to adopt the agenda with the removal of Item 6. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted with the change. MOTION CARRIED: FOUR AYES. TWO ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not have anyone sign up. PROCLAMATIONS [Action Item] 1. Denim Day for Sexual Assault Awareness Month Simison: Okay. Then with that we will move on to Item 1, which is proclamation for Denim Day for Sexual Assault Awareness Month. If Drew and Dara could join me at the podium and anyone else that may be here from the WCA. So, Council and community, we are here today with the WCA. I have really appreciated the relationship and partnership and engagement a little bit with me, but it's really more with our Police Department, which is really where that strong relationship which exists and, unfortunately, I'm not the best representative, because I -- I don't own a pair of jeans that would pass our dress policy for the city, so I'm going to have to work on that. But for -- but for today we are going to do a proclamation and I know we will be participating with a photo tomorrow from that standpoint. So, whereas the United States government has declared April as Sexual Assault Awareness Month and the Women and Children's Alliance has declared April 27th, 2022, as Denim Day and whereas both events are intended to draw attention -- attention to the fact that rape and sexual assault remain a serious issue in our society and whereas Sexual Assault Awareness Month and Denim Day were also instituted to call attention to misconceptions and misinformation about rape and sexual assault and the problem that many in society remain disturbingly uninformed with respect to issues of assault and forcible rape and whereas with proper education on the matter there is compelling evidence that we can successfully reduce incidence of this alarming and psychologically damaging crime and whereas the City of Meridian is an important partner in the Women and Children's Alliance efforts to educate our community about the true impact of rape and sexual assault. Therefore, I, Mayor Robert E. Simison, do hereby proclaim April 27th, 2022, as Denim Day for Sexual Assault Awareness Month in the City Page 72 Meridian City Council Item#4. April 26,2022 Page 3 l — of Meridian and encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing to victims of these crimes. So, with that I will present this proclamation, but if you want to make any comments first. Piccola: I just want to thank everybody for being here today. Denim Day is a really important thing for us at the WCA. We are here to educate the community about awareness of sexual assault and domestic violence. It's a huge huge thing that is happening, so we are -- we are here to support. So, I thank you very much. Simison: Thank you, Drew. Piccola: Appreciate it. Hoaglun: And, Mr. Mayor, as you are headed back up -- Simison: Councilman Hoaglun. Hoaglun: -- I just want to take this as a point of personal privilege. You know, we do proclamations quite often in this body and -- and this one is particularly important. You know, if you listen carefully the proclamation as citizens of Meridian to speak out against sexual assault and to support efforts to help and -- to provide help and healing to victims of these crimes and -- and, you know, our citizens of Meridian may wonder what -- what --what can --what can they do, you know. Well, I -- I have a suggestion. Primary election is May 17th. It's coming up and if you pay attention there is a statewide -- a candidate for statewide office who revealed personal details about someone who reported a sexual assault and they later lied about that under oath. That court case began today and it's going to determine whether the allegations are true or not, but that's our process. That's how we go about things. It just -- the actions of that state legislator who published those personal details I think has a chilling effect on people who need to report a sexual assault and I believe if we want to support -- as citizens of this community want to support those who speak out against sexual assault and provide that healing to victims, as we are asking our citizens to do today, I -- I suggest that they not elect this person to any public office based on their despicable actions. It has led to intimidation and humiliation of that victim and I -- I really truly feel morally repugnant by that action and so I just call on the citizens of Meridian to make your voice heard and I'm not telling you who to vote for, but I'm asking you on May 17th -- I hope you don't vote for that person. It was wrong. Thank you. ACTION ITEMS 2. Public Hearing for Ruger Gardens Subdivision (SHP-2022-0006) by KM Engineering, LLP, Located at 6241 N. Linder Rd., Near the Northeast Corner of Linder Rd. and Chinden Blvd. A. Request: To Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 for two (2) commercial building lots. Page 73 Meridian City Council Item#4. April 26,2022 Page 4 of 19 Simison: Thank you. With that we will move on our -- rest of our agenda for this evening. Item 2 is a public hearing for Ruger Gardens Subdivision, SHP-2022-0006. We will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor. Hopefully this is a simple one for me for once, so -- let's hope for that. As noted this is for Ruger Gardens. It is a short plat. The existing site consists of 1.85 acres of land, currently zoned C-G. Been zoned C-G since 2013. Well, probably before that actually. Located at 6241 North Linder. It's actually in the southwest corner of Linder and Chinden. The request before you is too short plat Lot 7 within the Knighthill Center Subdivision No. 2 into two commercial building lots. The proposed short plat is for an existing lot. So, again, I kind of outlined it here for you. This larger lot, 1.85 acres, proposing to just basically split it in half for ownership purposes. The proposed lots are internal to the overall development as seen here and they have no public road frontage. All of the existing commercial buildings have an existing cross-parking and cross-access agreement for the overall development and these lots will be subject to that and staff has included a condition of approval to note that and require that on the plat. Future building sites will be reviewed through the certificate of zoning compliance and design review process for code compliance. The submitted landscape plan -- this is the short plat. The submitted landscape plans reference the original subdivision, which includes the buffer along the southern boundary. This buffer has not been completed, because that lot has not yet developed. This is that original landscape plan. So, this landscape buffer has not been completed. Staff has reviewed the proposed short plat for substantial compliance with the criteria within the UDC and the required zoning regulations within the C-G zoning district, as well as the regulations outlined in the existing development agreement and the short plat is in substantial -- substantial compliance with all of those. After that I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Okay. Is the applicant here? If you would state your name and -- either one. State your name and address for the record and be recognized for 15 minutes. Mansfield: Great. Thank you, Mr. Mayor, Council Members. Thanks for having me. My name is Ethan Mansfield. I work for Hawkins Companies. 855 West Broad Street in Boise, Idaho. We are the developer on the project. We are pleased to present the short plat, SHP-2020-0006. It's a two lot short plat on a 1.85 acre parcel located at 6241 North Linder on the southwest corner of Chinden and Linder. Joe covered pretty much everything. So, thank you, Joe, for the presentation. I will just, you know, kind of just go over some of the high points that I think are interesting. As Joe said, it's zoned C-G, general commercial, and is located within a commercial subdivision, the Knighthill Center Subdivision. Hawkins is purchasing the north one acre lot from the developer of the existing center and, of course, when a user for this parcel is identified, as Joe mentioned, we will pursue the site plan review or any other entitlements that might be necessary at that time. We agree to the condition to maintain cross-access and cross-parking and utilities are right there next to the site. So, thanks for your consideration this evening and I will stand for any questions. Thank you. Page 74 Meridian City Council Item#4. April 26,2022 Page 5 of 19 Simison: Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thanks, Mr. Mansfield. Do you have an idea of who a user is or what type of user you are expecting. I guess I -- a little more detail on what is envisioned would be helpful. Mansfield: Sure. Yeah. We -- it's -- it's a -- it's a little difficult to say exactly who we are envisioning, because we have got several interested groups. A daycare user is kind of our -- our top option at this time, but, yeah, there is no really definitive answer for you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, would it be fair to characterize it as like a neighborhood retail type use then? Are there restaurant type uses? I just want to make sure -- kind of have an idea of the possibilities. Mansfield: Yeah. This would certainly be kind of a neighborhood oriented use kind of to serve the surrounding neighborhood. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mansfield, just a request and, granted, this may have already been resolved. I was over in that area about three, four weeks ago and noticed there is a lot of waste and refuse, it's kind of become a little bit of a dirty lot. Again, it's not right off the -- the regular street and so maybe not -- our code enforcement hasn't seen it, but maybe a request that you or your team maybe do a site visit and take care of the -- some pretty significant trash. I think there was a broken shopping cart that looked like from the Fred Meyer that had found its way over there. So, I think maybe a -- a quick review and getting that lot cleaned up would be appreciated. Mansfield: Mr. Mayor, Council Member Cavener, we -- yeah. Noted. We can certainly do that. Cavener: Thanks. Simison: Council, any additional questions for the applicant? Okay. Thank you. Mr. Page 75 Meridian City Council Item#4. April 26,2022 Page 6 1 - Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, only the applicant signed up in advance. Simison: Okay. Well, if there is anybody that would like to provide testimony if you -- if you would like to come forward. You can go and have a seat and -- come -- go ahead and come on up and you will be recognized for three minutes. Just state your name and address for the record, please. Sevoy: I'm Paul Sevoy and I run the Sevoy Gallery down the street and I support Meridian, Idaho, a lot and, in fact, your job is a tough one. Simison: Mr. Savoy, can you speak in the mic. Sevoy: Yeah. The question I have is there any zoning change request involved in this request? Simison: I will just let staff answer. Dodson: Mr. Mayor, no. Just to split the lot in two. That's it. Sevoy: That's the only question I had. Simison: Okay. Sevoy: Thank you. Simison: Thank you. Is there anybody else that would like to provide testimony on this item, either in the room or online? If you are online you can use the raise your hand feature. Seeing no one in either place, would the applicant like any final words? Okay. Applicant has waived. Council, I will turn this over to you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close -- close the public hearing on SHP-2022-0006. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 76 Meridian City Council Item#4. April 26,2022 Page 7 of ,9 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff, applicant, and testimony, I move to approve as SHP- 2022-0006 as presented in the staff report for the hearing date of April 26th, 2022. Cavener: Second. Simison: I have a motion and a second to approve Item 2. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 3. Public Hearing for Katsura Subdivision (SHP-2022-0005) by Kent Brown, Located at Lot 2, Block 2 of the Medimont Subdivision No. 1 and 225 and 335 S. Locust Grove Rd. A. Request: Short Plat consisting of 1 buildable lot and 2 common lots on 3.8 acres of land in the I-L zoning district. Simison: Next item up is a public hearing for Katsura Subdivision, SHP-2022-0005. We will open this public hearing with staff comments from Alan. Tiefenbach: Greetings, Mr. Mayor, Members of the Council. This is a short plat. The site consists of 3.8 acres of land. It's zoned I-L. It's located on the west side of South Locust Grove Road, north of East Water Tower. You probably remember this. This came to you in 2021. This was an annexation for three and a half acres of property. So, this property here. This is an annexation for this to construct a 67,000 square foot warehouse as an expansion of the existing Intermountain Wood Products building. I'm just going to put these up just for your reference, because it's -- it's very simple, but it's confusing. So, the existing Intermountain Wood projects are within what's called the Medimont Subdivision. This is the first plat, the Medimont plat one. This was approved in 1997 and along with this came a development agreement and the development agreement required this permanent 20 foot landscape strip, which hopefully you can see the pointer on my cursor here. This was actually platted into this plat. The purpose of that was to provide a landscape buffer and the reason why is that at the time this happened all of these properties here were residential properties. This was subsequently platted into the Medimont plat two, which you can't see here, but is over here. So, this is the bottom section of that and the Intermountain Wood building, those were subsequently constructed on these lots here. Oh, sorry. Yeah. The existing buildings were constructed Page 77 Meridian City Council Item#4. April 26,2022 Page 8 1 - on these lots here. Then in November the annexation came in before you to annex additional property to build a warehouse and that warehouse was over here. When we were originally going through all the early planning for this warehouse the Stonebridge Property Owners Association sold the applicant this little sliver of land and, then, the applicant chopped down all the trees. Again, you probably remember all this from the annexation. Staff said wait -- you need to stop on this, there is a development agreement that says you have to have all these trees, et cetera, et cetera. Came in front of you, you approved a development agreement modification, so the applicant did not have to provide those trees with the requirement that the amount of trees that they chopped down, that caliper inches has to planted somewhere else on the property. A condition of approval of this plat was that they come in now and do a formal sub -- a formal short plat to merge and that's what sort of I believe we are here to try to make this easier for you. So, this is the short plat. The existing business is here. This is the warehouse lot that you recently approved for annexation. This is the piece of property that is being merged. It will now --there is now a new common lot parcel here, which is what was left over from that. There is a new common lot property that is here that is left over. Both of those are still maintained by the property owners association and, then, what you see here is being merged into the property and so, again, on the left-hand side is now the short plat. What you see on the right-hand side that the applicant has subsequently already finished their certificate -- certificate of zoning compliance for the entire warehouse. The design -- everything is done and the last condition of approval of this CZC is approval of this short plat. Hopefully I explained that well, because there is a lot happening there. Simison: Thank you, Alan. Council, any questions? Okay. Mr. Applicant. Mr. Brown, nice to see you. Brown: For the record Kent Brown. 3161 East Springwood. Alan, could have made it really simple. We were in for an annexation, required this short plat, and we are here tonight with the short plat. In looking things over there is a couple of conditions I saw that kind of caused me concern. Condition B-1 under Public Works site specific, it's asking us to put streetlights on Ten -- South Ten Mile Road. I don't think that that's probably correct. It's probably a little closer to home I would think. And, then, everything else was kind of covered in the development agreement, but there is a Condition 12 under general that asks for us to get our mailboxes approved. Well, we only had one buildable lot and it will be a commercial building and in every subdivision we do right now we do this mailbox letter with -- with the post office. When it first came about it was because the development community was still allowing people to have mailboxes out in front of their houses and the post office wanted to go to cluster boxes and now it's just kind of become habitual that every subdivision comes in, thoughtless of what this is, and it's probably one of the hardest conditions for me to comply with. I have spent at times three months trying to get a letter from the post office to approve a mailbox and I would ask that this one get removed, because we are going to have a mailbox with the warehouse. There is -- there is no cluster boxes that are involved. I would like a bunch of them removed, but I have a final plat that is built and I'm trying to get it in and I have submitted -- I'm a month and a half now trying to get the post office -- and -- and they are busier and -- and she's always been really good at the post office, the postmaster, in kicking them out, but it's just gotten Page 78 Meridian City Council Item#4. April 26,2022 Page 9 of 19 slower and slower and I have to become pretty obnoxious and I can't even go in and have her sign something, she has to e-mail it and send it with the letterhead. So I would ask that that condition be removed. Simison: So, just to be clear, Kent, you guys don't want to post -- delivery to this -- you want to go to the rest of the building where it already has the post office? Brown: Most likely, yes. They could have one for this building also, but there is -- there is not a need to go find out for the postmaster -- I mean it's where am I going to put it? Well, it's going to be on the building someplace. It's -- it's not going to be out on the street. It's not going to be -- it's going to be an individual delivery like any other commercial business that takes place. Simison: Council, any questions for the applicant or staff, clarification on those two items? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Alan, I don't think we have ever received a request about post office coordination. I don't think I have ever had anybody push back on that condition. So, I'm curious about staff's response, if you have got any feelings. I mean can we -- can we modify this for -- to not have any type of postal service? Is -- is that allowed? I mean -- I'm kind of shooting in the dark on this one, Alan. So, I'm hoping you, as the subject matter expert, might have some advice or direction for Council. Tiefenbach: Alan Tiefenbach, associate planner. I'm caught off guard. This is actually the first time I have heard this issue. That's a standard subdivision comment usually intended for subdivisions. In this particular case this warehouse is part of a larger business. I would leave it to the applicant whether they see that -- whether they think that there is going to be additional mail sent to that address. I don't have any significant comments one way or the other about that. As far as Public Works, should have noticed that Public Works didn't delete their comment in their general comments. That might not have been a very good answer, but I'm not sure what to tell you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: So, Kent -- Brown: So, we are asking that we will have postal delivery. I'm not asking that we don't. It's just getting the -- the exact location. But what I give her is a map and put an X on it and this is where the -- and I have never had -- well, you need to move that someplace else from the Meridian postmaster. I -- I think it's really interesting, because this is red tape that I created when I was at Boise City in the '90s and, actually, we got a promise Page 79 Meridian City Council Item#4. April 26,2022 Page 10 of — from the postmaster for the -- the area that he would have these turned around within 24 hours. I'm doing a large development in southeast Boise -- southwest Boise and we spent six months, because it-- it kind of freaked him out about seeing the --the --the big picture. It's -- I know that you guys are familiar with The Oaks from stuff that's been going on. It's like locating all the post office boxes -- if I got to do this pain and I view that it's easier for the postmistress if I get it all at one time and so, then, I can do a project and not have to go to her with every single phase, I try to do it that way and I have never had Meridian come back and say move it. I have had other jurisdictions say it would be a little safer for our delivery person if they are not standing out in traffic at this location. But that's -- that's the only comments I have ever gotten in the hundreds of these that I have done. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Kent, because this is a -- at least a foreign request for me, I -- I will -- I will be honest, I'm -- I'm not supportive of your request tonight, because I would like to get some insight from the postal service kind of about this and so from -- from your perspective are you supportive of a continuance to allow us some time to engage with the postal service or you would rather take the conditions as is? Brown: I -- I'm in the process of having the highway district sign this plat as -- as we are right now and with this approval tonight I will have the -- the health department sign in a couple of weeks and I can start sending a request to the postmistress to get a mailbox approved on this building and I will do that. Cavener: Thanks, Kent. Simison: Mr. Dolsby, do you have any comment on the lights on Ten Mile comment? Dolsby: Mr. Mayor, Members of the Council, that comment -- obviously, the Ten Mile is -- I'm guessing a mistake in the comments. It was meant to be lights on Locust Grove and not on Ten Mile, if there is lights required on there. Brown: We have already done the zoning certificate. I didn't see any requests for lights on that application, but that site plan -- couldn't see any lights -- yes. Thank you. I looked at the zoning certificate approval. I didn't see any lights shown on that plan, which staff and the -- and the architect have worked out, but that could be a mistake, too. The reason the short plat ends up being kind of interesting in this -- this mechanism is that I don't have construction drawings. I mean we have a sewer stub. We have a water stub. We connect to it. We put in a fire hydrant. It is a different animal in the subdivision world where someone's reviewing a construction drawing. There is existing sidewalk out on Locust Grove. We are not -- you know, we put in a curb approach and close the curb approach. Two curb approaches. This is what we are going to close. So, it's a pretty simple part of the process. Page 80 Meridian City Council Item#4. April 26,2022 Page 11 of — Cavener: Thanks, Kent. Brown: But we are not opposed to doing lights if somebody asks us, but I don't -- I don't know that we have a light requirement. Hopefully not on Ten Mile. Simison: Council, any additional questions for the applicant? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, Kent, to that condition, you know, it says a streetlight plan has not been submitted or approved. If streetlights are required on Locust Grove, the applicant would -- would comply, so -- Brown: Yeah. Hoaglun: -- like that would work? Brown: Yes. Hoaglun: And just change that to Locust Grove. Okay. Brown: Anything else? Simison: Mr. Clerk, did we have anyone signed up on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Is there anyone in the audience or online that would like to provide testimony on this item? If so come forward now or use the raise your hand feature. Seeing no one, would the applicant like any final comments? Brown: No. Simison: Okay. Thank you very much. Brown: Thank you. Thank you for listening on the -- the mailboxes. I have been bringing it up with staff. It is something that -- there was a purpose in it. That purpose is gone for the most part anymore. Anyway, thank you. Cavener: Thanks, Kent. Simison: Thank you. Hoaglun: Mr. Mayor? Page 81 Meridian City Council Item#4. April 26,2022 Page 12 of — Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing on SHP-2022-0005. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Hearing all staff and applicant testimony, I move to approve SHP-2022-0005 as presented in the staff report for the hearing date of April 26, 2022, with a change to one of the Public Works site specific conditions number one for streetlights, if they are required on Locust Grove Road the applicant would comply if there is that need. Cavener: Second. Simison: I have a motion and a second. Is there discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. The item is agreed to. Thank you, Kent. MOTION CARRIED: FOUR AYES. TWO ABSENT. 4. Public Hearing Continued from March 1, 2022 for Black Cat Industrial Project (H-2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, 935, and 955 S. Black Cat Rd. and Parcel S1216131860. A. Request: Annexation of 130.19 acres of land with R-15 and I-L zoning districts. Simison: Next item is Item 4, which is a public hearing continued from March 1 st, 2022, for Black Cat Industrial Project, H-2021-0064. Would the staff like to make any comments? Tiefenbach: Sure. Mr. Mayor, Members of the Council, if -- if you recall this has been Page 82 Meridian City Council Item#4. April 26,2022 Page 13 of — continued a few times. Most recently it was continued on March 1 st. The reason why it was continued is that the applicant is continuing to work with ACHD to try to address the concerns of the Council in regard to infrastructure and timing of road improvements. When they came to you in March they had scenario A, B and C, which didn't go over well with the Council. This was continued to today. The applicant e-mailed me today and said we are just not there with ACHD yet. We -- there is some -- some legislation going on, there is some funding they are discussing, they really want to try to come to you with a more definitive answer in regard to improvements. That is why the applicant's representative is requesting this be continued for a more substantial amount of time to July 12th. Simison: Thank you. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One question regarding continuance to July 12th. Are we going to have to renotice this hearing? Tiefenbach: I will turn that to Mr. Nary. I believe it's a date certain, but -- Nary: Mr. Mayor, Members of the Council, it has been the -- the practice of the Council to require renoticing when there is that extended date out and normally the Council would, then, require the applicant to pay for it. It is in our code that can be directed towards the applicant since it's their request. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Before maybe any motions are made, just want to make the Council aware, I will be absent on July 12th. Not saying that we need to continue it to a different date or absolutely have it that date, just wanted -- those of you to be aware -- I won't be making the motion, since I'm not here -- I'm not going to be here for it, but I just wanted Council to be aware of that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I may -- I may not be here July 12th. I am not as organized as Councilman Cavener. My kids will be attending something, so it's possible that I will be absent that day as well. I just don't know yet. Just FYI. Hoaglun: Mr. Mayor? Page 83 Meridian City Council Item#4. April 26,2022 Page 14 of — Simison: Might you also be absent on that -- Hoaglun: I have no idea. I have no plans. Simison: Councilman Hoaglun. Hoaglun: Ask our clerk. What would the following week, the 17th -- the 19th look like? Simison: I assume we have nothing on the calendar -- Johnson: Yeah. Mr. Mayor, Council, I'm double checking. I don't believe we have anything noticed that far. We do, however, have a hearing rescheduled to -- or continued to July 12th for another application already. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. That's -- that's a consideration. They have requested to July 12th. They are not here to represent themselves. Johnson: The applicant is online, Mr. Mayor. Hoaglun: Oh. Simison: Okay. And they are raising their hand, so -- yeah. Yes. Would the applicant like to unmute themselves. Can they unmute? Nelson: Mr. Mayor, Members of the Council, can you hear me? Simison: Very low. Nelson: How is this? Is this better? Simison: Yes. Nelson: Thank you for the opportunity to weigh in. July 19th works just fine. Simison: Okay. And just for the record if you can state your name and address. Nelson: Yes. Deborah Nelson. 601 West Bannock Street in Boise. Simison: Thank you. Okay. Mr. Cavener, how does your calendar look on that day? Cavener: Mr. Mayor, while I -- while I do have some other scheduling conflicts for that -- that day, I still feel comfortable the 19th is the better day and I will be here for that meeting. Page 84 Meridian City Council Item#4. April 26,2022 Page 15 of 19 Maybe a request for our clerk that we maybe could limit the other application items -- other items on the 19th, maybe just holding this one particular item would be helpful, though. Strader: Yeah. I will definitely be here. Simison: Okay. All right. Then with that do we have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we continue the public hearing for Black Cat Industrial Project, H- 2021-0064 to July 19th, 2022, and with the condition that the applicant is required to renotice this public hearing. Cavener: Second the motion. Simison: I have a motion and a second. Is there discussion? No. Sorry, but -- we will go back to take public comment from the public on this item. Okay. Sir, if you would like to come forward. Just state your name and address for the record, please. Sevoy: I'm Paul Sevoy. Yeah. Paul Sevoy. Of course I am a Meridian resident. I have property on Overland Road, which is in the area that he wants to make a change to the zoning, which is Black Cat. Now, this has come up before and it's been delayed again and to me as an investor, it's a pure speculation. This is not a request for permission to build something or to provide a service, it's just to rezone a piece of land and that piece of land -- I would be bidding on it also. If you are going to take a piece of agricultural land and make some sort of commercial idea of it, you are in a -- a wonderful area of Meridian, which is -- so far has been not developed and it is a pretty area of Meridian. I would hate to see that area become commercial when there is good housing in that area and is already commercial availability of space. This to me is a pure speculation and I don't like the idea of that at all and this has been delayed more than once, so I don't understand why the party can't get their act together. Any questions for me? Simison: Council, any questions? Hoaglun: Mr. Mayor, no -- no question for Mr. Sevoy. Just -- just a comment. It -- it is already zoned -- it has a commercial designation, but -- already has a commercial designation. This request is to change -- to annex it based on that commercial designation, but they want to change that to I-L, instead of the other commercial Ten Mile specific designation. Sevoy: Unless I'm looking at the wrong property, because the notice of this hearing is -- is on Black Cat Road and that area there is residential, so I don't understand it. I'm not against any particular zoning that's correct, but the way the signs are posted they are Page 85 Meridian City Council Item#4. April 26,2022 Page 16 of — posted in an agricultural area or residential area. They are not posting anything commercial, because I know the area. Hoaglun: And Mr. Mayor and Mr. Sevoy, I think on the east side it is a residential. West side of Black Cat is a commercial Ten Mile designation. Sevoy: I understand now. He must be straddling it then. Hoaglun: And they do have an application for residential on one side. Sevoy: I have no problem -- Hoaglun: The east side. And, then, on the west side they want to change that commercial designation to I-L. Industrial. Sevoy: I don't think that's a good idea in that area. If you look at that area it's a very pretty area. If you are going to have commercial, you look at what is happening with Amazon and all of the -- they -- they have bunched their area there and it's well done and there is lots of areas that can contribute to the commercial development of property in the area. Doesn't have to be in some of the choice areas. In fact, on my street are the best trees that are existing still today from 90 to 100 years ago and we would like to keep that thing going and I have property right on the hill there that's residential, about ten acres. I'm not going to sell that property. I want to keep it like that for a long time. But if I get pressed in there and -- I will just sell it and go somewhere else. I just think that's a horrible thing to do to take a beautiful area like that and -- and hem it with something that is potentially commercial. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up, Mr. Sevoy. And this is down at -- at Black Cat -- Black Cat and Franklin Road. Sevoy: Right. Hoaglun: Right. So, what I would ask you is to come back on July 19th. We will be taking testimony to that -- Sevoy: That would fine. Hoaglun: -- so that would be great to have your comments on the record there during that time. Sevoy: Absolutely. Page 86 Meridian City Council Item#4. April 26,2022 Page 1, of — Hoaglun: Great. Sevoy: Thank you. Hoaglun: Thank you. Simison: So, with that, Mr. Council President, would you like to restate your motion. Hoaglun: Yes, Mr. Mayor. I move that we continue the public hearing for Black Cat Industrial Project, H-2021-0064, to July 19th, 2022, and with the condition that the applicant is required to renotice the -- the hearing. Cavener: Second the motion. Simison: I have a motion and a second to continue Item 4. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. ORDINANCES [Action Item] 5. Ordinance No. 22-1977: An Ordinance (Lennon Pointe Community H- 2021-0071) for Annexation of a Parcel of Land Situated in the North '/2 of the West '/2 of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.41 Acres of Land From RUT to C-C (Community Business) (2.10 Acres) and R-15 (Medium High Density Residential) (8.30 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Next up is Item 5, which is Ordinance No. 22-1977. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to Lennon Pointe Community, H-2021-0071 , for annexation of a parcel of land situated in the North '/2 of the West '/2 of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Ada county, Idaho, and being more particularly described in Attachment "A" and annexing certain lands and Page 87 Meridian City Council Item#4. April 26,2022 Page 18 of — territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 10.41 acres of land from RUT to C-C (Community Business) (2.10 acres) and R-15 (Medium High Density Residential) (8.30 acres) Zoning Districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety. Seeing none, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move we approve Ordinance No. 221977 with a suspension of rules. Strader: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1977 under suspension rules. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOURAYES. TWOABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It makes sense you and the Council President engage in a future conversation or an updated memo about mailbox requests and the process with engaging the postal service and if we need to look at maybe any potential changes. Maybe a -- a meeting topic, maybe handled via e-mail, but just based on tonight a suggestion. Simison: And Clint's in charge of that. Okay. Anything else from Council? Then do I have a motion to adjourn? Page 88 Meridian City Council Item#4. April 26,2022 Page 19 of 19 Hoaglun: Move we adjourn. Simison: I have a motion to adjourn. All in favor of signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON - - 022 ATTEST: CHRIS JOHNSON - CITY CLERK 5-3-2022 Page 89 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : April 26 , 2022 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum . • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals, business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed is for this forum ) Name ( please print ) Brief Description of Discussion Topic 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Denim Day for Sexual Assault Awareness Month Page 4 Item#1. (:,.�WE N DIAN*,----- I A. HO The Office o_f the -Mayor PRO ClA .% A �rlox WHEREAS, the United States Government has declared April as "Sexual Assault Awareness Month" and the Women's and Children's Alliance has declared April 27, 2022 as "Denim Day"; and, WHEREAS, both events are intended to draw attention to the fact that rape and sexual assault remains a serious issue in our society; and, WHEREAS, "Sexual Assault Awareness Month" and "Denim Day"were also instituted to call attention to misconceptions and misinformation about rape and sexual assault, and the problem that many in society remain disturbingly uninformed with respect to issues of assault and forcible rape; and, WHEREAS, with proper education on the matter, there is compelling evidence that we can successfully reduce incidents of this alarming and psychologically damaging crime; and, WHEREAS, the City of Meridian is an important partner in the Women's and Children's Alliance's efforts to educate our community about the true impact of rape and sexual assault. THEREFORE, 1, Mayor Robert E. Simison, do hereby proclaim April 27Ih, 2022 as Denim Day_for SexuaC.54ssault Awareness .Month in the City of Meridian and encourage all citizens to speak out against sexual assault and support local efforts to provide help and healing to victim71 , crimes. Dated this 26`I' day of April, 2022 Robert E imi on, Mayor Brad Hoaglun, City Council President Joe Borton, City Council Vice-President Treg Bernt, City Council Luke Cavener, City Council Jessica Perrault, City Council Liz Strader, City Council Page 5 , r _ram' �All �y rh D'A 0. Jim 1 i «1 TWAV y I c ii .r•C — E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Item #4: Black Cat Industrial Development - H-2021-0064 Application(s):  Annexation and zoning Size of property, existing zoning, and location: This site consists of 126.57 acres of land, presently zoned RUT, located with 125.59 acres west of S. Black Cat Rd and .98 acres on the east side of S. Black Cat Rd. Summary: This is a proposal to annex 126.57 acres of land with the I-L zoning district to allow an industrial development of more than 2 million square feet, and annex a .98 acre property with the R-15 zoning district to achieve contiguity to be eligible for annexation. At the March 1, 2022 City Council Meeting, the Council continued this case to April 26, 2022 for the applicant to continue to address traffic and infrastructure improvements and to propose conditions of approval for the development. The applicant submitted proposed conditions of approval and findings prepared by the applicant’s development team. The summary of these conditions are as follows: 1. The applicant proposes I-L zoning on the site, with all uses and dimensional standards allowed with the exception of a prohibition on self-storage as a primary use. 2. Minimum design requirements are only required for building frontages facing S. Black Cat Rd., I-84, and the E-W Collector bisecting the site. 3. The conditions contain a template for the E-W collector rather than the collector being required to meet Street Section C as described in the Ten Mile Interchange Specific Area Plan. 4. Requirement that certificates of zoning compliance cannot be submitted until ACHD accepts the traffic study. 5. Standard public works conditions of approval. Since the last Council meeting, the development area has been reduced. This is due to the property owner of 935 S. Black Cat Rd. declining to extend their contract with the applicant. This has reduced the property by approximately 3.62 acres. Also, the applicant has removed the fire station originally proposed at the northeast corner as the City does not credit land dedications toward impact fee reductions. Staff has not received any further correspondence from ACHD other than the Integrated Five Year Work Plan based on Meridian’s priorities was adopted in January, and ACHD is unable to move up or prioritize projects in Meridian that are not in the IFWYP. ACHD also noted the applicant does not have the ability to obtain the necessary right-of-way to make full roadway improvements to Franklin Road or Black Cat Road, or intersections along those roadways. The applicant will be required to construct center turn lanes and deceleration lanes where warranted and feasible. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0064, as presented in the staff report for the hearing date of December 21, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0064, as presented during the hearing on December 21, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0064to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) Changes to Agenda: Item #3: Katsura Subdivision (SHP-2022-0005) Application(s):  Short Plat Size of property, existing zoning, and location: This site consists of 3.8 acres of land, zoned I-L, located on the west side of S. Locust Grove Rd north of E. Watertower Rd. Summary: In November of 2021, the City Council approved the annexation of 3.5 acres of unplatted property with the I-L zoning district. The purpose of this annexation was for the construction of a 67,000 sq. ft. warehouse as an expansion of the existing Intermountain Wood Products business at 300 and 330 S. Adkins Way (directly to the west). The existing Intermountain Wood Products buildings are within the Medimont Subdivision Development Agreement, which was approved in 1997. This DA requires a permanent 20-foot-wide landscaped planting strip along the east boundary landscaped with 6-8- foot-high scotch pines at a maximum distance of 15 ft. each. This was to provide a screen for the adjacent residential properties. The landscape buffer was platted into Common Lot 2, Block 2 of the Medimont Subdivision No 1 and is owned and maintained by the Stonebridge Owners Association. In February of 2021, the portion of the common lot between the existing business and the parcels that were to be annexed were deeded to the applicant, and the applicant removed all the required trees within this area in anticipation of the expansion. After being informed this was not in compliance with the approved DA, the applicant requested a modification to the development agreement to allow the merging of this portion of the landscape buffer into the warehouse property. The Council approved the DA Mod with a condition of approval that required replacement of the trees that were removed as part of the subsequent warehouse CZC. A short plat to complete this merger was a condition of approval of the annexation. This will result in one buildable lot, and two remaining portions of the common lot still owned by the Stonebridge Owners Association for a buffer between the remaining properties. The Certificate of Zoning Compliance was recently completed and an updated landscape plan was addressed as part of the CZC. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number SHP-2022-0005, as presented in the staff report for the hearing date of April 26, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number SHP-2022-0005, as presented during the hearing on April 26, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number SHP-2022-0005 to the hearing date of ________ for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting April 26, 2022 Item #3: Subdivision Katsura Item #4: Black Cat Industrial Item #4: Black Cat Industrial Standard public works conditions of approval. 5.Requirement that certificates of zoning compliance cannot be submitted until ACHD accepts the traffic study. 4.Section C as described in the Ten Mile Interchange Specific Area Plan.W collector rather than the collector being required to meet Street -The conditions contain a template for the E3.Collector bisecting the site. W -84, and the E-Minimum design requirements are only required for building frontages facing S. Black Cat Rd., I2.storage as a primary use. -of a prohibition on selfL zoning on the site, with all uses and dimensional standards allowed with the exception -The applicant proposes I1.The summary of these conditions are as follows:The applicant submitted proposed conditions of approval and findings prepared by the applicant’s development team. development. continue to address traffic and infrastructure improvements and to propose conditions of approval for the At the March 1, 2022 City Council Meeting, the Council continued this case to April 26, 2022 for the applicant to Street Section C from 10 Mile PlanTemplate Proposed by Applicant •construct center turn lanes and deceleration lanes where warranted and feasible. Road, or intersections along those roadways. The applicant will be required to way to make full roadway improvements to Franklin Road or Black Cat -of-rightACHD also noted the applicant does not have the ability to obtain the necessary •move up or prioritize projects in Meridian that are not in the IFWYP.Integrated Five Year Work Plan was adopted in January, and ACHD is unable to Staff has not received any further correspondence from ACHD other than the 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Ruger Gardens Subdivision (SHP-2022-0006) by KM Engineering, LLP, Located at 6241 N. Linder Rd., Near the Northeast Corner of Linder Rd. and Chinden Blvd. A. Request: To Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 for two (2) commercial building lots. Page 6 Item#2. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: April 26, 2022 Topic: Public Hearing for Ruger Gardens Subdivision (SHP-2022-0006) by KM Engineering, LLP, Located at 6241 N. Linder Rd., Near the Northeast Corner of Linder Rd. and Chinden Blvd. A. Request: To Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 for two (2) commercial building lots. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 7 PUBLIC HEARING SIGN IN SHEET DATE : April 26 , 2022 ITEM # ON AGENDA : 2 PROJECT NAME : Ruger Gardens Subdivision ( SHP - 2022 - 0006 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes , please provide HOA name 2 � J �7r1 � 3 4 5 6 7 8 9 10 11 12 13 14 Item#2. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 4/26/2022 Legend DATE: 0 Project Location TO: Mayor&City Council RUT FROM: Joseph Dodson,Associate Planner 4 R-8 C-3 C-C 208-884-5533 a C_G Mu— L-4 C-N SUBJECT: SHP-2022-0006 ® ® C-C Ruger Gardens Short Plat LOCATION: Located at 6241 N. Linder Road,near the northeast corner of Linder Road and Chinden Blvd., in the NE 1/4 of the NE � 09 L-0., R-8 1/4 of Section 26,Township 4N,Range FFFr 1W. R�t8i— 11 �lt I. PROJECT DESCRIPTION Request to Short Plat Lot 7 of the Knighthill Center Subdivision No. 2 into two(2) commercial building lots,by KM Engineering,LLP. II. APPLICANT INFORMATION A. Applicant: Stephanie Hopkins,KM Engineering,LLP—5725 N Discovery Way,Boise,ID 83713 B. Owner: Knighthill,LLC— 1676 Clarendon Way,Eagle,ID 83616 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 4/10/2022 Radius notice mailed to property owners within 500 feet 4/11/2022 Page 1 Page 8 Item#2. Posted to Next Door 4/112022 IV. STAFF ANALYSIS The proposed short plat will split an existing commercial lot in the Knighthill Center Subdivision into two (2) commercial building lots for ownership purposes. The proposed lots are internal to the overall Knighthill Subdivision and therefore have no public road frontage; furthermore,the adjacent public roads(Chinden and Linder)are constructed at their anticipated widths. Access to the subject lots would be from existing drive aisles on each side of the existing site. Future commercial building sites will be reviewed through the CZC and DES application process for code compliance against development regulations(i.e.pedestrian connectivity,parking,parking lot landscaping, etc.). There is an existing cross-parking and cross-access agreement for the Knighthill Subdivision which these subject sites should also be bound by—staff has included a condition of approval consistent with this. The submitted landscape plans reference the original subdivision landscaping which includes the buffer along the southern boundary—this buffer landscaping adjacent to this site only has not been completed because this lot has yet to be developed. Despite this landscape buffer being previously required to be constructed,there is no commercial development along this area of the plat so Staff finds it acceptable to maintain that until such time the lot closest to this buffer develops. Staff has included the previously approved landscape plan for reference and has proposed a condition of approval noting the expected timeline of construction for this landscape buffer. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and the required zoning regulations of the C-G zoning district and deems the short plat to be in substantial compliance with said requirements. V. DECISION 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. Page 2 Page 9 Item#2. VI. EXHIBITS A. Short Plat(dated: 2/17/2022) P LAT OF ROGER GARDENS SUBDIVISION {��/y�/(j����■� A RESl1 MIMON OF EOT 7,BLOC[X of M( THI M CENTER$UROVISION W.1,SIYMTM IN yrflY TM HORT 1—V4 OF THE NORSHFA$T 1A 3"ION 28,TOWN5NLP A Wai—, RANGE 1 WEST,806E MERIDIAN,ORV OF MERIDIAN,AOA COINTT,f G ]Ou uD Foxe u�uxPu on n In meeA xc*ut a! ass a aExenc x..s.+w.].ac Pfa fveF w.mtT-on.as IN V Chintlen BouevaM -- .......... .....•.. - ]9 N 58EEi OE% _ v3g'S2L SHEET?-CERTFIG*E OF p.NPRB xID iui x125 va cw•c aan-caia! I stfEr a-cfRAFcuEs P»u PmPmPu �F A„Lgsnr cellar Suhdmxonpat I � LEGEND fal b xxrnlry W,•s wnn .a I� � SLT 5J5"AFB4t.Rx pubic civ x.m'm RSA Ro.rt� 66B2' 1l1 a[e!a—H nusc cw uAwyq [ I/f�AF'lK 1F56R• WGUARD R W(NOTNHC FOUND OR SET) � � 5 �d gp xrywr LxE I s q B t s� I ----- n—0H u� 3 I tl� -I - lulymxlE«nAr L'f':WL�;,w�A I I S i is wr sAtA� �e.se+�t � � re.xots.mixArS1e I +d•"�1 REFEREIK'ES � I I R wm to,t eee,n,Pre:,nTF,maa AfmRa - f.E Rolf ty P �Oa�uxrr,wea t g tim��lai lttK lBWR tNi l�+l➢G ts,�feL� I 8 ! sumrEr NARRA.nA 1IE. fig.---- ---- a_m 9 n n rA tI�w�aa�"o v3�"i• St __ -, rvuu.�wscA R- [�s•Ara,e _ lam o 1x89oa -r sat.>a.__m_____ _ 1 fawsrt tAtls suefwnion ] �f Y NE F E H G••L x E IF L N 6 wn*•pscav DEVfLOPERn�w�m�° Hawkins Companies LLC DolsE,Iawo Page 3 Page 10 Item#2. PLAT DF RU ER GARDENS SUBDIVISION A4ES OMI51ON OF LOT T,BUXX 1,of KN4GHTHILE CENTE9$LiKiiViSIGW No 2,SIruATEA IN THE NDRTHEASr 114OF THE LNQRiHMT T f4,SECTION 2fi,TOWNSHLP'A NORTH, RANGE 1 WEST,E06E MCRIDAN.CETYOF MERIDIAN,ADA COUNTY,MAHO 2022 MiS Ci 9EARNG . . '''''' ' S89rff5zt 26M.00.. '' . . . . .. . . . . . . .. .. .. . . . . . . . . .. . . . . . . . . . . . . — , — — 4U Chinden Boulevard — — — Yse5r36'stY Sez.+�; _ _ _ — — — la. }n ?s POW OF cawwcx^_ ow Gr[m + he OLW#R 9ECEOw 2e Prn Par xa ?nw-p?470 I Flo I ?I. I KPWNhpk cenw Suhdhdwn No 1 I m '+? e i.P.O. I Pw� 9EGN4W, 224.12' FOuxO 1/3'-2! r RXM UF PEBk. J $fin I " I I — — mUCK1 I � I 1100' chow Acc EnftM11CWcr -EJ,EFEFJFr PlIF xxr�.rn.rLL �w�.ma,+wn.r I [wr[n a�orr-,rax�In s I I I 15.sa,twm I xO R/I£H t a, 5 i c+kw20IT-ao PER isxe an°' � I I o I I n (SEE wOlE +4] I C I 11-W -Wn+CCESS ChSEYENT b I PER W hu 2011-1023M I WO I I I I I � ltti6-MrCe3rlh EA6ELCxr I � - -- --Y ------- II r4UR00-;EaAR NrrH — —__--- P 4wi;l`n-11mv FOAD 4/2"REEwR krpm P!S 54WH — — `- -wmx h1EGP,F G+p _ —__ ---- —__--- _——`---_ `—�— RERM AS SHO,r `y sRs sa U]OHM FALLS SUB6 VI518N NO.J S � Page 4 Page 11 Item#2. B. Landscape Plan(previously approved with Knighthill Center No. 2) r dLFJnM9CAJaf P4..AJY 4R4� uEmtma PAmMPm °a`are I I IMISS � e ' 1 1 � � 1 saw _ . r M rl ■-. f 1 I � ■ter n J� � �. r ` II 1 Swr I I I4 I y�R ■WWI �y '} I Page 5 Page 12 Item#2. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: AZ-06-006; PP-13-031; FP-14-020; MDA-13-019 (DA Inst. #114014784). 2. 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. 3. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada County Highway District and Central District Health Department. 4. The short plat prepared by KM Engineers on February 17,2022 by Kelly Kehrer,included in Section VII.A, shall be revised as follows: a. Add a plat note referencing the recorded cross-access agreement for the overall Knighthill Center Subdivision. 5. The required 25-foot landscape buffer along the south property boundary shall be constructed at the time of Lot 2,Block 1 development,per the standards in UDC 11-3B-9 and per the detail contained within the preliminary plat landscape plan(PP-13-031)with a 3-foot berm and trees that touch at maturity. 6. Prior to building permit submittal for each new commercial building, Certificate of Zoning Compliance and Design Review approval shall be obtained. 7. 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. As proposed sewer for the Northern lot would be serviced from the North and the Southern lot would be serviced from the Southeast corner. Existing sewer cleanout must be replaced with a manhole. 2. Sewer is very shallow in this area,the project Civil Engineer will need to confirm service lines can service buildings sufficiently. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to Page 6 Page 13 Item#2. occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be Page 7 Page 14 Item#2. 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 11"map with bearings and distances (marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 8 Page 15 Item#2. 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 Community and the current zoning district of the site is C-G. Staff finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to this property and are adequate to serve the future commercial building sites. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat to create new commercial building lots will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting this site. Page 9 Page 16 E IDIAN.;--- Applicant's Presentation Page 4 Chinden Development-PreProject Manager,Ethan Mansfield April 26, 2022City Council0006-2022-SHPand Linder Short Plat SHORT PLAT WITH NOTES Thank You!Questions? SHORT PLAT WITH NOTES DRAFT UTILITY PLAN SHORT PLAT 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Katsura Subdivision (SHP-2022-0005) by Kent Brown, Located at Lot 2, Block 2 of the Medimont Subdivision No. 1 and 225 and 335 S. Locust Grove Rd. A. Request: Short Plat consisting of 1 buildable lot and 2 common lots on 3.8 acres of land in the I-L zoning district. Page 17 Item#3. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: April 26, 2022 Topic: Public Hearing for Katsura Subdivision (SHP-2022-0005) by Kent Brown, Located at Lot 2, Block 2 of the Medimont Subdivision No. 1 and 225 and 335 S. Locust Grove Rd. A. Request: Short Plat consisting of 1 buildable lot and 2 common lots on 3.8 acres of land in the I-L zoning district. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 18 Item#3. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 4/26/2022 Legend F DATE: 10Fl.d;ei--t Lnoaf TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner --- 208-498-0573 �E FRANKLIN-R-u --- SUBJECT: SHP-2022-0005 I W i I I Katsura Subdivision Short Plat LOCATION: Lot 2,Block 2 of the Medimont ~~ Subdivision No. 1,and 225 and 335 S. - - --- - Locust Grove Rd. ----------- -- I I I I I I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create one buildable lot and two common lots on approximately 3.8 acres in the I-L zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: Kent Brown Planning Services—3161 E. Springwood Dr, Meridian, ID 83642 B. Owner: Banks Group,LC—PO Box 65970, Salt Lake City,UT, 84165 III. NOTICING City Council Posting Date Newspaper Notification 04/10/2022 Radius notification mailed to properties within 500 feet 04/11/2022 Page 1 Page 19 Item#3. IV. STAFF ANALYSIS In November of 2021,the City Council approved the annexation of 3.5 acres of unplatted property with the I-L zoning district. The purpose of this annexation was for the construction of a 67,000 sq. ft. warehouse as an expansion of the existing Intermountain Wood Products business at 300 and 330 S. Adkins Way(directly to the west). The existing Intermountain Wood Products buildings are within the Medimont Subdivision Development Agreement,which was approved in 1997 (Inst. 97072405). Provision 4d requires a permanent 20-foot-wide landscaped planting strip along the east boundary landscaped with 6-8-foot- high scotch pines at a maximum distance of 15 ft. each. This was to provide a screen for the adjacent residential properties. The landscape buffer was platted into Common Lot 2,Block 2 of the Medimont Subdivision No I and is owned and maintained by the Stonebridge Owners Association. In February of 2021,the portion of the common lot between the existing business and the parcels that were to be annexed were deeded to the applicant, and the applicant removed all the required trees within this area in anticipation of the expansion. After being informed this was not in compliance with the approved DA,the applicant requested a modification to the development agreement to allow the merging of this portion of the landscape buffer into the warehouse property. The Council approved the DA Mod with a condition of approval that required replacement of the trees that were removed as part of the subsequent warehouse CZC. A short plat to complete this merger was a condition of approval of the annexation. This will result in one buildable lot, and two remaining portions of the common lot still owned by the Stonebridge Owners Association for a buffer between the remaining properties. The Certificate of Zoning Compliance was recently completed(CZC A- 2022-0040) and an updated landscape plan was addressed as part of the CZC. Staff has reviewed the requested short plat proposal and has determined that it meets the criteria for approval per UDC 11-6B-5. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. Page 2 Page 20 Item#3. VI. EXHIBITS A. Existing Medimont Subdivision No 1 Plat Showing Common Lot J'LfN ,m rraF 9eaaxxsz s.o it 1 E. FRANICUN sr yyrrwa W guar n�n °9 ' 771 A w io'x'cciExcAnrrr N M'SM'43' F Common Lot tt}u� ¢vlrar —I ,wo- w o.,rws• xm r ' ti M 14QII`lY' w e OF SEG4hIN,MC 1171n tr S I {♦7' pp Y r ^n.U'X+S E 7 � rev _ T.A T5 ,e WfE irranpN 1 I R 7 +'YI V THE IEGI-WT WMi4FAM I xIftuI'm J3 {1 ¢ apt Z 9 cb I 04rxese17E.U44' 6 x 10, I , � •� I>ax �"' `• , Newly annexed ,.3 s I wv'x ssah area intended o r F KOM' r�z for warehouse `—I G Jam, I� O:,OK'7.o,.�E„py 14 II l :OR NuIrTER , `� ly 040'..,,,::.xo,r cr w H9G 9'{4'E 46s�k1 I� 'w *r 14 9DWh r EAEOHNT ra TWE EEEeEFIT a na — CURVE_ QA, r' Fx Ati •+dF1195 1 95eC'NOY 9l'4dE� —_ CLNN Hb Rmd:.f Len Ih Nit ■il Ch" S .40 26.23 ��.32 1 „MS; •� ul�i►SbG - S .78 1t 59 w 0W29 Z13 il IL rY 4 4�. 1 1 2 a rnn snni la'71 Page 3 Page 21 Item#3. B. Proposed Short Plat(date: 2/9/2022) KATsuRA suBF_) psi 1 A RE5UBDIVNMN OF LQT 7. 6k OCIS s, MRPsMON> SuDdfYr514N WD- 1 & 44lrLLiw,SA No I `� A PORT10H CF THE HE 1/4 OF THE NE 1/4 CIF SECTION T&, r� w ke4 779t - o.} ¢3 r o TOWNSHIP 3 NCRTH, RANGE I EASt, 8415E MERIDIAN, MY iDF MEMO" — COUNTY OF AIDA — STATE OF IDAHO LNKATRU �- � M4w'sry1IE +a7.ad' � Ys�W +Q4-�#' — R_PxA+�n'L�+�Rr+ r P� 527n I � N5- YM �91146A} L.1 1 0 IF Lqi 3 a ,y�,o-ti7lilrY WMWOMT muK«v. —_- aoolr M PACE 7794-F 36 PA �S�HL Y PA P.lk b+H0. 2 B 77 r� S1-918+ r+ �'kUJC LI-P # I WGUi A73OI Ifff"nEo I 3} IRRIGATUM LAl 7 i DSTRI[T IF ugf IkL9EH B4]C�[7 S+u a4'S7�t�96= r — t N IkGRIC T. }— � +f 04 TrI ATV ,mad mumAh g} re II. 6 I'dWR Fd: I I •*0TE 0 { I J} A ua%l L RE47R6Fb h} Lb I z 9Lt LOT 9 kC90m MCK 2 ---- b cf A I — a saa�e' if �..taa _y r I.III f FM an ELOY Pm IN EFF now 1IR P,rOE i747l-i7aKa LW z " '"3 r LrI I ReL+tibKQ am" z a �I GAS ".fff�'...3333 NUT FfA' I' 4G im V Y4H+ILT. ', U009 71, �IF£S 7794�-779,E, WINIK:.:h hULONCIIIN.la. :. MR ND. 2 D" 79, PktEg 3453-MA �DeK 83,prl.E�9�9e-g,:,e ll �u onnr iT� anrtc T7JolY7i45 f_4Jf _ ...,.,�.._ Page 4 Page 22 Item#3. C. Annotated Short Plat(date: 2/9/2022) Imo? KATSURA SUBDIVISION A R£$URDMSkM OF LAT 2, BLOCK 2, IF lk%DNT SLPMYGON 46. 1 & ISTawNE as Nrs., o .f��n A PDRT19N OF MF NE 1/4 OF THE NE T/4 4F SECT" 18. N. eoo-ll-r5 PALE Trzl rnIs a"51 iaNm$HIP s NORTrt. RANM , £AST. 9OISE#IER@IAA. 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D. Conceptual Site Plan(date: 1/12/2022) 00, I x :x f 92 ARCHf DM lALSn PLPh Page 6 Page 24 Item#3. E. Approved CZC Landscape Plan(date: 4/12/22) "6`&9 HI7IAEACff®9AEIBA fi [AW%UMAM%%i �I ' •hc .vc�e �xlNElceilwa:: ENJ41� � aeKrrc�iaa� �A�i � tiu,. WwK i MAND C, i i d i i W J} _ x I 1 ` I Ij u AHA� g uvmEa h li 4 y I - I MMYERW - �ih�e4L'Fr_u2�4 ---- q I CCEWQ -WFRPQE m.� FJflPS ` 5 L DSC PE Rh\TM. i E EPa 5 1ANQSCIPP.RANTER Page 7 Page 25 Item#3. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Kerry Albright of Forsgreen Associates Inc included in Section VI.B shall be revised as follows: a) Add a note to the plat that specifies the shared access between Lot 2 Block 1 of the Katsura Subdivision and Lots 7 and 8 Block 2 of the Medimont Subdivision No 2. or graphically depict a cross-access/ingress-egress easement in accord with the provisions of UDC 11-3A-3A2. b) Note 5: add instrument number. 2. Applicant shall comply with all previous conditions of approval associated with this development(H-2021-0042,DA Instr. 2022-001274). 3. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-6B-7. 4. Development of any lot shall require submission of Certificate of Zoning Compliance and Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of Meridian code. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals as noted in condition 3. above,does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A streetlight plan has not been submitted or approved. Streetlights are required on the S. Ten Mile Road frontage per the City of Meridian standards. The streetlights will need to be installed and operational,with approved record drawings submitted,before any form of occupancy will be granted. 2. If the existing sewer main into the site will not be used, it must be abandoned at the manhole. 3. If the existing water main into the site will not be used,it must be abandoned at the main. 4. Water should be serviced from Locust Grove. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Page 8 Page 26 Item#3. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health 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. It. 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 Page 9 Page 27 Item#3. certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 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 10 Page 28 Item#3. 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 Industrial. The current zoning district of the site is I-L. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds that the development will not require the expenditure of capital improvement funds.All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 11 Page 29 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from March 1, 2022 for Black Cat Industrial Project (H-2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, 935, and 955 S. Black Cat Rd. and Parcel 51216131860. A. Request: Annexation of 130.19 acres of land with R-15 and I-L zoning districts. Page 30 Item#4. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Alan Tiefenbach Meeting Date: April 26, 2022 Topic: Public Hearing Continued from March 1, 2022 for Black Cat Industrial Project (H- 2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, 935, and 955 S. Black Cat Rd. and Parcel S1216131860. A. Request: Annexation of 130.19 acres of land with R-15 and I-L zoning districts. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 31 PUBLIC HEARING SIGN IN SHEET DATE : April 26 , 2022 ITEM # ON AGENDA : 4 PROJECT NAME : Black Cat Industrial Project ( W2021 - 0064 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 (9 oat u� t 0 L/ 6 PA, S V 0 y/4 W r r� AS 4 5 6 7 8 9 10 11 12 13 14 Item#4. April l l, 2022 MEMORANDUM TO: Mayor and City Council FROM: Alan Tiefenbach, Associate City Planner RE: Black Cat Industrial Development-H-2021-0064 At the March 1, 2022 City Council Meeting, the Council continued this case to April 26, 2022 for the applicant to continue to address traffic and infrastructure improvements and to propose conditions of approval for the development. Attached are proposed conditions of approval and findings prepared by the applicant's development team. The summary of these conditions are as follows: 1. The applicant proposes I-L zoning on the site, with all uses and dimensional standards allowed with the exception of a prohibition on self-storage as a primary use. 2. Minimum design requirements are only required for building frontages facing S. Black Cat Rd., I-84, and the E-W Collector bisecting the site. 3. The conditions contain a template for the E-W collector rather than the collector being required to meet Street Section C as described in the Ten Mile Interchange Specific Area Plan. 4. Requirement that certificates of zoning compliance cannot be submitted until ACHD accepts the traffic study. 5. Standard public works conditions of approval. Since the last Council meeting, the development area has been reduced. This is due to the property owner of 935 S. Black Cat Rd. declining to extend their contract with the applicant. This has reduced the property by approximately 3.62 acres. Also, the applicant has removed the fire station originally proposed at the northeast corner as the City does not credit land dedications toward impact fee reductions. Page 32 Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org item#4. Page 2 ATTACHMENTS A. Revised Concept Plan, Roadway Sections, Public Utility Plan and Annexation Exhibit. https://weblink.meridiancity.oriz/WebLink/DocView.aspx?id=25 8646&dbid=0&repo =MeridianCity B. Proposed Conditions of Approval and Findings (provided by applicant) CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Site Specific Conditions of Approval: 1.1. A Development Agreement(DA) is required, which shall at a minimum, incorporate the following provisions: a. The property zoned I-L shall be used consistent with the uses and dimensional standards allowed in the I-L zone, which include light manufacturing, research and development, warehousing and distributing. Self-service storage facilityl will not be a primary use on the property. b. Development of the subject property shall be generally consistent with the site plan and conceptual building elevations submitted with the applications. c. The East-West collector road shall be constructed as shown in Exhibit A. d. Development in the I-L Zone shall be generally consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Mixed Employment(ME) designated areas, with the following clarifications and exceptions: 1) Only building faces along Black Cat Road, I-84 and the E-W collector through the middle of the site shall be considered frontage. No other building faces are considered frontage. 2) For the interior industrial buildings (A, B, C, D, E, F, G, H, J), an average of 15% of the linear dimension of the streel level frontage shall be in windows or doorways. 3) Parking is allowed along frontage, provided that the maximum length of parking at frontage does not exceed 30% of the linear dimension of total frontage of all buildings combined. Page 33 Item#a. Page 3 e. Development in the I-L Zone shall be generally consistent with the Meridian Architectural Standards Manual, with the following exceptions: 1) Requirements shown on Building Scale, Building Form, Architectural Elements, and Materials Standards Tables apply to building facades along Black Cat Road, 1-84 and the E-W collector through the middle of the site. They do not apply to other building facades. 2) Loading Docks will be allowed to face the N-S Collector on the west boundary as shown in the site plan. £ Certificate of Zoning Compliance and Design Review applications cannot be submitted until after ACHD accepts the Traffic Impact Study. g. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, , Comprehensive Plan, Architectural Standards Manual,prior to issuance of building permits for any structure(s) within this site. Notes: 1 as defined in Meridian Unified Development Code Section 11-1A-1 B. PUBLIC WORKS 1. Site Specific Conditions of Approval: 1.1. Surface slopes shall not exceed 3:1 1.2. All drainage must be retained onsite 1.3. If the onsite 8" sewer lines are services, they should be decreased to 6", based off flows this should be sufficient. 1.4. Any 8" water or sewer main outside of right-of-way shall be covered by a City easement. 1.5. Sewer services shall not pass through infiltration trenches. 1.6. When the development connects to the east, the water pressure zone will change from 1 to 2 which will result in an approximately 22 psi pressure increase. Provide stubs or blind flanges to the property lines at the future road connections to both the east and west. 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 Page 34 item#a. Page 4 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 I 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 Page 35 item#a. Page 5 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. Record of abandonment must be provided to the City prior to signature of the final plat. 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 Page 36 item#a. Page 6 jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orglpublic—works.aspx?id=272. 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. FINDINGS Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the I-L zoning district and proposed light industrial use is consistent with the existing Mixed Employment FL UM and TMISAP designations for this site and is compatible with existing and planned future uses in the area. The TMISAP provides that Mixed Employment areas should provide a variety of flexible sites for small Page 37 item#4. Page 7 businesses as well as large national or regional enterprises. (3-11). The proposed industrial development provides flex and light industrial uses in a variety of building sizes, each of which is demiseable into smaller spaces to serve a variety of business sizes. TMISAP also seeks to `provide for industrial opportunities in consideration of future improvements to Highway 16" (3-3). The site provides an ideal location for local and regional light industrial businesses to access Highway 16,providing jobs close to home for Meridian residents. The City Council finds that the proposed initial zoning ofR-15 for the approximately 1- acre residential property on the east side of Black Cat Road is consistent with the existing Medium High Density Residential designation for this site and is compatible with existing and planned future uses in the area. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed I-L zoning district and proposed use is consistent with the regulations and purpose statements of the I-L district, which is to provide for convenient employment centers of light manufacturing, research and development, warehousing and distributing. The City Council finds the proposed R-15 zoning district is consistent with the regulations and purpose statement of the R-15 district. 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 will not be detrimental to the public health, safety and welfare. The development will build new roads and pathways consistent with TMISAP design standards to provide safe vehicular and non- vehicular connections for employees and area residents. 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 that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. The proposed industrial development will not impact school capacities. 5. The annexation (as applicable)is in the best interest of city. The City Council finds that the annexation is in the best interest of the City. The proposed industrial use will provide needed industrial business space to support and complement the commercial and residential uses planned within the TMISAP area. Page 38 item#4. Page 8 EXHIBIT A I s➢om a II m SIDE NORTH&EAST SIDE I mnK E�seuerr Banc�rtrn W*THVAM NPFOPV6m Rlfllf-0fi1141` VAMWAW - r I I w-tcme.a I 1 3 PYwxg I olm 17 @ww I 1P 112 !ww 1a 'r��'rywL�R�ERMInixE[5 ��MP V iWn�i V� Rµ�RmxixEE5�5D-�r'' �/ ICIXIC[PNAL lCG5il0h7�, _ iL AL WtI�RRr! .. 'A1R1MIdV LfllMdl rwx�[] .=MiI(Xry Page 39 item#4. Page 9 PROPOSED CONDITIONS OF APPROVAL: Page 40 Item#4. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 12/21/2021 Legermd DATE: TO: Mayor&City Council FROM: Alan Tiefenbach Li 208-884-5533 SUBJECT: H-2021-0064 Black Cat Industrial LOCATION: The site is located at 350, 745, 935, and 955 S. Black Cat Road and Parcel S1216131860 i r I. PROJECT DESCRIPTION Annexation of 129.21 acres of land with the I-L zoning districts to allow industrial development. This application also includes a proposal to annex a 0.98-acre property with the R-15 zone district to provide the required annexation path. NOTE:Staff has met with the applicant numerous times to discuss this project.Staff has expressed many concerns including the lack of compliance with the Ten Mile Interchange Specific Area Plan (TMISAP) in both use and design,potential traffic impacts,probability of low job generation, and whether the timing is right for a development of this magnitude in this location when other properties on the east side of N. Black Cat Road have not fully built out as approved. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 130.2 acres Future Land Use Designation Medium High Density Residential for the 0.98-acre parcel to the east,Mixed Employment and Low-Density Employment for the 129 acres to the west. Existing Land Use(s) Vacant and Single Family Residential Proposed Land Use(s) Industrial business complex Lots(#and type;bldg./common) 5 existing lots,no platting proposed with this application Phasing Plan(#of phases) Phase Plan indicates 3 phases Number of Residential Units(type One single family residence being retained. of units) Page 1 Page 41 Item#4. Description Details Page Density(gross&net) N/A Physical Features(waterways, The Rosenlof Drain is indicated along the northern hazards,flood plain,hillside) property line,but not on the subject property. Neighborhood meeting date;#of August,9,2021,22 attendees including the applicants attendees: B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State S.Black Cat Rd.is existing,concept plan indicates east- Hwy/Loca1)(Existing and Proposed) west collector through the middle of the site,and new north-south collector at west property line. Traffic Level of Service Better than"E". Stub Street/Interconnectivity/Cross East west collector bisecting the property,and a north- Access south collector running along western property line proposed. Existing Road Network S.Black Cat Rd and W.Franklin Rd Existing Arterial Sidewalks/ There are no existing buffers or sidewalks along S.Black Buffers Cat Rd. Proposed Road Improvements Applicant would be required to improve S.Black Cat Rd with 17 feet of pavement and curb,cutter and sidewalk. Applicant would also be required to construct two east- west collectors(one through the middle of the site,one along the northern property line,and one north-south collector along the western property line. Fire Service • Fire Response Time • Project can be served,but will be out of 5-minute response time. _ • Comments • Station 6 is closest at about 6 to 7 minutes away.All buildings will be sprinklered and may need fire pumps to meet fire flow.The entire project will require secondary access that meets the 2018 IFC. • The proposed fire station property is in a good location for the MFD future station areas,but at this time there is no avenue to trade the property for impact fees.The city would need to purchase the property outright. Police Service No comments Wastewater • Distance to Sewer Directly Adjacent Services • Sewer Shed 1 South Black Cat Trunkshed • WRRF Declining Balance 14.21 • Project Consistent with Yes WW Master Plan/Facility Plan • Issues/Comments • Flow is committed. Page 2 Page 42 Item#4. Description Details Page Public works is okay with the building up of the site to accommodate sewer as long as surface slopes are no more then 3:1 All drainage is retained onsite. • There are multiple 8"lines without easements. Easements must be provided for 8"mains,however, based off flows these could be decreased to 6" service lines. • Ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 340 ft. • Pressure Zone 1 • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Water will be provided initially from pressure zone 1, but will be from pressure zone 2 when development from the east connects. Pressure change will be approximately 22 psi higher. • Provide for water connections at future road connections to east and west(blind flange or stub to PL as appropriate. • Ensure adequate valving is provided to allow future pressure zone change. • Existing wells must be decommissioned according to IDWR rules which include employing methods to ensure grout fills the annular space outside of the well casing. Record of abandonment must be provided to the City prior to final plat signature. Page 3 Page 43 Item#4. Project Area Maps Future Land Use Map Aerial Map Legend High r Legend Re�sid�n 0 f ��P•o"eo' Lxa�or I�P•a;e�- Lxa�or, oymaof mul-Res� u-C&in- xe i •1�� a� ¢' .High A. Em p w Lsnsrty Resideniiol Zoning Map Planned Development Map Legend Legend IQ iP•a�ec*Lcca�ar 1M=E �Fr�c#Lacoi�n _ R1 R 5 R1 + C City L j R=15 Pore MI M1 TL R- R1 �� - I R1 d RR i a L� Applicant Information A. Applicant/Owner: Will Goede, Sawtooth Development—371 N. Main St. Ste 201, Ketchum, ID 83340 B. Representative: The Land Group—462 E. Shore Dr, Ste 100, Eagle, ID 83616 Page 4 Page 44 Item#4. III. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/2/2021 Radius notification mailed to properties within 300 feet 10/28/2021 Sign Posting 10/29/2021 12/2/2021 Nextdoor posting 10/28/2021 IV. STAFF ANALYSIS This is a proposal for annexation of 129.21 acres of land with the I-L zoning districts to allow an industrial development including 9 buildings ranging in size from 131,000 to 342,160 sq. ft. (Buildings A-J) and 7 smaller commercial buildings ranging in size between 6,800 to 33,600 sq. ft. (Buildings K1-MI). This application also proposes to annex an 0.98-acre property with the R- 15 zoning district for the sole purpose of making this property contiguous with City limits in order to request annexation. A. Annexation and Zoning The applicant proposes to annex the 0.98-acre parcel with the R-15 zoning district in order to achieve the contiguity to be eligible to annex the 129.21 acres of property on the west side of S. Black Cat Rd. The applicant proposes to rezone the remaining 129.21 acres west of S. Black Cat Rd.to I-L(Light-Industrial).As is discussed below, staff does not support rezoning to I-L and finds M-E would be the appropriate zoning as indicated in the TMISAP. Staff does find the Plan supports rezoning the 0.98-acre parcel to R-15, although the applicant has not offered any additional details regarding future use of this property other than the existing residence will remain. B. Future Land Use Map Designation(https://www.meridiancity.or /�comQplan) The subject properties are within the Ten Mile Interchange Specific Area Plan (TMISAP). The Plan designates 745 S. Black Cat Road and the eastern half of Parcel#S 1216131860 for Low Density Employment(Buildings K1-M1). The Plan designates the western half of Parcel #51216131860, 935 S. Black Cat Rd and all of Parcel#51216417365 for Mixed Employment (Buildings A-J). The property at 350 S. Black Cat Rd(east side of N. Black Cat Rd) is designated for High Density Residential(density range of 8 to 15 dwellings/acre). i. Low Density Employment This use is defined by the TMISAP as low-rise office and specialized employment areas. Low Density Employment areas should provide a variety of flexible sites for professional offices and similar businesses. Low Density Employment areas should be designed with elements of Traditional Neighborhood Design. Design and development standards such as landscaping,pedestrian circulation and connection to open spaces, are recommended to help make developments more attractive, engaging and accessible places. Appropriate land uses include corporate and business offices as well as research facilities and laboratories. ii. Mixed Employ This use is described by the TMISAP as an area to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment Page 5 Page 45 Item#4. areas,light industrial including manufacturing and assembly,and other miscellaneous uses.Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises.Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. -a USTrr LoVv Den ity _;I -- -- 'Med:High Densit' Residential E lUk`U Hiopwr gh Deny • Empl � A Applicant's proposal: The applicant requests to annex and zone the 129.21 acres of property west of S. Black Cat Rd to I-L. The applicant requests to annex and zone the 0.98-acre parcel at 350 S. Black Cat Rd to R- 15. The applicant's narrative states their proposal meets the TMISAP intent of low-density employment and mixed employment areas as it would provide a variety of flexible sites and allow the larger double and single loaded light-industrial buildings to be divided into spaces as small as 18,000 square feet. The narrative states the Black Cat Business center would provide in-demand manufacturing,heavier office build-out, flex industrial and accessory retail,warehousing and distributing facilities in this region. It mentions the Mixed Employment designation in the TMISAP does list light industrial as one of the appropriate uses. Finally,the narrative notes the City of Meridian has less than a 1 percent vacancy rate for industrial business uses,and the Treasure Valley as a whole lags behind its peer markets. The concept plan submitted by the applicant indicates 7 buildings ranging in size between 6,800 to 33,600 sq. ft directly adjacent to the west side of S.Black Cat Rd(Buildings K1-M1). The applicant's narrative states that in this area the project includes flex incubator buildings which could be divided into spaces as small as 2,500 square feet. The applicant also proposes to set- aside an approximately 18,000 sq. ft. lot for a potential 10,000 sq. ft. fire/emergency services station. On the remainder of the subject properties to the west,the concept plan reflects 9 very large buildings ranging in size from between 131,820 sq. ft.to 293,280 sq. ft. to a total of 1,897,480 sq. ft. (Buildings A-J). These buildings are oriented with one row north of a new collector and one row south of the new collector. The concept plan shows multiple loading bays on all buildings and a wide collector street to accommodate large truck traffic. Page 6 Page 46 Item#4. Staff Response: Staff does not support annexation and zoning to I-L as I-L would allow uses not supported by the Plan in this area. Staff s response to the applicant has been that the TMISAP vision for the area adjacent to I-84 is an employment district that will support the creation of more than 20,000 jobs offered by a wide variety of employers. It should serve as a primary gateway to Meridian and Meridian's prosperity, and provide local employment to the large amount of new residential across S. Black Cat Rd to the east and W. Franklin Rd to the north and east. Staff notes the TMISAP states"the City knows that this is one of the last remaining large, contiguous areas of highly visible,easily accessible, and developable land within the City of Meridian's Area of Impact." The applicant's narrative mentions light industrial is listed as one of the appropriate uses in the Mixed Employment Plan Area. This is correct,but the TMISAP refers to light industrial as manufacturing and assembly,which is consistent with the definition of light industrial per UDC 11-1A-1. Although the I-L Zoning District could allow numerous primary jobs,it also allows uses by right that would not be consistent with the goal for Mixed Employment per the TMISAP.This includes warehousing, distribution and self-storage,which typically does not produce a large number of primary jobs. Other uses allowed by right which staff believes are not consistent with the Plan include contractor's yards, equipment rental and sales,vehicle repair, and car dealerships. The plan designates these types of industrial uses to occur adjacent to W. McDermott Rd, further west of the subject property, away from the residential that is intended to develop across S. Black Cat Rd to the east. Based on the concept plan that has been provided by the applicant,the majority of the plan suggests a warehouse and distribution/storage development. This is in contrast to the TMISAP vision for sense of place,traditional neighborhood design, streets designed to serve all users, and multi-story construction(although the smaller Buildings K1-M1 directly adjacent to S. Black Cat Rd,would be closer to the TMISAP vision). Staff has recommended the applicant apply to rezone to Mixed Employment(M-E),which allows the mixture of office,research, specialized employment areas and the type of light industrial (manufacturing and assembly)which is intended for this area by the Plan. The applicant has elected to proceed with I-L zoning. Staff agrees there may be a strong market demand for industrial uses,but the Plan specifically says the intent of the TMISAP is to create a place that will add to the long-term economic stability of the City of Meridian,not just respond to immediate market forces and trends(page 3- 3). C. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property (except for 0.98-acre 350 S. Black Cat Rd)for low density and mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley.Although annexing and zoning this area to I-L could create primary jobs as anticipated by the Plan, it could also allow uses such as distribution, warehousing and self-storage that would not create a significant amount ofprimary-wage jobs. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01 C) Page 7 Page 47 Item#4. The TMISAP specifically targets the subject property to accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. There are additional design guidelines to create an environment that has a significant degree of coherence and continuity. The annexation of the subject property for the industrial uses described by the narrative and depicted on the concept plan do not meet the intent of the Plan in both use and design.Also, the Community Planning Association of Southwest Idaho (COMPASS) has submitted a development review letter. The summary of the letter indicates that COMPASS finds the level of stress on the roads would be "R" (unsatisfactory), it would lead to further decrease in the jobs/housing balance, and is not within the%mile walkable distance preferred for transit and goods and services. • Evaluate development proposals based on consistency with the vison as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.01D) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP contains additional design standards for this area to create a sense of place and a unique identity. The proposed annexation and zoning to I-L to allow an industrial development of large distribution-style warehouses bisected by a wide collector road to facilitate freight traffic is not consistent with the Plan vision or the design for this area. • Promote Ten Mile,Downtown, and The Village as centers of activity and growth. (2.09.0313) As already mentioned, the TMISAP designates this area for an employment center for the local population in close proximity to nearby residences. Rezoning to I-L to allow a distribution and warehousing development would provide growth, but not the type anticipated by the Plan. Establish distinct, engaging identities within commercial and mixed-use centers through design standards. (2.09.03A) The Ten Mile Interchange Specific Area Plan focuses on developing an area that has an identity of its own, but which links to the nearby development. The current application could allow numerous uses not desired by the Plan, with monotonous architecture and design not consistent with the design guidelines. This does not further the intent of the Plan to create a unique sense ofplace. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) This applicant proposes to annex 129 acres of undeveloped property which is surrounded by unincorporated land on all sides except at the northeast corner, in which the 0.98-acre parcel is being annexed in order to achieve the required contiguity. Further, much of the property to the east is not annexed or annexed with development agreements, but not built-out to their full capacity,further exacerbating the strain on the transportation network in the area. Full impacts on the transportation system will not be known with this development until the applicant completes a traffic study for ACHD to review and approve. There are no anticipated improvements to S. Black Cat Rd and W. Franklin Rd in the short term, and the closest water and sewer connection is approximately 340 feet to the north of the property. This would be considered unorderly and fringe development. Page 8 Page 48 Item#4. D. Existing Structures/Site Improvements: The majority of the property is vacant, except there is single family and agricultural development located at 935 and 745 S. Black Cat Rd. If these properties were rezoned to I-L,the residential and agricultural buildings should be removed. E. Proposed Use Analysis: The applicant proposes to zone to I-L. As mentioned above, staff believes the I-L district allows uses by-right which are not consistent with the high employment-generating uses intended for this area by the Plan, and the concept plan suggests a distribution and warehousing(or self-storage) development. Staff finds Mixed Employment(M-E)is the zone district which is more consistent with the TMISAP for this area. Staff believes the proposal to annex and zone 350 S. Black Cat Rd to R-15 would generally be consistent with the Medium High-Density Residential designation of the TMISAP. The applicant has not submitted any additional information for this property other than annexation of this property is necessary for the remaining 129.21 acres to be eligible for annexation. If the subject annexation is approved,the existing residence would need to connect to City services. F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-25 (Industry, light and heavy)requires all shipping and delivery and outdoor activity areas to be at least 300 ft. from any abutting residential district.Applications should identify how proposed use will address impacts of noise and other emissions on residential districts. The concept plan shows the outdoor loading and activity areas are at least 300 ft. from the adjacent residential district to the east. The applicant does not provide an explanation regarding potential impacts and/or how they would be mitigated. G. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. The TMISAP introduces basic rules of good design. This includes buildings built to public rights- of-way, easy pedestrian access,narrow streets to slow traffic,and the facades of larger commercial buildings being broken down into short frontages with"big boxes"being wrapped in smaller commercial,residential,and office uses. With some revisions, staff believes Buildings K1-MI as shown on the concept plan could mostly reflect these principles, although the buildings are oriented around a central parking lot rather than a courtyard. Also,the TMISAP mentions building frontages,rather than surface parking lots and landscaped areas,should"hold the corners"by framing sidewalks or public spaces whereas the entrance of this development from S. Black Cat Rd consists of landscaping and parking lots with building maintaining larger setbacks. The larger buildings A-J are oriented to a wide collector street,have larger front setbacks,have single building frontages between 180 ft. and 470 ft. in length, and are not broken down or wrapped with smaller buildings. Staff does not believe this encapsulates the TMISAP principals for design envisioned for this area and is skeptical the concept plan could be designed to meet these principles for the use as proposed. The City Council should decide whether this type of industrial use is appropriate in this area. Page 9 Page 49 Item#4. H. Access(UDC 11-3A-3, 11-3H-4): W.Franklin Rd west of the subject property is presently 2 lanes with no curb, gutter or sidewalk, and narrows to one lane west of S. Black Cat Rd. S. Black Cat Rd. is presently 2 lanes with no curb, gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan (IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2026. Black Cat Rd is listed to be widened to 5 lanes between W. Overland Rd.to W. Franklin Road in 2036 to 2040. W. Franklin Rd. is planned to be widened to 5 lanes between W. McDermott Rd and S. Black Cat Rd from 2026 to 2030. W. Franklin Rd is eventually intended to connect to SH 16 by a signalized intersection. The TMISAP Transportation System Map shows a new collector street bisecting the property east to west and a new north-south collector street at the western property line(page 3-18). The TMISAP notes the primary purpose of the collector is to serve short length neighborhood trips and to channel traffic from local streets and abutting properties to minor and principal arterials (page 3-19). Subject Property ..w --�- Pne■1A wulF.Opm— �� calactw PalenUl Co/edal Esreneian _ Lrr#W Am"%1 H-Jhnra yr The TMISAP Street Section Map designates new collectors in this area to be Street Section C (page 3-20). Section C represents the major collector streets to provide access from adjacent arterial streets into the employment areas. Street Section C(below)includes 11 ft.wide travel lanes, 6 ft. wide bike lanes, 8 ft. wide carriage strips, 6 ft.wide sidewalks and approximately 10 ft. setback from the back of detached sidewalks to the building wall (to a total width of 68'). This is consistent with the"complete street"concept discussed by the TMISAP to provide a street that works for motorists,bus riders,bicyclists, and pedestrians, including people with disabilities and to provide traffic calming. VaVel Lane IraVel Lane lane 34' � e iulb•lo-curb distance The concept plan provided by the applicant reflects the east-west collector bisecting the site to be 60' wide with all of this being travel lanes, and detached pathways and landscaping outside of the 60' of travel lanes. Rather than on-street parking,there are several rows of parking between building fronts and the road. Page 7 of the narrative states that the"new collector road bisecting Page 10 Page 50 Item#4. the development site will"provide easy freight access to the project"which is indicative of a typical industrial development. This is not consistent with the mixed employment area and with the street design principals on Page 3-20 of the TMISAP which state that"streets should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving vehicular traffic." �j LU J .. _ rt - _�. (NE - �- 1*1:� 44 "-AW-1 1;i11-1 1L 1111111111 !1jij1�1 lilft� 11111111J '���Jjlllil�I11{El� ` - - Concept Plan street layout - In addition to the collectors shown on the TMISAP Transportation System Map,the TMISAP Land Use Map(Page 3-16) shows a desired local street bisecting the site north to south. Also, ACHD has commented a third collector street is required along the Rosenlof Drain, at the northern perimeter of the property(the local street would connect the two east-west collectors). Although staff has mentioned to the applicant to provide this north-south local street,this connectivity is not provided on the concept plan. The northernmost collector as required by ACHD is also not shown. A traffic impact study is not a required item for an annexation application. However, staff notes this application proposes almost 2 million sq. ft. of new commercial or industrial square footage. Although the immediate area is mostly undeveloped,there is a significant amount of development in the vicinity which can be or has already been built,has been approved, or is in the development application stage. This includes 330 single family lots and 240 apartments in the Braya Subdivision across S. Black Cat Rd. to the east, and the large amount of commercial and residential development occurring at the 10 at Meridian,Vanguard Village, Ten Mile Crossing and TM Creek Crossing developments on both sides of N. Ten Mile Rd. south of W. Franklin Rd. Staff has mentioned to the applicant that the traffic impacts of nearby development already entitled have yet to be realized,there are no anticipated road improvements to W.Franklin Rd and S. Ten Mile Rd. in this area in the short term, and has expressed concerns regarding how the impacts of 2 million square footage of new industrial would affect the road network. The applicant has not provided any additional analysis. 1. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every two thousand sq. ft. of gross floor area in industrial districts.With Buildings A-J listed on the concept plan as comprising 1,900,000 sq. ft. +/-,this amounts to 950 parking spaces,whereas based on the numbers given on the concept plan,the number of parking spaces provided well exceeds this requirement. Future planning land use applications will determine the required number of parking spaces for all uses. The TMISAP encourages on-street parking throughout the Ten Mile Interchange Area where appropriate.Not only does on-street parking significantly add to the supply of needed parking Page 11 Page 51 Item#4. spaces, it provides an additional layer of physical and psychological separation between cars moving along the street and pedestrians, shoppers, diners and others on the sidewalks. Parking lots should not dominate the frontage of pedestrian-oriented streets or interrupt key pedestrian routes. Ideally,parking lots should be located behind or underneath buildings or within the interior of blocks. Less ideally, lots can be located beside the structures they serve. All parking lots visible from public thoroughfares should be screened by plantings or walls or a combination of the two. (page 3-26). As mentioned in the access section above,the concept plan reflects a wide collector street designed for truck traffic with no on-street parking. The majority of parking is provided to the side of Buildings A-J,but there are two rows of parking between Buildings G,H and the collector street. There is also a parking lot directly adjacent to S. Black Cat Rd south of Building M1, and Buildings L2 and L3 are oriented around a central parking lot which is adjacent to S. Black Cat Rd and parking. This is not consistent with the Traditional Neighborhood Design principles of the TMISAP which would support buildings oriented around a plaza, open space or courtyard and buildings rather than landscaping or parking"holding the corners." J. Pathways ( UDC 11-3A-8): The Pathways Master Plan(PMP)reflects a 10 ft. wide multiuse pathway aligned east-west at the southern perimeter of the site, adjacent to I-84. The concept plan indicates a 10' wide pathway along the southern perimeter of the site in the general location of the alignment shown on the PMP. It does appear the required 5 ft. wide landscape strip is provided along both sides of the pathway except near the southwest portion of the site. K. Sidewalks(UDC 11-3A-17): The concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on both sides,along S. Black Cat Rd.,along the western property line,and along landscaped islands running north-south between Buildings K1-M1 and Buildings A-J. Landscaping and/or parkways of an unspecified width are provided on both sides of the detached sidewalks. The sidewalks do provide connectivity throughout the development and to adjacent properties to the north and south. As mentioned in the access section above,the sidewalks are not consistent with Street Section C as it is reflected in the TMISAP. Instead of being components of a walkable street section,they run along a series of parking lots and drive aisles,consistent with what would be expected in a large industrial development. L. Parkways (UDC 11-3A-17): UDC 11-3A-17 requires parkways of a minimum width of 8 feet. It does appear parkways are incorporated into both sides of all detached sidewalks, although the width of these parkways is not provided. M. Landscaping(UDC 11-3B): A 50 ft.buffer is required along 1-84, a 20-foot wide landscape buffer is required adjacent to collector streets,and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). UDC 11-313-8 has landscape requirements for parking lots including 5 ft.perimeter streets and islands of at least 50 sq. ft.per every 12 parking spaces. The concept plan as submitted does appear to show the minimum landscape requirements are met,although as mentioned in the access section,the proposed collector streets do not appear to meet the Street Section C requirements as mentioned in the access section above. Landscaping requirements would be analyzed with future development. Page 12 Page 52 Item#4. N. Qualified Open Space (UDC 11-3G): As the development is proposed to be an industrial development,it is not subject to the qualified open space requirements of UDC 11-3G. However,the concept plan does indicate small parks on either side of the collector at the entrance of the development near where it connects to S. Black Cat Rd. Staff does believe this is a nice amenity, although the TMISAP notes that care must be taken to ensure that the programming and use of the space is not disrupted by vehicular traffic (page 3-43). O. Utilities Connection to City water and sewer services is required in accord with UDC 11-3A-21. Water and sewer are available in S. Black Cat approximately 340 feet north of the property. The applicant will be required to extend the sewer main and provide a connection for the properties across S. Black Cat to the east and south. The applicant will be required to extend the water main, stub the water line at the west property line and loop the line to the north to W. Franklin Rd. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances and the TMISAP. See Section VIII.B below for Public Works comments/conditions. P. Architecture(UDC 11-3A-19 I Architectural Standards Manual): The Architectural Standards Manual(ASM)has specific requirements for industrial developments. Building design should address scale,mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings. There should be modulation in surface plane at no less than 50 ft. intervals. Developments should consider the scale of surrounding buildings. There should be at least 2 pedestrian-scale architectural features,physical distinctions to anchor the building. There should be at least two different field materials,with at least one accent material. The Design Section of the TMISAP is intended to serve as the basic framework on any given project within the Ten Mile Interchange Area and the basis for development of future design guidelines. Guidelines include the primary facades always including entries into buildings,being faced toward the streets,and entries being located so as to provide direct access from adjacent public spaces,primary streets and activity areas. In the low-density employment and mixed employment areas, low rise buildings of 2-4 stories with shallow setbacks are recommended over much of the area(page 3-38). At least 40%of the linear dimension of the street level frontages shall be in windows or doorways, and buildings should have three separate components—base, body and top. Page 1-3 of the TMISAP contains photographs and design graphics to illustrate the architectural character desired in the Low Density and Mixed Employment Areas. Page 13 Page 53 Item#4. T 41C.0 WTI iel i Low Density Employment Mixed Employment Mixed Employment Mo*detached�v r lI 7_15!�-x_ 5 a . . . . . . . . . . . . . . . . . No more fhan 30%parfung on the FonE T5 . . . . . . . . . . . . . . ...... f to 4 stories Q Base Rods-&Topreggi R 3 ....... 20%V&Omn.Single pne i wa1 i mawnton distance=Du**og height E ......- Mixed Employment The concept elevations provided by the applicant reflect large one-story industrial buildings(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete, CMU, moderate to large setbacks from the street, and frontages with less than the 20%required windows along the streets. Primary entrances are oriented inward toward the parking lots rather than toward the street. The applicant's narrative states that due to security and visibility concerns, the light industrial use of the buildings does not support windows across the entire frontage. As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. Page 14 Page 54 Item#4. Staff notes design can be addressed during the time of the Certificate of Zoning Compliance (CZC). However, due to the proposed use it is unlikely the applicant's proposal as submitted could meet all the design requirements of TMISAP for Low Density and Mixed Employment in this area(such as variation in building height, orientation of primary frontages and massing and ground floor transparency). This proposal is for a large industrial complex with a concept plan suggesting warehousing, storage and/or distribution which would be challenging to design as the TMISAP discusses. The Planning Commission and City Council should discuss whether the I-L zone district,and the uses that would be allowed,is appropriate in this location. V. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and zoning to I-L and R-15 based on the Findings in section IX. B. The Meridian Planning&Zoning Commission heard this item on November 18,2021. At the public hearing,the Commission moved to recommend DENIAL of the subject annexation request. 1. Summary of the Commission public hearin& a. In favor: Deb Nelson,Mark Bottles b. In opposition:None C. Commenting: Deb Nelson and Mark Bottles d. Written testimony: Jim and Julie Olsen e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Traffic Impacts b. One citizen stated that many of the projected traffic improvements in this area are being removed due to lack of funding. 3. Key issue(s)of discussion by Commission: a. Asked applicant why I-L zoning was being requested and why M-E would not work. b. One Commissioner commented that although this was designated as employment center, jobs create more traffic. c. Commission voiced concern that the 0.96-acre parcel being annexed was only part of this proposal to make it eligible for annexation. d. Mentioned there is a lack of infrastructure,traffic was already an issue and this proposal seemed premature. 4. Commission change(s)to Staff recommendation: a. None Page 15 Page 55 Item#4. VI. EXHIBITS A. Proposed Concept Plan(date: 10/14/2021) (NOT APPROVED) L4 ... • r�'„� i' �a� c gin'-I �r. _ r _ -j --1 . -4u - - k tG»NJ �. 0 r^ — � _ V.. ik 1 �� �.i� . �_ ; >��- — - w ;.; I.J. ,j � L.`• , is - • t AL Page 16 Page 56 Item#4. B. Axonometric Views(date: 10/14/2021) i M1 �f l �y d Page 17 Page 57 Item#4. C. Building Elevations(date: 10/14/2021) _ r I J F Page 18 Page 58 Item#4. D. Building Heights Graphic (date 10/14/201) DOUBLE LOADED BLUGS REAR LOADED SLOGS FLEX BLUGS 40-48'TALL 38-42'TALL 263O'7ALL 75'........................................................... ................................. ............... ... ................ ..................................................� F 60.............................................................................................. ....................... ............................................................ . .. 2 Medium High Density Mx Uw Hign Densiq L Black Cat Business Park Resider j CmToWW Resideriai Page 19 Page 59 Item#4. E. Annexation Legal Descriptions and Exhibit Maps September 10,2021 Project No.121102 EXHIBIT A BLACK CAT ROAD-CHESTER PARCEL ANNEXATION DESCRIPTION A parcel of land located in the East Half of Section 16,Township 3 North,Range 1 West, Boise Meridian, Ada County,Idaho, being mare particularly described as#allows: Commencing at the Section Corner common to Sections 9,10,15 and 16 of said Township 3 North,Range 1 West,(from which point the{North One Quarter Corner of said Section 16 bears North 89"24'22"West, 2 64 1.42 feet distant); Thence from said Section Corner,South 00'43' 09'' West,a distance of 1328.57 feet on the East line of said Section 16 to the North 1/16th Cornercommon to said Sections 15 and 16,said point being the POINT OF BEGINNING; Thence South 00"43' 09"West,a distance of 1328.69 feet on the East line of said Section 16 to the East One Quarter Corner of said Section 16; Thence South 00"43'07"West,a distance of 1014.37 feet on the East line of said Section 16 to a paint on the centerline of Interstate 1-84; Thence North 80'32'51"West,a distance of 2659.94 feet on the centerline of Interstate 1-84 to a point on the north-south mid-section line of said Section16; Thence North 00` 29' 23" East, a distance of 606.72 feet on the north-south mid-section line of said Section 16 to the Centel Quarter Corner of Section 16; Thence North 00"29'04"East, a distance of 1327.72 feet on the north-south mid-section line of said Section 16 to the Center-North 1f16th Corner of said Section 16; Thence South 99" 23' 16" East, a distance of 2635.98 feet on the east-west 1/16th line of the Northwest Quarter of said Section 16 to the POINT OF BEGINNING. The above described parcel contains 129.21 acres more or less. PREPARED BY: F Kati° � 1V '� 1 THE LAND GROUP,INC. P. 7880 om 9-10-2021 James R.Washburn 12,WA Page 20 Page 60 Item#4. LEGAL DESCRIPT10N + ifg{.En' Page 1 of 1 LAND ,mM GROUP September 10,2021 Project No-121102 EXMIBITA BLACK CAT ROAD-CH ESTER PARCEL AttiNNEXATrON DESCRI#TrON A parcel of land located in the East Half of Section 16,Township 3 North, Range 1 West, Eoise Meridian_ Ada County, rdaho,being more particularly described as follows- Commencing at the Section Corner common to Sections 9,10, 15 and 16 of said Township 3 North, Range 1 West,(from wh ich poi nt the North One Quarter Corner of said Section 16 bears North 89"24'22"West, 2641A2 feet distant); Thence from said Section Corner,South 00°43'09" West a distance of 1328-57 feet on the East line of said Section 16 to the North III Eth Corner common to said Sections 15 and 16,said point being the POINT OF BEGIN NING; Thence South 00*43'09"West, a distance of 1328-69 feet on the East line of said Section 16 to the East One Gmafter Corner of said Section 16; Thence South W 43'07"West,a distance of 1014-37 feet on the East line of said Section 16te a point on the centerline of Interstate r 84; Thence North 80°32'51"West,a distance of 2658-94 feet on the centerline of Interstate I-84 to a poi nt on the north-south mid-secti on line of said Section16; Thence North 00° 29' 23" East, a distance of 606.72 feet on the north-south mid-section line of said Section 16 to the Ceater Quarter Corner of Section 16, Thence North CV 29'04" East,a distance of 1327-72 feet on the north-south mid-section line of said Section 16 to the Cerrter-North 1J16th Comer of said Section 16; Thence South 99D 23' 16" East, a distance of 2635-98 feet on the east-west 11 16th line of the Northwest Quarter of said Section 16 to the POINT OF B EG I FINING. Th a above described parcel contains 129-21 acres more or less- PREPARED BY- 0. •LAJ�Tp THE LAND GROUP, INC- I 9-10-2021 James R-Washburn -4p OF�pF' � . was' Page 21 Page 61 Item#4. Annexation Map `IFIFWFFRARRLM ROAD sro Zm@ °r AT Ayuisitions, LLC p ��u SiNale i n tnE F8L 1/2 m section 15 41� i R I, 3Q 98 To Np a NDrin,Range 1 WE L Ro Mend- I p- ......¢ ian[o1 unvca,yen �nriR-ee ox v_�.r=¢ �xo_A:*e¢ o ue xc 1� , A"county,bwe V- �x —'_ Ilvxvl vtmHcwe, � AY 7 I er'3sam.�Frir¢Frmm}.r � .. i. A I I I Y'lcicity Map: �T •,.....'( m Gil C�p Z. --� 129_211 ACRES aF�aan�ws+rtuw,n IE I 1 I� i fI 6 I II L a..— ------------ - THE LAN GROUP wrracm xn mrEaE� ryxm ax wscmrn.mxu�sV Fx vnm ax�,vn Page 22 Page 62 Item#4. September 10,2021 Project No.121102 EXHIBIT A BLACKCAT ROAD-MOORE PARCEL ANNEXATION DESCRIPTION A parcel of land located in the West Half of the Northwest One Quarter of Section 15,Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 9,10, 15 and 16 of said Township 3 North,Range 1 West, (from which point the West One Quarter Corner of said Section 15 bears South 00'43'09"West, 2657.26 feet distant); Thence from said Section Corner, South 00'43'09"West,a distance of 1117.31 feet on the West line of said Section 15 to the Northwest Corner of that Parcel shown on Record of Survey Number 639 of Ada County Records,said point being the POkNT OF BEGINNING; Thence South 89°16'46" East, a distance of 176.25 feet on the north line of said Record of Survey Number 639; Thence South 00°43'09"West, a distance of 263.50 feet on the east line of said Record of Survey Number 639; Thence North 75°41'51"West,a distance of 181.32 feet on the south line of said Record of Survey Num ber 639 to a point on the west line of said Section 15; Thence North 00'43'09" East, a distance of 220.92 feet on the west line of said Section 15 to the POINT OF BEGINNING. The a bone described parcel contains 0.98 acres more or less. PREPARED BY: L LA THE LAND GROUP, INC. r a 7880 9-1a-2021 James R. Washburn OF Page 23 Page 63 Item#4. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION No conditions of approval are included due to Staffs recommendation of denial. B. PUBLIC WORKS Public Works acknowledges the recommendation for denial mentioned above,and is providing site specific and general conditions in the event that an approval is granted. Site Specific Conditions of Approval: 1. Surface slopes shall not exceed 3:1 2. All drainage must be retained onsite 3. If the onsite 8" sewer lines are services,they should be decreased to 6", based off flows this should be sufficient. 4. Any 8" water or sewer main outside of right-of-way shall be covered by a City easement. 5. Sewer services shall not pass through infiltration trenches. 6. When the development connects to the east,the water pressure zone will change from I to 2 which will result in an approximately 22 psi pressure increase. Provide stubs or blind flanges to the property lines at the future road connections to both the east and west. General Conditions of Approval: 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process 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 map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point Page 24 Page 64 Item#4. connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. Record of abandonment must be provided to the City prior to signature of the final plat. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. I t. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 25 Page 65 Item#4. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org1public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ACHD https.Ilweblink.meridiancity.orglWebLinkIDocView.aspx?id=242157&dbid=0&repo=MeridionCit Y D. COMPASS https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=240474&dbid=0&repo=MeridianC i &cr—1 Page 26 Page 66 Item#4. VIII. FINDINGS Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed development is not consistent with the TMISAP designations of Low Density and Mixed Employment which are intended to provide a variety of flexible sites for professional offices, small, local or start-up businesses, as well as sites for large national or regional enterprises.Although the I-L zoning district does allow some of these uses, it also allows uses which provide a low number of primary employment and could also allow uses contrary to the Plan in this area including warehousing, distribution and outdoor storage. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the proposed map amendment to I-L and the proposed industrial use generally complies with the purpose statement of the industrial area, but the type of industrial uses proposed for this area are not supported in this area by the TMISAP. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; This application proposes to annex 129.21 acres of property designated as an employment center with the I-L zoning district to allow a "modern industrial business"center with a concept plan that resembles a warehousing and distribution uses. The potential for loss of significant employment generating uses, use and design contrary to the TMISAP, and the potential significant traffic impacts on the existing road network which have yet to be analyzed, could be materially 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. The application proposes to annex and zone an area to I-L whereas M-E zoning would be more consistent with the Plan. The applicant also proposes to annex a 0.98-acre lot with the R-1 S zoning district to achieve the contiguity to be eligible for annexation. There is the potential for significant loss of high employment generating activity, monotonous architecture, and building mass and street design which is not consistent with the TMISAP. In addition, the traffic impacts of nearly 2 million square feet of new commercial on the local network have not been analyzed. The TMISAP states: "The City knows that this is one of the last remaining large, contiguous areas of highly visible, easily accessible, and developable land within the City ofMeridian's Area of Impact"and Commission does not support development of this area that is contrary to the vision of the Plan. Commission finds this annexation is not in the best interest of the City. Page 27 Page 67 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1977: An Ordinance (Lennon Pointe Community H-2021- 0071) for Annexation of a Parcel of Land Situated in the North % of the West % of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 10.41 Acres of Land From RUT to C-C (Community Business) (2.10 Acres) and R- 15 (Medium High Density Residential) (8.30 Acres) Zoning Districts in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 160 ADA COUNTY RECORDER Phil McGrane 2022-041097 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 04/27/2022 09:18 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1977 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (LENNON POINTE COMMUNITY H-2021-0071) FOR ANNEXATION OF A PARCEL OF LAND SITUATE IN THE NORTH 1/z OF THE WEST 1/Z OF GOVERNMENT LOT 4 IN SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY,IDAHO,AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 10.41 ACRES OF LAND FROM RUT TO C-C (COMMUNITY BUSINESS) (2.10 ACRES) AND R-15 (MEDIUM HIGH DENSITY RESIDENTIAL)(8.30 ACRES)ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A"are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit:Jeff Sindon. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business) and R-15 (Medium High Density Residential) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. ANNEXATION ORDINANCE—Lennon Pointe Community-H-2021-0071) Page 1 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be,and the same is hereby,dispensed with, and accordingly,this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of April 5 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 26th day of April , 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK ANNEXATION ORDINANCE—Lennon Pointe Community-H-2021-0071) Page 2 STATE OF IDAHO, ) ) ss: County of Ada ) On this 26th day of April 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION ORDINANCE—Lennon Pointe Community-H-2021-0071) Page 3 Page 163 Item#5. EXHIBIT A Fox H M H 1 LAND SURVEYS engineering Lennon Pointe Annexation Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in section 1, Township 3 North, Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South 00°01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02" East,665.57 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 18301-18303; Thence along said northerly boundary, North 88-59=03'WestT664-.76-fL-etto-westerlytine of Government Lot 4; Thence North 00°01'03"West,683.16 feet to the POINT OF BEGINNING. Containing 10.41 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge, PLS Survey Department Manager RMHA �� rf Fad cc 8575 0 9J QF �p f OF � �t qt D M () 680 S.Progress Ave.,Suite#213• Meridian, Idaho 83642•Tel:208-342-7957•Web: hmh-Ilc.com Equal Opportunity Employer Page 1 Page 165 Item#5. EXHIBIT B' W. Ustick Rd. SURVEYMAP 35136 S88043'02"E 665.57' 2Al — — — — \1 Point of Beginning ANNEXATION C—C ry a� z f- o v N 00 00 c0 C0 O O of N w R-15 0 0 0 0 664,76' N88°59'01"W �r U STE $ 8575 7 r 0 100 200 pptF Of 2 1 M Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.RMH SCALETLIW DATE:W28.2021 LENNON POINTE REZONE-ANNEXATION MTV ADA COUNTY,IDMO HMH sV.RMH sHT.111 GS02D-M 5EC.1,T.M.R.1W,B.M. enginee Page 166 Item#5. *�"j Fox HMH 1W LAND SURVEYS engineering Lennon Pointe Rezone (C-C) Community Commercial Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as follows: BEGINNING at the northwest corner of Section 1,from which the west one-quarter corner bears,South 00°01'03" East, 2699.19 feet,thence along the northerly line of Government Lot 4,South 88'43'02" East, 356.54 feet; Thence South 01°16'58"West, 255.14 feet; Thence South 89°58'57"West, 350.66 feet to westerly line of Government Lot 4; Thence North 00°01'03"West, 263.17 feet to the POINT OF BEGINNING. Containing 2.10 acres,more or less END OF DESCRIPTION Prepared by: Ronald M.Hodge, PLS Survey Department Manager � SiE S 01 8575 CD toI zZ 2Q, 9Q f OF �4 N4CD M, RMH:tk 680 S.Progress Ave.,Suite#26 • Meridian, Idaho 83642 •Tel: 208-342-7957 •Web: hmh-Ilc.com Equal Opportunity Employer Page 167 Item#5. Fox HMH LAND SURVEYS engineering Lennon Pointe R-15 Rezone Legal Description A parcel of land situate in the North 112 of the West 112 of Government Lot 4 in Section 1,Township 3 North,Range 1 West,Boise Meridian, City of Meridian,Ada County,Idaho,and more particularly described as follows: COMMENCING at the northwest corner of Section 1,from which the west one-quarter corner bears, South 00*01'03"East,2699.19 feet,thence along the northerly line of Government Lot 4,South 88`43'02" East,356.54 feet to the POINT OF BEGINNING; Thence continuing along the northerly line of Government Lot 4,South 88°43'02"East,309.03 feet; Thence along the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488,South 00°02'45"West,680.06 feet to the northerly boundary of the Creason Creek Subdivision No.2 recorded in Book 119 of Plats at Pages 18301-18303; Thence along said northerly boundary, North 88°59'01"West,664.76 feet to westerly line of Government Lot 4; Thence along said westerly line,North 00°01'03"West,420.00 feet; Thence North 89`58'57" East,350.66 feet; Thence North 01°16'58"East,255.14 feet to the POINT OF BEGINNING. Containing 8.30 acres,more or less END OF DESCRIPTION P L 0 Prepared by: \ST A Ronald M. Hodge,PLS Survey Department Manager a 857 09.zz.-z+10 P� 9Tf OF RMH3k yA�0 4 680 S.Progress Ave.,Suite#2B• Meridian,Idaho 83642•Tel:208-342-7957•Web: hmh-llc.com Equal Opportunity Employer Page 168 CERTIFICATION OF SUMMARY : William L. M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . jj/ William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 224977 An Ordinance (Lennon Pointe Subdivision 11-2021 -0071 ) for annexation of a parcel of land situate in the North V2 of the West V2 of Government Lot 4 in Section 1 , Township 3 North, Range 1 West, Ada County, Idaho ; establishing and determining the land use zoning classification of 10 .41 acres of land from RUT to C-C (Community Business) (2 . 10 acres) and R- 15 (Medium High Density Residential) (8 . 30 acres) Zoning Districts in the Meridian City Code ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B . ] ANNEXATION ORDINANCE — Lennon Pointe Community- 11-2021 -0071 ) Page 4 Item#5. EXHIBIT 9' W. Ustick Rd. SURVEYMAP 35,136 S88043'02"F 665.57' 2 Al — — — — \1 Point of Beginning ANNEXATION C—C rz a� J Z (y) O N OD oQ CO (D CD � O of co ih 0 0 a 4 O 664.76' N88°59'01"W Tg � 5 F l a 8575 0 /I\ C 2Zzfo r 0 100 200 �0 9rF Of ��<v -4�� �O Z 1 M Scale in Feet NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.RINH SCALE:1 AW DAM M&Ml LENNON POINTE REZONE-ANNEXATION HMH MnK ADA COUNTY,IDAHO SVRMH ECA,T.3N,RAW,B.M. ���� SRT.111 �S02D.Ms S Lennon Pointe Community H-2021-0071 Page 169