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2022-05-24 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 24, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Joe Borton PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 1. Public Works: Fiscal Year 2022 Budget Amendment in The Amount of $829,410.00 to Fund Water Main Extension Projects Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 2. Public Works: Fiscal Year 2022 Budget Amendment in the Amount Of $393,317.00 for Well 26 Filter Equipment Contract Award Approved Motion made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun ACTION ITEMS 3. Request for Reconsideration of Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels S0434223150, S0434212970, S0434212965, and S0434212920. Denied Motion to deny request made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 4. Public Hearing for Timberline North (Timberline Sub. No. 2) (H-2022-0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd. Approved A. Request: Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision (H-2017-0140, DA# 114007668) that has since expired. Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun 5. Public Hearing for Records Apartments Council Review (CR-2022-0004) by Brighton Development, Inc., Located at the northeast corner of N. Records Way and E. Fairview Ave. Approved A. Request: City Council Review of the Planning and Zoning Commission's decision on H-2022-0008 pertaining to the UDC requirement for access to be taken from a local street when available, unless otherwise waived by City Council, to allow an access via N. Records Way Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun ORDINANCES \[Action Item\] 6. Ordinance No. 22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Situated in a Portion of the Southeast ¼ of the Northwest ¼, Northeast ¼ of the Southwest ¼ and the Northwest ¼ of the Southeast ¼ of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 7.06 Acres From the C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District; 17.38 Acres From the C-C (Community Business) and H-E (High-Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District; 40.33 Acres From the R- 40 (High-Density Residential), C-C (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 Acres From the H-E (High-Density Employment) to the C- C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 6:39 pm Item#4. Meridian City Council May 24, 2022. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, May 24, 2022, by Mayor Robert Simison. Members Present: Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Chris Johnson, Bill Nary, Joe Dodson, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener _X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is May 24th, 2022. It's 6:05 p.m. We will begin this evening's regular City Council agenda 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: Next up will be our community invocation, which will be delivered by Pastor Troy Drake. If you would all, please, join us in the invocation or take this as a moment of silence and reflection. Pastor. Drake: Mr. Mayor, Council Members. Will you pray with me? Lord God, we just thank you for this glorious day here in southern Idaho. It's so beautiful. We appreciate that. Your creation is so awesome and reminds us of how good you are, Lord, and -- and we do thank you for your goodness here in the United States and, of course, here where we live in Idaho and in this great City of Meridian. Thank you for the freedom that we have here and -- and -- and, of course, everything that happens in this building. We appreciate, Lord, all the --the city workers and planners, all those who make decisions and contribute to the goodness that we have here and --and, of course, we are asking for a -- a protection for those who protect us, the first responders, Lord, and -- and, of course, for all the Page 84 Meridian City Council Item#4. May 24,2022 Page 2 of 16 citizens. We appreciate what we have here. We just pray for peace in our city, that all of us could get along even if we disagree strongly on things, that you would help us to love one another and -- and, finally, God, last, but not least, I just like to pray for this meeting and these fine people who you have -- you know, that we have -- that represent us and our government and -- and so we just pray for them and ask that you give them a lot of wisdom and grace as they make decisions and we pray all these things in your name, Lord. Amen. Thank you. ADOPTION OF AGENDA Simison: Thank you. Next item is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Bernt: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. DEPARTMENT / COMMISSION REPORTS [Action Item] 1. Public Works: Fiscal Year 2022 Budget Amendment in The Amount of $829,410.00 to Fund Water Main Extension Projects Simison: Okay. Then with that we will move on to Item 1 under Department/ Commissioner Reports, which is Public Works fiscal year '22 -- 2022 budget amendment in the amount of 829,410 dollars and turn this over to Mr. Radek. Radek: Mr. Mayor, Council Members, this item is a budget amendment in the amount of 393,317 dollars for Well 26 filter equipment -- Simison: First one on the agenda is the 829. Page 85 Meridian City Council Item#4. May 24,2022 Page 3 of 16 Radek: Sorry. This is not for the filter equipment. Thank you. Mr. Mayor, Council Members, this budget amendment is for 829,410 dollars for water main extensions. I wanted to start on the other one, because it was simpler. This one has --this one has got two parts to it. One is the project itself, a bit higher than our engineer's estimate. That's a pretty standard common story these days. But the second part of this one is that it -- it was not in our budget request last year, because we didn't find out the need for this project until right about July, August last year when the Transportation Department told us that they were going full bore on State Highway 16. So, we were unable to put that in. Without this project our budget requests are working out pretty good with 13 other active projects and committing all but 128,000 of -- of a million plus dollars. So, we were doing pretty good there. But -- but this one -- this one was extra and so we knew we were going to have to get a budget amendment for it regardless. This is a project to -- to put casings on the water mains that are going -- that are crossing the future State Highway 16. Very prudent to do that, so that there is no chance of water mains breaking and undermining the roadway in the future. So, that's the reason for the project and the reason for the amendment. So, with that I will stand for questions. We are asking to approve a budget amendment to fund water main extensions projects in the amount of 829,410 dollars and to authorize the Mayor to sign the amendment. Simison: Thank you, Kyle. Council, questions? Or a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Public Works request for fiscal year 2022 budget amendment in the amount of 829,410 dollars to fund the water main extension projects. Strader: Second. Simison: I have a motion and a second to approve Item 1 in the amount of 821,410 dollars. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 2. Public Works: Fiscal Year 2022 Budget Amendment in the Amount Of $393,317.00 for Well 26 Filter Equipment Contract Award Simison: Next item on the agenda is Item 2, which is Public Works fiscal year 2022 budget amendment in the amount of 393,317 dollars. Mr. Radek. Page 86 Meridian City Council Item#4. May 24,2022 Page 4 of 16 Radek: Mr. Mayor, Council Members, as the Mayor said, budget amendment for FY-22. This is for Well 26 filter equipment contract. Like the other projects that we have been in front of you this year to ask for additional funds on, the --the filter equipment bid out quite a bit higher than we had anticipated. We -- we think that the -- the budget amount asked for was -- was pretty good. The last -- the last filter we did, which was very similar to this filter, the equipment cost right around 600,000 dollars and the costs have been pretty level for the filter equipment for the last few years compared to other costs and it was just about time for them to get hit and I think it happened even faster than the supplier was realizing it would, because they are actually asking for extra money on the current filter equipment procurement contracts, that they won't be able to get, so -- so it's stuck on them -- up on them as well. So, with that I would stand for any questions and, again, we are asking for approval for the Well 26 filter equipment budget amendment for 393,317 dollars and to authorize the Mayor to sign. Simison: Thank you. Council, any questions for staff? If not, a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Public Works request for fiscal year 2022 budget amendment in the amount of 393,373 dollars for Well 26 filter equipment contract award. Johnson: Mr. Mayor, I apologize. Jessica, can you -- Council Woman Perreault, can you restate the number? I think you read something different than the amount. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: The amount in the motion is 393,317 dollars. Strader: Second. Simison: I have a motion and a second to approve Item 2, budget amendment in the amount of 393,317 dollars. Is there any discussion? If not, clerk will Call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Radek: Thank you. Page 87 Meridian City Council Item#4. May 24,2022 Page 5 of — ACTION ITEMS 3. Request for Reconsideration of Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels S0434223150, S0434212970, S0434212965, and S0434212920. Simison: Thank you, Mr. Radek. So, Council, next item on the agenda is Item 3, which is a request for reconsideration of the Findings of Fact, Conclusions of Law for Jamestown Ranch Subdivision, H-2021-0074. Mr. Nary, will you be speaking on this item? Nary: Just very briefly, Mr. Mayor. Mr. Mayor, Members of the Council, so what's before you is a request for reconsideration of Jamestown Ranch. There is a prior decision of a denial by the City Council for an annexation and a preliminary plat. There was a request filed by the applicant's counsel. That is properly filed. It did properly meet the ordinance requirements for a request. So, it is properly before you. But as with all of these it's not a hearing, it's not an opportunity for testimony, it's simply review of the record and review of the decision and the findings that were made and so, then, the next step is for the Council to make a decision on whether to either grant the request for reconsideration and hold a new hearing at a future date or whether to deny the request for reconsideration and allow the item to move forward to whatever the next step would be. But it's really those two decision points. Or -- or I guess the third would be to amend the decision in some fashion as well. But this was asking for a remand essentially back for a new hearing. Simison: Thank you. Council -- Council, any questions for Mr. Nary? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, after reviewing the request for reconsideration from the applicant for Jamestown Ranch, I have reviewed the decision, the findings, and the minutes of the original denial and I did not find any error that would cause me to -- to reconsider and remand this decision. Therefore, I move to deny the request for reconsideration. Bernt: Second. Simison: I have a motion and a second to deny the request for reconsideration. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 88 Meridian City Council Item#4. May 24,2022 Page 6 of 16 Cavener: Mr. Mayor, just I think for the record -- I'm sure Council is aware, I -- I was absent at that particular meeting, but I did have the opportunity to review the minutes and the decision and I agree with Council Member Hoaglun's motion tonight, as well as the night in question. Simison: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I echo Councilman Cavener's comments. I'm in the same situation and have also reviewed and also believe that the Council's decision was sound. Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with my fellow Council Members in -- in addition to listed in the findings we had discussion about the way that roads were lining up on the McMillan side and that was a significant concern for us and I -- I didn't see anything in the project folder that showed that there were changes that lined up with what we had stated in our comments. So, I agree with the motion. Simison: Well, I have a motion and a second. If there is no further discussion, ask the Clerk to call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes and the motion to request for consideration is not approved. It was approved by ayes that we are not going to request -- approve the reconsideration. MOTION CARRIED: FIVE AYES. ONE ABSENT. 4. Public Hearing for Timberline North (Timberline Sub. No. 2) (H-2022- 0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd. A. Request: Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision (H-2017-0140, DA# 114007668) that has Page 89 Meridian City Council Item#4. May 24,2022 Page 7 of 16 since expired. Simison: Next item on the agenda is Item 4, a public hearing for Timberline North Sub #2, H-2022-0024. I will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor, Members of the Council. The application before you tonight is for a combined preliminary and final plat for Timberline North. The site consists of 9.8 acres of land. It's already zoned R-8. Located at -- there is two existing parcels. 655 and 735 West Victory. It's basically at the south terminus of Stoddard Road, about a half mile west of Meridian Road on Victory. It was annexed in 2013, but platted in 2017 under the Timberline Subdivision. The approved preliminary plat was completed in two phases. Phase One consists of 24 single family residential building lots and has recorded and is fully constructed with homes, open space, et cetera. Phase two received final part approval for 33 single family residential lots and four common lots in March of 2020 and was set to expire May 1st of 2021. Due to unfortunate timing and circumstances Timberline #2 did not receive city -- the city engineer's signature by the deadline and so -- and no time extension was submitted in accord with UDC standards. Therefore, phase two final plat expired, which subsequently made the original preliminary plat expire. The applicant is required to replat the phase two area in order to record phase two of this final plat. Currently phase two development is constructed per the previous approvals, including the open space, fencing, utility, sidewalks and the roads. Everything is in. Because all the subdivision improvements are constructed, the applicant has submitted the previously approved final plat documents from the previous application and an alternative compliance application to allow the existing open space approved with the original submittal to remain as it is without requiring the plat to comply with the current open space and amenity standards that were changed in October of last year. Due to the unique circumstances behind the expiration of the plat and the fact that the improvements are already complete and in place, staff believes that additional open space and amenities are not needed and has subsequently, through the director and staff, has approved the alternative compliance request. At the Commission hearing on May 5th there was minimal discussion of the Commission, but it was basically regarding this alternative compliance request and the open space. There was only one piece of written testimony. There was none additional. They had issues with rezoning the property from R-4 to R-8, which is not part of the application, so it's been R-8 since 2017. Other than that there were no other changes by the Commission and there are no outstanding issues for City Council and no additional written testimony since then. So, I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Joe. Just to make sure I'm understanding correctly, the -- the preliminary and final plats haven't changed that -- we are -- we are just discussing because of the expiration and so that's -- there is -- there is not a different plat that we Page 90 Meridian City Council Item#4. May 24,2022 Page 8 of 16 need to, you know, have discussion about. That was my understanding, but I just wanted to double check. Dodson: Mr. Mayor, Council Woman Perreault, the -- yes and no. This application largely is ministerial in the sense of we are regurgitating exactly what was approved already. However, because the -- the final plat expired, it expired that previous preliminary plat. So, this is technically a new preliminary plat, but it is a copy of the previously approved plat. Perreault: Mr. Mayor, follow up. Simison: Council Woman Perreault. Perreault: So, there is the comment about the -- you know, the infrastructure is already in and so is it safe to assume that the -- that the plat and the infrastructure match, there is not infrastructure that's been -- that's been built and implemented that is opposite or different than the -- the plat that was proposed? Dodson: Council Woman Perreault, that is correct. After I had done inspection a few months ago, everything's in and ready. It just -- we missed the deadline. It's unfortunate, but, yeah, everything's in and good to go. Perreault: Thank you. Dodson: You are welcome. Simison: Council, any additional questions for staff? Okay. Would the applicant like to come forward? You can state your name and address for the record. Constantikes: Yes, sir. Thank you, Mayor. For the record Penelope Constantikes with Riley Planning Services. Post Office Box 405, Boise, Idaho. 83701. And I -- I don't want to take up time unnecessarily, so I have a real quick -- just to recap for you. Like Joe said, it's very unusual circumstances and Joe did a great job of presenting the -- the redo in a way that was very comprehensive. So, the pre-existing development agreement, just for your recollection, in 2013 required that any lots adjacent to Kentucky Ridge be 10,000 square feet or greater and that means that the plats before you this evening are identical to the ones that were previously approved. Just for the amenities, we were heavily loaded on amenities with this project. We have quite a few more than we needed and -- and I would be happy to list those if you want to hear about them. Other than that I will just leave it alone. As Joe said, the subdivision is fully constructed. The sewer and water lines are in. They have been inspected and accepted by the city. Record drawings have been submitted. ACHD's accepted the roads. The ped ramps are in. Everything is done except the houses. So, with that, if there is any questions I would be happy to visit with you. Simison: Thank you. Council, any questions for the applicant? All right. Page 91 Meridian City Council Item#4. May 24,2022 Page 9 of 16 Constantikes: Thank you. Simison: Thank you. This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we had one sign in, but they didn't mark they wanted to testify. Simison: You want to read their name in case -- see if they would like to? Johnson: Absolutely. Sandy Smith. Simison: If you would like to provide testimony -- if you would like to come forward at this time. We see no. If there is anybody in the audience that would like to provide testimony -- and I will say online as well, but the two online I don't think would normally provide testimony. So, now would be the time to come forward or use the raise your hand feature. Seeing no one wish to testify, does the applicant waive any final comments? The applicant waives final comments. So, Council, to you for disposition. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for File No. H-2022-0024. Strader: Second. Simison: I have a motion and a second to close the public hearing for H-2022-0024. 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: FIVE AYES. ONE ABSENT. Simison: Council Woman Perreault. Perreault: I think this is pretty straightforward, so I will go ahead and make a motion. After considering all staff, applicant, and public testimony, I move to approve File No. H- 2022-0024 as presented in the staff report for the hearing date of May 24th, 2022. Strader: Second. Simison: I have a motion and a second to approve H-2022-0024. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Page 92 Meridian City Council Item#4. May 24,2022 Page 10 of 16 Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Public Hearing for Records Apartments Council Review (CR-2022- 0004) by Brighton Development, Inc., Located at the northeast corner of N. Records Way and E. Fairview Ave. A. Request: City Council Review of the Planning and Zoning Commission's decision on H-2022-0008 pertaining to the UDC requirement for access to be taken from a local street when available, unless otherwise waived by City Council, to allow an access via N. Records Way Simison: Next item up is Item 5, a public hearing for Records Apartments Council Review, CR-2022-0004. Open this public hearing with staff comments. Johnson: Mr. Mayor, there are no staff comments, unless Mr. Nary had something. Simison: Okay. Nary: Mr. Mayor -- turn my camera on. Mr. Mayor, Members of the Council, again, the only comment I would have is -- is what's in front of you simply is a request that's required by code in regards to the access onto arterial -- or a collector road and the -- this is not the underlying project, this is just this one provision that's required by Council. So, just to narrow the focus of where we are at. Simison: Council, any questions for Mr. Nary? Okay. Would the applicant to come forward? Wardle: Mr. Mayor, Members of the Council, thank you for just a brief moment to kind of refresh -- I believe you have all of the information in front of you, but, in reality, we are simply coming, as Mr. Nary noted, to accomplish a thing that's required by the UDC. The Planning and Zoning Commission did approve the project in April and the one provision, because of Records being a collector roadway, it does necessitate Council approval to waive a requirement that all access be provided from a local street. So, specifically the -- the point is the right-in, right-out access off Records, which is provided via a right turn lane element coming into the site. In reality the access -- primary access for residents when they are in this facility will be from a local street Elden Gray via a service drive on the east side of the site that serves both that and CarMax and you can see from the graphic that if somebody comes in from the west, which we deemed the front door and that front door really provides access to the management, marketing, and recreation complex between the two structures, but circulation, then, for the folks coming to and from is primarily from the east side of the facility up to Elden Gray. Now, they certainly can circulate to Records and use the right-in, right-out access provided there. The Fire Department staff report of February 8th stated this project meets all access, road widths, Page 93 Meridian City Council Item#4. May 24,2022 Page 11 of 16 and turnabouts as presented. Any changes to the concept provided and approved by the Planning and Zoning Commission would require additional Fire Department review and approval. Also the interesting thing from a technical perspective is the requirement for a fire apparatus access and the code states that the access roads will be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served. I'm not smart enough to figure all of that out, so we talked with Mr. Bongiorno, as well as Mr. Walsh, just to be certain that we understood exactly how that works and Mr. Bongiorno is here and he can -- he can correct me if we have interpreted that incorrectly, but it appears that from a functional perspective access really cannot be provided -- well, certainly not from Fairview Avenue. There is not going to be any access provided there. And, then, the access to Elden Gray in addition to those from that service drive on the east side would coincide -- really with the access into the park and just coming out of the gore of the roundabout. So, in reality, the access from Records is important. I believe it meets the Fire Department's requirements and it does, in fact, provide the access to comply with the Fire Department's access standards and on that basis we respectfully request that the Council approve that access and waive the requirements of UDC 11 .3A.3A.1 as noted. Be happy to answer any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Nice to see you, Mr. Wardle. The right turn lane headed north, how long will that be and how many vehicles will it accommodate? Wardle: I don't know exactly. Obviously, it's not intended for traffic to stack up there, but it -- it pulls out -- and maybe my technical assistance would have the ability to determine. But -- good question. Jonathan, do you know? J.Wardle: Mr. Mayor, for the record my name is Jon Wardle. 2929 West Navigator Drive, Meridian, Idaho. 83642. Mr. Mayor, Council Member Perreault, the access there -- we worked with ACHD to come up with the design, so it --- it would operate properly. The total stacking is -- I think clear is 80 feet. I think the whole corridor is about 120 feet. So, the important part of that was it allowed cars that we are going to go into the project to get out of that straight northbound lane. So, we worked with them on that and came up with a design that would work. Perreault: Mr., Mayor follow up. Simison: Council Woman Perreault. Perreault: Does that match -- I know it's ACHD requirements, but does that match the anticipated amount of vehicles coming in at any given time into the project from -- from your analysis? Page 94 Meridian City Council Item#4. May 24,2022 Page -VI 16 J.Wardle: Mr. Mayor, Council Member Perreault, I will say that we did talk with ACHD about this issue a lot and wanted to ensure that we had the right design to get the cars in and out. So, I can't tell you specifically the peak hour traffic that would come, but, yes, they felt that this would work and create -- or would eliminate the backup that would go out to Fairview. Perreault: Thank you. Wardle: Jonathan, go back one slide. I would just note, though, that, again, the circulation -- they can get from that front access from Records to the back, but if you were coming home or leaving the project it would be from the east side, because that's the only place that the units can be -- well -- they -- yeah. The -- the garage underneath the structures actually have access from the back. Only from the back. So, they really cannot get into their parking spaces unless they are at the east side. I apologize if that wasn't clear. This -- does the next slide show that, Jonathan? Yes. You can see the little arrows at the back in the structures themselves, that is the access to and from the podium parking. And I apologize, Mr. Mayor, it just dawned on me that this must be my first time in front of the Council forever, because I did not identify myself. Mike Wardle. Brighton Corporation. 2929 West Navigator, Meridian. 83642. Simison: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If you didn't have a voice like Walter Cronkite you probably -- we probably -- we probably would have needed it, but I think we are good. Wardle: Thank you. Simison: Council, any additional questions for the applicant? Wardle: Thank you. Simison: Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. If there is anybody present who would like to provide testimony on this item now would be your opportunity to come forward or if you are online and would like to provide testimony you can use the raise your hand feature. Seeing no one, would the applicant like to waive any final comments? Okay. Hoaglun: Mr. Mayor? Page 95 Meridian City Council Item#4. May 24,2022 Page 13 of 16 Simison: Councilman Hoaglun. Hoaglun: Just wouldn't mind hearing from Chief Bongiorno. I think it looks like it was a lot of -- a very technical slide and I think I understood it about as well as Mr. Wardle and it looks like that access point isn't necessary. Bongiorno: No. Mr. Mayor, Councilman Hoaglun, the -- the access is required. For the amount of units that they have that they are building they have to have two separate access points and they have to be that half the diagonal apart. So, the -- the one on Records and the other one on Elden Gray are -- are far enough a point that -- far enough apart that they meet the -- the code. So, it's definitely a need. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a reminder that I should have paid closer attention in high school geometry class, but I understand -- thank you, chief. Simison: Council, any further dialogue or motions to close the public hearing? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: After considering all staff, applicant, and public testimony, I move that we waive the requirement to remove the access driveway via North Records Way as referenced in the Findings of Fact and Conclusions of Law No. 84K1X, I believe. I will have to take a look at that. In file number CR-2022-0004. Hoaglun: Second the motion. Page 96 Meridian City Council Item#4. May 24,2022 Page 14 of 16 Simison: I have a motion and a second. Is there any discussion? Okay. Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and have a good evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 6. Ordinance No. 22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Situated in a Portion of the Southeast 1/4 of the Northwest '/4, Northeast '/a of the Southwest'/4 and the Northwest '/4 of the Southeast '/4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 7.06 Acres From the C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District; 17.38 Acres From the C-C (Community Business) and H-E (High- Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District; 40.33 Acres From the R40 (High-Density Residential), C-C (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 Acres From the H-E (High-Density Employment) to the CC (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Last item on the agenda is Ordinance No. 22-1979. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2021-0081, Vanguard Village Subdivision, for rezone of a parcel of land situated in a portion of the Southeast '/4 of the Northwest '/4, Northeast '/4 of the Southwest '/4 and the Northwest '/4 of the Southeast '/4 of section 15, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 7.06 acres from the C-C (Community Business) Zoning District to the H- E (High-Density Employment) Zoning District; 17.38 acres from the C-C (Community Business) and H-E (High-Density Employment) Zoning District to the M-E (Mixed Employment) Zoning District; 40.33 acres from the R-40 (High-Density Residential), C-C Page 97 Meridian City Council Item#4. May 24,2022 Page 1 of 16 (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 acres from the H-E (High- Density Employment) to the C-C (Community Business) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. You have heard this Ordinance read by title. Is there anybody present who would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 22-1979, an ordinance regarding file H-2021-0081, Vanguard Village Subdivision. Strader: Second. Perreault: With the suspension of rules. Strader: Second agrees. Simison: Have a motion and a second to approve the item under suspension of the rules. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would like to just -- I would not like to let today go by without acknowledging the tragedy that happened in Texas today and our hearts go out to the parents that are living everyone's worst nightmare. I would like to encourage our legislature to consider finding ways to still uphold the Second Amendment while supporting common sense gun Page 98 Meridian City Council Item#4. May 24,2022 Page 16 of 16 reform and I would like -- our city is very limited in what we can do on that front, but I would love for us to increase the presence of the Meridian Police Department at our elementary schools, try to find ways to resource that further going forward. Thank you. Simison: Thank you. Thank you for those comments. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 6-7-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 99 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 : May 24, 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 II i 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Works: Fiscal Year 2022 Budget Amendment in The Amount of $829,410.00 to Fund Water Main Extension Projects Page 4 X W N g N I` m LO c a) E m z z N c N O ¢ t a'Ji a� o ❑ ❑ C ^ N o A v �o N ~ N N N m 0 0 N 00 `� El El C.0 Lh O LO " c v � � w fF_I� o 0 0 V a o E 0n o �° v° O a v ut m to a a, N ¢ "o f� C -6 W v y c -m Q 9' c w p u W x a) a) LL O O) y E E a O W (D v o N C_ z z Y z m L m 'O a+ p ^( I cr N L y Y C C 'c — LL (D O W aj E E c } LL. a o, 3 E E m W = V = y O. CL FO \ C N a o o o u c(n11 v� W U p N c O £ v O --.)tw C 3 N W VJ p p, v _ � > a a)E a = a a nn 3 U O � -6 m N C Q U Q u ~ in 0) O w V4 N MO O Z CN N N C N F 0) 00 00 F x O -a LL a N v 0 o C c� O '_ > 0 > c o a. p .L > N L l m N a o E C .o v u ;; o •m 0 0 0 o O FC .LD- Q � n a n c ~ n x u 3 E V O u a) u +"� LL a) N O V - a) (p a) W a) H U 0 o vQ 0 0 0 0 a E E v > a f- a = xx \ to V7 Y Q \ \ N \ a3 > ' V �y�j O E fa LL O � LL LL W 1t 1t �k Sk O 0 0 0 0 O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 p 0 0 0 0 0 0 O 0 0 0 O O O O E 6l o LL C 4+ a) *t 0 0 0 0 N N N N V N E vvvv \ \l7 .� a a a a (D 0) a E � H Q O m 4-1 y 0 0 0 0 0 0 0 0 �" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4. 0 0 0 y m }, Q m m m m m m m m Q m m m m m m m m W , No } LL o O O a�i -O N SL 4 d SL (� XL tt Qi a) 0l0 0l0 0l0 0l0 y ID00IDIDIDIDIDIDID 000000N 0 l0 l0 ; l0 O LL �I LL LL a) LL O Y Item#1. 9:26AM City of Meridian FY2022 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2022 2023 2024 2025 2026 Title: Waterline Extension Projects Personnel $ $ $ $ $ In ttionsr rSub—its ing Svdgel Amen rl e,Ls Operating $ $ $ $ $ > Department will send Amendment wRh Directors signature to Finence(Budget Analyst)Far review Capital $ 829,410 i Finance will send Amendment to Council Ualmn for signature Total $ - $ 829,410 $ $ $ $ i Cauncfl Liaison will send slgned Amendment to Mayor Total Estimated Project Cost: $ 829,410 , Mayor will send signed Amendmentto Finance{Budget Anaiystl Evaluation Questions 7 Finance(Budget Analyst)will send approved aMpy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. 7 DegartrmntwAB add copynf Amendment to Cvundl Agenda using tdorus Agenda Manager 1. Describe what is being requested? $829,410 is being requested to fund the State Highway 16-Chinden to Ustick Water Main Improvements project and 14 other active projects. 2. Why was this budget request not submitted during the current fiscal year budget cycle? the need for additional funding to construct water main extension improvements associated with the ITD State Highway project was not known at the time budgets were requested for FY 22. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? The State Highway 16-Chinden to Ustick Water Main Improvements project must be constructed prior to or with the ITD project. The ITD project will begin construction this ` -!mmer. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Enterprise fund. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No LNo 8.Is the amendment going to result in the disposal of an asset?(Yes or No) Lo 9.Any additional comments? Total Amendment Request $ 829,410 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 6 City of Meridian FY2022 Budget Amendment Form H:\Administrative Records(RR-Until Need Ends)\Budget and Purchasing\FY2022\Budget Amendments\FY 22 Budget Amendment Water Mn Ext-Final Item#1. Mayor Robert Simison E IDIANk-%� City Council Members Joe Borton Treg Bernt Public Works 1 D A IH L Brad Hoaglun Luke Cavener Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: May 16,2022 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $829,410 TO FUND WATER MAIN EXTENSION PROJECTS REQUESTED COUNCIL DATE: May 24th, 2022 1. RECOMMENDED ACTION A. Move to: 1. Approve a Budget Amendment to fund Water Main Extension Projects 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background City Council approved an FY22 budget of$620,000 for Water Main Extensions along with$404,772.20 of Carry Forward funds to total$1,024,772.20. The FY22 Water Main Extension portfolio includes 14 projects. 13 of the 14 projects are being executed in conjunction with ACHD or ITD and cannot be delayed. Funding needed to execute all of the projects exceeds the current available budget. Page 7 Page I of 3 Item#1. B. Reason for Amendment In addition to City planned water main extensions, each year Public Works estimates and requests budget needed in order to make adjustments and improvements in conjunction with ACHD and ITD road projects. Information on the scope of these projects and what water improvements may cost is not always complete at the time of budget. Originally in FY22, 14 projects were planned in the water main extensions budget. The need for construction funding for improvements related to ITDs SH-16- Chinden to Ustick project was unknown at the time of budget request. The proposed alignment of SH-16 crosses over three of the City's water lines. It is the City's current standard to encase water lines that go under major roadways (interstates, highways, Eagle Rd, Meridian Rd, etc) to help prevent catastrophic failures. In the event that a water main was to burst under these major roadways/intersections, the casing would help prevent major, catastrophic roadway failure. The cost of putting in these casings before SH-16 is constructed will be significantly less than trying to install the casing via boring after the fact. ITD has agreed to a 30% cost share for this project. In order to fund this project, and all the others listed below, more funding is needed. IV. IMPACT Proiect Cost The table below shows current commitments against the FY22 budget for all Water Main Extension projects,the FY22 budget remaining and the budget needed to complete the new SH-16 project: FY22 Funds Project Committed ACHD FY 22-Residential Capital Maintenance $23,898.00 ACHD Meridian Road,Cherry Lane to Ustick Utility hn rovements $22,054.15 ACHD,Eagle Road-Amity to Lake Hazel $25,000.00 ACHD,Eagle Road,Amity to Victory,Water and Sewer hn rovements 128,777.63 ACHD,FY21 Residential Capital Maintenance $45,000.00 ACHD,hntersection-Ustick Rd.and Black Cat Rd.hiterim Si al $15,000.00 ACHD,hntersection Lake Hazel and Eagle $13,531.20 ACHD,Locust Grove Road-Overland to Victory $13,489.00 ACHD,Ten Mile and Amity Intersection $24,722.66 ACHD,Ten Mile Road-Overland to Victory $493,671.20 ACHD,Ten Mile,McMillan to Chinden,Water and Sewer Improvements $8,178.00 Franklin Road hiterconnect with Suez $7,594.68 ITD,Chinden Blvd-Locust Grove to Linder $57,583.00 Page 8 Page 2 o f 3 Item#1. ITD,SH16-Chinden to Ustick Utility hn rovements $18,256.00 Total Current FY 22 Commitments $896,755.52 FY22 Budget with Carr forward $1,024,772.20 FY22 Current Commitments $896,755.52 FY22 Remaining Uncommitted $128,016.68 SH-16 Project Contract Amount+5% Contingency $957,426.00 Current Budget Shortfall $829,410.00 A. Strategic Impact: These projects meet our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery pact: These projects will maintain level of service to customers by adjusting existing water infrastructure /installing new infrastructure such as water mains, hydrants, services, and valve boxes as needed for projects. C. Fiscal Impacts The current Enterprise Fund balance can support the additional funding required. V. TIME CONSTRAINTS These projects are currently planned for FY22. Some are already in construction. Approving this budget amendment now will allow the City to complete these projects according to the agreements that have been made with ACHD and ITD. Approved for Council Agenda: Date Page 9 Page 3 o f 3 Item#1. Mayor Robert Simison IDIANI---"'*-� City Council Members Joe Borton WE, Treg Bernt Public Works I D A H 0 Brad Hoaglun Luke Cavener Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: May 16, 2022 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF$829,410 TO FUND WATER MAIN EXTENSION PROJECTS REQUESTED COUNCIL DATE: May 24th,2022 I. RECOMMENDED ACTION A. Move to: 1. Approve a Budget Amendment to fund Water Main Extension Projects 2. Authorize the Mayor to sign the amendment 11. DEPARTMENT CONTACT PERSONS Kyle Radek,Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 111. DESCRIPTION A. Background City Council approved an FY22 budget of$620,000 for Water Main Extensions along with$404,772.20 of Carry Forward funds to total$1,024,772.20. The FY22 Water Main Extension portfolio includes 14 projects. 13 of the 14 projects are being executed in conjunction with ACHD or ITD and cannot be delayed. Funding needed to execute all of the projects exceeds the current available budget. Page I of 3 Page 10 Item#1. B. Reason for Amendment In addition to City planned water main extensions, each year Public Works estimates and requests budget needed in order to make adjustments and improvements in conjunction with ACHD and ITD road projects. Information on the scope of these projects and what water improvements may cost is not always complete at the time of budget. Originally in FY22, 14 projects were planned in the water main extensions budget. The need for construction funding for improvements related to ITDs SH-16- Chinden to Ustick project was unknown at the time of budget request. The proposed alignment of SH-16 crosses over three of the City's water lines. It is the City's current standard to encase water lines that go under major roadways (interstates, highways, Eagle Rd, Meridian Rd, etc) to help prevent catastrophic failures. In the event that a water main was to burst under these major roadways/intersections, the casing would help prevent major, catastrophic roadway failure. The cost of putting in these casings before SH-16 is constructed will be significantly less than trying to install the casing via boring after the fact. ITD has agreed to a 30% cost share for this project. In order to fund this project, and all the others listed below, more funding is needed. IV. IMPACT Project Cost The table below shows current commitments against the FY22 budget for all Water Main Extension projects,the FY22 budget remaining and the budget needed to complete the new SH-16 project: FY22 Funds Project Committed ACHD FY 22-Residential Capital Maintenance $23 898.00 ACHD Meridian Road Cherry Lane to Ustick Utility Improvements $22 054.15 ACHD Eagle Road-Amity to Lake Hazel $25 000.00 ACHD Eagle Road Amity to Victory,Water and Sewer Improvements 128 777.63 ACHD FY21 Residential Capital Maintenance $45 000.00 ACHD Intersection-Ustick Rd.and Black Cat Rd.Interim Signal $15 000.00 ACHD,Intersection Lake Hazel and Eagle $13 531.20 ACHD Locust Grove Road-Overland to Victory $13 489.00 ACHD Ten Mile and Amity Intersection $24 722.66 ACHD Ten Mile Road-Overland to Victory $493 671.20 ACHD Ten Mile McMillan to Chinden,Water and Sewer improvements $8 178.00 Franklin Road Interconnect with Suez $7 594.68 ITD Chinden Blvd-Locust Grove to Linder $57 583.00 Page 2 of 3 Page 11 Item#1. ITD SH16-Chinden to Ustick Utility Improvements 1 $18 256.00 Total Current FY 22 Commitments 1 $896,755.52 FY22 Budget with car forward $1,024,772.20 FY22 Current Commitments $896,755.52 FY22 Remaining Uncommitted $128,016.68 SH-16 Project Contract Amount+5% Contingency $957,426.00 Current Budget Shortfall $829,410.00 A. Strategic Impact: These projects meet our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: These projects will maintain level of service to customers by adjusting existing water infrastructure/installing new infrastructure such as water mains, hydrants, services,and valve boxes as needed for projects. C. Fiscal Impacts The current Enterprise Fund balance can support the additional funding required. j i V. TIME CONSTRAINTS These projects are currently planned for FY22. Some are already in construction. Approving this budget amendment now will allow the City to complete these projects according to the agreements that have been made with ACHD and ITD. Approved for Council Agenda: Date Page 3 of 3 Page 12 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works: Fiscal Year 2022 Budget Amendment in the Amount Of $393,317.00 for Well 26 Filter Equipment Contract Award Page 13 Item#2. Mayor Robert E. Simison E IDIANI-��- City Council Members Joe Borton Treg Bernt Public Works i ❑ A H G Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert E. Simison Members of the City Council FROM: Dean Stacey Engineering Project Manager DATE: 5/5/2022 SUBJECT: BUDGET AMENDMENT FOR FY 2022 IN THE AMOUNT OF $393,317 FOR WELL 26 FILTER EQUIPMENT CONTRACT AWARD REQUESTED COUNCIL DATE: May 24, 2022 I. RECOMMENDED ACTION A. Move to: 1. Approve the Well 26 Filter Equipment Budget Amendment for $393,317 2. Authorize the Mayor to sign the agreement IL DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background Filter equipment procurement is the first construction phase of the Well 26 Water Treatment project. The project is intended to improve the quality of drinking water by removing iron and manganese. The well is located on Locust Grove Rd just south of Chinden Blvd. Page 14 Page I of 3 Item#2. B. Reason for the Amendment Proposals to provide the water filtration tank and associated equipment were opened on April 8, 2022. The winning proposal exceeded the available balance of FY 2022 funds for this project. To allow the City to purchase the equipment, approval of additional funds is necessary. The primary reasons for this shortfall are related to current material, labor, and transportation prices. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate,plan, and provide public services and facilities that support the needs of our growing community and to ensure modern reliable facilities while maintaining financial stewardship. B. Fiscal Impact: Current Funding Status Accounting Comments FY22 Original Project Funding $ 930,000 FY22 Contracts $ (319,751) Task Order for Design Available Remaining Funding Balance $610,249 Additional Funding Needed Cost Comments Pending Filter Equipment Proposal $ 953,566 5% Contingency $ 50,000 TOTAL 11003,566 Available Funding Balance $ 610,249 Proposed FY22 Budget Amendment Total Shortfall $ 393,317 Value Page 15 Page 2 q f 3 Item#2. V. ALTERNATIVES The City could choose not to approve the budget amendment and delay award of an equipment contract to the next fiscal year. However, it is unlikely that a contractor would guarantee bid prices for 5 months, so the project would need to be bid again and prices would most likely go up. VI. TIME CONSTRAINTS This project is currently planned to award the equipment contract in May 2022 so the design of the new facility can continue. This would allow the construction project for the facility to be bid late 2022 and be constructed in 2023. VII. LIST OF ATTACHMENTS Budget Amendment Form Approved for Council Agenda: 5/10/22 Page 16 Page 3 o f 3 U U) N N N o LO E n c m E 0 0 Q 1 z z N N N t o a 0 0 O o N M 00 N N N cm0 H N N M M El El CD Ln a C L6 N 0_ (u U v v o h } 0 �q a) ` M E N v p R " p Q O H fl. w v Q L -6 Ol r 10 y.r �A• 0 W 3 3 J u o W a O Y E E o v o ° co H w ~ GJ tO z z E z � m I 7 0 h N a cr 0 i v v c c a p a) (D LL a o, 3 E E _ co a-+ C aci � n U_ GJ c (Da= — `o '0' E U o v o v O O C r t c ~ J-E 70 E a = ° 0 nn E > Q Y O V co 3 N c Q o u U0 0) O .0 :, N 0 0 =3 0 W M M N 6 H ° m m ° F m m O F c O 0_ LL (� Gl c U v y m 0 E a ai 4— E o v u ;; 0 0 0 0 o O F Q bz Q 0 n a n n o V 3 E c V O LL a) O U a) m w a) H U o ova o 0 0 0 a E E v o a F. a to a \ to V7 Y Q \ \ \ (6 > E U 0 (Dy O E UJ 0_ O Z) LL LL W 2k a a a a V V V V 3t a C a a a a a a a a a a a 3L V V V V V V 2k a s d' ' W W W W 00 00 00 00 W W W W W W W W W W W W W 00 00 00 00 00 00 W W W 0 O O O O O O O O 0 0 0 O O O O O O O O O O O p O O O O O O p O O O ci ci ci ci c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I cc a-I a-I a-I a-I a-I ci ci ci O_ ci c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I c-I 6l 0 C Ld N y* 0 lD O C �--� N M V1 n w E J O O ci O N N N N J J Ln J vvvv \oa a a a (D 0) D a E H Q t:10 co CJ o y 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4+ o 0 o y m 4.0 5. m m m m m m m m fl. m m m m m m m m m m m m m 8. m m m m m m M fl. m m m NO }d LL N C O O o N �i tt Ld St (� XL tt Q N CN CDl00 l00 l00 l00 y l00 l00 l00 l00 l00 l00 ; l00 0 Item#2. 2:36 PM City of Meridian FY2022 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2022 2023 2024 2025 2026 Title: Well 26 Water Treatment Personnel $ $ $ $ $ Inst—tines for Submits ing fivdger Anaendrsien I. Operating $ $ $ $ $ > Department will send Amendment with Directors slgnatwe to Finance(Bv4gvtAnalV5Q for review Capital $ 930,000 $ 393,317 i Finance will send Amendment to council ualson for signature Total $ 930,000 $ 393,317 $ $ $ $ Y Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 1,323,317 Mayorwill send signed Amendmentto finance{Budget Anaiystl Evaluation Questions 7 Finan"(Budget Analyst)will send approved mpy of Amendment to Departnsent Please answer all Evaluation Questions using the financial data referenced above. s o artrnentwll add copyof Amendment toC� ndlAgendausIngrwnSAgendaManager 1. Describe what is being requested? $393,317 is being requested to provide additional funding to award the low bid for the filter equipment purchase of the Well 26 Water Treatment Project.This project is in year 1 of 2 years.The facility design is in progress and coordination with the filter equipment coompany will happen once the equipment contract is award. Facility construction to house the filter is scheduled to happen in fiscal year 2023. The current Enterprise Fund balance will support the addition of this funding in FY22. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The need for the additional funding was not known when the 2022 budget was requested.The project was bid out and a low bidder has been identified. Higher than anticipated costs seem to be due to the current construction environment,labor shortage and higher material costs. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? Waiting until the next fiscal year to provide funding for the project would delay project completion by at least another 17 months. This would most likely incur additional expense to procure the water treatment equipment and raw materials which must then be incorporated into the delayed construction project. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Enterprise Fund. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes-Public Health and Safety. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes-Purchasing for contract execution. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No) ��--No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) LNo 9.Any additional comments? Total Amendment Request $ 393,317 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. Page 18 City of Meridian FY2022 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7EYKDUAG\FY2022-Well 26 Budget-Amendment-5-10-22-DS-CM E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council MeetingMay 24, 2022 Item #4: ZONING MAP Timberline North PFP Approved Preliminary Plat Preliminary/Final Plat Changes to Agenda: \[if applicable\] Item #4: Timberline North Subdivision (H-2022-0024) Application(s):  Combined Preliminary and Final Plat Size of property, existing zoning, and location: This site consists of 9.8 acres of land, zoned R-8, located at 655 and 735 W. Victory Road (south terminus of Stoddard Road, ½ mile west of Meridian Road. History: Annexed in 2013, platted as Timberline Subdivision in 2017 (H-2017-0140); Final Plat approval in 2020 (H-2020-0008). Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: The subject property, approximately 9.8 acres, was originally platted in 2017 under Timberline Subdivision (H- 2017-0140) but was annexed in 2013 as part of a City initiated annexation from RUT to the R-8 zoning district (AZ-13-014, DA# 114007668). The approved preliminary plat was to be completed in two phases. Phase 1 consists of 24 single-family residential building lots and has been recorded and fully constructed with homes, open space, etc. Phase 2 received final plat approval for 33 single-family residential building lots and 4 common lots in March 2020 and was set to expire on May 1, 2021. Due to unfortunate timing and circumstances, the Timberline No. 2 final plat did not receive City Engineer signature by the deadline and no time extension was submitted in accord with UDC standards. Therefore, the phase 2 final plat expired which subsequently made the original preliminary plat approved in 2017 expire. The Applicant is required to re-plat the phase 2 area in order record phase 2 of the final plat. Currently phase 2 of the development is constructed per the previous approval including the open space, fencing, utilities, sidewalks, and public roads. Because all of the subdivision improvements are constructed, the Applicant has submitted the previously approved final plat documents from the previous application and an Alternative Compliance (ALT) application to allow the existing open space approved with the original submittal to remain as is without requiring the plat to comply with the current open space and amenity standards. Due to the unique circumstances behind the expiration of the plat and the fact that the improvements are all done, staff believes additional open space and amenities are not necessary. Commission Recommendation: Approval with no changes. Summary of Commission Public Hearing: The Meridian Planning & Zoning Commission heard these items on May 5, 2022. At the public hearing, the Commission moved to recommend approval of the subject Combined Preliminary and Final Plat request. 1. Summary of Commission public hearing: a. In favor: Penelope Constantikes, Applicant Representative; b. In opposition: None c. Commenting: Penelope Constantikes; d. Written testimony: Justin Bell – Issues with rezoning any property from R-4 to R-8 (not part of application, property already zoned R-8). e. Staff presenting application: Joseph Dodson, Associate Planner. f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. What is the location, accessibility, and amount of open space previously approved; 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Written Testimony since Commission Hearing: None. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0024, as presented in the staff report for the hearing date of May 24, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0024, as presented during the hearing on May 24, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0024 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Request for Reconsideration of Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels 50434223150, 50434212970, 50434212965, and 50434212920. Page 19 GIVENS PURSLEYLLP Attorneys and Counselors at Law 601 W.Bannock Street Gary G.Allen Elizabeth A.Koeckeritz Samuel F.Parry PO Box 2720 Charlie S.Baser Neal A.Koskella Randall A.Peterman Boise,ID 83701 Christopher J.Beeson Michael P.Lawrence Blake W.Ringer Telephone:208-388-1200 Jason J.Blakley Franklin G.Lee Michael O.Roe Facsimile:208-388-1300 Clint R.Bolinder David R.Lombardi Danielle M.Strollo Jeff W.Bower Lars E.Lundberg Cameron D.Warr www.givenspursley.com Preston N.Carter Kimberly D.Maloney Robert B.White Jeremy C.Chou Kenneth R.McClure Michael V.Woodhouse Michael C.Creamer Kelly Greene McConnell Amber N.Dina Alex P.McLaughlin Bradley J.Dixon Melodie A.McQuade William C.Cole(Of Counsel) Thomas E.Dvorak Christopher H.Meyer Donald Z.Gray L.Edward Miller Brian J.Holleran Judson B.Montgomery Kenneth L.Pursley(1940-2015) Kersti H.Kennedy Deborah E.Nelson James A.McClure(1924-2011( W.Hugh O'Riordan,LL.M. Raymond D.Givens(1917-2008) May 3, 2022 Mayor Simison and Meridian City Council c/o City Clerk 33 East Broadway Avenue Meridian, Idaho 83642 via email to: cityclerk@meridiancity.org RE: Request for Reconsideration in Case No. H-2021-0074, Jamestown Ranch Dear Mayor Simison and City Council Members: Givens Pursley LLP represents the applicant, the Walsh Group, LLC ("Walsh" or "Applicant"), who requested to annex, zone and plat 294 lots (including 65 age-restricted 55+ lots) on 80 acres in Meridian's Area of Impact in Case No. H-2021-0074 (collectively the "Application" or "Development"). The Planning & Zoning Commission originally heard the Application on November 18, 2021; at that time it set the Application over for a second hearing so that ACHD could submit a staff report and Walsh could address some of their concerns with the Application. On February 17, the Planning & Zoning Commission heard the Application for the second time. At the conclusion of the hearing, the Planning & Zoning Commission indicated that it appreciated the changes that Walsh had made to the Application but nonetheless recommended denial of the Application based on traffic concerns. On April 5,2022,the Application came before the City Council who voted to deny the Application. The City Council adopted its Findings of Fact, Conclusions of Law, and Decision & Order (the "Decision") denying the Application on April 19, 2022. The Decision denies the Application for the reasons set forth in the Findings that are attached to this letter as Exhibit A. Per the Decision, the Council denied the Application for one primary reason: perceived traffic impacts on McMillan and Black Cat Roads. For the reasons described in this letter, we respectfully request that you reconsider your denial and approve the application. In the alternative, we request that you reconsider the denial May 3, 2022 Page 2 and provide specific feedback to the Applicant to change the Application in order to gain approval.' This request for reconsideration is submitted pursuant to UDC § 1-7-10 and Idaho Code § 67- 6535. 1. Traffic Impacts are Mitigated on Surrounding Streets. The Council's findings conclude that the Project will result in adverse impacts on Black Cat and McMillan Roads. However, the Ada County Highway District ("ACHD") provided a report on the Application agreeing that all roads have current capacity except for one hour on McMillan. Specifically, ACHD's report provides: (i) all intersections and road segments operate acceptably under all conditions except for the segment of McMillan Road from the site to Ten Mile Road under 2025 total conditions; and (ii) this segment will meet level of service ("LOS") thresholds in the shoulder hour for a 3-lane minor arterial road under 2025 total conditions. As submitted into evidence, the only time that McMillan road is expected to operate at an unacceptable LOS is during the peak PM hour. Per ACHD policy, if, by examining the shoulder hours the roadways and intersections meet the minimum acceptable level of service planning thresholds, the applicant may suggest feasible, alternative mitigation measures. Because all intersections and road segments operate acceptably in the shoulder hours, Applicant proposed feasible, alternative mitigation measures. ACHD approved those mitigation measures as appropriate. Despite ACHD's approval of the mitigation measures,which were entirely consistent with ACHD policy, the Council nonetheless denied the Project. The Applicant has taken every step necessary to mitigate traffic concerns while still developing a quality residential neighborhood, consistent with the City's comprehensive plan. The Applicant incorporated all traffic recommendations from ACHD and is ready and willing to incorporate additional traffic recommendations upon Council's reconsideration of this development. 2. Annexation Is In The Best Interest Of Meridian. The Project (i) complies with Meridian's comprehensive plan; (ii) complies with the regulations for the proposed R-6 zone; (iii)is not materially detrimental to the public health, safety and welfare; (iv) does not result in an adverse impact upon the delivery of services; and (v) is in the best interest of the City. As stated in recent public hearings, "road improvements follow development."In order for the City to receive much-needed road and pathway infrastructure improvements in this area in a timely manner,the property must be developed. There was a steep embankment on Black Cat Road where the edge of the road dropped into the Lemp Canal. At their sole expense, the Applicant moved the Lemp Canal out of the Black Cat right-of-way and filled in the vacated canal. With approval of the Application, the Black Cat Road corridor will continue to be improved at the Applicant's expense. The Applicant will widen Black Cat Road to 17 feet of pavement from 1 If this request for reconsideration is approved,Walsh is prepared to submit an updated preliminary plat that mitigates the concerns raised by Council in its deliberations. Item#3. May 3, 2022 Page 3 centerline (pavement is currently as narrow as 12 feet from centerline), construct a Moot gravel shoulder, build a 10-foot wide multi use pathway, and install a left-hand turn lane upon request. The pathway improvements provide much-needed pathway continuity through this area, and will keep pedestrians and bicyclists safe by removing them from the roadways they are currently forced to use. These improvements result in a much safer, wider road and will not occur without development. Similarly, McMillan Road has a steep embankment where the edge of the road drops into the Lemp Canal (just 3 feet away in some places). The Applicant will relocate the Lemp Canal away from McMillan Road, which will eliminate the dangerous embankment. Walsh will widen McMillan Road to 17 feet of pavement from the centerline (pavement is currently 11 feet from centerline), install a left-hand turn lane, construct a Moot gravel shoulder, and build a 10-foot wide pathway. These improvements will allow traffic on McMillan to flow more smoothly, especially after the McMillan/Black Cat intersection is signalized this summer. As mentioned above, these improvements provide much-needed pathway continuity through this area, and will keep pedestrians and bicyclists safe by removing them from the roadways. These Black Cat and McMillan Road improvements will not occur without approval of the Application. The Applicant is proposing a quality residential development in an area designated Medium Density Residential on the FLUM. Any development on the property will generate increased traffic to the neighborhood. The traffic generated by this project is less than other more intense residential uses contemplated by the comprehensive plan for this location and was deemed acceptable by ACHD. For these reasons, the Development is in the best interests of Meridian and we ask you to reconsider the denial. Specifically,upon reconsideration, Walsh requests the Council to: (1) Approve the Annexation and Zoning as recommended by City Planning Staff, and (2) Approve the Preliminary Plat as recommended by City Planning Staff. In the alternative, Walsh requests the Council to provide specific feedback for changes to this Development in order to gain approval. Thank you for your consideration of this request. Sincerely, Elizabeth A. Koeckeritz CC. Bill Nary, City Attorney's Office at bnary@meridiancity.org Community Development Department at planning@meridiancity.org Page 22 ►tem#3. EXHIBIT A C� V IDIAN&_-- 0AHd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, FINAL DECISION,AND ORDER Date of Order: April 19, 2022 Case No.: H-2021-0074 Applicant: Walsh Group, LLC In the Matter of. Request for(1) annexation and zoning of 80 acres of land with an R-8 zoning district and (2) a preliminary plat consisting of 294 building lots and 25 common lots. Pursuant to testimony and evidence received regarding this matter at the public hearing before the Meridian City Council on March 15, 2022, and April 5, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the 80 acres of land("the Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2021-0074, which is fully incorporated herein by reference. 2. The Property is not located within the incorporated area of the City of Meridian. 3. The Applicant is requesting annexation of the Property in order to develop a residential subdivision. 4. The proposed annexation is a Category A annexation under Idaho Code section 50- 222(3)(a). 5. The proposed annexation will generate additional traffic on W. McMillan Road that will be detrimental to the community. 6. Under the Ada County Highway District (ACHD) Capital Improvements Plan(CIP), W. McMillan Road, from N. Black Cat Road to N. Ten Mile Road, will not be widened to three lanes until 2031, at the earliest. 7. The proposed annexation will generate additional traffic on N. Black Cat Road that will be detrimental to the community. 8. Under the ACHD CIP,N. Black Cat Road, from W. Ustick Road to W. McMillan Road, will not be widened to five lanes until 2031, at the earliest. 9. Under the ACHD CIP, a multi-lane roundabout at the intersection of N. Black Cat Road and W. McMillan Road will not be constructed until 2031, at the earliest. 10. Based on the foregoing, the proposed annexation is not in the best interest of the City of Meridian. Page 23 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Pagc Walsh Group,LLC—Case No.H-2021-0074 Item#3. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of Idaho Code section 50-222, which governs annexations by cities. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. The City Council takes judicial notice of the Unified Development Code of the City of Meridian(UDC), all current zoning maps, and the City of Meridian Comprehensive Plan. 4. In order to grant an annexation and rezone, the City Council must make certain findings as delineated in UDC section 11-5B-3, including a finding that the proposed annexation is in the best interest of the City of Meridian. UDC § 11-5B-3(E)(5). 5. Because the City Council found that the proposed annexation is not in the best interest of the City of Meridian, the requirements set forth in UDC section 11-513-3 have not been satisfied, and the proposed annexation shall not proceed. 6. A city's decision to deny a Category A annexation is not subject to judicial review under Idaho Code section 50-222(6). Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92, 97, 205 P.3d 1228, 1233 (2009). 7. The purpose of the UDC is to "[c]arry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian[.] UDC § 11-1-2(B) (emphasis added). Because the Property is not located within the incorporated area of the City of Meridian, and because the proposed annexation shall not proceed, the City Council is precluded from granting the Applicant's request for a preliminary plat. 8. Pursuant to Idaho Code § 67-6503, the City of Meridian has properly exercised the powers conferred by LLUPA. C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies Applicant's request for annexation of the Property. Further, because the Property is not located within the incorporated area of the City of Meridian, the City Council hereby denies Applicant's request for a preliminary plat. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by Chapter 52, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Pag Page 24 Item#3. Title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 19th day of April, 2022. Robert E. Simison 4-19-2022 Mayor Attest: Chris Johnson 4-19-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Page page 25 Item#3. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, E FINAL DECISION,DECISION,AND ORDER I D A H O Date of Order: April 19, 2022 Case No.: H-2021-0074 Applicant: Walsh Group, LLC In the Matter of. Request for(1) annexation and zoning of 80 acres of land with an R-8 zoning district and (2) a preliminary plat consisting of 294 building lots and 25 common lots. Pursuant to testimony and evidence received regarding this matter at the public hearing before the Meridian City Council on March 15, 2022, and April 5, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, final decision, and order. A. Findings of Fact. The City Council finds that: 1. The facts pertaining to the 80 acres of land("the Property"), the Applicant's request, and the process are set forth in the staff report for Case No. H-2021-0074,which is fully incorporated herein by reference. 2. The Property is not located within the incorporated area of the City of Meridian. 3. The Applicant is requesting annexation of the Property in order to develop a residential subdivision. 4. The proposed annexation is a Category A annexation under Idaho Code section 50- 222(3)(a). 5. The proposed annexation will generate additional traffic on W. McMillan Road that will be detrimental to the community. 6. Under the Ada County Highway District(ACHD) Capital Improvements Plan(CIP), W. McMillan Road, from N. Black Cat Road to N. Ten Mile Road, will not be widened to three lanes until 2031, at the earliest. 7. The proposed annexation will generate additional traffic on N. Black Cat Road that will be detrimental to the community. 8. Under the ACHD CIP,N. Black Cat Road, from W. Ustick Road to W. McMillan Road, will not be widened to five lanes until 2031, at the earliest. 9. Under the ACHD CIP, a multi-lane roundabout at the intersection of N. Black Cat Road and W. McMillan Road will not be constructed until 2031, at the earliest. 10. Based on the foregoing, the proposed annexation is not in the best interest of the City of Meridian. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Page page 26 Item#3. B. Conclusions of law. The City Council concludes that: 1. The City Council takes judicial notice of Idaho Code section 50-222, which governs annexations by cities. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. The City Council takes judicial notice of the Unified Development Code of the City of Meridian(UDC), all current zoning maps, and the City of Meridian Comprehensive Plan. 4. In order to grant an annexation and rezone, the City Council must make certain findings as delineated in UDC section I I-5B-3, including a finding that the proposed annexation is in the best interest of the City of Meridian. UDC § 11-513-3(E)(5). 5. Because the City Council found that the proposed annexation is not in the best interest of the City of Meridian, the requirements set forth in UDC section 11-5B-3 have not been satisfied, and the proposed annexation shall not proceed. 6. A city's decision to deny a Category A annexation is not subject to judicial review under Idaho Code section 50-222(6). Black Labrador Investing, LLC v. Kuna City Council, 147 Idaho 92, 97, 205 P.3d 1228, 1233 (2009). 7. The purpose of the UDC is to "[c]arry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian[.] UDC § 11-1-2(B) (emphasis added). Because the Property is not located within the incorporated area of the City of Meridian, and because the proposed annexation shall not proceed, the City Council is precluded from granting the Applicant's request for a preliminary plat. 8. Pursuant to Idaho Code § 67-6503, the City of Meridian has properly exercised the powers conferred by LLUPA. C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies Applicant's request for annexation of the Property. Further, because the Property is not located within the incorporated area of the City of Meridian, the City Council hereby denies Applicant's request for a preliminary plat. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by Chapter 52, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Pagc page 27 Title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 19th day of April, 2022. Robert E. Simison 4-19-2022 Mayor Attest: Chris Johnson 4-19-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER Walsh Group,LLC—Case No.H-2021-0074 Page 3 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Timberline North (Timberline Sub. No. 2) (H-2022-0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd. A. Request: Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision (H-2017-0140, DA# 114007668) that has since expired. Page 29 Item#4. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact: Joe Dodson Meeting Date: May 24, 2022 Topic: Public Hearing for Timberline North (Timberline Sub. No. 2) (H-2022-0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd. Request: Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision (H-2017-0140, DA# 114007668) that has since expired. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 30 PUBLIC HEARING SIGN IN SHEET DATE : May 24, 2022 ITEM # ON AGENDA : 4 PROJECT NAME : Timberline North ( Timberline Sub . No . 2 ) ( W2022 - 0024 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#4. E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 5/24/2022 Rr4' DATE: Legend0 Project Location R-a C_G TO: Mayor&City Council RUT RY8 FROAM: Joseph Dodson,Associate ° R=4 R=4� Planner Rl FFFFq ® C-G 208-884-5533 ° ® SUBJECT: H-2022-0024 ® RUT R-15 Timberline North(Timberline No. 2)PFP R-8 LOCATION: The site is located at 655 and 735 R=4 R-8 W. Victory Road, in the NE1/4 of RUT Section 25,Township 3N.,Range 1 W. R-40 RUT R-15 RUT I. PROJECT DESCRIPTION Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision(H-2017-0140,DA# 114007668)that has since expired. II. SUMMARY OF REPORT A. Applicant: Penelope Riley,Riley Planning Services—PO Box 405,Boise,ID 83701 B. Owner: Mark Bailey, Bailey Investments— 13501 5 1"Avenue NE,Marysville,WA 98271 C. Representative: Same as Applicant III. STAFF ANALYSIS The subject property, approximately 9.8 acres, was originally platted in 2017 under Timberline Subdivision(H-2017-0140)but was annexed in 2013 as part of a City initiated annexation from RUT to the R-8 zoning district (AZ-13-014, DA# 114007668). The approved preliminary plat was to be completed in two phases. Phase 1 consists of 24 single-family residential building lots and has been recorded and fully constructed with homes,open space,etc.Phase 2 received final plat approval for 33 single-family residential building lots and 4 common lots in March 2020 and was set to expire on May 1,2021,two years following the City Engineer's signature of the phase 1 final plat consistent with City code.Due to unfortunate timing and circumstances,the Timberline No.2 final plat did not receive City Page 1 Page 31 Item#4. Engineer signature by the deadline and no time extension was submitted in accord with UDC standards. Therefore, the phase 2 final plat expired which subsequently made the original preliminary plat approved in 2017 expire. The Applicant is required to re-plat the phase 2 area in order record phase 2 of the final plat. Currently phase 2 of the development is constructed per the previous approval including the open space, fencing, utilities, sidewalks, and public roads. Because the all of the subdivision improvements are constructed, the Applicant has submitted the previously approved final plat documents from the previous application and an Alternative Compliance(ALT)application to allow the existing open space approved with the original submittal to remain as is without requiring the plat to comply with the current open space and amenity standards. Due to the unique circumstances behind the expiration of the plat and the fact that the improvements are all done, staff believes additional open space and amenities are not necessary. Below is staff s analysis the ALT request. PLAT DATA: The two phases of Timberline Subdivision totaled 57 single-family residential building lots on approximately 17.3 acres of land. The subject phase 2 area proposes 33 building lots and 4 common lots on 9.8 acres which constitutes a gross density of 3.26 du/ac for this phase,consistent with previous approvals and the comprehensive plan designation of Medium Density Residential (MDR). 33-foot wide local streets with 5-foot wide attached sidewalks are constructed throughout the development which allows for on-street parking where no driveways are present. The subject plat contains approximately 0.7 acres of qualified open space(common lots and half of the Victory Road buffer)and the overall Timberline Subdivision is approved for approximately 1.9 acres of qualified open space which amounts to approximately 11%, above the previous requirement to provide a minimum of 10% qualified open space. The amenities exist within the phase 1 area and include a child's play structure and play area and a shaded picnic area. Because the submitted plans match the previously approved phase 2 final plat,Staff has included those previous conditions of approval as the conditions of approval for this application. Public Works has no comments on the subject application as all improvements have been constructed in accord with the approved construction drawings. Staff finds the proposed combined preliminary/final plat meets all UDC dimensional standards and is consistent with the Comprehensive Plan as previously approved. ALTERNATIVE COMPLIANCE FINDINGS (UDC 11-5B-5D: Applicant is requesting Alternative Compliance to the Common Open Space & Amenity standards outlined in UDC 11-3G-3 which require projects within the R-8 zoning district to have a minimum of 15% qualified open space. As discussed, the proposed combined preliminary/final plat is for an area that has received previous preliminary and final plat approvals but did not receive final plat signature prior to the plat expiring despite having all open space, roadways, sidewalks, and utilities fully constructed. Because of the described circumstances, Staff recommends approval of the Alternative Compliance request because strict adherence of the requirements is not feasible as described below. Specific findings to the subject request are as follows: 1. Strict adherence or application of the requirements are not feasible; or Stafffinds strict adherence of the open space and amenity requirements is physically feasible but would be burdensome on the Applicant to comply because the development's foundation of roadways and utilities are already in place for both phase 1 and phase 2 of the project area. Requiring additional open space to meet the minimum 15%overall would require the loss of building lots to add approximately 0.7 acres of additional qualified open space. Staff does not find strict adherence to this standard necessary as the building lots within this phase of Timberline have an average lot size of approximately 8,000 square feet(minimum lot size for R-4 zoning district) which allow for larger private yards for recreation. Furthermore, the Page 2 Page 32 Item#4. phase I area contains a large open space lot linked with adjacent open space in the Jocelyn Park Subdivision to the east where all Timberline residents would be able to enjoy and utilize open space. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The alternative means does not exceed the minimum open space requirements of the current open space code but Staff finds the previous approvals for approximately 11%qualified open space overall to be an equal means of meeting the requirements when all development criteria are taken into account: lot sizes,pedestrian access, adjacent open space, and area of open space lots in phase 1. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. Stafffinds the proposed open space will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director has granted approval of the subject Alternative Compliance request per the findings above. IV. DECISION A. Staff: Staff recommends approval of the subject combined preliminary/final plat per the conditions of approval in Section VI and the findings in Section VII and the Director has approved the alternative compliance request per the Findings above. B. The Meridian Planning&Zoning Commission heard these items on May 5,2022.At the public hearing,the Commission moved to recommend approval of the subject Combined Preliminary and Final Plat request. 1. Summary of Commission public hearing_ a. In favor: Penelope Constantikes,Applicant Representative, b. In opposition:None c. Commenting: Penelope Constantikes, d. Written testimony: Justin Bell—Issues with rezoning any property from R-4 to R-8 (not part of application,propeK1y already zoned R-8). e. Staff presenting application: Joseph Dodson,Associate Planner. f. Other Staff commenting on application: None 2. Key issue(s) testimony_ a. None 3. Ke. ids)of discussion by Commission: a. What is the location, accessibility, and amount of open space previously approved, 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. None Page 3 Page 33 Item#4. V. EXHIBITS A. Approved Preliminary Plat(December 2017) i i i L-Ld I - -� S ' C ps 110.MI !till ! -�•-�a�rf i _ --- � Y � • _..�.- � L � ,I _ }may I � _ e FI! iF C•'I. cu r fiwr a[rarnrlrnY o � �� - Page 4 Page 34 Item#4. B. Combined Preliminary/Final Plat(stamp date: January 12,2022) 1 --- ---- '- STODD ----y ] N 0 M28'£50.5.23' y 5. 5TODDARO RD. r p '-'-__c� 'AI z 1 Rrv1„ g F 4 QC p SI�� q M' & 1 — r IYT aar o d � _— —_____ _� m - .mow rt'Al 9 p , a 1 ,,q. S �,p q q y —_ 3 __mar- 6�a $ � - s I v 4 _ C K p e a N 6 5.VOLONTRER PEACE �� I rn 'Y eO �" 11 FIT �+S Y y �� J S `� N' 1 .. ;' N s \ m s _ a �' ---` u----;------- —--�' Y k'� '. o� hl IyQI�� L--------o- Cq fn i� 4� g G a z rn �o G[ =55�P4' AA U A yey P 6� xq ppp vy y x g5NN '�� E _5, dlRRIDL4N RD. 1PPP�d M! q 4 � j URI Page 5 Page 35 Item#4. TIMBERLINE SUBDIVISION NO. 2 a Sr4U LOCATED IN THE NW 114 OF OF THE NE I14 OF SECTION 25, T.3N.,R.I W.,B.M., ." m ,x CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 �J BASIS OF HEARING ]s ........... ....... _.._... __.._-5 89°22'15"E 2639.60'.. _.__. _.......... . __ T. VICTORY ROAD f�J11 P:1�BEidA°NG iIOT' �'9' W519271 m r` n Eli 1 EAft RLZ,d3019-Df JLLEAE'[E LYIR WEC 3'J°IA1151£4 sto9°Zx'Is'E .314.J3' S89']]'15"£34433' 14.TY _ tty.' 4U I 4krMeaNs9"71'1rW x38.61711Z 3 ' ,St.BJ'ILOCK azocx3 i� c3 �" e1x1c t LpN 1 35 % 3 37 38 39 .3 i' 3" Ga• �r m 1 I t 4 zl r N L ( 19om--j P� I. 6 I�i AIV 3q - rrv"-"I ��J`3 Via` z ; 5'" Te it --- �.-- --�-qE --� i'1fi.-qy `-44:9Ir 1� lags, co 1 $ ry W.,CONTENDER'DR. 4r �-------- MAY F Li]T-� ` "` n N89°]3'xrW ]dt.�� '� NePd'15'W 3°A6E' __\ AE. K CONTEND 299.�'MpfE 3 I I ry 1 1 8 ry—_- 7 d L z�.s I u.s sesl• A 4s R D 3 33 I ' s894rirE '1777 z 21 24 ----S s9°7]'1rE 1i9.(9 _'\ N. 5 IF Im N WI --------- _____________ w �i f1 .. 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TLRI.VJE 3l1°OmSmN Nn.l _ 9WX]t6 PAGE 1 J951 58A°4g29'W 128A0' � N89^f�'13"W lB3.IS T Exr9Te��;> �� 20 AS 9n C29 - 1` 'CIS LEGEND A' ______ 7975;gg., T��7s1`�a/iroJ-�i 1 _______ wsnrvmon eourvawrun� 11�,vvrvcKrfuasEEsrares sveolwsloN 317.37• 600K]°EAGE]I91 I I / _ wruAEs Page 6 Page 36 Item#4. C. Landscape Plan(dated: January 2020) I I I I I I I I LANDSCAPE NOTES. VIGINITr MAP. m.o.•a.=mrcoxi.w+s�a zee ��..rnr .,xu.e.c,x�.n�er.m .. GROUP 5. _. ...m.. �.. _:...i..:. .may d ru.ae nwnne �nv.nn + Win* - OVERVIEW MAP / LANDSCAPE RECUIREMENT$: .} I LE l Z �- w as I IL .. BALL - - LU z - LL AND BURLAP TREE PLANTING MITIGATION INFORMATIONEo• ' { ` a] PLANT SCHEDULE . O I1 f 1 \ F LANDSCAPE OVERVIEW I L1 00 Pagc 7 Page 37 P-TSCHEDULE ---------------------- ------------- ........... ------- ------ ------- ------..........Tr ------ ------- ------ ---- IL--- ----- ------- ------- % LANDSCAPE PLAN- ARE 1 ------------------------------ -------- L 1.02 Page 8 Item#4. PLANT SCHEDULE SGt rs�o"u'r .,. - — --- — ---- -- ——— ———— ——— --- z } - - -- I-- --- --- ---- - � III - I Z, s J, w - \ - = - ~ I r I , i Ii LANoscAaE A R EA �Z� =I•<. A,.a L1 03 Page 9 Page 39 Item#4. VI. CONDITIONS A. Planing Division Conditions 1. The applicant shall comply with all applicable conditions of approval associated with this site (AZ-13-014 and recorded development agreement instrument#114007668). 2. The preliminary/final plat approval shall be null and void if the Applicant fails to either: 1) Obtain City Engineer's signature on the plat within two years from the day City Council grants approval of the Findings of Fact, Conclusions of Law for this project,Timberline North (Timberline No. 2); or,obtain approval for a time extension in accord with UDC 11-613-7. 3. The final plat prepared by Sawtooth Land Surveying,LLC,with a stamped date of 3anuary 12, May 2,2022,is approved as submitted. shell he re ea as follows at the time of Final Plat Note# h 11 b a h ,1 "...Title !! R » zti�i�c``'�,,��rrTT�-"srr�crrv�E6rrc6t@crt6�rrv=v`rr€-accrr6 4r€� ��C� ... instead "Ti b. Note#14—add appheableinst e ro e. Add AGHD RAW insti-dmeRt ntimber-on final plat where ultimate r-i& of way is she;Aqq-. 4. The submitted landscape plan prepared by Stack Rock Group,with a stamped date of Maw 2022, is approved as submitted. da4e,l nl 11 n i2020 shell he revised as follows at the time of Final Plat Signat-Hr-e submittal: a. With submittal f the final plat TRyla-. p e.,tio , e th . pl;ee„t hell provide .s revised " unimproved street r-i&of way is ten feet 1 line, ) or-gr-ea4er-ffom the edge of pavement to edge of sidewalk or-pr-opefty the developer-shall maintain a ten foot(10') eompaeted shoulder- meeting r-eimainder-with lawn or-other-vegetative ground eoven (Or-d. 16 f) , This eondition shall be applied to the Northwest eofaer-of the pr-opeAY abtWing W. Vietor-y Road. 5. Four(4)type 1 streetlights are required along W.Victory Road. Davit poles may be used if there are conflicts with overhead power lines. 6. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, at(208) 887-1620 for more information. 7. Staff s failure to cite specific ordinance provisions or conditions from previous approvals does not relieve the applicant of responsibility for compliance. 8. The applicant shall construct single family detached dwellings in accord with the recorded development agreement. 9. The rear and/or sides of homes abutting all arterial and collector roadways shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 10. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 11. Prior to release of Certificate of Occupancy by the Planning Division,the plat shall be recorded. Page 10 Page 40 Item#4. 12. The Director approved alternative compliance in accord with UDC 11-513-5 regarding the common open space and amenity standards outlined in UDC 11-3G-3 & 11-3G-4. B. Ada County Highway District(ACHD) https:llweblink.meridiancity.or lWebLinkIDocView.aspx?id=260030&dbid=0&repo=MeridianC i &cr--1 C. Nampa&Meridian Irrigation District(NMID) https:llweblink.meridiancity.orzlWebLinkIDocView.aspx?id=259180&dbid=0&repo=MeridianC iv D. Boise Project Board of Control(BPBC) https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=258882&dbid=0&repo=MeridianC ky E. Department of Environmental Quality(DEQ) https://weblink.m eridia n city.org/WebLink/DocView.aspx?id=259062&dbid=0&repo=Meridian C iv Page 1 1 Page 41 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Records Apartments Council Review (CR-2022-0004) by Brighton Development, Inc., Located at the northeast corner of N. Records Way and E. Fairview Ave. A. Request: City Council Review of the Planning and Zoning Commission's decision on H-2022- 0008 pertaining to the UDC requirement for access to be taken from a local street when available, unless otherwise waived by City Council, to allow an access via N. Records Way Page 49 Item#5. (�M� IERftN --- PUBLIC HEARING INFORMATION Staff Contact: Sonya Allen Meeting Date: May 24, 2022 Topic: Public Hearing for Records Apartments Council Review (CR-2022-0004) by Brighton Development, Inc., Located at the northeast corner of N. Records Way and E. Fairview Ave. Request: City Council Review of the Planning and Zoning Commission's decision on H-2022-0008 pertaining to the UDC requirement for access to be taken from a local street when available, unless otherwise waived by City Council, to allow an access via N. Records Way Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 50 PUBLIC HEARING SIGN IN SHEET DATE : May 24, 2022 ITEM # ON AGENDA : 5 PROJECT NAME : Records Apartments Council Review ( CR - 2022 - 0004 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name TL 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#5. Mayor Robert E.Simison E IDIAN City Council Members: r�� Treg 8ernt Brad Haaglun Joe Borton Jessica Perreauit Luke Cavener Liz Strader May 17, 2022 MEMORANDUM TO: Mayor&City Council CC: City Clerk, City Attorney FROM: Sonya Allen,Associate Planner RE: Records Apartments—CR-2022-0004 History: The Planning&Zoning Commission approved a Conditional Use Permit(CUP) (H-2022-0008) for a multi-family development consisting of 472 apartment units in the C-G zoning district on April 21, 2022 as set forth in the Findings of Fact, Conclusions of Law and Decision&Order. As a condition (#A.4k in Section IX)of that approval,the Applicant is required to remove the access driveway via N. Records Way in accord with UDC 11-3A-3A.2,unless otherwise waived by City Council. Unified Development Code: Per UDC 11-3A-3A.1, access is required to be taken from a local street when available,unless otherwise waived by City Council.Access is available via a driveway along the eastern boundary of the site from E. Elden Gray Street,a local street. Noticing: City Council Posting Date Newspaper Notification 5/8/2022 i, `!Radius notification mailed to 5/5/2022 properties within 300 feet Site Posting Date 5/11/2022 Next Door posting 5/6/2022 Notice of this request-and public hearing has been providod to adjacent property owners within 500 feet /of the site; and proof of posing was.submitted as required by UDC 11-5A-6D. i 0ommunity Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 page 51 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Item#5. Request: The Applicant has submitted a request for City Council review of the Commission's decision for a waiver to UDC 11-3A-3A.1 to allow a right-in/right-out driveway access for the site via N. Records Ave.,a collector street, as shown on the site plan below. L EK-far FM E � _ F y. a,IN I . } M # _ r Ali A YJ! ■ f r ■ e*-Or i • R FAI RVIEW AVE 2 Page 52 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll RECORDS APARTMENTS COLLECTOR ROADWAY ACCESS WAIVER UDC SECTION 11-3A-3A.1 Kilo 11111 t - IIIII yAr 111 p 11 Alt, . . ELDEN- GRA ST — FIRE TURNAROUND ti, � r�rw,� � ' ■ , 44 r +4 4 i l�+ai►rT f�CE Fi0.1 Wi�/F�SMi�wO� '` � _a Yti l PML Q +r r *a ' pow ZE � ■ ""'"'''r Boa � . ■ I,_ NMI i L � ti C ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■'r ■ ■ ■ ■ ■ ■ ■ 9 ■ 41p FA RVJIEW -` RECORDS APARTMENTS SITE CIRCULATION z IMIVSM-KIMEI MEMORIALPARK rrr rJ'�"Ir�e r�r�rr I�}cr�err —er�er�r�r—ram tY _ • E'd5iE1C Y �] `—rye � •eS .n—Ez—s—.�—�n—et—n r .. ' .. Eavncr m srnc �... 7 u � ,o oo' in'..a• �, eRYY I ' Y: r l r- 00.5 MINIMUM SEPARATION s} - BETWEEN ACCESSES s� Ex ��—� rI•s I NORTH PODIUM II rl `M1lt S „ PARKING AREA Ee .E/Exlr = I+ �Poxo MERIOOW e.n CIE= a 1/2 OVERALL '— LEASING OFFICE DIAGONAL 2-ST CLUBHOUSE nn DIMENSION 'If .,g• 11 E E Tu E { Qrte s.milli nE I fffcce I 144• /"EHIE" I �OUTH PODIUM PARKING AREA _ TTY I MINIMUM SEPARATION BETWEEN ACCESSES77 + [a4nci _ I ': :.��.-.,:.,.. - 9]a•dm 1�5 i� • I L � IE r -r P III 'E uE RECORDS APARTMENTS FIRE ACCESS INTERNATIONAL FIRE CODE - APPENDIX D104.1 3 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Situated in a Portion of the Southeast % of the Northwest%, Northeast % of the Southwest % and the Northwest % of the Southeast% of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 7.06 Acres From the C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District; 17.38 Acres From the C-C (Community Business) and H-E (High-Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District; 40.33 Acres From the R-40 (High- Density Residential), C-C (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 Acres From the H-E (High- Density Employment) to the C-C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Page 76 ADA COUNTY RECORDER Phil McGrane 2022-049801 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 05/25/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1979 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE (II-2021-0081 VANGUARD VILLAGE SUBDIVISION)FOR REZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST %4 OF THE NORTHWEST '/4, NORTHEAST '/4 OF THE SOUTHWEST '/4 AND THE NORTHWEST '/4 OF THE SOUTHEAST '/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 7.06 ACRES FROM THE C-C (COMMUNITY BUSINESS)ZONING DISTRICT TO THE H-E (HIGH-DENSITY EMPLOYMENT) ZONING DISTRICT; 17.38 ACRES FROM THE C-C (COMMUNITY BUSINESS) AND H-E (HIGH-DENSITY EMPLOYMENT) ZONING DISTRICTS TO THE M-E (MIXED EMPLOYMENT) ZONING DISTRICT; 40.33 ACRES FROM THE R-40 (HIGH-DENSITY RESIDENTIAL), C-C (COMMUNITY BUSINESS), AND M-E (MIXED EMPLOYMENT) ZONING DISTRICTS TO THE R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT; AND 1.10 ACRES FROM THE H-E (HIGH- DENSITY EMPLOYMENT)TO THE C-C (COMMUNITY BUSINESS)ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by the owner of said property, to-wit: Meridian 118, LLC. SECTION 2. That the above-described real property is hereby rezoned from C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District (7.06 acres); from C- C (Community Business) and H-E (High-Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District (17.38 acres); from R-40 (High-Density Residential), C-C (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District (40.33 acres); and from H-E (High-Density Employment) to the C-C REZONE ORDINANCE—VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE 1 OF 3 (Community Business) Zoning District (1.10 acres) in the Meridian City Code 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 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 rezone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. 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 24th day of May, 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 24th day of May, 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK 5-24-2022 REZONE ORDINANCE—VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE 2 OF 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this 24th day of May,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: Meridian, Idaho My Commission Expires: 3-28-2028 REZONE ORDINANCE—VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE 3 OF 3 Item#6. EXHIBIT A T-0 ENGINEERS Project No: 190580 Date: May 16, 2022 Page 1 of 2 MERIDIAN 118 A parcel of land, situated in a portion of SE114 of the NW114, NE114 of the SW114 and the NW114 of the SE114 of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: A) COMMENCING at a brass cap monument marking the west one-quarter corner of said Section 15, thence along the south boundary of said NW114, B) 5.89014'36"E. 1322.75 feet to the center-west one-sixteenth corner of said Section 15 and the POINT OF BEGINNING; thence, along the west boundary of said SE114 of the NW114, 1) N.00°39'56"E. 1328.79 feet to the northwest one-sixteenth corner of said Section 15; thence, along the north boundary of said SE114 of the NW114, 2) 5.89015'14"E. 1321.49 feet to the center-north one-sixteenth corner of said Section 15; thence, along the east boundary of said SE114 of the NW114, 3) 5.00036'37"W. 1328.96 feet to the center one-quarter corner of said Section 15; thence, along the north boundary of said NW114 of the 5E1/4, 4) 5.89°14'39"E. 1321.43 feet to the center-east one sixteenth corner of said Section 15; thence, leaving along the east boundary of said NW114 of the SE114, 5) S.00033'00"W. 1299.29 feet to the north right-of-way line of Interstate 84, thence, along said right-of-way line the following seven courses: 6) 5.88°47'49"W. 312.10 feet; thence, 7) N.86048'58"W. 675.49 feet; thence, 8) N.84005'20"W. 546.27 feet; thence, 9) N.84022'21"W. 139.20 feet; thence, 10) N.81°25'39"W. 569.26 feet; thence, 2471 S.Titanium Place Meridian, ID 83642 R 208.323.2288 to-engineers.com Page 81 Item#6. T-0 ENGINEERS Project No: 190580 Date: May 16, 2022 Page 2 of 2 11) N.85010'48"W. 150.33 feet; thence, 12) N.81021'31"W. 266.05 feet to the west boundary of said NE114 of the SW114; thence along said boundary, 13) N.00039'32"E. 1095.79 feet to the POINT OF BEGINNING. CONTAINING: 115.26 acres, more or less i� ► 3765 �� l 2Zoo 7pF OF 01VA . 2 2471 5.Titanium Piace Meridian,ID 83642 P: 208.323.2288 to-engineers-corn Page 82 m SLACK CAT ROAD n � H Z m m m m NOO'39'32'"E 1095.79' NOO'39'56'"E 1328.79' s r� 0 n W Ln Z N � —1 V ` "M rn O Cn y_ 4L -n rj OD z E2 w coco -: Z Wco �Im A r m Np 0 ^� cl 06 z id W O m ter; ZZ y SOO'36'37"W 1328.96' ,a Q, cv _ � n a V o z (11 p W IU m I G7 OD Q7 z Z Z W � Co v�i w 800 m s m Z {' ? ' o ; m W r w O g �C n x N m ( o o ° rn d T to H m v w -M4 ra °�°_ N = Z m c a W N as z W x = UI W d rD O Imo; n Mm _ z m s m s o SOO'33'OO"W 1299.29' �, — © 50�35'11"W 1328.96' Z A 0m -n � 'G m m -n ..► Vi C O • m cn I I W � .p N) ZN o v � � m g > CD g > 0 o cX i✓ oz 00 0 ? iR � c°" m i� r o ch ya zmrn b ~ A 2 Dye m �� nz = zG ca m O m z v N m = CD --� m W W � C7 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 . William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 224979 An Ordinance (H-2021 -0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Situated in a Portion of the Southeast 1/4 of the Northwest 1/4, Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 15 , Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho ; Establishing and Determining the Land Use Zoning Classification of 7 . 06 Acres From the C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District; 17 . 38 Acres From the C-C (Community Business) and H-E (High-Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District; 40 . 33 Acres From the R-40 (High- Density Residential), C-C (Community Business) , and M-E (Mixed Employment) Zoning Districts to the R- 15 (Medium High-Density Residential) Zoning District; and 1 . 10 Acres From the H-E (High- Density Employment) to the C- C (Community Business) Zoning District in the Meridian City Code ; Providing That Copies of This Ordinance Shall Be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules ; and Providing an Effective Date [Publication to include map as set forth in Exhibit B . ] REzONE ORDINANCE - VANGUARD VILLAGE SUBDIVISION - H-2021 -0081 PAGE 4 OF 3