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2022-07-12 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 12, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Treg Bernt PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Summary Minutes of the June 16, 2022 City Council Budget Workshop 2. Approve Minutes of the June 21, 2022 City Council Work Session 3. Approve Summary Minutes of the June 28, 2022 City Council Budget Workshop 4. Approve Minutes of the June 28, 2022 City Council Work Session 5. Approve Minutes of the June 28, 2022 City Council Regular Meeting 6. Apex SE Subdivision No. 2 Sanitary Sewer Easement No. 1 7. Bluebird Carwash Silverstone Water Main Easement No. 1 8. Firenze Plaza Sanitary Sewer and Water Main Easement 9. Impressive East Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 2 10. Pine 43 Subdivision No. 3 Pedestrian Pathway Easement 11. Impressive East Ridge Subdivision No. 3 Water Main Easement No. 1 12. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement 13. Woodcrest Townhomes Sanitary Sewer and Water Main Easement 14. Final Order for Vertex Subdivision No. 1 (FP-2022-0015) by Brighton Development, Inc., Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. 15. Final Order for Vertex Subdivision No. 2 (FP-2022-0016) by Brighton Development, Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. 16. Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP-2022-0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 17. Findings of Fact, Conclusions of Law for Jump Creek South (H-2022-0006) by Kent Brown Planning Services, Located at Parcel #S0428449595 at the northwest corner of N. Black Cat Rd. and W. McMillan Rd. 18. Development Agreement (Pavilion at Windsong H-2021-0102) Between City of Meridian and Rama Group, LLC for Property Located at 1680 W. Ustick Rd. 19. Resolution No. 22-2335: A Resolution Vacating a Private Irrigation Easement Over a Portion of Lot 12, Block 2 of TM Creek Subdivision No. 2, Located in the Northwest ¼ of the Northwest ¼ of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PUBLIC FORUM – Future Meeting Topics DEPARTMENT / COMMISSION REPORTS \[Action Item\] 20. Fire Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $3,450.00 for Public Education Supplies Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 21. Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of $2,002,785.00 for Purchase of a Ladder Truck Originally Included in the Fiscal Year 2023 Operating Budget Approved Motion to approve made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 22. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $52,000.00 for Unit # 119 Vehicle Replacement Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun ACTION ITEMS 23. Public Hearing (Continued from June 28, 2022) for Centrepointe Mixed-Use MDA (H-2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. Approved A. Request: Development Agreement Modification to modify the existing development agreement (Villasport, Inst. #2019-060877) for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and multi-family development in lieu of an athletic club and spa on 11.17 acres in the C-G zoning district. Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun Voting Nay: Councilman Cavener ORDINANCES \[Action Item\] 24. Ordinance No. 22-1984: An Ordinance (Pavilion at Windsong - H-2021-0102) for Rezone of a Parcel of Land Located in the Southeast ¼ of the Southeast ¼ of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 3.42 Acres of Land from the C-C (Community Business) Zoning District to the R-40 (High- Density Residential) 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 Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 25. Ordinance A-22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Located in Portions of the Northeast ¼ of the Southwest ¼ and the Northwest ¼ of the Southeast ¼ and All of the Southeast ¼ of the Northwest 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 Councilman Cavener. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 7:27 pm Meridian City Council July 12, 2022. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, July 12, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Treg Bernt. Also present: Chris Johnson, Bill Nary, Joe Dodson, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, I will call the meeting to order. For the record it is July 12th, 2022, at 6:03 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: For the community invocation this evening I'm going to turn this over to Councilman Hoaglun for a moment. Hoaglun: Thank you, Mr. Mayor. We don't have anyone to do the invocation tonight. However, I just wanted to comment that we -- many of you are aware we lost Matt Schultz this week and for those that don't know, Matt is a -- would present quite often before the City Council on -- on developments and whatnot and he's been doing that for a number of years and it was a very sudden and tragic loss and -- and just, please, remember his family in prayer. The picture I saw was him holding his two twin newborn babies and so it's -- it's -- it's a difficult time for the family. An accident that occurred and -- and it's just -- it just shows how life -- how fragile life is and you just never know. So, just remember his family and his colleagues whenever you can. So, just one of those things that when you deal with people you get to know them a bit and -- and enjoy their work and Matt was Meridian City Council July 12,2022 Page 2 of 33 somebody who when he said this will get done you knew it would get done. So, that's -- that's a great thing and -- and he will certainly be missed by everyone here in this -- in the city. So, thank you, Mr. Mayor. ADOPTION OF AGENDA Simison: Thank you, Councilman Hoaglun. Up now is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Cavener: 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. CONSENT AGENDA [Action Item] 1. Approve Summary Minutes of the June 16, 2022 City Council Budget Workshop 2. Approve Minutes of the June 21, 2022 City Council Work Session 3. Approve Summary Minutes of the June 28, 2022 City Council Budget Workshop 4. Approve Minutes of the June 28, 2022 City Council Work Session 5. Approve Minutes of the June 28, 2022 City Council Regular Meeting 6. Apex SE Subdivision No. 2 Sanitary Sewer Easement No. 1 7. Bluebird Carwash Silverstone Water Main Easement No. 1 8. Firenze Plaza Sanitary Sewer and Water Main Easement 9. Impressive East Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 2 10. Pine 43 Subdivision No. 3 Pedestrian Pathway Easement Meridian City Council July 12,2022 Page 3 of 33 11. Impressive East Ridge Subdivision No. 3 Water Main Easement No. 1 12. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement 13. Woodcrest Townhomes Sanitary Sewer and Water Main Easement 14. Final Order for Vertex Subdivision No. 1 (FP-2022-0015) by Brighton Development, Inc., Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. 15. Final Order for Vertex Subdivision No. 2 (FP-2022-0016) by Brighton Development, Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. 16. Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP- 2022-0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 17. Findings of Fact, Conclusions of Law for Jump Creek South (H-2022- 0006) by Kent- Brown Planning Services, Located at Parcel #S0428449595 at the northwest corner of N. Black Cat Rd. and W. McMillan Rd. 18. Development Agreement (Pavilion at Windsong H-2021-0102) Between City of Meridian and Rama Group, LLC for Property Located at 1680 W. Ustick Rd. 19. Resolution No. 22-2335: A Resolution Vacating a Private Irrigation Easement Over a Portion of Lot 12, Block 2 of TM Creek Subdivision No. 2, Located in the Northwest '/4 of the Northwest '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Meridian City Council July 12,2022 Page 4 of 33 Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. DEPARTMENT / COMMISSION REPORTS [Action Item] 20. Fire Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $3,450.00 for Public Education Supplies Simison: Okay. Then we will move right into Item 20, Department/Commission Reports. First item up is Fire Department fiscal year 2022 net zero budget amendment in the amount of 3,450 dollars. Turn this over to Deputy Chief. Bongiorno: Thank you, Mr. Mayor and Council. This is just a simple net zero budget amendment for 3,450 dollars for Pam for public education. This is money that was donated through our smoke detector program. People in the community that donated for our car seat programs. So, this is just taking that money and turning it into funds that Pam can spend on additional public education stuff and she is here if you would like to ask her some questions. Simison: Thank you. Council, any questions? If not, do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we approve the net zero budget amendment in the amount of 3,450 dollars as presented. Cavener: Second. Simison: I have a motion and a second to approve Item 20, which is the net zero budget amendment in the amount of 3,450 dollars. Is there any discussion? If not, Clerk will call the roll. Meridian City Council July 12,2022 Page 5 of 33 Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 21. Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of$2,002,785.00 for Purchase of a Ladder Truck Originally Included in the Fiscal Year 2023 Operating Budget Simison: Next item up is Item 21, which is a Fire Department fiscal year 2022 budget amendment in the amount of 2,002,785 dollars for the purchase of a ladder truck. Turn this over to Chief Blume. Blume: Mr. Mayor and Council, yeah, the budget amendment before you is in consideration of the FY-23 budget that there wasn't any discussion -- or substantial discussion on the purchase of a second ladder truck for the service of Meridian. However, after our first and, then, second budget discussion it became apparent to us through conversations through our Pierce Manufacturing, who we purchase our apparatus from, that there was more than water cooler talk and a significant chance of a significant raise in the price as we have presented to you in your budget that you -- that you saw the budget increase -- I'm sorry -- the product being increased between three and seven percent and a definitive -- a definitive increase after that. So, what we are asking for is if Council is in agreement with purchasing the apparatus early, saving the city anywhere between 68 -- or 70 thousand and 140 thousand dollars definitively between now and September and the last thing that I would like to do is be in front of Council the first of October and describing to you the price adjustment that occurred and the money that was potentially saved. So, that is the reason for the request at this time. Simison: Thank you, chief. Council, any questions? Then do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: As to Item 21, 1 move we approve the budget amendment in the amount of 2,002,785 dollars as presented for the purchase of a ladder truck. Cavener: Second. Simison: I have a motion and a second to approve Item 21. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Meridian City Council July 12,2022 Page 6 of 33 Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Blume: All right. Thank you, Mr. Mayor, Council. 22. Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $52,000.00 for Unit # 119 Vehicle Replacement Simison: Thank you, chief. Our final budget amendment of the evening is with the Police Department for fiscal year 2022 budget amendment in the amount of 52,000 dollars. will turn -- oh, sorry. Stokes: Thank you, Mayor, Members of Council. This is a 52,000 dollar budget amendment to replace a police car that was totaled in an accident back in May and we have filed the proper paperwork to get insurance reimbursement after our deductible and I would stand for any questions. Simison: Thank you, Captain. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to verify that I understood that the insurance would -- would -- check would come in from ICRMP at about 47,000 or so. So, we have about a 7,000 dollar difference; is that correct? Stokes: Yes. That's my understanding. And Bill might be able to actually shed more light on it. I just know that we have done the -- started the process to -- to make the insurance claim for the -- the car. Nary: So, Mr. Mayor, Members of the Council, I can tell you it's -- so, the insurance replaces the value of the car as it is today and this -- I don't remember how old this car was. Stokes: It is a 2021 . Nary: Yeah. So -- so, they do the present value of the car now. Our deductible is 2,500 dollars. So, minus the 2,500 and the present value for the car-- obviously, it's depreciated slightly and, then, they will -- so, it will be probably between 45 to 48 thousand, something like that. Simison: Thank you. Any additional questions? If not -- Hoaglun: Mr. Mayor? Meridian City Council July 12,2022 Page 7 of 33 Simison: Councilman Hoaglun. Hoaglun: Was the equipment -- are we able to take most of the equipment out and put it in that? Stokes: Yes. That's my understanding, that most of the equipment we can transfer to the new vehicle and we are buying -- the way I understand this -- exactly the same thing, a Ford Explorer hybrid. So, it should be pretty close. Hoaglun: Okay. Thank you. Simison: And I will be here next week? Stokes: Maybe next year. I don't know. Simison: Okay. Council, any additional questions or do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we approve the budget amendment in the amount of 52,000 dollars for the Unit 119 vehicle replacement. Perreault: Second. Simison: Have a motion and a second to approve Item 22 in the amount of 52,000 dollars. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ACTION ITEMS 23. Public Hearing (Continued from June 28, 2022) for Centrepointe Mixed-Use MDA (H-2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. A. Request: Development Agreement Modification to modify the existing development agreement (Villasport, Inst. #2019-060877) for the purpose of updating the concept plan and provisions to construct Meridian City Council July 12,2022 Page 8 of 33 a mixed-use development consisting of commercial space and multi- family development in lieu of an athletic club and spa on 11.17 acres in the C-G zoning district. Simison: Moving on to this evening's Action Items. First item up is a public hearing continued from June 28th for CentrePointe mixed use MDA, H-2022-0035. We will continue this public hearing with comments from staff. Dodson: Thank you, Mr. Mayor. Good evening, Council. I would like to note on your hearing outline I forgot to change the dates on the possible motion, so don't repeat exactly what it reads. It still says June 28th, so -- just a quick refresher. This project is located near the southwest corner -- essentially surrounding the southwest corner of Ustick and Eagle Road. At the previous Council hearing two weeks ago there was a lot of discussion about the parking in the center of the development for the proposed future multi-family use. There is a lot of discussion about making the center area self park and, then, removing the parking on the west side west of Centrepoint Way. The applicant responded by proposing this revised concept. So, just quick kind of back and forth. See what catches your eye. The applicant removed the four story from all the buildings in the center. The three buildings in the center. And, then, included a new two story building along the west boundary of similar design and function. But it is two stories. So, then, you have the two story building on the west, everything self parks there with the carports and the open surface parking on the west side of Centrepoint. Then you have the three buildings in the center, which is also self parked according to the applicant and, then, everything on the east side is well in excess. So, it's hard to see on this, but 304 stalls are required here, 304 are provided, and, then, on the east side you have -- I think it's 59 or 60 stalls and nearly 120 are provided. It doesn't look like it, but I did count them and that is accurate. The main points that I wanted to discuss were just these two things. I would recommend if Council approves this to strike staff's recommended provision C.6, as the applicant has made the revisions and, then, add a new provision with the potential of the buildings being moved forward and going to the CUP next. I do understand that the applicant has pictures showing new renderings of what the three story buildings will look like comparative to the four story. But it is my understanding that they are all three stories and below. I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Joe, in reading the packet there was a -- a new letter that came from -- I believe a Mr. Grant and he talked about a masonry wall that had been agreed to by prior applicant and they want to see a -- a masonry wall with this project as well. Has there been any discussion about that? Meridian City Council July 12,2022 Page 9 of 33 Dodson: Councilman Hoaglun, there has not been any discussion. My understanding with the applicant -- because it's been asked by Council and I think it was brought up in other discussions with the neighborhood meetings the -- my understanding is the applicant doesn't have any issue with doing that and they are providing a 25 foot buffer as well, which is not required by code. So, we can add that as a provision as well if Council would like with your motion. But I did not specifically discuss that with the applicant, no. Simison: Council, any additional questions for staff? And, then, I would invite the applicant to come forward. You are recognized for up to 15 minutes. Nelson: Thank you, Mayor. And, Joe, you -- we have got a presentation there if you are -- thanks. So, Mayor and City Council Members, Deborah Nelson. 601 West Bannock Street in Boise. Here on behalf of the applicant MGM Meridian, LLC, and I am actually just going to be here to help drive the presentation and answer questions, of course, and also have Brandon McDougald here with me from Kimley-Horn in case you have questions for him. But Mike Maffia is going to join us remotely and make a presentation. He was sorry he couldn't be here in person, but he had a long scheduled family vacation that he had to drive to Wi-Fi access to present to you. So, he's making a big effort to be here in the way he can. So, I will -- I will drive and -- and he will join by Zoom if you are able to add him in, Chris. Johnson: And he is able to unmute anytime. Maffia: Great. Can you -- can you hear and see me? Simison: We -- we can see you and just make sure you speak close to the mic. Maffia: All right. Good -- good evening, Mayor and City Council Members. Thank you for your time this evening. I just want to follow up on -- on some of the points Joe made following our previous meeting. We went back to the drawing board to address the Council's concerns of self parking kind of each pod, really focusing on the area between Centrepoint and Cajun and, then, really working hard to see what we could do with that area west of Centrepoint and those were the kind of primary objections and we went back and -- Deborah, if you could move to the next slide. What we -- what we did is we shifted the three large buildings to the east. We lopped off an entire floor, which is about ten -- 10.2 feet and one thing we did is we removed that interior drive aisle, so now we have this kind of self-contained amenity space and, actually, like Mr. Dodson's solution, I think there is some benefits. It's -- there is less conflict zones with drive aisles. It's probably -- it's more intimate and -- and I think from a security standpoint it will have some benefits. So, I think that is a nice solution there. And they are -- they are smaller scale buildings that I think help with that transition. We -- we updated the renderings in the sections, so you could see that, because those were comments, but I think it also addressed -- we also -- to resolve -- address the concern of the large parking field to west of Centrepoint, we added a low two story building there with a -- with a buffer between the residents and I think that will -- not just the landscape buffer, but the building itself will create a nice Meridian City Council July 12,2022 Page 10 of 33 buffer to the traffic. So, these three pods now self park and -- and, actually, west -- from the east of Cajun now has 60 surplus stalls, which in working with Joe there has always been comments about having extra parking and that will give us a nice kind of surplus on that side of the equation. Just one quick comment. You know, from multi-family development, four story buildings, they have a great deal of efficiency to operate and so this was -- you know, we lost about 18 percent of our -- our -- our units and -- but we are fine doing that as a concession. And, you know, hopefully this -- this addresses the concerns. Yeah. This just kind of illustrates the -- the lower building that we have lost, the ten plus feet. I think we were well screened before this -- this -- be improved from that and the subsequent section shows the two story apartment building. This is the -- the building west of Centrepoint to -- to Leslie Drive residents and, then, here are the updated renderings and, you know, I feel -- it does look more nestled into the site and lower in scale to help with that transition. So, that's -- that's my -- that's my summary and we worked really hard on this and glad to answer questions that you may have. Simison: Thank you. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: On -- Mike, you had mentioned the -- the 18 percent less --fewer--fewer units. Is that just for the center three or does that include even adding the -- the two story to the west? Maffia: That -- that's net on the whole project. Hoaglun: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Mike. I -- maybe I missed it, but there was a comment that was provided. Are you going to extend the masonry wall on the west side? Maffia: I would be glad to do that to create, you know, an additional sound wall buffer. Strader: Thank you. Simison: Council, any additional questions? Okay. Thank you, Deb. Thank you, Mike. This is a public hearing. Mr. Clerk, do we anyone signed up to provide testimony on this item? Johnson: Yes. Janet Bailey. Meridian City Council July 12,2022 Page 11 of 33 Simison: And if there is anybody online that would like to provide testimony, please, use the raise your hand feature, so we can bring you in as well. Bailey: Good evening, Mr. Mayor. Simison: Good evening. Bailey: Council Members. Once again I wanted to drive around the neighborhood -- Simison: If you could state your name and address for the record. Bailey: I'm sorry. Janet Bailey. 2925 North Centrepoint. Simison: Thank you. Bailey: I drove through the neighborhood, because of this traffic issue that it -- from these drawings it's not going to fix it. That west parking lot -- everybody -- again, I -- I -- I feel like a broken record, but everybody speeds from Ustick on to Centrepoint. If they have people crossing there is going to be a bigger mess and when I -- last time I was here I said that we were the traffic study. I meant that we are living that. We see it. We -- or they are seeing and going through this. There is so much traffic and Ms. Nelson last time did -- she had said there is no thoroughfare through there. Yes, there is. If you go straight down Centrepoint you can go around and around the edge, come out by discount tire, which makes just a -- more of a speedway down Centrepoint. I drove through over by the homes on -- the new ones behind Jimmy John's, both of those, and people are parking on the curbs. So, there is only room enough for one. Coming down Centrepoint they are parking on both sides of the street. There is only room for one. So, when you bring in all these extra parking spots it's going to flow into the neighborhood. We do have a walking path and now the foot traffic back there has increased. With all those people in those apartments there will be increased dogs. We have issue with dogs off leashes and dogs making a mess that nobody picks up. It's a big problem. So, the influx of foot traffic, more people doing the walking path, it's going to be a bigger mess and, then, one quick question. Are these upscale apartments? Are they luxury apartments or are they part of the affordable housing that's going on in Meridian? I mean -- I mean they look pretty generic to me. They don't look like they are upscale. They just look like apartments, which I think that could affect the values of our homes, which is our retirement homes. There is a lot of retired people in there. So, I'm -- I'm just really passionate about maintaining a lifestyle in there that I thought when we moved in would be, but it's -- it's slipping away with all this added traffic and people, so I just want to clarify. I -- I really am curious as to what type of apartments these are. I think that will carry a lot of weight. Simison: And we will let the developer speak to that. Bailey: Okay. Thank you so much for your time. Simison: Council, any questions? Thank you. Meridian City Council July 12,2022 Page 12 of 33 Johnson: Mr. Mayor, online is J.R and, J.R., you can unmute yourself. Scofield: All right. I will. Thank you, Mayor and Council Members. I really appreciate the chance to speak. First I would like to thank Councilman Perreault and Councilman Strader for their thoughts and their-- on the last meeting and feeling like they are standing up for our community. I really do appreciate you guys on that. And all of you as a rule I do appreciate you guys. I also wanted to thank Mike for taking the time to redesign your concept and going to the three -- three story units in the middle, instead of four. That -- that is much more plausible for the neighboring community. I do want to take exception to having -- where I do backup to -- directly to the new two story unit. That puts that entire upper row of units -- everyone of them staring directly into my backyard. Originally just -- I was told 12 years ago when I bought this property this property was going to be commercial -- nonretail commercial. Not residential, but nonretail commercial. So, that was what I understood by this. This is what I was -- I bought property as. Having apartments in my back door-- backyard is going to greatly reduce the value of my property and the salability. The vast majority of people that are going to buy nearly a million dollar property are not going to want to have apartments staring in their backyard. And I also agree with the traffic issues. Those will continue to get worse. The safety of the kids. All that nature. Again, this has all been discussed prior. I do appreciate that and for the remainder of it I will yield my time if anybody has any questions. Simison: Thank you, J.R. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Hoaglun: J.R., I was just looking at the lineup of that section with your lots and it looks like it only lines up to about two lots. So, what are the sizes -- approximate sizes of those lots, yours and your neighbor? Scofield: Mine is -- are you talking on linear footage on the back edge? Back line? Perreault: I'm sorry, say that again. Scofield: Are you talking linear footage on the back line of my lot? Perreault: Yes. Or just the --just the acre is fine. Scofield: Mine is right -- basically right at an acre. The neighbor to the north of me is approximately three-quarters of an acre and so I have about 200 -- roughly 250 feet of back frontage right there that directly aligns with this property. Perreault: Okay. Meridian City Council July 12,2022 Page 13 of 33 Scofield: And that's -- that puts the vast majority of that complex staring directly into my yard. Perreault: Thank you. Scofield: And -- and even with the 25 foot buffer that is not -- they are still going to be there, even with a wall, with everything else that's been proposed, there is no way to avoid that line of sight on a two story unit right into my yard and you can see that on -- the other homes going to the south that are two story homes, those homes with the wall and a much greater setback of around 80 feet, has actually have direct line -- direct line of sight into everybody else's backyards. But on a residential on a home you are talking a couple windows, you are not talking several units. Simison: Thank you. J.R., just for the record, were you able to give your name and address for the record? Scofield: Sorry, Mayor. I forgot to do that. I'm Jared -- Jared Scofield. 1566 North Leslie Way. Simison: Thank you. Council, any additional questions? Okay. Thank you very much. Is there anybody else that would like to provide testimony? Okay. And if you are online use the raise your hand feature, please. State your name and address for the record. McKinney: My name is Wendy McKinney. I live at 6173 North Silver Elm Way in Meridian and I have a presentation he is going to pull up. Simison: Mr. Clerk, if you can stop the time until we get the presentation pulled up. McKinney: Can you go to the third slide? Thank you. All right. So, we see the new and the old designs here. I think it's wonderful that they have dropped the height of everything and that is very useful, but there is some other issues. Next slide. Thank you. So, we see the parking has changed quite a bit and there is -- there is a lot of benefits to that, but we all know that typically a two bedroom apartment that has more than two adults has three cars and so it's going to spill into the neighborhood. Next slide. This is kind of a crazy -- I tried to get it right, but it's not completely right. If you can see the one on the left, this is what J.R. showed me -- he's the HOA vice-president. He wasn't able to be here tonight. But this is one of the biggest issues we have here and no one's addressed it yet. These are private roads paid for by the HOA. The residents and the businesses are all paying for all of these roads south of this huge apartment complex. Now, we all know that none of them will ever use any of these private roads once they are there if it's a gated community. If this builder would like to put in a gated community to protect all of their private roads, I think the residents would be fine with that. The one on the left isn't quite as good as the one on the -- on -- sorry -- the one on the right isn't quite as accurate as the one on the left. So, you see on the left there is ACHD, it goes all the way straight down and, then, comes around, right, and, then, you can go out there. Great. Unless these inner ones are protected those roads are going to be paid for by taxpayers. That's Meridian City Council July 12,2022 Page 14 of 33 an unfair tax burden. That is completely and totally an abuse of the rights of this situation. So, next slide, please. Please address that. Sorry. I don't know how to erase that. So, parking overflow into the neighborhood. Traffic is going to be increased beyond its capabilities. Privacy overlooking fences. We already talked about. Schools are already overcrowded. There has been some letters into you about that. Safety. If you have a lot of older people and young kids in here are they going to jump on their bikes and go across Eagle to get to the park? They have to have enough space there to play and to enjoy their apartments. Next. Next. So, the COMPASS actually gave some recommendations. I'm sure you looked at those. On the 30th. They asked for better parking and some of that has been fulfilled. Next. And, then, they asked for bicycle parking and to have the bus jump in. If you can just go two down. So, we just appreciate your help, City Council, to help the average taxpayer who vote for you to help us understand how to make this a safe, cohesive community. We want them to build on their land. We want them to be good neighbors and we want this corner, which is going to affect all of Meridian, to be safe and a good place for people to live. Thank you. Any questions? Simison: Thank you. Council, any questions? McKinney: Thank you for your time. Simison: Thank you. Johnson: Mr. Mayor, next is Joe. Joe, you can unmute yourself. White: Can you guys hear me? Simison: Yes, we can. State your name and address for the record, please, Joe. White: Thank you. My name -- my name is Joe White. I live at 1598 North Leslie Way. Appreciate you giving me the opportunity to speak with you guys on the Council, Mayor, and Mr. Mike Maffia. I don't have a ton to add, other than I am the neighbor to the north of J.R. Scofield and we moved in about the same time as them and I share all the similar concerns that he has, where we are going to have way too many people gawking in our backyard. It's going to create a situation I see with --with schooling. These kids I assume will go to the same place as my children go and I don't see a great way for them to get to that school. I could see them hopping fences through our properties, which I wouldn't have a problem with, but it could be -- it could end up causing a situation down the road. I'm not opposed to necessarily some sort of residential housing development being in that area, I just think it needs to be designed a little differently and I -- and I agree a hundred percent with J.R. We were told this property behind us was not going to be zoned that way and I'm honestly concerned with -- with having that many residents, you know, in my backyard. So, I appreciate your time. I just wanted to add my -- my voice of approval with J.R.'s. Simison: Thank you. Council, any questions? Thank you, Joe. Is there anybody else that would like to provide testimony on this item at this time? Nope? Meridian City Council July 12,2022 Page 15 of 33 Johnson: We have one more. Idaho Wildflower. You can unmute yourself. Vrba: Hi. My name is Julie Vrba. I live at 3005 North LeBlanc Way and can you hear me okay? Simison: Yes, we can. Vrba: Okay. Thank you. I appreciate the opportunity to -- to give my voice here. One of the questions that I had was along Picard there is currently a fence that has been put up by our subdivision and I'm wondering if this new apartment complex is going to help maintain that fence or if they are going to be putting up their own fence in conjunction with that, because that's an additional expense that we would be concerned with and, then, we were also wondering about the color scheme that's going to be for these apartments. Are they going to be kind of in line with what's currently going on in the subdivision -- or in the area or are they similar to what's kind of going on over by The Village? Some of the darker colors. That was kind of a concern that we had. And, of course, the traffic is a concern for us and Centrepoint, because there are cars that speed onto -- from Centrepoint on Picard and they run the stop sign there right by -- in front of our house all the time. We have got Jimmy John's that goes through there and I could sit all day and watch how many times Jimmy John's goes through there and they just kind of--they don't stop, they do kind of a hesitant type of look and, then, they go. So, I could just see that being more increased traffic with members of the apartment complex and that's basically all my concerns that I had. Simison: Thank you. Council, any questions? Okay. Thank you very much. Is there anybody else that would like to provide testimony? Online use the raise your hand feature or in the audience? Seeing none, I will invite the applicant to close. Nelson: Thank you, Mayor, Members of the Council. I will make a few points and, then, Mike can jump in if he's got additional points to add. It's -- it's -- I think maybe the primary point that we have heard from all of the commoners is about -- is about traffic, so I will start there. Obviously, by reducing 18 percent of the units we have significantly reduced the -- the traffic impact on the neighbors and in particular, you know, we talked about this pretty extensively in the last hearing, but part of what the traffic analysis did was look at what the impact of potential cut through is on an adjacent neighborhood as is appropriate and determined that that was minimal. Centrepoint is a public street. Cajun is a private street going through our development and so the neighbors do come through our development as well to access their property and our site will have access out to Ustick and has all of the access they need legally and to serve emergency use and, again, the traffic analysis found that there would be minimal cut through to the south. But overall lower traffic from this -- this change here. As to the -- the -- the apartments, these will be market rate apartments, not affordable housing. They will be attractive. As you can see from the renderings and as there was a lot of testimony during the last hearing that these are highly amenitized and quality developments with extensive buffers and landscaping and -- and really a fine design on the leasing office to try to bring something forward to the street there with Ustick. Looking to the -- the comments to the west, the City Council Meridian City Council July 12,2022 Page 16 of 33 did ask for us to have something there that wasn't just parking, which is -- seemed appropriate and Joe, working with staff, was very clear that that should be capped at two stories as you can see from his condition of approval. So, it is a compatible use to the west. Maybe a fact that's really important to have you understand is that our building will be over a hundred feet from the closest building. So, not only are we providing that 25 foot setback on our property, that as Joe noted wasn't required by code, but the existing buildings are set back 75 to 80 feet. So, it is a significant buffer and because it's only two stories the trees that will be planted in our significant landscape buffer will provide screening, so that the neighbors to our west don't have homes looking down on them. It will be a compatible height at a significant distance with significant landscape buffer in between. As far as there was a question about the color scheme, I think that's shown -- at least illustrated. Obviously, this has to go through a conditional use permit process and design review process, but we did provide renderings to give some analysis of it -- or some visual to the community and the Council of what these might look like and they -- they are very attractive. So, with that I would see if Mike has anything he wants to add. Maffia: Great. Thank you, Deborah. I think I would just add briefly that, you know, I'm not a production builder. I do a limited amount of projects. I do quality work. I care a lot about creating authentic experiences. We do that with good elevations, quality elevations. The color palette on this is, you know, kind of historical colors. But the vernacular is more of a modern Craftsman that I think blends well. We have decided not to go with the flat roof. We felt the pitched roof was -- you know, related and responded better to the residential. So, these are things that we care a lot and think a lot about. The landscaping we will -- we will try to, you know, emulate and reflect that high desert landscape that so many people, you know, live and appreciate in this area and, you know, those are the details that create a great experience. There will be a lot of amenities in this development. So, those are just, you know, some of the -- some of the items I think about and to address some of the feedback on design and, Deb, I think you touched on -- on some of the -- a lot of the comments. One point on the traffic. This was a -- did reduce I think over 1,900 or -- 1,900 trips a day from the previous use, which was a reduction of 40 percent and, you know, I know it's -- you know, they are not always the most reliable accurate tools, but it's the best we have and it's -- it's a pretty substantial reduction. So, thank you very much. Appreciate your time this evening. Nelson: With that we -- we would ask for your approval. We are in support of staff's recommended conditions and stand for any further questions you have. Strader: Mr. Mayor? Simison: Thank you. Council, questions? Council Woman Strader. Strader: Thank you. Thanks, Deb. Thanks, Mike. Appreciate the modifications. I feel like this is getting a lot closer to the scale that's appropriate for this location. In terms of transition, appreciate the landscape buffer. Appreciate that the west side building would be two stories. Can you talk to me about the trees? You know, when we plant new trees in developments they are really small. They are not going to screen very much. Do you Meridian City Council July 12,2022 Page 17 of 33 guys think you could put some larger caliper trees -- some more mature trees or something that would provide the neighbor with more of that landscape buffer earlier than waiting for like little tiny trees? Thanks. Maffia: I -- I can speak to that. There just seems to be about a happy medium where too small it takes years to adjust and start producing healthy growth and, then, some of the larger containers take longer to stabilize. You know, we found that 18 to 24 inch boxes is where you kind of maximize caliper, but also growth rate. So, we would consider planting larger caliper size boxes to address that concern to get some evergreens to screen to the neighbors. So, yeah, I -- I have -- I have done a lot of research work with arborists on this particular issue and, you know, in the past we have -- we have gone too big and, then, they sit there and they don't grow for years. Smaller healthy trees, you know, in the appropriate size box tend to grow faster, so -- Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: On that point -- and this has come up in previous conversations with previous projects -- I have had discussions with parks and rec about this and they said that if you plant more than a three inch caliper tree at the initial setting chances are it's not going to -- like Mike said, it's not going to grow for a long time or it may even die. So, he was recommending to me that -- to be careful on pushing like, hey, let's put a ten inch caliper tree from the forest right here and hope that it continues to grow and survive. So, I just wanted to point that out for Council. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, Joe, with three inch caliper trees, five feet, six feet tall to start -- what's the height of the building -- that two story building on the west side? Dodson: Mayor, Council Member Perreault, I can answer that question. The -- the building up to the peak of the roof, a two story is 29 feet four inches. Perreault: Okay. I have one more question if -- Simison: Council Woman Perreault. Perreault: So -- and -- and if Joe can answer this or -- or the applicant or both possibly. With these two -- with the -- the current use to the west, which I don't know if it's in the county or in the city and what we have on our Comprehensive Plan for this property, what would be an appropriate transition? Do we have any code related to a transition from this use to the neighboring property, especially if it's in the county? Meridian City Council July 12,2022 Page 18 of 33 Dodson: Mr. Mayor, Council Woman Perreault, the -- those two lots -- most adjacent are actually R-2, so they are in the city. The rest of that subdivision does appear to be in the county, though. Well, there is one little pocket in the southeast corner. Code does not, from my understanding, speak to the transition. There is no requirements in code. However, the Comprehensive Plan speaks with -- about it quite often. Initially when the applicant discussed putting apartments there, you know, to help some -- recoup some of the ones lost, they were hoping for three story and I said good luck and I think two story -- two stories everywhere, you -- townhomes were discussed last time. Nobody builds one story townhomes. I just -- I -- I literally have never seen it. I -- I don't see everything, obviously, but it's been a bit of imagery I have seen of the homes here. So, I think that two stories is an adequate transition. I mean I know that there are larger lots, hundred percent, I get that and when you have the number of units to that -- I mean through design with the applicant we could work -- if Council wants to have another provision to minimize the windows facing west, I think that that's plausible. I don't know how that would necessarily work, you know, quality of life for the apartment residents, but I know there are ways to minimize some of those things through adequate design. Obviously, landscaping is the best screening method both for noise as well as visual, but that does take time. I do agree with that. We could definitely work with the applicant to ensure that that buffer is planted well in advance of that building being constructed to at least help initialize some of that growth in the area. But transition wise I do believe that minimally the height -- I -- I can't say I have qualms with that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, I guess the question for you, Deborah and for Mike, would you guys be amenable to starting the landscaping process before construction to sort of give a head start to the -- the buffer there? Would that work? Nelson: Mr. Mayor, Council Member Strader, I will -- I will let Mike kind of weigh in. I can just tell you from a practical construction development standpoint it's often problematic to plant trees and, then, go grade a site for construction and so there is some practicality to it. But as far as within reason of, you know, that it makes sense the landscaping would survive and you have got the site graded and --then I will let Mike respond to that question about earlier fronting of landscaping. Maffia: I'm probably one of the few developers I know that actually go to the tree nurseries and select trees, because we could, you know, tie our hands to three inch caliper, but it's -- it matters about the health of the tree, the specimen of the tree, who is the producer, what's their history and what's their reputation. You know, we could plant them early, but oftentimes, you know, you have conflicts with construction and they are damaged. So, yeah, it would satisfy -- satisfy a condition. I don't know long term if you are going to get the -- you know, the maximum growth out of -- out of a young tree by doing that, so -- and I just don't know if it really accomplishes the goal. I think it checks a box, but oftentimes I just see trees damaged, especially if you are building that wall, you are going to have a Meridian City Council July 12,2022 Page 19 of 33 footing -- a concrete footing, so to get in there to excavate, to form, I would say there is a high likelihood you are going to damage trees. Strader: Mr. Mayor? Maffia: I do think it's a good -- I think it's a good buffer residential to residential and the two stories, you know, could be -- we looked at office and just -- just this feels more appropriate, a more natural relationship. Simison: Council Woman Strader. Strader: Thank you. Yeah. I -- I understand what you are saying. I -- I don't know that we need a condition like specifying the caliper trees or I -- I think it's more just, you know, an understanding. I -- I feel like we are getting to an understanding that you will try to find a species of tree that will grow the quickest, that will provide the best transition with the neighbor, that, you know, you will plant the trees as soon as it's viable and functional. I don't think we need to necessarily create a bunch of conditions. You know, I'm -- assuming as a long term real estate developer that you will be doing business here in the future and we are going to trust you to do the right thing. I just want to know that you are saying, yep, that's what I'm going to do, I'm going to make sure to do my very best to plant the trees that are going to grow quick, that are going to look good as soon as I can. That's just what I'm looking to hear. Not necessarily a -- I don't think we are going to create a bunch of conditions to get to the right place. I think just -- I would like to hear you affirm what I just said. That's it. Maffia: No. Council Woman Strader, I definitely affirm what you said and I'm very passionate about landscape. I work very hard on how I select our trees and the species and how they relate to the environment and just -- yes, of course, finding the best, healthiest species that are coming out of quality nurseries and, then, maintaining those trees. You know, I'm on my sites frequently looking at the landscape and I'm a very hands- on operator. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: That's perfect. Thank you. I appreciate you saying that and I -- I can tell you do take a lot of care and a lot of attention into that and just as a general comment for the neighbors, I mean this does appear to be -- at least appear to be and I -- I have faith that it will be a very high quality development. This looks very upscale. It looks like there is a lot of thought being put into the landscaping and the amenities and I -- I think it's a much better fit now that it's three stories and two stories on that west side, as opposed to the four stories that initially showed up. It looks like the parking makes sense. So, I just want to say I appreciate all the changes. I know you had to make a lot of changes and that does impact your bottom line, but I do think that this is a better fit. Thanks. Meridian City Council July 12,2022 Page 20 of 33 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Deborah, I want to make sure I understood what -- something you said when you talked about the setback on the two story and that it was -- I think that's at 25 feet instead of I think 15 is required. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Multi-family is ten foot setback from property line. Hoaglun: Thank you, Joe. And, Mr. Mayor, continue with Deborah here. So, you are increasing that significantly, but, then, you mentioned something about the buffer, you know, in addition to landscaping. But I was trying -- curious, I think you have got the house, you have got the setback and, then, you will have the masonry fence. Is that how that works in the back? Nelson: Mayor, Council Member Hoaglun, yes. The buffer on our side is that 25 feet that will include the additional screening that you have described. The practical just point of noting is that we also are 75 to 85 feet between the existing property building and the property line. So, putting those together is over a hundred feet of buffer, which is significant, you know, and -- and certainly helps as that landscape is growing and maturing. Hoaglun: Okay. Got that. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. So, the structure itself there on the west side, is it going to have balconies that overlook the properties to the west? And I guess I don't -- the trees are a factor for me. However, if they are deciduous -- if they are fast growing they are typically deciduous -- deciduous, in which case they are not -- there is not going to be leaves half the year anyway. So, may or may not be great buffers depending on what's planted. But are you planning on -- on increasing the -- so, first question, are there going to be balconies? Second question, are you planning on increasing the number of required trees and/or vegetation? And I'm not saying that you should, I just am asking if you are. And, then, third, was there any -- any -- I guess I can't think of the word. Did you attempt to maybe put the parking on the very west side of the building and have it come behind the building and -- and move that building towards Centrepoint? Imagine you went through a variety of different options as you were changing this. So, if you could share your thoughts on that as well. Meridian City Council July 12,2022 Page 21 of 33 Nelson: Mayor, if I could ask staff -- would you mind pulling up our presentation again? Because I think looking at the cross-section to that west side could be helpful as we talk through that issue, so we can kind of illustrate the distance we are talking about and, then, to start addressing those questions as best I can and Mike can jump in. I don't know that we have a -- a landscape plan that's exactly mapped out yet, since we are not at a conditional use permit level yet, so -- I mean we can just talk about what's proposed and what's showing here. So, this I think helps illustrate the -- the distance. Obviously, that's with mature landscaping. But I mean you have got complete screening. As far as balconies, you know, the city does have a -- a minimum 80 foot square foot private open space requirement for all units, which makes -- which is great, because it makes these units livable. These are residents of your city, too, and so they will have that -- I presume and Mike can correct me if I'm wrong, those would be on the backside and that they would enjoy that space there off their balconies. And Mike can speak to the -- the site plan iterations if-- if they considered the parking in the back. I think from --from my perspective I would just suggest that's not great buffering to a neighbor when you have got headlights and cars, as opposed to a building that blocks the street. But whether that was even feasible there when you have got parking that is along the street, I will let Mike address that comment. Maffia: I guess -- so, I mean the -- the --for sure -- certainly want to plant evergreens and try, you know, some -- some deciduous to have a nice mix of fall color. But certainly evergreens, too, to have some permanent screening. Yeah, just to expand on Deb's comment about the parking field, we do try to avoid it or at least feel that the buffer and the building serves as a better barrier. You know, avoids excessive idling and emissions, car alarms, potential crime, things -- things of that sort and, then, with respect to the balconies, yeah, we have the 80 foot per unit requirement. I do have our architect on the phone -- or on the Zoom, so he might be able to speak to it in greater detail, but there will be some balconies, too, to the west. Dodson: Mr. Mayor? Mr. Mayor? Simison: Yes, Joe. Dodson: Yes, sir. To speak more on the site plan to put -- if they put in the parking on the west side, I don't see how they would meet fire code just -- and/or ACHD, because you are going to have to have two points of access to Centrepoint Way. Because I thought about the same thing when I first saw this. I was like, well, why can't we just flip it, but they won't meet the offset requirement to the intersection of Centrepoint and Ustick at the north end and, then, you can't just have one access, because now it's going to be more than 150 feet. So, it just -- functionally I don't see how it would work physically in the world, though I understand your point, Council Woman. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council July 12,2022 Page 22 of 33 Perreault: Thank you. I appreciate that. Yeah, I didn't have as much concern about vehicles being on the very west side in this case, because there is going to be a masonry wall there as far as headlights and whatnot goes. There will -- there will be a nice barricade. But I just thought that might add some more visual buffer space between the existing homes and -- and the balconies, so can -- I just wanted to ask a question about Centrepoint Way. Showing on the new rendering there is approximately 30 feet across that the -- is there a plan to put no parking signs along that section, given what is happening with Centrepoint Way to the north of Ustick. It is challenging to get through there and I'm wondering if that's something that the -- the applicant has had a conversation with ACHD about. Nelson: Mayor, Council Member Perreault, I'm not aware of that discussion happening with ACHD. Mike or Brandon can correct me if that's wrong. But we are not planning parking along there and if ACHD were amenable to it I don't know why we would care about no parking signs. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I would appreciate that. I think -- you know, 30 feet is not that much when you have two vehicles on either side and you have two way traffic, you are going to have stacking there. What's the -- the distance between Ustick and the property line to the south on Centrepoint? Nelson: I'm looking to our civil engineer for this. McDougald: Good evening. Brandon McDougald. Address 1100 West Idaho Street in Boise. I -- I don't have the exact dimension here, but I'm going to speculate as best I can based on the scale of the drawing. So, I think your question was what's the distance from Ustick to the south property line along Centrepoint. It's -- it's going to be somewhere around 300, 350 feet. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: And the expectation would be that cars would hopefully not line up past the -- the intersection of the entrances to the two buildings, which is 150 feet or so. So, how many vehicles can -- can stack in the -- making a right onto Ustick? How many vehicles can line up there? McDougald: Approximately eight plus vehicles. But you have got a dedicated right and a dedicated left, so you could -- technically I guess you got 16, depending on which direction they are going. So, on Centrepoint there is going to be dedicated right and left and -- and -- and, then, a lane to head north? So, three -- Meridian City Council July 12,2022 Page 23 of 33 McDougald: Yeah. I believe at the intersection it is currently stripped with a dedicated left and a dedicated right. I don't know that that continues all the way. It wouldn't continue all the way down Centrepoint. Probably for about a hundred feet at least. Perreault: Okay. Nelson: Mr. Mayor, may I add on to that response as well? Council Member Perreault, would also point out that the access points were evaluated with the traffic analysis, too, and we have lowered our density and so the overall use of that intersection will be less and it was found to be functional. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: To further that point, I -- again, I understand Council Woman Perreault's concerns there. I have concern whether this is approved or not approved and with the previous use I don't see that access point going east-west across Centrepoint changing at all because of the requirements of fire to have 150 feet -- no more than 150 feet in any kind of parking or having -- they got to -- have to meet offset requirements for ACHD, because I was going to show this and I guess I will to make sure that we are all on the same page here -- about which roads are private and which ones are public. So, this is the site currently, give or take, and this is an aerial imagery from a few years ago. The public road my understanding is this loop road that goes around here -- this is the public. Maybe not way here and, then, this is private, private here. Centrepoint is public road. So, they got to meet the offset here and to Ustick. So, I don't imagine that that access point is going to change to help with the stacking, unfortunately. I think ACHD would not allow it, really, to be pushed any further south, though we can ask because, again, ACHD won't comment on MDAs, but they will send a staff report with a CUP and I can have those discussions with ACHD as well and I don't believe Centrepoint is wide enough to have on-street parking currently as the commercial collector, which I agree -- I don't think we want that and the applicant is not proposing that either. So, I -- I will work with ACHD for sure to help facilitate that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: How then does that get restricted, because ACHD won't put up those no parking signs; right? We would need to ask the applicant with the DA to do so. Dodson: Council Woman Perreault, it's probably going to be --we could require it through the DA, but I know ACHD and Fire Chief Bongiorno worked really well together on these types of, hey, let's sign this no parking, fire lane, kind of thing to help out and I haven't seen ACHD say no to that and because this public road is -- it is where it is and it's not really extending, as Deb said a thoroughfare through another subdivision forever and Meridian City Council July 12,2022 Page 24 of 33 ever, like most local streets, I don't see that they would have qualms with that and I don't see fire having qualms either. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have a question that I'm kind of more curious about. Is there any precedent for ACHD working with a neighborhood to turn a private road into a public road? Do we know -- has that ever happened? I mean this -- it just occurs to me that East Picard and Seville are going to be taking on a lot more traffic than I'm sure was originally thought. Is there any -- has there ever been an example of that happening? How does that work legally? I'm looking everywhere, because I'm -- I don't know who should answer this question. Maybe legal. Dodson: Mr. Mayor? Simison: Sure. Joe. Dodson: Thanks. My understanding ACHD puts this in their staff reports every single time there is private roads proposed about if they are going to future -- in the future be requested to be public roads they say that additional right of way has to be dedicated and they will have to be constructed per their standards. I don't know of where this has happened, but they will require those things. So, my understanding is that the HOA who maintains and operates the private lanes would have to go to ACHD and start that process. It is not a process I believe would involve the city when it came to that. But Mr. Nary could speak to that. Nary: Mr. Mayor, Members of the Council, I can basically piggyback on what Joe said. can't recall ever seeing that, mostly because, again, they are constructed -- when they are constructed they don't meet the standards, they don't always have sidewalks and other things on them because of that and they are proposed as gated communities sometimes in the past, sometimes not. So, that was a decision point made by the developer 20 years ago when they -- when they annexed. So, I agree with Joe, I think it's pretty unlikely just because of the construction standards that would be necessary. You would end up having to remove yards or houses or, you know, parts of house -- parts of lots. I -- I don't think it's very feasible. They could certainly look at gating them and that's another--- applicant -- the HOA could make, but I don't know what the standards or requirements that ACHD would have to do that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. So, different follow up. So, if -- if this subdivision wanted to become a gated community, what would the process be? I mean is there a process in the city for Meridian City Council July 12,2022 Page 25 of 33 them to apply to do that? Usually we see them come in that way and I know we have pretty specific requirements around gated communities. It's not something that we really encourage. I think we really believe that the connectivity is extremely important as a city, but if a subdivision were to aspire to -- to gate themselves later, how -- is there a process for that? How does that work? Nary: Mr. Mayor, Members of the Council, Council Woman Strader, I -- I don't know that there is. I mean we have a miscellaneous application, so it definitely would have to go through ACHD as well. Have to be reviewed by the fire marshal. I mean, obviously, there is a lot of standards that would have to be met to take private streets and now put gates on them instead, but I don't know that it's impossible to be done. I can't recall that ever happening, but I don't know that it couldn't be done, but that's -- again, the HOA has to be the one to apply for that. Strader: Thanks. Dodson: Mr. Mayor? Sorry, Mr. Mayor? Simison: Is this about the MDA application that we are focusing on in front of us this evening? I don't want to take us too far off down a rabbit hole about what others can and can't do in an area that really doesn't, in my opinion, have -- I don't want to speak for everybody, but I just want to stay focused on what's before us today. There -- there still has to go through the -- Dodson: CUP and CZC. Simison: -- CUP and -- yeah. There is other processes for a lot of these details that we are getting into. I know it's -- it's a -- it's a -- I just want to make sure we are staying focused on the thing in front of us or for what we are here to do this evening. So, Joe, if -- Dodson: I recant. Simison: Okay. Borton: Mr. Mayor? Simison: Not that they are not good questions, just -- I don't know how much they would weigh in in a review in the future. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To kind of steer onto this applicant, I -- I remember this exact discussion when this was approved, by the way, and the pros and cons of private streets and the reason Meridian City Council July 12,2022 Page 26 of 33 that there was that little hook in Bourbon and Picard trying to balance those interests and when you take private streets and build them to different design specs, because that's what you want, this is what can happen down the road. But this -- this was all done eyes wide open, knowing these challenges were going to come. So, couple comments and, then, a question for you, Deb. The public is spot on in their question and concern about traffic. You know, we all --we just -- we lose sight of the fact that it's, you know, comparing against a grass barren field versus anything is going to increase traffic unfortunately. So, I look at it similar to how it's been presented, that--that the traffic impact of this application is -- is a certain reduction in any of the challenges of traffic here. That's just a -- that is a certainty. It's -- it's definitely more than zero compared to what you have with a vacant field, but it is a -- from a traffic perspective a clear improvement over what the existing entitled right was with the previous DAthat you are changing. So, issues with cut-through traffic and stacking are -- are greatly diminished with this application compared to the existing entitlement. The one thing that -- that your redesign didn't have, which kind of surprised me, because I think you really did a good job of -- of addressing the concerns and -- and, Mike, my hat is off to you in being willing to do that. Those two properties on the west and -- and I forget which Council Member brought it up, but I thought we would have seen, you know, a single story dental office type design, maybe one or two offices on that west side. It would be permitted to do so and certainly would be attractive, greater transition to those two properties on Leslie Way. So, talk a little bit about that decision as to whether that was a viable option to have those --you know, a couple small dental office, medical office example, you know, professional offices, as opposed to two story apartments on that western portion. I don't know who wants to take it, but I thought there was a comment from Council suggesting that would be a good use of that, you know, instead of a parking lot -- would seem to make sense, so maybe that's still a viable option as well. Nelson: Mayor, Council Member Borton, I will just briefly start and, then, turn it to Mike, who I think has carefully thought about what we are presenting to you tonight, but my recollection from the last hearing is a number of different uses were suggested and asked the applicant to consider, including two story townhomes. So, I -- I think with that I will let Mike kind of walk through his thinking on why he's proposed a two story residential. Maffia: Yeah. Since we last met I actually did some reconnaissance, spoke with office leasing experts. It could be one story. It could be a two story office building as well. So, I don't think that necessarily, you know, solves some of the -- the concerns and it just -- it -- it's more harmonious keeping residential with the residential development where they can benefit from the other amenities. So, we were trying to address to comment include a townhome -- townhome type product and also it was suggested for -- for commercial and thought that this was the best solution. You know, wouldn't necessarily be a one story dental office, if that one dental office is in the market looking for that product type it could be a two story as well, which, again, you have the same -- the same issues and I just think in my experience from a programming standpoint long term, keeping the residential next to residential will seem more consistent with the neighborhood and feel. Just my professional opinion. Meridian City Council July 12,2022 Page 27 of 33 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To that -- more consistent with whom? Maffia: The -- the use. The -- the tenant -- the tenant type. The tenant mix. It wouldn't necessarily be -- I mean a dental office or a physical therapist. It could be a medical supply tenant. It could be an office type use that -- Borton: A daycare. Maffia: A daycare or a medical supply company that doesn't -- I don't think has the synergy and that kind of experience that I spoke to where people are -- you know, they are living there, they are working there, they are playing there, they are having barbecues and creating community and I really think holistically about the experience you are trying to create in this project and I don't want to say it wouldn't work and you couldn't necessarily find that. There is -- you couldn't pencil new construction -- I have done some kindercare work in my -- in my past and it's hard to pencil the cost of construction. There is very few users when you talk about childcare for new construction. They are usually taking a second generation space. So, again, kind of going back to the programming and the experience, we like to think that they work better together when you are trying to create that environment. Borton: Okay. Thanks. Simison: Council, additional questions for the applicant? Okay. Well, for now I will let you take a seat. Nelson: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm happy to kick off just a discussion. I -- I appreciate the changes. I think losing 18 percent of the units was a significant concession that helps this development fit in better with Meridian overall and with the neighborhood in this location. I think the masonry wall is an important aspect, that we include that, and, obviously, the height limitations and I thought Council Woman Perreault had a good suggestion about requesting with ACHD to have no parking signs on Centrepoint. I thought that made a lot of sense. So, I think with those conditions, you know, I would be in support of this at this point. I was very opposed to it, but I -- I think at this point with these changes it makes more sense. I also feel like the scale of the building on the west side is not incompatible with the surrounding uses. It's two stories. It's not -- yes, comparable to what a home would be. I -- I think with the commitments the developer made around landscaping and Meridian City Council July 12,2022 Page 28 of 33 -- I don't think we need a lot of conditions of approval around that, but I think with their commitment on that that we heard here tonight on the record I think, you know, I'm comfortable. Thanks. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: On that point -- and we talked about conditions concerning stories, but I know we reference height, not stories, so looking at Joe when we talk about if -- if this were to proceed with DA conditions, do you need us to specify height or when we reference stories do you do the conversion in the DA to -- to the applicable height that corresponds with it? Dodson: Councilman Borton, I put stories within my recommended additional DA provision in my presentation. But I usually don't do the calculations, but it also depends on what the discussion of Council is. If their discussion is regarding more actual number, you know, 45 feet or something versus three story, you know, I -- I mean, you can make a three story building as tall as a four story building, depending on how you construct it. So, I would leave that purview up to Council and I try to digest that and put that into the language of the DA afterwards if there is revisions. So, it is C-G, the current zoning, so, technically, the height limit is 65 feet. What I have put in was three -- or sorry. Three story max for the center and two story on the west side building. If you guys want to limit that to specific numbers, the only issue I run into is sometimes the way that we measure height versus, you know, when the applicant actually builds the building, now they got a little bit of a steeper pitch roof and now we are -- are we over the 35 feet that we threw out there and now we got to do an MDA for three feet of different -- like that personally is not worth your time to make those minor changes. But however you guys want to handle it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Perreault: Yeah. One of the things that makes this a little different than some of the developments that we -- we handle is there is already an entitlement on this property to do certain things and -- and, you know, if this is brand new and they were coming here for a zoning application, those types of things, we have more flexibility to do some things and that's why you look at things where -- where the Villa Sport that had been approved. I mean they were 65 feet from existing homes and that as you pointed out now you are about 150 feet from existing homes to -- to make that -- make that work a little better from the first plan that was brought with a reduced traffic -- units -- reduction in units -- a net reduction of 18 percent and a 40 percent reduction in traffic from the previous use, which -- and, then, we -- we take that 18 percent. So, that's -- you know, it's -- it's pushing it to where we are trying to make it a workable project, but also recognizing the neighbors and the impacts and those types of things. Unfortunately, we can't do everything and -- and Meridian City Council July 12,2022 Page 29 of 33 dog poop in neighborhoods is a problem everywhere. Trust me. Everyone's battling that one, but -- and -- and -- and it certainly does -- it does change the neighborhood to a degree, because there will be more traffic, there will be more people and -- and we are seeing that throughout our community and what we try to do, especially where there is an entitlement already existing is, okay, how can we mitigate it to the best degree possible and still have a viable project. So, I -- I think this has struck the balance to -- to make that happen. I think we have got encouragement, thanks to Council Woman Strader for, you know, going into landscaping that's the best possible. I don't think we do need to put any conditions on that, but at the same time they will pay attention to that. Also like -- I have no issues with the condition of no parking on Centrepoint in those areas. So, I -- I think we -- we have come a long ways and appreciate the work that everyone has done and the -- the residents there who expressed concerns and -- and certainly their input was taken and made that a better project as well. Simison: So, questions, comments, motions to close the public hearing? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If there is not other commentary at this point, I move that we close the public hearing. Perreault: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will go ahead and try to make a motion and we could have more discussion if needed. After considering all staff, applicant, and public testimony, I move to approve File No. H-2022-0035 as presented in the staff report for today's hearing date with the following modifications: We would strike provision Roman numeral VI-C-VI. We would require the extension of the masonry wall on the west side of the property as we discussed. Additionally, a new provision as part of the conditional use permit process, a limitation on the western building to a maximum of two stories in height and a limitation of three stories on all other buildings and, then, additionally provision that we would encourage the applicant to work with ACHD to install no parking signs on Centrepoint Way if ACHD agrees. Meridian City Council July 12,2022 Page 30 of 33 Hoaglun: Second the motion. Simison: I have a motion and a second. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will be brief. Mike, Deb, you guys I think brought forth a really great project. I'm not in favor of it. I will be voting against the motion. There was a really good question I think that was asked in the last meeting, which was just about Council's feelings about multi-family in this particular area and one of the things I think that Council did really good on the previous DA for Villa Sport was really try and manage the negative impacts of the traffic the way that particular project was laid out and how it wouldn't impact homeowners kind of their morning and p.m. commutes. This doesn't address that in -- in a way that I'm -- I'm supportive of. Mike, I have got no concern -- I think you are going to build a -- a stellar project that's going to be really appealing to a lot of people in our community. hope you look to do projects like this in other parts of our community, particularly closer to the interstate. Kind of reading the tea leaves, I appreciate the work that you have done. I think the Council is supportive. I just -- it's not a project that -- it's not a modification to the DA that I'm supportive of at this time. Simison: Is there any other discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, nay; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Four ayes, one no, motion carries. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. ORDINANCES [Action Item] 24. Ordinance No. 22-1984: An Ordinance (Pavilion at Windsong - H-2021- 0102) for Rezone of a Parcel of Land Located in the Southeast '/4 of the Southeast '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 3.42 Acres of Land from the C-C (Community Business) Zoning District to the R-40 (HighDensity Residential) 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 Meridian City Council July 12,2022 Page 31 of 33 Simison: With that we will move on to our next items on the agenda, which is for Ordinance. Item No. 24 is Ordinance No. 22-1984. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mayor. It's an ordinance related to the Pavilion at Windsong, H- 2021-0102, for rezone of a parcel of land located in the Southeast '/4 of the Southeast '/4 of Section 35, Township 4 north, Range 1 West, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 3.42 acres of land from the C-C Zoning District to the R-40 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. Council, you have heard this ordinance read by title. Is there anybody present who would like it read in its entirety? Seeing no one, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 22-1984 with the suspension of rules. Cavener: Second. Simison: I have a motion and a second to approve Ordinance No. 22-1984 under suspension of the rules. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the ordinance is approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. 25. Ordinance A-22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Located in Portions of the Northeast '/4 of the Southwest '/4 and the Northwest '/4 of the Southeast 1/4 and All of the Southeast '/4 of the Northwest '/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), Meridian City Council July 12,2022 Page 32 of 33 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: Next item up is Item 25, which is Ordinance No. A-22-1979. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. An amended ordinance related to H-2021-0081, Vanguard Village Subdivision for rezone of a parcel of land located in portions of the Northeast '/4 of the Southwest '/4 and the Northwest '/4 of the Southeast '/4 and all of the Southeast '/4 of the Northwest '/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 Zoning District to the H-E Zoning District; 17.38 acres from the C-C and H-E Zoning Districts, to the M-E zoning district; 40.33 acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district; and 1.10 acres from the H-E to the C-C 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. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Perreault: Mayor Council? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance A-22-1979 with the suspension of rules. Cavener: Second. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. The item is agreed to. Meridian City Council July 12,2022 Page 33 of 33 MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 7-26-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 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 . Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Summary Minutes of the June 16, 2022 City Council Budget Workshop E IDIAN ri %j CITY COUNCIL BUDGET WORKSHOP City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Thursday,June 16, 2022 at 8:00 AM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted ACTIONS ITEMS 1. City of Meridian Fiscal Year 2023 Budget Presentation and Discussion ADJOURNMENT 4:01 pm E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 21, 2022 City Council Work Session Meridian City Council Work Session June 21,2022 Page 36 of 36 Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 6:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: Approved 7-12-2022 CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Summary Minutes of the June 28, 2022 City Council Budget Workshop E IDIAN I ri %j CITY COUNCIL BUDGET WORKSHOP City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday,June 28, 2022 at 1:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted BUDGET DISCUSSION TOPICS [Action Item] 1. Discussion Topics A. Community Risk Reduction Specialist- Remains in Budget B. Parks Crew Chief- Remains in Budget C. Police Step Plan - Remains in Budget D. Parks Shade Structure -Amended to $30,000 for up to two tree-based shade structures E. Community Center-Amended to $500,000 F. Eagle Road Roundabout Landscaping- $76,000 added to the budget G. Replacement Requests - Remains in Budget H. Valley Ride Transit- Remains in Budget- Remains in Budget I. Electric Vehicle Analysis - To be considered in FY24 Budget Proposal J. Treasure Valley Interagency Housing- Further discussion Summer 2022 K. American Rescue Plan Act (ARPA) L. Other Items 1. Division Chief of Risk Management- Remains in Budget 2. Parks Care Enough to Share ($10,000) -Added to Budget 3. Fund Balance Discussion ADJOURNMENT 4:44 pm E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 28, 2022 City Council Work Session Meridian City Council Work Session June 28,2022 Page 20 of 20 Bernt: I -- I support the three projects at the 36,000 mark. I'm hoping that the folks at Bear Creek are able to raise funds to meet the mark. If they don't, I -- I -- I am in line with what Councilman Cavener was talking about and having a backup plan and sticking within the budget. I think it's important. Simison: Did -- Mr. Miles, do you have clear -- Miles: I think I have got a clear direction to move forward with the three under conditional terms to make sure that they can execute all their paperwork up to the 50,000 dollar funding threshold and if something occurs differently with project number ten, the Bear Creek Park, we will come back to you guys and talk about it. Or sorry. We will go to number three. Sorry. Bernt: Mr. Mayor, also I -- I -- I get -- you know -- you know, friends of friends get involved with these projects and I share Mike's concern about having volunteers work on these projects when we are -- you know, we are -- we are providing most of all of the funds and so I -- I would hope that Mr. Barton would be heavily involved with that and making sure that, you know, we are dotting our I's and crossing our T's that this project is -- goes forward the way it should. Miles: I know legal is good at doing that, too. Simison: Okay. Miles: Thank you, Council. Simison: Thank you. With that -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Strader: I move that we adjourn our work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 7-12-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 28, 2022 City Council Regular Meeting Meridian City Council June 28,2022 Page 70 of 70 had some good coordination with these individuals with ITD and ACHD, but in light of that information perhaps an informational update at a future workshop about what's been planned or discussed and what action that the Council can take to maybe support some of the recommendations that came from our citizens tonight. Simison: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just an update, something I'm working on. I'm really taking a look at urban agriculture as something that our city could focus on and some possible code changes that might support that. Just a heads up. I don't think it's quite ready for discussion, but maybe at some point late August, early September I think it would be. Thank you. Simison: Thank you. Anything else or do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 9:45 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 7-12-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Apex SE Subdivision No. 2 Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-063223 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 07/13/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0195 Apex SE Subdivision No. 2 Sanitary Sewer Easement No. 1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 12th day of 20 22 between Smith Brighton Inc. —("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the Purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement V. 0 1/0 1/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said pat-ties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SMITH BRIGHTON INC., an Idaho corporation Robert L. Phi lips, Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 6/20/2022 (date) by Robert L. Phillips (name of individual), [complete the following if signing in a r•epresentative capacity, or• strike the following if signing in an incliviclual capacity] on behalf of Smith Brighton inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Vice President (type of authority such as officer or trustee) (stamp) �_L. 5HARI VAUGHAN Notary Signature Notary Public-State of Idaho My Commission Expires: Commission Number 20181002 My Commission Expires Jun 1, 2024 Sanitary Sewer Easement REV. 01/01/2020 8 ET kiln E N G I N E E R I N G June 17, 2022 APEX Southeast Subdivision No. 2 Project No. 21-021 Legal Description City of Meridian Sewer Easement Exhibit A Parcels of land for a sewer easement situated in a portion of Government Lot 4 and the Southwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 5, which bears N00°04'35"W a distance of 2,671.16 feet from an aluminum cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Section 5, S00°04'35"E a distance of 1,711.48 feet; Thence leaving said westerly line, N89`55'25"E a distance of 202.90 feet to POINT OF BEGINNING 1. Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 22°49'15", a chord bearing of S52°14'34"E and a chord distance of 31.65 feet to a point hereinafter referred to as POINT "A"; Thence S00°04'35"E a distance of 256.72 feet; Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 22°49'15", a chord bearing of S52°05'23"W and a chord distance of 31.65 feet Thence N00'04'35"W a distance of 295.55 feet to POINT OF BEGINNING 1. Said parcel contains 6,836 Sq. Ft., more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence N81°57'26"E a distance of 982.12 feet to POINT OF BEGINNING 2. Thence N00°01'43"W a distance of 24.00 feet; Thence N89°53'42"E a distance of 130.00 feet; Thence 500'01'43"E a distance of 24.00 feet; Thence S89'53'42"W a distance of 130.00 feet to POINT OF BEGINNING 2. Said parcel contains 3,120 Sq. Ft., more or less. 5725 North Discovery way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Said description contains a total of 9,956 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. a 12459 0 OF 4. � •1� •ZoZ2 PAGE 2 C:\KM ENGINEERING\KM GENERAL-DOCUMENTS\REMOTE WORK\PROJECT\21-021\CAD\SURVEY\EXHIBITS\21-021 SEWER EASEMENT APEX SE NO.2 DOUBLE.DWG,PAUL KIM,6/17/2022,TOSHIBA E S. Locust Grove Rd. BASIS OF BEARING O1 _ _ _ _ N00.04'35"W 2671.16' c� u, 959.68' — — 1711.48' �n N N m -n CD 07 D O U? Z TI-U I T1 O O 0 C \Z OC O r O O ? o m z N 0Z� � D w 0Eo o0 I ^ m cD m ;0 O fD m O C � O 9-0 Z> 9 Z z � m L oZ0 MC I = Co Oo G) n_ MC > I^Zz �O sy °' rn C cn L" 0 cv O MC:K IQ N m n m nI Iv��1 ��Z �` N O m � -0 z m0- ---1 O z D D Z 295.55' L" vny rn Ln -- - -r-- -- - -r- - - - Ln Ln r) \ • _ _S00°04'35"E 256.72' • o N m z cn o co N Ga m D W P 1Z z cn m rD = D I J W CA _ O m rn -h L - D c0 3 w z a N O Oe O O O I V) W O ::l ` S. Cadence Ave. Qj o I I I D p � o � I I oLn � o0W I low I 4 I I O NO oO cm D m D 0 O O p m cr) Z c� m Zo c N Cn Z Z r m � ++ O 70 Z r^ -0 w O O r m O w m Z > -4 O W O rn Lin a a rrI �Z = fTl m o m EXHIBIT B - CITY OF MERIDIAN SEWER EASEMENT N 00 Z 3mm°- APEX SOUTHEAST SUBDIVISION No. 2 == Z o N O �=Oho D�T PWp� T7 A Situated in a portion of Government Lot 4 and the SW 1/4 of the NW Z o 0 1/4 of Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho ^ N N V I 1+ N i I I I Title: EXHIBIT B Date: 06-17-2022 Scale: 1 inch=60 feet File: Deed Plotter.des Tract 1: 0.157 Acres: 6836 Sq Feet:Closure=n05.2803w 0.00 Feet: Precision=11614870: Perimeter=616 Feet 001:LL R=80.00,Delta=22.4915 003:LR R=80.00,Delta=22.4915 Bng=s52.1434e,Chd=31.65 Bng=02.0523w,Chd=31.65 002=s00.0435e 256.72 004=n00.0435w 295.55 Title: EXHIBIT B Date: 06-10-2022 Scale: 1 inch=20 feet File:Deed Plotter.des Tract 1: 0.072 Acres: 3120 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=308 Feet 001=n00.0143w 24.00 003=s00.0143e 24.00 002=n89.5342e 130.00 004=s89.5342w 130.00 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Bluebird Carwash Silverstone Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-063224 BOISEIDAHO Pgs=6 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0197 Bluebird Carwash Silverstone WATER MAIN EASEMENT THIS Easement Agreement, made this 12th day of July 20 22 between Bluebird Silverstone,LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 0 1/0 1/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Michael Fery,j � c� },.� o� G�\v.-e��r�, S•.�s�c��n�, LLB STATE OF IDAHO } ) ss County of Ada ) This record was acknowledged before me on 6/27/22 (date) by Michael Fery (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Blurbird silverstone, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) BRITTANY MALESPIN Notar Signa e -1 COMMISSION#67029 My C mmission Expires: }. NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 01127/2021 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simis ,Ma 12-2022 Attest by Cris Johnso ; ' \Jerk 7-12-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. � } Notary Signature �. My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G June 15, 2022 Project No.21-202 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 3, Block 1 of Stonemont Subdivision (Book 118 of Plats, Pages 18044-18046),situated in the Southwest 1/4 of the Southwest 1/4 of Section 16,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the West 1/16 corner of said Section 16,which bears S89'11'53"E a distance of 1,332.53 feet from a found brass cap marking the Southwest corner of said Section 16,thence following the southerly line of said Southwest 1/4 of the Southwest 1/4, N89°11'53"W a distance of 121.11 feet; Thence leaving said southerly line, NOO°48'07"E a distance of 54.86 feet to a found 5/8-inch rebar on the boundary of said Lot 3; Thence following the boundary of said Lot 3, N00°20'35"W a distance of 295.72 feet to a found 5/8-inch rebar; Thence leaving said boundary,585'37'30"W a distance of 42.14 feet to the POINT OF BEGINNING. Thence N71'30'37"W a distance of 12.63 feet; Thence N18'29'23"E a distance of 11.36 feet; Thence S74°48'32"E a distance of 12.65 feet; Thence 518°29'23"W a distance of 12.08 feet to the POINT OF BEGINNING. Said parcel contains 148 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. pt LAND o � 6662 '9 OF ,OP yF Y K E's'HR�`�c le is�z� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com P:\21-202\CAD\SURVEY1EXHiBITS\21-202 WATER EASENI ENT.DWG,BILL HYNSON,6/1612022,DWG TO PDF.PC3,08.SX1I L[PDFi Ct r r r r -4, Ca N 1 Z N I ' m O V J Cf7 Z Z � Co l v)Lo CNO t (Cr NO O 2_ M ❑ N O fT7 L4 CU Z ❑ CA O N N C4 N Gd J Gt n (11 I p= ::E M M n Z m r ❑ rn _ j U) a) � Q O 0) i'i 'M z Z rn M I 2 I O �� I o /�� � 0 + o Q7 1 C _ o -t r*r I 0 a 0 z / �o y� 1 zO N4gp ' �Z� I m mDO 0 9 co o _0-rD a I o _ m rn NOO*48'07"E CL >t4I 54.86' (TIE) O NOO.20'35"W 295.72' O o zN � ��I I c I I z I � S. Silverstone Way I D o N I m PRoF I I Fs n\ z m cn cn m c} TI TI m C p D O O rn �l 0 � C r C C cn ) n j� X �z, p p m o c o 0 1 d7 M z r �{ 9y0 ���' C z rzi m r I U) cn O - - -- 2i O r M M m o n z = n m m n m v s Exhibit B = WNc� m m 3 Z�� � City of Meridian Water Easement 0 mDI rn II Q a n Ti A E'' A parcel of land being a portion of Lot 3, Block 1 of Stonemont Subdivision,situated in the W Wes — { Z ti o SW 1/4 of the SW 1/4 of Section 16,T.3N., RAE.,B.M.,City of Meridian,Ada County,Idaho 4 12.65 s74'483z :'v � q On N o 4 � n7lo3 p3 71, !2 63 W Title: Date: 06-16-2022 Scale: 1 inch — 5 feet File: Tract 1: 0-003 Acres: 148 Sq Feet: Closure=sl 1.3316w 0.01 Feet: Precision=1/6138: Perimeter f 49 Feet 001=n71.3037w 12.63 003=s74.4832e 12.65 002=n18.2923e 11.36 004=s18.2923w 12.08 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Firenze Plaza Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-063227 BOISEIDAHO Pgs=13 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0190 Firenze Plaza SANITARY SEWER AND WATER MAIN EASEMENT THIS Non-Exclusive Easement Agreement, made thisl2th day o 2022-between BDC Meridian, LLC and BDC Meridian 11, LLC, each Wyoming limited liability companies ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The non-exclusive easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, (the"Facilities"), together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said non-exclusive easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ]UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, replacements or performing other maintenance, Grantee shall restore the area of the non-exclusive easement and adjacent property to that which existed prior to undertaking such repairs,replacements, and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures trees, brush, or perennial shrubs or flowers within the area described for this non-exclusive easement, which would interfere with the use of said non-exclusive easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and non-exclusive easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said non-exclusive easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. [Signatures on following page.) Sanitary Sewer and Water Main Easement REV.01/01/2020 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BDC Meridian, LLC, a Wyoming limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By: C J es Beck, Vice resident STATE OF MISSOURI ) County of . On �J�,e nt '], V ZZ before me, 4#1 n / personally appeared V�,rn.�S -e ck who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Missouri that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) Signature of Notary ublic JENotar N M. RANEY Public, Notary Sealte of Missouri Louis County ssion#18041717ion Expires 05-08-2026 Sanitary Sewer and Water Main Easement REV.01/01/2020 BDC Meridian II, LLC, a Wyoming limited liability company By: National Safe Harbor Exchanges, Inc., a California corporation, its sole member By: es Beck,Vice President STATE OF MISSOURI ) County of S-- .uyis ) On �i�." `I, ZOZZ before me, �t�hn �!.(. ��►� , personally appeared Siam a s ]jg&.k 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Missouri that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (SEAL) ignature of Notary Publ LYNN M. RANEY Notary Public, Notary Seal State of Missouri St.Louis County Commission#18041717 My Commission Expires 05.08-2026 Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 LEGAL DESCRIPTION ,� .- THE LAND Page 1 of 3 GROUP May 10, 2022 Project No.: 116015 EXHIBIT"A" FIRENZE PLAZA SUBDIVISION CITY OF MERIDIAN SEWER &WATER EASEMENT DESCRIPTIONS EASEMENT 1 An easement located in a portion of Parcel "B" as same is shown on Record of Survey#10860,Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which point the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 00' 37' 07" East, a distance of 755.16 feet on the east section line of said Section 29; Thence North 89' 22'53"West, a distance of 198.99 feet to the POINT OF BEGINNING: Thence South 00°46'46" West, a distance of 25.42 feet; Thence South 89° 13' 14" East, a distance of 10.00 feet; Thence South 00°46'46" West, a distance of 10.00 feet; Thence North 89' 13' 14" West, a distance of 10.00 feet; Thence South 00°46'46" West, a distance of 134.08 feet; Thence South 01°46' 21" East, a distance of 44.69 feet; Thence North 88' 13' 39" East, a distance of 13.50 feet; Thence South 01°46' 21" East, a distance of 20.00 feet; Thence South 88° 13' 39" West, a distance of 13.50 feet; Thence South 01°46' 21" East, a distance of 83.82 feet; Thence North 88' 13' 39" East, a distance of 8.80 feet; Thence South 01'46' 21" East, a distance of 10.00 feet; Thence South 88' 13' 39" West, a distance of 8.80 feet; Thence South 01'46' 21" East, a distance of 170.73 feet; Thence North 88' 13' 39" East, a distance of 24.80 feet; Thence South 01'46' 21" East, a distance of 10.00 feet; Thence South 88° 13' 39" West, a distance of 24.80 feet; Thence South 01°46' 21" East, a distance of 47.24 feet; Thence South 43° 14' 17" West, a distance of 34.05 feet; Thence North 89' 22' 53" West, a distance of 33.62 feet; Thence South 00°37' 07" West, a distance of 6.80 feet; Thence North 89' 22' 53" West, a distance of 10.00 feet; Thence North 00' 37' 07" East, a distance of 6.80 feet; Thence North 89' 22' 53" West, a distance of 173.69 feet; Thence North 44' 22' 53" West, a distance of 36.65 feet; Thence North 89' 24' 15" West, a distance of 25.26 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 3 Thence South 00°35'45" West, a distance of 24.50 feet; Thence North 89' 24' 15" West, a distance of 10.00 feet; Thence North 00' 35'45" East, a distance of 24.50 feet; Thence North 89' 24' 15" West, a distance of 252.29 feet; Thence North 00' 35'45" East, a distance of 20.00 feet; Thence South 89° 24' 15" East, a distance of 131.20 feet; Thence North 00' 35'45" East, a distance of 23.00 feet; Thence South 89° 24' 15" East, a distance of 20.00 feet; Thence South 00°35'45" West, a distance of 23.00 feet; Thence South 89° 24' 15" East, a distance of 144.64 feet; Thence South 44° 22' 53" East, a distance of 36.65 feet; Thence South 89° 22' 53" East, a distance of 187.81 feet; Thence North 00° 37' 07" East, a distance of 25.78 feet; Thence South 89' 22' 53" East, a distance of 12.39 feet; Thence North 01'46' 21" West, a distance of 365.14 feet; Thence North 00'46' 46" East, a distance of 170.11 feet; Thence South 89° 22' 53" East, a distance of 31.00 feet to the POINT OF BEGINNING. The above described easement 1 contains 30,204 sq.ft. (0.69 acres) more or less. TOGETHER WITH: EASEMENT 2 A parcel of land located in a portion of Parcel "B" as same is shown on Record of Survey#10860, Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which point the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 00' 37' 07" East, a distance of 1032.77 feet on the east section line of said Section 29; Thence North 89' 22'53" West, a distance of 198.96 feet to the POINT OF BEGINNING: Thence South 00°37' 31" West, a distance of 12.50 feet; Thence South 89° 22' 29" East, a distance of 17.75 feet; Thence South 00°37' 31" West, a distance of 10.00 feet; Thence North 89' 22' 29" West, a distance of 17.75 feet; Thence South 00'37' 31" West, a distance of 142.87 feet; Thence South 89' 22' 29" East, a distance of 17.75 feet; Thence South 00'37' 31" West, a distance of 10.00 feet; Thence North 89' 22' 29" West, a distance of 17.75 feet; Thence South 00°37' 31" West, a distance of 42.24 feet; Thence North 89' 22' 53" West, a distance of 31.00 feet; Thence North 00' 37' 31" East, a distance of 42.36 feet; Thence North 89' 22' 29" West, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 10.00 feet; Thence South 89° 22' 29" East, a distance of 15.00 feet; 462 East Shore drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 3 of 3 Thence North 00' 37' 31" East, a distance of 142.76 feet; Thence North 89' 22' 29" West, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 10.00 feet; Thence South 89° 22' 29" East, a distance of 15.00 feet; Thence North 00' 37' 31" East, a distance of 12.50 feet; Thence South 89° 22' 29" East, a distance of 31.00 feet to the POINT OF BEGINNING. The above described easement 2 contains 7,401 sq. ft. (0.17 acres) more or less. TOGETHER WITH: EASEMENT 3 A parcel of land located in a portion of Parcel "C" as same is shown on Record of Survey#10860,Ada County Records, located in the Southeast Quarter of the Southeast Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of said Section 29, (from which the East One Quarter Corner of said Section 29 bears North 00' 37' 07" East, a distance of 2642.58 feet); Thence North 89'43' 46" West, a distance of 791.90 feet on the south section line of said Section 29; Thence North 00' 16' 14" West, a distance of 48.00 feet; Thence North 00' 37' 07" East, a distance of 36.83 feet to the POINT OF BEGINNING: Thence South 89°58' 16" West, a distance of 17.07 feet; Thence North 00'01'44" West, a distance of 10.00 feet; Thence North 89' 58' 16" East, a distance of 17.18 feet; Thence South 00°37' 07" West, a distance of 10.00 feet to the POINT OF BEGINNING. The above described easement 3 contains 171 sq. ft. more or less. PREPARED BY: The Land Group, Inc. ��o G LA1�rIj w� F- T FO � a 7880 2 5-10-2022 VA.�� James R. Washburn WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:04 PM Cn 1 W N i c/) c/) m 1 o= M N' MCOo o � m cn v _ S. Montague Way — — u I � �^) O O T O I M C D O 00 I C7 M n I CDi) z 80 4::1 D o Cn m - - C7 �I 21- M OT N O Cn TI l f.n M m p D o m cncc7 z T I I D m 00 m a I� m o D D m � 90 I m �DoD Z � Qo �e cn z � 7 FL o� M I � o m � � 00 z 1 7o I ( I mm � m cn cf) � n C7 P0 cn cn W N Cn C.0 co cn cn S. Eagle Rd N00°37'07"E 2642.58' cn W ° -BASIS OF BEARING co - _ P az asCD yStn W y N x off. r � o Nco � a a CD z z 0 o M 80 N CD 0 Exhibit "B" TH E 22, City of Meridian Sewer & Water Easements W LAND cm Firenze Plaza Subdivision _ GROUP File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:27 PM r w_ - I I M II N o w 1 N r 20' w n•F I w cn I c� - w f - c:) I o O I I � 41 W I I r w cn I r c> °O L29 I o PR n m � D �S E IM Doti�c� D 00 � co r / 'Y o z - �'� Y n� o 00 oN -11 o N co m W W m - y�N Gj DO o m N I I 2I0 1� � 4�- I IW I r I I N IW I I r W co N O ---- ltil ---- ---�—�— L42 --- -- AD 1 �� 1r9�811 till 105 L5 r o 1 coy r r 1 w 1 r NI 1 CD r CIDO V c_n � N co 77 W z rn z o 1 (0 W cn cn CO 00 N M m m N z W -n o �c", z � rQ o cn cn N00°37'07"E 755.16' N N S. Eagle Rd. N -a z W co N O� 0 o N N v O O 11 �I�N Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easement W cm Firenze Plaza Subdivision GROUP d0089 uo!S!n!pgnS Mid azuaa!A ONdI � ►_ IUBWOSe3 JBIUM James ue!p!aaw 101(4!3 o 3 H1 : „e„ 1!q!gx3 M N Y OR r a T O Q N�yb o z LO O o 0 Np d J Cl) r co a 00 N I Cc) r� CD � 00 w w o H z cal EO < W 7' L N ^� J m 00 W d z z U) W N M z v c v J J J J 2 - H O O O LC) Lo O O O N O O O O LC) co O (,'3 M O 0O (o N Ln O u7 OC'j O O O (o I— Cl) Z O Cl) Co L1) 't O 4 N O M O M V Co ti u7 T W O Co r M N N N N N r N N N r Mco N J 2 w 3� 3: 2 i�: 2 w 2 w 41 w w w w w w w ed z � ch ~o c� T) T in T v r v r v r Lo r Mn LMn o LMr� o Ln Ln Ln OC f— N � N N � LC) � Ln � Ln � Ln I�r Ln � N N ti N LQ M N M N o N M N M N M N M N M N N N M N J O O O O V O O O O O O) O O) p M r M O M m O co O N 0O O M O M O 00 O 00 O 0O 00 O 00 U) Z Z Z Z Z C./) Z Z Z Z L/) Z L/) CID C./) C./) (./) Z (./) w N M V LC) CO f� M O O N M u7 CO f� M 61 O J J J J J J J J J J J J J J J J J J J J J 2 N O O O ao O O O O N O O O r- O O O V 17 (D O O O co L() O Lf) 00 M O 0O M O 00 N CD co u7 Z u') O O O M M O M M O O V O V T M LI-I N r r r r r N r 0o W r M T N r N M M J 61 W W W W W W W W W W W Z r V r V N_ M N_ �vOj N_ M N_ co N_ co N_ coN_ r co y cz O CO O M O O T O M co Cl) coM O T O M O N = W o r o o o oco co o o00 co o N m O coCD O co O O 0o O 0Mp O 00 O 000 O 0o O Op O 0p U) M U) Z U) U) Z U) V) C/) Z U) U) U) Z U) U) U) U) Z W J O r N M V Z J J coJ J J JCO N J J J J J J J J J J J J Wd LZ:401e ZZOZ LZ I!adtl'RepsaupaM :P Uld alep aolew R Xg Papold 1sEI 6MP 900 LL L Sluawasealaler oMasueipgawlo/glo qns Pala anal g L091 L\smawasua ulepgaw to pp\sl!q!gxo\69uns\pea\g Log[L\g Lont :uolluoolalij File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:28 PM r r � rn rn o r rn c_ncn cn cc r r N L54 L58 0 CAD o• WI Ir rn v' L52 L48 / D m m r D 1 D m 41 I r O ' o v � z � 41 am p cn CD o D DO o m -n c-> o m a) N o 70 W 0o r T n CD > rn o z cn = Iz z o 00 z_ m 0c) r o z D m o W N 'f7 C� 70 cn Ca R0 02 z � !^ mm W nc) rn cn cn — — — N00°37'07"E 1032.77' — w N S. Eagle Rd. w 00 r_ w ii cn o co co � M ccnn � z m cn z cn z z z cn z z z 00 0 00 0 00 0 00 0 00 o W r 0 0 0 o co o co 0 0 0 1T N W N W N W N W N W N V N V N �I N v N V W - � - CNo - � - � T r r' M T T T T T ✓CS l9 P �,� c m `�ay5 Ss✓ o � c-i-, o chi, (�i, o ccp9 o 000, r O 1 t'' r r r r r r r r r r r rn rn M cn U1 u, u, u, cn z 'a N R1 a W N o co 00 -4 0) cn -VI m o N tioN °fib 00 o 00 o 00 o 00 o 00 o 00 o A� 9 o 9 0 0 o co 0 0 o m 1To L' N —I N -4 N -I N -4 N -4 77 cD QQ N 1 N 1 N 1 N 1 N 1 Z 1 CO _ CO _ (.p _ CO _ (0 _ m a n CD z � 0 1 N Cn O Cn N Cn O Cn N z N o � N O O O O O O O O M O 11 �I� � Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easements W cm Firenze Plaza Subdivision GROUP File Location: g.\2016\116015\cad\survey\exhibits\city of meridain easements\116015 firenze plaza sub cityofineridiansewerwatereasennents 171005.dwg Last Plotted By alex major Date Plotted: Wednesday,April 27 2022 at 04:28 PM I I M D - OC/�) n O oz 00 0 c CD - W 591 � _ z ND S00o 1614 W 48.00 N00o 3707 E 36.83 L67 I I n c� IM o 1 T 1 M Cn �o z T � 00 o z A W D 7-1 m � D M m Ip M - m P az �s I ys O W` (n r I W -n N w n7 `� I O 00 r °9ti o0 0� dz o ON r r r r C M coi, IM ao cn z z cn o 03 000 W r 0 o cfl 4 c"0 coo ego o 41 O I I m71 O a co to IM z o ti o ti rn z 0 0 0 a) �p o m o -4 --1 M U) m m p0 n C7 0 oN J0 cn cn W N v N CD z W W W N W Oo iv w 0 0 � N 1 O 11 �I�cn Exhibit "B" W- LAND — TH E 22, City of Meridian Sewer & Water Easements W cm Firenze Plaza Subdivision GROUP E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Impressive East Ridge Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-063226 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0198 Impressive East Ridge Subdivision No.3 Sanitary Sewer and Water Main Easement No. 2 Sanitary Sewer and Water Main Easement THIS Easement Agreement, made this 12thday of July 2022 between G 20 LLC Municipal Corporation("Grantee"); ("Grantor") and the City of Meridian, an Idaho WHEREAS, the Grantor desires to provide a sanitary sewer and water main might-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and _water is to be provi ed for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way fbr an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property, (SEE ATTACKED EXHE31TS A and 13) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and _water mains and their allied facilities; together with their maintenance,_repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way"unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 'repairs and maintenance. _However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water°Main Easement REV.0 1/0 1 12 020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which woull interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no firrther effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawhilly seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: / V - G 20 LLC STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on J ati `6WQ (date) by Jim Conger (name of individual), [complete the following if signing in a representative capacity, oi- strike the following if signing in an individual capacity] on behalf of G 20 LLC (name of entity on behalf of whom record was executed), in the following representative capacity:_Member (type of authority such as officer or trustee) e° ,Xt LA • "�40TA R y p • y Notary Signature r • O M 0-PUB IAC4�� My Commission Expires-_R'-No 7P •3-o�C lr� +;Q C0Ft , Sanitary Sewerana'Wni aiin tetasement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-12-2022—" 7 22 Attest by Chris Johnson, City Clerk STATE OF IDAHO, County of Ada This record was acknowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires, 3-28-2028 Sanitary Sewer and Water Maid Easement REV.0 1/0 1/2020 5awtooth Land Surveying, LLC P: (208)398-8104 h (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, V 83G 17 pt(L Sewer and Wafer Easement No. 2 Description BASIS OF BEARINGS for this description is N. 89059'28"W. between the 5/8" rebar Illegible cap marking the E1/16 corner common to Sections 32 and 5,and the brass cap marking the 51/4 corner of Section 32, both in T, 3 N., R. 1 E., B.M., Ada County,Idaho. An easement located in the SW1/4 of the SE1/4 of Section 32,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the S1/4 corner of said Section 32, Thence N. 0008'57" E.,coincident with the west line of said SW1/4 of the SE1/4 of Section 32, a distance of 75.00 feet to a 5/8" rebar/cap PLS 11574 Thence N, 52036'41" E., 181,12 feet to the POINT OF BEGINNING; Thence N. 44059'28" W., 40.84 feet; Thence N. 0000'32'E., 315,75 feet; Thence S. 89059'28"E., 30.00 feet; Thence S. 0000132"W,, 303.32 feet; Thence S. 44059'28"E., 15.98 feet; Thence N. 89059'28"W., 5.80 feet; Thence S, 0000'32"W., 30,00 feet; Thence N. 89059'28"W., 6.62 feet to the POINT OF BEGINNING. The above described easement contains 0.233 acres, more or less. 1)f:l�GV P:1202111 EMT1121330-EASTRI©GE SUB PH 31Survey\Drawings\Descriptions1121330 Sw no 2 Legal.docx 11 N 090857"E 1344.22' _N 00006'57"E 821.52'` so.ao'� ' N 00°00'32"E 315,75: u �„ MAI- ! / S DO°DO`32"W 3D3.32' " ! 1 r rrn \Ct:II r� I m Y ' O 1157 j ! � F t. !� ED '° I -%`t3 S. EAGLE RD. PROJECT: OWNER/DEVELOPER: — — - — DWG# 2030 S. WASHINGTON AVE. IM➢RESSIVE FAST RIDGE SUMMON NO.3 EMMElT, 10 83617 121330 EN SEWERIWATER EASEMENT N0.2 EXHIBIT CONGER P. (208)398-8104 PROJECT# SWI14 OF THE SE114 F: (208)398-8105 121330 SECTION 32,T.3 N.,R. 1 E.,B.M., SHEET CITY OF MERIDIAN,ADA COUNTY,IDAHO DATE, 412022 WWW,SAWTOOTHLS.COM I 1 OFt E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Pine 43 Subdivision No. 3 Pedestrian Pathway Easement ADA COUNTY RECORDER Phil McGrane 2022-063229 BOISE IDAHO Pgs=8 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0187 Pine 43 Subdivision No. 3 PATHWAYPEDESTRIAN S THIS AGREEMENT, made this 12th dad, of July -P 0 22, between Development Inc. .r . . hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSET a WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, e parties agree as follows" THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit " " attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement formultiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any park of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV, 01/0112020 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:C & O Development, Inc. by, Dennis M. Baker, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on _7-S-�.Z(date) by Dennis M.Baker (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of C&O Development,Inc (name of entity on behalf of whom record was executed), in the following representative capacity: President _(type of authority such as officer or trustee) (stamp �������1 •= PRY Pli �. p'� �o•.: Not 'y Signature • — My Commission Expires: MY COMMISSION : EypIRES 12-24-2025 :ham O T 0P�,��i`��: �Zlii�i910NINUI�B\������ Pedestrian Pathway Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022_ (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement REV. 01/01/2020 J U•B� 902 LIP "4 ENO MMM MIL J�B Fn ;LV OF COMPARrES Exhibit"A" Pine 43 Subdivision No.3 Pedestrian Pathway Easement Legal Description Project No. 10-20-018 June 3, 2022 A tract of land situate in the east half of the northwest quarter of Section 8,Township 3 North,Range 1 East, Boise Meridian, City of Meridian, County of Ada, State of Idaho, and being more particularly described as follows: Commencing at the northwest comer of said Section 8; thence from said Point of Commencement, coincident with the north line of said Section 8,the following two(2)consecutive courses and distances: 1. South 89"59'19"East, a distance of 2,652.60 feet to the north quarter comer of said Section 8,and 2. reversing course, North 89°59'19" West, a distance of 1,160.91 feet to the intersection of the northerly projection of the westerly line of Lot 6 as shown on the Plat of Pleasant Valley Subdivision recorded in Book 12 of Plats at Page 665,Ada County Records with the north line of said Section 8; thence leaving said north line,the following four(4)consecutive courses and distances: 1. South 00°33'12" West, coincident with said projection, a distance of 25.00 feet to the northwesterly comer of said Lot 6, 2. continuing South 00133'12" West, coincident with the westerly line of said Lot 6, a distance of 450.94 feet to a 5/8-inch rebar marking the southwest corner of"ROW B" as shown on Record of Survey No. 12729,Ada County Records, 3. continuing South 00°33'12" West, coincident with said westerly line, a distance of 674.06 feet to a 1-inch iron bolt marking the southwest corner of said Lot 6, said comer also being a point on the easterly line of the Plat of Elliot Park Subdivision recorded in Book 82 of Plats,at Pages 8914,and 8915, Ada County Records,and 4. continuing South 00°33'12" West, coincident with said easterly line, a distance of 478.16 feet to the Point of Beginning of this description; thence from said Point of Beginning,continuing South 00°33'12"West,coincident with said easterly line, a distance of 15.39 feet; thence leaving said easterly line, the following twelve (12)consecutive courses and distances: 1. along the arc of a non-tangent curve to the left,concave northerly, having a radius of 30.00 feet, through a central angle of 46°22'15", an arc length of 24.28 feet,and a chord bearing North 76°28'38"East,a distance of 23.62 feet, June 3,2022 10-20-018_P43-3_PedPath_r1.docx Page i of 3 2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5752 F. www.iub.t TP 209.376.7330 2. along the arc of a compound curve to the left,concave northwesterly,having a radius of 95.00 feet,through a central angle of 24°05'27", an arc length of 39.94 feet,and a chordbearing North 41°l4'47"East,a distance of 39.65 feet, 3. along the arc of a reverse curve to the right, concave southeasterly, having a radius of 30.00 feet, through a central angle of 31°32'18", an arc length of 16.51 feet,and a chord bearing North 44°58'12"East,a distance of 16.31 feet, 4. North 60044121"East,a distance of 32.75 feet, 5. along the arc of a tangent curve to the right,concave southerly,having a radius of 45.00 feet,through a central angle of 49°24'11",an arc length of 38.80 feet, and a chord bearing North 85°26'26"East,a distance of 37.61 feet, 6. South 69°51'28"East,a distance of 16.75 feet, 7. along the arc of a tangent curve to the left,concave northerly,having a radius of 15.00 feet,through a central angle of 14°31'16", an arc length of 3.80 feet, and a chord bearing South 77°07'06"East,a distance of 3.79 feet, 8. South 84°22'44"East,a distance of 66.22 feet, 9. along the arc of a tangent curve to the right,concave southerly,having a radius of 395.00 feet,through a central angle of 3034'36",an arc length of 24.66 feet, and a chord bearing South 82°35'26"East,a distance of 24.65 feet, 10. South 80048'09"East,a distance of 38.35 feet, 11, along the arc of a tangent curve to the right,concave southwesterly,having a radius of 140.00 feet, through a central angle of 26°06'05", an arc length of 63.78 feet,and a chord bearing South 67°45'06"East,a distance of 63.23 feet, and 12. South 54°42'04"East,a distance of 29.88 feet to a point on the westerly right- of-way line of N. Webb Way as described in the Warranty Deed recorded as Instrument No. 2019-037535,Official Records of Ada County; thence coincident with said westerly right-of-way line, along the arc of a non-tangent curve to the left, concave northwesterly,having a radius of 380.00 feet,through a central angle of 2°15'32",an are length of 15.00 feet,and a chord bearing North 35°5332"Fast,a distance of 15.00 feet;thence leaving said westerly right-of-way line,the following eleven (11)consecutive courses and distances: 1. North 54°42'04"West,a distance of 30.04 feet, 2. along the arc of a tangent curve to the left, concave southwesterly, having a radius of 155.00 feet, through a central angle of 26°06'05", an arc length of 70.61 feet,and a chord bearing North 67°45'06"West,a distance of 70.00 feet, 3. North 80°48'09"West a distance of 38.35 feet, 4. along the arc of tangent curve to the left, concave southerly,having a radius of 410.00 feet through a central angle of 3°34'36", an arc length of 25.59 feet, and a chord bearing North 82°35'26"West,a distance of 25.59 feet, 5. North 84°22'44"West,a distance of 66.22 feet, 6. North 69°51'28"West; a distance of 16.75 feet, 7. along the arc of a tangent curve to the left,concave southerly,having a radius of 60.00 feet,through a central angle of 49°24'11",an arc length of 51.73 feet, and a chord bearing South 85°26'26"West,a distance of 50.15 feet, 8. South 60°44'21"West,a distance of 32.75 feet, June 3, 2022 10-20-018_P43-3_PedPath rl.docx Page 2 of 3 9. along the arc of a tangent curve to the left, concave southeasterly, having a radius of 45.00 feet, through a central angle of 31°32'18", an arc length of 24.77 feet,and a chord bearing South 44°58'12"West,a distance of24.46 feet, 10. along the arc of a reverse curve to the right,concave northwesterly,having a radius of 80.00 feet, through a central angle of 41°14'47", an arc length of 33.64 feet,and a chord bearing South 41°14'47"West,a distance of 33.39 feet and 11. along the arc of a compound curve to the right, concave northerly,having a radius of 15.00 feet, through a central angle of 55°43'1T', an arc length of 14.59 feet,and a chord bearing South 81°09'08"West,a distance of 14.02 feet to the Point of Beginning. Containing an area of 6,003 square feet of land,more or less. The above-described tract of land is shown on Exhibit`B"attached hereto and made a part hereof. End of Description. J-U-B ENGINEERS,Inc. This description was prepared by me or under my supervision. If any portion of this description is modified or removed(including, but not limited to,the graphic portion shown on the attached Exhibit`B"j without the written consent of Timothy Harrigan, PLS, all professional liability associated with this document is hereby declared null and void. LA NO Vic` CF_NSt ` pG 1 Timothy Har ,PLS 17665 17665 0 OF �oP (�1 T HAR�. Date June 3,2022 10-20-018_P43-3 PedPath r1.docx Page 3 of 3 6 5 E. FAIRVIEW AVENUE 5 POC S89'59'19"E 2652.60' ' — — - — N89'59'19"W 1 160.91' — — s 7 8 Q S00'33'12"W 25.00' 8 E ' a n o N S00'33'12"W L,,-'-450.94' S ' 9 7 a 17665 �02 S00'33'12"WT OFkt���G �g 674.06' 3 3 0 0 60 °o m6m= N80'48'09"W SCALE IN FEET 38.35' a — C14 N84'22'44"W Q - C13 ,C11 4S 66.22 CIO C4 T��q.� /—' C 77 0 C5 C6 POB %G� N60'44'21"E 32.75' S84'22'44"E 66.22" �3`4 G Cl S80'48'09"E 38.35' �P 9 �. EXHIBIT "B" PINE 43 SUBOIVISION NO. 3 SHEET C.�B _ PEDESTRIAN PATHWAY EASEMENT g I MATE IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8,T3N 1 OF 2 • 43 EMGINn-M4INC. R1E BOISE MERIDIAN, CITY OF MERIDIAN COUNTY OF ADA. STATE OF IDAHO d LEGEND - SECTION CORNER LINE TABLE - QUARTER CORNER No. BEARING DIST. 0 - DIMENSION POINT L1 S00.33'12"W 15.39' POC - POINT OF COMMENCEMENT L2 S6751'28"E 16.75' POB - POINT OF BEGINNING L3 S5442'04"E 29.88' - - - - SECTION LINE L4 N54'42'040W 30.04' ----------------- - TIE LINE P� T r T _ EASEMENT AREA: L5 Ns9'51'28'w 16.75' lL�1�11� 6,003t SF OF LAND L6 S60'44'21"W 32.75' CURVE TABLE I NO. RADIUS DELTA LENGTH CH. BEARING CH. DIST. Cl 30.00' 4W22'15" 24.28' N7W28'38-E 23.62' C2 95.00' 24'05'27" 39.94' N41-14-47"E 39.65' C3 30.00' 31'32'18" 16.51' N44'58'12"E 16.31' C4 45.00' 49'24'11" 38.80' N85'26'26"E 37.61' C5 15.00' 14 31'16" 3.80' S77-07-06"E 3.79' C6 395.00' 3'34'36" 24.66' S82'35'26'E 24.65' C7 140.00' 26'06'05" 63.78' S67'45'06"E 63.23' C8 380.00' 715'43" 15.00' N3553'32E 15.00' �.` C9 155.00' 26'06.05" �70.61 N67145 06"W 70.00' rr SZ� \ l C10 410.00' 334'36" 25.59' N82-35-26-W 25.59' f �l?ml (, C11 60.00' 49'24'11" 51.73' S8526'26V 50.15' I 7665J� C12 45.00' 31'32'18" 24.77' S44'58'12W 24.46' OF \aPfQ= C13 80.00, 24'05'27" 33.64' S41'14'47W 33.39' C14 15.00' 55'43'17- 14.59' S81'09.08-W 14.02' 3 r74 77 EXHIBIT "B" PINE 43 SUBDIVISION NO. 3 :;Jua PEDESTRIAN PATHWAY EASEMENT SHEET SITUATE IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 8,T3N 20172 lye ENGINEERS.INC. R1 E BOISE MERIDIAN.CITY OF MERIDIAN COUNTY OF ADA,STATE OF IDAHO E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Impressive East Ridge Subdivision No. 3 Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-063225 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE MT-2022-0199 Impressive East Ridge Subdivision No.3 Water Main Easement No. 1 tiVATER MAIN EASEMENT . THIS Easement Agreement, made this 12th day of.JUIy.--, 20 22 between G20 L.L ("Grantor"), and and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provisled for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee, NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property; (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto; that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the, area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby gyanteit shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their- signatures the day and year first herein above written. GRANTOR: Ah G 20 LLC STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by Jim Conger (name of individual), [conPlete the following tf signing in a representative capacity, or strike the following if signing in an individual capacio,] on behalf of G20 LLc (name of entity on behalf of whore record was executed), in the following representative capacity: Member (type of authority such as officer or trustee) (stamp) •°'�°0lE L,4A), Notary Signature r My Commission Expires: 0 a ° o a e ;�JpUB L1CI% ne JJ A Q+1,e� w � V�eeq' YO. '.� °eoeeeee OF JlJffilJJ�f�•° I Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Sirnison,Mayor 7-12-2022 Attest by Chris Johnson,City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) s This record was aelmowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 I , € f i E F t € I i i € { Water Main Easement Version 01/01/2020 Sawtooth Land Surveying, LLC P; (208) 398-5104 F: (208) 398-8105 2030 5. Washington Ave., Emmett, 10 836 17 Water Easement C. i Legal Description BASIS OF BEARINGS for this description is N. 89059'28"W. between the 5/8"rebar illegible cap marking the. E1/16 corner common to Sections 32 and 5, and the brass cap marking the S1/4 corner of Section 32, both in T. 3 N., R. 1 E., B,M.,Ada County,Idaho. An easement located in the SW1/4 of the SE1/4 of Section 32,T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the S1/4 corner of said Section 32; Thence N. 0008'57" E., coincident with the west line of said SW1/4 of the SE1/4 of Section 32, a distance of 75,00 feet to a 5/8" rebar/cap PLS 11574; Thence N. 15004'06"E., 481.14 feet to the POINT OF BEGINNING; Thence N, 0000'32" E., 218.93 feet; Thence N. 45000'32'E,, 52.42 feet; Thence S. 89059`28"E., 161,70 feet; Thence N. 0000'32" E., 101.00 feet to a point on the boundary of Impressive Eastridge Subdivision No, 1, as shown In Book 116 of Plats, at pages 17449-17501, Ada County Records; Thence S. 89059'28"E., coincident with said boundary, 20.00 feet; Thence S. 0000'32"W,, 121,00 feet; Thence N. 89059'28"W., parallel with said boundary, 173.42 feet; Thence S, 45000'32"W., 35.85 feet; Thence S. 01100'32"W., 190,65 feet; Thence S. 89Q59'28"E., parallel with said boundary, 96.37 feet; Thence S. 0000'32"W., 20.00 feet; Thence N. 89059'28"W., parallel with said boundary, 116,37 feet to the POINT OF BEGINNING. The above described easement contains 0,291 acres, more or less. SG c',�Ctf °d '! :5 7 ft44 P:\2021\1 EMT\121330-1-ASTRIDGE SUB PH 3\Survey\Drawings\De scrip tions\121330 water ease no 1 Legal.docx i1 H N VOW"E 1344,22'° � 021.62 Q U 50.00' f o 44l.60' N n vim, 8v w lye I �NZ N 00°00 32"E 216,93' iv I { S 00°00 32"W 190.65, 00 I �lou\ w cn �e°n��3 orn m w l 101.00, N 00°00'32"E I a ( 5 00°00'32"W 4Q I 121.00` �b' Ili bn a ( 1tv I i 50 ml CID ICI a 1 a Y I I ro N I c>> r 1 ' fll H O r`wfv 1A. I EAGLE RD. PROJECT: tlWNER/OEVELOPER: bWG# 2030 S, WASHINGTON AVE, 121330 FX IMPRESSIVE EAST RIDGE SUBDIVSION NO,3 EMMETT, ID 83617 WATER EASEMENT NO, 1 EXHIBIT CONGER P; (208)398-8104 PROJECT# SWI/4 OF THE SE114 F. (208)398-8105 121330 SECTION 32,T.3 N",R. I E.,B.M., f!!%Y CITY OF MERIDIAN,ADA COUNTY,IDAHO DATE: SHEET M Land 5uiv� iix,LLG I 412022 Y" I WWWSAWTOOTHLS.COM 10F 1 I i E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-063231 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/13/2022 08:45 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0192 Prescott Ridge Subdivision No. 1 THIS Easement Agreement, made thisl 2th day of JulY 2022 between PrQvidginge PrQperties, LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described-, and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received byte Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is forte purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV,01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Mitchell S.Armoth,A4*#r;-e#4 itgdrr, R-owk e Pipper4tty, LL,- STATE OF IDAHO ) u ) ss County of Ada ) This record w S owledged before me on 12 ate by ZaAm,,I/,.5, 111% of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Providence Properties,_LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Authorized Agent (type of authority such as officer or trustee) PENNY SMITH COIF. IISSSII N#23M5 r N LIBLIC STATE OF IDAHO [MY COMMISSION EXPIRES 02/16I2025 Notary Sig re My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G June 14, 2022 Project No.21-099 Prescott Ridge Subdivision No. 1 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer easement being a portion of Lot 18 Block 1, Peregrine Heights Subdivision (Book 68 of Plats at Page 7026-7027,records of Ada County, Idaho)and also situated in the East 1/2 of the Northwest 1/4 of Section 28,Township 4 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an iron pipe marking the Center 1/4 corner of said Section 28, which bears S00°43'55"W a distance of 2,635.29 feet from an aluminum cap marking the North 1/4 corner of said Section 28; Thence following the easterly line of said Northwest 1/4 of Section 28, N00°43'55"W a distance of 726.80 feet; Thence leaving said easterly line, N89°16'05"W a distance of 123.63 feet to the POINT OF BEGINNING. Thence S39°52'06"W a distance of 582.29 feet; Thence S21°26'40"W a distance of 57.63 feet; Thence S00°48'35"W a distance of 85.15 feet; Thence S89°25'31"E a distance of 5.96 feet; Thence S00°34'29"W a distance of 23.50 feet; Thence N89°25'31"W a distance of 91.00 feet; Thence N00°34'29"E a distance of 47.00 feet; Thence S89°25'31"E a distance of 14.30 feet; Thence S00°34'29"W a distance of 23.50 feet; Thence S89°25'31"E a distance of 50.74 feet; Thence N00°48'35"E a distance of 88.87 feet; Thence N21°26'40"E a distance of 64.51 feet; Thence N39°52'06"E a distance of 562.03 feet; Thence N50°07'54"W a distance of 118.52 feet; Thence N39°14'42"E a distance of 23.50 feet; Thence S50°07'54"E a distance of 138.78 feet to the POINT OF BEGINNING. Said descriptions contain 19,903 square feet(0.457 Acres), more or less,and subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part of. o� a to 12459OF a L. B�►Z'1'A� 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com LEGEND ® FOUND ALUMINUM CAP 00 FOUND IRON PIPE QO PROPOSED 5/8" REBAR 0 PROPOSED 1/2" REBAR 21 CALCULATED POINT FOUND ALUMINUM CAP J 28 — — SECTION LINE N 1/4 SECTION 28 SUBDIVISION BOUNDARY N39'14'42"E S50'07'54"E o,I PROPOSED LOT LINE 23.50' 138.78' � -- -- --- - EASEMENT LINE \\� 0 N50'07'54"W \ N89'16'05"W LINE TABLE �118.52' �123.63' (TIE) Lot 18, Block 1 ^� / / POINT OF LINE BEARING DISTANCE Peregrine Heights / / BEGINNING Subdivision / L1 S89'25'31"E 5.96 `Z aJ / L2 NO'34'29"E 47.00 �yc°�°'�� L3 S89'25'31"E 14.30 I_ o L4 SO'34'29"W 23.50 N 1-0— L5 S89'25'31"E 50.74 h� // r` N co �1_6 NO'48'35"E 88.87 // `� Uj o / Providence Properties, LLCM /// ��o R6991222550 I om Iz Y / / N N21'26'40"E / a 64.51' S21'26'40"W /-57.63' g SOO'48'35"W m L3� co [�-�85.15' z J L1 i a W. Ladle Rapids St. � _j I S00'34'29"W 23.50' Z �N89'25'31"W Proposed Prescott Ridge 91.00, POINT OF COMMENCEMENT Subdivision No. 1 FOUND IRON PIPE ' C 1/4 SECTION 28 o — Z ¢ ¢ 3 s 0 150 300 450 Plan Scale: 1" = 150' H N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 } PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement � kmengllp.com Prescott Ridge Subdivision No. 1 �i DATE: Ju n=2022 1 'o ¢ PROJECT: 21-099 SHEET: A parcel of land situated in the Southeast 1/4 of the Northwest 1/4 of d 1 OF 1 Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho l� 1�s2 g��e �+ LU 4 =a, 1 io nR9`?i31"r 91.00 Title: I Date: 06-14-2022 Scale: 1 inch= 150 feet File: Tract 1: 0.457 Acres: 19903 Sq Feet: Closure=n05.3818e 0.01 Feet: Precision=1/144229: Perimeter= 1977 Feet 001=s39.5206Nv 582.29 007=n00.3429e 47.00 013==n39.5206e 562.03 002=s21.264ONv 57.63 008=s89 2531 e 14.30 014=n50.0754w 118.52 003=s00.4835Nv 85.15 009=00.3429w 23.50 015=n39.1442e 23.50 004=s89.2531e 5.96 010=s89.2531e 50.74 016=s50.0754e 138.78 005=00.3429w 23.50 011=n00.4835e 88.87 006=n89.253INY 91.00 012=n21.2640e 64.51 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Woodcrest Townhomes Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-063230 BOISEIDAHO Pgs=6 VICTORIA BAILEY 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0196 Woodcrest Townhomes MENT THIS Easement Agreement. made this 12tMay of 2�UI�2OZ between I-- Landmark Pacific Investors, LLC (-Grantor-) and the City of Meridian, an Idaho Municipal Corporation ("Grantee"), WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others: and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and 13) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easernent and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking Such repairs and maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in tills easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land. and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: La �ac 1-v�veS�-Crs� L.�C Y�r•r ya.� STATE OF IDAHO ) ) ss County of Ada ) ZV2 2 This record was acknowledged before me on tJ 7 , (date) by Matt Drown (name of individual), [complete the, ollowing i/ signing in a representative capacity, or strike the_1ollou-ing rf signing in an individual capacity] on behalf of Landmark Pacific Investors, LLC (name of entity on belialf of whom record was executed), in the following representative capacity: Manager (type of authority such as officer or trustee) (stamp) / KIMBERLY WOOD COMMISSION#20201020 Notary Signature NOTARY PUBLIC My Commission Expires: STATE OF IDAHO [MY COMMISSION EXPIRES 03h6/2026 Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-12-2022 Attest by Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-12-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 LAND SURVEYING PLLC Client: Landmark Pacific Development Inc. Date: June 22, 2022 Job No.: 4722 Exhibit A SEWER & WATER EASEMENT DESCRIPTION A strip of land for the purpose of a sanitary sewer and water main easement located in the South West 1/4 of the South East 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and also being a portion of Lots 3 and 4, Block 1 of Mallane Subdivision, as on file in Book 87 of Plats on pages 9881 through 9883, records of Ada County, Idaho, and more particularly described as follows: Commencing at a found 2-1/2 inch diameter Aluminum Cap stamped"Reset 2021 PLS 11574" marking the South West corner of said South East 1/4, (South 1/4 corner)from which a found 3-1/2 inch Brass Cap stamped"PLS 7015" marking the South East corner of said Section 5 bears South 890 48'44" East a distance of 2644.13 feet; Thence North 00° 28'03" East a distance of 313.94 feet to a found 1/2 inch diameter iron pin with cap stamped"PLS 11118" marking the South West corner of Lot 4, Block 1 of said Mallane Subdivision; Thence along the Southerly boundary of said Lot 4, South 891 33' 35" East, a distance of 99.59 feet to the TRUE POINT OF BEGINNING; Thence North 000 28' 11" East, a distance of 62.15 feet to the beginning of a tangent curve right; Thence a distance of 54.23 feet along the arc of said curve right, having a radius of 72.50 feet, a central angle of 420 51'21", the long chord of which bears North 21°53' 52" East, a distance of 52.97 feet; Thence tangent to said curve, North 43' 19'32" East, a distance of 178.35 feet to the beginning of a tangent curve right; Thence a distance of 88.52 feet along the arc of said curve right, having a radius of 65.50 feet, a central angle of 770 26'03", the long chord of which bears North 820 02' 34" East, a distance of 81.94 feet; Thence tangent to said curve, South 59' 14' 25" East, a distance of 23.83 feet; Thence South 320 04' 32"West, a distance of 8.05 feet; Thence South 580 06' 51" East, a distance of 17.23 feet; Thence South 310 53' 09"West, a distance of 21.61 feet; Thence North 590 14' 25"West, a distance of 40.45 feet to the beginning of a tangent curve left; Thence a distance of 47.98 feet along the arc of said curve left, having a radius of 35.50 feet, a central angle of 77126' 03", the long chord of which bears S. 820 02' 34"W., a distance of 44.41 feet to a point; Thence tangent to said curve, South 430 19' 32"West, a distance of 178.35 feet to the beginning of a tangent curve left; Thence a distance of 31.79 feet along the arc of said curve left, having a radius of 42.50 feet, a central angle of 420 51'21", the long chord of which bears S. 210 53'52"W., a distance of 31.05 feet; Thence tangent to said curve, South 000 28' 11"West, a distance of 97.47 feet; 623 1 lth AvEast South,Nampa,ID 83651 •T. (208)442-0115 •C. (208)608-2510 •rgray.cls@gmail.com COMPASS LAND SURVEYING,PLLC Landmark Pacific Development-4722\Survey\Descriptions\Sewer Water Esmt.doc Page 2 of 2 Thence North 890 45'48"West, a distance of 30.00 feet; Thence North 000 28' 11" East, a distance of 35.45 feet to the TRUE POINT OF BEGINNING. This easement strip contains 12,695 square feet more or less tL 0 cc ?732 qr of GAP qRp A• 623 11th AvEast South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com Exhibit B 65.5 ::.::...:..:.. SS9�7yf. ?se rj; 0- Tr2EV �S:::::::::: m -- g`L . .. cQ . .: . '. h�1b ^ry. Ln CO b V • II :• O O :• V N g13D A• Y O C : n 5 8 4722 Sewer & Water Easement 6/22/2022 Scale: 1 inch= 40 feet File: Tract 1:0.2914 Acres(12695 Sq.Feet),Closure:s06.3043w 0.02 ft.(1/57086),Perimeter=915 ft. 01 n00.2811e 62.15 11 s43.1932w 178.35 02 Rt,r=72.50,delta=042.5121,chord=n21.5352e 52.97 12 Lt,r=42.50,delta=042.5121,chord=s21.5352w 31.05 03 n43.1932e 178.35 13 s00.2811w 97.47 04 Rt,r=65.50,delta=077.2603,chord=n82.0234e 81.94 14 n89.4548w 30 05 s59.1425e 23.83 15 n00.2811e 35.45 06 s32.0432w 8.05 07 s58.0651 a 17.23 08 s31.5309w 21.61 09 n59.1425w 40.45 10 Lt,r-35.50,delta=077.2603,chord=s82.0234w 44.41 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Order for Vertex Subdivision No. 1 (FP-2022-0015) by Brighton Development, Inc., Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 28, 2022 ORDER APPROVAL DATE: JULY 12, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 37 BUILDING ) CASE NO. FP-2022-0015 LOTS ON 12.1 ACRES OF LAND IN ) THE R-8 ZONING DISTRICT FOR ) ORDER OF CONDITIONAL VERTEX NO. 1 SUBDIVISION. ) APPROVAL OF FINAL PLAT BY: BRIGHTON DEVELOPMENT, ) APPLICANT ) This matter coming before the City Council on June 28, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING VERTEX SUBDIVISION NO 1, LOCATED IN THE GOVERNMENT LOT 2 OF SECTION 5, TOWNSHIP 2N, RANGE l E, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 5/9/2020, by Aaron L. Ballard, PLS, SHEET 1 OF 6," ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 1 Sub.—FILE#FP-2022-0015) Page 1 of 3 is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 28, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 1 Sub.—FILE#FP-2022-0015) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 12th day of July , 2022. By: Robert E. Simison 7-12-2022 Mayor, City of Meridian Attest: Chris Johnson 7-12-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-12-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 1 Sub.—FILE#FP-2022-0015) Page 3 of 3 EXHIBIT A STAFF REPORTC� fEPIDIAN*,, COM M UNI TY DEVEL OPM ENT DEPARTM ENT HEARING 6/28/2022 Legend qi DATE: � Wajec3 Lacafian ob TO: Mayor& City Counci I _ -- ob E FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: FP-2022-0015 00, Vertex Subdivision No 1 Final Plat LOCATION: Parcel #S1405120902, located on the 00, ---- south side of E. Lake Hazel Road . between S. Locust Grove Road and S. t I Eagle Road 1. PROJECT DESCRIPTION Final plat consisting of 37 buildable lots and 9 common lots on 12.1 acres of land in the R-8 zoning district, by Brighton Development Inc. 11. APPLICANT INFORMATION A. Applicant Representative: Josh Beach, Bri ghton Devel opment I nc.—2929 W. Navi gator Wy, Boi se, I D 83713 B. Owner: Brighton Development—2929 W. Navigator Wy, Boise, I D 83713 111. STAFF ANALYSIS I n January of 2022, the City Council approved a rezoning from R-4 to R-8, a Preliminary Rat for 97 lots and a modification to the DA (Apex East Subdivision, PP, RZ- H-2021-0086, DA Instr. 2022- 018711). This i s the fi rst of two phases of the bui I d-out of this development, consisting of 37 buildable lots and two common driveways. Amenities approved with the preliminary plat included with this phase area 29,014 sq. ft. open space with tot lot, a micropath (shown as Lot 28, Block 1) and 10 ft. wide pathways along both sides of S. Recreation Ave(which is being constructed as part of Interagency Cooperative Development Agreement I nstr. 2016-007073). As was requi red as a conditi on of approval of the prel i mi nary pl at, the appl i cant has provi ded detai I s of the tot I of on the I andscape pl an. The Ci ty Counci I granted a waiver from the requirement to the the Farr Lateral as is allowed per UDC 11-3A-6.All development shall comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Pagel Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and development agreement in accord with the requirements listed in UDC 11-6B-3C.2. Because the fi nal pl at matches what was approved with the prel i mi nary pl at and devel opment agreement, there i s no i ncrease i n bui I dabl e I ots, and the pl at contai ns the same amount of qual i fi ed open space, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as requi red. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Approved Preliminary Rat (date: 12/20/2021) fE6:b1 HPLfd I I �MPXE'�Nf EASFgQaE �ipQSTyy� 1331 •_ ref 11 LJV il4i I � 1 0 4 o� `� ti ,t , — ti IL11 I % I (D o I r (�! �% I KEEP 50901YISI�F Yo.L i 0 Tip v �L %%kwinlwri as. 77M dF MEWYJL Ll f1dP5I77�if 4 I sr. ` tii I eIM E l rt i^l 1% I RESOENFUL cr— +rf{ f�do L7 l I 4� O B LJ k 0 01 � � I o ,l - D Im. % t:+ r �4! 0 _ k .y. OLM3 E ti5 _ } •It?'_Rh C5A.55if Cf7liC 34 I Page 3 B. Proposed Final Rat (date: 5/9/2022) � v ''S8956d5"E 233.19' IL6 � T — ti L7 anlaf I _ NDO 01'10"E 98.30' L6t i,elcd i Reap Ranch 4 IV Q 1 BLOCK 1 t W � I Qm h 1 d c eLOCK 2 h x �e 0 6 LJ 23 d1� rQQ_I 0 0 � /� BLOCK 2 #•h Ramp R �J 7 ❑'35'W _ 9L6LYLf E. [ hh 125,48' I tir h E, h 79 LJ 31 BLOCK 1 �6.�•3��5 1 �` hti 578.50'3d"W tir 1 L,5 1 Q � 69.60' S66'22'51'W 1 1 w N89'S8'30"W 65.67' h 66,00' h h 0 E.Optimum 5t. 573'�$'47"W h l o � p 69.80' h I o h __ ' S00'01'10"W 583.38'47"W F—IL S 60.50, 69.69, UgAotted r +�a � L3 569.55'25"W N69'58'50'W 7 0-00' � N 6 W CEN�IIi QF SECTI0.Y 5 Page 4 C. Approved Landscape Plan (date: 12/28/2021) -- _LAO r=,fm ' 5k w �r w 5 II 1 ti 's fi real i OOEE pwp o '�`" 5 AFFLMK i,3S7fi�dr Zil '} �t3i 'x'� r 4x+lJ iss •�0io A E:5no4w 1" L p 5 EL DU4 7 7- E'1F7YUN.IM STi :391 �21.00f 1 ,4 ' 1 I a L4 h a. 4 i i�EoWrrld k 5 .. 4. aJ ti'31. -i ".�-�'� ,ya �A:JA�E INUESr.UF1Tfl6L� - All Page 5 D. Proposed Landscape Plan (date: 5/10/2022) E.LAKE HAZEL Rd. •r. LOCK 1 as gar 12 19 Lam. Tjf :BLDCK•2 : . . 2� h fpF�r�fN� I -�• ` ui + is zz pal�h •.+; II I Q � �k��fi h 1 r 255��5�h a rh BLOCK 1 6 e• -RR, � h ,� k.V�1C1[HA Z8.v 26 1 1 f�ar� 3d �hh 31 � 32 �1 34 f 4 h 35 BLOCK I ,g, E.OPTIMUM ST. Page 6 E. Fencing Plan (date: 5/10/2022) � r 5 5 S 6 - — (D 1 — } S ; •0 K - 4 • `Y 5 rryy,,���qqp �i�Lmm�ISi I iwfi lhVYi� ■wcR T'I ��LYG�!" e.urlhw.w f i. a rmYvr. n� -- 11 II� FENCE E}CHIBIT FENCE SCHEDULE SYMBOLS DESCRIPTION 6' HEIGHT STAINED CEDAR WOOD FENCE. SEE L4.0-9. 5' HEIGHT OPEN VISION METAL FENCE. SEE L4.0-8. Page 7 F. Open Space Exhibit (date: 5/10/2022) L3 ti Ni -Icl.qcTmh -I= d 71 3.LZ o IN 31 LP0 P21 •,k I La 36 Tu dLE Jill L� C 4 L ti vo % II LEGEND PARKWAY(ouAunED OPEN SPACE) CURRENT PHASE COMMON LOr(O",rcD OPm SPACr)—Cl.URRrw PwAr COMMON LCr(NOT OUAUrlCD OPEN SPACE)-CURRENT PHASE PARKWAY(OUALIFIED OPEN SPACE) F=Flt PHASE COMMON LCrr(OUAUrED OPEN SPACEI -PMRC PHASE COMMON t.OF (1401 OUhLlfltD OPfA SPACE.)—OUIURE.PHASE Page 8 G. Common Drive Exhibit (date: 5/10/2022) THE DEVELOPER IS REFY'DNSIBLE FOR INSTAWNG LA MCAFINO AND IRRIGAT'ON AND THE HCA IS RESPONSIBLE FOR NARLTAIHIW allILDING ENVELOPE TYPICAL. LANDSCAPIND AND IRRIGA➢ON IN THI5.AREA DRIVEWAY FOR LOT 24 BLOCK 1 TO BE LCCATEU ON THE DFPp9TE SIDE OF THE 1 5HARED COMWA DRIVE _ PROPERTY LWE n 7 a �- 5' - r LOT 29 OWNER j� y � Q BLOCK 1 IS N FOR INSTESRDNSI Ma B£ E AILIHC p m; MNNTNNIw6 IN N9 THIS RRI F M1DN - �R MOW _ - l w�Lrr Is�t lDT i 4 -A4 DRIVE _ BUILDING ENVELOPE.TYPICAL. BLOCKS , - 1 f DRIVEWAY FOR LOT 15 BLOCK 1 TO BE LI]CAT"OH THE hh �A�rp� �TEWE OF THE SHAREQ r DIVE PFWER1P UNE ILDING ENVELOPE TTROAL LOT TA VONER IS RESPONSIBLE FOR LOT 27 15 A HON-BUILDABLE T 13 OWNER 15 RESPONSIBLE INSTALLING ANG MNNTADOHC D7MMON LOT WITH A BLANKET - IN IUSTALDNG AND Y4INTAIHIIN LANOWAPIM AID IRRIGATION IN ARE0. IHCRE55/EGRESS EASETVEHT IN FAVOR ryDSD•APING Alrp IRRIGATIgN IN '� EAST OF DELINEATION LINE OF LOTS M MO 26,EL=i E AREA WEST OF DELINEATION IE LOT 12 I5 4 NON-MJ LDAaLE COMMON tNEW"FOR LOT 11 BLOCK 1 LOT WITH A BLANKET INDRE55/EGRESS I BE LOCATED OH THE [acF] ,IN FAVOR Dr LDTS 1s AND _ .PDSITE SIM OF THE SHARED T4,BLOCK $AMON DRIVE PROPERTY UNE *I' — - -_ _- -- - DELINEATION LIME Page 9 VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. The applicant is to meet all terms of the approved annexation (AZ H-2015-0019), preliminary plat (H-2021-0086), and development agreements(Instrument#2014-105206, 2022-018711)for this development. 2. The appl i cant has two years f rom the date of si gnature on the previous final plat phase to obtain City Engineer's signature on thisfinal plat or apply for atimeextension in accord with UDC 11- 613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Required street frontage improvements along E. Lake Hazel Rd. and the construction of S. Recreation Way including pathways, and landscape buffers shall be constructed prior to or with the fi rst phase of construction. 5. Revi se the notes on the face of the pl at prepared by KM Engi neeri ng pri or to si gnature on the f i nal pl at by the Ci ty Engi neer, as fol I ows: a. Add note referencing development agreement i nstr. 2022-018711. b. Note#10: 1 ncl ude recorded instrument number. c. Note#11: Include recorded instrument number. d. Note#12: 1 ncl ude recorded instrument number 6. The landscape plan prepared by KM Engineering, dated 05/10/2022, is approved as submitted with the revision that the micropath in Lot 12, Block 1 be landscaped as required per UDC 11- 313-12. 7. Al I common driveways shall I meet the requi rements of 11-6C-2-D i ncl udi ng a perpetual i ngress/egress easement bei ng fi I ed with the Ada County Recorder,which shall I i ncl ude a requi rement for mai ntenance of a paved surface capabl a of supporti ng fi re vehi cl es and equi pment. 8. The City Council waived the requirement to the the Farr Lateral.All other ditches shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 9. Future homes constructed within the subdivision must comply with the submitted elevations approved with the recorded development agreement.The rear and/or sides of 2-story structures that face E. Lake Hazel Rd. or S. Recreation Ave shall incorporate articulation through changes in two or more of the fol I owi ng: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elementsto break up monotonous wal I pl anes and roof I i nes. Si ngl e-story structures are exempt from thi s requi rement. 10. All fencing shall be installed in accordance with UDC 11-3A-7. 11. Stormwater i ntegrati on faci I iti es shall I compl y with the standards I i sted i n UDC 11-313-11 C. 12. Pri or to si gnature of the f i nal pl at by the City Engi neer, the appl i cant shal I provi de a I etter f rom the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 13. Staff's f ai I ure to ci te specif i c ordi nance provi si ons or conditi ons f rom the prel i mi nary pl at does not rel i eve the appl i cant of responsi bi I i ty f or compl i ance. Page 10 14. Pri or to the i ssuance of a bui I di ng permi t, the f i nal pl at shal I be recorded. 15. Temporary construction or permanent fencing to contain debris shall be i nstal I ed at the subdivision boundary prior to release of building permits for this subdivision. B. PUBLIC WORKS General Conditions: 1. Sanitary sewer service to this development is avai I abl e via extension of existing mai ns adj acent to the devel opment. The appl i cant shall install mai ns to and through this subdivision; appl i cant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mai ns that are requi red to provi de servi ce. M i ni mum cover over sewer mai ns is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is avai I abl a via extension of existing mains adjacent to the development. The applicant shall be responsible to i nstal I water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the fi nal plat asset forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide awritten certificateof completion asset forth in UDC 11-3B-14A. 5. A I etter of credit or cash surety in the amount of 110%wi I I be requi red for al I incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the fi nal plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by aline item cost estimate provided by the owner to the City. The applicant shal I be required to enter into a Development Surety Agreement with the City of M eri di an. The surety can be posted i n the form of an i rrevocabl e I etter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more i nformati on at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.Thi s surety amount wi I I be verifi ed by a I i ne i tem fi nal cost i nvoi ci ng provi ded by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer si gnature on the f i nal plat and/or pri or to occupancy,a surety agreement may be approved as set forth i n UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval I etter. Page 11 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Ameri cans with DisabiIitiesAct and the Fair Housing Act. 11. Appl i cant shal I be responsi bl e for application and compl i ance wi th any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. DevelopershallcoordinatemailboxlocationswiththeMeridianPostOffice. 13. All grading of thesiteshall beperformed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads recei vi ng engi neered backf i 11, where footi ng woul d si t atop f i 1 I materi al. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom el evati on of the crawl spaces of homes i s at I east 1-foot above. 16. The appl i cants desi gn engi neer shal I be responsi bl e f or i nspecti on of al I i rri gati on and/or drai nage facility within this project that do not fall under thejurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the f aci 1 i ti es have been installed in accordance with the approved design plans.This certification will be requi red before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures wi thi n the project. 18. Street light plan requirements are 1 i sted in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx7d=272). All street lights shall be i nstal I ed at developer's expense. Final design shal I be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the I SPWC and the City of Meridian Supplemental Specifications to the I SPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The appl i cant shal I provi de easement(s)for al I publ i c water/sewer mai ns outsi de of publ i c ri ght of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a si ngl e uti I ity, or 30-feet wi de for two. The easements shal I not be dedi cated vi a the pl at, but rather dedicated outside the plat process using the City of M eri di an's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form avai I abl e f rom Publ i c Works), a I egal descri pti on prepared by an I daho L i censed Prof essi onal Land Surveyor, which must i ncl ude the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must besubmitted, reviewed, and approved prior to si gnature of the fi nal pl at by the Ci ty Engi neer. 20. Applicant shall be responsible for application and compliance with and N PDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Page 12 Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and i nspecti ons. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and conti guous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. PARKSAND RECREATION https.-Ilweblink.meridiancity.or lWebLink/DocView.aspx?id=263876&dbid=0&repo=Meridian City Page 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Order for Vertex Subdivision No. 2 (FP-2022-0016) by Brighton Development, Located on Parcel #S1405120902, south of E. Lake Hazel Rd., between S. Locust Grove Rd. and S. Eagle Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 28, 2022 ORDER APPROVAL DATE: JULY 12, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 58 BUILDING ) CASE NO. FP-2022-0016 LOTS ON 19.24 ACRES OF LAND ) IN THE R-8 ZONING DISTRICT ) ORDER OF CONDITIONAL FOR VERTEX NO. 2 SUBDIVISION. ) APPROVAL OF FINAL PLAT BY: BRIGHTON DEVELOPMENT, ) APPLICANT ) This matter coming before the City Council on June 28, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING VERTEX SUBDIVISION NO 2, LOCATED IN THE SW '/4 OF THE NE '/4 OF SECTION 5 AND A PORTION OF GOVERNMENT LOT 2 OF SECTION 5, TOWNSHIP 2N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 2 Sub.—FILE#FP-2022-0016) Page 1 of 3 HANDWRITTEN DATE: 5/9/2020, by Aaron L. Ballard, PLS, SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 28, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 2 Sub.—FILE#FP-2022-0016) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 12th day of July , 2022. By: Robert E. Simison 7-12-2022 Mayor, City of Meridian Attest: Chris Johnson 7-12-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-12-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Vertex No 2 Sub.—FILE#FP-2022-0016) Page 3 of 3 EXHIBIT A STAFF REPORTC� fE IDL-'AHN*, - COM M UNI TY DEVEL OPM ENT DEPARTM ENT HEARING 6/28/2022 Legend qi DATE: lWajec3 Lacafian ob TO: Mayor& City Counci I _ -- ob E FROM: Alan Tiefenbach, Associate Planner 208-489-0573 SUBJECT: FP-2022-0016 0 Vertex Subdivision No 2 Final Plat LOCATION: Parcel #S1405120902, located on the 00, ---- south side of E. Lake Hazel Road . between S. Locust Grove Road and S. t I Eagle Road -------- --------i 1. PROJECT DESCRIPTION Final plat consisting of 58 buildable I ots and 11 common lots on 19.24 acres of land in the R-8 zoning district, by Brighton Development Inc. 11. APPLICANT INFORMATION A. Applicant Representative: Josh Beach, Bri ghton Devel opment I nc.—2929 W. Navi gator Wy, Boi se, I D 83713 B. Owner: Brighton Development—2929 W. Navigator Wy, Boise, I D 83713 III. STAFF ANALYSIS I n January of 2022, the City Council approved a rezoning from R-4 to R-8, a Preliminary Rat for 97 lots and a modification to the DA (Apex East Subdivision, PP, RZ- H-2021-0086, DA Instr. 2022- 018711). This is the second of two phases and consists of 58 buildable lots and 11 common I ots, including one common driveway serving two lots. Amenities approved with the preliminary plat included with this phase area 44,673 sq. ft. and 48,510 sq. ft. open spaces at the southeast and southwest corners of the property, one of which contains a gazebo, a mi cropath (shown as Lot 43, Block 1), a 10 ft. wide pathway along the southern perimeter connecting from S. Recreation Ave. to the Farr Lateral, and 10 ft. wide pathways along both sides of S. Recreation Ave. (which are being constructed as part of Interagency Cooperative Development Agreement I nstr. 2016-007073). As was required as a condition of approval of the preliminary plat, the landscape plan provides a detail of the picnic area intended within Lot 3 Block 6. The City Pagel Council granted a waiver from the requirement to tilethe Farr Lateral as is allowed per UDC 11-3A- 6. Al I development complies with the dimensional standards I i sted in U DC Tabl e 11-2A-6 for the R-8 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and development agreement in accord with the requirements listed in UDC 11-6B-3C.2. Because the fi nal pl at matches what was approved wi th the prel i mi nary pl at and devel opment agreement, there i s no i ncrease i n bui I dabl e I ots, and the pl at contai ns the same amount of qual i fi ed open space, Staff f i nds the proposed fi nal pl at i s i n substanti al compl i ance wi th the approved prel i mi nary pl at as requi red. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Approved Preliminary Rat (dg< ]y2%01) - - - - - - - - - - - - - MUM �- _ - - S � -- - $ __. CD ` ¥ Q - - - _ � — � . � �--- � � @ � m. 2 \ \ ��- - � < � � - - - � � 3 2 � �- ` 0 9 2. � � � Q g g � � \ � � -- - � ®� \ \ � - - . � � � %IL g § LWM L_. I Page 3 B. Proposed Final Rat (date: 5/9/2022) E A$1$ OF QF-ARING . .. . . . . . .. .. .. .. .. .. fi9P`�'J51V Y850.A& .. .. -'------- -- .. ------ I,a �1� CdWER 1 YIo"R I C I Vertex 5 y 6uhdlvlslon k No.1 1 3i 1 vi I �LIT H7&50'34'E k I,��, S89'S8'S0"E 84 96' 1 Farm of fi6.d0' H73'18'Qi"E iB "kl 1 OFAMMINC NR3'3E'a7"E 89-80' L'+J l TI"0?5 89.58'S[I'E HOM31113-E fig-69' 20.07.90E127.dU70A0' inB ` Lot 2,Slwk 1 Bt-pR-WAY � L l Rmp RanEh 5ubdm&Lon 1IRALK 4 aRli+ L d L '� kti Sl1BdV1510N z o _BLOCKS 1 ti,, look 119.pg.18,374 g WOCKA 1 T E 7 k 1 fhR C10 BLOCK 44VS8'511-w NOQ"01'10"E * AEG of iA lid tik 5.66' H45'01'16"E 61.92' 5.616 fl � Unplatted kk 127.38' 400'01'16"E L'J KEEP SUBDI kEfP 516u RASA RAIN 5>DO'S9'12"E N79�3f,FF.µ, 842'57.13"w 31.97' � 19F.35' Ap 105.50' H65'OO'U9"'N 1 a'E LINE TABLE CURVE TABLE fi4-"�� LIME 9swumPISTNICE WRJE 4AfMllS EFlI6l11 DFLiA CX9RR EW 410fA CS OF SEC'WW 5 PR ' L1 569—M'E 2&32 Cl 9e5.5a' M.W TOK"' MM 2'94-E 6 54' % F*UXE3 OL MNUY W R CPhf N.. 11.01R231 Ci 101 X.57' 134.13' T34']7' IY17i9170'$ 134.W` Page 4 C. Approved Landscape Plan (date: 12/28/2021) -- _LAO r=,fm ' 5k w �r w 5 II 1 ti 's fi real i OOEE pwp o '�`" 5 AFFLMK i,3S7fi�dr Zil '} �t3i 'x'� r 4x+lJ iss •�0io A E:5no4w 1" L p 5 EL DU4 7 7- E'1F7YUN.IM STi :391 �21.00f 1 ,4 ' 1 I a L4 h a. 4 i i�EoWrrld k 5 .. 4. aJ ti'31. -i ".�-�'� ,ya �A:JA�E INUESr.UF1Tfl6L� - All Page 5 D. Proposed Landscape Ran (date: 5/10/2022) } 3` ,33'. 38• I 5 41 i v�.- vr-, E.TEN2]NG ti SCC�CK4 t� .�; '�. � ► CLvu .!1 ,d i ;2.} C i-�+ I �;} ,s• 1 �;..L ��5n1 �SO L�4 tja; y_ r� :2Ar `Z l .V C.) lh { 2- YY. 1. � Ln) �. MAKE IN 4ESTMENTS C4 LLC {P� \\ 514M I313" .;,4, 4 �� Page 6 E. Fencing Ran (date: 5/10/2022) y . V ]FIIYAI]MSf.� ' `.?) 1 CrA ewo�a Y �h�h �h -91OOi 1 A ]6 r a Q .. 73_i inl I � einec� 5L 1 \ 31 _--------- FENCE EXHIBIT A 0 EO 1fiP Ztl S ST I"�4T`I FENCE SCHEDULE SYMBOLS DESCRIPTION 6' HEIGHT STAINED WOOD CEDAR FENCE. SEE L4.0-6. 5' HEIGHT OPEN VISION METAL FENCE. SEE L4.0-5. Page 7 F. Open Space Exhibit (date: 5/10/2022) 4 TERa]�AN II 1 k` �, � f.H�4�p I REF SlleOIY1510N� 1 11 — l 43 I4�lk I 1 r l I 1 I eIDCK4 J k r13, 1inl eLnal3 ra i a V I V 4 �xf ti I kll u_e r -0 ---- E MAMIE INY ESTMENFS fS3 LC +E= E SiM]13130A DPEN SPACE E HIBIT M1 :M1n vnn a7n LEGEND PARKWAY(ouAunED OPEN SPACE)—CURRENT PHASE _ COMMON for(OVALIrfD OPFN SPACF)-CURREW PI✓AF COMMON LCr(NOT OUAUFICD OPEN SPACC)—CURRENT PHASE PARKWAY(OUAUFIED OPEN SPACE) F=Flt PHASE COMMON LOT(OUAUr ED OPEN SPACEI —FUTURE PHASE COMMON 1.01 (NOI OUALIFIED OPCJI SPACE)—IUIURE PHASE Page 8 G. Common Drive Exhibit (date: 5/10/2022) r � k � 1 � � BLOCKi r y ' q—` �pF} •.1 43 5�5 i rl 4� �; 'ILUING ENVELOPE. TYPICAL. Y LOT 44 I$ A NON-9VILDA13LE 1 CDIMMON LOT WITH A BLANKET &11LDING ENVELOPE. TYPICAL. INGRE55/EGRE5S EASEMENT IN FAVOR OF LOTS d5 AND L6, BLOCK 1 DRIVEWAY FOR LOT 47 BLOCK 1 Td EE LOCATED -ON THE "MSME SIDE OF THE SHARED COMMON DRIVE PROPERTY LINE LOTS 42-47, BLOCK 1 n 40 St] 3.20 Plan Scal e:i'=41Y Page 9 VI. Cl TY/AGENCY COM M ENTS& CONDI TI ONS A. PLANNING DIVISION 1. The applicant is to meet all terms of the approved annexation (AZ H-2015-0019), preliminary plat (H-2021-0086), and development agreements(Instrument#2014-105206, 2022-018711) for thi s devel opment. 2. The appl i cant has two years f rom the date of si gnature on the previ ous fi nal pl at phase to obtai n City Engi neer's si gnature on thisfinal plat or apply for a ti me extensi on in accord with UDC 11- 613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revi se the notes on the face of the pl at prepared by KM Engi neeri ng pri or to si gnature on the f i nal pl at by the Ci ty Engi neer, as fol I ows: a. Add note referencing development agreement i nstr. 2022-018711. b. Note#10: 1 ncl ude recorded i nstrument number. c. Note#11: Include recorded instrument number. d. Note#12: 1 ncl ude recorded i nstrument number 5. The I andscape pl an prepared by KM Engineering, dated 05/10/2022, is approved assubmitted. 6. The City Council waived the requirement to tilethe Farr Lateral. All other ditches shall comply wi th the provi si ons f or i rri gati on di tches, I ateral s, canal s and/or drai nage courses, as set forth i n UDC 11-3A-6. 7. All common dri veways shal I meet the requirements of 11-6C-2-D including a perpetual i ngress/egress easement being filed with the Ada County Recorder, which shall i ncl ude a requirement for maintenance of a paved surface capable of supporting fi re vehi cles and equi pment. 8. Development within the Williams Ri pel i ne easement shall comply with the Williams Developers' Handbook. 9. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings based on the number of bedrooms per unit. 10. The rear and/or sides of 2-story structures that face E. Lake Hazel Rd. or S. Recreation Ave shal I 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 i ntegrated architectural el ements to break up monotonous wal I pl anes and roof I i nes. Si ngl e- story structures are exempt from this requirement. 11. All fencing shall be installed in accordance wi th UDC 11-3A-7. 12. Stormwater integration facilities shalI comply with the standards Iisted in UDC 11-313-11C. 13. Pri or to si gnature of the f i nal pl at by the Ci ty Engi neer, the appl i cant shal I provi de a I etter f rom the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster for more information. 14. Staff's f ai I ure to ci to speci fi c ordi nance provi si ons or condi ti ons from the prel i mi nary pl at does not rel i eve the appl i cant of responsi bi I i ty for compl i ance. 15. Prior to the issuance of a building permit, the final plat shall be recorded. Page 10 16. Temporary construction fencing to contain debris shall be installed at the subdivision boundary pri or to rel ease of building permi ts f or thi s subdi vi si on. 17. Future homes constructed within the subdivision must comply with the submitted elevations approved with the recorded development agreement. B. PUBLIC WORKS Site Specific Conditions: 1. Streetl i ght fi xtures must be cal I ed out on a streetl i ght pl an. The type 1 streetl i ght on Recreation will need to betied into the existing meter, or a new meter will need to be i nstal I ed; ei ther way thi s shoul d be detai I ed on the streetl i ght pl an. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development.The applicant shall install mai ns to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shal I be used in conf ormance of City of Meridian Public Works Departments Standard Speci fi cati ons. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to i nstal I water mains to and through this development, coordinate main size and routing with Public Works. 3. Al I i mprovements rel ated to publ i c I ife,safety and heal th shal I be compl eted pri or to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such i mprovements i n order to obtain City Engineer si gnature on the f i nal plat asset forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provideawritten certificateof completion asset forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete f enci ng, I andscapi ng, ameni ti es, pressuri zed i rri gati on, pri or to si gnature on the fi nal pl at. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The appl i cant shal I be requi red to enter i nto a Devel opment Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Devel opment Servi ce for more i of ormati on at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety i n the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a durati on of two years. Thi s surety amount wi I I be verif i ed by a I i ne i tern f i nal cost i nvoi ci ng provi ded by the owner to the Ci ty. The surety can be posted i n the form of an i rrevocabl e I etter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Devel opment Servi ce for more i of ormati on at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health Page 11 improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement maybe approved asset forth in UDC 11-5C-3C. 9. Appl i cant shal I be requi red to pay Publ i c Works devel opment pl an revi ew, and constructi on inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsiblefor application and compliancewith any Section 404 Permitting that may be requi red by the Army Corps of Engi neers. 12. Devel oper shal I coordi nate mai I box I ocati ons with the M eri di an Post Off i ce. 13. All grading of the site shal I be performed in conf ormance wi th MCC 11-1-413. 14. Compacti on test resul ts shal I be submi tted to the M eri di an Bui I di ng Department f or al I building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engi neer shal I be requi red to certify that the street centerl i ne el evati ons are set a mi ni mum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainagefaciIitywithinthisproject that do not falI under thej uri sdi cti on of an i rri gati on di stri ct or ACH D.The desi gn engi neer shal I provi de certi f i cati on that the f aci I i ti es have been i nstal I ed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the comp)eti on of the project, the appl i cant shall be responsi bl e to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 18. Street light plan requirements are I i sted in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?d=272). All street lights shall be i nstal I ed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the I SPWC and the City of Meridian Suppl emental Speci fi cati ons to the I SPWC. Contact the Ci ty of M eri di an Transportati on and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The appl i cant shal I provi de easement(s)for al I publ i c water/sewer mai ns outsi de of publ i c ri ght of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a si ngle utiI ity, or 30-feet wide for two. The easements shal I not be dedicated via the plat, but rather dedicated outside the plat process using the City of M eri di an's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the f orm avai I abl e f rom Publ i c Works), a I egal descri pti on prepared by an I daho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signatureof thefinal plat by the City Engineer. 20. Applicant shall beresponsiblefor application and compliancewith and NPDESpermitting that may be required by the Environmental Protection Agency. Page 12 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is uti I i zed,the developer wi I I be responsi bl e for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, I ateral s, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code42-1207 and any other appl i cabl e I aw or regul ati on. C. PARKSAND RECREATION https:Ilweblink.meridiancity.org/WebLinkIDocView.aVx?id-263877&dbid—0&repo—MeridianCity Page 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP-2022- 0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC� f IDIAN: AND DECISION&ORDER p H In the Matter of the Request for Short Plat to Create Two Buildable Lots on Approximately 0.31 Acres in the R-8 Zoning District,by Matthew Ferguson. Case No(s). SHP-2022-0007 For the City Council Hearing Date of. June 28,2022 (Findings on July 12, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 28, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 28,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 28, 2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) - I - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 28,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 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 § 1-7-10, seek judicial review of this final decision as provided by chapter 52,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 §§ 67-6521(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. G. Attached: Staff Report for the hearing date of June 28,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -3- By action of the City Council at its regular meeting held on the 12th day of July 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-12-2022 Attest: Chris Johnson 7-12-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-12-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -4- EXHIBIT A STAFF REPORTC� fE IDIAN*, - COM M UNI TY DEVEL OPM ENT DEPARTM ENT '°� HEARING 6/28/2022 legend DATE: Fro Lx a fan , TO: Mayor & City Council J FROM: Alan Tiefenbach, Associate Planner 208-498-0573 SUBJECT: SH P-2022-0007 Z � Ferguson Townhomes Short Plat LOCATION: 1335 NE 4th Street 1. PROJECT DESCRIPTION The Appl i cant proposes a Short Rat to create two buildable lots on approximately 0.31 acres in the R- 8 zoning di strict. I I. APPLICANT INFORMATION A. Applicant/ Owner Matthew Ferguson - 652 E. Bonita Canyon St., Meridian, ID 83646 B. Representative: Kellen Ericson, Alpha Omega Engineering—652 E. Bonita Canyon St., Boise, I D 83706 111. NOTICING City Council Posting Date Newspaper Notification 06/09/2022 Radius notification mailed to properti es withi n 500 feet 06/10/2022 Pagel I V. STAFF ANALYSIS The appl i cant proposes to repl at Lot 1, BI ock 1 of OI i ve Dal e Subdi vi si on No. 1 i nto two (2) 1 ots to construct single family attached units; one on each lot. The applicant has submitted construction pl ans whi ch i ndi cate the i ntended f I oorpl ans and ref I ects curb, gutter and a 5 ft. wi de attached sidewalk being constructed along the frontage of the property. As NE 41h St. is a Iocal road, a landscape buffer is not required. A I arge porti on of the property i s shown to be wi thi n a 100-year f I oodpl ai n. The FI oodpl ai n Administrator has noted afIoodplain permit will be required prior to building permit. The short plat i nd i cates the area of the f I oodpl ai n and has note requi ri ng com pl i ance w i th the City'sfIoodplain regul ati ons as requi red by UDC 10-6. Staff has revi ewed the requested short pl at proposal. I f the pl at i s revi sed to adj ust the i nternal I of I i ne between Lots 1 and 2 so both lots meet the mi ni mum 40 ft. frontage requi rement i n the R-8 zoni ng district, the proposal would meet the criteria for approval per UDC 11-613-5. V. DECI SI ON A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VI I of this report. B. The Meridian City Council heard this item on June 28, 2022.At the public hearing.the Council moved to approve the sub!ect short pl at request. 1. Summary of the City Council public hearing: a. In favor: Matthew Ferguson b. In opposition: None c. Commenting: Matthew Ferguson d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key i ssue(s)of pubs i c testi monv: a. None 3. Key i ssue(s)of di scussi on by Ci ty Counci 1: a. None 4. City Council change(sl to Commission recommendation: a. None Page 2 VI. EXHIBITS A. Existing Olive Dale Subdivision No 1 OLIVE DALE 5[JBDIVIS[ON NO. 1 1'oRTION OF x I/E. NE I14. NI'IA. SECTION T,T.W.R.IE_R.M. ADA COUNTY, IDAHO N 19B$ N va Src r eo :a a _ _i4o yrn >IcdLc al EccT 1086.64 492o.OG eao�la' srsl'3a 1 C.HAPIN SUBDIVISION 610, NO. 2 UNPLATTED 50 h W 1 I I I + BAILEY 'm _ AVENUE -�� I Avlr S.89'54'10'W. 585.38' °/ 31A0 91.42' 71.01' M1 ]I.00 IE0.9E 3O.Od I o �.e o 3 r O i 91 SIS OF H[/MMQ 5 y c 3 _ 4 .°a q S 3 m g 4 $ o Ld rr 2 W W.to n --- -- ----- �� ---- --___ --- ¢ w I H � N.a9.36 q"E. IE7,4Z ]IAo' 1I.00 IfiU.79 Q N ti BL�CK ;2 3 9LccX 1 p CL � 2 o � rn 62 5, o.oi 3001' IB29'/ 7103 3001 lo.oi n.03� N.o•CO'00°f. N.BS'21'55"E. 565.25` YT99 �IN� I s avoi 3o"w. n0}E 91rtf1 turn-a nmd En,em.M 73PAC to n•trl fo IP,ppw l}Oxn, � wl�n S-1 N..1— p{7ll I I W Q � Irrgotlon W UNPLATTE❑ rr I A Cv.8en.7 S-A"'30'w. Cm lh S.e.i Wing orRr 1. ob a v8 8. ,,p Ien A. CURVE DATA CARVE R a ITI L I CM-_1 CO. aER C•� Tco IA li4 C-9 f SW o �809 3lc Seya 520 Page 3 B. Proposed Short Plat (date: 3/11/2022) PLAT SHOWING FERGUSON TOWNHOM£S 1 A REPLAT OF LOT 1,BLOCK 1,OF OLIVE DALE SIJSD-VISION NO.1 LOCATED VATH IN THE NE 114 OF THE NW TIA OF SECEION 7,TOATSHIP 3 NORTH,RANG 1 EAST, BOISE MER'DiAN,CITY OF MERIDIAN ADA COUNTY.IDAHO 2022 FADLEY AVEN-UR �y �B'3I'S]'L ccc�r JO W I I I I Igr mI T. I2'r LOT 3(PI) LOT4,0-1) aI 2 R I I d a�I I �• I E• M � W FMEI.IENf ti r I 1 s r� LOT2(PY7 eLo SHB'3G'7H"E I6Q7d �e I cp lU.x 2w � —f- — — — —i �-— — — - — - -- - - =� norm• ,�� �p � SR6'ii'i3"W Iv;fafa9 i Y �' ]IA3 �6'S6V6vf ISO.7T 588'b9'33'W ` swss rw 313.ST LEG ENb BASIS OF BEARING ` 309 UNPLATTEO iU60MLON PARCEL 90UIOdRY I]NE i LOT HWNOARY II NE • ....•• .ADJACENT RECORD&WIDARY ONE{RII F)R'-SINOEASEMENTB NNARY Page 4 C. Conceptual site plan (date: 2/11/2022) I ,,Hw�sa Q93 �„ar,ss:a6as � I I L ❑ I' I Ez w I rn 3 `,— frlit _ w n I Z Q ❑ LUo N J I LL'49r M,ArMSASS Q J Ui FL F I I En I I a o z a Q Page 5 VI I. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Aaron P Rush PLS, dated 3/11/2022, included in Section V I.B is approved with the folIowing revision: a) The applicant shall reconf i gure the i nternal lot between Lots 1 & 2to meet the mi ni mum 40 ft. I of f rontage requi rement of the R-8 zoni ng di stri ct. b) The i nternal I of I i ne between Lots 1 & 2 shal I be graphi cal I y depi cted as a zero- lot line. 2. The appl i cant shall obtain a f I oodpl ai n permit in conformance wi th UDC 11-613-5 prior to building permit. 3. Administrative design review is required prior to building permit for all new attached residential structures containing two (2)or more dwelling units. 4. If the City Engineer's signature has not been obtained within two(2)years of the City Counci I's approval of the short plat, the short plat shall become null and void unl ess a ti me extension is obtained, per UDC 11-613-7. 5. Staff's failure to cite specific ordinance provisions or conditions from the previous approvals as noted i n conditi on 3. above, does not rel i eve the Appl i cant of responsi bi I i ty for compliance. 6. The short plat shall be recorded prior to submission of a building permit. 7. The devel opment shall comply with all bulk, use, and development standards of the R-8 zoning listed in UDC Chapter 2 District regulations. B. Public Works Site Specific Conditions: 1. Applicant to provide DEQ approval of the setbacks with proposed water design. In addition to any DEQ requirements, applicant shall case water line per City requirements and extend the casing 10 feet past the edge of the infiltration trench and 10 feet past the sewer manhole. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mainsadjacent to the development.The applicant shall i nstal I mai ns to and through this subdivision; appl i cant shall coordinate main size and routing with the Publ i c Works Department,and execute standard forms of easements for any mains that are required to provi de servi ce. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shal I be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to i nstal I water mains to and through this development, coordinate main sizeand routing with Public Works. 3. All improvements related to public I ife,safety and health shall be comp)eted prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such i mprovements i n order to obtai n City Engineer si gnature on the fi nal plat asset Page 6 forth in UDC 11-5C-3B. 4. Upon install ati on of the I andscapi ng and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion asset forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete f enci ng, I andscapi ng, ameni ti es, pressuri zed i rri gati on, pri or to si gnature on the f i nal pl at. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Devel opment Servi ce for more i of ormati on at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety i n the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a durati on of two years. Thi s surety amount wi I I be verif i ed by a I i ne item f i nal cost i nvoi ci ng provi ded by the owner to the Ci ty. The surety can be posted i n the form of an i rrevocabl e I etter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Devel opment Servi ce for more i of ormati on at 887-2211. 8. 1 n the event that an appl i cant and/or owner cannot compl ete non-I ife, non-safety and non-heal th improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth i n UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction i nspecti on f ees, as determi ned duri ng the pl an revi ew process, pri or to the i ssuance of a pl an approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Ameri cans wi th Di sabi I i ti es Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compl i ance wi th any Section 404 Permitting that may be requi red by the Army Corps of Engi neers. 12. Devel oper shal I coordi nate mai I box I ocati ons with the M eri di an Post Off i ce. 13. Al I gradi ng of the si to shal I be performed i n conformance with M CC 11-1-413. 14. Compacti on test resul ts shal I be submitted to the M eri di an Bui I di ng Department f or al I bui I di ng pads receiving engineered backfill, wherefooting would sit atop fill material. 15. The engi neer shal I be requi red to certify that the street centerl i ne el evati ons are set a mi ni mum of 3-feet above the highest established peak groundwater elevation. This isto ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainagefaci Iity withi n this project that do not fall under thej urisdiction of an irrigation district or ACH D. The desi gn engi neer shal I providecertification that the faciIities have been instalIed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsibleto submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 7 approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 18. The appl i cant shall I provi de easement(s)for al I publ i c water/sewer mai ns outsi de of publ i c ri ght of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form avai I abl e f rom Publ i c Works), a I egal descri pti on prepared by an I daho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of thefinal plat by the City Engineer. 19. Applicant shall beresponsiblefor application and compliancewith and NPDESpermitting that may be required by the Environmental Protection Agency. 20. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continueto be used, or provide record of their abandonment. 21. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 22. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is uti I i zed,the devel oper wi I I be responsi bl e for the payment of assessments for the common areas prior to development plan approval. 23. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and conti guous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,theapplicant shall comply with Idaho Code42-1207 and any other appl i cabl e I aw or regul ati on. Page 8 VI I I. FINDINGS Inconsideration of a short plat, the decision-maki ng body shal I make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as High Density Residential. The current zoning district of the site is R-8. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and areadequatetoaccommodatethe proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is publicfinancial capability of supporting servicesfor the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. Thedevelopment will not be detrimental to the public health, safety or general welfare; and Council finds the proposed short plat will not be detrimental to the public health, safety or general wel fare. F. The development preserves significant natural, scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 9 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Jump Creek South (H-2022-0006) by Kent Brown Planning Services, Located at Parcel #S0428449595 at the northwest corner of N. Black Cat Rd. and W. McMillan Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC� f IDIAN;.-- AND DECISION&ORDER p H In the Matter of the Request for Preliminary Plat Consisting of 20 Single-Family Residential Lots and 4 Common Lots on 3.57 Acres of Land in the R-8 Zoning District,by Kent Brown. Case No(s). H-2022-0006 For the City Council Hearing Date of. June 28,2022 (Findings on July 12, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 28,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 28,2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JUMP CREEK SOUTH PRELIMINARY PLAT-FILE#H-2022-0066) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 28,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JUMP CREEK SOUTH PRELIMINARY PLAT-FILE#H-2022-0066) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 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 § 1-7-10, seek judicial review of this final decision as provided by chapter 52,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 §§ 67-6521(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. G. Attached: Staff Report for the hearing date of June 28,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JUMP CREEK SOUTH PRELIMINARY PLAT-FILE#H-2022-0066) -3- By action of the City Council at its regular meeting held on the 12th day of July 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-12-2022 Attest: Chris Johnson 7-12-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-12-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(JUMP CREEK SOUTH PRELIMINARY PLAT-FILE#H-2022-0066) -4- EXHIBIT A STAFF REPORT lc� E IDIAN -- COM M UNI TY DEVEL OPM ENT DEPARTM ENT HEARING 6/28/2022 DATE: �� - F<ec- !oca or TO: Mayor& City Counci I FROM: Alan Tiefenbach — I _ - 208-884-5533 -14 ;OR ' � E SUBJECT: PP- H-2022-0006 W-'M-CMI Jump Creek South Prel i mi nary R at LOCATION: The site is located at the northwest corner of W. McMillian Rd. and N. Black Cat - Rd. on Parcel SO428449525 in the SE'/4 of the SE'/4 of section 28, Tow nshi p 4N, Range 1 W. 1. PROJECT DESCRIPTION Request for a preliminary plat consisting of 20 single-family residential lots and 4 common lots on 3.57 acres of land in the R-8 zoning district, by Kent Brown. 11. SUMMARY OF REPORT A. Project Summary Description Details Acreage 3.57 acres Future Land Use Designation Medium Density Residential 3-8 du/acre Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type; bldg./common) 20 building lots, and 4 common lots. Phasing Ran (#of phases) 1 phase Number of Residential Units(type 20 of units) Density(gross& net) 5.6 du/ac Open Space(acres,total Not required for properties less than 5 acres, but 15.73%of [%]/buffer/qualified) open space was provided with the Jump Creek Development Agreement, which governs this property. Amenities Numerous amenities are included with the larger Jump Creek development. Physical Features(waterways, The West Tap Lateral traverses a small portion on the hazards,flood plain, hillside) southeast Neighborhood meeting date; #of December 21, 2021, no attendees attendees: Page 1 Description Details History (previous approvals) AZ-14-011, PP-14-013, DA instr. 2014-105206, FP-2022- 0004 B. Community Metrics Description 1 Details Ada County Highway District I • Staff report(yes/no) I No Access(Arterial/Collectors/State There are multiple points of access, but primary access Hwy/Local)(Existing and Proposed) occurs via W. Daphne Street from N. Black Cat Rd. Stub Street/Interconnectivity/Cross No stubs required. Access Existing Road Network N. Black Cat Rd and W. McMillian Rd, numerous internal roads. Existing Arterial Sidewalks/ There is an existing 5 ft.wide detached sidewalk and 25 ft. Buffers wide buffer along N. Black Cat Rd.A 5 ft. wide sidewalk and buffer along W. McMillian Rd.was approved with the Jump Creek development but is not yet installed along the southern perimeter of the subject property. Proposed Road Improvements Required road improvements have already occurred with Jump Creek No 1 through 6. Fire Service No comments, property will be serviced by Fire Station 7 when completed in 2023. Police Service • No comments Wastewater • Flow is committed Water • Distance to Water Services 0 • Pressure Zone 1 • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Comments • Encase water main with steel sleeve when crossing the west Tap Subl ateri al pi pi ng or open channel. • Water main sizes were not provided.Al I mains were modeled as 8" Page 2 ■ �����I 11 7�7 � � •.IF s ��IIIIII��n111� 1111111111 III 11�11 I���'' Ill�iiii��i IiYilll""- : _ _ n �� `�`•}�•i' I.. 1ol111— IIINIIIiIi�ii _ _ �lij 16, IIIAl11All 11_MA!11111 °s--"- -- ' � IIIAIII , a 4�'�I'IIN — ��Ilil�r+slr�����ll z� '� �iii . • 11 ,-'- — IIIIII�AI�IINHI� �IIIIII;II� i 111 1 - 2 IIIIIINNIII,.� IIIII Ill�lillllll NNuulllll 1111 �111 �—IIIII—�-2 11�II�.• L'A - I' , y'I� III[' i`— i I' _ 1��= � i^II_- yll= _ � •IWI. •ill;'. I+ 1~ -- ,;I. +y — � �'111111�N�,�w�llnl 6 IIIII ;:I- �F •I~rlsl-• +;� " '*,', — � IIN�'11'll� II �n11111f11�1���AlAN� ,,I,1, � ,.L.. •� = �H1111 j�N ll�' BY F��i�iNlIIIII 1��' � — 11_II_AIII�IIiiNlllll p "�,il� •. - f- 1 RI�A� a : ' 1111111111 � ' N11� I'IiGii11111111 _ � �_ N I I�YIIYYI iYilil• � � GIs �_ III_ ne __ _ = C Illnlll uiu _ ■rs..y ears.■ - - n�IIIIII.'i i rwslr�a�au ' I :I 111111 - 1lSIAi NI�111 . �I11 11111l1i�1 �InuNNl�s _ 11 I �I�IINnI „ AMR mll 1 11 _NRHII!!II IIIII 1� �11111iga1 NNuuuul AIAM�I N� 1 11 aim 11 111 II III Ilikin _ _ , , .�.,I11111 __ yH1 11�1�I11111111 y w 11"1 '1111 11 1�-- =h IIIII � 11N�'1N1���� �n� � �I �a �=i11111111 1��AIANi s 0IM "S IIIII = R II "�'� �I''M' I�AIi. IYIhtil� ` IIIII = IY �I — III�IM � ;NIIIII __ - ,. OEM 111. APPLICANT INFORMATION A. Applicant Representative: Kent Brown—3161 E. Spri ngwood Dr, M eri di an, I D 83642 B. Owner: Corey Barton, Endurance Hol di ngs—1977 E. Overland Rd., Meridian, ID 83642 IV. NOTICING Planning & Zoning City Council Posting Date Posting Date Newspaper Notification 5/12/2022 Radius notification mailed to properti es withi n 300 feet 5/13/2022 Nextdoor posting 5/13/2022 Si gn Posting 5/23/22 V. STAFF ANALYSIS An annexation, preliminary plat, and development agreement was approved by City Council in November of 2014 for the Jump Creek Subdivision, which included this property (AZ-14-011, PP-14- 013, DA i nstr. 2014-105206). The approved proj ect al I owed 318 si ngl e fami I y I ots and two multifamily lots on 85.9acres. Six final pl ats total i ng 308total lots, including seven (7) multi-family lots have been approved by the Council to date. In May of 2021, the Planning Commission approved a conditional use permit for the first seven fourplexes(Jump Creek North Fourplex CUP, H-2021-0018). During review of the project, it was discovered that Jump Creek No 4., the final plat intended for the f ourpl exes, was platted as individual I ots for each fourplex, whereas the preliminary plat approved one multi-family lot. Further,the applicant intends to subdi vi de the other multi-family lot approved with the preliminary plat in the same manner, which exceeds the number of lots approved with the original Jump Creek preliminary pl at. Staff di scussed thi s i ssue wi th the appl i cant, and the agreed upon sol uti on was that the appl i cant would move forward with Phase 6 f or 44 si ngl e f ami I y I ots(approved by City Council on May 18, 2022) and Phase 7 for 12 fourplex lots. The remaining 3.57 acres(the subject property, which was i n i ti al I y anti ci pated as Jump Creek No. 8)wi I I be pl atted as 20 addi ti onal I ots as a new prel i mi nary plat. It is important to note that although the total number of lots is morethan was approved with the initial Jump Creek Subdivision, the total number of units(318 singlefamily and 19 fourplexes) and configuration i s t he sam e as what was approved. Page 4 A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The property is designated " Medium Density Residential" (MDR)on the f uture land use map. The MDR designation allows smaller lotsfor residential purposeswithin City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The subject property was initially approved for 318singlefamily lot and 19fourplexeson 85.9 acres,which is a gross density of 4.59 dwelling units per acre. Although the number of lots will increase by 20, the number of units and density will remain the same. This is consistent with the M DR I and use desi gnati on. B. Zoni ng: The subject property is zoned R-8. The R-8 zoni ng district requi res a mi ni mum lot size of 4,000 sq. ft. and mi ni mum street f rontage of 40 ft. The prel i mi nary pl at shows the smal I est I of bei ng 5,000 sq.ft. and mi ni mum street frontages of 50 ft. C. Comprehensive Plan Policies(https:Ilwww.meridianeiiy.or /�pplan): • Encourage di verse housi ng opti ons suitabl e for vari ous i ncome I evel s, househol d si zes, and lifestyle preferences. (2.01.01) This project proposes 20 additional single family units in a development of 318 single family units and 72 fourplex units. This increases the diversity in housing and meets the needs, preferences, and financial capabilities of Meridian's present and future residents. • Encourage a variety of housing types that meet the needs, preferences, and financial capabi I i ti es of Meridian's present and future residents. (2.01.02D) The applicant is developing a mixed housing residential development consisting ofprimarily medium density single-family and multi family units, consistent with this goal. The multifamily developments are being evaluated with future conditional use permit applications. • Encourage the development of high quality, dense residential and mixed use areas near i n and around Downtown, near employment, large shopping centers, public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. The development provides housing opportunities in close proximity to a proposed Walmart and an existing shopping center at the northeast corner of Chinden Boulevard and Linder Road. Future employment uses are planned a mile east of the proposed subdivision along the west side of N. Ten Mile Road. • Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities. (3.03.03F) City services were required to be extended to the properties upon development in accord with UDC 11- 3A- 21. Infrastructure was constructed with phases 1, 2, and 3. No additional infrastructure is required with this proposal. Page 5 • Permit new development only where it can be adequately served by critical public faci I ities and urban services at the time of final approval, and in accord with any adopted I evel s of service for pu bl i c f aci I i ti es and services. (3.03.03F) This proposal was referred to fire and police services as well as WASD. There were no additional comments beyond what were listed with the preliminary plat and final plat. • Require open space areas within all residential development. (6.01.01A) The development agreement approved with the annexation required 15%total open space, and 15.3%was provided with the total development. The lot size, area and open space configuration included with this preliminary plat matches what was approved with the initial approval. • With new subdivision plats, requi re the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open spacewith quality amenities." (2.02.01A) The proposed plat depicts 5 ft. wide detached sidewalks on both sides of roads internal to the subdivision. Multiple pedestrian connections were approved throughout the initial Jump Creek development including several connections into the Oaks North project to the east.A 5 ft. wide detached sidewalk and 25 ft. wide buffer has already been constructed along N. Black Cat Rd. A landscape buffer and 5 ft. wide detached sidewalk exists to the west of this subject property; the applicant will be required to complete these improvements as a condition of approval of this preliminary plat. D. Existing StructureslSite Improvements: The property is presently vacant. E Proposed Use Analysis: Single-family dwellings are listed asaprincipal permitted usein the R-8zoning districtsin UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards I i sted in U DC Tabl e 11-2A-6 for the R-8 district.All proposed I ots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes minimum lot size of 4,000 sq.ft., and required street frontages of at least 40 ft. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3. UDC 11-6C-3- regulates block lengthsfor residential subdivisions. Staff has reviewed the submitted plat for conformance wi th these regulations. The intent of thi s secti on of code i s to ensure block I engths do not exceed 750 ft, although there is the allowance of an increase in block length to 1,000 feet if a pedestrian connection is provided. No block length exceeds 750 ft. There is one common driveway serving Lots 30 and 31 of Block 20. This driveway connects to the future fourpl exes i n Jump Creek Fi I i ng 7 and wi I I serve as secondary emergency access.As this would be a driveway and not a street, staff has added a condition that the common driveway shall be gated from the multifamily portion of the site(Filing 7). Such gate shall meet all requirements of Meridian Fire but shall not obstruct pedestrian access. Page 6 G. Access(UDC 11-3A-3): All accesses were previously approved with the Jump Creek preliminary plat. ACHD has responded that they had reviewed and approved the Jump Creek Subdivision in 2014 and the site- specific conditions of approval for Jump Creek South apply to this project. H. Parking (UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family attached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. I. Pathways( UDC 11-3A-8): There i s an exi sti ng 5' wi de detached si dewal k al ong N. BI ack Cat Rd, at the eastern peri meter of the subj ect property as wel I as a 5 ft. detached si dewal k al ong W. M cM i I I i an Rd west of the subject property. The applicant will be required to complete this sidewalk with this project. Multiple pedestrian connections were approved throughout the initial Jump Creek development including several connections into the Oaks North project to the east. No additional pathways are required or proposed with this plat. All of the pedestrian connections must comply with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Si dewal ks(UDC 11-3A-17): Five-foot detached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. K. Landscaping (UDC11-3B): UDC 11-2A-6 requires a 25 ft. wide buffers along arterial roads(W. McMillian Rd.). This buffer is indicated on the landscape plan.All pathways and micro-pathways meet the requi rements of UDC 11-3B including landscape strips of at least 5 ft. in width on either side and one tree per 100 Iinearfeet. A drainage facility isindicated in Lot 15, Block 20; this lot shall be landscaped as required per UDC 11-3B-11. The landscape plan does not indicate whether there are healthy existing trees meeting the preservation requirementson the property. With thesubmittal of thefinal plat theapplicant should submit a revised landscape plan that detailsany mitigation plan outlined by the developer and the City Arborist. L. Qualified Open Space(UDC 11-3G): The subject property is 3.57 acres, which would exempt it from the common open space requirements of UDC 11-3G. However, this property is included in the Jump Creek Development Agreement which requires 15.73%open space, including numerous drainage lots, 50%of the arterial street buffers, collector street buffers, micropath lots, and passive open space in various sizes. The preliminary plat as proposed matches what was approved with the original Jump Creek Preliminary Rat in regard to lot size, configuration, and open space. M. QualifiedSiteAmenities(UDC 11-3G): During the approval process for the enti re Jump Creek Subdivision (which included the subj ect property), approved amenities included three tot lots, an integrated pathway system, extension of the Meridian Pathway system and 5%additional open space. Most amenities have already been constructed with the previous phases and two additional amenitieswere required with the conditional use permit that was approved for the first multifamily phase. As this current Page 7 preliminary plat is part of the approved Jump Creek development agreement and is proposed with the same design and number of lots as what was approved, additional amenities are required. N. Waterways(UDC 11-3A-6): The West Tap Sublateral clips the northeastern corner of Lot 31, Block 20. Per UDC, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided should be covered. O. Fencing (UDC 11-3A-6, 11-3A-7): The I andscape pl an i ncl udes a fenci ng pl an. The pl an i ncl udes 6 ft. hi gh vi nyl f enci ng al ong the western peri phery of the si te, al ong the si de of resi denti al I ots adj acent to i nternal roads, and rear of the resi denti al I ots adj acent to W. M cM i I I an Rd (but outsi de of the requi red I andscape buffers). 4 ft. high vi nyl fenci ng i s shown al ong at least one side of common open spaces and both sides of pathways and mi cro-pathways. The fenci ng appears to meet the requi rements of 11-3A-6 and 11- 3A-7. P. Utilities(UDC 11-3A-21): Public services are available to accommodate the proposed development and most utilities have already been installed. Q. Building Elevations(UDC 11-3A-19 l Architectural Standards Manual): Building elevations were submitted and approved with the initial annexation and development agreement. The Appl icant submitted the same approved elevations. Per the approved Jump Creek Development Agreement, all homes adjacent to McMillan Road shall incorporate a mix of materials, windows and decorative trim, pop-outs, covered porches and two variations in the roof I i nes to provi de arti cul ati on and modul ati on to the si de and rear f acades that f ace the arteri al and col I ector streets. VI. DECISION A. Staff: 1. Staff recommends approval of the requested preliminary plat with the conditions noted in Section VIII. per the Findings in Section IX. Page 8 B. The Meridian Planning & Zoning Commission heard this item on June 2, 2022.At the public hearing. the Commission moved to approve the subi ect preliminary plat request. 1. Summary of the Commission public hearing: a. In favor: Kent Brown b. In opposition: None c. Commenting: Kent Brown d. Written testimony: None e. Staff presenti ng appl i cati on: Al an Ti of enbach f. Other Staff commenting on application: None 2. Key i ssue(s)of pubs i c testi mono_ : a. None 3. Key issue(s)of discussion by Commission: a. None 4. Commission changes)to Staff recommendation: a. None C. The M eri di an City Counci I heard thi s i tern on June 28,2022.At the pubs i c heari ng, the Counci I moved to approve the subi ect prel i mi nary .plat request. 1. Summary of the Ci tv Counci I publ i c hearing: a. In favor: Kent Brown b. In opposition: None C. Commenting: Kent Brown d. Written testimony: None e. Staff presenting application: Alan Ti of enbach f. Other Staff commenting on application: None 2. Key i ssue(s)of pubs i c testi mono: a. None 3. Key i ssue(s)of di scussi on by Ci tv Counci 1. a. None 4. City Council change(s)to Commission recommendation: a. None Page 9 Am mu amomm, filing I LIM MMM �NoMmmsv- , W7�T�.A.■.,.YrT� se :13 � rt,R iyy■.r�Y.. --- .■Tw Ti.Aw.w■ .�i�i�rrw.■.u.i --- ■4A.■.wr�.i��r.�i-■wrrr��r■.■.w■.�- Im .■`li�ii■a� mmommom-mm S B. "Proposed" Jump Creek South Preliminary Rat (date: 9/24/2021) — - -- 1 `�� --� �� ✓ w inacnH sT k� Ld a�\ h Ala — i 1 C � - I I I � � •K J -� - I � i I ' : �u� — -' '}:mob... ..a.•.,�...;,.:...s .�#. _ —— W C. Proposed Landscape Plan (Date: November 11/2/2020) PHA.^.E 6 LIMIT." LANDSCAPE s PiNSE6 LIMFf3 m PLANT SCH 717-1 7t--'--if— W.JUMP CRE�IC oR._ it= --�--=--�--=-� �:.�. •� ia�nuu�•ecesxppnt�a I " ;i .'�• ,ice I � I .��'-. �_ �� — aeu AM f WNE)SCAPE PLAN-AREA ONE Page 11 I..iN `=t-E E LIMITS FL 4. 1 • � —— Willi I} — 7' t I 4—ILm-��SHEET L7.12 4RTmpw-3S.51ET LT.1, .s.• r —_—— w +j E x•:. ?' -� ��� �, i it it �`� h"� ! �I i�''•�� ��- �1LANC6CAPE PLAN -AREA 7WO xrn r n x W.JUMP CREE dR. • I U rf ------ ----------� ----- kaPi.711 NF.-9F.E S4MI1,13 I i .M� MIX Y IIWN❑SCAPE PLAN - AREA THREE Page 12 1 _ � 6L4Ttl� E.9�ffiEET LI�� -J���� ����� YAISJI�•�EE1 LL 19 - �L �iirr-r�.rr � 1 I I( 11 Ir I i i i F 1 E G"ST. I � a ter_ �- N ROAD 1 W.I.CMILLA.N RCLAO I .PNh"E 5 LIMR3— 1 NI ANI•]ArAPF PI AN -ARFA FN IR 1^ Page 13 VI 11. AGENCY COM M ENTS& CONDI TI ONS A. PLANNING DIVISION 1. The Preliminary Plat included in Section VI, is approved with the following revisions: a. Add date to the plat. b. Revise Preliminary Rat name to read "Jump Creek South Subdivision. 2. The Landscape Ran included in Section V I, dated 11/2/2020, is approved with the addition that the I andscape pl an shal I i ndi cate whether there are healthy exi sti ng trees meeti ng the preservation requirements on the property. 3. Unimproved right of way along W. McMillan Rd shall be improved as required per UDC 11- 313-7C.5 4. The common dri veway servi ng Lots 30 and 31 of BI ock 20 shal I be gated from the multifamily portion of the devel opment (Filing 7). Such gate shall meet all requi rements of Meridian Fire but shall not obstruct pedestrian access.A common driveway exhibit meeting the requi rements of U DC 11-6C-3-D shal I be provi ded at ti me of fi nal pl at. 5. The appl i cant i s to meet al I terms of the approved annexati on (AZ-14-011) and devel opment agreement (Instrument#2014-105206)for this development. 6. The applicant shall comply with al provisions of 11-3A-3 with regard to access to streets. 7. The development shall comply with standards and installation for landscaping as set forth in UDC 11-313-5 and mai ntenance thereof asset forth in UDC 11-313-13. 8. Al I homes adj acent to M cM i I I an Road shal I i ncorporate a mi x of materi al s, wi ndows and decorati ve tri m, pop-outs, covered porches and two vari ati ons i n the roof I i nes to provi de arti cul ati on and modul ati on to the si de and rear facades that face the arteri al and col I ector streets per Development Agreement I nstr. 2014-105206. 9. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth i n UDC 11-3A-7A7, 11-3A-8 and 11-313-12C. 10. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements, blocks, street buffers, and mailbox placement. 12. Off-street parking is required to be provided in accord with the standards I i sted in UDC Table 11-3C-6 for single-family attached dwellings based on the number of bedrooms per unit. 13. All ditchesshall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, asset forth in UDC 11-3A-6 unless waived by City Council. 14. The Applicant shall have a maxi mum of two (2) years to obtain City Engineer's signature on afinal plat in accord with UDC 11-613-7. 15. The Applicant shall comply with all conditionsof ACHD. Page 14 B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendati ons to hel p ensure that groundwater does not become a problem withi n crawl spaces of homes. 2. Encase water main with steel sleeve when crossing the West Tap Subl ateral piping or open channel. 3. Water mai n sizes were not provi ded, al I mai ns were model ed at 8' i nch di ameter. 4. An access roadway to manhole SSMH C3 must meet City standards. General Conditionsof Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are requi red to provide service outside of a publ i c right-of-way. Minimum cover over sewer mains i s three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformanceof City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC), the applicant shall be responsi bl e to install sewer and water mai ns to and through this development. Applicant maybe eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The appl i cant shal I provi de easement(s)f or al I publ i c water/sewer mai ns outsi de of publ i c ri ght of way (i ncl ude al I water services and hydrants). The easement widths shal I be 20-feet wide for a si ngl e uti I ity, or 30-feet wide for two. The easements shal I not be dedi cated vi a the pl at, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form avai I abl e f rom Publ i c Works), a I egal descri pti on prepared by an I daho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat ref erenci ng this document. AI I easements must be submitted, reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water (MCC 9-1-28.C). The applicant should be required to use any existing surf ace or wet I water f or the pri mary source. I f a surface or wet I source i s not avai I abl e, a si ngl e-poi nt connecti on to the cul i nary water system shal I be requi red. If a si ngl e-poi nt connecti on i s uti I i zed, the developer w i I I be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. Al I exi sti ng structures that are requi red to be removed shal I be pri or to si gnature on the fi nal pl at by the Ci ty Engi neer. Any structures that are al I owed to remai n shal I be subj ect to eval uati on and possible reassignment of street addressing to be in compliance with MCC. Page 15 6. All irrigation ditches, canals, I ateral s, or drains, exclusive of natural waterways, intersecting, crossing or I ayi ng adjacent and contiguous to the area being subdivided shal I be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code42-1207 and any other appl i cabl e I aw or regul ati on. 7. Any wet I s that wi I I not conti nue to be used must be properl y abandoned accordi ng to I daho Wet I Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the devel opment, and if so, how they wi I I conti nue to be used, or provi de record of thei r abandonment. 8. Any existing septic systemswithin this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and i nspecti ons(208)375-5211. 9. Street si gns are to be i n pl ace, sanitary sewer and water system shal I be approved and acti vated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 10. A I etter of credit or cash surety i n the amount of 110%wi I I be requi red for al I uncompl eted f enci ng, I andscapi ng, ameni ti es, etc., pri or to si gnature on the f i nal pl at. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engi neer, an owner may post a performance surety f or such i mprovements i n order to obtai n Ci ty Engi neer si gnature on the f i nal pl at as set forth i n UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensurethat all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Appl i cant shal I be responsi bl e f or appl i cati on and compl i ance wi th any Secti on 404 Permi tti ng that may be requi red by the Army Corps of Engi neers. 15. Devel oper shal I coordi nate mai I box I ocati ons with the M eri di an Post Off i ce. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This isto ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The appl i cants desi gn engi neer shal I be responsi bl e for i nspecti on of al I i rri gati on and/or d rai nage f aci I i ty within this project that do not fall under the j u ri sdi cti on of an irrigation district or ACHD. The design engineer shall provide certification that the f aci I i ti es have been installed in Page 16 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project, the applicant shal I be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street I i ght plan wi I I need to be included in the ci vi I construction plans. Street I i ght plan requirements are I i sted in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orublic_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted i n the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more i nformati on at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more i nformati on at 887-2211. C. ACH D https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=262186&dbid=0&repo=MeridianC hty D. DEPARTMENT OF ENVIRONMENTAL QUALITY https://weblink.meridiancity.or lWebLink/DocView.aspx?id=261512&dbid=0&repo=MeridianC iv Page 17 IX. FINDINGS A. PRELIMINARY PLAT (UDC 11-613-6) I n consi derati on of a prel i mi nary pl at, combi ned prel i mi nary and f i nal pl at, or short pl at, the deci si on-maki ng body shal I make the fol Iowi ng f i ndi ngs: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conf ormance wi th the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII 2. Public services are avai I abl e or can be made avai I abl a and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformancewith scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The West Tap Sublateral clips the northeastern portion of the property, but there are no natural features. According to the landscape plan, there are no healthy trees onsite meeting the requirements for preservation. Page 18 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Pavilion at Windsong H-2021-0102) Between City of Meridian and Rama Group, LLC for Property Located at 1680 W. Ustick Rd. ADA COUNTY RECORDER Phil McGrane 2022-063228 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 07/13/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Rama Group LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 12th day of — July —, 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY," whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Rama Group LLC, an Idaho limited liability company, whose address is 1548 W. Cayuse Creek Cr, Ste. 100, Meridian, ID 83646, hereinafter called"OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 1680 W. Ustick Rd., Meridian, Idaho 83646, and described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument #110031366, and for the inclusion of the Property into this new Agreement, which DEVELOPMENT AGREEMENT PAVILION AT WINDSONG(H-2021-0102) Page I of 8 generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 7th of June, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Inst. #110031366) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 2 of 8 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Rama Group LLC, whose address is 1548 W. Cayuse Creek Cr., Ste. 100, Meridian, Idaho 83646, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#110031366, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the site shall be generally consistent with the conceptual site plan, landscape plan, and elevations submitted with the rezone application contained herein. b. At the time of building permit, floor plans shall be submitted that indicate the ground floors of all units shown as vertically integrated structures meet occupancy class requirements for commercial structures. c. A short plat to condominiumize the vertically integrated buildings shall be required prior to certificate of occupancy. DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 3 of 8 d. Exterior facades of vertically integrated buildings shall integrate brick or stone on the bottom level. e. Drinking establishments are prohibited in the vertically integrated buildings. g. At time of CZC or plat, public accessibility for the central open space shall be specified in the CC&Rs, maintenance agreement or property owner's association agreement. h. At time of CZC or plat, an executed shared parking agreement between the commercial lots and the vertically integrated structures shall be submitted. i. Building D along the western property line shall be broken into at least two groups of buildings, with the break occurring approximately in the vicinity of Lot 19, Block 3 of the Windsong Subdivision No. 2. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 4 of 8 covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity,performance, and enforcement. Any action brought by an party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 5 of 8 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Rama Group LLC 1548 W. Cayuse Creek Cr., Ste. 100 Meridian, Idaho 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 6 of 8 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow] DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as ereinabove provided. OWNER D V ER: Rama Giol p By: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-12-2022 Chris Johnson, City Clerk 7-12-2022 STATE OF IDAHO } ss: County of Ada i On this Jq'�ay of J trl e, 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared 1 n F rn known or identified to me to be the of Rama Group LLC and the person who signed above and acknowledged to me that he executed the sairrc on bol Ofuf said corporation. IN WITNESS WHEREOF,I have bereunto set my hand and affixed my official seal the day and year in this certificate first above written. I Notary Public Jy�1YJ '. ; Residing at: MYOOMMI$SIoN 3 _ My Commission Expires: EMRES3-1#- }73 STATE OF IDAHO I F*• OF 1iDp' ��' County of Adaj�lf#�IIF� t On this 12th day of_ July 2022,before mc,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written, Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—PAVILION AT WINDSONG(H-2021-0102) Page 8 of 8 EXHIBIT A Legal Description PAW Subdivision Property Rezone — R-40 A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE '/4, from which a 5/8 inch rebar marking the southwest corner of the SE '/4 of said Section 35 bears N 89°14'45" W a distance of 2643.35 feet; Thence N 89°14'45" W along the southerly boundary of said SE '/4 of the SE '/4 a distance of 244.80 feet to the POINT OF BEGINNING; Thence continuing N 89014'45" W along the southerly boundary of said SE '/4 of the SE '/4 a distance of 145.20 feet to a point; Thence leaving said southerly boundary N 0d15'19" E along the easterly boundary and the extension thereof of Windsong Subdivision No. 2 as shown in Book 100 of Plats on Pages 13022 thru 13024, records of Ada County, Idaho, a distance of 657.59 feet to a 5/8 inch rebar marking the northeast corner of said Windsong Subdivision No. 2; Thence leaving said easterly boundary S 89d31'02" E a distance of 389.94 feet to a point on the easterly boundary of said SE % of the SE %; Thence S 0d15'04" W along said easterly boundary a distance of 125.00 feet to a point; Thence leaving said boundary N 89031'02" W a distance of 231.94 feet to a point; Thence S 0d28'58" W a distance of 121.50 feet to a point; Thence S 89031'02" E a distance of 47.21 feet to a point of curvature; Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve right, said curve having a central angle of 89046'05" and a long chord bearing S 44037'59" E a distance of 38.11 feet to a point of tangency; Thence S 0015'04" W a distance of 223.18 feet to a point; Thence N 90000'00" W a distance of 87.15 feet to a point; Thence S 0000'00" W a distance of 160.98 feet to the POINT OF BEGINNING. This parcel contains 3.42 acres and is subject to any easements NPI. LAND��o T s existing or in use. CD �G �'Z_ Clinton W. Hansen, PLS a iq Land Solutions, PC n y P = December 14, 2021 %, TF 0 F \0 �`�� TON W \A Lci ��lLitia PAW Subdivision R L — Land 5—eying and Consulting b N Rezone Job No.20-69 Legal Description PAW Subdivision Property Rezone — C-C A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE '/4, from which a 5/8 inch rebar marking the southwest corner of the SE % of said Section 35 bears N 89°14'45" W a distance of 2643.35 feet; Thence N 89014'45" W along the southerly boundary of said SE % of the SE % a distance of 244.80 feet to a point; Thence leaving said southerly boundary N 0000'00" E a distance of 160.98 feet to point; Thence S 90°00'00" E a distance of 87.15 feet to a point, Thence N 01504" E a distance of 223.18 feet to a point of curvature; Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve left, said curve having a central angle of 89046'05" and a long chord bearing N 44037'59" W a distance of 38.11 feet to a point of tangency; Thence N 89031'02" W a distance of 47.21 feet to a point; Thence N 0°28'58" E a distance of 121.50 feet to a point; Thence S 89031'02" E a distance of 231.94 feet to a point on the easterly boundary of said SE '/4 of the SE %; Thence S 0°1504" W along said easterly boundary a distance of 534.44 feet to the POINT OF BEGINNING. This parcel contains 2.47 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC December 14, 2021 ONp L LA NO a 11118 z 'LT0 N W \A P� l c�t7 C7�U�10j75 PAwSubdivision ��- C-C Rezone Land Surveying and Consulting Job No.20-69 PAW SUBDIVISION REZONE EXHIBIT 1/4 35 36 UNPLATTED m S89'31'02"E 389.94' cD z 0 =0 d CD N W. CROSSWIND ST. 231.94' S89'31'02"E 1z CC) RAJ Z cL 1 1 1 8 47.21' 2l �0 2 1 89'31'02"W c� c 9 P `�' F C-C ZONE 3 /V yy, i 2.47 ACRES o (V O Z m R-40 ZONE n _ i, 3.42 ACRES I m o o z z o r-i N N o z ro J 87.15' S90'00'00"E J w O [C PL OCD W o m O Z Z J Z PL � --PL— 35 225 5.35' 145.20' 244.80' 35 36 1/4 2 USTICK RD N89'14'45"W 2643.35' 2 1 POINT OF BEGINNING BASIS OF BEARING POINT OF BEGINNING R-40 ZONE C-C ZONE 0 50 100 200 CURVE TABLE Lan2lutionsCURVE # LENGTH RADIUS DELTA BEARING CHORD Land eying and Consulting 231 E 5TH ST.,STE.A C1 42.30' 27.00' 89'46'05" N44'37'59"W 38.11' MERIDIAN, 8 (208)288-2040 (208)288-28-2557fax www.1andSOluti0n5,biz JOB NO. 20-69 EXHIBIT B PAW SUBDIVISION REZONE EXHIBIT 1/4 35 36 UNPLATTED m S89'31'02"E 389.94' cD z 0 =0 d CD N W. CROSSWIND ST. 231.94' S89'31'02"E J RAJ Z 1 1 1 8 47.21' 21 �0 2 N89'31'02"W c� c 9 P `N' � F NP��� u? C-C ZONE 3 /V yy, i 2.47 ACRES o (V to O Z m R-40 ZONE n _ i, 3.42 ACRES I m o o z z o r-i LO N o z J 87.15' S90'00'00"E J w O [C PL OCD W O m O Z Z J Z —PL- 35 2253.35' 145.20' 244.80' 35 36 1/4 2 USTICK RD N89'14'45"W 2643.35' 2 1 POINT OF BEGINNING BASIS OF BEARING POINT OF BEGINNING f R-40 ZONE C-C ZONE 0 50 100 200 CURVE TABLE Lan2lutionsCURVE # LENGTH RADIUS DELTA BEARING CHORD Land eying and Consulting 231 E 5TH ST.,STE.A C1 42.30' 27.00' 89'46'05" N44'37'59"W 38.11' MERIDIAN, 8 (208)288-2040 (208)288-28-2557fax www.1andSOluti0n5,biz JOB NO. 20-69 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 22-2335: A Resolution Vacating a Private Irrigation Easement Over a Portion of Lot 12, Block 2 of TM Creek Subdivision No. 2, Located in the Northwest % of the Northwest % of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho CITY OF MERIDIAN RESOLUTION NO. 22-2335 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION VACATING A PRIVATE IRRIGATION EASEMENT ON A PARCEL OF LAND OVER A PORTION OF LOT 12,BLOCK 2 OF TM CREEK SUBDIVISION NO. 2, SITUATED IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 28, 2022 the City Council of the City of Meridian held a hearing on the vacation of a private irrigation easement over a portion of Lot 12, Block 2 of TM Creek Subdivision No.2,located in the Northwest'/4 of the Northwest'/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the private irrigation easement that was initially established with an irrigation easement over a portion of Lot 12, Block 2 of TM Creek Subdivision No. 2, located in the Northwest '/4 of the Northwest '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, as attached in Exhibit A, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 12th day of July, 2022. Approved by the Mayor of the City of Meridian, Idaho, this 12th day of July, 2022. Attest: Mayor Robert E. Simison Chris Johnson, City Clerk TM Creek GI Irrigation Easement Vacation—H-2022-0032 km E N G I N E E R I N G April 18,2022 Project No.22-038 Irrigation Easement Release Legal Description Exhibit A A parcel of land for an Irrigation Easement Release over a portion of Lot 12, Block 2 of TM Creek Subdivision No.2 (Book 12 of plats, pages 16402-16407),situated in the Northwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northwest corner of said Lot 12,which bears N00°33'10"E a distance of 242.57 feet from a found 1/2-inch rebar marking the Southwest corner of said Lot 12,thence following the westerly boundary line of said Lot 12,S00°33'10"W a distance of 215.57 feet to the northerly line of an existing Irrigation Easement as referenced in 'Note 20' per said plat of TM Creek Subdivision No.2 and being the POINT OF BEGINNING. Thence leaving said westerly boundary line and following said northerly line,S89°26'50"E a distance of 231.69 feet to the northeasterly boundary line of said Lot 12; Thence leaving said northerly line,and following said northeasterly boundary line,S43°43'15"E a distance of 13.97 feet to the southerly line of said Irrigation Easement; Thence leaving said northeasterly boundary line and following said southerly line, N89°26'50"W a distance of 241.44 feet to said westerly boundary line; Thence leaving said southerly line and following said westerly boundary line, N00°33'10"E a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains 2,366 square feet, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions, deeds, records of surveys and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. LPL LANDS ENSFD GP O -4 CL 6662 \OPT I- 0 F F Y q1f/JL -J-- 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com — O POINT OF COMMENCEMENT LOT 14 LOT 12, BLOCK 2, \ v TM CREEK SUBDIVISION No. 2 (BOOK 112, PAGES 16402-16407) i L7 N Lq a N Ln LINE TABLE � w c m 3: LINE BEARING DISTANCE J O o L1 S43'43'15"E 13.97 , cn o m o L2 N00'33'10"E 10.00 c N "10' WIDE IRRIGATION EASEMENT" PER 'NOTE 20' OF THE PLAT OF TM CREEK SUBDIVISION No. 2 POINT OF BEGINNING HATCHED AREA TO BE RELEASED a S89'26'50"E 231.69' 3 Je N89'26'50"W 241.44' 17.00' 0 Z LOT 13 X a 3 O ui Q Z E 0 40 80 120 Plan Scale: 1" = 40' m 0 E N G I N E E R I N G m 5725 NORTH DISCOVERY-Al u BOISE,IDAHO83713 Exhibit B PHONE(208)639-6939 u'. kmengllp.com Irrigation Easement Release ,ten DATE: April,2022 PROJECT: 22-038 ' SHEET: A parcel of land over a portion of Lot 12,Block 2 of TM Creek Subdivision No.2,Situated in the NW1/4,NW1/4, 0 1 OF 1 Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho. 11 231.69 s89°26'50"e n89°26'50"%v 241.44 Title: 22-038 Irrigation Easement Release Date: 04-18-2022 Scale: 1 inch=40 feet File: Deed Plotter (1).des Tract l: 0.054 Acres: 2366 Sq Feet: Closure=n39.0647w 0.00 Feet: Precision=1/140674: Perimeter=497 Feet 001=s89.2650e 231.69 003=n89.2650w 241.44 002=s43.4315e 13.97 004=00.3310e 10.00 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fire Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$3,450.00 for Public Education Supplies C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: June 12, 2022 Presenter: Pam Orr/ Chief Blume Estimated Time: 5-7 Minutes Topic: Fire Dept. Public Education Budget Amendment Recommended Council Action: The Meridian Fire Department is the recipient of citizen donations, and a grant from the Idaho Fire Chiefs in the amount of$2,500 for a total amount of$3,450.We are requesting a budget amendment to move these donations and grant to our Public Education Division to purchase educational items needed for fire prevention efforts. Donations $950 City Match $2,500 Total Amendment $3,450 C O R V 7 LU N LU N N o (� LL E m � Z Z N 0 CN C 0 N N N a a N CV N N eY1' o0 H J N } 04 d.+ ' N O m 2 m a s ❑❑ CN M C4 a E +J 'd d a 't o co } O a Q v m m L o O S ca a o a 9 w w J coiA m w u p � J u LU v M ++ W d o � O y S W E uzz E Yz a cc m c ro aD Q a O +:: a; d a a .e c Y LL /•�/� " _ c 0 o L m N U N c p v e o `°' \� ° p C O i O G { w cu ~ a ° Z C H N tR V} t/1 An in to to to to th t4 to %6 'a O > Q a LL O r [p v° i Q a ~ o a a Q a p 3 c ra u 0 u Q O 4A Q :3 0 o 0 S S 0 m LA rh C,4 �„ a CV O ~ w ~ ~ o o N a •• aA aA aR aR th tR VF N +/i- VT tR N LL a A c W N D C {� +' GiCL m C •�- N tY M Y N a N Go U o N 7 d R d O O V C 0 CL ELCc c dO d U oft, C U CDA 07 N U 0 o a' a N y C1 Ct O c c n m ` f O O l_7 A a Q s p 3a0' � wa3 W ¢ o° o° t� ar x A A •O O O Q O 4 0 0 0 'O o 0 0 0 0 0 0 0 0 0 0 0 0 •6 0 0 0 0 0 0 p 0 00 L L d d a a � �pQOj �Q ppp N N n m 0 0 0 0 R = 000 000 000 C c v caQ m Ee e � m m L 0 d_ O °/ o 0 0 0 0 0 0 o C o 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o a tt o 0 0 -, a� Q m m m m m m m m S� g m m m m m m m m m m m m m Q m m m m m m O a rn m m a N d cm O fV 44 N N N N N w a N m N N N N N N N N N eq N 0 N N fV N N N L'i O N N N c LL C 0 ' :O N A I.r A �..i A tmz- A ._ _ _ Q. `(D O — — — — — — — — — — — — — �+ . .7 7 3 7 7 7 7 7 R C 7 7 7 7 7 ¢3 7 7 3 7 7 3 7 C 7 7 3 7 W C 7 7 3 m G, O CC I I IE+ c c i u 's d c u a E i c N x d e a ; o r � c c r.. 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O io " w r '6 C O N G W L r t al C W V h e C d 7 m n C x m Q EL i i 3 m E O m N a N rr . m 3 - t 3 w o 3 a a o O 4 o L N L� E r N N v 0 pN t t E0. � mViN - N IN Na Q ; 00 ' . 0 00OOQa O U F W d �i sn rri O v, O ui r cC z ac ai z w I U E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fire Department: Fiscal Year 2022 Budget Amendment in the Amount of $2,002,785.00 for Purchase of a Ladder Truck Originally Included in the Fiscal Year 2023 Operating Budget C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Meeting Date: June 12, 2022 Presenter: Division Chief Winkler/ Chief Blume Estimated Time: 5-7 Minutes Topic: Fire Dept. - Ladder Truck Budget Amendment Recommended Council Action: We are requesting a budget amendment for the purchase of a ladder truck. This truck is currently in the FY23 budget requests, and it has come to our attention regarding potential price increases, and we are trying to avoid $68,000 in price increases by ordering the truck sooner. Background: Ladder Trucks are a primary front line resource for a Fire Department. They are a primary specialized resource and response apparatus for structure fires, technical rescues and extrication in the Meridian Fire Department. Ladder Trucks respond to all fires including, but not limited to... structures and vehicles. They also respond to some EMS calls, all auto accidents,technical type rescue events and Hazardous Materials incidents. They are required to carry a minimum of 4 fire fighters, 170 feet plus of ground ladders and over 230 cubic feet of specialized equipment. Ladder Trucks typical responsibilities are, carrying ladders, forcible entry tools, extrication tools and salvage equipment. They are equipped to perform rescue, extrication,ventilation, overhaul, aerial master streams and other specific functions at fires and other emergency scenes. A new Ladder Truck purchase can be required for new/additional growth or as a replacement when an existing Ladder Truck has reached its life expectancy. Spare Ladder trucks are needed as well. Spare Ladder Trucks serve as backups when front line Ladder Trucks are out of service due to repairs or general maintenance. As the City and Fire Department grow,this could also require the need for a new Ladder Truck purchase. r c f Q L C d E E 4 N g N � T N CD F M� `d W 6 z° z° CV N (V cfl c y o allC) N o O N ^ E N rt N r, N N N c I y a v ❑❑' f� N cr) LL W U d u N N $ op LL t u V O Q m d = � n E E -mucu O00 N GI �+- •``O J V a O N cc a Z m m :2 Z d � � � 3 2 � LL LL •• •• a — OC m Occ I d=i ro O r a C Cow a oO Oo m b O {pp S n %a bQ n N rc_ 0 v .••� 4!1 TV 01 n N rl Q 1n O Q OL 1 . 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E S S w M A Y o o a m m a c v3i N ° a ° a i i s o •q o z v a a « u `" c 3 acC s m 07 a y v e E a a > c L E a a s E d E > - c :. 3 4 a 3 E r c r m E d aJZ ` • m m c a env a s m c.a N ? w w i ry C w c y E N ni C i y u Q.` X eaa C Oyl 3 0 ` LL a 7 N 7 C L S S a a c ar « a u J m C o m a r T H a L ! S ri r�i 7 O w v d Qi C L a a o O ., t - d R Q O vs.n w vs N ? m 7 `� A a a '"� c ap E �' c .3 w a $ �' u C O m E R m ~ N Oal 7' a O '= a •° Y1 C C Cf C a 6 aN. Ts a fl.'a CD C vai m a 0 C o a ¢i ip t C' O E E a H 1a A a r Q cr Y a 7 N 16 ti G a Q a. •-• C\ W a. a d a N o V C C Y a OL Q .a. a v 3 C e d�a r NYY mart Y ; ' a •u m _u a E s c o f LL T N 0 a a V C a m a `7 N L a a+ C " m C N N N a O N 4 R 3 c° o v is a Y 3 y ad k c a a 9 3 o Cx ,p b c CY 2 y m a N 1a cr C m vLVi N 1O a a N c c m a 1° coi ca s �' r -^ ' r 5 cai ` a a ° c'a O u a m N v n voi a N o Ki v Cal vi > �0 2 n C �" C E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2022 Budget Amendment in the Amount of $52,000.00 for Unit# 119 Vehicle Replacement C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 07122022 Presenter: Captain Stokes Estimated Time: 10 mins Topic: Replacement PD Unit# 119 Recommended Council Action: Request approval to purchase replacement Hybrid Ford PPV Background: Patrol Unit# 119 was totaled in an incident on May 7tn. 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Item #23 : Centrepointe Mixed - Use MDA ( H -2022-0035) Application (s ) : ➢ DA Modification Size of property, existing zoning , and location : This site consists of 11 . 17 acres of land , zoned C-G , located at Southwest corner of Eagle and Ustick . History : H -2018-0121 , DA Inst . # 2019-060877 — DA Mod and CUP Comprehensive Plan FLUM Designation : Mixed- Use Regional Summary of Request : The subject application encompasses two (2) parcels surrounding the southwest corner of N . Eagle Road and E . Ustick Road . These parcels were part of a Development Agreement Modification and Conditional Use Permit (CUP) application in 2019 . Purpose of these applications were : to enter into a new DA with a new conceptual plan and building elevations and CUP a request for a new athletic club and spa ( indoor recreation facility) , Villasport. Villasport is not going forward and property has since been sold to current owners . The approved DA ( Inst. # 2019-060877) depicts an approximate 90 , 000 square foot 2-story gym with an outdoor pool adjacent to the south boundary and the existing residential development to the south , and included some ancillary commercial along Eagle Road , Traffic Impact Study (TIS) was required as part of the previous approvals and estimated approximately 3 , 213 additional daily trips in 2018 . This volume of trips recommended certain roadway improvements including construction of an eastbound right-turn lane from Ustick Road into the shared private drive aisle—this drive aisle is technically unnamed as it is a commercial drive aisle but it is essentially an extension of N . Cajun Lane from the south . The right-turn lane and internal drive aisle connection to Cajun Lane is constructed and fully functional to date . Subject DA Modification is for the purpose of terminating the previous DA in order to enter into a new DA consistent with a new concept plan and provisions . Before getting into the details of the submitted concept plan and perspectives , Staff finds it necessary to analyze and discuss the project in a broader scope , specifically how it relates to other development in the area . The subject site is designated Mixed- Use Regional ( MU - R) on the future land use map and is part of a much larger area of MU - R along the Eagle Road corridor that includes The Village , Regency at River Valley apartments, as well as multiple other commercial users and a large undeveloped area . Specifically, within the MU - R area in this southwest corner of Eagle and Ustick, there is the Jackson Square development and commercial buildings to the south and on the hard corner to the northeast . The Comprehensive Plan discusses that projects should not contemplate uses across arterials even if they share the same future land use designation as it is not anticipated for users or residents to readily walk or bike across these transportation facilities . However, Staff finds it prudent to analyze all projects in this area with at least the four corners of development around the Ustick and Eagle intersection because , in reality, the transportation impacts and expected users will come from and go beyond just the southwest corner of this intersection , Staff believes the proposed project is generally consistent with the MU - R designation because the subject MU- R area currently consists of a number of retail , restaurant, office, and residential uses available to the region and the addition of these units should not over saturate this area with residential . The submitted concept plan depicts five (5) multi -family buildings with internal access ( not garden style apartments) and two commercial buildings—the multi-family is split into three (3) 4-story buildings on the larger area of the site west of the Cajun Lane and two (2) 3-story buildings between the two commercial buildings Cajun Lane . The submitted plan depicts at least a 25-foot landscape buffer along the entire perimeter of the site except for the southeast area of the site that abuts commercial uses . Further, it appears no building is proposed within 150 feet of the existing residences to the south of the site and includes the 25-foot buffer, carport parking , a drive aisle, and surface parking between the proposed 4-story apartment buildings and the existing homes . For comparison , Villasport was approved approximately 65 feet from the existing homes . Staff finds this separation should significantly help mitigate any issues with the height disparity of the existing two-story homes to the south and the proposed 4-story buildings . AND is not requiring a new TIS but instead requested an abbreviated study that includes turn lane analyses , parking analyses , and an updated trip generation study for the multi -family use . The Applicant performed the requested analyses and provided an abbreviated TIS report to ACHD and Staff. According to this document, the proposed multi-family project is anticipated to generate approximately 1 , 249 daily trips which is a reduction of approximately 1 , 964 trips per day . Therefore, the proposed project is anticipated to generate less than 40 % of the previously anticipated vehicle trips . This is a significant reduction in vehicles trips for the adjacent local and private streets as well as to the intersection of Eagle and Ustick . Staff noted concerns with open space on the site and layout of southeast area of the site . Staff met with Applicant to discuss these concerns and has presented a couple revised options that comply with minimum code requirements . i Staff Recommendation : Approval , per staff report . Written Testimony : Jared Schofield — Proposal is vastly different than existing approvals (Villasport) ; Issue with proposed 4-story buildings ; concern over increased traffic at peak hour times ; assumed increased crime with vehicles parked on the west side of Centrepoint Way , Notes : Possible Motions : Approval After considering all staff, applicant and public testimony, I move to approve File Number H=2022=0035 , as presented in the staff report for the hearing date of June 28 , 2022 : (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H -2022-0035 , as presented during the hearing on June 28 , 2022 , for the following reasons : (You should state specific reasons for denial) Continuance I move to continue File Number H =2022-0035 to the hearing date of [date] for the following reason (s) : (You should state specific reason (s) for continuance.) E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Public Hearing (Continued from June 28, 2022) for Centrepointe Mixed-Use MDA (H-2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. Link to Project Folder: https://bit.ly/H-2022-0035 A. Request: Development Agreement Modification to modify the existing development agreement (Villasport, Inst. #2019-060877) for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and multi- family development in lieu of an athletic club and spa on 11.17 acres in the C-G zoning district. O�W E IDIAN IDAHO PUBLIC HEARING INFORMATION Staff Contact: Joe Dodson Meeting Date: June 28, 2022 Topic: Public Hearing for Centrepointe Mixed-Use MDA (H-2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Lane near the southwest corner of N. Eagle Road and E. Ustick Road Request: Development Agreement Modification to modify the existing development agreement (Villasport, Inst. #2019-060877) for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and multi-family development in lieu of an athletic club and spa on 11.17 acres in the C-G zoning district Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing PUBLIC HEARING SIGN IN SHEET DATE : July 12, 2022 ITEM # ON AGENDA : 23 PROJECT NAME : Centrepointe Mixed - Use MDA ( H - 20 M035 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name ZqzA" �-rr 2 3 4 5 6 7 8 9 10 11 12 13 14 STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 6/28/2022 aR�8 Legend � DATE: Project Location -15 R-4C-2 0 TO: Mayor&City Council D) mu C-1 �R�4 �L � FROM: Joseph Dodson,Associate Planner � R=8� R-3 208-884-5533 , C-N SUBJECT: H-2022-0035 RUT R1 R- CT Centrepointe Mixed-Use MDA R 15 R 15 RI 8^ ;R $V R-15 R LOCATION: Project is located at 3030 N. Cajun Lane RUT and 3100 N. Centrepoint Way,near the R1 R'.2 R-8 RUT- southwest corner of N. Eagle Road and ® R1�R-2� ®R_I-4 E. Ustick Road, in the NE 1/4 of the NE R11 R-8 � R1 R-4 �-� 1/4 of Section 5, Township 3N, Range R-2 R7 R-40 lE. RUT RUT C-G I. PROJECT DESCRIPTION Request to modify the existing development agreement(Villasport, Inst. #2019-060877)for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and a multi-family development in lieu of an athletic club/spa and commercial building on 11.17 acres in the C-G zoning district,by Givens Pursley. II. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley—601 W Bannock Street,Boise,ID 83702 B. Owner: Mike Maffia,MGM Meridian,LLC—5 Naranja Way, Portola Valley, CA 94028 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 6/12/2022 Radius notice mailed to properties within 500 feet 6/10/2022 Pagel Public hearing notice sign posted 6/17/2022 NextDoor Posting 6/10/2022 IV. STAFF ANALYSIS History The subject application encompasses two(2)parcels surrounding the southwest corner of N. Eagle Road and E.Ustick Road. These parcels were part of a Development Agreement Modification and Conditional Use Permit(CUP)application in 2019 that removed the subject parcels from an existing Development Agreement(DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations(H-2018-0121,DA Inst. #2019-060877)and a request for a new athletic club and spa(indoor recreation facility),Villasport. The CUP approval for the indoor recreation facility has since expired and the property has been sold to the current owner. Therefore,the current DA contemplates a use that would require a new CUP approval and is under new ownership that has a different vision for the property. Development Agreement Modification& Comprehensive Plan The approved DA(Inst. #2019-060877) depicts an approximate 90,000 square foot 2-story gym with an outdoor pool adjacent to the south boundary and the existing residential development to the south and included some ancillary commercial along Eagle Road. Furthermore, a Traffic Impact Study (TIS)was required as part of the previous approvals and estimated approximately 3,213 additional daily trips in 2018. This volume of trips recommended certain roadway improvements including construction of an eastbound right-turn lane from Ustick Road into the shared private drive aisle— this drive aisle is technically unnamed as it is a commercial drive aisle but it is essentially an extension of N. Cajun Lane from the south. The right-turn lane and internal drive aisle connection to Cajun Lane is constructed and fully functional to date. Through the subject DA Modification,the new owners are proposing to terminate the previous DA in order to enter into a new DA consistent with a new concept plan and associated provisions for a mixed-use development consisting of multi-family residential and commercial space. Specifically,the Applicant's narrative states the inclusion of 259 multi-family units and approximately 9,600 square feet of commercial space on the existing 11 acres in the C-G zoning district. The submitted concept plan is more detailed when compared to most concept plans submitted with DA Modifications. The Applicant chose this option to provide the City Council and Staff with as much detail as possible to ensure Staff more analysis on the proposed project. Before getting into the details of the submitted concept plan and perspectives, Staff finds it necessary to analyze and discuss the project in a broader scope, specifically how it relates to other development in the area. The subject site is designated Mixed-Use Regional(MU-R)on the future land use map and is part of a much larger area of MU-R along the Eagle Road corridor that includes The Village, Regency at River Valley apartments, as well as multiple other commercial users and a large undeveloped area. Specifically,within the MU-R area in this southwest corner of Eagle and Ustick, there is the Jackson Square development and commercial buildings to the south and on the hard corner to the northeast. The Comprehensive Plan discusses that projects should not contemplate uses across arterials even if they share the same future land use designation as it is not anticipated for users or residents to readily walk or bike across these transportation facilities. However, Staff finds it prudent to analyze all projects in this area with at least the four corners of development around the Ustick and Eagle intersection because, in reality,the transportation impacts and expected users will come from and go beyond just the southwest corner of this intersection. To the north are a number of big box stores(Kohl's,Dick's, and Hobby Lobby)and the new Brickyard vertically integrated development;to the north east is Lowe's and various other Page 2 commercial and restaurant buildings; to the east is Trader Joe's, multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments,restaurant users, and the Village. In terms of the ratio of commercial to residential within this area,there is currently a healthy mix of commercial and residential uses within walking distance of each other. Consistent with this discussion, Staff finds the addition of the proposed multi-family development and additional commercial pad sites would offer residential to support the mix of commercial uses in this area. Therefore, Staff believes the proposed project is generally consistent with the MU-R designation because the subject MU-R area currently consists of a number of retail,restaurant, office, and residential uses available to the region and the addition of these units should not over saturate this area with residential. Concept Plan The submitted concept plan(Exhibit VLB below)depicts five(5)multi-family buildings with internal access(not garden style apartments) and two commercial buildings—the multi-family is split into three(3)4-story buildings on the larger area of the site west of the Cajun Lane and two (2) 3-story buildings between the two commercial buildings Cajun Lane. The submitted plan depicts at least a 25-foot landscape buffer along the entire perimeter of the site except for the southeast area of the site that abuts commercial uses. Further, it appears no building is proposed within 150 feet of the existing residences to the south of the site and includes the 25-foot buffer, carport parking, a drive aisle, and surface parking between the proposed 4-story apartment buildings and the existing homes. For comparison,Villasport was approved approximately 65 feet from the existing homes. Staff finds this separation should significantly help mitigate any issues with the height disparity of the existing two- story homes to the south and the proposed 4-story buildings. The Applicant has provided a perspective drawing from the intersection of Centrepoint and E. Picard looking northeast to help show the view from the street(see section VI.B). Overall, Staff finds the proposed layout to be an efficient use of the space for the proposed multi- family use and provides for the safest access available. However, Staff does have concerns with the viability of the proposed open space to meet code requirements and the design of the southeast portion of the site. According to the specific use standards for multi-family development(UDC 11-4- 3-27), common open space may not be counted towards the required minimum when it is adjacent to arterials unless approved through the CUP process. Therefore,the proposed open space shown may not all be qualified open space if Planning and Zoning Commission do not approve it in its current location. This is concerning because if the Commission does not approve it,the proposed site plan and open space will not comply with the minimum open space standards and major revisions would likely be needed or a relatively major reduction in units would need to occur to reduce the amount of qualified open space needed. Staff s other main concern is in regards to the southeast area of the project that depicts two commercial buildings and two multi-family buildings. The required landscape buffer to Eagle Road is 35 feet and the concept plan depicts a 25 foot buffer instead. In addition,the color concept plan depicts the multi-use pathway segment required within this buffer to be completely out of alignment with the two existing segments to the north and south. Because the design for the commercial and drive-through is shown to be directly abutting the 25-foot buffer,the Applicant will need to shift the entire commercial site west at least 10 feet to comply with UDC requirements. Furthermore,the Applicant will need to extend the multi-use pathway from the existing locations on their north and south boundary and place this pathway within the landscape buffer and not within ACHD right-of- way as currently shown. These required revisions would likely create a need to redesign this area of the project because there will be a reduction in the area available for parking, open space, and circulation. Therefore,to help Page 3 mitigate this, and potentially increase the available commercial area, Staff has specific recommendations to City Council to revise the concept plan prior to the Council meeting: 1. Increase the Eagle Road buffer from 25 feet to 35 feet to comply with the UDC. 2. Continue the multi-use pathway in alignment with the existing locations stubbed to the north and south property lines. 3. Continue the pedestrian network shown along the southern boundary to connect from the west half of the site to the multi-use pathway along Eagle and provide for a connection from the commercial building sidewalks, consistent with code. 4. Remove one or both of two 3-story multi-family buildings or reduce their size to a point that allows more commercial space,more parking, and a plaza that can be more directly shared between the 3-story multi-family buildings and the commercial or the 4-story multi-family and the commercial—there are a number of ways this could be accomplished but Staff is recommending the following: a. Remove building D in lieu of a larger shared plaza in its location. b. Reduce or remove the plaza area currently shown as the noise and smell from the Eagle Road traffic largely reduces the appeal of outdoor seating along this corridor. c. Increase the size of the retail building for added commercial space. With the recommended revisions,the density can be slightly reduced which also reduces the amount of required parking(further discussion below),amount of qualified open space required,and allows the site to comply with dimensional and parking standards—Staff believes these revisions maintain the original intent of the Applicant's design but also increases the available commercial space and area for parking. According to the site data table,the multi-family units consist of 41 studios, 108 1-bedroom units, and 110 2-bedroom units to total 259 units. The minimum parking required for the proposed distribution of unit types and clubhouse is 457 stalls with 218 of them covered; the Applicant is proposing 457 stalls with 218 covered and an additional 20 stalls for the commercial to total 477 parking stalls. The commercial drive-through has already received conditional use permit approval but the proposed multi-family residential would require a CUP in front of the Planning and Zoning Commission should Council approve this DA Modification. However,the site plan contemplates a Starbucks as one of its commercial users which is considered a drive-through restaurant in our code and requires a different commercial parking ratio of 1 space for every 250 square feet. Therefore,the minimum commercial parking required for the proposed commercial area is 24 spaces and the Applicant would need to obtain 4 additional parking spaces in this area of the site based on the elements shown on the submitted plan. It has been Staff s experience that coffee shops, especially Starbucks,require parking beyond code minimums so the submitted concept plan causes concern for Staff, as discussed above. Further, should additional restaurant uses be proposed,additional parking would be required to meet code or they would not be allowed. In addition,there are a number of parking spaces proposed west of Centrepoint Way with no other development on this area of the site. In order for future residents to use this parking lot they will need to cross Centrepoint Way which would be anticipated as a busy roadway with the existing residences and the addition of the proposed multi-family. Staff has concerns over the safety of access to this parking lot. Centrepoint Way is public right-of-way so if any crossing is proposed,the Applicant would need to work with ACHD to obtain approval to modify the intersection depicted on the concept plan. Staff supports the inclusion of bulb-outs and striping at a minimum in order to Page 4 help create safer pedestrian access to and from these areas of the property and the Applicant should work with ACHD. In addition to parking,overall access into the site is integral to the analysis of the proposed project. Main access is depicted from Ustick via the shared drive aisle near the center of the development and via Centrepoint Way near the west boundary;no access to Eagle is allowed or proposed. Two access points are depicted to each of these for the multi-family project in the center of the site with the east retail site and 3-story multi-family buildings proposed with an access to the shared drive aisle. All access points are aligned with any access points on opposing sides of the roadways. Because of the proposed use and the existence of the right-turn lane from Ustick to Cajun Lane, Staff supports the proposed accesses and does not find alternatives available without accessing the roadways to the south which are split between public right-of-way and a private lane. As discussed above,the previous use was approved with a CUP and required a TIS,which noted that approximately 3,213 additional daily vehicle trips were anticipated. In anticipation of the proposed use and number of units,the Applicant reached out to ACHD to determine if a new TIS would be required. The proposed use of multi-family and the reduction in commercial area is anticipated to generate less trips than the previous use of an indoor recreation facility. Therefore,ACHD is not requiring a new TIS but instead requested an abbreviated study that includes turn lane analyses, parking analyses, and an updated trip generation study for the multi-family use. The Applicant performed the requested analyses and provided an abbreviated TIS report to ACHD and Staff. According to this document,the proposed multi-family project is anticipated to generate approximately 1,249 daily trips which is a reduction of approximately 1,964 trips per day. Therefore, the proposed project is anticipated to generate less than 40%of the previously anticipated vehicle trips. This is a significant reduction in vehicles trips for the adjacent local and private streets as well as to the intersection of Eagle and Ustick. V. DECISION A. Staff. Staff recommends approval of the proposed MDA with the proposed site plan revisions and per the DA provisions in Section VI.C. Page 5 VI. EXHIBITS A. Existing Concept Plan Matedal Legend- V MTHE deLAN 0 l GROUP "Man. � aatc AREAA AREA B 1111 ul U2 t--]T . . . . . . . . . . Ani Lu 2 Plojen Calculation: Lu A E AREA D- AREA E C1.04 Requialie,$: A C­ iJ 11!.flaTOverall C1.00 Page 6 Project Information: I o qcE..��ax c�owxci nEpm _ �Fc�o wsxe•eu I US71CKA0AA � I ' AREAR- I ti AFL BB I �� o � � C1� �x,u Cl U � � r.. CAM _ ( I .yy 4..E..........lA5PP19¢oAEFYtl � "Ymx' / � � .. Y' 97�Y11P� :•® .a 1 o tl s I g 79 € i'E AREAC- pREAO-`* — AREAE- C1.03 � _, C104 C1.05 O O I I Site Plan-Overall ,t in Page 7 B. Proposed Conceptual Site Plan and Perspectives(NOT APPORVED): SITE INFORMATION I LEGEND T I zz_ CONCEPT SITE PLAN - CENTREPOINT Eagle&Ustick Meridian,ID My 9,2022 Kimlev))Horn TT Page 8 E LISTICK RD ® P MP.RV SECGN Y NTR oe oa ,o a _ULDING�A I VIN l J or BU LD GC BUILDINGS _II L I ?5' — 0 o o .Ftsma ev � A a soaruw ru.n, , I 1 �Ll BUIIDINGD i r ;i u j -_.. �s oav i 0 , o 0 o BUILDINGE I o •o Z _ ^a vaovo L® LJJ�11 asoxr o , ` iism sv YTJ F__1 r Y l I SITE PLAN NORIHm ,,.0 01 �J 05,12.2022 CENTREPOINT MIXED-US(E PNaJO #21-O> Way,3185EUstick Rd,3030N Cajun Ln,MeidianlD83646 XX pivot north Page 9 ' �o �✓ y/% i C= is AERIAL VIEW LOOKING NORTH EAST .0 I f I v AERIAL VIEW 02 KEYPLAN 05,�2 2022 CENTREPOINT MIXED-USE PNuja#n21.OXX 3,6E 1stick Rd,3J3°"C;°nLn,Npridlanl°8 6 pivot north' I 7. - ► 1 Q i 0!. — \_.� I�YPLAN _ f AERIALUIEW LOOKING SOUTH EAST AERIAL VIEW 03 05.'122022 CENTREPOINT MIXED-USE PNa o#21-OXX ,3185EU °kRd,3°3°" °nLn,Neridlanl°°3646 pivotnorth' Page 10 � r'• t3 — —. — ' T r O O O O O O O — O O O O • O — lid v VIEW TO ENTRY FROM OSTICK AERIAL VIEW 04 I 05.12.2022 PNaJOB#n21OXXWay,3185EUstickRd,3030NCajunLn,MedianlD83646 CENTREPOINT MIXED-USE pivot north" ��`'��❑ s _.o 1. a! :YPI AN 0 0 0 a o 0 e to VIEW TO PEDESTRIAN CONNECTION FROM EAGLE AERIAL VIEW 05 05,12,2022 E Centrepoint CENTREPOINT MIXED-US pivotnorth Page 11 KEYPLAN V� VIEW LOOKING EAST DOWN E.PICARD ST PERSPECTIVE VIEW 06 (� 05.12.2022 CENTREPOINT MIXED-USE PNaJOB#21-OXXWay,3185EUstickRd,3030NCajunLn,NlerdianlD83646 pivot north' Page 12 C. Staff s Recommended Development Agreement Provisions: 1. Future development of this site shall be substantially consistent with the submitted concept plan and color renderings included in Section VI and the provisions contained herein. 2. Future development shall comply with the standards outlined in the multi-family development specific use standards,UDC 11-4-3-27. 3. All future pedestrian crossings that traverse shared drive aisles within the development shall be constructed with brick,pavers, stamped concrete, or colored concrete to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. 4. The required landscape street buffers and multi-use pathway segment shall be constructed and vegetated with the first phase of development along E. Ustick Road and N. Eagle Road; the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first phase of development. 5. Applicant shall work with ACHD to construct a safe pedestrian crossing from the multi-family site area to the parking lot along the west boundary across N. Centrepoint Way. 6. Prior to the City Council hearing,revise the site plan generally consistent with Staff s recommendations in Section IV. Page 13 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Centrepointe Mixed 87-June%2028,%202022%206.00%20PM.pdf p. 74 -City%20Council%20Regular%20Meeting-file:///C:/Users/mckin/Downloads/AgendaPacket by Givens Pursley0035) -2022-(HUse MDA - Centrepointe Mixed Tuesday, June 28, 2022 at 6:00 PM 33 East Broadway Avenue Meridian, Idaho City Council Regular Meeting City Council Chambers his entire allotted time. The last hearing he only had 3 of 5 min.THIS TIME please GIVE the HOA representativechanges, go over them, and collect their thoughts. tax payers. Majority of the City Budget is funded by these taxes. Time needed to see Please remember those you represent. Existing taxpayers and residents and property Residents need to have a voice.Quality of life and the process matter. Continued to July 12, 2022 and E. Ustick Rd. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. 0035) by Givens Pursley, Located at 3100 N. -2022-Use MDA (H- New and Old Designs Height of buildings:# of Commercial bldgs:# of Parking spaces:# of Apartments: Parking Clubhouse = 8Guest for 213 units = 2130 (3) = 6063 (2) = 12696 (1) = 14424 Studio = 24 Posted 8 JulyNew Site Specificsbased on Rejected already: Outdoor pool too noisy(*) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=264526&dbid=0&repo=MeridianCity kids, bicycle and walking pathsSafety: full sidewalks, more open space, park area needed for ● Schools: already too crowded (*)● Privacy: overlook fences into homes and backyards● Traffic: increased beyond capabilities of area● Parking overflow into neighborhood● residentsUnjust Tax Burden on HOAs: Private roads will be used by new ● affectNow: Very tall and too many apartment buildings which will Biggest concerns for this size of project:across Eagle Road? used roads. Are the children supposed to bike to a park or walk and older citizens. Where’s the park? Next to VERY Heavily There’s not an acceptable amount of open space for children three story right on Ustick.Two story apartments would be more appropriate. With one should homeowners pay for intensified use? The middle road has punched thru to a private road. Why Turn it into a gated community paid for by the developer. using the private roads. -neighborhood Unfair financial burden and unjustly profiting from the adjoining Compass Recommendations 30 JuneCLOSER parking-#1 Compass Recommendations 30 Junebicycle parking, bike paths, connect to bus-#2 In terms of the ratio of commercial to now is to the project that was rejected. with that. Not how much better what you have Let’s talk about what you’ve shown us, and work West side closer to townhomes?restaurants, why not place outside tables on People don’t want to eat on the east side of blending retail and apartments.-attempting Generally not the cohesive plan you’re subdivision.Issues with roads going from Eagle in and out of Not enough parking close enough to apartments.usage, etc.safety, -Wrong location for additional parking Too many apartments for the area.absorb new information or respond to changes.Not enough time for City Council or residents to Your Opinion Last Week:Staff’s Findings:residential.not over saturate this area with and the addition of these units should residential uses available to the region number of retail, restaurant, office, and R area currently consists of a -MUR designation because the subject -MUTherefore, Staff believes the proposed commercial uses in this area. residential to support the mix of commercial pad sites would offer family development and additional -finds the addition of the proposed multiConsistent with this discussion, Staff distance of each other. and residential uses within walking currently a healthy mix of commercial residential within this area, there is City Council Although taxes haven’t been raised, levies for schools have increased tremendously!● and parking?impact? Especially when something is this large and not designed with enough green space They absolutely need to build on their land. But do developers really pay their share of this ● resident that joins us in Meridian. families do not pay initial full impact: Roads, Safety, Schools are all hit with every -Multi● COMPASS, Planning and Zoning, etc.-take advice of other agencies -increases of taxes to individuals-Think about an impact on surrounding communities with each development -has a HUGE impact for everyone in the city.-especially something this big -way of life. A larger burden shifts to existing taxpayers. Intensity of use for each development these large developments. Continue to represent your citizens. We petition you to protect our You are responsible to the intensity of use! Fixed incomes and new families are paying for ● shouldn’t pay for roads new residents will use.HOA -It’s important that we don’t unjustly allow a development to profit from other taxpayers ● Ensure that the due process works for both developers and residents● WE NEED YOUR HELP- Additional Slides Actual cost of maintaining private roads per personParking on West side ok if wallSkewed proportionsgreat example (2)-Olympus at Ten Mile Solution to Overflow West Parking Solutions for West lot:the way to UstickOverflow parking Great Example of what can be done at Eagle and Ustick!1961 W Franklin Rd Meridian, ID 83642Olympus at Ten Mile 35 addt garages to rent45 guest parkingApartments: 88 w one carport + addtTownhomes: 18 w 2 car garageUnits: 106Sold Dec 202120-Built by CBH 2019 propertyThey too have a creek on the ● of a hotelA feeling of community instead ● No more than three stories high● the buildingsNotice the parking right next to ● Olympus at Ten Mileplans#/-mile/floor-ten-at-https://www.olympusproperty.com/apartments/id/meridian/olympusEmail Us3510-906-2081961 W Franklin Rd Meridian, ID 83642 View from Eagle looking West Kohl's!height as are the same apartments like the This looks high!three stories homes are like the This looks Skewed proportions Neighbors have agreed that parking on left extends all the way to Ustickmay be okay if there’s a masonry fence that MUST share cost of maintaining private roads!which would be based on residents per sq mile.This project should be considered a Section D and pay their fair share per possible vehicle per day out in ____ ).There are two HOAs. One for Section A (built out in ____ ) and another for B&C combined (built Cost per resident:Current size:Current # of residents:Section CSection BSection Aallows these blocked, which they won’t.It is absurd to say that no one in this new project will use the roads. Unless the fire department Each of the three sections currently in this area shares the burden of maintaining the private roads. fees go up to support this new project.HOA their Otherwise the current residents would have Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll CentrePoint Deborah Nelson, Givens PursleyHornKimleyBrandon McDougald, , BDE ArchitectsShurTrevor , MGM MeridianMaffiaMike 2022July 12, Meridian City Council Mixed Use Previously Proposed Site Plan Updated Site Plan Cross Section Cross Section Renderings Renderings Supplemental Materials Approved Site Plan VillaSport- Updated Site Plan E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ordinance No. 22-1984: An Ordinance (Pavilion at Windsong - H-2021-0102) for Rezone of a Parcel of Land Located in the Southeast % of the Southeast % of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 3.42 Acres of Land from the C-C (Community Business) Zoning District to the R-40 (High-Density Residential) 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 ADA COUNTY RECORDER Phil McGrane 2022-063221 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/13/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-1984 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, AU , PERREAULT, STRADER AN ORDINANCE (PAVILION AT WINDSONG - -2021-4102) FOR REZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 3. 2 ACRES OF LAND FROM THE C-C (COMMUNITY USINESS) ZONING DISTRICT TO THE -40 (HIGH-DENSITY RESIDENTIAL) 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 Y LAW; AND PROVIDING FOR A SUMMARY OF THE INANCE; AN 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: Rama Group, LLC. SECTION 2. That the above-described real property is hereby rezoned from C-C (Community Business) zoning district to the R-40 (High-Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the Laws of the State of Idaho, and the Ordinances of the City of Meridian to rezone said property. SECTION 4. That the City has complied with all 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. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,rescinded and annulled. REZONE ORDINANCE—PAVILION AT WINDSONG SUBDIVISION(H-2021-0102) PAGE 1 OF 3 SECTION 7. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. That 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 12'Day of July, 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 121" Day of July, 2022. MAYOR ROBiRTt. SIMISON ATTEST: CHRIS JO SO � CLERK STATE OF IDAHO, ) ss: County of Ada ) On thisl2th day of J U I Y , 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. (SEAL) Notary Public fo daa o Residing At: Meridian, Idaho My Commission Expires: 3 - 2 8 - 2 0 2 8 REZONE ORDINANCE—PAVILION AT WINDSONG SUBDIVISION(H-2021-0102) PAGE 2 OF 3 EXHIBIT A Legal Description PAW Subdivision Property Rezone — R-40 A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE '/4, from which a 5/8 inch rebar marking the southwest corner of the SE '/4 of said Section 35 bears N 89°14'45" W a distance of 2643.35 feet; Thence N 89°14'45" W along the southerly boundary of said SE '/4 of the SE '/4 a distance of 244.80 feet to the POINT OF BEGINNING; Thence continuing N 89014'45" W along the southerly boundary of said SE '/4 of the SE '/4 a distance of 145.20 feet to a point; Thence leaving said southerly boundary N 0d15'19" E along the easterly boundary and the extension thereof of Windsong Subdivision No. 2 as shown in Book 100 of Plats on Pages 13022 thru 13024, records of Ada County, Idaho, a distance of 657.59 feet to a 5/8 inch rebar marking the northeast corner of said Windsong Subdivision No. 2; Thence leaving said easterly boundary S 89d31'02" E a distance of 389.94 feet to a point on the easterly boundary of said SE % of the SE %; Thence S 0d15'04" W along said easterly boundary a distance of 125.00 feet to a point; Thence leaving said boundary N 89031'02" W a distance of 231.94 feet to a point; Thence S 0d28'58" W a distance of 121.50 feet to a point; Thence S 89031'02" E a distance of 47.21 feet to a point of curvature; Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve right, said curve having a central angle of 89046'05" and a long chord bearing S 44037'59" E a distance of 38.11 feet to a point of tangency; Thence S 0015'04" W a distance of 223.18 feet to a point; Thence N 90000'00" W a distance of 87.15 feet to a point; Thence S 0000'00" W a distance of 160.98 feet to the POINT OF BEGINNING. This parcel contains 3.42 acres and is subject to any easements NPI. LAND��o T s existing or in use. CD �G �'Z_ Clinton W. Hansen, PLS a iq Land Solutions, PC n y P = December 14, 2021 %, TF 0 F \0 �`�� TON W \A Lci ��lLitia PAW Subdivision R L — Land 5—eying and Consulting b N Rezone Job No.20-69 Legal Description PAW Subdivision Property Rezone — C-C A parcel located in the SE '/4 of the SE '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the southeast corner of said SE '/4 of the SE '/4, from which a 5/8 inch rebar marking the southwest corner of the SE % of said Section 35 bears N 89°14'45" W a distance of 2643.35 feet; Thence N 89014'45" W along the southerly boundary of said SE % of the SE % a distance of 244.80 feet to a point; Thence leaving said southerly boundary N 0000'00" E a distance of 160.98 feet to point; Thence S 90°00'00" E a distance of 87.15 feet to a point, Thence N 01504" E a distance of 223.18 feet to a point of curvature; Thence a distance of 42.30 feet along the arc of a 27.00 foot radius curve left, said curve having a central angle of 89046'05" and a long chord bearing N 44037'59" W a distance of 38.11 feet to a point of tangency; Thence N 89031'02" W a distance of 47.21 feet to a point; Thence N 0°28'58" E a distance of 121.50 feet to a point; Thence S 89031'02" E a distance of 231.94 feet to a point on the easterly boundary of said SE '/4 of the SE %; Thence S 0°1504" W along said easterly boundary a distance of 534.44 feet to the POINT OF BEGINNING. This parcel contains 2.47 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC December 14, 2021 ONp L LA NO a 11118 z 'LT0 N W \A P� l c�t7 C7�U�10j75 PAwSubdivision ��- C-C Rezone Land Surveying and Consulting Job No.20-69 EXHIBIT B PAW SUBDIVISION REZONE EXHIBIT 1/4 35 36 UNPLATTED m S89'31'02"E 389.94' cD z 0 =0 d CD N W. CROSSWIND ST. 231.94' S89'31'02"E J RAJ Z 1 1 1 8 47.21' 21 �0 2 N89'31'02"W c� c 9 P `N' � F NP��� u? C-C ZONE 3 /V yy, i 2.47 ACRES o (V to O Z m R-40 ZONE n _ i, 3.42 ACRES I m o o z z o r-i LO N o z J 87.15' S90'00'00"E J w O [C PL OCD W O m O Z Z J Z —PL- 35 2253.35' 145.20' 244.80' 35 36 1/4 2 USTICK RD N89'14'45"W 2643.35' 2 1 POINT OF BEGINNING BASIS OF BEARING POINT OF BEGINNING f R-40 ZONE C-C ZONE 0 50 100 200 CURVE TABLE Lan2lutionsCURVE # LENGTH RADIUS DELTA BEARING CHORD Land eying and Consulting 231 E 5TH ST.,STE.A C1 42.30' 27.00' 89'46'05" N44'37'59"W 38.11' MERIDIAN, 8 (208)288-2040 (208)288-28-2557fax www.1andSOluti0n5,biz JOB NO. 20-69 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 . 10 1 . . jio�� William L . M . Nar , City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 224984 An Ordinance (Pavilion at Windsong - H-202I -0102) for Rezone of a Parcel of Land Located in the Southeast '/a of the Southeast '/a of Section 35 , Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho ; Establishing and Determining the Land Use Zoning Classification of 3 . 42 Acres of Land from the C-C (Community Business) Zoning District to the R40 (High-Density Residential) 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 - PAVILION AT WINDSONG SUBDIVISION (H-2021 -0102) PAGE 3 OF 3 I E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ordinance A-22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Located in Portions of the Northeast % of the Southwest % and the Northwest % of the Southeast % and All of the Southeast % of the Northwest% 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 WE (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 ADA COUNTY RECORDER Phil McGrane 2022-063222 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 07/13/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE N . A-22-1979 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ( -2021-0081 VANGUARD VILLAGE SUBDIVISION)FOR REZONE OF A PARCEL OF LAND LOCATED IN PORTIONS OF THE NORTHEAST 1/4 OF THE S UT EST 1/4 A T T EST I/4 F THE T EAST 1/4 A ALL OF THE SOUTHEAST 1/4 F THE NORTHWEST 1/4 F SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; ESTABLISHING AND DETERMININGTHE LAND USE ZONING CLASSIFICATION OF 7.06 ACRES FROM THE C-C (COMMUNITY USINESS) ZONING DISTRICT TO THE - E (HIGH-DENSITY EMPLOYMENT) ZONING DISTRICT; 17.38 ACRES FROM THE C-C (COMMUNITYBUSINESS) AN -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-1.5 (MEDIUM HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT; AND 1.10 ACRES FROM THE H- E (HIGH-DENSITY PL Y ENT) TO THE C-C (COMMUNITY USINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITHTHE 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 READINGRULES; 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 (Community Business) Zoning District (1.10 acres) in the Meridian City Code Zoning District in the Meridian City Code. REZONE ORDINANCE—AMENDED-VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE I OF 3 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 12th day of July , 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 12th day of July , 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) REZONE ORDINANCE-AMENDED-VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE 2 OF 3 ) ss: County of Ada ) On this 12th day of July 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—AMENDED-VANGUARD VILLAGE SUBDIVISION-H-2021-0081 PAGE 3 OF 3 EXHIBIT A T O EN IGIIVEERS Project No: 190580 Date: May 16, 2022 Page 1 of 2 MERIDIAN 118 A parcel of land, situated in a portion of SE1/4 of the NW1/4, NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 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 NW1/4, B) 5.89°14'36"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 SE1/4 of the NW1/4, 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 SE1/4 of the NW1/4, 2) 5.89"15'14"E. 1321.49 feet to the center-north one-sixteenth corner of said Section 15; thence, along the east boundary of said SE1/4 of the NW1/4, 3) 5.00"36'37"W. 1328.96 feet to the center one-quarter corner of said Section 15; thence, along the north boundary of said NW1/4 of the SE1/4, 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 NW1/4 of the SE1/4, 5) 5.00°33'00"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. 3 12.10 feet; thence, 7) N.86048'58"W. 675.49 feet; thence, 8) N.84°05'20"W. 546.27 feet; thence, 9) N.84022'21"W. 139.20 feet; thence, 10) N.81025'39"W. 569.26 feet; thence, i 2471 S.Titanium Place Meridian, ID 83642 P: 208.323.2288 to-engineers-cam 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.00039'32E. 1095.79 feet to the POINT OF BEGINNING. CONTAINING: 115.26 acres, more or less i� ► 3765 �rF OF it ov��� 2 2471 5.Titanium Place Meridian,ID 83642 P: 208.323-2288 to-engineers.com T O ENGINEERS Project No: 190580 Date: December 15, 2021 Page 1 of 1 MERIDIAN 118 H-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4, and the NW1/4 of the SE1/4, of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center East 1/16 Corner of said Section, from which the Center 1/4 Corner of said Section bears N.89°14'39"W., 1321.43 feet; thence along the east boundary of said NW1/4 of the SE1/4, A) S.00033'33"W., 419.50 feet; thence, B) S.88020'35"W., 422.37 feet; thence, C) S.06°13'49"W., 104.18 feet to the POINT OF BEGINNING; thence continuing, 1) S.06°13'49"W.,46.04 feet to the beginning of a tangent curve; thence, 2) Southwesterly along said curve to the right, having a radius of 125.0❑ feet, an arc length of 96.48 feet, through a central angle of 44°13'28" and a long chord which bears S.28°20'33"W., 94.11 feet; thence tangent from said curve, 3) S.50027'17"W., 698.92 feet; thence, 4) N.39032'45"W., 589.58 feet; thence, 5) N.66006'05"E., 97.09 feet to the beginning of a tangent curve; thence, 6) Northeasterly along said curve to the right, having a radius of 1000.00 feet, an arc length of 430.30 feet, through a central angle of 24°39'16"and a long chord which bears N.78025'43"E., 426.99 feet; thence tangent from said curve, 7) S.89°14'39"E., 456.97 feet to the POINT OF BEGINNING. CONTAINING: 7.06 acres, more or less. *Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738, Official Records of Ada County, Idaho. PE 13765 0 0 s lZ�L4`�jp 1 ®TF OF SDP 332 N. Broadmare Way Nampa,ID 83687 P:208.442,6300 to-engineers.coi a 01MA1-�- T-O ENGINEERS Project No: 190580 Date: December 15,2021 Page 1 of 2 MERIDIAN 118 M-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4,of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center 1/4 Corner of said Section 15, from which the Center East 1/16 Corner of said Section bears S.89°14'39"E., a distance of 1321.43 feet; thence, along the north line of said NE1/4 of the SW1/4, A) N.89014'51"W., 291.63 feet to the POINT OF BEGINNING.;thence, 1) S.39031'08"E., 747.95 feet to the beginning of non-tangent curve; thence, 2) Southwesterly along said curve to the left, having a radius of 1000.00 feet,an arc length of 185.66 feet, through a central angle of 10°38'16"and a long chord which bears S.71°25'13"W., 185.40 feet;thence tangent from said curve, 3) S.66006'05"W., 231.67 feet to the beginning of a non-tangent curve;thence, 4) Southwesterly along said curve to the right, having a radius of 750.00 feet, an arc length of 322.73 feet,through a central angle of 24"39'16"and a long chord which bears S.78°25'43"W., 320.24 feet; thence tangent from said curve, 5) N.89014'39"W., 51.86 feet;thence, 6) S.00045'21"W., 393.83 feet to the north right-of-way of Interstate Highway 84; thence along said right-of-way, 7) N.81024'57"W., 352.28 feet;thence, 8) N.85023'09"W., 21.65 feet; thence departing said north right-of-way, 9) N.09028'05"E., 86.37 feet to the beginning of a tangent curve, thence, 10) Northeasterly along said curve to the right, having a radius of 150.00 feet,an arc length of 107.30 feet,through a central angle of 40°59'02"and a long chord which bears N.29°57'36"E., 105.02 feet; thence tangent from said curve, 1 332 N. Broadmore Way I Nampa, ID 83687 P:208.442.6300 to-engineers.com T-O ENGINEERS Project No: 190580 Date: December 15, 2021 Page 2 of 2 11) N.50027'07"E., 357.09 feet; thence, 12) N.39°32'45"W., 918.69 feet to beginning of a tangent curve;thence, 13) Northwesterly along said curve to the right, having a radius of 150.00 feet,an arc length of 39.04 feet,through a central angle of 14°54'48"and a long chord which bears N.32°05'21"W., 38.93 feet to the north boundary of said NE1/4 of the SW1/4,from which point the Center West 1/16 Corner of said Section bears N.89°14'51"W.,a distance of 115.16 feet; thence, 14)S.89014'51"E., 915.97 feet to the POINT OF BEGINNING. CONTAINING: 17.38 acres, more or less. *Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738, Official Records of Ada County, Idaho. N �c a37U5 0 9oeID 0 A 1 M 2 332 N. Broadmore Way Nampa,ID 83687 P: 208.442.6300 to-eng;neers.com T O ENGINEERS Project No: 190580 Date: August 30, 2021 Page 1 of 1 MERIDIAN 118 R-15 ZONING A parcel of land being all the SE1/4 of the NW1/4, of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at a 5/8 inch rebar monument making the southeast corner of the NW1/4 of said Section 15 (C1/4 Corner), thence along the south line of said SE1/4 of the NW1/4, 1) N.89°14'48"W. 1322.78 feet to a 5/8 inch rebar marking the southwest corner of said SE1/4 of the NW1/4 (CW1/16 Corner); thence, leaving said south line and along the west line of said SE1/4 of the NW1/4, 2) N.00°39'56"E. 1328.79 feet to an aluminum cap marking the northwest corner said SE1/4 of the NW1/4 (NW1/16 Corner), thence, leaving said west line and along the north line of said SE1/4 of the NW1/4, 3) S.8901514"E. 1321.49 feet to the east line of said SE1/4 of the NW1/4, thence along the east line, 4) S.00°36'37"W. 1328.96 feet to the POINT Of BEGINNING. CONTAINING: 40.33 acres, more or less. SUBJECT TO: Record Documents. Attached hereto is "EXHIBIT SKETCH — R-15 ZONING" and by this reference made a part hereof. v � a 137 G �o 90®o°f MA 1 332 N. Broadmore Way Nampa, ID 83687 1 P:208.442.6300 1 to-engineers.com T-O ENGINEERS Project No: 190580 Date: December 16, 2021 Page 1 of 1 MERIDIAN 118 C-C ZONING A parcel of land located in a portion of the NW1/4 of the SE1/4 of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: BEGINNING at The Center East 1/16 Corner of said Section 15, from which the Center 1/4 Corner of said Section bears N.89°14'39"W., 1321.43 feet;thence,along the east boundary of said NW1/4 of the SE1/4, A) S.00033'33"W.,419.50 feet to the POINT OF BEGINNING; thence continuing along said east boundary, 1) S.00°33'33"W., 121.49 feet;thence leaving said east boundary, 2) N.89014'39"W.,432.35 feet; thence, 3) N.06°13'49"E., 104.18 feet; thence, 4) N.88°20'35"E.,422.37 feet to the POINT OF BEGINNING. CONTAINING: 1.10 acres, more or less. *Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738, Official Records of Ada County, Idaho. 13765 g m� lz�`/Zto 4TF OF%D�� �e O'MALV 1 332 N. Broadmore Way Nampa, ID 83687 I P:208.442.6300 to-engineers,com m :E SLACK CAT ROAD j 0 m z m m m N00'39'32'"E 1095.79 N00'39'56"E 1328.79' Z —1 O ,P -n a ODcn z E2 � �' "=I -, `z RD co z — a "' cm z!� m 10 a w � m �' b N p z z - I , o m n 00 OD � - O Q1 N -p m Z Z m ,a Q, v a 540'36'37"W 1328.96' n a Z r r r r C 3(11 P W m IU m I N m C. 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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 . 1. .J William L. M. Nary, 'City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , A-224979 An Ordinance (11-2021 -0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Located in Portions of the Northeast '/4 of the Southwest '/4 and the Northwest '/4 of the Southeast '/4 and All of the Southeast '/4 of the Northwest '/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 C-C (Community Business) Zoning District in the Meridian City Codes 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 - AMENDED - VANGUARD VILLAGE SUBDIVISION - H-2021 -0081 PAGE 4 OF 3