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2022-10-04 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 04, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Edington Commons No. 1 Full Release of Emergency Access Easement 2. Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 1 3. Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 2 4. Timberline Subdivision No. 2 Water Main Easement No. 1 5. West Ada School District Central Academy Pedestrian Pathway Easement 6. Development Agreement (Centerville Subdivision H-2022-0046) Between the City of Meridian and Endurance Holdings, LLC (Owner); Viper Investments, LLC (Owner); and Challenger Development Inc. (Developer) for Property Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity Rd. 7. Development Agreement (Heron Village H-2021-0027) Between the City of Meridian and PPHC Heron Property LLC (Owner/Developer) and HHP Heron Property LLC (Owner/Developer) for Property Located at 51, 125, and 185 E. Blue Heron Ln. 8. Development Agreement (Pickleball Court Subdivision H-2022-0025) Between the City of Meridian and Gardner Homes Idaho, LLC for Property Located at 4050 W. McMillan Rd., at the Northeast Corner of N. Joy Street and W. McMillan Rd. 9. Approval of Sole Source purchase of Axon Fleet 3 In-Car Video/ALPR System by Axon Enterprise, Inc. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Mayor's Office: Housing Assistance Grant Program Recommendations Approved Motion to approve recommendation made by Councilman Borton, Seconded by Councilman Cavener. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 11. 2022 Impact Fee Study Presentation ADJOURNMENT 5:32 p.m. Meridian City Council Work Session October 4, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, October 4, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Brad Purser, Steve Siddoway, Tracy Basterrechea, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 4th, 2022, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We don't have any changes to consider, so I move adoption of the agenda as published. Bernt: Second. 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. Edington Commons No. 1 Full Release of Emergency Access Easement Meridian City Council Work Session October 4,2022 Page 2 of 21 2. Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 1 3. Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 2 4. Timberline Subdivision No. 2 Water Main Easement No. 1 5. West Ada School District Central Academy Pedestrian Pathway Easement 6. Development Agreement (Centerville Subdivision H-2022-0046) Between the City of Meridian and Endurance Holdings, LLC (Owner); Viper Investments, LLC (Owner); and Challenger Development Inc. (Developer) for Property Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity Rd. 7. Development Agreement (Heron Village H-2021-0027) Between the City of Meridian and PPHC Heron Property LLC (Owner/Developer) and HHP Heron Property LLC (Owner/Developer) for Property Located at 51, 125, and 185 E. Blue Heron Ln. 8. Development Agreement (Pickleball Court Subdivision H-2022-0025) Between the City of Meridian and Gardner Homes Idaho, LLC for Property Located at 4050 W. McMillan Rd., at the Northeast Corner of N. Joy Street and W. McMillan Rd. 9. Approval of Sole Source purchase of Axon Fleet 3 In-Car Video/ALPR System by Axon Enterprise, Inc. 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. Bernt: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. Meridian City Council Work Session October 4,2022 Page 3 of 21 MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 10. Mayor's Office: Housing Assistance Grant Program Recommendations Simison: So, with that we will move on to Item 10, Department/Commission Reports. First item up is regarding the housing assistance grant program recommendations. Mr. Miles. Miles: Good afternoon, Mayor and Council. Happy to be here. This should be relatively quick. This is in response to the emergency housing assistance program that Council recommended funding 250,000 of the ARPA funding to this project. So, we put out a bid, as the memo states in your packet, put out a request to proposed companies. We have had two submittals. I was looking around. The scoring committee, which is made up of a couple folks downstairs and, then, representative up in the Mayor's office, led by Dan Torres, our new economic development administrator, who will be reaching out to you all as well, just to introduce and say hello. But the scoring committee recommended that the entire of the funding be allocated to Jessie Tree based on their application, primarily due to their ability to allocate all of the funding towards direct assistance and not towards personnel or anything of that related nature. So, I think the memo is pretty straightforward. The recommendation is to approve the allocation or the recommendation to Jesse Tree for the entire 250,000 dollars and I will just stop there and take any questions that you have. Simison: Thank you, Mr. Miles. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just maybe a question for Dave -- maybe on behalf of the committee. Were there any -- is there any feedback that came from the committee or questions that arose to the process to maybe just give Council further thought or questions as we kind of evaluate how we want to move forward with housing attainment overall? Miles: Mr. Mayor, Councilman Cavener, no questions to my knowledge. Looking around I see Dan Torres just walked in from the scoring committee. But no questions directly towards how to solve housing assistance or emergency housing assistance beyond what this application was asking for, if that answers your question. Meridian City Council Work Session October 4,2022 Page 4 of 21 Cavener: And Mr. Mayor? Simison: Councilman Cavener. Cavener: Yeah. Dave, I think -- I mean it -- it -- it does and it doesn't. I mean I think that will probably maybe be an offline conversation with -- with Dan or committee members. I just want to make sure that after they have went through this process if they have got recommendations for us as the Council that there is an opportunity at a later point in time to provide that to us. Miles: Yeah. Mr. Mayor and Councilman Cavener -- and Dan's back there shaking his head yes. So, absolutely welcome those conversations and ongoing discussions around housing. Simison: Council, any additional questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Dave, thank you. I know that the groups that put together the application process -- that did the process and put the application together did their very best to -- to write questions that were expected, but wondering if there was anything that came up that the committee talked about that wasn't anticipated as part of the application process? Miles: Mr. Mayor, Council Woman Perreault -- and I will invite Dan up to speak directly about anything that he's aware of. I know the one question that came up during the recommendation period came from one of the applicants about potentially using some of their other funding to fund personnel expenses. That was contributed by the city through discussions. That was vetted out and not recommended because of that other program that was CDBG funds that were being asked about and so the -- the question was can we use CDBG funds to fund the personnel perspective of this component, which gets into too many -- crosses up too many wires and -- and wasn't recommended and wasn't supported. That was the one question I was aware of. Dan's coming up as well. Torres: Apologies for being a little bit late. No. Crystal Campbell did a great job formulating the questions and the committee was a little bit removed from the discussion with Council. So, we really relied on the questions and the scoring rubric trying to -- think the committee took into account Council's desire to bring these funds as soon as possible to address the -- the need and so when it came down to it, both were strong candidates. Jesse Tree was able -- in their application was able to bring the money to bear sooner in the first quarter of the -- the -- the application and, then, like -- like Dave said, they didn't have any administration costs on it. The concern -- or the request to use those funds for admin fees came after the committee had scored, which in retrospect probably wasn't the greatest communication on their part, but both had strong applications. Jesse Tree also had a more targeted approach, which was for that rent Meridian City Council Work Session October 4,2022 Page 5 of 21 assistance, whereas the Ada County Housing Authority had indicated they might use it for a couple other approved, but not what Council wanted, objectives. Simison: Council, any additional questions for staff? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We are able to make a motion on this tonight if Council would like to proceed. If there are no further questions. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I will make that motion that we accept the recommendation for the grant as proposed, allocating 250,000 dollars of ARPA funds to the Jesse Tree. Cavener: Second. Simison: I have a motion and a second. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the motion is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Miles: Thanks. 11. 2022 Impact Fee Study Presentation Simison: Thank you, Dave, Dan and the committee, Councilman Hoaglun, that all worked on that item. Next item up No. 11 is the 2022 impact fee study presentation and we will turn this over to Mr. Lavoie. Lavoie: Mr. Member -- Mr. Member. Geez. Mr. Mayor, Members of the Council, again, appreciate you allowing us to present to you the latest impact fee study for your consideration. We do have our consultant Dwayne Guthrie online. He is going to present to you a PowerPoint presentation. I think it's about 12 slides. We provided you the impact fee study in draft version to date. So, that's where it's currently sitting right now. We do have three committee members here today also to assist with any questions that you may have today for the impact fee study that we present to you and this is an informational presentation to you to bring you up to speed of where we are today with the latest numbers and calculations for the study. We do ask that you ask us questions either today, tomorrow, next few days. Again, we want to make sure that you are informed and we get all your answers -- questions answered before we have the public hearing, which we will work with you on what that schedule looks like, because we need you to make sure you Meridian City Council Work Session October 4,2022 Page 6 of 21 are comfortable with the information we are providing. So, I'm going to hand this off to Dwayne, the consultant. We hired him to conduct this study on behalf of the City of Meridian and with that I'm going to hand it off to Dwayne. But, again, you have three committee members here if you want to hear from any of them. Myself I'm happy to answer any questions as well. But for the time being I will hand it off to Dwayne and, then, we will engage any questions at that time. Appreciate it. Guthrie: Council Members, this is Dwayne Guthrie. I want to run through some slides, like Todd mentioned. If you have any questions this is supposed to be a dialogue of trying to help you guys answer questions, build consensus, so, please, interrupt and we will try to do that as we go through. I'm going to share my screen. Let me know when you can see that. Did they show up? Lavoie: Dwayne, go ahead. You are good. Thank you. Guthrie: Okay. So, as Todd mentioned, we have to do regular updates in Idaho by -- according to state law. But staff actually wanted to accelerate that schedule a little bit, because of two main reasons. For one thing your growth has been faster since 2019 than we anticipated when we did the previous study. We have added several thousand more housing units than what's projected. So, that -- that was one of the main reasons. The land use assumptions that we were using in this study are shown on the --the graph here. So, you can see the increase in projected population and housing units and, then, the more linear kind of projected increase in jobs and nonresidential square feet. On each one of my slides there will be a box like this showing where this graphic is in the report if you want to follow along. This is actually in the back in Appendix A. So, we document all the land use functions, all the numbers and the demographic data used in the study and that's in the back. The second major reason for our update is that capital costs have increased significantly. So, this next slide kind of goes into that. It's a lot of numbers here, but, basically, all of these -- every row that you see here is -- is documented by separate tables and narrative in the study itself. It's about a 40 page document if you had time to flip through that. But, basically, we are doing impact fees for three things. In green you will see the park and recreation improvements. In blue we have police, which we are just focusing on buildings. And, then, for fire we have both buildings and rolling stock and all the communications, radio equipment, everything like that that goes along with it. The main reason is we don't have vehicles for the police is that state law prohibits things that don't have a useful life. It's long enough to be considered a capital item. So, police cars turn over too quick and so that's why they are excluded from the study. So, on --just kind of looking at the numbers, you will see in the infrastructure columns right here, these first three columns, you will kind of -- you can eyeball what the standards were back in 2019 versus 2022 and how we measure those standards or quantitative basis for each one of those and most of them you will see that the standards have actually increased slightly over time. You made some major improvements to fire buildings and police buildings over the last couple years and you have also made and had acquired an additional recreation center that--that increased those standards. One of the things that's a little different from the last study is on -- we have added park land as a specific cost component. There was a small -- as you see from this footnote, a small component in the 2019 study, but back Meridian City Council Work Session October 4,2022 Page 7 of 21 then it was only one percent of the total and we didn't really document a standard, because there was only one specific capital project to acquire a site. Now we went ahead and documented in the '22 study a standard for land, which is about 3.14 acres per thousand residents and a cost factor, which these are over here, and with those two things the land -- new sites to be acquired with impact fees now account for about 26 percent of the gross cost for Parks and Recreation. So, that's one of the major reasons for the significant increase in the proposed fees. These columns over here -- these three show cost factors from 2019 to 2022. Park improvements have gone up to about 411 ,000 per acre to acquire park sites. We are estimating 150,000 per acre. Recreation centers. This -- last time was a very conservative estimate. Now would have a much better analysis of what the future recreation centers are likely to cost. So, it's 670 dollars per square foot of building. Lease building is about the same price, 660 dollars per square foot. Buyer buildings are higher, 864 dollars a square foot. And, then, you see that -- that small increase is in the cost of rolling stock and communications and equipment down at the bottom. So, one of the things the committee members requested this time is we -- that we put in ratios of comparing cost or quantities in 2022 versus the 2019 and so it's more like a multiplier. So, for instance, on park improvements, the cost now are like 1.7 times as much as they were back in 2019 and, then, kind of see the relative increases in cost. So, significant amount increases for parks. Kind of middle of the pack for fire down at the bottom and, then, also a big increase -- almost two times over the cost back in 2019 for police. A lot of details there. Does anybody have any questions or just basically kind of get an idea of the -- what we -- what we did and any questions before we proceed into the actual fees? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Appreciate these figures. They are mind blowing, to be honest with you. Not too terribly surprising, but just crazy. It looks like, you know, the cost factor to build these -- these facilities and -- you know, whether it's park -- whether they are improvements, land, buildings, apparatuses, what happens -- obviously right now the cost to construct and to buy is high. Give -- and because of that, you know, these are some of the mitigating factors that are making these impact fees go up. What happens in a year or two or three when potentially costs come down and --what does that look like to our property tax -- or, excuse me, what does that look like with those who are building and developing? Guthrie: Well, basically, you could do what -- like we did this time, is you could up -- update the study for sure or you could just approve a different fee schedule and lower the amount if you had documentation that the -- the fees have actually gone down. I think the safe -- the -- the costs have actually gone down. I think the safer thing to do would be to actually update the study. Todd and staff can probably jump in and kind of give you a feel for the -- how reasonable it is for the cost to go down. They might plateau and hopefully not go up, but I don't know about going down. If some of your department heads want to chime in on that amount welcome their input. Meridian City Council Work Session October 4,2022 Page 8 of 21 Bernt: I mean with all due respect -- Simison: Councilman Bernt. Bernt: -- I -- I come from the building industry and -- and right now costs aren't going up as -- nearly as much as they were in the past. They are -- I'm not going to say they are plateauing, but they certainly -- at least in my business I'm not getting price increases on a weekly, monthly, you know, basis like I was in -- in the past and my fear is that -- I don't want to overcharge or--you know, the developers and those who are, you know, investing in our city. Guthrie: And I totally understand that. I know that, for instance, on lumber -- lumber spiked dramatically and is now, you know, come down quite a bit. Bernt: Right. Guthrie: So, that's one of the reasons why we want to kind of go over this with everybody and present it and make sure that we are on the right path. So, appreciate that input. Bernt: Okay. I will be quiet. Simison: And, Councilman, I think that this is one of the things that we have talked about doing is updating this every two years, partially for that reason alone, is due to the changing nature. I think what -- Todd, are we three -- three years right now since the last one we did? So, we -- you know, that could be one thing we do if we feel like it's -- if we want to stay on top of the changes in the market as consideration. Any other questions at this time from Council? Guthrie: Okay. I'm going to run through a couple slides now for each one. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sorry about that. Just wondering if there is an average based on geographic region or nationally for the unit -- for the unit figures. So, how much are there cities spending per person or per acre in relationship to what we are doing or what we have set aside and is there a range that we should be in? Simison: Are you asking what other cities currently charge for their impact fees? Perreault: No. So, on the chart here on the screen where it's -- under infrastructure standard and there is a ratio for how many acres per thousand residents, how many square feet per person, and I'm wondering if there is a range which we should fall in for our city size. So, are other cities spending 75 cents -- or, excuse me, 70 per square foot per person in other areas? Is there a range that we should be failing in? Meridian City Council Work Session October 4,2022 Page 9 of 21 Lavoie: Mr. Mayor, Jessica, again, I will default this to Dwayne, but, Dwayne, I think you -- we could say that every agency and every city and municipality has its own drivers and own goals of what they want to have as a level of service calculation. Would you say that -- that statement or would you say that there is a municipality average acceptable level of service calc that we should all be following? Guthrie: Not only national or even regional kind of standards. Basically each city is required to document their own standards and their own costs and so that's why you have to have a -- a custom study like this that is accepted kind of legal practice to show the need for your community, how the fee payers are going to benefit in your community. So, that's tied to specific capital improvement programs and, then, making sure that the fees are proportionate, which is largely due to the demographics and characteristics of your community. So, that's part of the reason why -- why you have to have individual studies for everybody. You could do some comparisons for the likes of Boise metro area, but, then, it would probably be easiest to compare the bottom line kind of fee amounts, not dive down into the details. Everybody is going to have a different way of doing their studies. Simison: Council, any additional questions at this point? Go ahead and continue, Dwayne. Guthrie: Okay. So, here is the summary chart showing the methods and the cost components. So, Parks and Recreation is a citywide fee. It includes improvements to parks or outdoor kind of things, like ball fields, soccer fields, those kinds of things. The actual land for the parks and, then, recreation centers. It's all allocated to residential. The next two for police and fire are allocated to both residential and nonresidential. They are both done on a citywide basis. Like I mentioned before, we only are doing police buildings. We use functional population, which has to do with people that live and work in the City of Meridian and also the commuting patterns for your community and, then, the police fees are allocated based on inbound vehicle trips to nonresidential development and population on the residential side. Fire fees are similar, but we use population and jobs to do the cost allocation and, like I mentioned before, we are doing rolling stock, communications, and equipment for the fire facilities. So, here is the capital plan for police over the next ten years, mainly focusing on one big training center phase three addition. Approximately 17,000 square feet at a cost of 11.2 million dollars. That's actually a little bit larger expenditure than we documented in the study as the growth cost due to the increase in population and -- and jobs in your community or nonresidential development. So, the study only documents a need of nine million dollars to maintain your current level of service. So, on this one there are going to have to be approximately two million dollars of additional funding besides impact fees to pay for that improvement. Here is the table summarizing the fee calculations. So, what I just mentioned at the top was there --what we can document is the need for police buildings, approximately 13,745 square feet increase. There is the cost factor we talked about and the amount. This is the amount for me doing the study. They are allocated to each one of the fees. Here is the -- a cost allocation. Residential is paying 72 percent. Nonresidential 98 percent. And, then, we derive a cost per service unit. So, in this it's residential, it's persons, and for Meridian City Council Work Session October 4,2022 Page 10 of 21 nonresidential it's vehicle trips and, then, here is the as proposed fees down at the bottom. It's residential or by size thresholds. So, you can see the proposed fee is in this blue column. The current fee. The increase, which is from 134 dollars for the smaller size unit up to 365 dollars or the largest size unit. And, then, the ratio of it -- the increase, comparing the proposed to the current. So, it's about a three time increase. But they are small -- the current fees are very small, so it's -- you know, the actual dollar amounts are one -- one to three dollars, roughly, per unit. On commercial we have two categories. I mean nonresidential we have two categories. Restaurant and retail is a higher fee and, then, all other nonresidential services, offices, those type of things fall into that other category. So, the current fees are less than a dollar per square foot. The new fee increases to $1.23 for commercial and you can see the increases. Again, they are very small numbers per square foot, so the -- the multipliers are pretty high. But the fees are still $1.23 per square foot on commercial and 19 cents per square foot for all other. Any questions on police before we go on? Down to fire. We went through and documented the level of service standards and, then, this is the capital plan that we are looking at. At the top is kind of a summary of what's needed versus what's planned. So, we are -- we are matching up on the buildings. The apparatus -- apparatus and equipment. We need about 3.6 million dollars to maintain your current level of service. We are planning to spend roughly 6.6 million dollars. So, you can see the annual expenditures here. We are adding vehicles, radios, ladder truck, monitors. We are designing a new station and, then, constructing it and, then, we are having some more equipment down here with, you know, extraction tools, thermal imaging cameras. Another ladder truck. Breathing apparatus. So, you can kind of see all the specific expenditures anticipated over the next ten years. And, then, at the end we are designing another building and expanding our designing expansions to buildings and expanding those buildings. So, a total capital program of 25.4 million dollars. The growth need is about 22.4 million. So, on this one, again, there is a little bit of a need for outside revenue or additional revenue besides impact fees. Here is the draft fee calculations for fire. So, at the top of the summary is the capital program that I just mentioned. That's 22.4 million dollars. Same allocation to residential and nonresidential. The costs -- come up with the cost per service unit and, then, the proposed fees are shown in this light orange kind of shading in the column here. On these you can see the increases are higher for residential, more like 212 dollars for the lowest, smallest size threshold, up to 530 dollars per unit for the largest size threshold. And, then, the increases for nonresidential and the -- you know, less than a dollar per square foot to come up with a similar kind of fees order of magnitude is the police, fire -- as the -- as the police fees are for nonresidential and, then, the final column on the far right are the multipliers. So, roughly, you know, 1.6 to 1.8 time multiplier or increase over the current amount for residential and roughly twice as much for commercial. But, again, those very small dollar amount per square foot. Any questions on the fire capital program or the draft fees? All right. Last one. Parks and Recreation. Their capital plan is kind of summarized up there at the top. We are looking at improving some sites. So, the needed amount and the planned amount -- they are lumpy, because, you know, we have big -- big parks, large acreage and so some of those are just adding an additional phase or additional improvements to some of these parks that are already partially complete. We are acquiring new sites, 120 acres over the next ten years and, then, looking at expanding recreation buildings by 22,800 square feet. So, kind of see the color to help differentiate Meridian City Council Work Session October 4,2022 Page 11 of 21 the projects. But, basically, design and, then, you build something in the next year. So, we are starting off with Parks and Recreation building. The next big project would be Graycliff Park and, then, we go to west regional and, then, Discovery Park phase three and, then, down at the bottom Margaret Aldape and, then, we end up with just a line item at the bottom over the next ten years showing the acquisition of the -- of the 120 acres. And so that's a huge component of the -- of the capital program just for land itself, 18 million dollars. So, in Parks and Recreation we are looking at a program of 71 million -- or 71.6 million dollars. The impact fees should bring in about 66.8 million dollars. So, there will be a need for several million in additional outside funding to complete the capital program. And so here is the draft fee calculations for parks. We have got the three components that I mentioned, adding sites and doing improvements to the sites and, then, recreation buildings. So, there was a -- Parks and Recreation is working very hard to get things under contract and basically get rid of this fund balance, but we weren't quite able to --to wrap that up. So, there are the -- zero that out. So, there are -- is 2.3 million dollar fund balance that we took out of the fee calculations to bring that cost down a little bit and, then, we allocate all those costs to the increase in population over the next ten years and, then, you can see the proposed fees here, the current fees and the increases. So, the increases for Parks and Recreation are much larger per housing unit, 1,165 dollars at the -- for the smallest size unit, an increase of almost 3,097 dollars for the largest size threshold and the ratios here about two and a half times -- 2.2 to two and a half time increase over what they were in 2019. Any questions on parks before we wrap up? I have one summary slide that puts all the three fees together. Okay. Well, here is the the grand total, then, of the draft fees for the -- each of the fees that we walk through you can see the relative amount there and how much they contribute to the total. Here is the 2019 total. So, we are looking at a significant increase column here of 1,511 dollars for the smallest unit, up to 3,992 dollars for the largest size threshold. Multipliers for residential are in the range of two to 2.4 times as much as they were back in 2019 and, then, the increases for nonresidential 69 cents a square foot for all other types of nonresidential. $1.64 square foot for restaurants and retail. So, those multipliers are roughly two and a half to 2.86 times the amount from the 2019. So, that concludes my presentation. Be glad to answer any other questions or we can get input from the committee members or department heads if they need to help clarify things. Simison: Thank you, Dwayne. Council, any questions for Dwayne at this time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Dwayne, appreciate you walking us through the slides. I guess I have got kind of a holistic question. Since we have last done one of these studies, the city has brought on a golf course, as well as a swimming pool, and I'm just curious did those additions have any impact in terms of what our future impact fees could be and what ultimately drives that? Meridian City Council Work Session October 4,2022 Page 12 of 21 Guthrie: Well, it's a combination of things and, then, they are kind of complicated. Basically those are kind of unique things and we have to decide whether the city wants like an additional pool. That's a huge operating and maintenance cost. You know, that's a very big commitment to commit to do that. The impact fees are just going to pay for the capital side of things. They cannot help out with any operating and maintenance costs, just like, you know, we can't pay for public safety officers. We can't pay for maintaining the pool and operating it and things like that. So, we thought that the -- I think staff can help clarify, you know, kind of the thinking on that, but one big concern was are we willing to -- or do we want to add another pool or not at this time with the other increases and I think the -- kind of the consensus was it wasn't a good idea. Also same thing with golf course. It's kind of a -- a different animal than, you know, like a traditional park with ball fields and basketball courts and those kind of things. So, it probably should be its own separate category. A lot of communities -- it gets complicated on how you operate those things, because a lot of times they are done as an enterprise operation, you know, like their own cost control center, almost like a utility might be, and so that's another consideration. How does that affect the fees or not. So, basically, the pool and the golf courses are not in -- in the proposed amount and not driving the proposed amount. Lavoie: Mr. Mayor? Simison: Mr. Lavoie. Lavoie: Thank you. Dwayne, just to double check to answer Luke's question about the impact or the influence that the pool and the golf course have, again, the -- the actual pool and the actual golf course did not have an impact on the cost of -- our level of service calcs, but I believe on the park side we did add the pool's opportunity of the building square footage space into our calculations, which did help the city. I believe that's on page eight of the impact fee study. We did actually add that available space, because we did figure that that's available to our public for normal day and use. But the pool, the water facility itself and the actual green golf course, I agree with you, Dwayne, that did not influence the calculations of level of service. Am I wrong -- right or wrong with that statement? Guthrie: You are right. And that is on page eight. I'm looking at it now. It's figure PR3. So, the -- the new community center that you acquired was one of the reasons why the level of service went up from last time and that is in there. The building, not the -- not the pool. Cavener: Thanks, Todd. Thank you, Dwayne. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have a question about the square foot ranges that were used and the expectation that the largest range would come from homes built between 2,500 and 3,300 Meridian City Council Work Session October 4,2022 Page 13 of 21 square feet and that that data was from the assessor from 2014 to 2018. Obviously, that's information that's even older than our last impact fee study. So, I'm wondering if there was a way to get more recent information, either from our Planning Department on the sizes that have been -- sizes of single family that have been approved in the last four years. My expectation is that that -- it's -- it's more along the 1,700 to 2,500 foot range and I have concerns that -- that -- that using that -- that square footage range is -- is not accurate. Guthrie: Well, over time the -- the -- the market doesn't vary that much. There are some slight, you know, fluctuations on the average size of units over time. Basically homes have gotten bigger over time. Everybody's kind of aware of that. We didn't think it would be that much variation from the -- from the previous study for the size ranges. We did look -- ask staff to get us data from the actual fees for two complete years and we looked at where the -- it's kind of a -- more or less a bell shape kind of curve. Like you said, the middle of the pack range of 1,700 and 2,500 is where most all the units were at and, then, the -- the bell shaped curve kind of falls off on both the small units and the larger units. So, I don't have those actual percentages in front of me, but you are right, most of the -- most of the units are in that mid range. We did make some slight adjustments to the smaller size thresholds, because we weren't capturing very many units and those we try to kind of balance out the -- the bell shape curve and -- but it really didn't affect the fee calculations, because everything -- like on the residential fees are -- are calculated per person based on the population of the city and so this allocation, just what is done based on the demographic analysis of the average number of people on the different size threshold. So, it didn't change -- wouldn't change the dollar amount, it just would change kind of the relative payment for the size thresholds. I mean it doesn't change the revenue to be collected, the total revenues received, it just affects the -- you know, the amount paid from the top end to the lower. Simison: Council, additional questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: All of this data extremely interesting. Certainly find it interesting. The question that follows is, you know, this -- this sets the statutorily permissible cap, like the maximum amount of impact fees in these categories that we could choose to assess on our new development. Did the committee's work include any recommendation -- understanding this is the maxim allowed for the Council to consider when implementing new fees? Lavoie: Mr. Mayor, Joe, I can answer that and we also do have three members here to answer that for you as well. That topic was discussed. We did consider a staging plan, a spread -- a smoothing plan and at the end of the conversations the committee decided to present to you the numbers that you have in front of you. We felt that since -- if we are going to do this on an every two to three year basis, a smoothing plan would be -- I guess Meridian City Council Work Session October 4,2022 Page 14 of 21 would not work, because, then, you would just be removing the plan after two to three years. Borton: Right. Lavoie: So, this discussion was had. You do have three committee members if you wish to talk to them or if any of the three committee members wishes to give a comment, but that discussion was had was there a staging plan or a rollout plan. At this moment in time the committee has presented to you what they believe is in the best interest of the city. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's a great point, Todd. The -- the more compressed visit to the impact fees helps. I know in previous years we have taken partial increases, knowing that we could bring it in overtime. But, really, it's just -- when we get to that decision it's a policy consideration that any decision to -- to apply less than what's been presented today is a policy decision of not having growth pay for itself, but having existing taxpayers pick up a growth related expense. So, that is the crystal clear tradeoff policy consideration if we were to choose to take anything less than what the presentation today says is the actual growth related costs. So, I appreciate that input. Simison: And, Todd, just out of -- in case you have it, do we know how many of the past ones we have not taken the full amount? Lavoie: Mr. Mayor, I don't recall off the top of my head, but I think at least the last -- the last one in 2019 we -- you -- the Council did ask us to do a revised version of it. I think the version before that we had maybe one year we did a staged effect back -- I would have to go back and find the exact numbers. I apologize. Simison: Yeah. I don't -- I mean Councilman Borton brings up the point and I'm trying to remember my years as staff to see how many times they chose to take the full one versus not and what those numbers have been. I know I asked you to run some calculations based upon comparing the impact fee to the residential value over the years and -- and this -- this would far exceed any number of percentage of value in homes. 2011 was the year that we were at one point -- 1.1 percent of the value with our impact fee and this would put us at 1.19. We have been as low as .59 and we have had an average of .82. So, I think that there is a -- a wide variety of, you know, looking at this and approaches the previous councils have taken. So, I think it's a -- it is a great conversation for some dogs to figure out for us, as the case may be. But it -- yes, how much of growth should pay for growth versus other. Great policy conversation. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session October 4,2022 Page 15 of 21 Perreault: So, I wasn't on Council when the last impact fee study was discussed and approved. I want to understand the implementation of the information, the differences between what is estimated in the CFP and what the study says we would generate for revenue. Is there an expectation that the General Fund -- again, another policy question -- that the General Fund would bridge that gap or that the CFP would be -- the departments would adjust the CFP and potentially remove some of the items that were -- that were expected to have complete -- or a combination and how did that potentially change from what was expected in 2019 to what was actually done in the last three years? Lavoie: Mr. Mayor, Jessica, I can answer that for you. So, when we last presented to you in 2018-2019, the study did represent that there was going to be a shortfall that was going to be covered by the General Fund and when we do our annual CFP we calculate the expected revenues and the expected fund balances and over the past three to four years, as we have reported, the General Fund has had excess revenues. So, therefore, the excess revenues have been our -- I guess our fail safe to make sure that the impact fees and the projects in there are fundable. But, again, this is something we do every year with the CFP balancing act and the annualized budget process. We make sure we have the funds available for all projects and if the project is inside the impact fee study it's not guaranteed, it's just, you know, it's our guide and we do this every two to three years. So, therefore, we can't really get too far behind the eight ball on this, because we are always addressing the capital needs and our fund -- our funding needs on a two to three year basis. So, I think that's our protection is we just touch this so many times every year and every three years with the study update. So, I believe that's how we protect ourselves. If you didn't do this for every five years, then, I can see your concern that, hey, there is a shortfall, there is no funding, but I think since we manage this to the level that we do we are able to protect ourselves from any funding shortfalls. Perreault: Mr. Mayor, one more question in that regard. Simison: Council Woman Perreault. Perreault: I haven't recently looked at the 2019 impact study. What -- what was the difference between what was estimated for revenues and what was estimated for the CFP at that time and what actually played out? So, in this situation, 2020, the fire department -- General Fund would fund approximately three million -- three million dollars difference. What was -- what was quoted in 2019 and what was the actual difference in -- in what has -- I realized that -- realizing that the Parks Department still has some funds to be used, but fire and police have used all of theirs. So, how far off were we in the 2019 study from what was actually spent? Lavoie: Sure. Mr. Mayor, Jessica, the answer -- I don't have that data at my fingertips, but we can inform you that the -- as an example -- so, we are building a ten year plan here. The impact fee is a ten year model that we are presenting to you. In the 2019 model that represented you had two fire stations spread over ten years. In ten years we would collect the funds necessary to build the two stations. But in previous conversations the Council and the executive members have decided to expedite the second station. So, Meridian City Council Work Session October 4,2022 Page 16 of 21 therefore, what we had in the model is really a moot point now, because we have deviated from the model from that standpoint. So, to say did we collect enough revenues to cover the expenditures that we identified in the 2019 study, I could say yes and no at the same time, because we changed the approach to what our timing was on the construction of those two stations as an example. But to answer your question, I would have to run an analysis to show you exactly for every single year this is what we expect in revenue and this is what we show. No different than what we do in the impact fee study from a proposal. I can -- I just have not done that from an actual analysis to show you the variance of what we guessed and what we actually saw. My guess is we are going to have more revenues than we expected, because permit sales are exceeding what we believe. I mean this year alone we have done 1,500 multi-family permits, which we had no -- we weren't -- we had 500 as our projection. So, again, things like that the -- the -- the construction here is still exceeding our growth projections in our modeling. But, again, I am happy to do that, I just don't have the exact answers for you at my fingertips. Perreault: Thank you. Simison: And just to piggyback on that a little bit, the -- I think one of the things is we do use more General Fund. It helps with our level of service, which actually can put more into what the impact fee should be for the future. I'm not going to say that's what happened this time around, but that could be an outcome that happened that does result into what the impact fee is, but it still comes down to a policy decision about how Council wants to collect for growth and what -- at what percentage. Councilman Hoaglun? Hoaglun: Mr. Mayor, just -- just a comment about this. I appreciate the work that Todd and -- and Dwayne and your firm put into this, because these -- these are -- and, then, the committee. These are important numbers and, yes, it is a little bit of crystal ball looking in the future and as you pointed out, Todd, you know, collecting over ten years and, then, we move things and have to do things quicker. You know, it-- it -- it makes it complicated, but it does allow growth to pay for the vast majority of things that -- that we need that growth requires and so that's where we want to be and we want to be doing it the right way, of course, within the state statutes and we don't want to run afoul of that. So, just appreciate all the effort that goes into this and the work and -- and, then, I guess from -- we will take it from there. Simison: And I think one of the reasons why I want to make sure before we notice, the Council heard this information. If there is any desire by Council at this point in time to notice something less than what is being recommended by the Committee for your public hearing, to have that conversation now. Otherwise, notice of what's been recommended by the committee and, then, you can, obviously, take the public feedback before you make any determination. But I consider this a little bit like the budget. You know, no more -- you got to put -- you can't go -- you shouldn't go up once you notice something else. I'm not saying you couldn't if you decide not to do it, but, you know, what number would you like noticed to the community for public hearing. Borton: Mr. Mayor? Meridian City Council Work Session October 4,2022 Page 17 of 21 Simison: Councilman Borton. Borton: My perspective is it clearly needs to be what's presented. It needs to be the maximum. I think it -- it accurately identifies the true capital cost of -- of growth in order to maintain the level of service. That's what the public at least needs to be informed of and we should hear feedback based upon that. That would be my recommendation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I -- I agree with that approach. I -- I think we do have to look at it as growth paying for its way. Are there repercussions to that in terms of affordability and things like that that we have talked about? Yes. But at the same time I -- I think we need to present it to the public saying, okay, this is what we are looking at and let them provide us their insights on -- on what that does and whatnot and -- and see what the tradeoffs are. But I agree with Councilman Borton. Simison: Anybody disagree? Okay. I'm seeing no one who disagrees with that. So, I think, Todd, that gives you the direction for noticing -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sorry about that. Not necessarily disagreement. I just want to -- to get some clarity. The first building that was in the study, it -- I don't -- I don't see that as being something that's -- that's caused by growth. That -- that's just caused by growth. I see that as something that really is a benefit -- not just a benefit, but that is -- has been a long time coming far before any of the new -- new residents that would purchase a property or new commercial buildings that would be built in the next ten years and so that being said, it's unlike the police and fire stations that really are truly a result of having an increased population and so in that regard I just have concern that our future residents are paying for something that is not just caused purely by an increase in our population -- the need for it is not caused purely by an increase in our population. So, I don't know exactly -- I'm just throwing that out there. I'm not saying that -- that -- that I have made a determination in terms of, you know, the increase in fees per unit, but that's just something I -- I would like to chew on some more. Simison: Would the chief like to come up and at least -- I -- I have had similar questions and his answers have satisfied for me, but we will see if they do it for you. Basterrechea: Thank you, Mayor Simison, Members of the Council. So, this facility actually is pretty much totally driven by growth. What we are looking at doing is remove -- putting in our locker rooms to create more space in our main campus, so that as we hire more officers we are able to keep that main campus viable and this is one of those Meridian City Council Work Session October 4,2022 Page 18 of 21 things that does that, as well as provides briefing space for our officers in that main campus as well and may, hopefully, our plan is to potentially avoid having to build a south precinct, because the location for where the south precinct where we were looking at is only approximately seven miles away from our main campus. So, rather than add that additional cost, we think that we can do that by building this facility on our main campus. Simison: It's a little less than seven miles. Basterrechea: A little less than seven. Simison: Yeah. But -- anyway, just -- I don't know if there is more questions. It is -- I -- I would describe it more as space for officers than other purposes based on our conversation anyways. Basterrechea: The reason it's mentioned as the third phase of the training facility is because it is on the campus of the training facility right there. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I apologize if I misspoke. I was referring to the 22,000 square foot parks building that's -- Simison: Oh. Okay. Perreault: Yeah. Not the -- the -- Simison: Okay. Perreault: Yeah. Simison: He's coming up next. There you go. Perreault: But that was very good information. Siddoway: I was happy to let Tracy, you know, speak -- speak for me, but -- so, I can see the -- why you would say that there is already a need for a community center with the existing population. What we are doing in the impact fee study, though, is determining what the growth eligible square footage of new building is and with the existing buildings that we have, primarily at HomeCourt and the existing community center and, then, the -- the space that was already mentioned at the pool, it makes the -- the eligible square footage for future growth, that 22,000 square feet. Now, if Council decides that, you know, we want half of that community center to come from General Fund, because it meets existing population needs, it would -- it would free up that much building impact fee for other buildings, whether it's a future satellite community center ten years out or -- I mean Meridian City Council Work Session October 4,2022 Page 19 of 21 who knows what. I don't have specific designs on that -- or an expansion of the maintenance facility. I mean those kind of buildings could come into play. But what this does show is the full community center is at least impact fee eligible. Beyond that the Council can decide policy wise how much they want funded by impact fee versus General Fund versus whatever. But the full square footage is at least impact fee eligible. Does that answer? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Yes, it does. And perhaps I misunderstood the question, but I thought the question was -- not so much which is being funded by General Fund or which is being funded by impact fees, but it's more of does the city collect all of the impact -- the eligible impact fees and so that's -- it's really more about do we collect this full amount per unit and so to -- to Mr. Siddoway's point, you know, let's say that we do decide that we are only going to use half of the impact fees collected for the community center and the other half comes from the General Fund, well, then, if you collect the full amount that's estimated for the next ten years, then, you know, perhaps that will go toward a future building for the Parks and Recreation that we haven't yet anticipated, but is that -- I guess I'm just trying to understand the fairness element to the folks who currently live in our community versus the ones who will, who -- who will cover that cost in the next ten years. So, forgive me for my simple questions, but this is my first go around with this back to the conversation. Siddoway: Mr. Mayor, for me part of the fairness element comes from the fact that we don't wait ten years to redo the -- the -- the study. It will be recalculated in that three'ish year horizon. You know, one of the struggles -- I will just point out now, because it will save me this -- you know, it won't -- probably won't save me from having this conversation with you three years from now, but let's -- you know, with the rapid repeat of the -- of the impact fee studies, it is difficult for us to build major facilities in that time frame. So, for just looking at parks as a lone element in that, you know, if we can't build the next major park in the next three years -- and I'm telling you right now we probably won't given that we will be focused on the community center as our next major project, our acres per thousand will likely come down in the next study if-- so, it's just a -- and that's part of why we --you know, we held off this year, so we could get Discovery Park phase two underway as -- as part of this impact fee studies calculation, so -- but the fairness comes in the fact that it is redone regularly and I think one last kind of related point I would like to make, just because I have done a lot of thinking about the impact fees myself, oh, recently is the question that was asked earlier about, you know, how much more did we make from the 2019 study than was calculated. My take on that was we didn't make a penny more, it just came in faster. You know, the amount came in exactly at the rate per unit as was adopted, but the units came in faster than projected. So, it did -- it did come in faster, but it was still the -- the exact dollars per unit that were projected. So, with that thank you. Meridian City Council Work Session October 4,2022 Page 20 of 21 Simison: And, Todd, I guess a -- a question for you. I assume that the committee could choose to only look at certain elements of the impact fee in future years. If we didn't want to change the park and we only wanted to reevaluate fire and police, for example, are those options that-- that can be considered or are you required to do them all at the same time and update them all at the same appropriate --just out of curiosity. Lavoie: Mr. Mayor, good question. I'm going to see if Dwayne -- or maybe even Bill -- you guys might know the answer to this. I -- I'm thinking you have to open up the whole study and do the whole thing. Dwayne, do you have any guidance? Have you done a partial study opening in the past? Guthrie: Usually you go ahead and do all the fees just because the demographics change, your projected rates of development change and things like that. So, all those kind of basically denominators in your formulas all get adjusted. So, usually go ahead and do all the fees. The state requires you to do an update at least every five years, so you couldn't go longer than that. But you -- I think that there is good wisdom in doing it every two to three years. I'm sure it comes across as the consultants make work kind of thing, but it -- it is kind of a necessary component, because you do have to show the fees are needed and they are benefiting folks and they are really proportionate. So, you just can't, you know, look around at other communities and charge what they are charging. You have to kind of go through the documentation for your specific community. Simison: So, maybe that's a question we can at least explore to know the answer. I'm not saying it's the right one. I just think it's a -- if it's relative to the situation of impacts the things that take longer to build because we are updating what that -- what we would want to do or not in the future. Just so we have an understanding -- or Council has an understanding. Council, any additional questions or comments? Okay. Well, then, we will --you will be seeing this noticed and brought back for public hearing. Do -- Mr. Lavoie, do we have a date set that you plan on doing this for public hearing? Lavoie: Mr. Mayor, if we can notice this in two weeks we will work with Legal to make sure we are meeting the requirements. We will work with the City Clerk to make sure we are meeting the noticing requirements. We will follow the earliest Tuesday we can find that is available on everyone's schedule, unless we hear differently. Simison: Okay. So, you should be seeing that in two to three weeks. Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I would move that we adjourn the work session. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. Meridian City Council Work Session October 4,2022 Page 21 of 21 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON ATTEST: 10-18-2022 CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Edington Commons No. 1 Full Release of Emergency Access Easement ADA COUNTY RECORDER Phil McGrane 2022-084257 BOISE IDAHO Pgs=6 NIKOLA OLSON 10/05/2022 08:55 AM CITY OF MERIDIAN, IDAHO NO FEE FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASE : aQ q ,� G�I�ANTBB: CITY OF ME IDIA GRANTOR: INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated ad and recorded as Instrument Number Ala Qf in the ecords of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 4th day of October 2022 CITY OF MERIDIAN Robert E. Sim(son, ayor 10-4- 022 _a Attest by Chr Johnson,�Kerk 10-4-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 10-4-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION No. 67390 Notary Signature------------*� _--- NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO Item#5. ADA COUNTY RECORDER Phil McGrane 2021-085892 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 06/02/2021 11:15 AM CITY OF MERIDIAN,IDAHO NO FEE EMERGENCY ACCESS EASEMENT AGREEMENT ILIA EMENT made this 1st day of June , 20 21 , between C4 Land LLC hereinafter referred to as"Grantor"and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval; and WHEREAS, Grantor desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access; and WHEREAS, Grantor shall construct certain improvements upon the easement described herein; and NOW, THEREFORE, the 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"B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through Grantor's property with the fine right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code, this access road shall be constructed of an improved surface capable of supporting 80,000 GVW; TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever; THE GRANTOR, hereby covenants and agrees that no strictures shall be constructed, erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes. No parking of vehicles within the easement area shall be permitted. 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 access roadway improvements. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/202 page 1lrk Item#5. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, l 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 k convey said easement, and that it will warrant and forever defend the title and quiet possession I thereof against the Iawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. f GRANTOR C4 Land LLC Jim Conger, e er - STATE OF IDAIIO ) )ss County of Ada } This record was acknowledged before me on 5.13-zvzl (date)by �f�►u Co�r ,.,�,on behalf of cl.C,_,in the following representative capacity: in, r (type of authority such as officer or - trustee) - « f r s � • �� to OTA,ftygo pUB1tG „ Notary Signature ° S� My Commission Expires: ZU OF..1'�4•��• I EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 Page'f 95 �`l} Item#5. GRANTEE: CITY Or MERIDIAN Robert E. Simi ayor (71SOI I IDIAA* y tyIDAHO � t CJ1t. ttest by Chri nson,Ci`' r 1-2021 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 6-t-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY COMMISSION#67390 NOTARY PUBLIC Notary Signature STATE 0)= MY COMMISSION EXPIRES 3f2B12T My X'Commission Expires: 3-28-2022 IRE5 I EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/202f Page 91&; l i Rem#5. 5awtooth Land 5urveying, LLC jg � 2030 S,WaahErtgton Ave, 1044 Northwest Blvd.,Ste. G 1,41 1'`Avenue East Emmett, !D 836 17 Coeur d'Alene, ID 838!4 Jerome, 111 833311 P: (208)39848104 F: (205)7 14-4544 P: (208) 329-5303 F: (208)398-8)05 F: (208) 292-4453 F: (208) 324-382.1 Off-Site Fire Access Legal Description A 20.00 foot wide easement located in the W1/2 SW1/4 SW1/4 of Section 36,Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwest corner of said Section 36, from which the W1/4 corner of said Section 36, bears North 00114'51"East, 2637.56 feet; 1 i Thence North 00114'51"East, coincident with the west line of the 5W1/4 SW1/4 of said Section 36, a distance of 332.44 feet; Thence South 89°45'09" East, perpendicular to said west line, 48,00 feet to the easterly right of way line of N. Linder Road and the POINT OF BEGINNING; Thence North 00114'51" East, coincident with said easterly right of way line, 20.00 feet; Thence South 89145'09"East, perpendicular to said west line, 115.00 feet to the beginning of a tangent curve to the left; i Thence northeasterly, 43.98 feet along the arc of said curve to the left, having a radius of 28.00 feet, a central angle of 90100'00", and subtended by a chord bearing North 4501451" East, 39.60 feet; i i Thence North 00014'51"East, parallel with said easterly right of way line, 248.00 feet; Thence South 891,45'09"East, perpendicular to said west line, 20.00 feet; 1 Thence South 00114'51"West, parallel with said easterly right of way line, 248.00 feet to the beginning of a tangent curve to the right; Thence southwesterly, 75,40 feet along the arc of said curve to the right, having a radius of 48.00 feet, a central angle of 90000'00", and subtended by a chord bearing South 45014'51"West, 67.88 feet; Thence North 89"45'09"West, perpendicular to said west line, 115.00 feet to the POINT OF BEGINNING, The above described easement contains 8,454 square feet or 0.194 acres, more or less, BASIS OF BEARING for this description is North 00014'51"East, between the southwest corner and the W1/4 corner of Section 36,Township 4 North, Range 1 West of the Boise Meridian. ,k4G M 1056, c q�f 0 P:12019119292-EDINGTON SUBDIVISION -CMG1Survey\Drawings\Descriptions119292-Off Site Fire Access Legal.docx I Item#'5. 35 36 W1/4 CORNER W112 SWI/4 SWI14 SECTION 36 .SECTION 36 PLS 14221 T. 4 N.,R I COR,REC.2019-092669 C6 M H $1/16 CORNER SECTION 36 PLS 14221 COR,REC.2019-092670 S 89045'09" E N7S 20.00' � f i � o 0 N � N � w � ° OR O O ' a w w , ENS� SG z �- 10561 0 N00°14'S1"E 1D 20.00' 4S 89045'09"E 115,00' ��`OF � a 8,454 SQ.FT:/0.194 AC.S 89b45'09" N45'09"W I I5.00' 48.00' POINT OF N M CURVE I BEGINNING THE CURVE IARC LENGTH I RADIUS I DELTA ANGLE I CHORD BEARING I CHORD LENGTH CI 43.58 28.00` 90000'00" N 45°I4'S1"P 3 b ' SOUTNWESTCORNER C2 75.4D` 48.00` 90°00'001 S45°14'51'W b . B PLS 5291 35 36 COR.REC, 109109699 W. IASTrCK RT2 1. 1 PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# FIRE ACCESS EASEMENT EXHIBIT CONGER GROUP P.(208)EMMETT,ID 83617 19292-EX 398-8104 PROJECT# EDINGTON COMMONS N0. I A Av, F.(208)398-8105 19292 CITY OF MERIbp�oADA COUNTY /�o—Mr ; SWEET 512021 LQnt/SUiVeyilV;LLG WWW.SAWTOOTHLS.COM 1 OF' ' DATE Page'118 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-084261 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 10/05/2022 08:59 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0237 Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. I THIS Easement Agreement, made this Alb day of October 2022 between Alturas Ustick,LLC and Brighton Ustick,,!,L fCqraptRr') and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perfon-ning other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANT04M ALTURAS USTICK,LLC, an Idaho limited liability company By:_ Travis,a v6y,Manager STATE OF IDAIHO ) :SS. County of Ada J On this the ls�day of September,in the year 2022,before me a Notary Public of said State, personally appeared Travis Barney,known or identMW to me to be the Manager of Alturas Ustick,LLC,the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WIRNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Seal ALiSHA LANE Notary Pu0c State of ldano My Commission Expires:OZ JZ�2 Z3 Commission Number 70051 IVCOMMiMon Expires 05.23-2023 GRANTOR: BRIGHTON USTICK, LLC, an Idaho limited liability company By:_ W" Robert L. P'114ips, Manager STATE OF IDAHO } :SS. County of Ada ) On this theIP4 day of September, in the year 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the Manager of Brighton Ustick, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WIRNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Seal Notary Public for Ida SHARIVAUGHAN My Commission Expires: 6-1'doa� Notary Public-state of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-4-2022 Attest by Chris Johnson,City Clerk 10-4-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-4-2022 (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 IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 EYHIBIT A Settlers Park Subdivision Parcel A City of Meridian Utility Easement Boundary Description Project Number 22-221 August 31, 2022 An easement situated in Parcel A of Record of Survey 13511, records of Ada County, Idaho, in the southeast quarter of the southwest quarter of Section 36,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S89°09'46"E, 2078.70 feet along the south line of Section 36; Thence N00°50'14"E, 232.66 feet, more or less, to the southerly boundary of Parcel A,the POINT OF BEGINNING: Thence N00°03'00"W,94.70 feet; Thence N90°00'00"E, 30.00 feet; Thence S00"03'00"E,48.20 feet; Thence S89"59'58"E,35.50 feet; Thence N66°50'04"E, 126.28 feet; Thence S89°59'58"E,245.34 feet; Thence N00°00'16"E, 29.82 feet; Thence S89°59'44"E, 20.00 feet; Thence S00°00'16"W,29.82 feet; Thence S89°59'58"E, 104.50 feet to the west right-of-way line of N.Venable Lane; Thence S00°00'16"W,20.00 feet on the west right-of-way line of N.Venable Lane; Thence N89°59'58"W, 104.50 feet; Thence S00°00'16"W,26.18 feet; Thence N89°59'58"W,20.00 feet; Thence N00°00'16"E, 26.18 feet; Thence N89°59'58"W,241.24 feet; AND s, G Thence S66°50'04"W, 126.28 feet; Thence N89°59'58"W,39.58 feet; a 4 Page 1 of 2 OF cyq£L S �y� IDAHO 9955 W Emerald St Boise, ID 83704 SURVEY GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 City of Meridian Utility Easement Parcel A continued... Thence 500°03'00"E,26.50 feet, more or less,to the southerly boundary of Parcel A; Thence N89"59'58"W,30.00 feet along the southerly boundary of Parcel A to the POINT OF BEGINNING. The above-described easement contains 0.34 acres, more or less. AND s 4 Q Page 2 of 2 cygEC S . 0y Linder Rd. 0 N U) N O W 0 O In ' Woodburn West w o Unplatted ' Subdivision No. 2 0 �? _ o II v OD PO o o �� to 0- rn ,o°, 94.70' 0 ,.,,,, ..N00.50'14"E ............. N00'03'00'W a I 232.66' - u I� L12 I L2 a l r N I I G� cn N I C OC = -A- C: O 48 J+� ` '0 No o. %o ; c Ip^ 0 N OD01) a, o o I o b o, .. i0000 A n (p (..1 n. fi o � to Z � a rn ao 1 co � � ��CD a I a H I Ui ao � � n � � I � �l rri ,�. I< fi v N LIS W x f1 \I � 5 =rcn I I I Z7 �; c PROF �t a � C yl !y y o � L_10 L4 CL4 y' Cu I 0 �.. n croon a I fn OT 1 ~LB L6 0 o m o y to IR 'o o C r', D Co Co I �l Im (n (n L V rn Unplatted o M I N N. Venable Ln, z v 0 N No to ((A N 7 R � omomoww — G) En v ti O CD O ( O (T O O O LA (� O j 0 C y rn rn $ rn o o to o Q C 2 ti m m m m m C co -vm � � o OD CD 00 0 00 in ha o � r O 2. NiO N O C 0 15 r om v m L4 =m o 3 FggF Z W Z Z Z (n {n 00 O 00 O WO O r w O O ( Wj (n O 0 (J� C= O C% O= C %O p 4 m :0 m v W N W N N N W Ul w o m � O O 00 0+ (�A rn PRO tA a ;r r► n� ys o -w O cr CCLv v' CL 4� S m � � �I0 0 l n w 7 1 s D 0 0o v N y u� 00 1 N v -ft" ro z C O z 'DO �'i m N c E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-084260 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/05/2022 08:59 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0238 Settlers Park Subdivision Sanitary Sewer and Water Main Easement No. 2 THIS Easement Agreement, made this4th day of October 20 22 between St.Luke's Health System, Ltd.., ann dah ("Grantor") and the City of Meridi , a I o Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ST.LUKE'S HEALTH SYSTEM,LTD., an Idaho nonprofit corporation 12 / r S % �- By:%fffaflor, SVP an CFO STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 9/ 85 2o22_. (date) by _Jef1"lo (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 St.Luke's Health System,Ltd.. (name of entity on behalf of whom record was executed), in the following representative capacity: SVP and CFO (type of authority such as officer or trustee) ',a�►'SP I10IV �O OTAtt s ��+�Y s Notary Signature PUBLtG My Commission Expires:10, _12 100 °•9 Of ��••`� Sanitary Sewer #Weret in Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-4-2022 Attest by Chris Johnson, City Clerk 10-4-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-4-2022 _(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 I DAH O 9955 W Emerald St Boise, ID 83704 SURVEY Phone: (208) 846-8570 GROUP EXHIBIT Fax: (208) 884-5399 Settlers Park Subdivision Parcel B City of Meridian Utility Easement 1 Boundary Description Project Number 22-221 August 31, 2022 An easement situated in Parcel B of Record of Survey 13511, records of Ada County, Idaho, in the southeast quarter of the southwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36, Township 4 North, Range 1 West, Boise Meridian; Thence S89'09'46"E, 2011.45 feet along the south line of Section 36; Thence N00°50'14"E,48.00 feet to the north right-of-way line of W. Ustick Road, the POINT OF BEGINNING: Thence N00°25'05"W, 59.67 feet; Thence N33°35'54"E, 127.22 feet; Thence N00'03'00"W, 18.03 feet, more or less, to the northerly boundary of Parcel B; Thence S89°59'58"E,30.00feet along the northerly boundary of Parcel B; Thence S00°03'00"E, 18.01 feet; Thence S89°57'00"W, 10.00 feet; Thence S00°03'00"E, 6.05 feet; Thence S33'35'54"W, 127.15 feet; Thence 500°25'05"E, 53.99 feet to the north right-of-way line of W. Ustick Road; Thence N89°09'46"W, 20.00 feet along the north right-of-way line of W. Ustick Road to the POINT OF BEGINNING. The above-described easement contains 0.10 acres, more or less. N C� Cl- o 70 Page 1 of 1 s� Z cygFC S , gym (n cn ^, Linder Rd. 0 N cn (n 041 W 0 N cocc) �' Woodburn West o 2.2. Unplatted Subdivision No. 2 0 > rt _ 7 O ii 00 � \ L1 -0. z L6 . d 4 pa 0 0 I o 0 L_2 J 0 �L3 0 co Ln oL A G) (n I N O 7 c.• C T N 48' N T '1/1 V \ n r o I r � I - I 00 -� m co o co ID Cn O o 3 3 �•Cp C o > 0 Q1 I j 4 P Gr N (D 8�+ '= m I O R C (0 cocD r�i (n ti N Z Z N _ ao r' ° 0 Q1 R C) to O O O m S. � O 0 fV 7 �! (D W W Cn 0 N N N C I a Q C O p sCD � rf m Cl) O W v nl S x n coo (D I N 1 � r a I d v rn Crn m "o 0 ° c I I PROFF z cn w � 3' E �• � I T y w o (D r a; C) I U) -n \�v C con o U3 o � N -0 op9 m c � ° 'P O o w O1 m � 0 �'S `�j o to c°„ `o (D aonl S =r r« I I 1 w (n Unplatted ao 0 —a En - - — — — — -- - — - - - -- - - - wU3 A N0 (n N. Vendble Ln. 0 0 Z O c \ N �0 to • I DA H O 9955 W Emerald St SURVEY Boise, ID 83704 15G Phone: (208) 846-8570 GROUP EYHIBIT -1 Fax: (208) 884-5399 Settlers Park Subdivision Parcel B City of Meridian Utility Easement 2 Boundary Description Project Number 22-221 August 31, 2022 An easement situated in Parcel B of Record of Survey 13511, records of Ada County, Idaho,in the southeast quarter of the southwest quarter of Section 36,Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 36,Township 4 North, Range 1 West, Boise Meridian; Thence S89°09'46"E, 2505.18 feet along the south line of Section 36; Thence N00°50'14"E, 263.90 feet to the POINT OF BEGINNING: Thence N00°00'16"E, 25.00 feet,more or less,to the northerly boundary of Parcel B; Thence S89°59'58"E,20.00feet along the northerly boundary of Parcel B; Thence S00°00'16"W,25.00 feet; Thence N89°59'44"W, 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 0.01 acres, more or less. L S R � o -- 1 4 Page 1 of 1 �i OF �: q4 S , gym N N 0 iv Linder Rd. 0 N O W -A O C ' Woodburn West 0 o Unplatted Subdivision No. 2 o I II- I 0 I C r rn R -Pb w ri o �I m y cODo o 00 0 w ►- p v; o cri o o cu c0 O (O O cn -n� COD03 03 C% UO p '9 5 m m CD G) N tis a01�� o cN r oN Si+ j C D I 0 0 0 0 00 X = N 48' J C m O N A r o I tom OD co mm� p A_ O N O m a O a) I CA tj y m rn ZI I.ccn p C ti CD N OD 7 j 0) R. � � 00 ,n m N u � vr nN I z ' (D N I C Q o fr cn m po m O r. C— o - fA m m 3 x = :;0 m Q - W �?m _ate `" I to O .7 o C C N L p s C -` N00'50'14"E L1 o v, r+ < o i 263.90�.................�L� N (A, f o � � ° 00 a 0 In 3 0 0 n 1 W _e o N n U: a (Arr 0 p5-P co N I I (n Ul to rn Iq Unplatted co �v, --- - -- - - - - - - -- - u Lc 00 nNi 0 N m I N. Venable Ln. 00 Z -O \ ro m �O �' {� E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Timberline Subdivision No. 2 Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-084264 BOISE IDAHO Pgs=5 NIKOLA OLSON 10/05/2022 09:02 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0239 Timberline Subdivision No. 2 Water Main Easement No. WATER THIS Easement Agreement, made this tir day of C ctoLej � 20 22 between Bailey Investments LLC C�Grantor"), and the City of Meridian,an Idaho Municipal Co oratiorrT(lrantee")q E. S,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 VMEREAS, 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 conveys 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: (SSE ATTACRED IT"S r and ) 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 conve.mence of the Grantee,with the free right of access to such facilities t any and all times. TO HAVE TO HOLD, the said easement t and right-of-way unto the said Grantee, it' successors and assigm forever. ITS EXPRESSLY UNDERSTOODAND AGREED,by and between the parties hereto,that after making repairs or performing rather maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertalcing such repairs maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed withinthe area described in this easement that was placed there in violation of this easement. ` T1L GRANTOR coven is and agreeq that Grantor will not place or allow to be placed an permanent structures, trees, bruSh, Or perenntai Mirubs or flowers wftbin the,area dusurlbed for is easement, which would interfere e th the use of said easement, for the purposes stated herein. THE GRANTOR,covenants and agrees with the Grantee that slio ld any part of the right-of- way and s e t hereby granted shall become pwt of, or lie within the boundaries of any Water Main Easement Version 01/01/ 0 0 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. T E 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: 5�AjA6.1on � ) ss County o ) This record was acknowledged before me on 07/01z ii_ (date) by_ / ;/e-y (name of individual), jcomplete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of e- e . " (name of entity on behalf of whom record was executed), in the following representa ' e capacity: Z--m L,;e_ (type of authority such as officer or trustee) ``� Q�,�•Q�M.Exp �o.�'LJ� otary Signature ps Z My Commission Expires: 2 S' NOTARY N io PUBLIC '2 h; • kQ Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-4-2022 Attest by Chris Johnson, City Clerk 10-4-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-4-2022 (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 O1/01/2020 5awtooth Land 5urveyln9, LLC 2030 5. Was'nnngter, Ave. Emmett. ID t33o,'7 F: (208) 398-8!OG F: (208) 398-8 i 05 �xth�it �- Timberline Subdivision No. 2 Water Easement Description BASIS OF BEARINGS for this description is South 89022'15"East between an aluminum cap marking the N1/4 corner of Section 25 and the aluminum cap marking the northeast corner of Section 25, both in T. 3 N., R, 1 W., B.M., City of Meridian, Ada County, Idaho. A 20-foot wide easement being a portion of Record of Survey 8105, Ada County Records and located in the NW1/4 of the NE1/4 of Section 25,T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an aluminum cap marking the N1/4 corner of Section 25; Thence South 00026'28" West, coincident with the west line of said NW1/4 of the NE1/4, a distance of 90.00 feet to the southerly right of way of W. Victory Road and the northeast corner of Kentucky Villas Subdivision, as shown in Book 112 of plats, at Page 16368-70,Ada County Records; Thence continuing South 00026'28" West, coincident with east line of said Kentucky Villas Subdivision, 93.18 feet to the POINT OF BEGINNING; Thence leaving said east line, South 89022`15"East, parallel with the north line of said NW1/4 of the NE1/4, a distance of 115.86 feet to the beginning of a non-tangent curve to the left with a radius of 55.00 feet; Thence 20.11 feet along the arc of said curve, with a central angle of 20057'05", subtended by a chord bearing South 00026'02" West, 20.00 feet; Thence North 891122'15"West, parallel with said north line, 115.86 feet to said east line of Kentucky Villas Subdivision; Thence North 00026`28"East, coincident with said east line, 20.00 feet to the POINT OF BEGINNING. The above described easement contains 0.053 acres, more or less. L CEN FQ C3 W. 11 74 AN R\2f) glta�R:', T3A11RFRj IN ';I IR Nc) ifilitm,.0I TINARFRI !NF �(I Nn ? WATF4 FA:SF LEGAL 4EVISED.docx I ; 3 IT- WATER EASEMENT h BASIS OF BEARING . . . . . . . . . . . . . .. ... . . . .. S 89�22'15"E 2639.60' U1 24 - W. VICTORY ROAD '24 19 --- --- _ 25 COR. REC. #2017-104125 25 30 COR. REC. #114024259 Lu eo / CURVE TABLE MCO - CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH -+ Cl 20.11' 55.00' 2005705" IS 00026'02"W 120.00' w N coI 35 � I Ln 0 o - �c 34 PROPOSED TIMBERLINE �POINT OF 15' SUBDIVISION NO.2 BEGINNING + S 89022'15"E 115.86' z � 1 LINE TABLE -j 20, - I C� LINE BEARING I DISTANCE ---------- LLI IN 0002628"E 20.00' N 89°22'15" W 115.86' M m � I i 33Ln 5' a � O I �m I W I 1ZA T 11574 9/1/22 OF "�F BEAGb�' NTS PROJECT: OWNER/DEVELOPER: DWG# BAILEY 2030 S. WASHINGTON AVE.83617 19383-EX IN TIMBERLINE SUBDIVISION NO. 2 EMMETT, D VESTMENTS P: (208)398-8104-8109 PROJECT# WATER EASEMENT EXHIBIT F: (208)398-8105 CITY OF MERIDIAN 19383 ADA COUNTY SHEET DATE: 912022 WWW.SAWTOOTHLS.COM 1 OF 1 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: West Ada School District Central Academy Pedestrian Pathway Easement ADA COUNTY RECORDER Phil McGrane 2022-084265 BOISE IDAHO Pgs=7 ANGIE STEELE 10/05/2022 09:03 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0233 West Ada School District Central Academy PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT Blade this I 4th day of— October, 2o_22 between Joint School District No. 2, dba West Ada School District, hereinafter referred to as "Grantor", and the City of Meridian, all Idaho 'municipal corporation, hereinafter referred to as "Grantee WITNESSETH: 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,the 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 `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-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 improvernents. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV, 01/01/2020 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: West Ada School District Dr.Derek Bub,Stuperintendent STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on M(xrLh It20z2-(date) by Dr. Derek Bub on behalf of Joint School District No. 2, dba West Ada School District, in his capacity as Superintendent. �p LE RO 4 .•....• L •, ;�j.10TARyy� _•_ Notary Signature (Sanft)3LXG ry; My Commission Expires: jPj; 021�4:•• •'� �''•qTF,OF,19P`• Pedestrian Pathway Easement REV. 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-4-2022 Attest by Chris Johnson, City Clerk 10-4-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged befbre me on 10-4-2022 (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. 0 1/0 1/2020 DocuSign Envelope ID:AE114CB9-8A6E-4C46-8D1 E-FC554E456F60 601 Sherman Ave,Suite 1 KELLER Coeur d'Alene,ID 83814 A S S O C I A T E S ' (208)758-8601 EXHIBIT A LEGAL DESCRIPTION of SIDEWALK EASEMENT WEST ADA SCHOOL DISTRICT TO CITY OF MERIDIAN That portion of Lot 7,Block 1 of Westborough Subdivision, according to plat thereof, filed in Book 87 of Plats at pages 9884-9886, as Instrument No. 103166998,records of Ada County,Idaho being situated in the NE 1/4 of Section 30, Township 4 North,Range 1 East,Boise Meridian, Idaho,described as follows: Commencing at the east 1/4 corner said Section 30, from which the northeast corner of said Section bears North 00°37'33"East,2,656.62 feet; thence along the east line of said Section North 00°37'33"East 1,448.24 feet; thence leaving said east line North 89°49'32"West,25.00 feet,more or less,to the southeast corner of said Lot 7, Block 1, said point being the POINT OF BEGINNING: thence continuing along the south line of said Lot 7,Block 1,North 89°49'32"West, 21.79 feet; thence leaving said south line North 01°13'19"East, 54.46 feet; thence 8.26 feet along the arc of a non-tangent curve to the right having a radius of 59.50 feet and a central angle of 07°57'07'; said curve having a long chord which bears North 32°03'44"West,a chord distance of 8.25 feet; thence North 28°05'10"West, 5.15 feet; thence 19.48 feet along the arc of a curve to the left having a radius of 165.50 feet and a central angle of 06°44'35"; said curve having a long chord which bears North 31°27'28"West, a chord distance of 19.47 feet; thence North 34°49'46"West, 12.47 feet; thence 46.91 feet along the arc of a curve to the right having a radius of 67.50 feet and a central angle of 39°49'07"; said curve having a long chord which bears North 14°55'12"West, a chord distance of 45.97 feet; thence North 04°59'22"East, 16.10 feet; thence 6.13 feet along the arc of a curve to the left having a radius of 90.50 feet and a central angle of 03°52'45"; said curve having a long chord which bears North 03°02'59"East, a chord distance of 6.13 feet; thence North 01°06'37"East,23.70 feet; thence 10.14 feet along the arc of a curve to the right having a radius of 69.50 feet and a central angle of 08°21'29"; said curve having a long chord which bears North 05'17'21"East, a chord distance of 10.13 feet; thence North 09°28'05"East, 10.94 feet; GROWING POSSIBILITIES ' DocuSign Envelope ID:AE114CB9-8A6E-4C46-8D1 E-FC554E456F60 601 Sherman Ave,Suite 1 KELLER Coeur d'Alene,ID 83814 A S S O C I A T E S ' (208)758-8601 thence 19.08 feet along the arc of a curve to the left having a radius of 90.50 feet and a central angle of 12°04'52"; said curve having a long chord which bears North 03°25'39"East, a chord distance of 19.05 feet; thence North 02°36'46"West, 6.56 feet; thence 18.52 feet along the arc of a curve to the right having a radius of 57.50 feet and a central angle of 18°27'02"; said curve having a long chord which bears North 06°36'44"East, a chord distance of 18.44 feet; thence North 15'50'15"East, 15.85 feet; thence 18.13 feet along the arc of a curve to the left having a radius of 90.50 feet and a central angle of 11'28'41"; said curve having a long chord which bears North 10°05'55"East, a chord distance of 18.10 feet; thence North 04°21'34"East, 7.08 feet; thence 32.88 feet along the arc of a curve to the right having a radius of 59.50 feet and a central angle of 31°39'59"; said curve having a long chord which bears North 2091'34"East, a chord distance of 32.47 feet; thence North 36'01'34"East, 6.68 feet; thence 5.09 feet along the arc of a curve to the left having a radius of 8.00 feet and a central angle of 36°29'19"; said curve having a long chord which bears North 17°46'54"East, a chord distance of 5.01 feet; thence North 00°27'46"West, 61.33 feet,more or less,to the north line of said Lot 7,Block 1; thence continuing along said north line South 89°53'04"East, 14.00 feet; thence leaving said north line South 00°27'46"East, 61.19 feet; thence 14.01 feet along the arc of a curve to the right having a radius of 22.00 feet and a central angle of 36°29'19"; said curve having a long chord which bears South 17°46'54"West,a chord distance of 13.78 feet; thence South 36'01'34"West, 6.68 feet; thence 25.15 feet along the arc of a curve to the left having a radius of 45.50 feet and a central angle of 31°39'59"; said curve having a long chord which bears South 2091'34"West,a chord distance of 24.83 feet; thence South 04°21'34"West, 7.08 feet; thence 20.93 feet along the arc of a curve to the right having a radius of 104.50 feet and a central angle of 11'28'41"; said curve having a long chord which bears South 10°05'55"West,a chord distance of 20.90 feet; thence South 15°50'15"West, 15.85 feet; thence 14.01 feet along the arc of a curve to the left having a radius of 43.50 feet and a central angle of 18°27'02'; said curve having a long chord which bears South 06°36'44"West,a chord distance of 13.95 feet; thence South 02°36'46"East, 6.56 feet; GROWING POSSIBILITIES ' DocuSign Envelope ID:AE114CB9-8A6E-4C46-8D1 E-FC554E456F60 601 Sherman Ave,Suite 1 KELLER Coeur d'Alene,ID 83814 A S S O C I A T E S ' (208)758-8601 thence 22.03 feet along the arc of a curve to the right having a radius of 104.50 feet and a central angle of 12°04'52"; said curve having a long chord which bears South 03°25'39"West,a chord distance of 21.99 feet; thence South 09°28'05"West, 10.94 feet; thence 8.10 feet along the arc of a curve to the left having a radius of 55.50 feet and a central angle of 08°21'29"; said curve having a long chord which bears South 05°17'21"West, a chord distance of 8.09 feet; thence South 01°06'37"West,23.70 feet; thence 7.08 feet along the arc of a curve to the right having a radius of 104.50 feet and a central angle of 03°52'45"; said curve having a long chord which bears South 03°02'59"West,a chord distance of 7.07 feet; thence South 04°59'22"West, 16.10 feet; thence 37.18 feet along the arc of a curve to the left having a radius of 53.50 feet and a central angle of 39°49'07"; said curve having a long chord which bears South 14°55'12"East, a chord distance of 36.44 feet; thence South 34°49'46"East, 12.47 feet; thence 21.13 feet along the arc of a curve to the right having a radius of 179.50 feet and a central angle of 06°44'35"; said curve having a long chord which bears South 31°27'28"East, a chord distance of 21.11 feet; thence South 28°05'10"East, 5.15 feet; thence 6.31 feet along the arc of a curve to the left having a radius of 45.50 feet and a central angle of 07°57'07"; said curve having a long chord which bears South 32°03'44"East, a chord distance of 6.31 feet; thence South 89°22'49"East, 9.99 feet,more or less,to the west right-of-way line of North Locust Grove road; thence along said west right-of-way line South 00°37'33"West,62.65 feet; to the POINT OF BEGINNING. Containing 6,145 square feet,more or less. �\ONp,L LANpsli DocuSigned yo y 13257 1 1",VLF15 473__. (ram .0 v r� oIF �5 R�cE COP? GROWING POSSIBILITIES ' 0 0 J:\214095-005 Meridian Pathways\SURVEY WORKING\AutoCAD\WestAdaSD 0070.dwg cn 0£ (SO 6Z, m O O O W CD 0 0 D m F1W O �I L1 L2 0 �/ m m m0 m � o D m N W N 1p m �' W °r; 00 z O O m D m O �� CP O z ;�7 z_ m o �� ;, c Z z N NN '� `s W O 0 O m CJt o a �1 -n A �' / = m O m o Ul > o ? u' D r m o rn r � U) m — m O 2 0 N � � a L � zD lJ CA 'O� m O O m m ti � r O �' cn (n r W O Ro D A zn �� � K mo � o D D Dz CC r rn y cn m o O aN 0 co � o m o n Z D D to o m co r l N 0 o m I I 00 W r O/S oV 0 O (� w P►j.oFFs� 0 ly n 0 IW N r o N T O Z-4 Z 0 (J7 W 2J O L14 n D 6Z� 0£ c PO m is - rn ti OZ 6l o E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Centerville Subdivision H-2022-0046) Between the City of Meridian and Endurance Holdings, LLC (Owner); Viper Investments, LLC (Owner); and Challenger Development Inc. (Developer) for Property Located at 4111 E. Amity Rd. (including the outparcel to the south) and 5200 S. Hillsdale Ave., at the Southeast Corner of S. Hillsdale and E. Amity Rd. ADA COUNTY RECORDER Phil McGrane 2022-084254 BOISE IDAHO Pgs=65 NIKOLA OLSON 10/05/2022 08:53 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Endurance Holdings,LLC,Owner 3. Viper Investments,LLC, Owner 4. - Challenger Development Inc., an Idaho Corporation,Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this-4th day of October 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 Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, Idaho 83642,hereinafter called OWNER;and Viper Investments,LLC,whose address is 1977 E.Overland Road, Meridian, Idaho 83642, hereinafter called OWNER; and Challenger Development Inc., an Idaho Corporation, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, hereinafter called DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho,described in Exhibit "A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 1 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation and zoning of approximately 40.49 acres of land with a request for the C-C (2.95 acres)zoning district, R-8 (13.38 acres)zoning district,and R-15 (24.17 acres) zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS,-Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the 9t" day of August, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring 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. 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 Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, Idaho 83642, hereinafter called OWNER;Viper Investments,LLC,whose address is 1977 E.Overland Road, Meridian, Idaho 83642, hereinafter called OWNER; and Challenger Development Inc.,an Idaho Corporation,whose address is 1977 E.Overland DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 2 OF 9 Road, Meridian, Idaho 83642 hereinafter called DEVELOPER, the party that owns and/or is developing said Property and shall include any subsequent owners(s)/developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and bythis reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, phasing plan, concept plan, landscape plan, open space exhibit, and conceptual building elevations included in Section V11 and the provisions contained herein. b. Future development shall be generally consistent with the proposed phasing plan, specifically that no more than 30 homes shall be constructed prior to both the Hillsdale Avenue and the Amity Road accesses being constructed. C. With the first phase of development, the Applicant shall construct a dedicated westbound and eastbound turn lane on E. Amity Road at the S. Amorita Avenue entrance (as labeled on the preliminary plat) and construct an interim signal at the E. Amity Road and S. Hillsdale Avenue intersection, per the ACHD staff report and the Traffic Impact Study. d. The Applicant shall construct a Rapid Rectangular Flashing Beacon (RRFB) crossing at the S. Hillsdale Avenue and E. Hill Park Street intersection when the sidewalk gap located at 5175 S. Hillsdale Avenue (Parcel R3530800300) is constructed. e. Per the submitted and revised preliminary plat, Lot 58, Block 1 shall be reserved for a future daycare facility and Lots 17, 59, & 60, Block 1 shall be reserved for future commercial uses. f. All future pedestrian crossings within the subdivision that traverse a driving surface shall be constructed with brick, pavers, stamped concrete, colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities, per UDC 11-3A-19B.4b. DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 3 OF 9 g. No building permits shall be submitted until the final plat for the associated phase is recorded. h. The required landscape street buffers and detached pedestrian facilities shall be constructed and vegetated with the first phase of development along E. Amity Road and S. Hillsdale Avenue, including a I0-foot wide sidewalk along the Hillsdale frontage as required by City Council. i. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6, per the submitted preliminary plat and concept plan. j. Multi-family residential is not approved with these applications, and a future Conditional Use Permit is required per the use table in UDC I 1-2A-2 for the R-15 zoning district. k. All open space and amenities throughout the development shall be shared by all portions of the development; the future Conditional Use Permit application shall show continued compliance with all open space and amenity requirements for the development as a whole. 1. The elevations/facades of 2-story structures that face E. Amity Road,an entryway corridor, and S. Hillsdale Avenue Street, a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property,this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 4 OF 9 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements,conditions,and obligations contained herein are uniqueto the Propertyand integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho,including all matters of construction,validity,performance,and enforcement.Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide, if required by the City. DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 5 OF 9 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 8362 Meridian, Idaho 83642 OWNER: OWNER: DEVELOPER: Endurance Holdings,LLC Viper Investments, LLC Challenger Development Inc. 1977 E. Overland Road 1977 E. Overland Road 1977 E. Overland Road Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(I-I-2021-0046) PAGE 6 OF 9 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official)challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner/Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-2021-0046) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Endurance ings,LL By: Corej Barton STATE OF IDAHO ) ss: County of Ada ) On this ye day of_ t 2022,before me,the undersigned, a Notary Public in and for said State, personally appeared Corey Barton, nown or identified to me to be the_RCM b- -{" of Endurance Holdings,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS\ ��VF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writte\\\\��0:CCA L MC�r,,��i • O � �2 = No ary Public p L, MY COMMISSION = My Commission Expires: EXPIRES 8-16-2024 ; •'•.s ��: Cb 1, 0 OF OWNER: 4'?lo I'#1����` Viper Investments,L C By: Core Barton STATE OF IDAHO ] ss: County of Ada ) On this N day of 2022,before me,the dersi ned, a Notary Public in and for said State, personally appeared Corey Barto ,known or identified tome to be the a_ & of Viper Investments,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN W ITNESSw HEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate ��%% 11llli►11, first above\\\�O�CCA L A4C����� p No ry Public MY COMMISSION - My Commission Expires: EXPIRES 8-16.2024 DEVELO 1' ERVILLE SUBDIVISION H-2021-0046 PAGE 8 OF 9 QJ'F., c ) DEVELOPER: Challenger Developme nc. By: Corey arton STATE OF IDAHO ) ss: County of Ada J ) On this T—q/ day of_Vg /1 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Corey Barton,known or identified tome to be the 1'e5I den t—of Challenger Development Inc.,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand nd affixed my official seal the day and year in this certificate first abo;;0I �I}IIHN���i CY PM�k9y Not ry Public Z (S Eli.) : My Commission Expires: MY COMMISSION EXPIRES 8-16-2024 D'•gt�OF1DA C-�� CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-4-2022 Chris Johnson, City Cleric 10-4-2022 STATE OF IDAHO ) ss County of Ada } On this 4th day of October , 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SLAI_,) Notary Public for Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT-CENTERVILLE SUBDIVISION(H-202I-0046) PAGE 9 OF 9 EXHIBIT A Legal Description Centerville Subdivision — Annexation A parcel being the NW%of the NE %of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northwest corner of said NW % of the NE %a, from which an Aluminum Cap monument marking the northwest corner of the of said Section 33 bears N 89015'18" W a distance of 2660.59 feet; Thence along the northerly boundary of said NW%of the NE % S 89°14'44" E a distance of 1330.22 feet to a point marking the northeast corner of said NW'/4 of the NE '/4; Thence along the easterly boundary of said NW'/4 of the NE '/4 S 0'22'10" W a distance of 1324.15 feet to a point marking the southeast corner of said NW %4 of the NE '/4; Thence along the southerly boundary of said NW'/4 of the NE %4 N 89027'31" W a distance of 1329.05 feet to a point marking the southwest corner of said NW'/4 of the NE %4; Thence along the westerly boundary of said NW%of the NE % N 0°19'12" E a distance of 1329.10 feet to the POINT OF BEGINNING. This parcel contains 40.49 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS �NPL LA Np S Solutions,Land T June 24, 2021 PC s 1 1 �8 OF \11� />.OIV W \A Ui �S olutio Centerville Subdivision Job L land Surveying and Consulting Page 1 of 1 of 1 1 Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho,and the NW'%of the NE Y.of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho,and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW%of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW % of said Section 33 bears N 89°15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'/< of the NE '/< S 89014'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point, Thence S 17°25'38" E a distance of 29.40 feet to a point; Thence S 0°19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW /<of the NE'/<; Thence along said westerly boundary N 0019'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW'%of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'/< of the NE '/< S 89014'44" E a distance of 188.72 feet to the POINT OF BEGINNING, Thence continuing along said northerly boundary S 89°14'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6°25'57" E a distance of 47.37 feet to a point, �..Z6141'+C�lkitiii ns Centerville Subdivision 33 Job k�� IanE Surveying and ConsWtloy Page 1 of 3e 1 Of 3 CENTERVILLE SUBDIVISION - ANNEXATION EXHIBIT THE NW%OF THE NE '/<OF SECTION 33, T3N, R1 E, BM, ADA COUNTY, IDAHO BASIS OF BEARING -POINT OF E. AMITY ROAD 29 28 N89.15'18' 28 BEGINNING E 1 16 S89°14 44 E 1330.22 / 1330.22' 28 27 32 33 2660.59 331/4 S8914'44"E 33 34 WQ z Q CA co N ozo 1c,1 N / m 2 Y m d vi n� O o C4 d U M CV TOTAL ANNEXATION AREA = 40.49 ACRES E. HILL PARK ST. lil o 0 (V �— az _ m z O Qa _ S CV— o0 a CV w m 15 J Z cn J� Q Q S C1 a O O az So Qo =Y 5 Y 5 CN 1/16 - - N89W'31"W 1329.05' ONE t/ts HOWRY LANE S� 17 SUBDIVISION NO. 1 I HOWRY LANE SUBDII SION N0. 2 J� N o - - rn _ C4 i � ol�2 I C 1/4 ONPL LAlyOS O � L � a N�01.Zliz( 0 = 0�j 9I'F OF �pQ'��V LLa:n4?1UtjF"ons veying and Consulting 01 150' 300 600' �� A 231 E 5TH ST.,STE.A �N W. \A MERIDIAN,ID 83642 (208)288-2040 (208)28&2557 fax Www.landsolutions.biz JOB �0. 2C-16 CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE Y4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD 29 28 BA BEARING 28 C-C ZONE 18 W S89'14'44"E 1330.22' E 1/i6 1330.22 28 27 32 33 .59' 1/4 33 L10 681.60' 459'90' S89'14'44 � I _ _ 33 34 IJ POINT OF POINT OF I J r BEGINNING BEGINNING a wQ �`'' R15 ZONE R8 ZONE Ic-' o vi fig, I � �� IN, J L4 06 2 n U N I O n <o J co I II xm C7 �w I(nN I �a I to 1:M I C14� R-15 ZONE I �' J J AREA=24.17 ACRES 11n E. HILL PARK ST. o ^Icn S� I o �a �z I (n_ O z c jL5 459.40' J `o N8914'44"W"— L8 L7"�- R-8 ZONE �� rnr AREA=13.38 ACRES aa 444.00' 885.05' CN 1/16 -- N89'2T31"W 13zs.o5' Nam,/ifi HOWRY LANE Il SUBDIVISION N0.1 HOWRY UNE SUBDIV1510N N0.2 olo N N1�2 /— LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD L1 174.00' SO'47'14"W Cl 7.71' 347.00' 176'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20.00' 90'00'00" S45-45-16"W 28.28' C 1/4 L3 95.00' SO.45'16"W LINE TABLE (CONT.) y�ONP S T�D y,G L4 179.00' S89'14'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L5 16.72' S81'43'35"W L10 188.72' S8974'44"E L13 146.91' S9'00'00"W L6 79.75' SO'08'44"W 1 1 1 18 ut 175.85' S019'12'W L14 50.72' S019'12"W CL L7 47.00' N8914'44"W N�(0 12I2��0= L12 29.40' 51725'38"E L15 175.50' N89'40'48"W ) q \OQ. LB 60.13' N89'14'44"W �T of tJ� L9 170.12' SO'45'i6"W 0N w.NP n ' T r.I 1 0' 150' 300' 600' Land u ieying and Consulting 231 E.STH ST.,STE-A MERIDIAN,ID 83642 (206)28862040 (208)28862557 fax ww.landWulions.biz JOB 40.2, Page 22 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI ' N,­ AND DECISION&ORDER p In the Matter of the Request for Annexation&Zoning of 40.49 acres of land from RUT to the C-C (2.95 acres),R-8(13.38 acres) and R-15(24.17 acres)zoning districts and a Preliminary Plat consisting of 249 total lots(124 single-family residential lots,79 townhome lots,4 multi-family lots, 4 commercial lots,34 common lots,and 4 other lots) on 38.95 acres of land,by Becky McKay, Engineering Solutions. Case No(s).H-2021-0046 For the City Council Hearing Date of. July 19,2022 (Findings on August 9,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 19,2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 19,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 19, 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(LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTERVILLE SUBDIVISION-FILE#H-2021-0046) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 19, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 19,2022, 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTERVILLE SUBDIVISION-FILE#H-2021-0046) -2- use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. 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 July 19,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTERVILLE SUBDIVISION-FILE#H-2021-0046) -3- By action of the City Council at its regular meeting held on the 9th day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simiso 8-9-2022 By Brad Hoaglun, Council President Attest: see,. Chris Johnso 8-9-2022 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Pkin ',6-m'o Dated: 8-9-2022 City Clerk's Office -,) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(CENTERVILLE SUBDIVISION-FILE#H-2021-0046) -4- STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT r A H O HEARING 11/16/2021 1/4/2022 & 7/19/2022 r Legend DATE: ' Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner L 208-884-5533 SUBJECT: H-2021-0046 Centerville Subdivision h LOCATION: The site is located at 4111 E. Amity Road (including the outparcel to the south)and 5200 S.Hillsdale Avenue,at the southeast corner of S. Hillsdale and E. iT Amity, in the NW'/a of the NE '/a of Section 33, Township 3N.,Range IE. �® I. PROJECT DESCRIPTION Annexation&Zoning of 40.49 acres of land from RUT to the C-C (2.95 acres),R-8 (13.375 acres)and R-15 (2q.14 24.17 acres l zoning districts with a concept plan showing-4-5*. ingle- €amily units multi family units estifrge€-190 tell le+�"4 single ty-Iets74-vial-Iet,-4- elobhouse house and 27 eemmen 219 single-family units and 16 multi-family units and a preliminary plat consisting of 249 total lots (124 single-family residential lots,79 townhome lots= 4 multi-family lots,4 commercial lots,34 common lots,and 4 other lots)on 38.95 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40.49 acres(R-8— 13.35 acres;R-15—27.14 acres: C-C— 2.95 acres) Future Land Use Designation Medium Density Residential&Mixed Use Neighborhood Existing Land Use(s) County residential and vacant land Proposed Land Use(s) Detached single-family residential;townhome residential; future multi-family residential;and a Daycare. Lots(#and type;bldg./common) 4- total-lets--124-single-€anvil}residentia1-4.ots,3-5 tee 1 t-s eretal let el{tbhouse house,and 27 eafH ts 249 total lots single-family residential lots.79 townhome lots.4 multi- family lots.4 commercial lots.34 common lots.and 4 other lots Phasing Plan(#of phases) Proposed as four(4)phases Description Details Page Number of Residential Units(type 3a-7 219 total units-T59-single-fafnily;-4-64-apartment of units) 124 single- family residential units.79 townhome units.and 16 multi- family units(future CUP application is needed rewire for the MF Density(gross&net) Gross(overall)-8:39 fiM du/ac.(317 M units/38.95 acre plat);Ntt-44-.§4-da/se:(per-submittedRla-ns; exeludess-RON chafed-drives;dnye-ar-elot,and eemmon area) Open Space(acres,total 5.64 acres of qualified open space OVERALL [%]/buffer/qualified) (approximately 14.48%).Further analysis below in Section V.J. _ Amenities At least fear(4)five 5 qualifying amenities(does-itet include-€ataFe lti-family-*mules)-Open space in excess of the requirements,picnic area with benches and shade structure,children's play structure,clubhouse and ool and public art. Physical Features(waterways, Cunningham Lateral bisects the southwest corner of the hazards, flood plain,hillside) property-no floodplain on property. Neighborhood meeting date;#of June 3,2020;June 16,2021 -23 attendees attendees: History(previous approvals) No previous application history with City of Meridian B. Community Metrics Descri tion Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study Yes(review ACHD Staff Report for specifics; Staff analysis is below in es/no Section V.C) Access Two new accesses are proposed via new local street connections-One to E. (Arterial/Collectors/State Amity along the north boundary and one to S.Hillsdale along the west Hwy/Local)(Existing and boundary. Other access is proposed via two stub street extensions. Proposed) Stub Applicant is proposing to extend two stub street connections-W.Macumbo St. Street/Interconnectivity/Cross from the east(Rockhampton Subdivision of Boise)and, S.Bleachfield Ave. Access from the south boundary(Howry Lane Subdivision). Traffic Level of Service Amity Road(between site and Eagle)-Better than"E"(1.474/1,540 VPH) Amity Road(between site and Cloverdale)-Better than"E"(182/425 VPH) - Both segments of road are shown as level"F"when proposed project is added into existing traffic counts. Existing Road Network Amity Road and S.Hillsdale are existing.All internal roads proposed would be new development. Existing Arterial Sidewalks/ No sidewalks or buffers along Amity Road frontage nor Hillsdale Avenue Buffers frontage(collector street) Description Details Pa e Proposed Road Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP): Improvements • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2021-2022. • Cloverdale Road is schedule in the IFYWP to be widened to 5-lanes from Amity Road to Victory Road in 2025. • The intersection of Eagle Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south, 4-lanes east,and 4-lanes on the west leg and is currently under construction. • The intersection of Cloverdale Road and Amity Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg,4-lanes on the south leg,4-lanes on the north leg,2-Ianeson the east leg and 2-Ianeson the west leg in 2025. • Amity Road is listed in the CIP to be widened to 3-lanes from Eagle Road to Cloverdale Road between 2036 and 2040. Fire Service • Distance to Fire Station Approx. 2.9 mile from Fire Station#4(Boise Station 14 is 2.7 miles away) • Fire Response Time This project does not fall within the Meridian Fire response time goal of 5 minutes. If Station 7 is approved,response times will improve. • Resource Reliability Fire Station#4 reliability is 78%(below goal of 80%). • Risk Identification Risk Factor 2—residential with hazards(multi-family and waterway) • Accessibility Proposed project meets all required access,road widths,and turnarounds. Proposed phasing plan shall be adhered to;any changes in the phasing shall be approved by the Fire Department. Applicant shall have strict adherence to proposed phasing plan. Police Service • Distance to Station Approximately 5.6 miles from Meridian Police Department • Response Time Approximately 4.5-minute response time to an emergency. — I` • Call Data Between 7/1/2019-6/30/2021,the Meridian Police Department responded to 900 calls for service within a mile of the proposed development. The crime count on the calls for service was 71. See attached documents for details. Between 7/1/2019- 6/30/2021,the Meridian Police Department responded to 25 crashes within a mile of the proposed development. See attached documents for details. • Additional Concerns None West Ada School District Estimated Additional School 123 estimated children at full build out(.7 per SF dwelling, .1 per MF dwelling) Aged Children • Distance(elem,ms,hs) 0.2 miles to Hillsdale Elementary 1.7 miles to Lake Hazel Middle School 5. miles to Mountain View High School • Capacity of Schools Hillsdale Elementary—700 students Lake Hazel Middle School— 1,000 students Mountain View High School—2,175 students • #of Students Enrolled Hillsdale Elementary—626 students Lake Hazel Middle School— 1,029 students Mountain View High School—2,457 students School of Choice Options • Christine Donnell Elementary(Arts)—2.8 miles away(505 enrolled w/capacity of 500) • Spalding Elementary(STEM)—4.3 miles away(677 enrolled w/capacity of 750) _ Wastewater Description Details Page • Distance to Sewer NA Services _ • Sewer Shed South Black Cat Trunkshed _ • Estimated Project Sewer See application ERU's _ • WRRF Declining 14.17 Balance • Project Consistent with Yes W W Master Plan/Facility Plan • Impacts/Concerns •Additional 15,709 gpd committed to model. •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easements. Water • Distance to Services 0' • Pressure Zone 4 • Estimated Project Water See application ERU's _ • Water Quality Concerns None • Project Consistent with Yes Water Master Plan _ • Impacts/Concerns •Ensure no permanent structures(including but not limited to trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches, light poles,etc. are built within the utility easement. COMPASS—Communities in Motion 2040 2.0 Review Housing Win 1 mile _ 3,190 Jobs w/in 1 mile 670 • Ratio 0.2—Indicates an employment need(ratio between 1-1.5 is considered healthy ratio) Farmland Consumed? Yes Nearest Bus Stop 2.6 miles _ Nearest Public School 0.1 miles Nearest Public Park 0.1 miles Nearest Grocery Store 2.4 miles(an Albertson's grocery store is under construction within 0.75 miles Recommendations See agency comment section for link to full file. Distance to nearest City Park '/4 mile to Hillsdale Park and YMCA(9.54 acres in size)directly west of the (+size) project. ' 1 1 1 1 1 - • - • � -11111n11 -. RAW O fi.n AMITTYft i • , LU ■ .. OAF .lnlydg49 - .p_y m it: ;u`•��` _ R. ♦ A Ima r ���r mw- m p � nu w impa 111n `v nml d�nnnla +.•unn11� uuun-I.nnn17 m� I I1- 1 1 _•,15�?la�l 11 - • - • iffrrr��r - • - • f���i.w i nuq n— ~lop • ■ - • • ■ Illl �• • - • • • + 111I11 -,111111117►� IIIII I- I 1111111 \�-.•RIIIIII- 1111116' i mr[ � unnill 1 w� • -• •• - ri_locaaas�l,�1[:R:IS \I IIIIII;: 1.: 11�`�rI Ina ''nI. - _J i _-{��♦♦i nut •' nm r-■� nu�itlu'� uj �•OI Y II1h Illq nun AMI - •�-=AMITY --- a�J.�LiY1YYY r m.��ma.�•� • j �11111111111,111111,-::•��' r�"�-���1+1,�� _loom HI � W -��'� „ ��iii����i��ip\■ �_-a "�?a�t,���snr �� � � �Q li ��i♦�i i��d� %♦♦ rrli���0�4� =��nnl�I non ♦ ♦ Q�. .�IIIIII ♦ . r �rum:`_ � •� _IIIIII 11 = , ' � III I �IV�111 ►c-- OU �Y7n1/ � 11�ii T 111 N -1111111.�'�_ Illu►:'1 ..._ I _ ♦ 11111•:�'m�7 ��, 1♦i♦♦III r.. 111 Q��� IIIIa i 11 •'I' • O7� . �� IIIIa i/111►\`I 11111.�=nu\= �==--:' � 11 IIIIII I. . IIIIIIII 1111►�� IIIIII� _ mmu nm nnm•loon: _ ..Inuu .n � •nnm: ',nnnu B=1= uun annm IIIn1111 O �+ _ nuuu oon 1111 nI� �:mnm nnul- •noon Innnnl c--- �:nnnu pinu o =nnu11- �.7nnm mnml c- All i 1 i . / 1 11 � / � 1 ' • 1 1 . � i 7� IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/23/2021 "�7L30-M Radius notification mailed to properties within 500 feet 7/20/2021 -t928Q824-6/30/2022 Site Posting 8/l/2021 +U5/2024 7/11/2022 Nextdoor posting 7/20/2021 'O'Q W2024-6/30/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:Ilwww.meridiancity.orz/compplan) The subject project area contains two future land use designations, Mixed-use Neighborhood (MU-N)and Medium Density Residential(MDR),with the MDR designation taking up a larger area of the project,approximately 80%of the project area. Mixed-Use Neighborhood(MU-N)-The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non- residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree- lined,narrow streets are encouraged. Medium Density Residential(MDR)-This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject property has two future land use designations on the property, as noted directly above. The majority of the site is designated Medium Density Residential(approximately 31 acres to 8 acres of MU-N) which calls for a different type of lot size and density than the Howry Lane Subdivision directly to the south which is designated as low density residential(LDR). The subject project is comprised of three county parcels located at the southeast corner of E. Amity and S. Hillsdale, directly east of Hillsdale Elementary and the South Meridian YMCA. The relatively small area ofMU-Non this site is part of a larger mixed-use area further to the west that encompasses approximately 70 acres. Approximately half of this mixed-use area is approved for residential development(Hills Century Farms North) with the remaining area being comprised of commercial zoning that includes self-storage, an urgent care, medical/dental offices, assisted living facility and some vacant commercial lots. Therefore, the applicant has not proposed to incorporate additional neighborhood serving uses and meet all of the comprehensive plan policies for this designation. Instead, the Applicant is proposing a mixed-use residential project more in line with the MDR designation. However, the proposed and approved commercial uses in this mixed-use area to the west have not been neighborhood serving uses and instead more community serving uses have been constructed; uses intended to be utilized by the nearby neighborhoods AND areas further away. The Applicant is including a lot along S. Hillsdale Ave. within the requested R-15 zoning district to be a future daycare facility that is consistent with neighborhood serving uses envisioned by the comprehensive plan for this area. Staff is unaware of future uses in the undeveloped commercial lots along Amity that are part of the adjacent project however, additional neighborhood and community serving uses may develop in the area. In addition, Staff does not find it feasible to anticipate future residents of this development to walk to the new Albertson's grocery store being constructed at the northwest corner of the Eagle/Amity intersection which is approximately 3/ of a mile to the west because it will require three arterial street crossings with the new roundabout design. However, a grocery store within a mile of the proposed development is still a benefit to this development and this area of the community. Additional school capacity is anticipated by the school district who owns the 40 acres directly northwest of the proposed development. Staff does have concerns with the lack of neighborhood serving uses in this area. Staff believes replacing two of the multi family buildings at the southeast corner of Hillsdale and Hill Park with a multi-tenant commercial building may include neighborhood commercial users like a restaurant, salon, convenience store, or other retail businesses. Therefore, Commission and Council should determine if more commercial is desired for the development. In addition to the preferred uses and some site design elements of the project, the future land use designations also determine the allowed gross density. The existence of two designations within the project determine how the calculation of density can occur for this project. Overall, the Applicant is proposing an overall gross density of 8.4 du/ac which, when rounded down per the comprehensive plan allowances, is at the maximum allowed density of the MDR designation (3-8 du/ac). In addition, it should be noted that this density includes 168 multi family units that are not a part of the current application requests and will require future Conditional Use Permit(CUP) approval from the City. Staff has analyzed the density of this project with the inclusion of the multi family units as that is the intended use and intensity of the site. The MU-Ndesignation allows residential uses at a gross density range of 6-12 du/ac and each designation's "boundary"can be used throughout the project because future land use designations are not parcel specific. The Applicant has proposed transitional lot sizes and density within this project along the perimeter to match the lot sizes of existing development to the east and south. Smaller lot sizes are proposed towards the interior of the project culminating in the multi-family lots (highest density)along the west boundary and at the very northwest corner of the development. On the submitted preliminary plat, the Applicant has provided three (3)gross density calculations for the project based on overall area and the two requested zoning designations and their areas, the R-8&R-1 S zoning districts—all three calculations fall within the allowable ranges for the MDR and the MU-Ndesignation.If you were to take only the multi family area, the gross density is approximately 20 units to the acre. Because of the transitional density proposed in the project, Staff is taking the overall gross density calculation and analyzing it against the MDR density range (3-8 du/ac), the more restrictive density range of the two applicable future land use designations. As noted above, the overall gross density proposed lies near the absolute maximum allowed(8.4 du/ac can be rounded down to 8 du/ac per the comprehensive plan)for the future land use designation of MDR. For this simple fact, Staff recommends a reduction in the maximum number of multi family units allowed with a future CUP to bring the overall density below the 8 du/ac without needing to utilize the allowable rounding. Staff has calculated that this would require a loss of 16 multi family units throughout the site. However, in addition to the general density discussion for the proposed development, Staff finds it pertinent to discuss the Community Planning Association of Southwest Idaho (COMPASS) data provided to the City for this development. In that document COMPASS has noted an approximate job to housing ratio within one(l)mile of the project site of 0.2 which indicates a need for more employment in this area (a healthy ratio, according to COMPASS, is in the 1.0—1.5 ratio). Two factors play heavily into this calculation—the number of housing units and the amount and type of commercial uses in the area. Staff has already discussed concern with the amount of neighborhood serving commercial in the immediate area of the project site but neighborhood character, traffic, and overall density also play roles in the amount and design of the future multi family component of this project. Mixed-use designations call for multi family residential to be nearby commercial development and arterial streets but with the proposed gross density, existing character of the surrounding areas,and E.Amity operating at a LOS E(worsening with the proposed development with no plan to expand until 2036), Stafffinds that limiting a majority of the multi family units to two- story structures instead of three-stories is prudent planning and would bring the overall density of the project down to a level that is more serviceable by existing transportation facilities, emergency services,and schools. Please see comments from applicable agencies and departments in regards to these points. Staff has included a DA provision in Section VIII.A] to limit the heights of all of the apartment units to two-stories except for the two 24 plex buildings in the second row of the multi family area,per these discussion points. If Commission and Council determine additional neighborhood serving uses should be incorporated into this development, this will also impact the number of multi family units that can be constructed on the site. At a minimum,this would be a reduction of 40 multi family units bringing the overall gross density of the Centerville Subdivision to 7.37 du/ac. It will reduce the number of cars on the road, the number of children in our overcrowded schools,and more appropriately match the heights of homes proposed in this development,detached or otherwise.If it is found by Commission and Council that additional neighborhood serving uses should be added and a further reduction in residential units is warranted, it would provide better transition from Hillsdale Avenue and help the project be more consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Sta frecommends a DA as a provision ofannexation with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (httos:Ilwww.meridiancitv.orz/comt)plan): As discussed above,the proposed project includes an area that is designated as Mixed-Use Neighborhood. Because this project has a relatively small area of this larger mixed-use area Staff does not find it necessary to discuss the project in accord with each mixed-use policy. However, some policies are still applicable and have been included below. The applicable Comprehensive Plan policies are cited below with Staff analysis in italics: "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01G). Centerville Subdivision proposes different housing types and lot sizes within the project to include single-family detached, alley-loaded townhomes,front-loaded townhomes, and multi family units (future Conditional Use Permit submittal). The Applicant is proposing the detached single-family with varying lot sizes that get smaller towards the interior of the site. Staff finds the proposed housing diversity would offer new housing types in the immediate area as a majority of the area is comprised of standard detached single-family lots. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A). The proposed site design incorporates transitional densities and lot sizes from the existing residential development to the south and east(Rockhampton Subdivision of Boise). The Applicant has matched the property lines of the properties directly abutting the east and south boundaries to ensure compatible lot and home sizes to those existing homes. The lot sizes decrease and the density increases towards the interior of the site culminating in an area of multi family residential along S. Hillsdale Avenue and a commercial lot for a future daycare facility. Staff finds the proposed project is compatible with surrounding residential development because of the transitional densities proposer, S. Hillsdale Avenue, a collector street, abuts the site along the west boundary with E. Amity Road, an arterial street, abutting the northern boundary. The Applicant's choice to place the highest density residential and the commercial lot along these corridors is a best design practice. Furthermore, as discussed above, other commercial uses are constructed or planned on the west side of Hillsdale in addition to a community park, a YMCA, and the Hillsdale Elementary School. StaffJinds the inclusion of multi family residential nearest to the commercial uses but separated by the required landscape buffer and a collector street creates a compatible project with all surrounding uses. "Establish and maintain levels of service for public facilities and services, including water, sewer, police,transportation, schools, fire,and parks"(3.02.01G).All public utilities are available for this project site due to the existing network abutting the site to the east and north,per Public Works comments. Subsequently, all public utilities will be extended at the Applicant's expense in order to connect to the existing services within the right-of-way. Currently, this project is not within the Fire Department's response time goal offive (5) minutes. Per Meridian Fire comments, construction of Station 7 next to Discovery Park would help in response times for this area. Currently, a majority of the residential development to the south and southwest are also outside of the response time goal. West Ada School District has offered comments on this project and estimates 123 additional school aged children from this development. Hillsdale Elementary abuts the subject site directly to the west. In addition, there are schools of choice in this area and are noted in the community metrics section in Section 11 above. The Applicant has discussed with ACHD and the school district to incorporate a new dedicated crossing at E. Hill Park Street and S Hillsdale to help elementary aged children and parents walk to the school and the YMCA. The adjacent roadways will be impacted by this development, as discussed above and in the Access section in this report. Therefore, Staff has recommended lesser density and more commercial to improve the walkability of this area of the City. See Section VII.Ffor access and transportation analysis, including Traffic Impact Study summary and analysis. "Preserve,protect,and provide open space for recreation,conservation, and aesthetics" (4.05.01 F). The proposed project offers open space that exceeds the minimum requirements in the unified development code(UDC) and includes a large centralized open space area that is slightly under 2 acres in size and is easily accessible via pedestrian connections from anywhere in the project. In addition, the entire development will share the open space and amenities which add to the walkability and usability of the open space within this development. The proposed centralized open space and pedestrian connectivity to it is an example of what the comprehensive plan and our development code currently aims to deliver to Meridian residents. "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system." (6.01.01H). The Applicant is proposing to extend the two streets stubbed to this property which includes extending the attached sidewalks into this development.Around the perimeter and throughout this development,pedestrian facilities are proposed that would be needed additions to the sidewalk network in this area of development for both Meridian and Boise. In addition, the Applicant is proposing to work with ACHD to construct a dedicated crossing at Hill Park Street and Hillsdale so there is an additional safe route to Hillsdale Elementary on the west side of the adjacent collector street. "Support the inclusion of small-scale neighborhood commercial areas within planned residential developments as part of the development plan,where appropriate." (3.06.02A). With the inclusion of the Mixed-Use Neighborhood future land use designation on this property, the Applicant has decided to propose one commercial lot with this project; the subject lot is shown as a future daycare facility. No other commercial uses are proposed for the development. Further analysis is above in the previous section including a recommendation that the development lose units and include more neighborhood serving uses. Mixed Use Policies: "Community-serving facilities such as hospitals,clinics,churches, schools,parks, daycares, civic buildings,or public safety facilities are expected in larger mixed use developments." The Applicant is proposing one commercial building lot that is to be reserved for a future daycare facility. Staff appreciates its inclusion into the project. "Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre." The MU-N designation on this site is part of a larger mixed use area further the west and includes approximately 70 acres overall. Based on rough calculations and including the proposed future multi family component of this project, this MU-N area will be comprised of approximately 58%residential development, exceeding the minimum amount of 40%noted in this policy. "Three specific design elements should be incorporated into a mixed use development: a) street connectivity,b)open space, and c)pathways."Although no multi-use pathways are required with this development due to one already in existence on the west side of S. Hillsdale Avenue and none being shown on the Master Pathways Plan adjacent to the development area, the Applicant is proposing to construct a multi-use pathway segment along the Amity frontage. Furthermore, the subject development is proposed with sidewalks and micro pathways throughout the project that connect open space, amenities, the commercial lot, and the perimeter pedestrian facilities. All of these facts make the open space and pedestrian connectivity component of the project compliant with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Access(UDC 11-3A-3): Main access to the project is proposed via two new local street connections—one to S. Hillsdale Avenue(collector street)and one to E. Amity Road(arterial street). In addition, the Applicant is extending two local stub streets into the site—one from the east(W. Macumbo Street) and one from the south(S. Bleachfield Avenue). The two local street connections are both located near the southeast corner of the project but do not directly connect. Originally, they did connect more directly but at the first neighborhood meeting concerns were raised about cut-through traffic. So,the Applicant revised the road layout to replace that street connection with a pedestrian connection. The Access from Amity Road aligns with an approved access to the Shelbourne South Subdivision located on the north side of Amity and has been approved by ACHD (further analysis is below in the Traffic Impact Study section). The Hillsdale Avenue access aligns with E. Hill Park Street on the west side of the collector street and is proposed to provide the main accesses to the future multi-family residential and the daycare facility. Upon review by ACHD, the successive driveways proposed on the Hill Park Street extension did not meet district offset policies for full accesses. So, the Applicant added a 10-foot wide landscaped median 75 feet into the site to restrict the first two driveways to right-in/right-out only accesses. ACHD approved this revision, as seen on the revised preliminary plat. Staff supports this change in the traffic patterns to help assist with ingress and egress for the multi-family area of the site. This does not affect the overall traffic patterns for the site. Per the submitted plat and concept plan, the multi family area of the site is separated by one of the main entrances to the site, E. Hill Park Street. This segregation of areas includes the Clubhouse and Pool being on the opposite side of Hill Park Street from the highest number of multi family units. Although the Applicant is showing striping across this public road to help delineate the pedestrian walkway, Staff does not find ind this offers enough traffic calming for this anticipated high-trafficked pedestrian crossing. Therefore, Staff is recommending a condition of approval to add an approved traffic calming measure at the pedestrian crossing shown on the east side of the clubhouse lot traversing E. Hill Park Street. Traffic Impact Study Analysis: The proposed project proposes more than 100 units and therefore requires a Traffic Impact Study (TIS). The Applicant's traffic impact study has been analyzed by ACHD and specific conditions of approval are outlined in their staff report(see exhibit VIII.I). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the main access points for the project. According to the TIS, the proposed development is estimated to generate 2,599 additional vehicle trips per day and 266 additional trips per hour in the PM peak hour. Both the TIS and ACHD recommend multiple improvements to the adjacent public roadways with the first phase of development for Centerville Subdivision due to the level of service on Amity Road reaching level "F"once 60 additional PMpeak hour vehicle trips are generated, which equates to the first phase of development. Below are the required improvements that Staff is also including as DA provisions: Summary of Improvements Re wired by ACHD Intersection Improvement Threshold Hillsdale AvenuefArn Ity'Road Interim Signal 60 PM peak hour trips Amity Road/Amorita Avenue Dedicated eastbound right-turn With first phase of lane and westbound left-turn development lane Amity Road is scheduled to be widened to a 3-lane arterial between 2036 and 2040 and the TIS recommends placing this corridor as a high priority corridor to move the road widening project up in the ACHD CIP. In the interim, the turn lane improvements will be required with the first irst phase of development to help mitigate traffic concerns and provide safer traffic movement at the Amity Road project entrance. The Hillsdale Avenue/Amity Road intersection is shown on the Master Street Map to be reconstructed with a single-lane roundabout in the future but there is currently not enough right- of-way to require its construction at this time. Instead, the TIS and ACHD require an interim signal be installed at this intersection. Staff anticipates the improvements required by ACHD should help traffic flow and provide safer access to and from the proposed development. In addition to vehicular improvements to the adjacent public roadways, safe pedestrian access to Hillsdale Elementary to the west is discussed within the 77S and was of great concern by adjacent residents. In response, ACHD recommends installing a Rapid Rectangular Flashing Beacon (RRFB) crossing at either the Rockhampton/Hillsdale intersection south of this project or at the Hill Park/Hillsdale intersection. The Applicant and West Ada staff have discussed this and the Applicant has proposed to construct this dedicated crossing at the Hill Park/Hillsdale intersection because there is an existing crossing just south of the Rockhampton/Hillsdale intersection. This would offer an additional safe crossing for current and future residents to access the public facilities on the west side of S. Hillsdale Avenue. As additional residential density is added to this area,the mitigation methods utilized by the Applicant becomes increasingly important. In addition, expected road improvements and right- of-way requirements are important analysis factors in determining if a project should be annexed and approved for development. Therefore,Staff does have concern over the estimated increase of traffic from this development to this area with Amity Road in its current two-lane configuration.However, the required mitigation improvements may help disperse the added traffic from this development, according to the TIS and ACHD.As noted above, this factors into staffs recommendation to limit the future multi family residential to 128 units(a loss of 40 units)and reduce the overall density by one(1) unit per acre to 7.34 du/acre. D. Existing Structures/Site Improvements: The subject development consists of 3 parcels and originally contained two homes with associated accessory buildings. The home located along Amity Road is still on the property and the property is currently being used for agricultural production—it will be removed prior to development of the property.The manufactured home in the southwest corner of the site was removed in 2021.No other site improvements are currently known. E. Proposed Use Analysis: The Applicant is proposing multiple uses and different types of residential uses within this development—daycare facility,detached single-family, front-loaded townhomes,alley-loaded townhomes, and multi-family residential. In addition,a clubhouse with a pool is shown on the preliminary plat and is intended to be used by entire development,not just the future multi- family. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 11-2A-2 and is not a part of the application requests at this time—the Applicant will be required to submit a future CUP application if the Annexation and Zoning and Preliminary Plat requests are approved and conceptually include the multi-family residential use as proposed. All other proposed residential uses are principally permitted uses in the R-8 and R-15 zoning districts. Townhome single-family residential requires Design Review so Staff will analyze the proposed elevations in more detail with that future application. The Applicant has provided a phasing plan notating the project is to be constructed in four(4) phases and shows a majority of the single-family portion of the site to be developed in the first two phases and includes the accesses to Amity and Hillsdale Ave. and the large central open space in the first phase of development. The phasing plan shows the extension of the existing stub streets into the site and the remaining detached single-family occurring with the second phase of development. A majority of the multi-family is proposed with phase 3 and would also include the daycare facility. Lastly, the proposed clubhouse and pool,the remaining multi-family,and the only front-loaded townhomes(at the very southwest corner of the site) is proposed with the fourth and final phase of development and is located in the southwest quadrant of the project. As discussed in the comprehensive plan analysis sections above, Staffjinds the proposed uses and the proposed transitional densities/lot sizes offer appropriate and adequate transition from the existing neighborhoods. With Staffs recommended revisions to the multi family building heights, Staff ,finds the proposed development would not only be compatible with the surrounding neighborhoods but also enhance the existing character of this area. Specifically, all of the detached single-family lots proposed along the south and east boundaries are nearly identical in size and almost align with the existing lot lines of the adjacent residential developments. The Applicant has proposed these homes and those directly across the new local street to be within the R-8 zoning district which matches the zoning to the south (Boise zoning is different than Meridian's but the R-8 zoning is comparable to thatzoning of the Boise subdivision to the east). The remaining area of the site is proposed with the R-15 zoning district and the next band of building lots proposed are smaller in lot size as they move closer to the centralized open space and are still detached single-family building lots. West of the centralized open space and acting as a transitional housing type between the detached component of the project and the multi-family component is a block of alley-loaded townhomes that are multiple three Alex buildings. These homes have their front doors facing to the east towards a new local street and utilize the easternmost drive aisle of the multi family development for vehicular access to a tuck under garage. This allows a parkway with street trees to be incorporated into the streetscape of this street(shown as S. Stockport Way) and offers both a more attractive streetscape and a different housing type for this development. In addition, Staff finds it is a practical and appropriate transitional housing type between traditional detached single-family and the proposed multi family along Hillsdale Ave. The Applicant is also reserving a building lot for a future daycare facility at the northeast corner of the Hill Park Street and Hillsdale Avenue intersection. This use is permitted by right in the requested R-15 zoning district so there is no need to propose any commercial zoning to include this use. To help ensure this use is constructed, Staff is including a DA provision that Lot 30, Block 1,per the submitted pre plat, is reserved for a future daycare facility only. Staff notes that the inclusion of this commercial use is precisely what this area calls for and needs as more residential homes are constructed and because it is located so close to an elementary school. Because of these facts, Staff is recommending that this lot be platted with Phase 1 development instead of with Phase 3 as currently shown on the proposed phasing plan. Staff understands the daycare use is currently in high demand throughout the City so including its platting with Phase I is logical. This does not require that it is constructed with Phase I but it gives the Applicant more opportunity to construct it earlier in the process than with Phase 3 (likely years after Phase 1)as currently proposed. With Staff's recommended revisions noted throughout the staff report, Staff finds the proposed uses within this development match and enhance the existing neighborhood and commercial character of the immediate area. F. Dimensional Standards(UDC 11-2): The proposed building lots appear to meet all UDC dimensional standards for the requested R-8 and R-15 zoning districts in lot size, lot frontage, and proposed uses. All subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The Applicant has proposed two common driveways as part of the detached single-family portion of the site (Lot 28, Block 3 &Lot H, Block 5). Code has recently been revised to limit the number of units taking access from a common drive to four(4) total units, with no more than three (3) being allowed on one side of the drive. The submitted preliminary plat shows three (3) units taking access from each common drive. Stafffinds the proposed project complies with the subdivision design and improvement standards. G. Parking(UDC.11-3 Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion of the site(townhomes and detached)must comply with these standards and will be confirmed at the time of building permit submittal. Note: all local streets are proposed as 33 foot wide street sections which allow for on-street parking where no driveways or mailboxes exist. On-street parking cannot count for the number of off-street parking spaces required for detached single-family residential. The Applicant has provided data regarding the future multi family portion of the site on the submitted preliminary plat and shows 28 parking spaces in excess of code requirements based on the original request of 168 units (358 total spaces proposed; 330 minimum required). It is not clear if this parking includes the spaces required for the clubhouse which has been required to include parking at the standard nonresidential ratio of one space for every 500 square feet of gross floor area. The Applicant is showing dedicated parking for the daycare facility but the size of the building is not yet known so Staff will ensure adequate parking is included for that use with a future Certificate of Zoning Compliance application. A future CUP application will verb the minimum number of parking spaces required for the multi family development based on the number of bedrooms per unit and the required guest parking(1 space for every 10 units) that should be in effect at the time of CUP submittal. Furthermore, with Staffs recommended reduction in multi-/amily units,parking should not be an issue for the multi family area. The Applicant did not submit a separate parking plan for review. H. Sidewalks(UDC.] A-17): 5-foot wide attached sidewalks are proposed along all of the proposed local streets serving the detached single-family homes. 5-foot wide detached sidewalks with parkways are proposed adjacent to S. Stockport Way(the dividing street between the detached and townhome products), along E. Hill Park Street(the entrance to the site from Hillsdale Ave.),throughout the future multi-family development, and along both Hillsdale Ave. and Amity Road. The proposed sidewalks meet the standards listed in UDC 11-3A-17. The sidewalks in this development create connections throughout the project including to and from the multi-use pathway segment along Amity Road to the large open space area in the center of the development. All open space areas also appear to be directly adjacent to sidewalks and include micro paths which add to the pedestrian accessibility of the development and surrounding neighborhoods. Specifically, this development would add additional and safe routes to Hillsdale Elementary by extending existing pedestrian facilities from the adjacent subdivisions. In addition, the Applicant has worked with ACHD and West Ada School District to include construction of a dedicated Rapid Flashing Beacon (RRFB) crossing from this development to the west. This crossing is proposed at the intersection of E. Hill Park and S.Hillsdale and would provide an additional safe crossing for children from all areas east of Hillsdale Ave./Stockenham Way to get to and from school,the YMCA, and the public park safely. Therefore,Staff supports the sidewalk and overall pedestrian facilities for this development. I. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to E. Amity Road, an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. At least a 35-foot wide common lot is depicted along Amity Road on the revised preliminary plat and the submitted landscape plans appear to show landscaping in excess of code requirements. A 20-foot wide landscape buffer is required adjacent to S. Hillsdale Avenue, a collector street— the revised plat and landscape plans also show compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways(including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet of all pathways with the required and proposed number of trees are not included in the Landscape Calculations table on the submitted landscape plans. This should be corrected prior to Final Plat submittal. However, the correct number of trees appear to be shown on the submitted plans. The Applicant has proposed a micro- path in the southeast corner of the site to connect two blocks and the correct number of trees is shown on the landscape plans but there are no trees shown adjacent to the pathway to offer any shade. The pathway segment is slight over 100'which requires only one tree adjacent so the Applicant should move one tree from a portion of this common lot and place it next to the pathway to comply with UDC 11-3B-12C. The Cunningham Lateral currently bisects the very southwest corner of the project site so the Applicant is proposing to pipe and reroute this lateral placing it along the southern and eastern property boundaries in this area of the site. To help this area be more than simply a wide swath of grass, the Applicant is proposing a gravel path over the lateral that circumvents the front- loaded townhomes and connects from S. Hillsdale to one of the internal streets. Because of the irrigation easement associated with the lateral, no trees are allowed within its easement which presents an issue since the Applicant's open space exhibit shows this area as qualifying open space. In order to qualify as open space, the Applicant is required to landscape this area per code. With the encumbrance of the irrigation easement, the Applicant should submit for Alternative Compliance with the first Final Plat application to propose how the existing landscape plan meets or exceeds code requirements or propose an alternative that meets these standards. Common open space is required to be landscaped in accord with the standards listed in UDC I1- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and meets UDC requirements. J. Qualified Open Space(UDC 11-3G): Despite multi-family residential being the focus of a future CUP application the open space exhibit submitted by the Applicant is intending to show compliance with the standards for both the standard 11-3G-3 and the multi-family specific use standards in UDC 11-4-3-27. A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for the overall development, including the multi-family portion of the project. Based on the proposed plat of 38.95 acres,a minimum of 3.9 acres of qualified common open space should be provided to satisfy the requirements of 11-3G-3. In addition,because there is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards,UDC 11-4-3-27, also apply. Based on the requested number of multi-family units of 168, the minimum amount of open space required to satisfy the specific use standards is 0.96 acres of common open space. However, with Staff s recommended cap of 128 multi-family units, the minimum amount required would be 32,000 square feet, or approximately 0.74 acres. Combined,the required amount of minimum qualifying open space that should be provided is 4.86 acres,without Staffs revisions in place. This is reduced to 4.64 acres if Staffs recommendations are approved.The Applicant's open space exhibit shows a total of 5.64 acres (approximately 14.5%) of qualifying open space but it is unclear exactly how much of this area is for each code section. Regardless,the total amount exceeds the minimum required and it is clear per the open space exhibit and the landscape plans that the minimum 10% open space is met with this preliminary plat(see Exhibit VII.C). The future CUP application for the multi-family development will be required to show that the open space requirements in the specific use standards are met.The qualified open space consists of the required street buffers, the large centralized open space lot, and other smaller open space areas throughout the site that include additional pedestrian connectivity through the site. These areas exceed the minimum UDC requirements. K. Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat(38.95 acres), a minimum of two (2) qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The future CUP application and Commission meeting will determine the number of amenities required per UDC 11-4-3-27 for the multi-family portion of the site because it is proposed with over 100 units. The applicant proposes at least four(4)qualifying amenities to satisfy 11-3G-3 requirements; open space in excess of the requirements,picnic area with benches and shade structure, children's play structure,and public art.The Applicant is showing a clubhouse with a pool and tot-lot in the southwest area of the site and another tot-lot area in the northwest area of the site. These are located within the multi-family area of the development but all open space and amenities would be shared by everyone in the development. With the future CUP application,the Applicant will be required to show the amenities proposed throughout the entire site are enough to satisfy the specific use standards for multi-family development;additional amenities above what are being shown on the concept plan may be required. L. Fencing(UDC 11-3A-6, I1-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the submitted landscape plans and appears to meet UDC requirements. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted conceptual renderings of the housing types proposed with this project. Attached single-family homes (townhomes) and multi-family structures require Administrative Design Review(DES)approval prior to building permit submittal and will be handled with those future application submittals. The conceptual renderings submitted for all building types show multiple finish materials, roof profiles, home sizes, and color concepts. Based on the submitted renderings, Staff does not anticipate major issues or changes with future design review applications. Staff will ensure compliance with the ASMfor both the townhome and multi family residential when those applications are submitted. N. Waterways(UDC 11-3A-6): A segment of the Cunningham Lateral crosses the southwest corner of the subject project site. The Applicant is proposing to pipe and reroute this relatively small segment of the lateral and place it along the south and west boundaries of the site to provide more usable area for the development.Fencing and landscaping have been analyzed in other sections of the report that include analysis on the open space proposed over the new lateral easement area. The Applicant's proposal has been analyzed against UDC 11-3A-6 and Staff finds the proposal to pipe this segment of the Cunningham Lateral is compliant with code. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat application per the conditions of approval in Section VIII and the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 12, 2021 and October 21, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Becky McKay,Applicant Representative. b. In opposition: Please see public record here. c. Commenting: Becky McKay; d. Written testimony: A number of written testimonies were submitted, a vast majority of which were against the project. Please see the public record for these records— testimony. e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Allocation of density and lot sizes throughout the site relative to existing residential in the area, b. Desire to have more commercial and less high-density apartments within the project; c. Overall concerns with additional residents in this area and the impact to the roadways and neighborhood elementary school, Hillsdale Elementary; d. Discussions on how Staff measures and analyzes density of projects when multiple future land uses are present within a project site; e. Desire to reduce density further than Applicant proposed with the revised layout and removal of garden-style apartments; 3. Key issue(s)of discussion by Commission: a. Density of project and inclusion of apartment units in this area of the City; b. Amount of commercial originally proposed and analyzed by Staff and how it meets the C. Mixed-use Neighborhood future land use designation; A Ingress and egress for the proiect site relative to required road improvements to Hillsdale and Amit and subsequent timeline of required road improvements; e. Desire to have more commercial and less multi-family consistent with public testimony at both hearings; f. Support of revised layout that includes more attached single-family, commercial, and a new multi-family use(three 4-plex buildings); g` Amount and availability of parking for the areas surrounding the townhomes and increased commercial lots; 4. Commission change(s)to Staff recommendation: a. Commission did not make any additional changes to the Staff report beyond those noted within the Staff Memo dated October 15,2021 —subsequently, Section VII and Section VIII of this document have been revised to include the revised plans and recommended revisions to the conditions of approval noted in the memo. 5. Outstanding issue(s)for City Council: a. None C. The Meridian City Council heard these items on November 16,2021 January 4,2022. & on July 19,2022. At the July 19,2022 public hearing, the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requestst 1. Summary of the City Council public hearing a. In favor: Becky McKay,Applicant Representative._ b. In opposition: See public records linked below. C. Commenting: Becky McKay:Numerous members of the public,please see the meeting minutes here for each Council meeting-11/1612021,11412022,and 711912022. d. Written testimony: See public record here. e. Staff presenting application: Joseph Dodson,Associate Planner. £ Other Staff commenting on application: Bill Nary,City Attorney: Kristy Inselman, ACHD Representative: 2. Key issue(s)of public testimony: a. Consideration of future land use designations and how the City handles dual designations on the same property in terms of area,density, and reguired uses: b. Concerns with traffic study data implemented within the TIS and the anticipated traffic, impact of proposed development: C. School capacity and overcrowding throughout south Meridian,specifically with Hillsdale Elementary. d. Desire for less density and a site design more consistent with the existing neighborhoods to the south and east: e. School funding and the impacts the state legislature decisions have on projects in Meridian; f Safety issues surrounding streets adjacent to development and to and from elementary school: g Location of the proposed RRFB crossing; h. Sidewalk gap on west side of Hillsdale: i. Desire for a general moratorium on development in Meridian: 3. Key issue(s)of discussion by City Council: a. Revisions made by the Applicant to remove apartments and reduce the overall density by removing 108 units: b. Future land use designations and their ability to utilized within sites when more than one exists within the same project area: C. Can Council require more commercial within the project area regardless of the area of the future land use designations; d. Phasing of project and reasoning for placement of commercial specifically the proposed flex space buildings: e. Location of project in relation to the nearby elementary school (Hillsdale) and arterial streets and capacity of nearby schools(main reason for two continuances of project): f. Differences between West Ada report and information provided by board of trustee, ramifications thereof: g_ Location of the proposed RRFB crossing; h. Timeline of adjacent roadway improvements including those reguired to be constructed by the Applicant; icant; i. Sidewalk gap on west side of Hillsdale that is in lifetime trust timing of such redevelopment and potential of Applicant to construct this segment of sidewalk: js Number of units approved south of the interstate and their anticipated future impact to the schools and transportation network for informational pumoses only: 4. City Council change(s)to Commission recommendation: a. Require sidewalk along Hillsdale to be 10 feet wide instead of 5-foot: b. Work with ACHD to install traffic calming along Hillsdale at approllriate locations: C. Revise the provision concerning the timing of the RRFB installation at Hillsdale/E. Hill Park Street once sidewalk in front of the YMCA outoarcel is constructed and not before: VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Legal Description Centerville Subdivision—Annexation A parcel being the NW%of the NE%of Section 33,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,and more particularly described as follows: BEGINNING at a Brass Cap monument marking the northwest corner of said NW'%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'%of the NE'%S 89°14'44"E a distance of 1330.22 feet to a point marking the northeast corner of said NW'%of the NE'%, Thence along the easterly boundary of said NW'/.of the NE'%S 0022'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'/a of the NE%; Thence along the southerly boundary of said NW'%of the NE'%N 89°27'31"W a distance of 1329.05 feet to a point marking the southwest corner of said NW'%of the NE%, Thence along the westerly boundary of said NW'%of the NE'%N 0°19'12"E a distance of 1329.10 feet to the POINT OF BEGINNING. This parcel contains 40.49 acres and is subject to any easements existing or in use. Clinton W.Hansen,PLS oNPL LANoLand s June Solutions,PC ��G TER G 24,2021 p4- CL °�I yl$4 _ OF �O�co T0N Lin--dS)Olutions Centerville Subdivision Job No.20-16 L,.'�r�a s�Neviny am con.wnny Page 1 of 1 CENTERVILLE SUBDIVISION - ANNEXATION EXHIBIT THE NW'/4 OF THE NE'/4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO BASIS OF BEARING 'POINT OF E. AMITY ROAD 29 28 N89'15181w 28 BEGINNING S89°14'44"E E 1/16 28 27 _ 1330.22' 1330.22' 32 33 2660.59' 331/4 S89'14'44"E 33734 LLJ z c o zm = _ CD m - n C— I"7 (+d Iv] TOTAL ANNEXATION AREA = 40.49 ACRES E. HILL PARK ST. LEI O mg R_ x$ O N S? 2 C w i� >s ram. CN 1/16 --YE N89'27'31"W 1324.05' NE 1/1sN SUBDI 90N N0.1 HOYRtI-NE SUBDI SIGN N0.2 JCRs o 2 _N ol� c1/4 I p,L LA ivo 6� S T R �G o � F a N� 18 o 12y(1 I La no Lt l uti n 0' 150' 300' 600' ti TF 0 F \�P 5� Land:-)u-ieying and Consulting 231 E.5TH ST.,STE.A TON W°NP MERIDIAN,ID 83642 (208)288-2040 (208)2882557 fax NNnv antlsoluli,n ba JM No.20-16 CENTERVILLE SUBDIVISION - REZONE EXHIBIT THE NW'/4 OF THE NE Y4 OF SECTION 33,T3N, R1 E, BM,ADA COUNTY, IDAHO POINT OF BEGINNING E. AMITY ROAD 29 28 BA BEARING 28 C-C ZONE 18 W S89'14'44"E 1330.22' E 1/i6 1330.22 28 27 32 33 .59' 1/4 33 L10 681.60' 459'90' S89'14'44 � I _ _ 33 34 IJ POINT OF POINT OF I J r BEGINNING BEGINNING a wQ �`'' R15 ZONE R8 ZONE Ic-' o vi fig, I � �� IN, J L4 06 2 n U N I O n <o J co I II xm C7 �w IN `� I &" I to 1:M I C14� R-15 ZONE I �' J J AREA=24.17 ACRES 11n E. HILL PARK ST. o ^Icn S� I o �a �z I (n_ O z c jL5 459.40' J `o N8914'44"W"— L8 L7"�- R-8 ZONE �� rnr AREA=13.38 ACRES aa 444.00' 885.05' CN 1/16 -- N89'2T31"W 13zs.o5' Nam,/ifi HOWRY LANE Il SUBDIVISION N0.1 HOWRY UNE SUBDIV1510N N0.2 olo N N1�2 /— LINE TABLE CURVE TABLE LINE # LENGTH DIRECTION CURVE # LENGTH RADIUS DELTA BEARING CHORD L1 174.00' SO'47'14"W Cl 7.71' 347.00' 176'25" S7'38'12"E 7.71' L2 47.37' S6'25'57"E C2 31.42' 20.00' 90'00'00" S45-45-16"W 28.28' C 1/4 L3 95.00' SO.45'16"W LINE TABLE (CONT.) y�ONP S T�D y,G L4 179.00' S89'14'44"E LINE # LENGTH DIRECTION LINE # LENGTH DIRECTION L5 16.72' S81'43'35"W L10 188.72' S8974'44"E L13 146.91' S9'00'00"W L6 79.75' SO'08'44"W 1 1 1 18 ut 175.85' S019'12'W L14 50.72' S019'12"W CL L7 47.00' N8914'44"W N�(0 12I2��0= L12 29.40' 51725'38"E L15 175.50' N89'40'48"W ) q \OQ. LB 60.13' N89'14'44"W �T of tJ� L9 170.12' SO'45'i6"W 0N w.NP n ' T r.I 1 0' 150' 300' 600' Land u ieying and Consulting 231 E.STH ST.,STE-A MERIDIAN,ID 83642 (206)28862040 (208)28862557 fax ww.landWulions.biz JOB 40.2, Legal Description Centerville Subdivision —C-C, R15 and R8 Rezone Parcels being portions of Lots 1 and 2 of Block 1 of Garoutte Acres Subdivision as shown in Book 60 of Plats on Pages 5900 through 5901, records of Ada County, Idaho,and the NW'%of the NE Y.of Section 33,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho,and more particularly described as follows: C-C REZONE BEGINNING at a Brass Cap monument marking the northwest corner of said NW%of the NE'/4, from which an Aluminum Cap monument marking the northwest corner of the NW % of said Section 33 bears N 89°15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'/< of the NE '/< S 89014'44" E a distance of 188.72 feet to a point; Thence leaving said northerly boundary S 0°19'12"W a distance of 175.85 feet to a point, Thence S 17°25'38" E a distance of 29.40 feet to a point; Thence S 0°19'12"W a distance of 271.47 feet to a point; Thence S 9°00'00"W a distance of 146.91 feet to a point; Thence S 0°19'12"W a distance of 50.72 feet to a point; Thence N 89°40'48"W a distance of 175.50 feet to a point on the westerly boundary of said NW /<of the NE'/<; Thence along said westerly boundary N 0019'12" E a distance of 672.70 feet to the POINT OF BEGINNING. This parcel contains 2.95 acres and is subject to any easements existing or in use. R-15 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'%of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW'%of said Section 33 bears N 89'15'18"W a distance of 2660.59 feet; Thence along the northerly boundary of said NW'/< of the NE '/< S 89014'44" E a distance of 188.72 feet to the POINT OF BEGINNING, Thence continuing along said northerly boundary S 89°14'44" E a distance of 681.60 feet to a point; Thence leaving said boundary S 0°47'14"W a distance of 174.00 feet to a point; Thence S 6°25'57" E a distance of 47.37 feet to a point, �..Z6141'+C�lkitiii ns Centerville Subdivision 33 Job k�� IanE Surveying and ConsWtloy Page 1 of 3e 1 Of 3 Thence S 0'45'16"W a distance of 95.00 feet to a point; Thence S 89°14'44"E a distance of 179.00 feet to a point; Thence S 0'45'16"W a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 459.40 feet to a point; Thence S 81°43'35"W a distance of 16.72 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius non-tangent curve right,said curve having a central angle of 1°16'25"and a long chord bearing S 7°38'12"E a distance of 7.71 feet to a point; Thence S W08'44"W a distance of 79.75 feet to a point; Thence N 89°14'44"W a distance of 47.00 feet to a point; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius non-tangent curve right,said curve having a central angle of WIDOW"and a long chord bearing S 45°45'16"W a distance of 28.28 feet to a point of tangency; Thence N 89°14'44"W a distance of 60.13 feet to a point; Thence S 0°45'16"W a distance of 170.12 feet to a point on the southerly boundary of said NW %of the NE%; Thence along said southerly boundary N 89°27'31"W a distance of 444.00 feet to a point marking the southwest corner of said NW%of the NE%; Thence along the westerly boundary of said NW'/4 of the NE'/4 N 0°19'12"E a distance of 656.40 feet to a point; Thence leaving said boundary S 89040'48" E a distance of 175.50 feet to a point; Thence N 0019'12" E a distance of 50.72 feet to a point; Thence N 9°00'00" E a distance of 146.91 feet to a point; Thence N 0019'12" E a distance of 271.47 feet to a point; Thence N 17°25'38"W a distance of 29.40 feet to a point; Thence N 0019'12" E a distance of 175.85 feet to the POINT OF BEGINNING. This parcel contains 24.17 acres and is subject to any easements existing or in use. R-8 REZONE Commencing at a Brass Cap monument marking the northwest corner of said NW'/4 of the NE %, from which an Aluminum Cap monument marking the northwest corner of the NW%of said Section 33 bears N 89015'18"W a distance of 2660.59 feet, �a'n�oilllutbons Centerville Subdivision Job No.2 ��' Lana ­ ana Consulling Page 2 of of 3 3 Thence along the northerly boundary of said NW '/< of the NE '/4 S 89°14'44" E a distance of 870.32 feet to the POINT OF BEGINNING; Thence continuing along said northerly boundary S 89°14'44" E a distance of 459.90 feet to a point marking the northeast corner of said NW'/4 of the NE'/4; Thence along the easterly boundary of said NW'/4 of the NE'/4 S 0022'10"W a distance of 1324.15 feet to a point marking the southeast corner of said NW'/4 of the NE'/4; Thence along the southerly boundary of said NW'% of the NE '/4 N 89°27'31" W a distance of 885.05 feet to a point; Thence leaving said southerly boundary N 0°45'16" E a distance of 170.12 feet to a point; Thence S 89°14'44" E a distance of 60.13 feet to a point of curvature; Thence a distance of 31.42 feet along the arc of a 20.00 foot radius curve left, said curve having a central angle of 90°00'00"and a long chord bearing N 45045'16"E a distance of 28.28 feet to a point; Thence S 89°14'44" E a distance of 47.00 feet to a point; Thence N 0°08'44" E a distance of 79.75 feet to a point; Thence a distance of 7.71 feet along the arc of a 347.00 foot radius curve left, said curve having a central angle of 1°16'25" and a long chord bearing N 7°38'12"W a distance of 7.71 feet to a point; Thence N 81°43'35"E a distance of 16.72 feet to a point; Thence S 89°14'44"E a distance of 459.40 feet to a point; Thence N 0045'16" E a distance of 731.29 feet to a point; Thence N 89°14'44"W a distance of 179.00 feet to a point; Thence N 0'45'16" E a distance of 95.00 feet to a point; Thence N 6°25'57"W a distance of 47.37 feet to a point; Thence N 0047'14" E a distance of 174.00 feet to the POINT OF BEGINNING. This parcel contains 13.38 acres and is subject to any easements NPR LA Np existing or in use. 5`° T E SG Clinton W. Hansen, PLS Land Solutions, PC a 11118 Revised October 12, 2021 In, (0112�z,�� _ o F TON W Lzi ,�/olutian3 Centerville Subdivision a�.7 Job No.20-16 Q,' Lan4 Surveying an4 Conzulcinq Page 3 of 3 B. Revised Preliminary Plat(dated: W30,12024-Revision date of 10/8/2021 smounipS C18D:)3H jC H9NMO iovipco -NOISIAIQHRS 9 ONAVEN197N3 -H7]NNVId dIF BREHM ­4 1, 5 VA J2 oli�K-- 7 19p,!R H, H U j'AU ---------- ji ----------- 17-7 --77 -7-1 7-1 —7— r—T",'11 L I i'j! 7 1.%. rh L L L wm JA 11 a J 7 ----- —----- lvl�ARVNIINIIRwd VOISIAlagag 080.038 dO 83PW 83d*13A36 iOViNGO CL iJ3NNVId -----—--------- jtl lj� n, 15, m r 2­4 U- 4 i .......... 9 wz F—'I E 1/16 589'14'4�"C 19'17 W A'_ — _=_ —s89"14'44*E 1130.19' — 1 17 7 ✓r I � � 1 eLxM 2 )rl +I I"I III 3 T f +i z a 5 6 e e c 1 r 15 1ii, L. � 0. 340 39 36 37 % 35 34 32 u 1t 31 35 29 R-1 PROPOSED' 46i 2i c I d5 27, 28— zor1E c c � -K II I : 2 3 4 .5 6 7' 8 78 k P ED 25 m zc ..-8 ---------- -t2 2{ � II Is 2 EHB 211 - 's1—__ 38 } r p y p I _I 21 F� li _HL PAR K SASE'" �• FLP.CK 4 15 ; �# . { �. ' 4yx -�, 2 r PROPOSED � sz 5. I 5 7 I b 3 I� I IiccK 6 �' ZONE R-15 A. / 26 27 28 25 24 23 22 m 5 II I 37 �38- g i ' �� fi S 1r 2t� I dQ' 3 -1-- -- 12.'-i t t 20 19 18 17 16 15 14 13 12 11l A ..747 18 2s �1 3 ' PRO D - r :r ', fa-t6) to fz - onr,c u14is -5 ZOA R 20tlfE_wl'$ w owum ST. 4t-'--� rl`�' ri I4-8) 8 5 37 3U CF' I 23 2F 25 -15zCH i 28 •.`t S v x -----------.� �n L y j�= S7 62 6 1 66 67 - - TT 4 E 1116 NB9'27'31 V 1309.05' `, C. Open Space Exhibit(NOT APPROVED—needs to be revised to match layout revisions) N E. AMITY ROAD E. AMITY ROAD 0 V ; I�- _ E. HILL PARK ST. ` xSITE AREA = 38.95 ACRES TOTAL QUALIFIED OPEN SPACE = 5.64f ACRES (14.48%) PRELIMINARY QUALIFIED OPEN SPACE CENTERVILLE SUBDIVISION 1" = 200' LOCATED IN THE NE } OF SECTION 33, T.3N., RA E., B.M. ADA COUNTY, IDAHO r _ a ,1 ROME rr■! 1 Rim TV r ti■� � I f `r � ��'�■■ ■ ®o �� 1 oil wz's , j �. Ili■\ a ar_- �. VISION ■©�el! (i �I e � i_ /N KZX■w �■i mil. ob Vr-MRRI Sa ra g'"ifts Ed Ifl� !■� �®i�� to �� _ - ` l 1lN.c Job a■!� �� ♦' II �5� �l � 'dim=®'•r:-�.: �(i ��5 r� — - ME Frl `r � d■ ■© NINE 11-a nun a Han J1 5 N1 I I N! id 1 NO RJ nib 41, ON 54 lot T R I -a . yy BOO ME z NON 11 1 it 1191111 list Ell 1 7 �X T- 1 1 tt OO In Lij SUN HUN!! Ede) At LU FA 91 UU S KIIDYFAI[�IC ,,t�g W S gyp'. la- NEI Min rn - I 1 I J fl 0 M is Tn Fl o �-w ., CENTERVILLE SUBDIVISION r ; a MERIDIAN,ID Y ! •at a z PRELIMINARY PLA TLA NDSC/PE PLAN "s c A''/ti1tC s mrrr�relrwr iru p g v pe, ' r z I � � a i — '- -111111 � frs I r Y Z+ _ I afA O� 3 _III II _ �� 10 A wly 1, till_ m , Im -� rr7y _III --�-�-� •L'�.5��� _ ITI .— a�� l v -- E z a x CENTERVILLE SUBDIVISION MERIDIAN • r i �i . ID. „ des e� 3 Y [PRELIMINARY PLAT LANDSCAPE PLAN 7J t J:A U < V uz 56 Al A z rK 4 Eq� n-1 rm ro rig"! p-p N Al Tt� qq p F-p PRELIMINARY CEN MERIDIAN,ID ERVILLE -SUBDIVISION CENT PLAT LANDSCAPE PLAN E. Proposed Phasing Plan 1—F-1 T-) - r i '" WE u 1-1 —J ago ------------ f .hhUUVV �. --%W / L Y 14'4�$ 1 ' t9'12Yf a—"^—'� . .+.—�14'44 E 113DAjw5w 77 1-4 lC M —513 tr S 4 LUC H 7!. It-1 51 II ,I 1 V II I KF PR I J I r tQjS r Ke Aff mar — — — t] p"• $�—a — +�� P. PROPMED ZONE RAS -- x F A n .• I16ROPOD I x. 1 �� t• c e+ m � +� a. �, I 1 � y I f.ALbal►'4Y St hk yi4'k �.p��� i I. I I __—_ _-_r ____ �h�i�thy, I AIK f ' I I • R r F. Common Drive Exhibits 10 12 13 14 BLOCK 3 N. 15'RFAR 15'REAR 15 REAR FENCE (SEE LANDSCAPE PLAN) 16 (,- 32 11 31 30 29 HOME COMMONS HOME _ I HOME ' �i HOME iN III ORIENTATION LOT ORIENTATION i"'"'i ORIENTATION iu'u'i ORIENTATION J I'OL GE)FROM ¢0'LGARAGE)FRONT 20q?A CE)FRONT! LOLNGG)FRONT] �10'(1-MNG)FRONT L 10,(WING)FRONT n Y 17 � FENCE (WILL NOT EXTEND PAST 28 FENCE(SEE FRONT PLANE OF DWELLING), (TYP.) CEP Eo—� LANDSCAPE E. DALRYMPLE Si. PLAN) N � i 27 9 < � � { ACCESS NOTE ��, ---i------------------• LOT 27: ACCESS FROM PENNVILLE AVE. • PER CITY OF MERIDIAN 10 a 26 UDC 1,1-6C-3D.5 CENTERVILLE PRELIMINARY PLAT (COMMON DRIVE EXHIBIT) EXHIBIT-A = 3C' z w 6 a¢ 35 Vl .., _ 5 SIDE- - N FENCE (WILL NOT EXTEND PASS FRONT PLANE OF DWELLING), (TYP.) % n 7 !a i i o i E. HILLSONC ST. '------------------------) 5'SIDE _ . ., �A--------5 SIDE-------� a o 8 n i z o �--------"� � 5'SIDE i 11 } � 5') 20' MIN. _5'SIDE---------� z HOME SHARED DRIVEWAY ORIENTATION j I j I ig iz j 13 12 1- ----z--------------- i W 5'510E rs--ti--------5 SIDE---------� a 0 33 f z o 10 o I� z '---1-`---- -----J 5'SIDE ACCESS NOTE FENCE (SEE LOT 7: ACCESS FROM LANDSCAPE PENNVILLE AVENUE. 25 26 PLAN) 27 LOT 12: ACCESS FROM BLOCK 5 HILLSONG STREET. • PER CITY OF MERIDIAN UDC 11-6C-3D.5 CENTERWLE PRELIMINARY PLAT (COMMON"DRIVE EXHIBIT) 1 = 30' EXHIBIT-B G. Conceptual Building Elevations COH XOMES CENTERVILLE SINGLE FAMILY ON 50'WIDE LOTS _ R 4RI ('.SH HOMLS CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS ®Fmn ®®®® 1111 CC 1■1 c+l eke � ee7-1 CBH -ES CENTERVILLE FRONT LOAD TOWNHOME VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat,phasing plan,concept plan,landscape plan,open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. Future development shall be generally consistent with the proposed phasing plan, specifically that no more than 30 homes shall be constructed prior to both the Hillsdale Avenue and the Amity Road accesses being constructed. c. With the first phase of development, the Applicant shall construct a dedicated westbound and eastbound turn lane on E. Amity Road at the S. Amorita Avenue entrance(as labeled on the preliminary plat)and construct an interim signal at the E. Amity Road and S. Hillsdale Avenue intersection,per the ACHD staff report and the Traffic Impact Study. d. With the€mot tease efdevelopme t-,the Applicant shall construct a Rapid Rectangular Flashing Beacon(RRFB)crossing at the S. Hillsdale Avenue and E. Hill Park Street intersection when the sidewalk gag located at 5175 S, Hillsdale Avenue(Parcel R3530800300)is constructed. e. Per the submitted and revised preliminary plat, Lot 3058, Block 1 shall be reserved for a future daycare facility and Lots 17, 59, & 60, Block 1 shall be reserved for future commercial uses. f. All future pedestrian crossings within the subdivision that traverse a driving surface future rulti4awAly--residential a ea-ef4he-site shall be constructed with brick,pavers, stamped concrete, colored concrete or similar to clearly delineate the driving surface from the pedestrian facilities,per UDC I I-3A-19B.4b. g. No building permits shall be submitted until the final plat for the associated phase is recorded. h. The required landscape street buffers and detached pedestrian facilities shall be constructed and vegetated with the first phase of development along E. Amity Road and S. Hillsdale Avenue,including a 10-foot wide sidewalk along the Hillsdale frontage as required by City Council. i. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC I I-3A-6,per the submitted preliminary plat and concept plan. . The€t r-e-multi-€anvily development shall Benstmeted-with ne more `' with all--12 than es-446 k. Multi-family residential is not approved with these applications and a future Conditional Use Permit is required per the use table in UDC 11-2A-2 for the R- 15 zoning district. 1. All open space and amenities throughout the development shall be shared by the single-family-and rnttlti famil� all portions of the development; the future Conditional Use Permit application shall show continued compliance with all open space and amenity requirements for the development as a whole. m. The elevations/facades of 2-story structures that face E. Amity Road, an entryway corridor,and S. Hillsdale Avenue Street, a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses,step-backs,pop-outs), bays,banding, porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. n. Prior to the City Council hearing, the Applicant shall submit a Private Street application and pay the applicable fee for the proposed private streets in the west half of the site for access to the townhome units and commercial building lots. 2. With the first final plat submittal, submit documentation from ACHD that the Applicant and ACHD have worked to install appropriate traffic calming along Hillsdale Avenue and S. Stockenham Way. 3. The preliminary plat included in Section VII.B,dated July 2A24 October 8, 2021, is approved as submitted.shall-be remised es€elleirei �lasubial: a— evide�s salig ea -Mill lea c*r� - e��edesia eessgs-sl�e�vn between the seuth-al l-new mul family building {het�3;Blee1E met ; Hleek-H)-.Geerdinate wick Meri4ian-Fife-and-AG14D as-a ieable- 4. The landscape plan included in Section VII.D,dated Jane-q.242-�October 15, 2021, is approved as submitted.shall be ed-as-€ellews-at-least--ten(!8)days der--t-s-the-C4ty Eennei-l-hearil3g „,�� a. Revise the I., aseape plans te-fnateh he ev1Sef1---Ii­inafy b. Dom iTAG-44-4B 12G-p4ac-e at least-ene wee ale�rg the nic a-bath legated ex�e Hleek-J as-labeled-en the-wised-pfelimia y-plat: 5. The Applicant shall apply for Alternative Compliance with the first Final Plat submittal to propose an adequate alternative for the required pathway landscape requirements for the proposed gravel path over the Cunningham Lateral in the southwest corner of the site, in accord with UDC 11-5B-5. 6. An exhibit shall be submitted with the applicable final plat application that depicts the setbacks, fencing,building envelope,and orientation of the lots and structures accessed via the common driveways (shown as Lot 28, Block 3 &Lot 11, Block 5); if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street, the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6, UDC Table 11-2A-7, UDC Table 11-2B-3 and those listed in the specific use standards for the future multi-family development, UDC 11-4-3-27. 8. 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 and for the Proposed nonresidential uses at the applicable ratio. 9. The Applicant shall comply with all ACHD conditions of approval. 10. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the first final plat phase which contains this use. 11. The Applicant shall obtain Administrative Desijzn Review and Certificate of Zoning Compliance approval for each commercial building consistent with UDC requirements prior to building permit submittal for each building. 12. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Fivemile Creek to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 13. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 15. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. 17. Prior to building permit submittal for any structure in each phase,the Applicant shall record the associated final plat for that phase. 18. Prior to issuance of Certificate of Occupancy on any building, the applicant shall submit public access easements for any multi-use pathway proposed with the development to the Planning Division for approval by City Council and subsequent recordation. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 All water and sewer mains, fire hydrants,and water meters must either be located in public right of way or be covered by a minimum 20-foot-wide utility easement,or 30-foot-wide minimum combined water and sewer easement. Easements shall be centered on the main, with a minimum of 10 foot on each side of the main. Easements shall have no encroachments of permanent structures including but not limited to buildings, carports,trash enclosures, trees, shrubs, fences, etc. 1.2 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. These standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT(MFD) https://weblink.meridianciti�.orQ/WebLink/DocView.aspx?id=234511&dbid=0&repo=Meridian C itv&cr=1 D. POLICE DEPARTMENT(MPD) https://weblink.meridiancity.orjz/WebLink/Doc View.aspx?id=232736&dbid=0&repo=Meridian C itv E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciti�.orz/WebLink/DocView.aspx?id=234049&dbid=0&repo=Meridian C itv F. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.orjz/WebLink/DocView.aspx?id=233030&dbid=0&repo=Meridian C itv G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancih,.orQ/WebLink/Doc View.aspx?id=233224&dbid=0&repo=MeridianC iu H. WEST ADA SCHOOL DISTRICT(WASD) hays://weblink.meridiancity.orjz/WebLink/DocView.aspx?id=267302&dbid=0&repo=Meridian C iu 1. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity,.orzlWebLink/Doc View.aspx?id=234509&dbid=0&repo=MeridianC iu J. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https://weblink.meridianciti�.orQ/WebLink/Doc View.aspx?id=234532&dbid=0&repo=Meridian C iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall,at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8, R-15, and C-C zoning districts and subsequent development is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available within the City and within this area. City Council finds the proposed development is generally consistent with the purpose statement of the residential districts included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to,school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. Because of the proposed addition of differing dwelling types, neighborhood serving commercial uses, and the general site design, City Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat, with Staffs recommendations and the Applicant's revisions, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police, Fire,ACHD, etc.). (See Section VII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Staff is not aware of any health,safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has approved the proposed internal road layout and has required road improvements adjacent to the site. So, City Council finds, if all recommended conditions of approval are met, the proposed development meets this finding. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic, or historic features on the subject sites and therefore finds the development meets this finding. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Heron Village H-2021-0027) Between the City of Meridian and PPHC Heron Property LLC (Owner/Developer) and HHP Heron Property LLC (Owner/Developer) for Property Located at 51, 125, and 185 E. Blue Heron Ln. ADA COUNTY RECORDER Phil McGrane 2022-084262 BOISEIDAHO Pgs=48 NIKOLA OLSON 10/05/2022 09:00 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. PPHC Heron Property LLC; HHP Heron Property LLC, Owners/Developers THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 4th — day of October_, 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 PPHC Heron Property LLC, whose address is 28717 Grumman Dr., Eugene, Oregon 97402, and HHP Heron Property LLC, whose address is 28717 Grumman Dr., Eugene, Oregon 97402, as tenants in common, hereinafter called OWNERS/DEVELOPERS. 1. RECITALS: 1.1. WHEREAS,Owners/Developers are the sole owners,in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A-I",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property;and 1.2. WHEREAS, PPHC HERON VILLAGE LLC, a Delaware limited liability company,whose address is 28717 Grumman Dr.,Eugene,Oregon 97402,and HHP HERON VILLAGE LLC, a Delaware limited liability company,whose address is 28717 Grumman Dr., Eugene, Oregon 97402, as tenants in common ("Phase I Owner"), are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A-2",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Phase I Property; and 1.3. WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners/Developers make a written commitment concerning the use or development of the subject Property; and 1.4. WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning DEVELOPMENT AGREEMENT—HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 1 OF 13 of land;and 1.5. WHEREAS, Owners/Developers have submitted an application for annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from the C-G and R-8 zoning districts to the R-40 zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made. Phase I Owner consents to rezoning part of the Phase I Property from the C-G zoning district to the R-40 zoning district as described above and how the Phase I Property will be maintained as outlined below; and 1.6. WHEREAS, Owners/Developers made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made;and 1.7. WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.8. WHEREAS, on the 5th day of April, 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 1.9. WHEREAS, the Findings require the Owners/Developers to enter into a Agreement before the City Council takes final action on final plat; and 1.10. WHEREAS,Owners/Developers deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request;and 1.11. WHEREAS, City requires the Owners/Developers to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 2 OF 13 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1. CITY: means and refers to the City of Meridian, a party to this Agreement,which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2. OWNERS/DEVELOPERS: means and refers to PPHC Heron Property LLC, whose address is 28717 Grumman Dr., Eugene, Oregon 97402, and HHP Heron Property LLC,whose address is 28717 Grumman Dr.,Eugene, Oregon 97402,hereinafter called OWNERS/DEVELOPERS,the party that owns and is developing said Property and shall include any subsequent owner(s) and/or developer(s) of the Property. 3.3. PHASE I OWNER: means and refers to PPHC Heron Village LLC, a Delaware limited liability company, whose address is 28717 Grumman Dr., Eugene, Oregon 97402, and HHP Heron Village LLC, a Delaware limited liability company, whose address is 28717 Grumman Dr.,Eugene, Oregon 97402, hereinafter called PHASE I OWNER, the party that owns Phase I Property and shall include any subsequent owner(s)and/or developer(s) of the Phase I Property. 3.4. PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A-1" describing a parcel to bound by this Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 3.5. PHASE I PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A- 2 describing a parcel to bound by this Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1. The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 3 OF 13 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developers shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Owners/Developers shall share access,parking, amenities and open space pursuant to that certain Declaration of Reciprocal Easement and Shared Use Agreement between Owner/Developers and Phase I Owner. C. Owners/Developers shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave. to 15 feet wide (or as approved by Meridian Fire), capable of supporting an 80,000- pound fire truck with bollards on either end to allow secondary emergency access. d. Owners/Developers shall enforce the Letter Agreement between Owners/Developers and Phase I Owner requiring Phase I Owner to convert all existing enclosed garages within Phase I Property to carports. e. Only carports are permitted for covered parking in Phase Two. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1. Acts of Default. In the event Owners/Developers, 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 Owners/Developer's default of this agreement, Owners/Developers shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 4 OF 13 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 Owners/Developers that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651IA,have the right,but not a duty,to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property,including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re- zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owners/Developers reserve all rights to contest whether a default has occurred. 7.4. Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5. Delay. In the event the performance of any covenant to be performed hereunder by either Owners/Developers 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 Owners/Developers 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: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that applyto said Property. DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 5 OF 13 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners/Developers,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners/Developers agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners/Developers to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: with copy to: City Clerk City Attorney Attn: James P. Estes City of Meridian City of Meridian Schwabe, Williamson& 33 E. Broadway Ave. 33 E. Broadway Avenue Wyatt, P.C. Meridian, Idaho 83642 Meridian, Idaho 83642 1211 SW 5th Ave. Suite 1900 Portland, OR 97204 OWNER/DEVELOPER: OWNER/DEVELOPER: PPHC Heron Property LLC HHP Heron Property LLC 28717 Grumman Dr. 28717 Grumman Dr. Eugene, Oregon 97402 Eugene, Oregon 97402 Attn: Mark Garber Attn: Randall M. Nations DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 6 OF 13 PHASE I OWNER: PHASE I OWNER: PPHC Heron Village LLC HHP Heron Village LLC 28717 Grumman Dr. 28717 Grumman Dr. Eugene, Oregon 97402 Eugene, Oregon 97402 Attn: Mark Garber Attn: Randall M. Nations 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 parry 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 ofthe 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 Owners/Developers, 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 Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each parry shall act reasonably in giving any consent,approval,or taking any other action under this Agreement 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 7 OF 13 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 Owners/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 Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1. No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 8 OF 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hcreinabove provided. OWNER/DEVELOPER: PPHC HERON PROPERTY LLC, an Oregon limited liability company By: Pinnacle Properties Holding Company LLC, an Oregon limited liability company Its: Member By: _ — 0-- .— Mark Garb r, Manager STATE OF OREGON ) )ss. County of This instrument was acknowledged before me this_21 day of September, 2022, by Mark Garber, in his capacity as Manager of Pinnacle Properties Holding Company LLC, an Oregon limited liability company,the Member of PPHC HERON PROPERTY LLC,an Oregon limited liability company, on behalf of the company. OFFICKL STAMP Notary Publi for Oregon #JWENNIFER LYNN AUTREYNOTARY PUBLIC-OREGON Commission No.: 1 U� 5 JCOMMISSION NO.1001b59My Commission Expires: 1_, D2- /COMMISSION EMRES JULY 21.M4 DEVELOPMENT AGREEMENT-HERON VILLAOE(PHASE 2)(H-2021-0027) PACE 9 OF 13 OWNEWDEVELOPER: I II II' HERON PROPERTY LLC, an Oregon limited liability company By: Highland I-louse Property, LLC, an Oregon limited liability company Its: Member 13y. �,W Randall M. Nations, Manager A R 00k)A S"I'A'I'E OF 0ff6ON ) ) ss. County of Cg ) 'I'his instrument was acknowledged before me this ZZ day of September, 2022, by Randall M. Nations, in his capacity as Manager of Highland House Property, LLC, an Oregon limited liability company, the Member of Ill 113 HERON PROPER"fY LLC, an Oregon limited liability company, on behalf of the company. Notary Public for OYegoft Commission No.: S-oc I Z My Commission Expires: L9 •ZD2 ANNE MARIE FITNESS Notary Public-Arizona MARICOPA COUNTY �s, .�• Commisslon#580172 F*Irss April 19, 2024 DEVELOPMENT AGREEMENT-I IERON VILLAGE(PIIASE 2)(11-2021-0027) PAGE 10 OF 13 PHASE I OWNER HEREBY CONSENTS TO THE AGREEMENT: PPHC HERON VILLAGE LLC, a Delaware limited liability company By: Pinnacle Properties Holding Company LLC, an Oregon limited lia 'lity company Its: Member By: Mark 64irber, Manager STATE OF OREGON ) ss. County of This instrument was acknowledged before me this 9.1'0 day of September, 2022,by Mark Garber, in his capacity as Manager of Pinnacle Properties Holding Company LLC,an Oregon limited liability company,the Member of PPHC HERON VILLAGE LLC, a Delaware limited liability company,on behalf of the company. �.- _1 7 �l UX✓ OFFICLkL STAMP Notary Public or regon JENNIFER LYNN AUTREY Commission No.: i() NOTARY PUBLIC-ORECON M Commission Expires: _ I �(�"J- COMMISSION NO.1001659 y p � _� MY COMJiSSION EXPIRES JULY 21,2024 DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(H-2021-0027) PAGE 11 OF 13 PHASE I OWNER HEREBY CONSENTS TO THE AGREEMENT: 1-11-IP 1-IERON VILLAGE LLC, a Delaware limited liability company By: I Iighland I louse Property, LLC, an Oregon limited liability c m any Its: Member By: Randall M. Nations, Manager STATE OF OPrE-60N ) ) ss. County of hactcoml ) This instrument was acknowledged before me this.Z2_ day of September, 2022, by Randall M. Nations, in his capacity as Manager of Highland I-louse Property, LLC, an Oregon limited liability company, the Member of 1-I1-IP HERON VILLAGE LLC, a Delaware limited liability company, on behalf of the company. �n ANNE MARIE FITNESS Notary Public for8eeVTI- A2.t ZO A Notary Public•Arizona Commission No.: 0 1 j 2, jr MARICOPA COUNTY My Commission Expires: PA Z02y- +s� i Commisslon#580172 EOrea Appal 19,2024 DEVELOPMENT AGREEMENT-HERON VILLAGE(PHASE 2)(1-I-2021-0027) PAGE 12 OI.- 13 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-4-2022 Chris Johnson, City Clerk 10-4-2022 STATE OF IDAHO ) : ss County of Ada ) On this 4th day of October , 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT-HERON VILLAGE PHASE 2)(H-2021-0027) PAGE 13 OF 13 Exhibit "A" LEGAL DESCRIPTION %== THE OF LAND GROUP May 3, 2022 Project No.: 120174 ANNEXATION BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN: R7039000005 and APN: R703900300, Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89° 35' 33" East,497.10 feet,to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89' 35' 33" East, 175.44 feet,to a point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89'35' 33" East, 418.18 feet; Thence leaving said east-west mid-section line, South 00' 21' 57" East, 384.21 feet; Thence North 67'07' 38" West, 185.36 feet; Thence South 89°55' 20" West, 9.00 feet; Thence North 00' 20' 55" East, 310.93 feet,to the POINT OF BEGINNING. The above-described area of land contains 1.41 acres (61,396 Ftz), more or less. PREPARED BY: �p,L LA D The Land Group, Inc. ti0 EN Michael Femenia, PLS 0 x 0 a OF Q. U5/U3/2U22 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Annexation for PPHC Heron Property, LLC Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range 1 East, Boise Meridian City of Meridian,Ada County, Idaho 2022 q W 1/4 SEC. 6 CP&F#2018-059717 EAST BLUE HERON LANE � N89°35'33"E 1090.72' Ell 497.10' 175.44' 418.18' POB R/W •• - - - - - - • R/W 0 CW 1/16TH SEC. 6 N CP&F#104034814 I EAST BLUE HERON LANE Q4 o PPHC HERON PROPERTY LLC APN:R7039000005 � C� 125 EAST BLUE HERON LANE o PPHC HERON PROPERTY LLC 1 APN:R7039000170 I I 185 EAST BLUE HERON LANE PPHC HERON PROPERTY LLC R, APN:R7039000300 I W co c I N — — — — — M AREA OF ANNEXATION I 1 SW COR. SEC. 6 i PPHC HERON PROPERTY LLC CP&F#113105589 o I I 1.41 Acres (61,396 Ft2)± 245 EAST BLUE HERON LANE S SCHWERD JAMIE o I APN:R7039000200 s z S 9�2tiF9o��F <381 .00' 9OljLA 0°6oq�r•>�� �\rEN O �� c �8 .36, a 5 • E �R S U5/U3 2U22 Exhibit "B„ 0 80' 160' Horizontal Scale: = 80' Project No.:120174 t Date of Issuance:May 3,2022 = THE Annexation LAND Blue Heron Apartments o�> r GROUP PHHC Heron Property, LLC Exhibit "A" LEGAL DESCRIPTION ,� .- THE WN LAND GROUP May 3, 2022 Project No.: 120174 REZONE BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN: R7039000170, Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89° 35' 33" East, 341.03 feet to the POINT OF BEGINNING of Area-1: Thence continuing on said east-west mid-section line, North 89° 35' 33" East, 156.06 feet,to a point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89°35' 33" East, 593.62 feet; Thence leaving said east-west mid-section line, South 00° 20' 55" West, 217.93 feet; Thence South 89°38'42" West, 155.89 feet; Thence North 00' 18' 10" East, 217.78 feet to the POINT OF BEGINNING of Area-1. The above-described area of land contains 0.78 acres (33,977 Ft2), more or less. TOGETHER WITH An area of land being portions of APN: R7039000090,APN: R7039000080, and APN: R7039000057,Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid- section line of said Section 6, North 89'35' 33" East,497.09 feet,from which the Center West One Sixteenth corner of said Section 6 bears, North 89' 35' 33" East, 593.62 feet;thence leaving said east-west mid-section line, South 00° 20' 55" West, 310.93 feet,to the POINT OF BEGINNING of Area-2: Thence North 89' 55' 20" East, 9.00 feet; Thence South 67'07' 38" East, 378.07 feet; Thence South 31'38' 35" East, 39.83 feet; Thence South 89'33' 08" West, 389.49 feet; Thence South 84' 29' 31" West, 129.04 feet; Thence South 89' 27'49" West, 75.47 feet; Thence South 00'32' 11" East, 21.00 feet; Thence South 89' 27'49" West, 118.20 feet; Thence South 00'09' 00" East, 24.79 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com May 3, 2022 Page 2 Thence North 88' 59' 16" West, 165.03 feet,to a point on the west line of said Section 6,from which point the Southwest corner of said Section 6 bears, South 00' 18' 10" West, 2100.10 feet; Thence on said west section line, North 00° 18' 10" East, 237.50 feet; Thence leaving said west section line, North 89' 36'00" East,496.84 feet,to the POINT OF BEGINNING of Area-2. The above-described area of land contains 3.35 acres (146,027 Ft2), more or less. PREPARED BY: The Land Group, Inc. SAL LA1� Michael Femenia, PLS �ti� GENS o P4 1 Te0F01 S. 05/U3/2U22 Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com File Location: g.\2020\120174\cad\survey\exhibits\210317 ex rezone blueheron apartments 120174.dwg Last Plotted By mike temenia Date Plotted: Tuesday,May 3 2022 at 12:34 PM NORTH MERIDIAN ROAD S001810"W 2648.46' 2100.10' 237.50' 310.86' � 1� zCIO - w — — — — Do � s, too R1 o E c Cr, 1 N A s crt O 9 ey`GE C7 0 -0 C!) O A 29 oy e h W O coCO �o,hE�FAoy CJi q � S2° C N P oy9.°EI�yE �7 T y a T O C O c N 44Z cn N IT Cl) n O ° z h m 1 m '?ao°m oo g2E9 1 C rn O 1 O °ooEEtc C.)C °O°zGycE ,C`C CO ri O 67 W —O I CI) M 60 O C()— — C.)C? 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N o o N cz CD N rn z r oun o 0 1 rri z C T T T a a_ v W 40 N Q O Rezone TH E Blue Heron Apartments LAND PHHC Heron Property, LLC _ GROUP EXHIBIT "B" CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EPI ' N, AND DECISION&ORDER q In the Matter of the Request for Annexation of 1.36 Acres of Land with the R-40 Zoning District, Rezoning of 4.18 Acres of Land from C-G and R-8 to R-40, and a Conditional Use Permit to Allow Expansion of an Existing Multifamily Complex to Allow 36 Additional Units in Two New Buildings, by Tamara Thompson with The Land Group,Inc. Case No(s). H-2021-0027 For the City Council Hearing Date of: March 22,2022 (Findings on April 5,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 12,2021,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 12,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 12,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-40 and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 12, 2021, 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 I 1-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -2- determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. 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 October 12, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -3- By action of the City Council at its regular meeting held on the 5th day of April 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) �& �4 Mayor Robert It,Si son 4-5-2022 .un rxcn ht:r,U.f. Atte (sip'" Irp ,y ,x�At'f.A Yp�Kr IDAND SEAS. Chris Johnson 4-5-2022 ""`""s City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: _ ha .L:-W Dated: 4-5-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -4- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 10/12/2021 Legend DATE: [ P�aieoa Loc a�or. i i r TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 r � 'S SUBJECT: H-2021-0027 Heron Village(Phase 2) --- LOCATION: The site is located at 51, 125 and 185 E. Blue Heron Ln,in a portion of Government Lot 6 of Section 6, Township 3 North,Range 1 East. I. PROJECT DESCRIPTION This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district,rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.36 acres being annexed,5.54 acres being rezoned to R-40 Future Land Use Designation MU-N Existing Land Use(s) Single Family Residential/Rural Proposed Land Use(s) Multifamily Lots(#and type;bldg./common) Existing development is on 5 lots,one more lot would be annexed. Phasing Plan(#of phases) One phase Number of Residential Units(type 108 existing,36 more proposed of units) Density 19.6 du/acre(total) Open Space(acres,total Existing— 1.58 acres(29%),Usable.96 acres(17%) [%]/buffer/qualified) Proposed— 10,200 sq.ft.req'd, 15,300 sq.ft.proposed Amenities Existing amenities include half basketball court,plaza containing benches and trellis, 1,620 sq.ft.clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables. Description Details Page Proposed amenities include 70'x100' grassy area,park benches and picnic tables,enclosed bike storage. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 10,2021 —7 attendees attendees: Staff has received 2 letters and 5 voicemails in opposition to this request.Issues expressed include parking along E. Blue Heron and lack of emergency access. History(previous approvals) AZ 01-014,CUP 12-0021,MCU 13-005,CZC 13-038, DES 13-039) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State One existing access from E.Blue Heron Ln(local road), Hwy/Local)(Existing and Proposed) one additional access proposed from E.Blue Heron Ln Existing Road Network E.Blue Heron Ln(local road)and N.Meridian Rd (arterial) Existing Arterial Sidewalks/ • Sidewalk already exists along N.Meridian Rd. Buffers • 5' wide sidewalk is constructed along the portion of Blue Heron Ln of which the existing multifamily development exists • The landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed. Proposed Road Improvements Staff is recommending an existing pathway connecting the east terminus of E.Blue Heron to N.Eureka Ave be widened for emergency access only. Distance to nearest City Park(+ '/z mile to Settler's Park,3/4 mile to 8th St Park, size) Distance to other key services 0.5 mile+/-to shopping center and commercial services at N.Meridian Rd/E.Fairview Ave intersection. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 3 • Fire Response Time <5 minutes • Resource Reliability 78% • Risk Identification 2—current resources not adequate to supply service • Accessibility Meets all requirements • Special/resource needs Aerial device will be required • Water Supply lq" 2,250 gpm • Other Comments • All buildings must be sprinklered. • Fire has expressed issues with parking availability and cars parked along W.Blue Heron. • Fire has recommended secondary emergency access to N.Eureka Rd. Police Service • No comments West Ada School District Description Details Page • Distance(elem,ms,hs) 4.4 elem, 1.7 ms,2.6 hs • #of Students Enrolled 4 additional school-aged children projected Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.16 • Project Consistent with Yes WW Master Plan/Facility Plan Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No proposed water infrastructure submitted with this record.Engineering must review any new infrastructure. Connect to existing apartment development to west and to Blue Heron Ln. • Existing water services must be abandoned at the main in Blue Heron Ln. • Both addresses(125 and 185 E Blue Heron Ln)have a meter to the site.If these meters are not used they need to be abandoned at the main. • Provide looping of water line from Blue Heron Rd to existing water line to the west in Heron Village. • Provide water stub to east property boundary to facility future looping. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. 11 - - = rJ IIII Ilp - 0 minion ■■■ ■■ ■IWI■HI ■ � � 1■1■1■ •nu m I MISS .II ■ _ MISS •� 1 EAL VI 6 111IF — 4 i 1■1■1■ ■■1■1 r -'4 � '- •�-'� ��� � _ 5 _ _ �� i�� � IIII IIII Wl Wd I i xl M. p molls al J. ■.....■ M IIIIHIII�1 WWI RFAI,R E II1. Applicant Information A. Applicant/Representative: Tamara Thompson—The Land Group, Inc—462 E. Shore Dr, Ste. 100, Eagle,ID, 83616 B. Owner: PPHC Heron Property LLC—28717 Grumman Dr.,Eugene, OR 97402 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 6/25/2021 Radius notification mailed to properties within 300 feet 6/22/2021 Nextdoor posting 6/22/2021 Sign Posting 9/7/2021 V. STAFF ANALYSIS Background The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several conditions of approval of this annexation regarding road and infrastructure improvements,but no development agreement.A conditional use permit was approved for the multifamily complex in 2013 (CUP 12-021). In 2014 a modification to the conditional use was approved(MCU-13-005)to allow replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April of 2013 (CZC 13-038). In September of 2020,the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex(185 E. Blue Heron Ln)to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8) and because they were annexing and zoning additional property anyway, Staff recommended to the applicant that it would be preferable to rezone all of the associated properties to R-40. A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation and rezone area is included in Section VII. There is not a development agreement with the existing development. As will be discussed below, staff and the applicant have discussed this project with the understanding that what is currently being proposed is a second phase and expansion to the existing development with shared parking, amenities and open space. To ensure this intent is met and the project develops cohesively, staff recommends this be reflected in a development agreement. B. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) The Future Land Use Map designates the subject property for Mixed Use Neighborhood(MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the west(already zoned R-8 in the City)to R-40. The purpose is to proceed with a conditional use for a 36-unit expansion to an existing multifamily development. This application also includes rezoning the portion of the existing multifamily development that is C-G to R-40 so the entire development is in the same zone district. The subject property is between high density residential at north and south, with uses becoming progressively more commercial to very intensive commercial uses at the N. Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal meets the intent of the Plan. C. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. 2.01.02D The proposed multifamily residential development will contribute to the variety of housing types available within the City. • Support infill development that does not negatively impact the abutting, existing development. (2.02.02C) This proposal is to allow infill of an existing vacant parcel on the northeast portion of the subject properties to allow expansion of an existing multifamily development, surrounded by existing multifamily development to the north and south, industrial uses to the east, and religious and single family residential across N. Meridian Rd to the west. Although there could be some incremental impacts associated with additional units, the impacts associated with this development are already primarily established and there would be few or negligible impacts on the single family residential across N. Meridian Rd. • Encourage the development of high quality, dense residential and mixed-use areas near in 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. (2.02.01E) This expansion to an existing multifamily development is located along N. Meridian Rd, in close proximity to a variety of commercial uses, including approximately% mile to a shopping center, along the intensely commercial E. Fairview IN. Meridian Rd. intersection. • Encourage infill development. (3.03.01E) The proposed annexation of an additional parcel of land surrounded by existing development to allow expansion of an existing multifamily complex would be considered an infill development. • Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services. (3.03.03F) Urban services and public facilities are already being provided to the existing multifamily complex. This proposal would allow an additional 36 units in two buildings. D. Existing Structures/Site Improvements: There is an existing residence,which was constructed in 1954, and accessory structures on the property that is currently zoned R-8. All structures will be removed with development of the additional 36 units. E. Proposed Use Analysis: The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for the existing development and to allow 36 additional multifamily units. This is allowed by conditional use per UDC 11-2A-8. F. Specific Use Standards(UDC 11-4-3): The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: i. Buildings shall provide a minimum setback of ten(10)feet. The site plan indicates both buildings meet a minimum setback of at least 10'on all sides. ii. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The submitted landscape plan reflects dumpsters in an enclosure and screened by landscaping at the east portion of the property. Details regarding this enclosure and any additional ground or roof mounted mechanical or electrical equipment meeting the requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the Certificate of Zoning Compliance (CZC). The landscape plan indicates ground-mounted condenser units. One of these groups of condenser units is at the north side of Building F, directly along E. Blue Heron Ln. Although the landscape plan suggests 4'high vinyl fencing screening these unit, staff believes there should be additional mitigation to soften the view from the street. Staff recommends additional shrubs be grouped in this area. It should be noted shrubs are required along the building foundation already per the specific use standards, so this would be in addition to that requirement. iii. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. Floorplans of the units indicating this requirement is met shall be required at the time of CZC. iv. Developments with twenty(20)units or more shall provide a property management office,maintenance storage area, central mailbox location, including provisions for parcel mail, and a directory and map of the development at an entrance or convenient location for those entering the development. All of these requirements have already been provided and shown on the site plan associated with the CZC approved for the existing development. V. A minimum of 250 sq. ft. of common open space shall be provided for each unit of between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required for all units greater than 1,200 sq. ft in area. The applicant has provided an open space exhibit which reflects the required open space for both Phase I and Phase 2. 41,870 sq.ft. of open space was required with Phase One whereas 53,000 sq.ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq.ft. is proposed. The proposal meets the minimum requirements of UDC 11-4-3-27. vi. Amenities The existing development consists of 108 units, and an additional 36 units are proposed. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq.ft. clubhouse with exercise room,playground, horseshoe pit, barbeques and picnic tables. This proposal proposes two additional amenities-an approximately 8,600 sq.ft. open space park and 52 new bicycle storage spaces. UDC 11-4-3-27-D states `for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. vii. All street facing elevations shall have landscaping along their foundation. The landscaped area shall be at least three(3) feet wide. For every three (3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. The landscape plan does show landscaped areas around the foundations of the buildings, although it does not indicate whether this includes shrubs. As mentioned above, staff is recommending additional landscaping around the mechanical equipment visible from E. Blue Heron Ln. G. Dimensional Standards(UDC 11-2): Dimensional standards of the R-40 zoning district include 10' front setbacks, 12' rear setbacks, 3' side setbacks, and a maximum building height of 60'.However, as mentioned in the specific use standards above, 10' setbacks are applied to all multifamily projects (on all sides). The development as proposed meets these setbacks, and the elevations provided indicate a maximum height of approximately 42' from the highest roof pitch. The proposal meets all the dimensional requirements. H. Access(UDC 11-3A-3, 11-3H-4): There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units; one additional access is proposed from E. Blue Heron Ln. Meridian Fire has commented that although the site does provide two points of access,both of these accesses are from E. Blue Heron Ln.with the only way in and out occurring from N. Meridian Rd.Fire;they prefer another point of access that does not solely rely on N. Meridian Rd. E. Blue Heron Ln.terminates into a pathway at the east end which then connects to N. Eureka Ave. Based on discussion with the applicant,they agreed to widen this pathway to 20 feet wide or as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access. I. Parking(UDC 11-3C): UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2 parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be in a covered carport or garage. As requested by staff,the applicant submitted a site plan which indicates the required and proposed parking for both Phase One(the 108 units) and Phase Two(the 36 additional units). Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207 parking spaces are provided,with 195 of them being covered. Phase Two is required to provide 69 parking spaces,with 36 of them covered spaces. 87 spaces are provided,with 71 of them being covered. 6 total bicycle parking spaces are required with this development. The parking exceeds the requirements by 21 parking spaces. The site plan indicates 17' long parking spaces on the south side of Building F, east side of Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least 7' in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown to be 19' in length. The applicant should be aware that all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not indicated on the site plan or landscape plan. These should be indicated on the site plan with the CZC. Meridian Fire,Police and the surrounding residents have commented that parking has been a continuous issue for this development, as residents and guests often park on both sides of E. Blue Heron Dr,making emergency access difficult. One cause of this issue is that many of the garages that are intended to be used to satisfy parking requirements are being used for storage, leading to spill-over in other areas of the development and along the local streets. As 71 parking spaces are proposed to be covered with Phase II, staff recommends these covered spaces be accommodated by carports and not garages,to avoid dedicated covered spaces being used for storage. Elevations of the carports have not been provided. At the time of CZC,the applicant will need to provide elevations that reflect the accessory structures are compatible with the primary buildings and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also be aware that the site plan indicates striped pedestrian crossing areas across the parking lots.UDC 11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. I Sidewalks (UDC 11-3A-17): Sidewalk already exists along N. Meridian Rd,which has recently been reconstructed. 5' wide sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily development exists;the landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed in accord with UDC standards. K. Landscaping(UDC 11-3B): A 25' wide landscape buffer has already been provided along N. Meridian Rd as required by UDC Table 11-2B-3. W. Blue Heron Lane is classified as a local street and as such does not require a street buffer in the R-40 zoning district. However,a 17' wide landscape buffer was installed along the portion of the property frontage developed with Phase One, and the landscape plan indicates this buffer is proposed to continue along the frontage to the property line with Phase Two. A 12' +/-landscape buffer is proposed along the eastern property line, although a residential buffer is not a requirement for multifamily in the R-40 zoning district and this property is directly adjacent to an existing meat packing plant. It does appear there is at least 3' wide landscaping areas along the foundations of both buildings with street facing elevations as required per the specific use standards for multifamily,but the landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes there should be additional landscape screening along the street-facing sides of the condenser unit screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with all landscaping requirements and is required to be prepared by a landscape architect, landscape designer, or qualified nurseryman,per UDC 131C-3B. L. Qualified Open Space (UDC 11-3G): The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2,whereas 15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements. M. Qualified Site Amenities (UDC 11-3G): UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more than 75 units,but for multifamily developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables.With the proposed expansion the applicant proposes a 50'x 100' sq. ft. open space area and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. N. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects perimeter fencing that is to match existing fencing. At the time of the CZC,the applicant shall provide all fencing details on the landscape plan. O. Utilities (UDC 11-3A-21): There is infrastructure serving the existing development. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations were submitted with this proposal. The elevations utilize architecture that is consistent with the existing buildings including multiple roof pitches,dormers,canopies and outdoor second and third story railings. Building materials include hardiboard lap siding, hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be reviewed against the ASM manual at time of CZC. VI. DECISION A. Staff: Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings per the provisions and comments included in Section VII in accord with the Findings in Section VIII B. The Meridian Planning&Zoning Commission heard this item on September 16,2021. At the public hearing,the Commission moved to recommend approval of the subject annexation,zoning and conditional use request. 1. Summary of the Commission public hearin& a. In favor: Tamara Thompson b. In opposition:None c. Commenting: Tamara Thompson d. Written testimony: Staff has received 5 voicemails and three letters in opposition. e. Staff presenting gpplication: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Three citizens testified in opposition. Concerns expressed regarded traffic,parking, emergency access and litter 3. Key issue(s)of discussion by Commission: a. Commission discussed whether parking could be increased,their understanding parking is an issue along E.Blue Heron Ln,problems associated with litter,whether the applicant could work with ACHD to limit parking along E. Blue Heron Ln, and whether a parking enforcement company can be utilized, 4. Commission change(s)to Staff recommendation: a. Prior to City Council,the applicant will have a parking plan that has been addressed with ACHD, b. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations c. The applicant shall add additional trash receptacles. d. Condition 2-C shall be amended that the applicant widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 15 feet wide instead of 20-feet wide. C. The Meridian City Council heard these items on October 12,2021 and continued the hearing to December 7,2021 and March 22,2022. At the public hearing,the Council moved to approve the subject annexation,rezoning and conditional use permit requests. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson,Mysti Stelluto b. In opposition: Valinda Sorenson, Summer Hazen c. Commenting: Valinda Sorenson, Summer Hazen, Tamara Thompson,Mysti Stelluto, Joe Bongiorno d. Written testimony: Carrie Shuter.Jim and Marie Kast,Bonita Ghoulson, Gail Simpson. Jim Lane,Kathryn Small, Sandra Rogers,Valinda Sorenson e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Parking impacts,particularlyspill over parking along E. Blue Heron impacting-the residents of the Heronbrook townhomes b. Trash in and around the complex c. Traffic impacting E. Blue Heron Ln,trucks and emergency vehicles using E. Waterbury Ln and N. Richter Ln to turn around. 3. Key issue(s)of discussion by City Council: a. Council continued this case several times for the applicant to address parking and traffic impacts,have management do a Parking analysis. and discuss solutions with the neighbors and ACHD. 4. City Council change(s)to Commission recommendation: a. Applicant shall convert all existing enclosed garages within Phase One to carports b. Applicant shall work with City and ACHD for ACHD to consider striping parking areas along E. Blue Heron Ln.particularly west of N.Richter Ln. C. Applicant and staff shall work with ACHD to consider no parking and dead-end signage along E. Blue Heron Ln VII. EXHIBITS A. Site Plan(date: 3/'4�z March 18,2022) -FO d _ 14 17 I I 9 4 J SOLOINGP �snT 24-RE% ��, &lILOING G' 42 SEOa 17-PLE% rl @4LI am { I r IT 1 9UILOI FxE tU 4 y � - CLil6NOlISE I l � �`p _ _� I — I 3: 12 I OPEN SPACE W IL➢ING A 2441LE% I i BUILDING O -.,_ 111LE% r 2sPLEr A L� \F-T\ MLD NG C 't irl 21-RE% I , �m 1 9 C¢ _ 1- OARAUE TYPE'Ir 2~ L 4AFAGE 7YPE'B ©�I 9 6 — I .n�frP —LF— - - —__ B. Landscape Plan(date: 4/2/2021) } - - - i',i+,•r' _ h 'iM'r4'i' 'f� { i tT,'''r"',yTy h4Y 1 ssra- _ _' ...i.'... '�i� 4 J :T4 X. ......::....... ff MIS ....}'.'.'....'.' '.•. rk= F I 0 ----------- 'rF- sr{, BQILIDINCG c' I C. Qualified Open Space Exhibit(date: 8/20/2021) i NEYV ■ ,ONPE SPACE REQUr NEw SlAL61NGP 9 t IRED=52. 0 EF PRW 24�PLES OPEN SGACF PRIDED-53,000 F I CLDBRIXISE W V FITNESS CENIiER B P111h PICNIC AREAS THRDDGHOLIT - HALF SPORTS CWRT „ TOT LOT NEw 62BIIs'E �i I _ - ■ PEHASEEDPE RODIRED-A$PA SF AG 9F oo PfYOVIDED=19,519 SF I — — PHA$E 2ANIENITIE$ NEW GPAPORT-TYP. I� ■ ENCLOSED BIKE STAKAGE FOR 52 BIKES - EugpINGG F2-T 8S'%102'DPEN FIELD I H I I I - DAVE 4 —-- HERON VILLAGE APARTMENTS PHASE I & II PEVANS d. C O N S r RUC rl O N OPEN SPACE EXHIBIT DATFOV17,2021 D. Building Elevations(date: 3/18/2021) ❑ - KEY NOTE t� ❑ ❑ ° ' ❑ ° +, u ° FM1 ❑ U WRT E- r ,. ° Lf i.n -mm FRUNTELEVATIGN ❑ _ _ ECPAE Ila'=T-a Jo® Eli m , P p m P Pp P SACK ELEVATION SCALE IB._l-D SIOEPELEVATIOpELEVATION.SIDE N + r, ❑ ❑ ❑ I,I I pp m m SOUTH ELEVAYIGN, P - - P ® m 0 NORTH FI FVATION , T r T , , SCALE:U5=I-T E. Annexation Legal Description ANNEXATION BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being portions of APN: R7039000005 and APN: R703900300, Ada County records, located in a portion of Government Lot 6 of Section b,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County,Idaho, being more particularly described as follows: COMMENCING at the West One quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 99'35'33" East, 505.66 feet, to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89' 35'33" East, 166.44 feet,to a point,from which the Center West One Sixteenth corner of said Section 6 bears, North 89'35' 33" East, 418.18 feet; Thence leaving said east-west mid-section line,South 00'21'57" East,384.21 feet; Thence North 67' 07'38" West, 185.36 feet; Thence South 89' 55' 20" West,9.00 feet; Thence North 00' 20' 55" East, 93.00 feet; Thence North 89'38'42" East, 9.00 feet; Thence North 00'20' 55" East, 217.94 feet to the POINT OF BEGINNING. The above described area of land contains 1.36 acres(59,435 W), more or less. PREPARED BY: The Land Group,Inc. ��aCENS Michael Femenia, PLS r � 0 1 F 9�e OF�Q S. 0311712021 Annexation for IPIPIHIC (Heron Property,, LLC :iil:uai:-in a Portion of Govi Lot 6 m Section B Township 3 North, Flange I Eam,F3aise Meridian City(4 Meridian,Ada County,Idaho 2021 W'l)'4'SEC.6 CPU;1#201(3-15971 ' `AST BLUE, HERON LANE N89-35'33"F -1090,72° 1 !iD5.66' ^•� ifib.44' ,y s318.1i3' }�� PUB F Q �N — — : Q CW-i jl um StC,to iv CNii<r#1W34814 l EAST BLUE HERON LANE PPHC HERON TIHOPERiY LLC co f�F'Id=rs7i�i9S70u0t� I 1 cV O W 185 UST BLUE HERCiN LANE r"c IiERUN PA0PERIy 1-.Lc R, 4FN'nlua9Ui)Gj[]U rr, 125 FJ181 i3LUE HERON LANE PPHC i1EIHIIN PFiOVDI IY 11C N ,4PNI170 3900 01 7 0 SW COR. SEC. ,U#1131105589 N89`38'42"E 9.00' 245EAST BULFE FERON LAVE N00°20,55"E 93.00' AREA DE ANNEXATION SC•HWERFI AMIE P1 HC HERON PROPERTY LLC iAPN R7039DW20u as'Fy 1.3�5.Acres�59,�35 Ft�).- o � 1 x Q a � • 0 �Apt Qa/17/2G'2? F. Rezoning Legal Description REZONE to R40 BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN:R7039000005,AP IN: R7039000300, and APIN:R7039000170 AND portions of AP IN: R7039000090,APN:R7039000080,and AP IN: R7039000057, Ada County records,located in a portion of Government Lot 6 of Section 6,Township 3 North,Mange 1 East,Boise Meridian,City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence an the east-west mid-section line of said Section 6, North 89'35'33"East, 341.03 feet to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89'35' 33" East, 331.50 feet,to a paint, from which the Center West One Sixteenth corner of said Section b bears, North 89'35' 33" East,418.18 feet; Thence leaving said east-west mid-section line,South 00'21' 57" East, 384.21 feet; Thence South 67'07'38" East,192.71 feet; Thence South 31°38'35" East,39.83 feet; Thence South 89'33'08"West,389.49 feet, Thence South 84' 29'31"West, 129.04 feet; Thence South 89' 27'49"West,75.47 feet,- Thence South 00'32' 11" East,21.00 feet,- Thence South 89' 27'49"West, 119.20 feet; Thence South 00'09'00" East,24.79 feet,- Thence North 88"59' 16"West, 165.03 feet,to a point on the west line of said Section 6,from which poi nt the Southwest corner of said Section 6 bears, South 00' 18' 10"West, 2100.10 feet; Thence on said west section fine, North 00' 18' 10" East,237.50 feet; Thence leaving said west section line, North 89'36'00"East,496.84 feet; Thence North 00"20'55" East,93.00 feet; Thence South 89'38'42"West, 155.89 feet; Thence North 00"18' 10" East, 217.78feet to the POINT OF BEGINNING. The above described area of land contains 5.54 acres(241,398 Ft?),more or less. PREPARED BY: The Land Group,Inc. N},LA Michael Femenia, PLS tiO ENS �, 0 a Z. EL S. 03/17/202" 'JV114 SEG.6 _ FOB GVr'1jlai4iSKU.6 IcGP&F#2018-05F717 GP&F#1164934914 NBT 35 MIIE 1090.72' I wr &LuR hwox LANE 341.03' 331.50' � 1 4'$!10' — —— - m ,d�, +- cr, CCD apI r r [j MU7YU./�IU �f 1 LJTSC Br `Ceti I rR f I I 1 w 1 L. ST S89038142"VV °° t R I ;.• f L2 sa' as 155J59' - 44.5' _ NDO°20'S5'E U '& .YF�E9J/R 3r 1l4 e5 — a 9 PPHL'HERON PRUKER1Y LLG cy •y 5.54 Acias(241,398 FFT± rINUlm 489'27149"y^I i'ti,h7`� L� p. ;BCE°29'3i"w SSG`33'ir8�w 385:g9 fn 118.20' A E'�8ff 59'1Ei"'N �L2 '165.03' s� Rezone SW`"OH.SEG.6 PPHIC Heiroin Property, fLILG Township 3 North,{'tango 1 East,Boise foe"Idir.^P Gity Of Merioiari,Ads County.Idaho 2021 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions of Approval 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. 2. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Phase One and Two shall share access,parking, amenities and open space. c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 2015 feet wide(or as approved by Meridian Fire), capable of supporting an 80,000-pound fire truck with bollards on either end to allow secondary emergency access. d. Applicant shall convert all existing enclosed garages within Phase One to carports. e. Only carports are permitted for covered narking in Phase Two 3. Prior-to City Couneil,the applieaR4 shall have a par-ldne v! that has been-addves-sed with ACHD to address the eoneer-ns diseussed at the September- 16,2021 Plan- commissio 4. Prior-to City Couneil,the appReaW shall have an aer-eement in plRee with the iwopem management eompawv on enfor-eement of the par-king r-eeulatio 5. Additional trash receptacles will be added near E.Blue Heron Dr. 6. Applicant shall work with City and ACHD for ACHD to consider striping no parking areas along E.Blue Heron Ln.particularly west of N.Richter Ln. 7. Applicant and staff shall work with ACHD to consider no parking and dead-end ignage along E.Blue Heron Ln 8. The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 9. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4' high vinyl fencing. 10. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi- family dwellings. Covered parking shall be provided only by carports. 11. All carports shall be constructed to be compatible with the associated residential buildings i.e. similar building and roof forms, architectural elements and details,and materials and colors to maintain the quality of the architectural character) in accord with the Meridian Architectural Standards Manual. 12. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of both phase of the development, including, but not limited to, structures,parking, common areas, and other development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of Zoning Compliance application. 13. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced two (2) feet in length if two(2) feet is added to the width of the sidewalk or landscaped area planted in ground cover PLANNING GENERAL CONDITIONS OF APPROVAL 1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-6, 11-3A-7. 2. Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C- 1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. B. PUBLIC WORKS DEPARTMENT: Site Specific Conditions: 1. 125 and 185 E Blue Heron Lane have existing water meters which must be used or abandoned at the main. 2. Water must be looped from Blue Heron Road to the existing water line to the west in Heron Village Subdivision. 3. Provide a water main stub to the east property boundary. 4. No permanent structures including but not limited to trees,bushes,buildings, fences, carports (including overhanging eves),trash enclosures, fences, infiltration trenches, streetlights, etc. are allowed within any City utility easement. 5. Infiltration trenches should be built to avoid sewer services crossing through them. 6. A streetlight plan is required with building permit application. 7. A geotechnical report will be required with building permit application,and all recommendations made therein shall be adhered to by the builder and developer. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 6. 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. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-1-4B. 11. 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. 12. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 13. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 14. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 15. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 16. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. 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. 19. 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. 20. 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. 21. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. IV. FINDINGS Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex. This complies with the applicable provisions of the comprehensive plan,particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment to R-40 generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Council finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is surrounded by multifamily to the north and south, industrial in the County to the east, and N.Meridian Rd to the west. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation and rezone is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the multi family specific use standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed multi family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily development. Most impacts have already been established. The general design, construction, operation and maintenance of the multi family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have already been mostly established and Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection, drainage structures, refuse disposal,water, and sewer. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. This addition will be part of a larger existing multifamily development. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes there will be an increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Pickleball Court Subdivision H-2022-0025) Between the City of Meridian and Gardner Homes Idaho, LLC for Property Located at 4050 W. McMillan Rd., at the Northeast Corner of N. Joy Street and W. McMillan Rd. ADA COUNTY RECORDER Phil McGrane 2022-084263 BOISE IDAHO Pgs=35 ANGIE STEELE 10/05/2022 09:01 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gardner Homes Idaho, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this _4th day of,� October , 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 Gardner Homes Idaho, LLC, whose address is 2078 Everest Lane, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. CITALS: 1.1 WHEREAS, Owner/Developer are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho,described in Exhibit "A,"which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or rezoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation of 4.96 acres of land to be zoned from RUT to the R-4 (Medium Low-Density Residential)Zoning District on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT—PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE I OF 7 1.7 WHEREAS, on the 9t1i day of August, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to,and Gardner Homes Idaho, LLC,whose address is 2078 Everest Lane,Meridian,Idaho 83646,hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 2 OF 7 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan(including proposed open space and sports court amenity), and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owners/Developer's default of this agreement,Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 3 OF 7 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserve all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 4 OF 7 insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Gardner Homes Idaho, LLC 2078 Everest Lane 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. DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 5 OF 7 City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owners/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Gardner Homes Idaho,LLC By:/Matthew G-ar6der STATE OF IDAHO ) ss: County of Ada } On this_2,L day of—SepitM 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Matthew Gardner,known or identified to me to be the_0UM&1jd V e((),rqrj4 of Gardner Homes Idaho,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. =JENNIFERHOMASMBER 63227UBLICNota P blic aho My Commission Expires: ires 03/10M20 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-4-2022 Chris Johnson, City Clerk 10-4-2022 STATE OF IDAHO ) ss County of Ada } On this 4th day of October _ 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—PICKLEBALL COURT SUBDIVISION H-2022-0025 PAGE 7 OF 7 ���� LEGAL DESCRIPTION ��►�` THE Page 1 OF 1 LAND g GROUP April 19, 2022 Project No.: 121130 EXHIBIT"A" PICKLEBALL COURT SUBDIVISION ANNEXATION/ REZONE DESCRIPTION A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the South One Quarter Corner of Section 27 of said Township 4 North, Range 1 West, (from which point the southwest corner of said Section 27 bears North 89°35'49"West, a distance of 2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING; Thence from said South One Quarter Corner, North 89' 35'49" West, a distance of 334.34 feet on the South line of said Section 27 to a point common with the Centerline intersection of North Joy Street; Thence North 00' 25' 00" East, a distance of 646.62 feet on the Centerline of said North Joy Street; Thence South 89° 15' 37" East, a distance of 334.75 feet to a point on the north-south mid- section line of said Section 27; Thence South 00° 27' 09" West, a distance of 644.68 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 4.96 acres more or less. PREPARED BY: The Land Group, Inc. p,L T S T R � w 0 a 7880 4 2 �o s� �o James R. Washburn OF �oP � WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com I I I I I \ I �'-- \ �yp.L AN / 01 O \ OI �5tip � �S Re `sCr SUMMERWOOD SUBDIVISION �v BLOCK 2 o — I — — a 7 8 80 S89015'37"E 334.75' 4-19-2022 �� TF OF SR.WASH � I �Q\1P� I 1 J i I 1 ' I I + o o co cn z w — C LU W cNo ANNEX/REZONE m Y AREA:±4.96 AC w o I C cm o (215,990.42 SQ.FT.) 0 l N m c \ Cl) z U 4 \ U Y z > � I I m ++ f I I I 1 SW. CORNER POINT OF BEGINNING SECTION 27 SOUTH QUARTER T.4N., R.1W., B.M. SECTION 27 T.4N., R.1W., B.M. i —J L _ N89°35'49"W 334.34' N89°35'49"W 2654.00' ltir. McMILL.4N R04D x Exhibit "B" 0 100' 200' Horizontal Scale:l" = 100' Project No.:121130 Date of Issuance:04/19/2022 2 v THE Annex / Rezone r LAND o rn� GROUP r ��a EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW � E'�tA N� AND DECISION& ORDER In the Matter of the Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land Group. Case No(s). H-2022-0025 For the City Council Hearing Date of: July 26,2022 (Findings on August 9,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 26,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 26, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 26, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 26, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975," codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26,2022,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 26, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -2- determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(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 §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 26,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -3- By action of the City Council at its regular meeting held on the 9th day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 8-9-2022 By Brad Hoaglun, Council President Attest: IDIAN SEA]. Chris Johnso 8-9-2022 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 8-9-2022 City Clerk's Office IN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -4- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 7/26/2022 Legend DATE: 0 Project Location � �® � -- TO: Mayor&City Council FROM: Joe Dodson,Associate Planner �� � .� 6® _ - ®®� ®� 208 884 5533 SUBJECT: H-2022-0025 - Pickleball Court Subdivision LOCATION: Located at 4050 W. McMillan Road, at ®® the northeast corner of N. Joy Street and � W. McMillan Road, in the SE 1/4 of the - -- -----" -; SW 1/4 of Section 27,Township 4N, IE Range 1 W. _ I. PROJECT DESCRIPTION Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land Group. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—4.96 acres; PP—4.58 acres Future Land Use Designation Medium Density Residential MDR, 3-8 du/ac Existing Land Uses County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 18 total lots— 14 residential building lots and 4 bldg./common)) common lots Phasing Plan #ofphases) 1 phase Number of Residential Units 14 single-family units Density Gross—3.06 du/ac.;Net—5.05 du/ac. Open Space (acres,total None required—Approximately 29,600 square feet of /buffer/ ualified total open s ace proposed Neighborhood meeting date February 1, 2022 History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via a new local street connection to N. Joy Street, an (Arterial/Collectors/State existing local street that connects to W.McMillan Road, an arterial street. Hwy/Local)(Existing and Access to all proposed homes is shown from new local street that ends in a Proposed) cul-de-sac near the north boundary. Stub No opportunity for a future stub due to existing development and no existing Street/Interconnectivity/Cross stub to property from existing development. Access Existing Road Network No, except Joy Street and W. McMillan Road. Proposed Road The Applicant is required to dedicate additional right-of-way for W. Improvements McMillan Road and widen the paved surface area adjacent to the site. Applicant is also required to reconstruct Joy Street as of a 33-foot wide local street section abutting the site. Applicant is proposing a new local street to dead-end in a cul-de-sac. Fire Service • Distance to Fire 2.1 miles from Fire Station#2;project area will eventually be serviced by Station Fire Station 8, scheduled to be opened in late Summer 2023. • Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes. Once Station 8 is constructed,response times will be reduced in this area. • Resource Reliability Fire Station#2 reliability is 85% (above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater • Impacts/Concerns le See Public Works Site Specific Conditions I , I . • d11111 Illlll - - - • - • 11I1{.a Inrrrl lour �{ " • - • �,Y--e ' rNsn IN on 11111►�:11111111lI 1IIe1rr rill >: mill lien Z-I I � • - • • • � IIIII I{III � • - • • • e�!{!I I 11er Nllllll o {{{I 1111{ !�I glot Au .H 11111i • - . - . ' �yy��� H .. Yam. ���Ione �e �I milio "M. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to properties within 500 feet 5/26/2022 Site Posting 6/4/2022 Nextdoor posting 5/25/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 4.5 acres currently contains a barn or other agricultural building or two; the previous home appears to have been removed according to the latest aerial imagery. The subject site is abutted by two public roads;McMillan Road to the south and Joy Street to the west. Abutting to the north and east property lines are two existing R-4 developments, Vicenza Subdivision to the east and Summerwood Subdivision No. 2 to the north. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the east and north. Due to the existing local street along the west boundary, the Applicant is proposing to take access from this street and close any existing access to McMillan, which is consistent with City code. The Applicant is proposing 14 building lots on 4.5 acres of land which constitutes a gross density of 3.06 units per acre, nearly the minimum density allowed within the MDR designation. The minimum building lot size proposed is 8,000 square feet which is the minimum lot size for the requested R-4 zoning district. The adjacent developments are of similar density and has building lots similar in size and also some that are larger than what are proposed with this project. There are no more than 2 building lots proposed adjacent to any single existing lot along the north and east boundaries and the Applicant has placed an open space lot along the north boundary and at the southeast corner of the site. Because the proposed development is consistent with the existing development to the east and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is not analyzing the project against any mixed-use policies but is instead analyzing the project against general policies as the project is being reviewed with the MDR designation. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density similar to the existing subdivisions to the east and north. Further, this property is part of a larger MDR area that is also redeveloping west of the site at the northeast corner of Black Cat and McMillan with smaller lot sizes than those proposed in Pickleball Court. Stafffinds the density and lot sizes proposed on the subject 4.5 acres to be an appropriate transition from the existing subdivisions to the remaining county parcels to the west and those smaller developing projects further to the west. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing stub street on its east boundary. Applicant is required to dedicate additional right-of-way for future McMillan Road improvements (upgraded from two to three lanes in the future). The future Fire Station 8 will improve the response times in this entire area of the City and Fire has approved the accesses for the proposed plat. West Ada School District has not sent a letter regarding this application but with a relative low number of homes a large number of school aged children is not anticipated to be generated by this development. In addition, Pleasant View Elementary School is within walking distance of the subject site so any children in that age group would be able to get to school safely. Stafffinds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project will construct attached sidewalks within the development as well as along the east side of the Joy Street for added pedestrian access to the north through the existing pedestrian facilities in Summerwood Subdivision and out to Gondola Street, a collector street with access to multiple subdivisions in this section of the City. Stafffinds the proposed pedestrian facilities show compliance with this policy. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes averaging over 8,000 square feet, significantly similar to those within the adjacent subdivisions to the east and north. Further, the Applicant is proposing a density at the bottom of the anticipated density in this area of the City. Stafffinds these aspects of the project makes for a project consistent with the existing development to the east but also most consistent with the remaining county residential parcels on the west side of Joy Street that have not yet redeveloped. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local cul-de-sac street within the development for access to the proposed building lots. The new local street is proposed to connect to N. Joy Street, a county local street adjacent to the subject site. The Applicant is required to and is proposing to improve the existing right-of-way for Joy Street to include additional pavement, curb, gutter, and 5-foot wide attached sidewalks adjacent to the site. Further, the Applicant is required to construct 5-foot wide detached sidewalk along McMillan Road consistent with existing improvements to the east, further extending the arterial street pedestrian facilities and safe pedestrian access to the commercial uses at the Ten Mile and McMillan intersection. In addition, the proposed road and pedestrian facility improvements will add to the safety of the underdeveloped county parcels that utilize Joy Street and Daphne Street, the local street that branches off and heads west of Joy at the northwest corner of the site. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery, there appears to be a couple outbuildings on the subject site. Any and all structures and debris are proposed to be removed upon development of this project. Furthermore,the existing access for this site is via a driveway connection to W. McMillan Road that will also be closed upon development.No other site improvements appear to be present. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 8,620 square feet and a minimum lot size of 8,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-4 zoning district per UDC Table 11-2A-2 and all lots are shown to meet the minimum lot size requirement of 8,000 square feet and minimum street frontage requirement of 60 feet. The Applicant has noted the development is expected to develop as one phase due to the size of the proposed project. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). Some of the lot dimensions shown on the submitted preliminary plat do not compute to the minimum lot size of 8,000 square feet. Prior to the City Council hearing, the Applicant should ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district. Staff's calculations of the lot dimensions depicted show many of the lots are slightly under the minimum lot size—there are multiple areas in the subject site design where the needed extra area can be obtained by adjusting lot lines so Staff is not concerned with the Applicant being able to comply with this dimensional standard. Per UDC 11-6C-3B.4, no dead-end street shall be longer than 500 feet. The subject project is proposed with a cul-de-sac as the only access to the proposed single family lots and is shown to be approximately 450 feet in length and compliant with this code section. In addition, the Applicant is proposing one(1) common drive in the southeast corner of the project for access to Lot 4. Lot 7 also abuts this common drive but is not shown to take access from it as required by UDC 11-6C-3D.5. With the final plat submittal, the Applicant should provide an exhibit that demonstrates Lot 7 taking access from the common driveway in accord with UDC standards. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding and fiber cement board and differing accent materials, roof profiles, and overall varying home styles. G. Access(UDC 11-3A-3, I1-3H-4): Access is proposed via a new local street(shown as W. Riva Capri)connection to N. Joy Street approximately 200 feet north of the Joy and W. McMillan intersection. There are no existing stub streets adjacent to the site and Joy Street runs along the entire west boundary which is why the Applicant is proposing an access point to this local street and proposing Riva Capri to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat, Riva Capri is proposed as 33-foot wide local street with 5-foot attached sidewalks and Joy Street is shown to be improved with curb, gutter, and 5-foot wide attached sidewalk. The proposed street design complies with all UDC standards and ACHD conditions of approval. H. Parking(UDC 11-3 f: Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,there is opportunity for on-street parking where there are no driveways because Riva Capri is proposed as a 33-foot wide street section. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street. W. Riva Capri and along the east side of N. Joy Street,consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. The Applicant is also proposing 5-foot wide detached along W. McMillan road consistent with existing sidewalk to the east and UDC standards. Staff supports the proposed sidewalk facilities. According to the submitted plat and landscape plan, the proposed 5-foot detached sidewalk along McMillan directly abuts the ultimate right-of-way line. UDC 11-3B-7C.]a requires that all detached sidewalks shall have an average minimum separation of greater than four(4)feet to back of curb to allow for vegetative separation between the travel lanes and pedestrian facilities and to ensure these facilities are in fact detached from the vehicular right-of-way. In these instances, "back of curb"is in reference to the ultimate right-of-way line. Therefore, the Applicant should submit revised plans depicting the detached sidewalk to be at least 4 feet behind the future right-of-way line. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. McMillan Road,an arterial street, landscaped per the standards in UDC Table 11-313-7C. In addition, a minimum 10-foot street buffer is required along the east side of Joy Street to ensure the abutting lots are not double fronting lots and should be landscaped per UDC 11-313-7. All landscape areas should be landscaped per UDC 11-313-5,general landscaping standards. Lastly, according to the submitted landscape plan,the Applicant is proposing a gravity irrigation holding pond which should comply with UDC 11-3B- 11 standards. The Applicant is showing a common lot along W. McMillan Road that is at least 25 feet in width and is depicted with 9 trees and one landscape bed at the corner of Joy and McMillan; this proposed landscaping does not fully comply with UDC requirements. The number of trees shown complies with UDC requirements but UDC 11-3B-7 also requires vegetative ground cover beyond that of grasses. Specifically, no more than 65%of the landscaped area is permitted to be grass and other area shall be comprised of additional planting beds for shrubs and other vegetative ground cover. The Applicant should revise the landscape plan to depict additional vegetative ground cover to meet this standard. The Applicant is showing approximately a 15 foot wide landscape buffer along the west boundary abutting the east side of N. Joy Street, measured from the back of sidewalk. This buffer is required to ensure the lots internal to the project do not have frontage to two public roads. City code requires these buffers to be a minimum of 10 feet in width so the Applicant's proposal to construct a 15 foot buffer exceeds code requirements. Essentially, the 15 foot buffer is a local street buffer that is still governed by code but is not typically required; the proposed site design has created this situation so landscaping standards apply. For example, a total of 14 trees are required within this buffer and the Applicant is showing 16 trees. However, UDC 11-3B-7C.3 requires that at least 25%of street buffer trees are Class II trees and it is not clear from the landscape table that the trees noted along Joy are Class I or Class IT The Applicant should clarify this and correct this if additional Class II trees are needed within this buffer. NOTE: The subject project is less than 5 acres in size,therefore the UDC does not require compliance with the qualified open space standards in UDC 11-3G.However,the applicant is proposing some open space which Staff has analyzed below. There are two main areas of open space that would qualify under the UDC: 1)the required street buffer along McMillan, and 2) an open space lot along the north boundary of the project(Lot 12).In addition,the Applicant is showing an additional grassy area in the southeast corner of the site but this area is noted to be a future gravity irrigation holding pond. The submitted plans do not depict how this will be designed so Staff presumes it would not be qualified open space. The Applicant should add an exhibit and more detail to the landscape plan that shows how this "pond"will be constructed and what it will look like. Within the Lot 12 open space lot along the north boundary,the preliminary plat has a notation that a pickleball court will be present. The Applicant should revise the landscape plans to depict this proposed amenity and its location. Staff is recommending a DA provisions requiring the applicant to comply with the open space and amenity as proposed. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing to protect and use the existing 6-foot solid fencing along the north and east boundaries and is proposing 6-foot vinyl fencing along the rear lot lines adjacent to N. Joy Street and W. McMillan Road. The Applicant is depicting 6-foot open vision fencing along the east property line of Lot 4 and a portion of the south property lien of Lot 7 where these properties abut an open space lot utilized for gravity irrigation holding pond, according to the landscape plans. The proposed fencing meets or exceeds all UDC requirements. L. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Pickleball Court Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. Specifically, Public Works is seeking a 20 foot easement within Lot 12 and a 20 foot easement along the north side of Lot 13 for a potential future water loop back to Joy Street. This condition has been added to the conditions of approval in Section VIII.B. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on June 16,2022.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Matthew Gardner,Gardner Homes—Applicant. b. In opposition:None c. Commenting: Theodore Lye,Neighbor; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Plan to mitigate dust during construction if project is approved and moves forward; 3. Key issue(s)of discussion by Commission: a. Difference in height of proposed homes to those existing to the east, is there intention to match them—Applicant plans to attempt this where possible; b. Are lights planned around proposed sports court at north end of site; C. Discussion of project location in relation to recent denied project on south side of McMillan—noted differences between projects in size, density, and no direct access to McMillan Road. 4. Commission change(s)to Staff recommendation: a. Modify relevant provisions per Staff presentation at the hearing on June 16,2022. 5. Outstanding issue(s) for City Council: a. None C. The Meridian Citv Council heard these items on July 26,2022.At the public hearing,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. I. Summary of the City Council public hearing: a. In favor: Tamara Thompson,Applicant Representative. b. In opposition: None C. Commenting: Tamara Thompson: Paul Elam,neighbor; d. Written testimony,None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Kev issue(s)of public testimony: a. Desire to delay project to study the traffic impact of proposed development due to constrained corridor of McMillan. 3. Key issue(s)of discussion by City Council: a. Design of future irrigation pond and puMose of pond—will it be aerated and designed appropriately per code: Level of Service rating of McMillan at time of ACHD report—Better than"E"• Is there a right-turn lane required westbound on McMillan onto Jov_ : 4. City Council change(s)to Commission recommendation. a. None VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map LEGAL DESCRIPTION //i.�: T HE Page 1 OF 1 LAND GROUP April 19,2022 Project No.:121130 EXHIBIT"A" PICKLEBALL COURT SUBDIVISION ANNEXATION/REZONE DESCRIPTION A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the South One Quarter Corner of Section 27 of said Township 4 North,Range 1 West, (from which point the southwest corner of said Section 27 bears North 89°35'49"West,a distance of 2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING; Thence from said South One Quarter Corner,North 89'35'49"West,a distance of 334.34 feet on the South line of said Section 27 to a point common with the Centerline intersection of North Joy Street; Thence North 00'25'00"East,a distance of 646.62 feet on the Centerline of said North Joy Street; Thence South 89'15'37"East,a distance of 334.75 feet to a point on the north-south mid- section line of said Section 27; Thence South 00'27'09"West,a distance of 644.68 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 4.96 acres more or less. PREPARED BY: The Land Group,Inc. pL T s 0� 1 TR b a 7880 4-19-2022 ST �O James R.Washburn 9rf OF SR.WA 462 East Shore Drive,Suite 100,Eagle,Idaho 83616 209.939.4041 thelandgroupinc.com 05 typ.L LAN (3 S) `SG SUMMER WOOD SUBDI V6$vtaN BLOCK 2 — V — I _ a 7880 z S89°15'37"E 334.75' 4-19-2022 .i�%P�RTE Q �pPRZ F R.WA I I I P� I I JaQ I � I r I I I I Z I � W CDz co — coco — I W I ANNEX REZONE 3 m U h l l AREA:±4.96 AC o f y o ,, (215,990.42 SQ.FT.) N ¢ CD N4 H I N Z U O U ]C Z > U I Z I � ! I CO CD I f SW.CORNER POINT OF BEGINNING SECTION 27 SOUTH QUARTER T.4N.,R.1W.,B.M. SECTI ON27 -- -— _ T.4N.,RAW.,B.M. + _ _ N89°35'49"W 334.341 _ N89°351491W 2654.00' W. MciVILLAN ROAD — Exhibit "B" ��00, D' Hoontal Scale: =100' Project No.:121130 � a T� riz Date of Issuance:04/19/2022 a THE Annex / Rezone �LAND o xsd ■` ., P r s�� B. Preliminary Plat(dated: 3/18/2022) SMOH iguapic!) 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I (Y I •• _____ I I I � I w I I I 1 eN°5.: y - - 81 2 1A IP w—�� ti3t + � 2 I 1 I B°I3 I e 2xosr. I. I loco sr. I I I �1Eo17sc+ . I I I I I I I I + M34 + I I I I I W I I I Lst Ar 00 —RM R'1Y Rw I T�IW __ N'��,?--W�1_r.�JEG�n• EG EA tA'� Fli-�r� '• -�-.. W.McMILLAN ROAD —"—"— �'� Preliminary Plat-Landscape Plan ° ' Npllc-al8wt 1•�S° D. Conceptual Building '— .f. • x VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan(including proposed open space and piekleball sports court amenity), and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B, dated March 18,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district of 8,000 square feet. b. Any existing accesses to W. McMillan Road shall be closed upon development of the site. c. Correct the plat to show Lot 7 to take access from the common drive,Lot 6 OR revise the plat to show Lot 4 with the minimum required street frontage of 30 feet when along a curve and remove the common drive altogether. d. Depict the required 5-foot wide detached sidewalk within the landscape buffer along W. McMillan Road and place it at least four(4)feet north of the ultimate right-of-way line to allow for landscaping on both sides of the sidewalk and ensure it is detached from the roadway and allow the 25-foot buffer to be measured from the ultimate right-of-way instead of the back of the sidewalk,per UDC I I-3B-7C.Ia OR place said sidewalk within ACHD right-of-way per the ACHD condition of approval. 3. The landscape plan included in Section VII.C, dated March 18, 2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict the detached sidewalk along W. McMillan Road in accord with UDC 11-313- 7C.1 a, as noted above. b. Depict the location of the noted piek! �afl sports court amenity within Lot 12 and provide a detail of the amenity. c. Depict the correct amount of vegetative ground cover per UDC 11-3B-7 in the landscape buffers along N. Joy Street and W. McMillan Road. d. Clarify in the landscape calculations table the class type of the trees proposed and ensure the Joy Street buffer complies with UDC 11-3B-7C.3 that requires at least 25%of the required trees to be Class II. e. Include any and all tree mitigation information per UDC 11-3B-10 standards. f. Add an exhibit and detail to the landscape plan that shows how the gravity irrigation holding pond(a portion of Lot 5)will be constructed and what it will look like, consistent with UDC 11-3G-3B.6 standards. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. 5. 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. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Lots 13-17 shall take access from the proposed internal local street(W. Riva Capri Street) and not to N. Joy Street, consistent with UDC 11-6C-3A.1. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway(Lot 6)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s)shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Water line in Joy Street in front of development is not existing and needs to be extended to W. McMillan Road. 2. Provide 20'easement in lot 12 and 20'easement along the north side of Lot 13 for potential future water loop back to Joy Street. 3. Ensure no sewer services pass through infiltration trenches. 4. The geotechnical investigative report prepared by Atlas Technical Consultants,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting. A copy of the standards can be found at hqp://www.meridianciiy.org_/public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciU.oEgdf ebLinkIDocView.aspx?id=261475&dbid=0&repo=MeridianC i &cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=261699&dbid=0&repo=MeridianC hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=262292&dbid=0&repo=MeridianC hty F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=263094&dbid=0&repo=MeridianC hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=261626&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-4 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-4 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Sole Source purchase of Axon Fleet 3 In-Car Video/ALPR System by Axon Enterprise, Inc. C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 10/4/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source purchase of Axon Fleet 3 In-Car Video/ALPR System by Axon Enterprise, Inc. Recommended Council Action: Approval of Sole Source purchases for Fleet 3 system equipment, software and services from Axon Enterprise, Inc. and the First Amendment to the existing Master Services and Purchasing Agreement between the parties. Authorize the Procurement Manager to issue and sign the resulting P0. Background: The City currently has a Master Services and Purchasing Agreement for Axon Body Cameras and Evidence.com storage system. M 0)N O f� O Z M O -a C� OM OM �C6 OOOOOO U O M O Q � �,ti O W 00 O O V a) Z L H 5 (D to O N Z O C O Cl Cl Cl Cl 0 CD = a0 C LU : N Z, W a 00 N CA CA Ef3 6f1 Lo 00 CU H N U N N v ER i9 E E Z Xm 00 Z E 0 0 -E LL v 0 CU IL .� t� c G'1 Q cn LO N co .c6 CD LO � E N N 00 LU � E!? 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Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. JUSTIFICATION: The Police Department is seeking a sole source approval for Axon Fleet 3 in-car Video/APLR systems for patrol vehicles. The City currently has an active Sole Source for all it's Body Cameras and Evidence.Com storage services. The Axon Fleet 3 In-Car camera systems are the only cameras that are compatible with the Axon Body Camera's and Evidence.com storage systems/services. Compatibility of equipment, components, accessories, computer software replacement parts and service are the paramount consideration. Please see the attached documentation which demonstrates that Axon Enterprise is the only supplier of the Axon Fleet 3 system. CERTIFICATION: 1 am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval i'G .1 .zi • Date: October 4, 2022 ' nReggyes Print Name) Purchasing �'J Approval: 4 _ `�Dqpgrtment Manager Signature 'P chasing Manager 4J� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.COM June 7, 2022 To: United States state, local and municipal law enforcement agencies Re: Sole Source Letter for Axon Enterprise, Inc.'s Axon brand products and Axon Evidence (Evidence.com) Data Management Solutions' A sole source justification exists because the following goods and services required to satisfy the agency's needs are only manufactured and available for purchase from Axon Enterprise. Axon Digital Evidence Solution Description Axon Body 3 Video Camera (DVR) • Improved video quality with reduced motion blur and better low-light performance • Multi-mic audio—four built-in microphones • Wireless upload option • Gunshot detection and alerts • Streaming audio and video capability • "Find my camera"feature • Verbal transcription with Axon Records (coming soon) • End-to-end encryption • Twelve-hour battery • Up to 120-second buffering period to record footage before pressing record button Axon Flex 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 0.1 lux • Audio tones to alert user of usage • Low SD, high SD, low HD, and high HD resolution (customizable by the agency) • Up to 120-second buffering period to record footage before pressing record button • Multiple mounting options using magnetic attachment: head, collar, shoulder, helmet, ball cap, car dash, and Oakley sunglass mounts available • 120-degree diagonal field of view camera lens, 102-degree horizontal field of view, and 55-degree vertical field of view Axon Flex 2 Controller • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • Haptic notification available • Tactical beveled button design for use in pocket • Compatible with Axon Signal technology Axon Air System • Purpose-built solution for law enforcement UAV programs • Supported applications on iOS and Android ' Axon is also the sole developer and offeror of the Evidence.com data management services. Evidence.com is both a division of Axon and a data management product solution offered by Axon. Evidence.com is not a separate corporate entity. Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 1 AXON 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.COM • Automated tracking of pilot, aircraft, and flight logs • Unlimited Storage of UAV data in Axon Evidence (Evidence.com) • In application ingestion of data in Axon Evidence (Evidence.com) • Axon Aware integration for live streaming and situational awareness Axon Body 2 Video Camera • Video playback on mobile devices in the field via Bluetooth pairing • Retina Low Light capability sensitive to less than 1 lux • Audio tones and haptic (vibration) notification to alert user of usage • Audio mute during event option • Wi-Fi capability • High, medium, and low quality recording available (customizable by the agency) • Up to 2-minute buffering period to record footage before pressing record button • Multiple mounting options using holster attachment: shirt, vest, belt, and dash mounts available • 12+ hours of battery operation per shift (even in recording mode) • LED lights to show current battery level and operating mode • 143-degree lens • Includes Axon Signal technology Axon Fleet 3 Camera • High-definition Dual-View Camera with panoramic field of view, 12x zoom, and Al processing for automatic license plate reader(ALPR) • High-definition Interior Camera with infrared illumination for back seat view in complete darkness • Wireless Mic and Charging Base for capturing audio when outside of vehicle • Fleet Hub with connectivity, global navigation satellite system (GNSS), secure solid- state storage, and Signal inputs • Automatic transition from Buffering to Event mode with configurable Signals • Video Recall records last 24 hours of each camera in case camera not activated for an event • Intuitive mobile data terminal app, Axon Dashboard, for controlling system, reviewing video, quick tagging, and more • Ability to efficiently categorize, play back and share all video and audio alongside other digital files on Evidence.com • Multi-cam playback, for reviewing up to four videos, including body-worn and in-car footage, at the same time • Fully integrated with Evidence.com services and Axon devices • Automatic time synchronization with all Axon Fleet and other Axon on-officer cameras allows for multi-camera playback on Evidence.com. • Prioritized upload to Evidence.com of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM) and Signal Side Arm (SSA). • Best-in-class install times, wireless updates and quick remote troubleshooting • Optional Axon Aware live stream, alerts, and location updates for situational awareness • Optional Axon ALPR hotlist alerts, plate read retention, and investigative search Axon Enterprise,Inc.Axon Sole Source Letter Version 41 Page 2 AXON 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.COM Axon Fleet 2 Camera • Fully integrated with Axon Evidence services and Axon devices • Automatic time synchronization with other Axon Fleet and Axon on-officer cameras allows for multi-camera playback on Axon Evidence. • Immediate upload to Axon Evidence of critical event videos via 4G/LTE • Wireless alerts from the TASER CEW Signal Performance Power Magazine (SPPM). • Automatic transition from BUFFERING to EVENT mode in an emergency vehicle equipped with the Axon Signal Unit • Decentralized system architecture without a central digital video recorder(DVR). • Cameras that function independently and communicate wirelessly with the computer in the vehicle (MDT, MDC, MDU)for reviewing, tagging and uploading video. • Wireless record alert based on Bluetooth communication from Axon Signal Vehicle when a configured input is enabled (e.g. emergency light, siren, weapon rack, etc.). • Receives alerts from Axon Signal Sidearm. • Plug-And-Play design allowing for cameras to be easily replaced and upgraded. • Ability for an unlimited number of agency vehicles recording in the same vicinity with an Axon Fleet system to be automatically associated with one another when reviewing video in the video management platform. This feature is also supported across body cameras. Axon Signal Unit(ASU) • Communications device that can be installed in emergency vehicles. • With emergency vehicle light bar activation, or other activation triggers, the Axon Signal Unit sends a signal. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal Performance Power Magazine (SPPM) • Battery pack for the TASER X2 and X26P conducted electrical weapons • Shifting the safety switch from the down (SAFE)to the up (ARMED) positions sends a signal from the SPPM. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Signal technology only works with Axon cameras. Axon Signal Sidearm Sensor • Can be installed on common duty holsters • Drawing a service handgun from the holster sends a signal from the Axon Signal Sidearm sensor. Upon processing the signal, an Axon system equipped with Axon Signal technology transitions from the BUFFERING to EVENT mode. Axon Interview Solution • High-definition cameras and microphones for interview rooms • Covert or overt camera installations • Touch-screen user interface • Motion-based activation • Up to 7-minute pre-and post-event buffering period • Full hardware and software integration • Upload to Axon Evidence services • Interview room files can be managed under the same case umbrella as files from Axon on-officer cameras and Axon Fleet cameras; i.e., Axon video of an arrest and Axon Enterprise,Inc.Axon Sole Source Letter Version 41 Page 3 4J� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M interview room video are managed as part of the same case in Axon Evidence • Dual integration of on-officer camera and interview room camera with Axon Evidence digital evidence solution Axon Signal Technology • Sends a broadcast of status that compatible devices recognize when certain status changes are detected • Only compatible with TASER and Axon products Axon Dock • Automated docking station uploads to Axon Evidence services through Internet connection • No computer necessary for secure upload to Axon Evidence • Charges and uploads simultaneously • The Axon Dock is tested and certified by TUV Rheinland to be in compliance with UL 60950-1: 2007 R10.14 and CAN/CSA-C22.2 N0.60950-1-07+AI:2011+A2:2014 Information Technology Equipment safety standards. Axon Evidence Data Management System • Software as a Service (SaaS) delivery model that allows agencies to manage and share digital evidence without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share digital evidence with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access to evidence based on pre-defined roles and permissions and pre- defined individuals • Password authentication includes customizable security parameters: customizable password complexity, IP-based access restrictions, and multi-factor authentication support • Automated category-based evidence retention policies assists with efficient database management • Ability to recover deleted evidence within seven days of deletion • Stores and supports all major digital file types: .mpeg, .doc, .pdf, .jpeg, etc. • Requires NO proprietary file formats • Ability to upload files directly from the computer to Axon Evidence via an Internet browser • Data Security: Robust Transport Layer Security (TLS) implementation for data in transit and 256-bit AES encryption for data in storage • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault-and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff • Protection: With no on-site application, critical evidence stored in Axon Evidence is protected from local malware that may penetrate agency infrastructure Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 4 4j� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M • Stability: Axon Enterprise is a publicly traded company with stable finances and funding, reducing concerns of loss of application support or commercial viability • Application and data protected by a CJIS and ISO 27001 compliant information security program • Dedicated information security department that protects Axon Evidence and data with security monitoring, centralized event log analysis and correlation, advanced threat and intrusion protection, and incident response capabilities • Redact videos easily within the system, create tags, markers and clips, search 7 fields in addition to 5 category-based fields, create cases for multiple evidence files Axon Evidence for Prosecutors • All the benefits of the standard Axon Evidence services • Ability to share information during the discovery process • Standard licenses available for free to prosecutors working with agencies already using Axon Evidence services • Unlimited storage for data collected by Axon cameras and Axon Capture Attorney Premier • All the benefits Axon Evidence for Prosecutors • Purpose-built user interface optimizes evidence management, review functionalities, and case relevant information • Unlimited Al transcription of playable video and audio files • Native image and PDF redaction software • Ability to natively play a wide variety of 3rd party video codecs (CCTV) and extract file into an MP4 • Ability to obtain evidence directly from members of the community via secure web link • Unlimited storage and data collected and shared by Axon partner agencies via Axon Evidence (Evidence.com) • Available unlimited 3rd party data source storage plan • Pro Licenses—all users have access to pro license features, including the Redaction Studio, Transcription Assistant, and Multi-Cam, and Reporting functionalities • Transcription is Unlimited and automatic(i.e. all videos ingested into Attorney Premier are automatically transcribed) • Discovery module designed to optimize all aspects of discovery management Axon Capture Application • Free app for iOS and Android mobile devices • Allows users to capture videos, audio recordings, and photos and upload these files to their Axon Evidence account from the field • Allows adding metadata to these files, such as: Category, Title, Case ID, and GPS data Axon Commander Services • On-premises data management platform • Chain of custody reports with extensive audit trail • Automated workflows, access control, storage, and retention • Compatible with multiple file formats Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 5 4j� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M Axon View Application • Free app for iOS and Android mobile devices • Allows user to view the camera feed from a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 camera in real-time • Allows for playback of videos stored on a paired Axon Body, Axon Body 2, Axon Flex, or Axon Flex 2 system • Allows adding meta-data to videos, such as: Category, Title, Case ID, and GPS data Axon Records • Continuously improving automated report writing by leveraging Al and ML on officer recorded video, photo, and audio from BWC, In-Car, Mobile App (Axon Capture), or other digital media • Collaborative report writing through instantly synced workspaces allowing officers to delegate information gathering on scene • Instant access to records allowing detectives to begin their investigation and records clerks to update information exchanges on things like missing people or stolen property as soon as possible • Complete leveraging of Axon Evidence sharing to allow fast, efficient, digital, and secure sharing of records and cases to DAs and Prosecutors • Robust API and SDK allows data to be easily ingested and pushed out to other systems—preventing data silos • Deep integration with Axon Evidence putting video at the heart of the record and automating the process of tagging and categorizing digital evidence stored in Axon Evidence • Automatic association of digital evidence to the record and incident through Axon Evidence integration • In context search of master indexes (people, vehicles, locations, charges)— promoting efficient report writing through prefilling of existing data which promotes clean and deduped data in the system • Quick views for users to track calls for service and reports in draft, ready for review, kicked back for further information, or submitted to Records for archiving. • Federal and State IBRS fields are captured and validated—ensuring the officer knows what fields to fill and what information needs to be captured • Intuitive validation ensures officers know what information to submit without being burdened by understanding the mapping of NIBRS to state or local crime codes • Ability to create custom forms and add custom fields to incident reports—allowing your agency to gather the information you find valuable • Software as a Service (SaaS) delivery model that allows agencies to write, manage, and share digital incident reports without local storage infrastructure or software needed • SaaS model reduces security and administration by local IT staff: no local installation required • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement • Securely share records and cases with other agencies or prosecutors without creating copies or requiring the data to leave your agency's domain of control • Controlled access based on pre-defined users, groups, and permissions • Password authentication includes customizable security parameters: customizable Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 6 4J� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M password complexity, IP-based access restrictions, and multi-factor authentication support • Security Testing: Independent security firms perform in-depth security and penetration testing • Reliability: Fault-and disaster-tolerant infrastructure in at least 4 redundant data centers in both the East and West regions of the United States • Chain-of-Custody: Audit logs automatically track all system and user activity. These logs cannot be edited or deleted, even by account administrators and IT staff Axon Standards • Internal affairs and professional standards reporting • Customizable information display, including custom forms • Customizable workflows and user groups • Automated alerts • Compatible with digital documents, photos, and videos • Connection with Transcription (beta) • Shared Index with evidence.com and Records • Data Warehouse allowing custom summary reports and integration into 3rd party analytic tools. • Workflow analytics to provide SLA on throughputs • Integration with the TASER 7 CEW for automatically pulling firing logs (alpha) • Available as an option for Axon Records • Automatically bundled with Officer Safety Plan 7+ Axon Professional Services • Dedicated implementation team • Project management and deployment best practices aid • Training and train-the-trainer sessions • Integration services with other systems Axon Auto-Transcribe • Transcribes audio to text, producing a time-synchronized transcript of incidents • Allows searches for keywords (e.g., names, and addresses) • Embedded time stamps when critical details were said and events occurred • Produce transcripts in substantially less time than with manual methods • Pull direct quotes and witness statements directly into reports Axon Support Engineer: • Dedicated Axon Regional/Resident Support Engineer Services • Quarterly onsite visits • Solution and Process Guidance custom to your agency • White-Glove RMA and TAP (if applicable) Service for devices • Monthly Product Usage Analysis • Resident Support Engineer also includes onsite product maintenance, troubleshooting, and beta testing assistance Axon Respond for Dispatch (CAD) • Integration with Axon Respond for Devices (Axon Body 3)for location and/or live Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 7 AXON 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.COM streaming in CAD. • Integration with TASER 7 CEW devices for enhanced situational awareness. • Native ESRI based mapping with ability to connect to ESRI online communities and your agency's local ArcGIS data. • SaaS model reduces security and administration by local IT staff: no local installation • Robust API and SDK allows data to be easily ingested and pushed out to other systems -- preventing data silos. • Complete leveraging of Axon Evidence (evidence.com) sharing to allow fast, efficient, digital and secure sharing of data to DAs and Prosecutors. • Future versions/enhancements included with minimal down time and no need to purchase an upgrade to the latest version. • Native integration with Axon Records. • Reliability: Fault—and disaster—tolerant infrastructure in at least four redundant data centers in both the East and West regions of the United States. • Security Testing: Independent security firms perform in depth security and penetration testing. • Automatic, timely security upgrades and enhancements deployed to application without the need for any local IT staff involvement. Axon Customer Support • Online and email-based support available 24/7 • Human phone-based support available Monday—Friday 7:00 AM-5:00 PM MST; support is located in Scottsdale, AZ, USA • Library of webinars available 24/7 • Remote-location troubleshooting 4` AXON Axon Brand Model Numbers 1. Axon Body 3 Camera Model: 73202 2. Axon Flex 2 Cameras: • Axon Flex 2 Camera (online) Model: 11528 • Axon Flex 2 Camera (offline) Model: 11529 3. Axon Flex 2 Controller Model: 11532 4. Axon Flex 2 USB Sync Cable Model: 11534 5. Axon Flex 2 Coiled Cable, Straight to Right Angle, 48" (1.2 m) 6. Axon Flex 2 Camera Mounts: • Oakley Flak Jacket Kit Model: 11544 • Collar Mount Model: 11545 • Oakley Clip Model: 11554 Axon Enterprise,Inc.Axon Sole Source Letter Version 41 Page 8 4j� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M • Epaulette Mount Model: 11546 • Ballcap Mount Model: 11547 • Ballistic Vest Mount Model: 11555 7. Universal Helmet Mount Model: 11548 8. Axon Air System with Axon Evidence (Evidence.com) 5-Year License Model: 12332 9. Axon Body 2 Camera Model: 74001 10. Axon Body 2 Camera Mounts: • Axon RapidLock Velcro Mount Model: 74054 11. Axon Flex 2 Controller, Axon Body 2 Camera, and Axon Body 3 Camera Mounts: • Z-Bracket, Men's, Axon RapidLock Model: 74018 • Z-Bracket, Women's Axon RapidLock Model: 74019 • Magnet, Flexible, Axon RapidLock Model: 74020 • Magnet, Outerwear, Axon RapidLock Model: 74021 • Small Pocket, 4" (10.1 cm), Axon RapidLock Model: 74022 • Large Pocket, 6" (15.2 cm), Axon RapidLock Model: 74023 • MOLLE Mount, Single, Axon RapidLock Model: 11507 • MOLLE Mount, Double, Axon RapidLock Model: 11508 • Mini MOLLE Mount, Axon RapidLock Model: 11703 • Belt Clip Mount, Axon RapidLock Model: 11509 12. Axon Fleet Camera • Axon Fleet 2 Front Camera: 71079 • Axon Fleet 2 Front Camera Mount: 71080 • Axon Fleet 2 Rear Camera: 71081 • Axon Fleet 2 Rear Camera Controller: 71082 • Axon Fleet 2 Rear Camera Controller Mount: 71083 • Axon Fleet Battery System: 74024 • Axon Fleet Bluetooth Dongle: 74027 • Axon Fleet 3 Dual View Camera: 72000 • Axon Fleet 3 Interior Camera: 72037 • Axon Fleet Hub: 72010 13. Axon Signal Unit Model: 70112 14. Axon Dock Models: • Axon Dock— Individual Bay and Core for Axon Flex 2 • Axon Dock—6-Bay and Core for Axon Flex 2 • Individual Bay for Axon Flex 2 Model: 11538 • Core (compatible with all Individual Bays and 6-Bays) Model: 70027 • Wall Mount Bracket Assembly for Axon Dock: 70033 • Axon Dock — Individual Bay and Core for Axon Body 2 and Axon Fleet Model 74009 • Axon Dock —6-Bay and Core for Axon Body 2 and Axon Fleet Model 74008 • Individual Bay for Axon Body 2 and Axon Fleet Model: 74011 Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 9 4j� A X 0 N 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.CO M 15. Axon Signal Performance Power Magazine (SPPM) Model: 70116 Axon Product Packages 1. Officer Safety Plan: Includes an X2 or X26P energy weapon, Axon camera and Dock upgrade, and Axon Evidence license and storage. See your Sales Representative for further details and Model numbers. 2. Officer Safety Plan 7: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Dock, Axon Camera and Dock upgrade, Axon Evidence (Evidence.com) licenses and storage, Axon Aware, and Axon Records Core. 3. Officer Safety Plan 7 Plus: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, and Axon Signal Sidearm. 4. Officer Safety Plan 7 Plus Premium: Includes a TASER 7 energy weapon, Axon Body 3 camera, Axon Evidence (Evidence.com) licenses and storage, Axon Records Core, Axon Aware +, Axon Auto-Tagging Services, Axon Performance, Axon Citizen for Communities, Axon Redaction Assistant, Axon Signal Sidearm, Axon Auto-Transcribe, Axon VR Training, and unlimited first-party and unlimited third-party storage. 5. TASER 7 Basic: Pays for TASER 7 program in installments over 5 years including access to Axon Evidence services for energy weapon program management. 6. TASER Assurance Plan (TAP): Hardware extended warranty coverage, Spare Products, and Upgrade Models available for the X2 and X26P energy weapons, and the TASER CAM HD recorder. (The TAP is available only through Axon Enterprise, Inc.) 7. TASER 7 Certification: Pays for TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges and online training content. 8. TASER Certification Add-On: Allows the agency to pay an annual fee to receive an annual allotment of training cartridges, unlimited duty cartridges and online training content. 9. TASER 7 Certification with Virtual Reality (VR): Pays for the TASER 7 program in installments over 5 years including access to Evidence.com for energy weapon program management, annual training cartridges, unlimited duty cartridges, online training content, and VR training. 10. TASER 60: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years. 11. Unlimited Cartridge Plan: Allows the agency to pay an annual fee to receive annual training cartridges, unlimited duty cartridges and unlimited batteries for the X2 and X26P. 12. TASER 60 Unlimited: Pays for X2 and X26P energy weapons and Spare Products in installments over 5 years and receive unlimited cartridges and batteries. 13. TASER 7 Close Quarters Dock Plan: Pays for TASER 7 Close Quarters Plan over a 5- year period in installments including access to Evidence.com for energy weapon program management, rechargeable batteries, annual cartridge shipments, unlimited duty Axon Enterprise, Inc.Axon Sole Source Letter Version 41 Page 10 AXON 17800 N 85TH STREET SCOTTSDALE,ARIZONA 85255 AXON.COM cartridges, and access to online training. 14. Axon Core: Pays for the TASER 7 CQ, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 15. Axon Core+: Pays for the TASER 7 energy weapon, TASER Dock, weapon Axon Evidence license, training and duty cartridges, Axon Body 3 camera, Professional Axon Evidence license, unlimited storage, camera hardware upgrade every 2.5 years, Axon Respond, Axon Signal Sidearm, and auto tagging. 16. Corrections Officer Safety Plan: Includes a TASER 7 energy weapon, Axon Body 3 Camera, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage. 17. Corrections Post OSP: Includes one TASER 7 energy weapon for every two licenses, one Axon Body 3 Camera for every two licenses, Axon Dock, Axon Camera and Dock Upgrade, Axon Evidence Licenses and unlimited Axon storage for each license. SOLE AUTHORIZED DISTRIBUTOR FOR SOLE AUTHORIZED REPAIR FACILITY AXON BRAND PRODUCTS FOR AXON BRAND PRODUCTS Axon Enterprise, Inc. Axon Enterprise, Inc. 17800 N. 85t"Street, Scottsdale,AZ 85255 17800 N.85t"Street, Scottsdale,AZ 85255 Phone: 480-905-2000 or 800-978-2737 Phone:480-905-2000 or 800-978-2737 Fax: 480-991-0791 Fax: 480-991-0791 Please contact your local Axon sales representative or call us at 1-800-978-2737 with any questions. Sincerely, Josh Isner Chief Operating Officer Axon Enterprise, Inc. Android is a trademark of Google, Inc.,Bluetooth is a trademark of the Bluetooth SIG, Flak Jacket is a trademark of Oakley, Inc,iPod Touch is a trademark of Apple Inc, iOS is a trademark of Cisco,LTE is a trademark of the European Telecommunications Standards Institute,Shoei is a trademark of Shoei Co.,Ltd.,VELCRO is a trademark of Velcro Industries,B.V.,and Wi-Fi is a trademark of the Wi-Fi Alliance. AXON,Axon,Axon Body,Axon Evidence,Axon Fleet,Axon Flex,Axon Interview,Axon Records,Axon Respond, Axon Signal,Axon Standards,X2,X26P,TASER 7,and TASER are trademarks of Axon Enterprise, Inc.,some of which are registered in the US and other countries. For more information,visit www.axon.com/legal.All rights reserved.©2022 Axon Enterprise, Inc. Axon Enterprise,Inc.Axon Sole Source Letter Version 41 Page 11 DocuSign Envelope ID: 79F37540-F445-4423-9958-8C50335DB405 First Amendment to Master Services AXON and Purchasing Agreement This First Amendment ("Amendment") is between Axon Enterprise, Inc. (f/k/a Taser International, Inc.), a Delaware corporation ("Axon"), and the City of Meridian ("Agency"). This Amendment is effective as of the last signature date on this Amendment ("Effective Date"). Axon and Agency are each a "Party" and collectively"Parties". Axon and Agency are parties to a Master Services and Purchasing Agreement dated May 15, 2018 ("Agreement"). The Parties wish to incorporate further changes into the Agreement in order to expand the scope of offered products. The Parties therefore agree as follows: 1. The attached documents are hereby incorporated into the Agreement: a. Axon Fleet Appendix b. Axon Respond Appendix c. Quote Q-387071 2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature. Axon Enterprise, Inc. City of Meridian (Agency) Docu Siflned by: c —� r Si nature Signature: Robert E. Driscoll , Jr. Name: Name: Robert E. Simison Title: VP, Assoc. General Counsel Title: Mayor 9/26/2022 Date: Date: Page 1 Of 4 AXONFirst Amendment to Master Services and Purchasing Agreement Axon Fleet Appendix If Axon Fleet is included on the Quote, this Appendix applies. 1. Agency Responsibilities.Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3(collectively, "Axon Fleet")as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency's representations are inaccurate, the Quote is subject to change. 2. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint's end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 3. Third-partV Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 4. Wireless Offload Server. 4.1. License Grant.Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 4.2. Restrictions.Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d)copy WOS in whole or part; (e)use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within WOS. 4.3. Updates. If Agency purchases WOS maintenance,Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon.Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 4.4. WOS Support. Upon request by Axon,Agency will provide Axon with access to Agency's store and forward servers solely for troubleshooting and maintenance. 5. Axon Vehicle Software. 5.1. License Grant.Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 5.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade Page 2 of 4 AXONFirst Amendment to Master Services and Purchasing Agreement secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon's licensors on or within Axon Vehicle Software. 6. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, within 7 days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above,Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. 7. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as schedule on the Quote. 7.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade.Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. 7.2. Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon,Axon will deactivate the serial numbers for the Axon Devices received by Agency. 8. Axon Fleet Termination.Axon may terminate Agency's Fleet subscription for non-payment. Upon any termination: 8.1. Axon Fleet subscription coverage terminates, and no refunds will be given. 8.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade. 8.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. Page 3 of 4 AXONFirst Amendment to Master Services and Purchasing Agreement Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote. 1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1)start date of that bundled offering, or(2)date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope,Axon may initiate good-faith discussions with Agency on upgrading Agency's Axon Respond to better meet Agency's needs. 3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera.Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon's choice to provide LTE service. Axon may change LTE carriers during the Term without Agency's consent. 4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency's LTE carrier. 5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the carrier's control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service;or(c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners,and the carrier will not be liable in any capacity for any errors,outages,or failures of carrier partner networks.Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon- provided LTE service. Page 4 of 4 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Mayor's Office: Housing Assistance Grant Program Recommendations C�WEII MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles Meeting Date: Sept 21, 2021 Presenter: Dave Miles Estimated Time: 10 mins Topic: Emergency Housing Assistance Program Funding Recommendation Recommended Council Action: Update and recommend that Council award American Rescue Plan Act (ARPA) funding in the amount of$250,000 to Jesse Tree to administer the Emergency Housing Assistance Grant Program to qualified Meridian residents. Background: The Council directed that a portion of the city's allotment of ARPA funding be directed to address emergency housing assistance. Accordingly, an RFP was developed and issued for qualified organizations to submit proposals, with an emphasis placed on expertise, project scope, utilization of funds to meet project objectives, and goals and anticipated outcomes. The RFP was issued on September 1st, with responses due no later than September 161h. Two organizations responded to the RFP,Jesse Tree and Ada County Housing Authority. A scoring committee, made of staff members from Finance, Economic Development, CDBG and the Mayor's Office reviewed applications and provided scoring based on a rubric, and met to discuss any questions and outliers. Both organizations requested the full amount of funding available ($250,000). While the Committee felt that both organizations were qualified and capable of managing the project, it was determined that Jesse Tree had the best application and targeted approach to address emergency housing assistance in Meridian. They highlighted an emphasis on utilization of funds, speed to deploy services, and ability to serve a greater number of potential households. Specifically,Jesse Tree's response stated that the full $250,000 would be used for"direct assistance", while only$220,000 of Ada County Housing Authority's would be used, the remaining $30,000 would be directed to "Personal" ($20,000) and "Administrative" ($10,000) costs. In addition, Jesse Tree showed that they were prepared to start deploying funds fully in Quarter One, while Ada County Housing Authority needed some time to get their program going. It is recommended that Council award Jesse Tree the contract to administer the Emergency Housing Assistance Grant Program. The anticipated timeline for the next steps is as follows: • By October 41h, Jesse Tree negotiate and sign a written agreement with the City for use of the Emergency Housing Assistance Program funds. • October 111h, City Council approve the Agreement. Pagel of 2 • October 12th, Jesse Tree starts to implement the Emergency Housing Assistance Program. • By September 30, 2023, Emergency Housing Assistance funds are expended and reporting is complete per the,yet to be executed,Agreement and all applicable ARPA rules. <end> Page 2 of 2 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: 2022 Impact Fee Study Presentation 'IQ, IIAN ■ Development Impact Fees Study prepared by DP Guthrie LLC September 16, 2022 September 16, 2022 Mr.Todd Lavoie Chief Financial Officer City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 Subject: Development Impact Fees Report Dear Mr. Lavoie, DP Guthrie LLC is pleased to provide the 2022 development impact fee update for the City of Meridian. After collaborating with staff and receiving input from the Impact Fee Advisory Committee,this draft report summarizes key findings and recommendations related to the growth cost of capital improvements to be funded by development impact fees, along with the need for other revenue sources to ensure a financially feasible Comprehensive Financial Plan. It has been a pleasure working with you. Also, I am grateful to City staff for engaging with quality information and insight regarding best practices for the City of Meridian. Sincerely, Ile Dwayne Guthrie, PhD,AICP DP Guthrie LLC TABLE OF CONTENTS EXECUTIVESUMMARY.........................................................................................................................................................1 UNIQUE REQUIREMENTS OF THE IDAHO IMPACT FEE ACT.......................................................................................................................1 PROPOSEDIMPACT FEES..................................................................................................................................................................2 PARKS AND RECREATION IMPACT FEES................................................................................................................................4 PARKIMPROVEMENTS.....................................................................................................................................................................4 LANDFOR PARKS............................................................................................................................................................................6 RECREATIONBUILDINGS...................................................................................................................................................................8 REVENUE CREDIT EVALUATION..........................................................................................................................................................9 PROPOSED AND CURRENT IMPACT FEES..............................................................................................................................................9 FORECAST OF REVENUES FOR PARKS AND RECREATION ........................................................................................................................10 COMPREHENSIVE FINANCIAL PLAN FOR PARKS AND RECREATION...........................................................................................................11 POLICE IMPACT FEES.......................................................................................................................................................... 12 PROPORTIONATESHARE ................................................................................................................................................................12 EXCLUDEDCOSTS.........................................................................................................................................................................13 CURRENT USE AND AVAILABLE CAPACITY..........................................................................................................................................13 POLICE FACILITIES,SERVICE UNITS,AND STANDARDS...........................................................................................................................13 POLICE INFRASTRUCTURE NEEDS.....................................................................................................................................................15 REVENUE CREDIT EVALUATION........................................................................................................................................................15 POLICEDEVELOPMENT FEES...........................................................................................................................................................15 PROJECTED REVENUE FOR POLICE FACILITIES......................................................................................................................................17 COMPREHENSIVE FINANCIAL PLAN FOR POLICE...................................................................................................................................18 FIREIMPACT FEES.............................................................................................................................................................. 19 EXISTING STANDARDS FOR FIRE FACILITIES.........................................................................................................................................19 FIREINFRASTRUCTURE NEEDS.........................................................................................................................................................21 REVENUE CREDIT EVALUATION........................................................................................................................................................21 CURRENT AND PROPOSED FIRE IMPACT FEES.....................................................................................................................................22 PROJECTED REVENUE FOR FIRE FACILITIES.........................................................................................................................................24 COMPREHENSIVE FINANCIAL PLAN FOR FIRE FACILITIES........................................................................................................................25 FEE IMPLEMENTATION AND ADMINISTRATION..................................................................................................................26 COSTOF CFP PREPARATION...........................................................................................................................................................26 DEVELOPMENTCATEGORIES...........................................................................................................................................................26 CREDITS AND REIMBURSEMENTS.....................................................................................................................................................27 APPENDIX A: LAND USE ASSUMPTIONS.............................................................................................................................28 SERVICEAREAS............................................................................................................................................................................28 SUMMARY OF GROWTH INDICATORS................................................................................................................................................28 PROPORTIONATESHARE ................................................................................................................................................................29 RESIDENTIAL DEVELOPMENT AND PERSONS PER HOUSING UNIT............................................................................................................30 DEMAND INDICATORS BY DWELLING SIZE..........................................................................................................................................31 .LOBS AND NONRESIDENTIAL DEVELOPMENT.......................................................................................................................................34 APPENDIX B: CHANGES IN STANDARDS AND COST FACTORS.............................................................................................36 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Executive Summary Impact fees are one-time payments used to construct system improvements that serve multiple development projects or even the entire jurisdiction. By law, impact fees can only be used for capital improvements, not operating or maintenance costs. Impact fees are subject to legal standards that satisfy three key tests: need, benefit, and proportionality. • First, to justify a fee for public facilities, local government must demonstrate a need for capital improvements. • Second, new development must derive a benefit from the payment of the fees (i.e., in the form of public facilities constructed within a reasonable timeframe). • Third, the fee paid should not exceed a development's proportionate share of the capital cost. As documented in this report,the City of Meridian has complied with applicable legal precedents. Impact fees are proportionate and reasonably related to the capital improvement demands of new development, with the projects identified in this study taken from Meridian's Comprehensive Financial Plan (CFP). Specific costs have been identified using local data and current dollars. With input from City staff, DP Guthrie LLC determined service units for each type of infrastructure and calculated proportionate share factors to allocate costs by type of development. This report documents the formulas and input variables used to calculate the impact fees for each type of public facility. Impact fee methodologies also identify the extent to which new development is entitled to various types of credits to avoid potential double payment of growth-related capital costs. The Idaho Development Impact Fee Act (Idaho Code Title 67 Chapter 82) sets forth "an equitable program for planning and financing public facilities needed to serve new growth." The enabling legislation calls for three integrated products: 1) Land Use Assumptions (LUA)for at least 20 years, 2) Capital Improvements Plan, which the City of Meridian calls Comprehensive Financial Plan (CFP), and 3) Development Impact Fees (DIFs). The LUA(see Appendix A) uses population and housing unit projections provided by City staff. In addition,the CFP and DIF for fire and police facilities require demographic data on nonresidential development. This document includes nonresidential land use assumptions such as jobs and floor area within the City of Meridian, along with service units by residential size thresholds. The CFP and DIF are in the middle section of this report, organized by chapters pertaining to each public facility type (i.e., parks/recreation, police, and fire). Each chapter documents existing infrastructure standards, the projected need for improvements to accommodate new development, the updated DIF compared to current fees, revenue projections and funding strategy for growth-related infrastructure, and a CFP listing specific improvements to be completed by the City of Meridian. Unique Requirements of the Idaho Impact Fee Act The Idaho Development Impact Fee Act has several requirements not common in the enabling legislation of other states. This overview summarizes these unique requirements,which have been met by the City of Meridian, as documented in this study. First, as specified in 67-8204(2) of the Idaho Act, "development impact fees shall be calculated on the basis of levels of service for public facilities . . . applicable to existing development as well as DP Guthrie LLC 1 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT new growth and development." Second, Idaho requires a Capital Improvements Plan (aka CFP in Meridian) [see 67-8208]. The CFP requirements are summarized in this report, with more detailed information maintained by City staff responsible for each type of infrastructure funded by impact fees. Third,the Idaho Act states the cost per service unit (i.e., impact fee) may not exceed the cost of growth-related system improvements divided by the number of projected service units attributable to new development [see 67-8204(16)]. Fourth, Idaho requires a proportionate share determination [see 67-8207]. The City of Meridian has complied by considering various types of applicable credits that may reduce the capital costs attributable to new development. Fifth, Idaho requires a Development Impact Fee Advisory Committee established to: a) assist in adopting land use assumptions, b) review the CFP and file written comments, c) monitor and evaluate implementation of the CFP, d)file periodic reports on perceived inequities in implementing the plan or imposing DIFs, and e) advise the governmental entity of the need to update the LUA, CFP and DIF study. Proposed Impact Fees Figure 1 summarizes the methods and cost components used for each type of public facility in Meridian's 2022 impact fee study. City Council may change the proposed impact fees by eliminating infrastructure types, cost components, and/or specific capital improvements. If changes are made during the adoption process, DP Guthrie LLC will update the impact fee study to be consistent with legislative policy decisions. Figure 1: Proposed Fee Methods and Cost Components Type of Impact Service Incremental Expansion CostAllocation Fee Area (current standards) Parks and Park Improvements, Recreation Citywide Land for Parks,and Residential Facilities Recreation Centers Functional Population and Inbound Vehicle Police Facilities Citywide Police Buildings Trips to Nonresidential Development Fire Buildings, Functional Fire Facilities Citywide Apparatus, Population Communications& and Jobs Equipment DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure 2 summarizes proposed 2022 impact fees for new development in the City of Meridian. As discussed in Appendix A, DP Guthrie LLC recommends that residential fees be imposed by dwelling size, based on climate- controlled space. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms, fitness centers, management offices, and maintenance areas. For nonresidential development, Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). Figure 2: Proposed Impact Fee Schedule Citywide Service Area Park and Police Fire Proposed Current Increase Proposed Recreation Facilities Facilities Total Total to Current Facilities (2022) (2019) Ratio Residential(perhousing unit)by5puare Feet of Climate-Controlled FloorArea 1200 or less $1,946 $190 $470 $2,606 $1,095 $1,511 2.38 1201 to 1700 $3,006 $294 $726 $4,026 $1,909 $2,117 2.11 1701 to 2500 $4,119 $402 $995 $5,516 $2,483 $3,033 2.22 2501 to 3200 $4,935 $482 $1,192 $6,609 $2,943 $3,666 2.25 3201 or more $5,544 $542 $1,339 1 $7,425 $3,4331 $3,992 12.16 Nonresidential(perspuare footofbuildinp) Commercial(Restaurant/Retail) $0.00 $1.23 $1.29 $2.52 $0.88 $1.64 2.86 All Other $0.00 $0.19 $0.96 $1.15 $0.46 $0.69 2.50 DP Guthrie LLC 3 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Parks and Recreation Impact Fees The 2022 impact fee for parks and recreation facilities will enable Meridian to maintain current infrastructure standards for improved acres of parks, acquire additional land for future parks, and expand floor area of recreation buildings. All parks and recreation facilities included in the impact fees have a citywide service area. Cost components are allocated 100% percent to residential development. Park Improvements Citywide parks have active amenities, such as a soccer/football/baseball fields, basketball/volleyball courts, and playgrounds that will attract patrons from the entire service area. As shown in Figure PR1,the updated infrastructure standard is 2.66 acres per 1,000 residents based on Meridian's projected population in 2023 and completion of Phase 2 improvements to Discovery Park by the end of Fiscal Year 2023. Projected need for park improvements is shown at the bottom of Figure PR1. From 2023 through 2032, Meridian will improve 87 acres of parks, expected to cost approximately$35.76 million. DP Guthrie LLC 4 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR1: Improvements Standard and Need for Improved Acres Location Improved Acres Discovery Park 63.19 Julius M. Kleiner Park 58.20 Settlers Park 57.74 Heroes Park 30.13 Fuller Park 23.20 BearCreak Park 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Jabil Soccer Fields 8.40 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 Heritage MS Ball Fields 5.60 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Tota 1 370.85 Allocation Factors for Parks Improvements Cost per Acre $411,000 Residential Proportionate Share 100% Service Units Population in 2023 139,249 Infrastructure Standards for Park Improvements Improved Acres Residential(per person) 0.00266 Park Improvement Needs Year Population Improved Acres Base 2022 Year 1 2023 139,249 370.8 Year2 2024 145,028 386.2 Year3 2025 151,006 402.2 Year4 2026 154,310 411.0 Years 2027 157,614 419.8 Year10 2032 171,903 457.8 2023-2032Increase 32,654 87.0 Growth Cost of Parks=> $35,757,000 DP Guthrie LLC 5 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Land for Parks In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Additional land for parks is estimated to cost$150,000 per acre. City staff obtained supporting documentation for the land cost factor from local appraisals,with input from the DIF Advisory Committee. As shown in Figure PR2,the current infrastructure standard for park land is 3.14 acres per 1,000 residents. In comparison to inventory of improved parks,the table below includes the following changes: 1. Phase 3 acreage added to Discovery Park 2. Inserted West Regional Park site 3. Deleted Jabil Soccer Fields (not owned by Meridian) 4. Deleted Heritage Middle School Ballfields (not owned by Meridian) At the bottom of the table below is a needs analysis for park land. To maintain the current standard over the next ten years, Meridian will acquire 120.5 acres of land for future parks, which is expected to cost approximately $18.08 million. DP Guthrie LLC 6 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR2: Land Standard and Need for Park Sites Park Sites Land Area(acres) Discovery Park 77.69 Julius M. Kleiner Park 58.20 Settlers Park 57.74 West Regional Park 47.16 Heroes Park 30.13 Fuller Park 23.20 Bear Creak Park 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Total 418.51 Allocation Factors for Park Land Land Cost per Acre $150,000 Residential Proportionate Share 100% Service Units Population in 20221 133,470 Infrastructure Standards for Park Land Park Sites(acres) Residential(per person) 0.00314 Park Land Needs Year Population Park Sites(acres) Base 2022 133,470 418.5 Year 1 2023 139,249 436.6 Year2 2024 145,028 454.7 Year3 2025 151,006 473.5 Year4 2026 154,310 483.9 Years 2027 157,614 494.2 Year10 2032 171,903 539.0 2022-20321ncrease 38,433 120.5 Growth Cost of additional Park Land=> $18,075,000 DP Guthrie LLC 7 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Recreation Buildings Figure PR3 lists floor area for parks and recreation buildings in 2022, including the maintenance shop, which is consistent with approach used for public safety facilities. As shown in their respective sections of this report,the building inventories for fire and police include support facilities for administration and training. City staff provided the cost estimate of$670 per square foot to construct future recreation buildings. The lower portion of the table below indicates projected service units over the next ten years. To maintain current standards, Meridian will need 22,827 additional square feet of recreation building space, expected to cost approximately$15.29 million. Figure PR3: Infrastructure Standards and Needs for Recreation Buildings Existing Buildings Square Feet Meridian Homecourt 51,303 Parks Maintenance Shop(1700 E Lanark) 15,264 Pool Building 8,505 Meridian Community Center 4,200 Tota 1 79,272 Allocation Factors for Parks&Recreation Buildings Recreation Building Cost per Square Foot $670 Residential Proportionate Share 100% 2022 Meridian Population 133,470 Square Feet Residential(per person) 0.59 Building Needs Year Population Square Feet Base 2022 133,470 79,272 Year 1 2023 139,249 82,704 Year 2 2024 145,028 86,137 Year3 2025 151,006 89,687 Year4 2026 154,310 91,650 Years 2027 157,614 93,612 Year6 2028 160,919 95,575 Year7 2029 164,223 97,537 Year8 2030 167,527 99,500 Year9 2031 169,715 100,799 Year 10 2032 1171,903 102,099 Ten-Yrincrease 38,433 22,827 Growth Costfor Parks&Recreation Buildings=> $15,294,000 DP Guthrie LLC 8 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to parks and recreation facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Because impact fees fully fund expected growth costs,there is no potential double-payment from other revenue sources. Proposed and Current Impact Fees At the top of Figure PR4 is a summary of the infrastructure needs for parks and recreation facilities due to growth. In addition to the growth cost of parks and recreation facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho impact fee enabling legislation), less the projected park impact fee fund balance at the end of the current fiscal year. The net growth cost of$66,826,219 divided by the projected increase in population from 2022 to 2032,yields a cost of$1,738 per service unit. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per dwelling. Please see Appendix A for supporting documentation on the average number of persons by dwelling size in Meridian. Figure PR4: Parks and Recreation Impact Fee Schedule 2022 Input Variables Growth Infrastructure Type Infrastructure Quantity Over Cost Factor Growth Cost Units Ten Years per Unit (rounded) Park Improvements acres 87.0 $411,000 $35,757,000 Additional Park Sites(land) acres 120.5 $150,000 $18,075,000 Parks&Recreation Buildings sq ft 22,827 $670 $15,294,000 Total=> $69,126,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> ($2,307,461) Net Growth Cost=> $66,826,219 Population Increase 2022 to 2032 38,433 Cost per Service Unit $1,738 Residential Impact Fees(per dwelling) Proposed Proposed to Square Feet of Climate- Persons per Parks& Current Increase Current Controlled Space Housing Unit Recreation Fees Ratio Fee 1200 or less 1.12 $1,946 $781 $1,165 2.49 1201 to 1700 1.73 $3,006 $1,361 $1,645 2.21 1701 to 2500 2.37 $4,119 $1,770 $2,349 2.33 2501 to 3200 2.84 $4,935 $2,098 $2,837 2.35 3201 or more 3.19 $5,544 $2,447 1 $3,097 1 2.27 DP Guthrie LLC 9 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Forecast of Revenues for Parks and Recreation Figure PR5 indicates Meridian should receive almost$68 million in parks and recreation impact fee revenue over the next ten years, if actual development matches the projections documented in Appendix A. To the extent the rate of development either accelerates or slows down,there will be a corresponding change in the need for infrastructure and impact fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure PR5: Projected Impact Fee Revenue Ten-Year Growth Cost=> $66,826,219 Parks&Recreation Impact Fee Revenue Single Family Multi family $4,935 $3,006 Year per housing unit per housing unit Hsg Units Hsg Units Base 2022 41,617 9,427 Year 1 2023 43,217 10,227 Year 2 2024 44,767 10,877 Year3 2025 46,117 11,427 Year 4 2026 47,317 11,827 Year 5 2027 48,265 12,231 Year 6 2028 49,212 12,634 Year7 2029 50,160 13,038 Year8 2030 51,107 13,441 Year9 2031 51,836 13,752 Year 10 2032 1 52,565 1 14,062 Ten-Yr I ncrease 10,948 4,635 Projected Revenue=> $54,030,000 $13,930,000 Total Revenue=> $67,960,000 DP Guthrie LLC 1O 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Parks and Recreation As specified in 67-8203(29), development impact fees in Meridian exclude costs to provide better service to existing development. Existing parks and recreation buildings are fully utilized and there is no surplus capacity for future development. Expansion of buildings may include support facilities for administration and maintenance. City staff recommends the improvements listed in Figure PR6 to accommodate additional development over the next ten years. Figure PR6: Summary of Ten-Year CFP for Parks and Recreation Needed Planned I mproved Acres 87.0 93.2 Land for Parks(acres) 120.5 120.5 Recreation Building Sq Ft 22,827 22,800 FY Description Amount Units Cost 2023 Parks&Recreation Building Design $1,500,000 2024 Parks&Recreation Building Construction 22,800 square feet $13,776,000 2025 Graycliff Park Design $185,000 2026 Graycliff Park Construction 11.5 acres $4,541,500 2026 West Regional Park Design $500,000 2027 West Regional Park Construction 47.2 acres $18,899,200 r7627ffir3iscovery1- 11 111 2028 Opiscovery • • 11 2030 M a rga ret Alda•- Pa rk Phase 1 Construction20.0 acres $7,226,000 2031 2032 2023-32 Additional Park Sites 120.5 acres $18,075,000 Total=> $71,656,200 Growth Needs to Maintain Current LOS=> $66,826,219 DP Guthrie LLC �� 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Impact Fees The City of Meridian will use an incremental expansion cost method to maintain existing infrastructure standards for police buildings. Proportionate Share In Meridian, police and fire infrastructure standards, projected needs, and development fees are based on both residential and nonresidential development. As shown in Figure P1,functional population was used to allocate public safety infrastructure and costs to residential and nonresidential development. Functional population is like the U.S. Census Bureau's "daytime population," by accounting for people living and working in a jurisdiction. Functional population also considers commuting patterns and time spent at residential versus nonresidential locations. Residents that don't work are assigned 20 hours per day to residential development and four hours per day to nonresidential development (annualized averages). Residents that work in Meridian are assigned 14 hours to residential development and 10 hours to nonresidential development. Residents that work outside Meridian are assigned 14 hours to residential development. Inflow commuters are assigned 10 hours to nonresidential development. Based on 2019 functional population data for Meridian,the cost allocation for residential development is 72%while nonresidential development accounts for 28%of the demand for police and fire infrastructure. Figure P1: Functional Population Functional Population Cost Allocation for Public Safety Demand Units in 2019 Demand Person Residential Hours/Day Hours Population* 114,161 61% Residents Not Working 69,079 20 1,381,580 39% Resident Workers** 45,082 23% Worked in City** 10,148 14 142,072 77% Worked Outside City** 34,934 14 489,076 Residential Subtotal 2,012,728 Residential Share=> 72% Nonresidential Non-working Residents 69,079 4 276,316 Jobs Located in City** 49,856 20% Residents Working in City** 10,148 10 101,480 80% Inflow Commuters 39,708 10 397,080 Nonresidential Subtotal 774,876 Nonresidential Share=> 28% * 2019 U.S. Census Bureau population estimate. TOTAL 2,787,604 ** 2019 Inflow/Outflow Analysis, OnTheMap web application, U.S. Census Bureau data for all jobs. DP Guthrie LLC 12 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Excluded Costs Police development fees in Meridian exclude costs to meet existing needs and stricter safety, efficiency, environmental or regulatory standards. The City's CFP addresses the cost of these excluded items. Also excluded from the police development fees are public safety vehicles and equipment that do not meet the minimum useful life requirement in Idaho's Impact Fee Act. Current Use and Available Capacity In Meridian, police facilities are fully utilized and there is no surplus capacity for future development. Meridian has determined that police building space will require expansion to accommodate future development. Police Facilities, Service Units, and Standards Police development fees in Meridian are based on the same level of service provided to existing development. Figure P2 inventories police buildings in Meridian. Because the training center is also used by the Fire Department,floor area was reduced to indicate the portion used by Meridian police. For residential development, Meridian will use year-round population within the service areas to derive current police infrastructure standards. For nonresidential development, Meridian will use inbound, average-weekday, vehicle trips as the service unit. Figure P2 indicates the allocation of police building space to residential and nonresidential development, along with FY23 service units in Meridian. Vehicle trips to nonresidential development are based on floor area estimates for industrial, commercial, institutional, office and other services, as documented in the Land Use Assumptions. For police development fees, Meridian will use a cost factor of$660 per square foot (provided by City staff). The cost factor includes design and construction management. Based on FY23 service units,the standard in Meridian is 0.33 square feet of police building floor area per person in the service area. For nonresidential development, Meridian's standard is 0.09 square feet of police building per inbound vehicle trip to nonresidential development, on an average weekday. DP Guthrie LLC 13 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure P2: Meridian Police Buildings and Standards Police Buildings Square Feet Admin Building 33,000 Scenario Village 11,637 Police Pricinct-N 11,223 PSTC(half) 7,250 TOTAL 63,110 Source: Cityof Meridian Police Department. Police Buildings Standards Residential Nonresidential Proportionate Share(based on 72% 28% functional population) Growth Indicator Population Avg WkdyVeh Trips to Nonres Dev Service Units in FY23 i 139,2491 195,281 Square Feet per Service Unit 0.331 0.09 DP Guthrie LLC 14 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Infrastructure Needs Idaho's development fee enabling legislation requires jurisdictions to convert land use assumptions into service units and the corresponding need for additional infrastructure over the next ten years. As shown in Figure P3, projected population and inbound nonresidential vehicle trips drive the need for police buildings and vehicles. Meridian will need 13,745 additional square feet of police buildings. The ten-year, growth-related capital cost of police buildings is approximately$9.07 million. Figure P3: Police Facilities Needed to Accommodate Growth Police Infrastructure Standards and Capital Costs Buildings-Residential 0.33 Sq Ft per person Buildings-Nonresidential 0.09 Sq Ft pertrip Police Buildings Cost $660 per square foot Infrastructure Needed Veh Trips to Police Year Population Nonres in Meridian Buildings(sq ft) Base 2022 Year 1 2023 139,249 195,281 63,110 Year 2 2024 145,028 198,832 65,317 Year 3 2025 151,006 202,497 67,599 Year 4 2026 154,310 206,064 69,000 Year 5 2027 157,614 209,871 70,423 Year 6 2028 160,919 213,623 71,841 Year7 2029 164,223 217,451 73,265 Year8 2030 167,527 221,295 74,692 Year9 2031 169,715 225,340 75,772 Year10 2032 1 171,9031229,423176,855 2023-2032 Increase 32,654 34,142 13,745 Growth Cost of Police Buildings=> $9,072,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to police facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. Police Development Fees Infrastructure standards and cost factors for police are summarized in the upper portion of Figure P4. The conversion of infrastructure needs and costs per service unit into a cost per development unit is also shown in the table below. For residential development, average number of persons in a housing unit provides the necessary conversion. Persons per housing unit, by size threshold are documented in the Land Use Assumptions. DP Guthrie LLC 15 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT For nonresidential development,trip generation rates by type of development are from the Institute of Transportation Engineers (ITE 2022). To ensure the analysis is based on travel demand associated with nonresidential development within Meridian,trip ends (entering and exiting) are converted to inbound trips using a basic 50%adjustment factor. In addition to the growth cost of police facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho Impact Fee Act). Figure P4: Police Impact Fees per Development Unit 2022 Input Variables Infrastructure Type Infrastructure Growth Quantity Cost Factor Growth Cost Units Over Ten Years per Unit (rounded) Police Buildings square feet 13,745 $660 $9,072,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 Cost Allocation Net Growth Cost=> $9,079,680 Residential 72% Nonresidential 28% Allocated Cost by Land Use Residential $6,537,370 Nonresidential $2,542,310 Growth 2022 to 2032 Cost perService Unit Residential(persons) 38,433 $170 Nonresidential 37,601 $67 (vehicle trips) Residential Impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Police Current Proposed Increase to Current Space Housing Unit Facilities Fees Fees Ratio 1200 or less 1.12 $190 $56 $134 3.39 1201 to 1700 1.73 $294 $98 $196 3.00 1701 to 2500 2.37 $402 $128 $274 3.14 2501 to 3200 2.84 $482 $152 $330 3.17 3201 or more 3.19 $542 $177 $365 3.06 Nonresidential Impact Fees(square foot of building) Avg Wkdy Veh Trip Adjustment Proposed TripEnds per Factors Proposed p Police Current Type KSF Facilities Fees Increase to Current Ratio Fees Commercial(Restaurant/Retail) 37.01 50% $1.23 $0.24 $0.99 5.13 All Other 5.76 50% $0.19 $0.05 $0.14 3.80 DP Guthrie LLC 16 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Police Facilities Over the next ten years, police development fee revenue is projected to approximately match the growth cost of police infrastructure, which has a ten-year total cost of approximately$9.08 million (see the upper portion of Figure 135). The table below indicates Meridian should receive approximately$9.1 million in police development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down,there will be a corresponding change in the need for infrastructure and development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure P5: Police Development Fee Revenue Ten-Year Growth Cost of Police Facilities=> $9,079,680 Police Impact Fee Revenue Single Family Multi family Industrial Commercial Institutional Office&Other Services $482 $294 $190 $1,230 $190 $190 per housing unit per housing unit per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft Year Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year 4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-Yrincrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $5,280,000 $1,360,000 $435,000 $1,587,000 $196,000 $274,000 Total Projected Revenues(rounded)=> $9,132,000 DP Guthrie LLC 17 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Police City staff recommends the improvements listed in Figure P6 to accommodate additional development over the next ten years. Impact fees will contribute approximately$9.1 million for Phase 3 of the Public Safety Training Center. Other revenue sources will be required to fund the additional cost of police facilities over the next ten years. Figure P6: Summary of Ten-Year UP for Police Needed Planned Building Sq Ft 13,745 17,000 FY Description Amount units Cost 2023 2024 2025 Public Safety Training Center Phase 3 17,000 square feet $11,220,000 2026 2027 2028 2029 2030 2031 2032 Total=> $11,220,000 Growth Needs to Maintain Current LOS=> $9,079,680 DP Guthrie LLC 18 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Impact Fees DP Guthrie LLC recommends functional population to allocate the cost of additional fire infrastructure to residential and nonresidential development (see Figure P1 above and related text). Fire development fees in Meridian are based on the same level of service currently provided to existing development. Existing Standards for Fire Facilities Figure F1 inventories Fire Department buildings in Meridian. Because the training center is also used by the Police Department,floor area was reduced to indicate the portion used by Meridian Fire Department. Based on service units in FY23,the standard for fire buildings is 0.52 square feet per person and 0.52 square feet per job. Figure F1: Existing Fire Buildings Fire Stations Square Feet Fire Admin Space(City Hall) 13,511 Fire Station#1(540 E. Franklin Rd) 11,700 Fire Station#6(1435 W Overland Rd) 10,299 Fire Station#7(2385 Lake Hazel Rd) 10,299 Fire Station#8(4250 N Owyhee Storm Ave) 10,299 Fire Station#5(6001 N Linder Rd) 7,360 PSTC(half) 7,250 Fire Station#4(2515 S Eagle Rd) 7,077 Fire Station#3(3545 N Locust Grove) 7,040 Fire Station#2(2401 N Ten Mile Rd) 6,770 Training Tower @ Station#1 6,523 Fire Safety Center(1901 Leighfield Dr) 1,744 TOTAL 99,872 Allocation Factors for Fire Stations Residential Share 72% Functional Nonresidential Share 28% Population Population in 2023 139,249 Jobs in 2023 53,547 Infrastructure Standards for Fire Stations Square Feet Residential(per person) 0.52 Nonresidential(perjob) 0.52 DP Guthrie LLC 19 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Development fees will be used to expand the fleet of fire vehicles and purchase equipment with a useful life of at least ten years. Figure F2 lists fire vehicles and equipment currently used by the Meridian Fire Department. Following the same methodology used for fire buildings, the total cost of fire vehicles and equipment was allocated 72%to residential and 28%to nonresidential development in Meridian. As shown below, every additional resident will require Meridian to spend approximately$75 for additional fire vehicles and equipment. Every additional job requires the City to spend approximately$74 for additional fire vehicles and equipment. Figure F2: Existing Standards for Fire Vehicles Fire Apparatus and Equipment Code Total Cost Engines FE $6,178,923 Ladder Truck LT $4,400,000 Pickup Trucks PT $590,975 Other Vehicles OV $431,296 Communications&Equipment CE $2,244,978 TOTAL $13,846,172 Allocation Factors for Fire Apparatus and Communications Residential Share 72% Functional Nonresidential Share 28% population Population in 2022 133,470 Jobs in 2022 52,602 Infrastructure Standards for Fire Apparatus and Communications Apparatus and Communications Residential(per person) $74.69 Nonresidential(perjob) $73.70 DP Guthrie LLC 20 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Infrastructure Needs The City's Comprehensive Plan and website describe existing fire facilities. In Meridian,fire facilities are fully utilized and there is no surplus capacity for future development. The City has determined that fire facilities will require expansion to accommodate future development. As specified in 67-8203(29), development impact fees in Meridian exclude costs to repair, upgrade, update, expand or replace existing capital improvements to provide better service to existing development. To accommodate projected development, Meridian will expand fire buildings by 21,741 square feet and spend approximately$3.63 million to purchase additional fire vehicles and equipment. Figure F3: Growth-Related Need for Fire Facilities Fire Infrastructure Standards and Capital Costs Fire Buildings-Residential 0.52 Sq Ft per person Fire Buildings-Nonresidential 0.52 Sq Ft perjob Fire Buildings Cost $864 per square foot Fire Apparatus/Communications-Residential $74.69 Cost per person Fire Apparatus/Communications-Nonres $73.70 Cost perjob Facilities Needed Population Meridian Sq Ft of Fire Fire Apparatus and Year Jobs Stations Communications Base 2022 $13,846,172 Year 1 2023 139,249 53,547 99,872 $14,347,471 Year 2 2024 145,028 54,514 103,361 $14,850,391 Year3 2025 151,006 55,496 106,961 $15,369,281 Year4 2026 154,310 56,496 109,190 $15,689,784 Years 2027 157,614 57,514 111,428 $16,011,613 Year6 2028 160,919 58,552 113,676 $16,334,917 Year7 2029 164,223 59,607 115,933 $16,659,474 Year8 2030 167,527 60,680 118,200 $16,985,357 Year9 2031 169,715 61,774 119,901 $17,229,431 Year 10 2032 171,9031 62,8881 121,6131 $17,474,979 Increase 32,654 9,341 21,741 $3,628,807 Cost of Fire Stations=> $18,784,000 Cost of Fire Apparatus and Communications=> $3,629,000 Total Growth Cost=> $22,413,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to fire facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. DP Guthrie LLC 21 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Current and Proposed Fire Impact Fees Figure F4 indicates proposed impact fees for fire facilities in Meridian. Residential fees are derived from average number of persons per housing unit and the cost per person. Nonresidential fees are based on average jobs per 1,000 square feet of floor area and the cost per job. The cost factors for fire facilities are summarized in the upper portion of Figure F4. Persons per unit, by dwelling size, are based on local data, as discussed in the Land Use Assumptions. For nonresidential development, average jobs per thousand square feet of floor area are also documented in the Land Use Assumptions. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per development unit. Proposed nonresidential development fees for fire facilities are shown in the column with light orange shading. The 2022 study recommends nonresidential fees by two general categories, Commercial and All Other types of nonresidential development. Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 22 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure F4: Fee Schedule for Fire Facilities 2022 Input Variables Cost Infrastructure Type Infrastructure Growth Quantity Factor Growth Cost Units Over Ten Years per Unit (rounded) Fire Buildings square feet 21,741 $864 $18,784,000 Fire Apparatus dollars $3,629,000 Total=> $22,413,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 CostAllocation Net Growth Cost=> $22,420,680 Residential 1 72% Nonresidential 1 28% Allocated Cost by Land Use Residential $16,142,890 Nonresidential 1 $6,277,790 Growth 2022 to 2032 Cost perService Unit Residential(persons) 38,433 $420 Nonresidential(jobs) 10,286 $610 Residential impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Fire Current Proposed Increase to Current Space Housing Unit Facilities Fee Fees Ratio 1200 or less 1.12 $470 $258 $212 1.82 1201 to 1700 1.73 $726 $450 $276 1.61 1701 to 2500 2.37 $995 $585 $410 1.70 2501 to 3200 2.84 $1,192 $693 $499 1.72 3201 or more 3.19 $1,339 $809 $530 1.66 Nonresidential Impact Fees(square foot of building) Jobs per1,000 Proposed Fire Current Proposed Type Increase to Current Sq Ft Facilities Fee Fees Ratio Commercial(Restaurant/Retail) 2.12 $1.29 $0.64 $0.65 2.02 AIIOther 1 1.58 1 $0.961 $0.411 $0.55 2.34 DP Guthrie LLC 23 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Fire Facilities Over the next ten years,fire development fee revenue is projected to approximately match the growth cost of fire infrastructure, which is approximately$22.42 million (see the upper portion of Figure F5). The table below indicates Meridian should receive approximately$22.65 million in fire development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure F5: Fire Development Fee Revenue Ten-Year Cost of Growth-Related Fire Facilities=> $22,420,680 Fire Impact Fee Revenue Single Family Multi family Industrial Commercial Institutional Office and OtherServices $1,192 $726 $960 $1,290 $960 $960 Year per housing unit per housing unit per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft per 1000 Sq Ft Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 1 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year 10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-Yrincrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $13,050,000 $3,370,000 $2,200,000 $1,660,000 $990,000 $1,380,000 Total Projected Revenues(rounded)=> $22,650,000 DP Guthrie LLC 24 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Fire Facilities Using impact fee funding over the next ten years, Figure F6 indicates that Meridian plans to expand fire building space by 21,741 square feet. Meridian will also purchase additional fire vehicles costing approximately$6.63 million. The total cost for planned projects is approximately$25.42 million. The growth needs funded by impact fees is approximately$22.42 million over ten years. Other revenues will be required to fully fund the Fire Department's CFP. Figure F6: Summary of Ten-Year CFP for Fire Facilities Needed Planned Building Sq Ftl 21,741 1 21,741 Apparatus and Equipmentl $3,629,000 1 $6,632,469 FY Description Amount Units Cost 2023 2024 Fire Station#1 Vehicle $686,834 2025 Radios 16 $160,000 2025 Ladder Truck @Fire Station#6 1 $2,200,000 2026 Additional Cardiac Monitors $140,000 2026 Additional Fire Station Design $720,000 2027 Additional Fire Station Construction 12,000 square feet $9,648,000 2027 Additional Fire Station Engine $686,834 2027 Hydraulic Extrication Tool 2 $250,000 2027 Thermal Imaging Cameras 5 $70,400 2028 Ladder Truck @Fire Station#10 1 $2,200,000 2028 SCBAs for new apparatus $140,000 2030 Additional Battalion Chief Vehicle 1 $98,401 2023 to Building Design $720,000 2032 2023 to Expand Fire Buildings 9,741 square feet $7,696,100 2032 Total=> $25,416,569 Growth Needs to Maintain Current LOS=> $22,420,680 DP Guthrie LLC 25 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fee Implementation and Administration Consistent with best practices and Idaho's enabling legislation, Meridian updates capital improvements and development impact fees every five years. In addition, some jurisdictions make annual adjustments for inflation using a price index like the Engineering News Record (ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be applied to the adopted impact fee schedule, reviewed by the Advisory Committee,then approved by City Council. If cost estimates or demand indicators change significantly,the City should redo the fee calculations. Another best practice is to spend impact fees as soon as possible,tracking funds according to first in,first out accounting, using aggregate rather than project-specific tracking. Impact fees and accrued interest are maintained in a separate fund that is not comingled with other revenues. In Idaho, an annual report is mandatory, indicating impact fee collections, expenditures, and fund balances by type of infrastructure. Cost of CFP Preparation As stated in Idaho's enabling legislation, a surcharge on the collection of development impact fees may be used to fund the cost of preparing the CFP that is attributable to the impact fee determination. A minor cost of$7,680 per infrastructure type was added to the 2022 Meridian impact fee study. Development Categories Proposed impact fees for residential development are by square feet of climate-controlled space, excluding porches, garage and unfinished space, such as basements and attics. For an apartment building,the average size threshold is derived for an entire building. The recommended procedure is to identify the aggregate climate- controlled floor area for the entire building, excluding ancillary space for community rooms,fitness centers, management office and maintenance areas, divided by the number of dwelling units in the building. Apartment complexes and some residential development provide common areas for use by residents, such as exercise rooms and clubhouses. Common areas for the private use of residents are ancillary uses to the dwelling units and not subject to additional impact fees. Section 67-8204(20) of the Idaho Development Impact Fee Act states that an addition to an existing residential building,that does not increase the number of service units, should be exempt from additional impact fees. Given the relatively small fee increase across size thresholds and the high transaction cost to assess fees for additions to residential buildings, DP Guthrie LLC recommends that additions to residential buildings should not be subject to additional impact fees. The two general nonresidential development categories in the proposed impact fee schedule can be used for all new construction within Meridian. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and job density(i.e.,jobs per 1,000 square feet of floor area), as documented in Appendix A. "Commercial" includes retail development and eating/drinking places (i.e., restaurants and bars). All land uses within a shopping center will pay the impact fee for commercial development. All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 26 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT An applicant may submit an independent study to document unique demand indicators (i.e., service units per development unit). The independent study should be prepared by a professional engineer or certified planner and use the same type of input variables as those in Meridian's impact fee study. For residential development, impact fees are based on average persons per housing unit. For nonresidential development, impact fees are based on inbound average weekday vehicle trips per 1,000 square feet of floor area, and the average number of jobs per 1,000 square feet of floor area. The independent fee study will be reviewed by City staff and can be accepted as the basis for a unique fee calculation. If staff determines the independent fee study is not reasonable,the applicant may appeal the administrative decision to Meridian's elected officials for their consideration. Credits and Reimbursements A general requirement that is common to impact fee methodologies is the evaluation of credits. A revenue credit may be necessary to avoid potential double payment situations arising from one-time impact fees plus on-going payment of other revenues that may also fund growth-related capital improvements. The determination of revenue credits is dependent upon the impact fee methodology used in the cost analysis. Policies and procedures related to site-specific credits should be addressed in the ordinance that establishes the impact fees. Project-level improvements, required as part of the development approval process, are not eligible for credits against impact fees. If a developer constructs a system improvement included in the fee calculations, it will be necessary to either reimburse the developer or provide a credit against the fees. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. Based on national experience, DP Guthrie LLC recommends a jurisdiction establish a reimbursement agreement with the developer that constructs a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the City should not pay interest on the outstanding balance. The developer must provide documentation of the actual cost incurred for the system improvement. The City should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the City pays more than the cost used in the fee analysis, there will be insufficient fee revenue. Reimbursement agreements should only obligate the City to reimburse developers annually according to actual fee collections from the benefiting area. The supporting documentation for each type of impact fee describes the types of infrastructure considered to be system improvements. Site specific credits or developer reimbursements for one type of system improvement does not negate an impact fee for other system improvements. DP Guthrie LLC 27 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix A: Land Use Assumptions Appendix A contains the land use assumptions for Meridian's 2019 DIF update. The CFP must be developed in coordination with the Advisory Committee and utilize land use assumptions most recently adopted by the appropriate land planning agency [see Idaho Code 67-8206(2)]. Idaho's enabling legislation defines land use assumptions as: "a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a 20-year period." Service Areas To ensure a substantial benefit to new development paying impact fees,the City of Meridian has evaluated collection and expenditure zones for public facilities that may have distinct benefit or service areas. In the City of Meridian, impact fees for parks/recreation, police and fire facilities will benefit new development throughout the entire incorporated area. DP Guthrie LLC recommends one citywide service area for Meridian impact fees. Idaho Code 67-8203(26) defines "service area" as: "Any defined geographic area identified by a governmental entity, or by intergovernmental agreement, in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles, or both." The City's adopted Future Land Use Map indicates land uses, densities, and intensities of development, as required by Idaho Code 67-8203(16). The service area is defined as all land within the city limits of Meridian, as modified over time. Summary of Growth Indicators Population, housing unit,jobs and nonresidential floor area are the "service units" or demand indicators that will be used to evaluate the need for growth-related infrastructure. The demographic data and development projections discussed below will also be used to demonstrate proportionality. All land use assumptions are consistent with Meridian's Comprehensive Plan. In contrast to the Comprehensive Plan, which is more general and has a long-range horizon, development impact fees require more specific quantitative analysis and have a short-range focus. Typically, impact fee studies look out five to ten years, with the expectation that fees will be periodically updated (e.g., every 5 years). Infrastructure standards will be calibrated using fiscal year 2018-19 data. In Meridian,the fiscal year begins on October V. Key development projections for the City of Meridian are housing units and nonresidential floor area, as shown in Figure Al. These projections will be used to estimate development fee revenue and to indicate the anticipated need for growth-related infrastructure. The goal is to have reasonable projections without being overly concerned with precision. Because impact fee methods are designed to reduce sensitivity to development projections in the determination of the proportionate-share fee amounts, if actual development is slower than projected,fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development is faster than anticipated,the City will receive an increase in fee revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. DP Guthrie LLC 28 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Population and housing unit projections were provided by City staff. During the next ten years,the impact fee study assumes Meridian's population increases at a growth rate of approximately 2.56% per year. Over the next ten years,jobs are expected to increase at a growth rate of approximately 1.8% per year, which is from the Communities in Motion employment forecast from 2020 to 2050. Figure All: Annual Development Projections Meridian Land Use Assumptions 200,00❑ 180,000 160,00❑ 140,00❑ 120,000 100,00❑ 80,000 60,000 40,000 20,000 0 2020 2025 2030 2035 2040 —Population —Housing Units —Jobs Nonresidential Square Feet(in thousands) Proportionate Share The term "proportionate" is found throughout Idaho's Development Impact Fee Act. For example, Idaho Code 67- 8202(2) states the intent to, "Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;" DP Guthrie LLC 29 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Because DIFS must be proportionate, jurisdictions derive fees for various land uses per unit of development, as stated in Idaho Code 67-8404(17). "A development impact fee ordinance shall include a schedule of development impact fees for various land uses per unit of development. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs..." Even though formulas and methods are not specified in Idaho's Development Impact Fee Act, DIFs must be reasonable and fair, as stated in section 67-8201(1). "All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred, or to be incurred, by the governmental entity in the provision of system improvements to serve the new development. In the following sections, DP Guthrie LLC describes reasonable and fair formulas and methods that can be used in the City of Meridian to make DIFs proportionate by size of residential development and type of nonresidential development. Residential Development and Persons per Housing Unit The 2010 census did not obtain detailed information using a "long-form" questionnaire. Instead,the U.S. Census Bureau has switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS), which is limited by sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses). Part of the rationale for imposing fees by size threshold, as discussed further below, is to address this ACS data limitation. Because townhouses and apartments generally have fewer bedrooms and less floor area than detached units, size thresholds make fees more proportionate, while facilitating construction of affordable units. As shown Figure A2, dwellings with a single unit per structure (detached and attached) average 2.84 persons per housing unit. Dwellings in structures with two or more units average 2.19 year-round residents per unit. This category includes duplexes, which have two dwellings on a single land parcel. According to the latest available data,the overall average is 2.75 year- round residents per housing unit and 2.82 persons per household. According to the U.S. Census Bureau, a household is a housing unit that is occupied by year-round residents. Development fees often use per capita standards and persons per housing unit, or persons per household,to derive proportionate-share fee amounts. DP Guthrie LLC recommends that fees for residential development in the City of Meridian be imposed according to the number of year-round residents per housing unit. DP Guthrie LLC 30 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A2: Year-Round Persons per Unit by Type of Housing Meridian Population and Housing Characteristics Units in Structure Persons House- Persons per Housing Persons per Housing Vacancy holds Household Units Housing Unit Mix Rate Single Unit* 95,564 32,685 2.92 33,703 2.84 86% 3% All Other** 11,920 5,364 2.22 5,440 2.19 14% 1% Subtotal 107,484 38,049 2.82 39,143 2.75 3% Group Quarters 303 TOTAL 107,787 Source: U.S. Census Bureau, 2020 American Community Survey, 5-Year Estimates, Tables B25024, B25032, B25033, and B26001. * Single unit includes attached and detached. ** All other includes multifamily and mobile homes. Demand Indicators by Dwelling Size Impact fees must be proportionate to the demand for infrastructure. Because the average number of persons per housing unit has a strong, positive correlation to the number of bedrooms, DP Guthrie LLC recommends residential fee schedules that increase by dwelling size. Custom tabulations of demographic data by bedroom range can be created from individual survey responses provided by the U.S. Census Bureau, in files known as Public Use Micro-Data Samples (PUMS). PUMS files are only available for areas of at least 100,000 persons, with the City of Meridian included in Public Use Micro-Data Area (PUMA) 701. As shown in Figure A3, DP Guthrie LLC derived average persons per housing unit by bedroom range, from un-weighted PUMS data. The recommended multipliers by bedroom range (shown below) are for all types of housing units, adjusted to the control total for Meridian (i.e., 2.75 persons per housing unit). Figure Al Persons by Bedroom Range Recommended Multipliers(2) Bedrooms Persons Housing Persons per Housing (1) Units(1) Housing Unit Mix 0-1 53 43 1.33 3.0% 2 384 205 2.02 14.3% 3 1,5801 684 2.49 47.7% 4+ 1,6421 501 3.53 35.0% Tota 1 3,6591 1,433 2.75 1 100.0% (1) American Community Survey, Public Use Microdata Sample for ID PUMA 701(2016-2020 5-year database). (2) Recommended persons per housing unit are scaled to make the average derived from PUMS survey data match the control total for Meridian (i.e. 2.75 persons per housing unit). DP Guthrie LLC 31 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT DIFs based on size of dwelling are generally easier to administer when expressed in square feet of finished living space for all types of housing. Basing fees on floor area rather than the number of bedrooms eliminates the need for criteria to make administrative decisions on whether a room qualifies as a bedroom. To translate dwelling size by number of bedrooms into square feet of living space, DP Guthrie LLC used the 2018 Ada County Assessor's residential database to derive average square feet by bedroom range (i.e.,two,three, and four or more bedrooms). DP Guthrie LLC recommends that DIFs for residential development be imposed based on finished square feet of living space, excluding garages, patios and porches that are not climate-controlled. Average floor area and number of persons by bedroom range are plotted in Figure A4, with a logarithmic trend line derived from actual averages for Meridian. Using the trend line formula shown in the chart, DP Guthrie LLC derived the estimated average number of persons, by dwelling size, in size thresholds like those currently used by the City of Boise. As shown with yellow highlighting, the lowest floor area range (1200 square feet or less) has an estimated average of 1.24 persons per housing unit. At the upper end of the floor area range (3201 or more square feet of climate- controlled space),the average is 3.53 persons per housing unit. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms,fitness centers, management offices, and maintenance areas. In each impact fee worksheet,the person per housing unit values shown in Figure A4 were adjusted downward by multiplying the value for each size threshold by the ratio of 2.84 divided by 3.14. Figure A2 indicates an average of 2.84 persons per single-family unit in Meridian and 3.14 is the fitted-curve value for dwellings with 2501 to 3200 square feet, which is the middle range for single-family units. DP Guthrie LLC 32 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A4: Persons by Square Feet of Living Space Average square feet for 2 to 4+ Survey of Construction Meridian Averages per Housing Unit Fitted-Curve Values bedrooms in Meridian was derived Square Feet(rounded) Bedrooms Sq Ft(rounded) Persons Sq Ft Range Persons from Ada County Assessor 1,100 0-1 1,000 1.33 1200 or less 1.24 residential database (units 1,800 2 1,500 2.02 1201 to 1700 1.91 constructed 2014 to 2018). 2,200 3 2,100 2.43201 1701 to 2500 2.62 Average persons per housing unit 3,400 4+ 2,900 3. 2501 to 3200 3.14 by bedroom range is based on 2016-2020 ACS PUMS data for ID 2,700 <=Wt Avg=> 2,400 or more 3.53 PUMA 701. Recommended Square Feet Ranges are similar to Boise size thresholds. Persons per Housing Unit in Meridian, ID 4.00 3.50 Rz= 0.9651 +, 3.00 2.50 3 = 2.00 CL C c 1.50 N v a 1.00 0.50 0.00 0 500 1,000 1,500 2,000 2,500 3,000 3,500 Square Feet of Living Area DP Guthrie LLC 33 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Jobs and Nonresidential Development In addition to data on residential development, the calculation of impact fees requires data on nonresidential development. DP Guthrie LLC uses the term 'jobs" to refer to employment by place of work. In Figure A5, color shading indicates nonresidential development prototypes used by DP Guthrie LLC to derive average weekday vehicle trips and nonresidential floor area. For future industrial development, DP Guthrie LLC averaged Light Industrial (ITE code 110) and Warehousing(ITE 150)to derive an average of 1,239 square feet per industrial job. The prototype for future commercial development is an average-size Shopping Center(ITE code 820). Commercial development (i.e., retail and eating/drinking places) is assumed to average 471 square feet per job. For institutional development, such as schools, daycare and churches,the impact fee study assumes an average of 1,012 square feet per job. The prototype for institutional development is Assisted Living(ITE 254). For office and other services, an average-size Office (ITE 710) is the prototype for future development, averaging of 307 square feet per job. Figure A5: Average Weekday Vehicle Trip Ends ITE Land Use/ Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit* Per Employee* Dmd Unit PerEmp 110 Light Industrial 1,000SgFt 4.87 3.10 1.57 637 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living 1,000 Sq Ft 4.19 4.24 0.99 1,012 610 Hospital 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home 1,000 Sq Ft 6.75 3.31 2.04 490 710 General Office 1,000SgFt 10.84 3.33 3.26 307 760 Research& Dev Center 1,000 Sq Ft 11.08 3.37 3.29 304 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 820 1 Shopping Center 1,000 Sq Ft 37.01 17.42 2.12 471 857 Discount Club 1,000 Sq Ft 42.46 32.21 1.32 759 Industrial in Meridian 1,000 Sq Ft 3.29 4.08 0.81 1,239 * Trip Generation,Institute of Transportation Engineers,11th Edition(2022). DP Guthrie LLC 34 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A6 indicates 2019 estimates of jobs and nonresidential floor area within Meridian. Job estimates, by type of nonresidential, are from Meridian's Work Area Profile, available through the U.S. Census Bureau's online web application known as OnTheMap. The number of jobs in Meridian is based on quarterly workforce reports supplied by employers. Floor area estimates are derived from the number of jobs by type of nonresidential development and average square feet per job ratios, as discussed on the previous page. Total floor area of nonresidential development in Meridian is consistent with property tax parcel information obtained from Ada County. Figure A6: Jobs and Floor Area Estimates 2019 Jobs(1) Commercial(2) 13,237 26.6% Industrial(3) 8,983 18.0% Institutional(4) 4,934 9.9% Office&Other Services(5) 22,702 45.5% TOTAL 49,856 100.0% (1) Jobs in 2015 from Work Area Profile, OnTheMap,U.S. Census Bureau web application. (2) Major sectors are Retail and Accommodation/Food Services. (3) Major sectors are Construction, Manufacturing, Wholesale Trade, and Trans portation/Wareho using. (4) Major sectors are Educational Services and Public Administration. (5) Major sectors are Professional/Scientific/Technical Services and Health Care. DP Guthrie LLC 35 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix B: Changes in Standards and Cost Factors Figure 131 summarizes changes to infrastructure standards and cost factors from the 2019 impact fee study to the 2022 update. For most public facilities, infrastructure standards have increased slightly over time, with the exception of park improvements. Since 2019, population has increased faster than acres of improved parks. Major changes accounting for the proposed impact fee increase are higher cost factors and the recommendation to acquire additional park sites using impact fees, based on the 2022 standard of 3.14 acres per thousand residents. In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Figure 1131: Comparison of Standards and Cost Factors Public Infrastructure Standard Cost Factor 2022 to 2019 Facility 2019 2022 Measure 2019 2022 Units Cost Ratio Park Improvements 2.91 2.66 acres per thousand $241,000 $411,000 per acre 1.71 residents Park Land(new) 3.14 acres per thousand $61,000 $150,000 per acre 2.46 resident square feet per square foot of Recreation Centers 0.59 $225 $670 2.98 per person building Police Buildings- 0.26 0.33 square feet Residential per person per square foot of Police Buildings 0.09 square feet per $333 building 1.98 Nonresidential vehicle trip Fire Buildings-Residential 0.44 0.52 square feet per person per square foot of Fire Buildings- square feet $535 building 1.61 Nonresidential per job Fire Apparatus, Communications& $61.98 $74.69 per person 1.21 Equipment-Residential Fire Apparatus, Communications& $64.46 $73.70 perjob 1.14 Equipment- Nonresidential * In the 2019 study,land foradditional parks was only 1%of the growth cost and no standard was documented. In the 2022 study,land foradditional parks is 26%of the growth costfor parks&recreation. DP Guthrie LLC 36